Egypt--2011 FDA Global Electoral Fairness Audit Report
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2011 FDA Electoral Fairness Audit of Egypt's Islamic Republic electoral system (under Hosni Mubarak). ...

2011 FDA Electoral Fairness Audit of Egypt's Islamic Republic electoral system (under Hosni Mubarak).

FDA auditors gave Egypt an overall electoral score of 23.75%. (50% is the minimum passing grade; 100% is the maximum grade.)

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Egypt--2011 FDA Global Electoral Fairness Audit Report Document Transcript

  • 1. 2011 FDA Global Electoral Fairness Audit of Egypt’s Arab Republic Electoral System (Under Hosni Mubarak)Egypts Arab Republic electoral system under Hosni Mubarak received an overall score of 0percent for electoral fairness. The score means that Egypts electoral system under Mubarakis completely unfair. FDA auditors could find no element of fairness in the four sections ofthe audit: political of content of media, candidate and party influence, electoral finance, andvoter say. Through the legislated exclusion of particular Egyptian political parties, severeinfringement of citizen freedoms and political and human rights, state control of mediapolitical content, and lack of public transparency of electoral finances, Egypts electoralsystem under Mubarak is undemocratic. Any elements of fairness such as caps onpresidential candidates electoral expenditures and the equality of political content of statemedia during the election period are canceled out by more significant unfairness such as thestates ban on societies which are inconsistent with state ideology and national order, or thestate imprisonment of journalists who question the financial integrity of governmentofficials, or the state removal of political rights of any citizens who are convicted of makingfalse statements in the news, or the state registration of only political parties which promotenational unity and social peace, and support the Constitution, and thereby do not challengeMubarak and the National Democratic Partys hold on political power. Electoral Fairness Audit Completed October 24, 2011
  • 2. About the Foundation for Democratic Advancement:The Foundation for Democratic Advancement ("FDA")s mission is to advance fair andtransparent democratic processes wherever elections occur. The FDA believes that fairerelectoral systems and a more informed public will help ensure the election of candidates whotruly represent the will of the people. The FDA fulfills its mission by performing detailedelectoral audits on political candidates and parties to inform the public, objectively andimpartially, about their electoral choices. Also, the FDA audits electoral legislation in terms offairness and equity, and conducts ground level assessments of democratic processes. (For moreinformation on the FDA visit: www.democracychange.com)Purpose of Electoral Fairness Audit:The purpose of the FDA’s electoral fairness audit (the “Audit”) is to determine a grade andranking for electoral fairness in Egypt at the presidential and assembly levels of government.This Audit is part of the FDA’s global audit of electoral fairness involving all countries whichhold political elections. The FDAs goal is to give the citizens of Egypt an informed, objectiveperspective of the fairness of the Egyptian Arab Republic electoral system.The views in this electoral fairness audit are the views of the FDA only. The FDA’s members andvolunteers are in no way affiliated with the National Electoral Commission, Presidential ElectionCommittee or any of the Egyptian registered/non-registered political parties. The Audit is anindependent assessment based on objectivity, transparency and non-partisanship. The FDAassumes no responsibility or liability for any errors in the calculation of its audit results orinaccuracies in its research of relevant Egyptian legislation.Methodology of the Electoral Fairness Audit:The FDA uses the methodology of more reasonableness which was created by FDA founder andexecutive director, Stephen Garvey. The methodology focuses on facts themselves for fairnessand unfairness, and their comparative numerical value. To determine the correct numerical valuefor facts, FDA auditors are guided by matrices which show the numerical value of establishedfacts, and FDA scoring scales for fairness and unfairness.The FDA focuses on four key areas of electoral fairness:1) Laws and regulations on the political content of media including newspapers, broadcasters andonline media before, during, and after elections;2) Laws and regulations on the candidates’ and parties’ influence before, during and afterelections, such as national televised debates, restrictions on candidate nominations, partyregistration requirements, etc.;3) Laws and regulations on electoral finance, such as party and campaign donation limits, thirdparty spending limits etc.; and Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt
