MAAT values the Supreme Constitutional Court's decision on the unconstitutionality of Art. 10 of the Protest Law
الأحد ٤ ديسمبر ٢٠١٦
The Foundation calls the government and parliament to adopt a consistent law with Egypt's international obligations
And stresses on: the necessity to open community dialogue on the Law
04\12\2016
MAAT for Peace, Development and Human Rights appreciates the Supreme Constitutional Court's decision concerning the unconstitutionality of Art. 10 of Law No. 107/2013 regulating the right to public meetings and peaceful protests, where the Art, stipulated "If serious information or evidence is found before the scheduled time for starting a public meeting, procession, or demonstration,
indicating the presence of threats to security of peace, the Minister of Interior or the specialized Director of Security may issue a justified decree prohibiting the public meeting, procession, or demonstrations, or suspending it, or relocating it, or altering the route; the organizers [submitters of the request] should be notified with the decision, at least 24 hours prior to the scheduled date".
The article gave the Ministry of Interior the right to prevent or narrow the scope of practicing the constitutional right to demonstrate by notification, which violates article No. 73 of the constitution stipulating "Citizens shall have the right to organize public meetings, marches, demonstrations and all forms of peaceful protests, without carrying arms of any kind, by serving a notification as regulated by Law. The right to peaceful and private assembly is guaranteed without need for prior notification. Security forces may not attend, monitor or eavesdrop on such meetings".
Despite the SCC's decision consideration for direct constitutional texts validating the right to peaceful demonstration, MAAT believes that the unconstitutionality of any of the law articles is an evidence on the fact that the complete law is inadequate, and has to be reconsidered in front of the parliament to correct the inadequate articles, where the Foundation believes that the current law include some articles violating the constitutional legislation spirit especially art. 73 of the constitution and Egypt's commitments driven from human rights conventions and the Universal Periodic Review recommendations.
MAAT calls the government and parliament to work on the adoption of a new law regulating the right to protest and peaceful assembly according to the international standards and treaties and conventions ratified by Egypt, as well as the Egyptian constitution and Egypt's UPR recommendations 2015 including:
- Amend the protest law on the Right to Public Meeting, Processions and Peaceful
Demonstrations in accordance with article 73 of the Constitution guaranteeing freedom of assembly
- Protect freedom of assembly and association by revising the Protest Law in accordance of the constitution.
MAAT calls the parliament and government to work on presenting the protest law to community dialogue according to the president's invitation to reconsider the law during the youth conference in Sharm Elsheikh.