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Official Gazette – Issue No. 8 bis (a) May 26, 2013
Fourth: article (10) of the draft law stipulates that "HEC shall, in addition to the
powers contained herein, have competence to:
First: ……………….
Fifth: lay down the rules regulating the engagement of International organizations, as
well as Egyptian and international civil society organizations in observing all electoral
processes."
As for the terms stated in such text with relevance to international organizations as
well as Egyptian and international civil society organizations, no clear definition was
set out for such terms. Instead, such terms are so wide and general that they can
include a large group of non-governmental and non-profit organizations which
contribute to public life and express the interests and values of their members,
according to moral, cultural, political, scientific, religious, or charity considerations.
Such entities include, for example, political parties, trade unions, and NGOs. Hence, a
definite and exact criterion must be set in order not to prohibit unauthorized
organizations from attendance. Also, there must be a maximum ceiling for the number
of members representing such organizations in each election committee in order to
avoid large numbers of representatives hindering or disturbing work of such
committees in a way breaching the constitutional guarantees for the right to nominate
and the right to vote. Also, only the organizations authorized by the HEC shall be
allowed to participate in the work of the stated committees.
Fifth: clause 6 of the same article 10 stipulates that "HEC shall undertake setting the
rules governing electoral campaigning, considering the ban of campaigning activities
based on distinction as to religion, gender or origin ".
The preparations of the presented draft law revealed clearly the exclusion of banning
the use of religious slogans in electoral campaigning, since it was mentioned in the
proposed text presented by the government. Based on the above and whereas article
(6) of the constitution sets the state's political system on citizenship which ensures that
all citizens are equal in public rights and duties and respects human rights and
freedoms; for preserving national unity which is emphasized in article (5) of the
constitution and protected by principles 5 and 7 of the constitution preamble. Whereas
the use of the religious or doctrinal slogan leads in itself to division among citizens
with respect to religion or doctrine, since the followers of each religion will use the
slogan that glorifies their religion, which violates the essence of citizenship principle
basically and adds a new reason for spreading and deepening disunity and dissension
among citizens. Whereas the organization of the electoral process shall not be possible
unless it is reasonable, - it’s not reasonable, unless it is neutral in its content -and
whereas the presented text omits banning the use of religious or doctrinal slogans,
symbols or performing religious or doctrinal activities in campaigning, it undermines
the national unity and contradicts the citizenship concept and infringes the right to
election, candidacy and exercise of political rights, and refrains the voter from
determining his/her opinion of candidates and comparing among them with respect to
their electoral platforms. Furthermore, it infringes the principles of equal
opportunities and equality among the candidates themselves. Accordingly, the text
referred thereto violates articles (5), (6), (9), (33) and (55) of the constitution. The
same defect applies to the beginning of article (61) of the presented draft law.