COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 9 OF THE CONVENTION

Concluding observations of the Committee on the
Elimination of Racial Discrimination

Egypt

362. The Committee considered the combined eleventh and twelfth periodic reports of Egypt (CERD/C/226/Add.13) at its 1048th and 1049th meetings, on 4 and 5 August 1994 (see CERD/C/SR.1048 and 1049).

363. The report was introduced by the representative of the State party, who provided brief details of the measures taken to implement the provisions of the Convention since the submission of its previous report. In particular, he informed the Committee of the adoption of legislation in compliance with the obligations laid down in article 4 of the Convention concerning the prohibition of organizations that promote or incite racial discrimination. In addition, the representative highlighted the efforts undertaken by the State party to implement article 7 of the Convention through educational measures and the development of information campaigns designed to raise awareness of human rights and freedoms. The campaigns also sought to offset any attitudes and traditions which might adversely affect the realization of human rights, including those relating to economic development.

364. Members of the Committee welcomed the opportunity to continue the constructive dialogue with the State party; however, they regretted that the report had not been prepared in accordance with the Committee's consolidated guidelines on reporting and had not contained the answers to questions which had remained unanswered during the consideration of the State party's previous report. Further information was also needed on the factors and difficulties encountered in implementing the provisions of the Convention. Equally, it was noted that the report lacked essential information as to the ethnic composition of the population.

365. Concern was expressed over the state of emergency existing in the State party. Reference was made to the violent attacks in recent months and years which had been directed towards foreigners and members of the Coptic church in Egypt, and the problems faced by the State party in addressing that situation. In this connection, members of the Committee wished to know of the measures being taken to protect such groups from attack or harassment.

366. Further information was requested about the status of the Convention in domestic law. In addition, the members of the Committee expressed concern that national legislation did not fulfil all the requirements of article 1 of the Convention. In this connection, they sought clarification as to whether the provisions of article 40 of the Constitution covered race as a ground for non-discrimination, and as to the protection being accorded to non-citizens with regard to their enjoyment of the rights guaranteed under the Convention.

367. Members of the Committee noted that the Egyptian Penal Code in its article 86 bis, as amended by Act No. 97 of 18 July 1992, had made it a criminal offence, inter alia, to establish any association, body, group or gang which in any way advocated violation of the personal liberty of citizens or of their public rights and freedoms guaranteed by the Constitution and the law, or sought to prejudice national unity and social harmony, and therefore addressed the measures called for in article 4 of the Convention. However, they observed that the report did not provide full details of the application of that article by the courts in Egypt and any jurisprudence that had developed as a result, particularly with regard to the meaning of national unity and social harmony. Also with regard to the implementation of article 4 of the Convention, the question was asked whether any publications inciting racial hatred, particularly against the Jews, circulated in the country.

368. Regarding article 5 of the Convention, members of the Committee expressed concern that information had not been provided on the extent to which all groups in the population of the State party enjoyed the rights enumerated in that article. Thus, they raised questions as to whether Armenians and Greeks living in Egypt held Egyptian nationality, as well as on the economic and social situation of those groups. Clarification was also requested concerning the measures taken to protect not only the language and traditional life-style of the Nubians, in particular, but also the cultural, economic and social rights of the Nubians, Berbers and Bedouins of Egypt, in general. Questions were also raised regarding the situation of Palestinians living in Egypt. In addition, more information was requested on the application in practice of article 4 of the Political Parties Act No. 40 of 1977, and of the jurisprudence developed as to the meaning of "public order and morality" with respect to the implementation of articles 2 and 33 of the Private Associations and Institutions Act No. 132 of 1964.

369. Concerning article 6 of the Convention, members of the Committee took note of the information contained in the State party's report that, for acts prohibited under article 4 of the Convention, national legislation provided that criminal or civil proceedings in respect of offences were not subject to any statute of limitations and that compensation or redress was available in cases where administrative decisions violated the provisions of the Constitution or the Convention. In that connection, members of the Committee asked how such legislation was applied in practice and requested details of any relevant court cases.

370. Concerning article 7 of the Convention, reference was made to the Committee's general recommendation XIII (42) on the training of law enforcement officials in the protection of human rights and to the value, in general, of educating and informing them about human rights. Mention was made of the role national human rights institutions could play for the protection and promotion of human rights, including those provided for under the Convention. More information was requested about the activities undertaken by the State party on those matters.

371. It was observed that the State party had not made the declaration under article 14 of the Convention; members of the Committee asked whether the State party was considering taking steps to accept the Committee's competence to consider communications received under the provisions of that article.

372. Replying to the questions raised by members of the Committee, the representative of the State party explained that the implementation of article 40 of the Constitution provided for equality before the law and that although its provisions did not specify race or colour, the term "origin", which had been specified in that article, had a very broad meaning in Arabic and covered those aspects. With respect to the laws on nationality, the Committee was informed that the Egyptian authorities were currently considering proposals which would regularize the position of children born to an Egyptian mother and a non-Egyptian father. Moreover, the representative indicated that experts would study the Committee's comments on aspects of Egyptian legislation that might need to be amended in order to bring them into line with the provisions of the Convention.