  • 3. 4) Laws and regulations on voter say before, during, and after an election. The FDA auditorsdetermine the fairness of Egyptian laws and regulations for voter say in the media, at the pollingbooth, through electoral finance and constitutional laws etc.The FDA audits these four areas of electoral fairness because, in our opinion, they are oftenignored or overlooked by the international community in determining electoral fairness.Moreover, these four areas cover broad aspects of the electoral process in which fairness couldbe compromised significantly. The FDA acknowledges that electoral laws and regulations maynot necessarily correspond to the implementation of those laws and regulations or the public’sresponse to them. The implementation and response could be positive or negative, in terms ofelectoral fairness. Nevertheless, laws and regulations provide the foundation for democracy,framework for the electoral system, and an indication of electoral fairness. Also, a countrysconstitutional and electoral laws are part of the reality of its democracy. A further study whichtracks the actions of mainstream media and the enforcement or non-enforcement of electorallaws and regulation, for example, would provide a more reliable overall determination ofelectoral fairness.The FDA researched current Egyptian legislation, in relation to the four areas of electoralfairness being audited. Following which, the FDA audited the research results via the FDAelectoral audit team and established FDA matrices and scoring scales. The scores and the reasonsfor them are recorded.Weighting and Scoring:Overall, the FDA scoring is guided by an inherent valuation of the concepts of soundness andrelevancy. Each area of electoral fairness has a score range between 0 and 10, and each area iscounted equally. The FDA auditors allow for overlap of electoral fairness areas, due to theinterconnectedness of the areas. For example, electoral finance will be factored into the score forvoter say and candidate and party influence if it is relevant to these areas. The total averagedscore will provide an indication of the electoral fairness in Egypt.The FDA electoral audit team deliberated on the research on each area of electoral fairness, andthen attempted to reach consensus on the scores. When no consensus could be reached, theindividual scores of the team were averaged. The final score for each area must be supported bymore sound reasons and correspond to the established FDA matrices and scoring scale. There is aminimum quorum of five auditors and maximum of nine auditors. Any auditors in excess of nineact as observers. During the deliberation on each electoral fairness section, observers are givenan opportunity to share comments and/or questions.FDA Researchers:Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science(University of British Columbia) and Masters degree in Environment and Development(University of Cambridge).Mr. Davood Norooi, FDA researcher, masters degree in Mining Engineer, former employee ofthe National Iranian Oil Company, and Iranian citizen. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt
  • 4. FDA Electoral Fairness Audit Team:Chief Electoral Auditor:Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science(University of British Columbia) and Masters degree in Environment and Development(University of Cambridge).Electoral Auditors:Mr. Juan Baudrand, FDA volunteer, 4th year major in Political Science (University of Calgary)and masters degree in Sociology (University of Concepcion).Mrs. Tina Frimpong, FDA vice-director of finance, researcher, legal assistant, and 3rd yearuniversity student (University of Calgary).Mr. Dale Monette, FDA director of finance and bachelor degree in Commerce (University ofSaskatchewan).Mr. Davood Norooi, FDA researcher, masters degree in Mining Engineer, former employee ofthe National Iranian Oil Company, and Iranian citizen.Mr. Dane Synnott, FDA volunteer and bachelor degree in History (University of Calgary).Ms. Lindsay Tetlock, FDA researcher, bachelor degree in International Relations and mastersdegree in Historical Studies (University of Calgary).Mrs. Liza Valentine, FDA design consultant and researcher, and masters degree in Architecture(University of Calgary).Electoral Observers:Ms. Kelsey Angeley, student in Political Science and History (McGill University) and intern at aUS Consulate in Canada.Ms. Anastassia Poukalenko, FDA researcher and bachelor degree in International Relations(University of Calgary).Mr. Hassan Torfisaeids, bachelor degree in Petroleum Engineering (University of Iran) andextensive professional and international experience in petroleum engineering.Mr. Steve Block, 4th year major in Political Science (University of Calgary)Report Writer:Mr. Stephen Garvey, FDA founder and executive director, bachelor degree in Political Science(University of British Columbia) and Masters degree in Environment and Development(University of Cambridge). Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt
  • 5. © 2011, Foundation for Democratic AdvancementAll rights reserved.Foundation for Democratic Advancement728 Northmount Drive NWPO Box 94Calgary, AlbertaCanada, T2K 1P0info@democracychange.com Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt
  • 6. Table of Contents:Political Background on Egypt 8Chapter 1: Political Content of Media 13Chapter Summary 13Research Excerpts 13Score 15Rational 15Chapter 2 Candidate and Party Influence 18Chapter Summary 18Research Excerpts 18Score 35Rational 35Chapter 3: Electoral Finance 41Chapter Summary 41Research Excerpts 41Score 46Rational 46Chapter 4: Voter Say 49Chapter Summary 49Research Excepts 49Score 56Rational 56Chapter 5: Overall Audit Results 62
  • 7. Chapter 6: Analysis 63Chapter 7: Conclusion 65Chapter 8: Recommendations 66References: 67Appendix: FDA Global Audit Results: 69
