The Egyptian Initiative for Personal Rights (EIPR) launched today a new study as part of its concerted work and advocacy efforts targeting a new law that guarantees equality, prevents discrimination, and meets the constitutional obligation stipulated in Article 53 - a time-bound constitutional obligation to promulgate the law, which has not been implemented since the constitution was adopted ten years ago.

The study, entitled "Towards equality and anti-discrimination law in Egypt: Criteria and guidelines", included proposals addressed to legislators, state officials and civil society, with detailed criteria that the law to be issued should adhere to. It also included a number of guidelines that should help inform or guide the content of the anticipated law, especially since the introduction of such important legislation is the responsibility that should be shouldered by the different stakeholders in society overall and should definitely not be left wholly to parliament or government. It should not be claimed that community participation in the drafting of this legislation was sufficiently achieved through two National Dialogue sessions held on one day.

EIPR criticized the Egyptian government's inaction on a new law that prevents discrimination and establishes a commission to combat it. It also criticized the parliament’s failure to fill this legislative vacuum and even its complete unawareness of some relevant draft laws submitted by MPs back in 2015 or during the current parliament’s term, which is set to end in the summer of 2025, leaving no sign of move towards issuing the law.

This inaction is at odds with the announcement by the President more than a year ago that he accepted the recommendation submitted to him by the Board of Trustees of the National Dialogue on 16 August 2023. The recommendation, titled "The issue of eliminating discrimination", was referred to both the government and parliament for implementation.

In this regard, EIPR said that despite the participation of two of its researchers in the two National Dialogue sessions dedicated to discussing the anti-discrimination draft law in May 2023, neither researchers nor other participants in the Dialogue were included in the process of drafting or even discussing the final recommendations published by the Board of Trustees of the National Dialogue. The recommendation was made available only after it was submitted to and accepted by the President of the Republic. Making the draft recommendation available for public discussion (with th experts and participants) and receiving suggestions would have been useful for the conveners of the dialogue. It would have allowed for revising and improving the content and wording of the recommendation before the entire process was completed without the knowledge or participation of stakeholders and experts - the ones who actually contributed the content on which the recommendations were compiled.

The EIPR study stressed that a law of such importance cannot be limited to criteria for the formation of an anti-discrimination commission without providing guarantees for equality in general, precise definitions of discriminatory practices, and forms of redress and reparation required to address them, so that the commission can perform its role adequately without leaving the provisions of the law open to conflicting interpretations.

The study is based on a legal framework consisting of the international human rights conventions ratified by Egypt, the Egyptian constitution, and the relevant rulings of Egyptian supreme courts. It is also inspired by best practices recommended by the UN human rights bodies and other rights organizations working in this field.

The first section of the study provides a legal analysis that highlights the shortcomings of the current constitutional and legal framework and how to address them in the law to be passed. The second section provides a list of the minimum criteria that should be met by the anticipated legislation. The third section provides a comparative analysis of the draft laws submitted by various parties, including the National Dialogue’s recommendation submitted to the President, with the aim of clarifying and consolidating the positive commonalities and identifying the shortcomings.

The study proposed eleven criteria that must be met in the anticipated law, foremost of which is the need to formulate a clear and comprehensive definition of discrimination and all prohibited acts. It stressed the legislation should recognize the responsibility of the state and other actors for identifying and removing obstacles to access to all forms of services, opportunities, places and information for all individuals without discrimination. It also noted that the anticipated law should provide for effective enforcement mechanisms, and provide remedies for victims of discrimination, in a dedicated section that includes various provisions governing redress - not just in the form of  criminal sanctions but also rules of compensation, reparation, rehabilitation and recognition of the discrimination suffered by victims.

The EIPR study set eight other criteria necessary for achieving the goal of establishing the commission, including a legal mechanism for selecting and dismissing its members. It also stated that the commission’s make-up should reflect the reality of pluralism in Egypt, and ensure the participation of groups and individuals that suffered discrimination and those who have spoken expressly about it. It further noted that the commission should intervene as a plaintiff alongside victims of discrimination, and that it should have the power to adjudicate disputes related to its modus operandi.

EIPR hopes this study will be discussed and the recommendations contained therein will be heeded, especially by MPs and civil society institutions, in order to push for the promulgation of long-overdue equality and anti-discrimination legislation. We hope that the much anticipated law will meet the established human rights standards and principles, which is the only way to ensure the achievement of its stated goals of equality and combating discrimination.

Read the study here