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The Carter Center<br />

Civil Society Organizations<br />

Deborah Hakes<br />

Civil society organizations are important stakeholders<br />

in the election process. If allowed to<br />

operate freely, they can perform key functions<br />

that lend credibility to the electoral process.<br />

Over the course of the <strong>presidential</strong> election, Carter<br />

Center witnesses observed a low level of domestic<br />

and international CSO engagement. Primarily they<br />

functioned as a watchdog for the election process<br />

and, in some instances, contributed to voter and civic<br />

education. Carter Center witnesses attempted to meet<br />

with CSOs across the governorates in which they<br />

deployed. Below are the principal findings of The<br />

An Egyptian election witness keeps a tally of the votes during<br />

the counting process for the first round on May 24, <strong>2012</strong>.<br />

Carter Center with regard to the role of civil society<br />

in the <strong>presidential</strong> election.<br />

The PEC named the state-affiliated National<br />

Council for Human Rights (NCHR) as the body<br />

responsible for collecting, examining, and approving<br />

the applications for individual, domestic witnesses.<br />

Altogether, the NCHR approved around 9,700<br />

national witnesses. 137 This is a significant reduction<br />

when compared to the parliamentary <strong>elections</strong> during<br />

which the NCHR accredited 130 national CSOs<br />

representing 25,000 national witnesses.<br />

The PEC had responsibility for reviewing and<br />

approving applications to witness the <strong>presidential</strong><br />

election from international CSOs and issued individual<br />

accreditations for international witnesses.<br />

Altogether, only three international organizations<br />

applied and were accredited. They included the<br />

Electoral Institute for Sustainable Democracy in<br />

Africa (EISA), the Election Network in the Arab<br />

Region, and The Carter Center. This is also a marked<br />

reduction from the earlier parliamentary <strong>elections</strong><br />

during which there were seven international CSOs<br />

accredited to witness the election process.<br />

Regulatory Framework for CSOs<br />

Egypt’s civil society sector is vibrant and diverse,<br />

despite the strict regulatory environment for CSOs.<br />

The current laws regulating civil society give a wide<br />

range of powers to the Ministry of Insurance and<br />

Social Affairs (previously the Ministry of Social<br />

Solidarity) to regulate the establishment of CSOs,<br />

interfere in their internal affairs, and limit their advocacy<br />

and access to resources. 138 These laws contravene<br />

international law, as well as commitments made by<br />

137 Out of 64 national CSOs that applied for witnessing the <strong>presidential</strong><br />

election, 55 organizations were accredited. Approximately 9,700 national<br />

witnesses were accredited.<br />

138 CSOs are governed primarily through the Law on Non-Governmental<br />

Societies and Organizations (Law No. 84 of 2002), and its accompanying<br />

executive regulation, Ministry of Insurance and Social Affairs Decree No.<br />

178 of 2002. The International Center for Not-for-Profit Law (ICNL)<br />

notes that the law and regulation provide the Egyptian government with<br />

wide authority to interfere with or otherwise restrict CSOs, including<br />

denying CSO registration on vague grounds such as being “against public<br />

order,” by dissolving existing CSOs on similarly vague grounds, and<br />

by prohibiting CSOs from conducting “political activities.” (Egyptian<br />

authorities in the past have deemed some legitimate public policy<br />

activities as political activities.) The current law and regulation also make<br />

the association of Egyptian CSOs with foreign or international CSOs<br />

difficult and place heavy restrictions on foreign funding of CSOs. There<br />

is an ongoing debate among political stakeholders, including CSOs,<br />

regarding replacing the current law, although the extent to which the new<br />

law would be less restrictive remains unclear. For more information, see<br />

ICNL, Egypt: NGO Law Monitor, www.icnl.org/research/monitor/<strong>egypt</strong>.<br />

html.<br />

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