  • 8. Political Background on EgyptTHE CONSTITUTION OF THE ARAB REPUBLIC OF EGYPT, 1971(as Amended in 2007) (Proclamation and Articles 1 to 22)Proclamation:We, the people of Egypt, who have been toiling on this great land since the dawn of historyand the beginning of civilization:We, the people working in Egypt’s villages, cities, plants, centers of education, industry andin all field of work which contributes to create life on its soil or which plays a part in thehonor of defending this land;We, the people who believe in our immortal and spiritual heritage, and who are confident inour profound faith, and cherish the honor of man and of humanity; We, the people, who inaddition to shouldering the trust of history, carry the responsibility of great present and futureobjectives whose seeds are embedded in the long and arduous struggle, and which hosted theflags of freedom, socialism and unity along the path of the great march of the Arab nation;We, the Egyptian people, in the name of God and by His assistance, pledge indefinitely andunconditionally to exert every effort to realize:First:Peace for our World: Being determined that peace should be based on justice, and that thepolitical and social progress of all peoples can only be realized through the freedom of thesepeoples and their independent will, and that any civilization is not worthy of its name unless itis free from exploitation whatever its form.Second:Arab Unity: The hope of our Arab Nation, being convinced that Arab Unity is a call ofhistory and of the future, and a demand of destiny; and that it cannot materialize exceptthrough an Arab Nation, capable of warding off any threat, whatever the source or the pretextsfor such a threat.Third:National Development: Being convinced that the true challenge confronting nations is therealization of progress and that such progress does not occur automatically, or throughslogans; but that the driving force behind it is the release of the potentials of creativity andinspiration in our people, who have asserted at all times their contribution to civilization andto humanity through work alone.Our people have passed through successive experiences, meantime offering rich experienceson the national and international level and being guided by them, which ultimately took shapein the July 23 Revolution of 1952. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 8
  • 9. This Revolution was brought about by the alliance of the working forces of our perseverantpeople who were able, through profound and refined consciousness, to retain their originalcharacter, but at the same time move forward in a bid to realize full integration betweenscience and faith, between political and social freedom, between national independence andsocial affiliation; and to participate in the worldwide struggle for the liberation of man, on thepolitical, economic, cultural and ideological levels, and in the struggle against the forces ofregression, domination and exploitation.Fourth:Freedom and Humanity of Egyptians: Realizing that man’s humanity and dignity are thelights which guide and direct the course of the great development of mankind for therealization of its supreme ideal.Man’s dignity is a natural reflection of the nation’s dignity, now that the individual is thecornerstone in the edifice of the homeland, the land that derives its strength and prestige fromthe value of man and his education.The sovereignty of law is not only a guarantee for the freedom of the individual alone, but isalso at the same time the sole basis for the legality of authority.The alliance of the active popular powers is not a means for social strife leading towardshistorical development.In this modern age, it is a safety valve, protecting the unity of working powers in the countryand eliminating, through democracy, any contradictions.We, the people of Egypt, out of determination, confidence and faith in all national andinternational responsibilities, and in acknowledgment of God’s right and His HeavenlyMessages, and in the right of the country and nation, as well as of the principle andresponsibility of mankind, and in the name of the Almighty and His assistance, declare on the11th of September, 1971 that we accept and grant to ourselves this Constitution, affirming ourdetermination to defend and protect it, and asserting our respect for it in letter and spirit.Constitution of the Arab Republic of EgyptPART ITHE STATEArticle 1[1]The Arab Republic of Egypt is a democratic state based on citizenship.The Egyptian people are part of the Arab Nation and work for the realization of itscomprehensive unity.Article 2Islam is the religion of the State and Arabic its official language.Islamic law (Sharia) is the principal source of legislation. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 9
  • 10. Article 3Sovereignty is for the people alone; they are the source of authority.The people shall exercise and protect this sovereignty, and safeguard national unity in themanner specified in the Constitution.Article 4[2]The national economy is based on the development of economic activity, social justice, theguarantee of the different forms of property and the preservation of workers’ rights.Article 5[3]The political system of the Arab Republic of Egypt is a multiparty one, within the frameworkof the basic elements and principles of the Egyptian society as stipulated in the Constitution.Political parties are regulated by the lawThe citizens have the right to establish political parties according to the law. It is prohibited,however, to exercise any political activity or to found any political party based on religiousconsiderations or on discrimination on grounds of gender or race.Article 6The Egyptian nationality is defined by the law.PART IIBASIC FOUNDATIONS OF SOCIETYCHAPTER ISocial and Moral FoundationsArticle 7Social solidarity is the basis of the society.Article 8The State shall guarantee equality of opportunity to all citizens.Article 9The family is the basis of the society founded on religion, morality and patriotism.The State strives to preserve the genuine character of the Egyptian family—with the valuesand traditions it embodies—while affirming and developing its character in relations withinthe Egyptian society.Article 10The State shall guarantee the protection of motherhood and childhood, take care of childrenand youth and provide suitable conditions for the development of their talents.Article 11The State shall guarantee the proper coordination between the duties of woman towards thefamily and her work in the society, considering her equal status with man in the fields ofpolitical, social, cultural and economic life without violation of the rules of Islamic Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 10