373. As for the protection of persons threatened by terrorism, the representative indicated that the measures being taken by the State were designed to ensure better security for both the Egyptian population and visitors to the country.

374. Concerning the implementation of articles 4 to 6 of the Convention, the representative indicated that article 57 of the Constitution provided that criminal and civil proceedings in respect of rights and freedoms guaranteed by the Constitution and the law were not subject to any statute of limitations; such violations constituted an offence and the State was required to guarantee compensation to victims. Providing further information as to the meaning of the concepts of social harmony and national unity under Egyptian law, the representative explained that any of the acts prohibited under the Convention would be considered to infringe national unity and social harmony under Egyptian law. Equally, the concept of public order as understood in Egypt meant that basic rights and freedoms came within the realm of public order and must be scrupulously respected by everyone, including public bodies.

375. With respect to ethnic communities, the representative stated that they enjoyed equal rights and full freedom, including with regard to their own schools, mother tongue instruction and publications in their own languages. The Nubians constituted a homogeneous group within Egyptian society, speaking Arabic with their own dialect. Following their resettlement after the construction of the Aswan Dam, the Egyptian Government had taken account of objections to the type of housing provided and had drawn up plans incorporating the architectural style preferred by the Nubians. There was no discrimination against them. They could practise their own occupations and accede to very high positions. There were Nubian ministers, senior members of the judiciary and teachers at all levels.

376. Regarding implementation of article 7 of the Convention, the representative stated that information about international human rights instruments was included in the curricula of police training schools and training colleges for the judiciary and in continuing education programmes for public officials and police officers. The Centre for Human Rights had provided valuable assistance in that regard, including the organization of a training course for police officers. In addition, the subject was included in both school and university curricula and the authorities sought to increase public awareness of human rights issues, especially among children and young people. The Egyptian Organization for Human Rights had not yet been officially recognized.

377. The representative indicated that his Government was considering making the declaration provided for in article 14 of the Convention but had reached no decision on the matter.

Concluding observations

378. At its 1065th meeting, on 17 August 1994, the Committee adopted the following concluding observations.

(a) Positive aspects

379. The additional oral information provided by the representative of the State party filled many of the information gaps in the written report. This additional information is appreciated and the opportunity to continue the fruitful, frank and constructive dialogue between the State party and the Committee is highly welcomed.

380. Satisfaction is expressed over the comments made by the representative of the State party as to the importance the State party attaches to the work of the Committee in offering guidance about the implementation of the provisions of the Convention.

(b) Principal subjects of concern

381. Concern is expressed over the paucity of information contained in the State party's report on judicial, administrative or other measures adopted that give effect to the Convention, and their effect upon the situation in Egypt. The lack of that information makes it difficult for the Committee to assess accurately the progress achieved in the realization of the rights provided for in the Convention. In this respect, the omission of details of the demographic composition of the population and the economic and social situation of different groups within the population is regretted.

382. It is unclear as to the extent to which other provisions of national law are applied to promote and protect the rights contained in the Convention. In particular, with regard to the recent measures taken to implement article 4 of the Convention, note is taken of article 86 bis of the Penal Code (Act No. 58 of 1937), as amended by Act No. 97 of 18 July 1992; however information is not provided as to how this provision of the Penal Code is applied in practice.

383. Concern is expressed about terrorist attacks, some of which could be of a xenophobic nature, and their consequences for the State party.

(c) Suggestions and recommendations

384. The Committee recommends that the next report to be submitted by the State party (due since 5 January 1994) provide more information on the actual practice in implementing the provisions of the Convention and that it contain written answers to the questions raised orally during the present consideration of the report of Egypt. It should also contain information on the demographic composition of the population and the social and economic situation of different groups within the population, as well as details of the actual implementation of article 5 of the Convention.

385. The Committee requests further clarification on the measures taken to implement other articles of the Convention, including the definition of racial discrimination as contained in article 1, paragraph 1, of the Convention. In this respect the State party is requested, in its next report, to take into account the information reflected in the Committee's general recommendations XI (42) and XIV (42). In addition, the Committee would like to receive further details of the actual application of articles 4 and 6 of the Convention, including through examples of recent court decisions, if any, particularly with respect to article 86 bis of Penal Code (Act No. 58 of 1937), as amended by Act No. 97 of 18 July 1992. With regard to article 4 of the Convention, the State party's attention is drawn to the contents of the Committee's general recommendation XV (42).

386. Further information is also sought on the implementation of article 7 of the Convention. Additionally, it is requested that the State party, in its next report, provide information on any national institutions established to promote and protect human rights. In this connection, the attention of the State party is drawn to the Committee's general recommendation XVII (42) on the possible roles of national institutions in facilitating the implementation of the Convention.

387. Finally, the attention of the State party is drawn to the possibility of making the declaration accepting the Committee's competence under article 14 of the Convention. The Committee also draws the attention of the State party to the amendment to article 8, paragraph 6, of the Convention, which was approved by the fifteenth meeting of States parties and by the General Assembly in its resolution 47/111, and encourages the State party to expedite its action formally to accept that amendment.