  • 11. jurisprudence.Article 12[4]The society shall be committed to safeguarding and protecting morals, promoting the genuineEgyptian traditions and abiding by the high standards of religious education, moral andnational values, historical heritage of the people, scientific facts, socialist conduct and publicmorality within the limits of the law.The State is committed to abiding by these principles and promoting them.Article 13Work is right, a duty and an honor ensured by the State.Workers who excel in their field of work shall receive the appreciation of the State and thesociety.No work shall be imposed on the citizens, except by virtue of the law, for the performance ofa public service and in return for a fair remuneration.Article 14All citizens have the right to public offices, which are assigned to those in trust in the serviceof the people.The State guarantees the protection of public officers in the performance of their duties insafeguarding the interests of the people.They may not be dismissed on other than disciplinary grounds except in the cases specified bythe law.Article 15The war veterans, those injured in war or because of it, and the wives and children of thosekilled shall have priority in work opportunities according to the law.Article 16The State shall guarantee cultural, social and health services, and work to ensure them for thevillages in particular in an easy and regular manner in order to raise their standard.Article 17The State shall guarantee social and health insurance services. All citizens have the right topensions in cases of incapacity, unemployment and old-age, in accordance with the law.Article 18Education is a right guaranteed by the State.It is compulsory at the primary stage, and the State shall strive to make it compulsory at theother stages.The State shall supervise all branches of education and guarantee the independence of Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 11
  • 12. universities and scientific research institutions, with a view to linking all of them to therequirements of society and production.Article 19Religious education shall be a principal subject in the courses of general education.Article 20Education in the State educational institutions shall be free of charge at the various stages.Article 21Combating illiteracy shall be a national duty for which all the people’s energies shall bemobilized.Article 22The institution of civil titles shall be prohibited.1. Laws and regulations that pertain to the political content of the media and broadcasters before,during, and after an election Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 12
  • 13. Chapter One: Political Content of MediaChapter one will focus on the research and audit results of Egyptian laws and regulations withrespect to the political content of media, including newspapers, broadcasters and on-line media,before, during and after elections.Chapter Summary: Egypt received a score of 0 percent for the political content of the media.The score means that the legislative basis for the medias political content is completely unfair.FDA auditors could find no overall elements of fairness. The only element of fairness is the staterequirement that state media during the election period have an equality of political content.However, this equality is canceled out by the requirement that political content conform to stateideology as defined by the Egyptian Constitution and the state ban on political parties which areinconsistent with national unity and social peace, and are religious based. Also, journalists faceimprisonment if they question the financial integrity of government officials, and citizens losetheir political rights if they are found to have made false statements in the news. The politicalcontent of private media must conform to national order, social peace and the Constitution.Overall, this conformance is unfair to any media network and journalists who oppose the stateand its ideology.Document Excerpts:The following excerpts were identified by the FDA researchers as relevant. The FDA researchersmade some excerpts bold to emphasize high relevance:Egypt Media Law:A prohibition on content that damages “social peace, national order, public unity, or publicvalues” or discredits national leaders and religious icons”Enforcement: imprisonment 1 month to 3 years; fines ranging from 10,000 to 50000 Egyptianpounds (approx. $1800 to $9000)Law 73 of 1956 On the Exercising of Political RightsArticle 42 : Without prejudice to any more tough punishment, an imprisonment of no more thanone year or a fine from LE 200 to LE 500 shall be imposed on he/she who publishes ordisseminates false statements or news on the subject of a referendum or the conduct of acandidate with the aim of influencing the result of the referendum or the election.In case such statements or news are made in such a time that does not allow voters to verifythem, the fine will be doubled.Law 73 for 1956 on Exercising of Political Rights, Amended July 2000Article 48: A penalty of imprisonment for a period of no less than 6 months togetherwith a fine of no less than L.E 1000 and no more than L.E 5000, shall be imposed on the Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 13
  • 14. following."1- Any person who uses force or threat to prevent someone from casting his vote in theelection or referendum or to force him to cast one in a certain way;2- Any person who gives, offers or pledges to give someone a benefit, for himself or forsomeone else, in order to force him to abstain from casting his vote or to do so in acertain way; and3- Any person who accepted or demanded a benefit of that kind, for himself or for others;4- Any person who knowingly publishes or circulates false allegations or news about thesubject of election or referendum or about behavior or manners of any of the candidateswith the intention of affecting the result of election or referendum.In the event such statements or news are circulated at a time the voters are not in aposition to recognize the truth of the matter, the penalty shall be doubled.Arab Satellite Broadcasting Charter:Article (5)The satellite broadcast transmission or rebroadcast transmission entities and serviceproviders shall adopt the following rules and regulations in terms of the broadcast contentthat is transmitted:1. It shall abide by freedom of expression as the cornerstone of Arab media,provided that such freedoms are practiced with full responsibility, for theprotection of the supreme interests of Arab countries and the Arab world. Theentities shall respect the rights of others and the commitment to mediaprofessionalism and ethics.2. It shall adopt the principle of national sovereignty for each of the Arab states overits territory, to provide each Arab country member in the League of Arab Stateswith the right to introduce other related detailed laws and regulations upon itsown discretion.3. It shall adopt the principle of the jurisdiction of the state of origin -- withoutviolating the right of any person or entity to resort to the complaint and disputeresolution bodies organized by this document – with due respect to this principlethat serves as a legal guarantee or safeguard for the satellite broadcasttransmission or rebroadcast transmission entities and service providers of all kindsand their operators, in addition to the fact that this principle ensures an arbitrationbody for the future of this service.4. It shall adopt the principle of the freedom of receiving satellite broadcasttransmission and satellite rebroadcast transmission, in other words, the Arabcitizen shall have the right throughout the Arab territories of any member states ofthe League of Arab States to receive any kind of satellite television transmissioncoming out of the territories of the League of Arab States members withoutimposing unjustified restrictions on satellite broadcast retransmission andTelevision materials.5. It shall ensure the Arab citizen’s right to view the major national, regional andinternational events including national figures or teams through a free to air orencrypted signals regardless of the ownership of these sports events rights,whether inclusive or exclusive. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 14
  • 15. Article (6)The satellite broadcast transmission or rebroadcast transmission entities and serviceproviders shall adopt the following rules and regulations in terms of the broadcast contentthat is transmitted:1. To respect human dignity and the rights of others in all the forms and the contentof satellite television programmes and the services provided.2. To respect individual privacy and to abstain from any violations in any way.3. To avoid inciting hatred based on ethnic, colour, racial or religious discrimination.4. To prohibit the satellite broadcasting transmissions material that would inciteviolence and terrorism and to differentiate between them and the resistance ofoccupation.5. To refrain from describing crimes of all forms and kinds as an alluring act orportraying the perpetrators as heroes or justifying its motives.6. To consider the professional ethical codes in conducting dialogues and to respectthe right to respond for concerned parties.7. To consider the rights of people with disabilities in receiving the media andinformation services that are suitable to them in order to promote their inclusionin their societies.8. To protect children and youngsters from all that would abuse their physical,mental and ethical growth or would incite corruption of their manners or indicateand encourage wrongdoings and negative behaviour.9. To comply with the religious and ethical values of Arab society and maintain itsfamily ties and social integrity.10. To refrain from insulting God, revealed religions, prophets, mazhabs (religioussects), and religious symbols.11. To prevent from satellite broadcasting transmission and satellite broadcastprogramming any materials that would include obscene scenes or dialogue orpornography.12. To eliminate from satellite broadcasting transmission or satellite retransmissionany material that would promote smoking and/or alcohol drinking, but ratherhighlight their dangers.Electoral Fairness Audit Results for the Political Content of Media:Score:The FDA electoral fairness audit team reached consensus on a score of 0 percent.Rational for Score:The state disallows political content which damages social peace, national order, public unity,and public values. (Source: Egypt Media Law)The state disallows political content which discredits national leaders and uses religious icons.(Source: Egypt Media Law) Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 15
  • 16. Egypt does not have media ownership concentration laws. (Source: FDA researchers could findno Egyptian laws or regulations which restrict ownership concentration of media, broadcasters orthe press.)State media is guided by equality of content within the state ideological framework. (Source:Law No. 174 for the year 2005 On Regulating the Presidential Elections, Article 22; EgyptMedia Law)Private media must conform to state ideology in the form of national order, public unity, publicvalues, and social values. (Source: Egypt Media Law)The state imposes imprisonment of 1 month to 3 years and fines ranging from 10,000 to 50,000Egyptians (1800 to 9000 USD) for violating media content laws. (Source: Egypt Media Law)Journalists who question the financial integrity of government and state officials face finesbetween 10,000 and 50,000 Egyptians (1800 to 9000 USD). (Source: Egypt Media Law)Journalists face imprisonment up to 3 years for violating public morality and damaging nationalinterests. (Source: Egypt Media Law)The state imposes a maximum prison sentence of six months for anyone caught publishing ordisseminating false statements or news about the conduct a political candidate. (Source: Law 73of 1956 On the Exercising of Political Rights, Amended July 2000, Article 42)The state requires state media to maintain an equality election propaganda by candidates.(Source: Law No. 174 for the year 2005 On Regulating the Presidential Elections, Article 22)Since 1981 through Emergency Law and Anti-Terror Laws 97 of 2002, the state can “limit basicfreedoms and arbitrarily and systematically” curb human rights to protect national security.(Source: Emergency Law of 1958; Anti-Terror Law 97 of 2002; Hamdy, A. Hassan, “CivilSociety in Egypt under the Mubarak Regime”, Afro Asian Journal of Social Sciences Volume 2,No. 2.2 Quarter II 2011)Through the Emergency Law of 1958, the President or his deputy can censor, confiscate, andclose newspapers on ground of public safety and national security. (Source: Emergency Law of1958, Article 3; United Nations Human Rights Council 7th Session of the Working Group on theUniversal Periodic Review (8 - 19 February 2010), ICJ Submission to the Universal PeriodicReview of Egypt, August 2009 )Through the Emergency Law of 1958, the President has the power to establish State SecurityCourts, appoints its judges including military judges, and try cilivians accused of ordinary crimesin it. (Source: Emergency Law of 1958, Article 7; United Nations Human Rights Council 7thSession of the Working Group on the Universal Periodic Review (8 - 19 February 2010), ICJSubmission to the Universal Periodic Review of Egypt, August 2009)The state bans foreign newspapers from being sold in Egypt. (Source: Law No. 20 of 1936) Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 16
  • 17. The Ministry of Interior has the legal power to prohibit foreign newspapers from entering Egypton ground of threat to national security. (Source: Law No. 20 of 1936, Article 20)The Arab Satellite Broadcasting Charter protects the supreme interests of Arab countries, andlimits freedom of expression by disallowing evasion of individual privacy, and give states theright legislate their own broadcast laws. (Source: Arab Satellite Broadcast Charter, Articles 5-6)The score of 0 percent means that the legislative basis for the medias political content iscompletely unfair. FDA auditors could find no overall element of fairness. Although the staterequires the public media to have an equality of political content during the election period, thiselement of fairness is canceled out by the state requirement that media organizations andjournalists, both public and private, conform to the state and its ideology. Also, the state imposessevere restrictions on the registration of political parties, whereby political parties which do notaccept national unity and social peace, or question the Constitution, or are religious based arebanned. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 17
  • 18. Chapter Two: Candidates’ and Parties’ InfluenceChapter two will focus on the research and audit results of Egyptian laws and regulations withrespect to the fairness of candidates and parties’ influence before, during and after elections.Chapter Summary: Egypt received a score of 0 percent for candidate and party influence. Thescore means that the legislative basis for candidate and party influence is completely unfair. FDAauditors could find no overall element of fairness. Political parties which are against the nationalorder and social peace as defined by the state, question the Constitution, or are religious basedare banned; the state monitors electoral finances while not making them available to the public;through the Emergency Law, the state revokes political rights without charge or trial; the statecontrols the political content of media by requiring that it conforms to the Constitution and stateideology; the presidential nominees are determined by the one third of the Peoples Assemblyinstead of directly by the people or by political parties; the state disallows journalists fromcriticizing the financial integrity of government officials; citizens are denied political rights formaking false statements in the news. The Egyptian electoral system favors completely candidatesand parties which are aligned with the state. The lone area of contention for FDA auditors is thestate ban on religious based political parties. After significant deliberation, FDA auditorsdetermined that the state ban on religious based parties is unfair, because ultimately the peopleshould determine who represents them, whether it be a religious based party or a secular party,and that secular parties are susceptible alienating portions of the population no different thanreligious based parties, and the Constitution and human and political rights laws protect against atyranny of the majority. (For further discussion of this issue, please see:http://foundationfordemocraticadvancement.blogspot.com/2011/10/religion-and-democracy-in-egypt.html )Document Excerpts:The following excerpts were identified by the FDA researchers as relevant. The FDA researchersmade some excerpts bold to emphasize high relevance:Law 73 for 1956 on Exercising of Political Rights July 2000:Article 48: A penalty of imprisonment for a period of no less than 6 months togetherwith a fine of no less than L.E 1000 and no more than L.E 5000, shall be imposed on thefollowing."1- Any person who uses force or threat to prevent someone from casting his vote in theelection or referendum or to force him to cast one in a certain way;2- Any person who gives, offers or pledges to give someone a benefit, for himself or forsomeone else, in order to force him to abstain from casting his vote or to do so in acertain way; and3- Any person who accepted or demanded a benefit of that kind, for himself or for others;4- Any person who knowingly publishes or circulates false allegations or news about thesubject of election or referendum or about behavior or manners of any of the candidateswith the intention of affecting the result of election or referendum. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 18
  • 19. In the event such statements or news are circulated at a time the voters are not in aposition to recognize the truth of the matter, the penalty shall be doubled.Egyptian Constitution:Article 5The political system of the Arab Republic of Egypt is a multiparty one, within the framework ofthe basic elements and principles of the Egyptian society as stipulated in the Constitution(Political parties are regulated by law).Article 47Freedom of opinion is guaranteed.Every individual has the right to express his opinion and to publicise it verbally or in writing orby photography or by other means within the limits of the law. Self-criticism and constructivecriticism is the guarantee for the safety of the national structure.Article 48Freedom of the press, printing, publication and mass media shall be guaranteed.Censorship on newspapers is forbidden as well as notifying, suspending or cancelling them byadministrative methods.Article 54Citizens shall have the right to peaceable and unarmed private assembly, without the need forprior notice.Security men should not attend these private meetings.Public meetings, processions and gatherings are allowed within the limits of the law.Article 55Citizens shall have the right to form societies as defined in the law.The establishment of societies whose activities are hostile to the social system, clandestine orhave a military character is prohibited. (Egypt Constitution 1971)Citizens shall have the right to form associations as defined by the law.The establishment of associations whose activities are detrimental to society or have aclandestine or military character is prohibited. (Egypt Constitution Amended 2007)Article 62Citizens shall have the right to vote, nominate and express their opinions in referendumsaccording to the provisions of the law.Their participation in public life is a national duty.Article 64Sovereignty of the law shall be the basis of rule in the state. (Egyptian Constitution, 1971)The rule of law shall be the basis of the exercise of public power in the State. (EgyptianConstitution Amended 2007) Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 19
  • 20. Article 75The person to be elected President of the Republic must be an Egyptian born to Egyptianparents and enjoy civil and political rights.His age must not be less than 40 Gregorian years. (Egyptian Constitution Amended 2007)Article 76[14], [15]The President shall be elected by direct, public, secret ballot. In order to be accepted as acandidate to the presidency, a person must be supported by at least 250 elected members ofthe People’s Assembly, the Shura Council and the elected regional assemblies who mustinclude at least 65 members of the People’s Assembly, 25 of the Shura Council and ten ofmembers of the regional assemblies in at least 14 regions.The number of members of the People’s Assembly, the Shura Council and local popularcouncils at provincial level shall be raised in proportion to increases in number of any of thesecouncils. In all cases, support may not be given to more than one candidate.Procedures related to the nomination process shall be regulated by the law. Political partieswhich have been established at least five years before the announcement of the candidacy andhave been operating without interruption during this period, and whose members haveobtained at least 3% of the elected seats in both the People’s Assembly and the Shura Councilor the equivalent of the combined total of these numbers in one of the two assemblies maynominate for President a member of their leadership council in accordance with their ownbylaws, provided the candidate has been a member of the council for at least twelve consecutivemonths.As an exception to the provisions of the aforementioned paragraph, the afore-mentionedpolitical parties whose members obtained at least one seat in either the People’s Assembly orthe Shura Council in the last election may nominate in any presidential elections to be heldwithin ten years of May 1, 2007 a member of their leadership council in accordance with theirby-laws, provided he has been a member of the council for at least twelve consecutivemonths.Candidacies shall be submitted to an independent committee named Presidential ElectionsCommittee. The Committee shall be composed of the head of the Supreme ConstitutionalCourt as a chairman and the head of the Cairo Court of Appeal, the most senior deputy of thehead of the Supreme Constitutional Court, the most senior deputy of the head of the Court ofCassation, the most senior deputy of the State Council and five public figures, recognized fortheir impartiality. Three of the aforementioned public figures shall be selected by the People’sAssembly and the other two by the Shura Council upon a recommendation of the bureaus ofboth houses for a period of five years.The law shall determine who will act on behalf of the chairman or any member of theCommittee, should they be unable to perform their functions for some reason.This Committee shall have the following exclusive competences:1. To declare the opening of the candidate selection process and supervise procedures for Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 20
  • 21. fixing the final list of candidates;2. To generally supervise balloting and vote-counting procedures;3. To announce elections results;4. To decide on all appeals, challenges and all matters related to its competences, includingconflicts of jurisdiction;5. To draw up by-laws regulating its modus operandi and the procedures for the discharge ofits functions.The Committee’s resolutions shall be adopted with a majority of at least seven members. Itsresolutions shall be final, self-executing and incontestable by any means or before anyauthority whatsoever. Its resolutions may not be challenged by way of interpretation or bygranting a stay of execution. The law regulating presidential elections shall determine othercompetences of the Committee.The law shall also determine the rules governing the nomination of a candidate who is toreplace another candidate who has abandoned his candidacy for some other reason than hisassignment to public functions in the period from the opening of the candidate selectionprocess until the end of the presidential vote. (Egyptian Constitution Amended 2007)Law No. 40 of the year 1977 Concerning the Political Parties System and its Amendments:Article (3)Political parties founded according to the provisions of the present law shall contribute toachieving the political, social, and economic progress of the country on the basis ofnational unity, the alliance of the people’s working forces, social peace, democraticsocialism, and maintenance of the workers’ and farmers’ gains, in the manner defined inthe Constitution.These parties, being considered as national, public, and democratic organizations, shall work onrallying the citizens and representing them politically.Second:The principles, purposes, programs, policies, or methods of the party in exercising itsactivities shall not contradict the Constitution or exigencies of preserving national unity,social peace, and the democratic system.Fourth:The party, in its principles, programs, the exercise of its activity, or the election of itsleaderships or members, shall not be founded on a religious, class, sectarian, categorical,or geographical basis, or on the exploitation of religious feelings, or discriminationbecause of race, origin, or creed. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 21
  • 22. Article (18)15The state shall provide annual financial support to the political parties, the appropriationsof which shall be included in the budget of the Shura Council. The Political PartiesAffairs Committee shall assume its distribution as follows:1. One hundred thousand pounds annually to each party for a period of ten years.For entitlement to this support after that period, the party shall conditionally haveat least one seat won by one of its candidates in the People’s Assembly or theShura Council elections.2. Five thousand pounds for each seat won by the party candidate in the People’sAssembly or the Shura Council elections, with a maximum of five hundredthousand pounds for each party.PenaltiesThe penalty shall be lifetime or temporary penal servitude if the illegal party organizationis hostile to the system of the society, or if it is of military or paramilitary nature, or istaking the form of violent training aimed at preparation for fighting, or if the crime iscommitted on the basis of communicating with a foreign country.The penalty shall be lifetime penal servitude if the crime is committed on the basis ofcommunicating with an enemy country.In all cases, the court in passing a conviction sentence shall rule dissolving the saidorganizations, closing their locations, and confiscating their funds, possessions, tools, andrelated papers or those prepared for use by them.Article (23)20Whoever joins an illegal party organization even if this party is under any religious veil,or in the form of association, body, organization, or a group whatever the name ordescription dubbed to it, shall be confined to jail.The penalty shall be imprisonment if the organization mentioned in the provisions clauseis hostile to the system of the society, or if it is of a military or paramilitary nature, or istaking the form of violent training aimed at preparation for fighting, or was establishedthrough communication with a foreign county and the delinquent was aware of it.Article (28)In exception of the provisions of Article (7), it is stipulated for the foundation of anypolitical party effective from the date of enforcing this law until beginning the lastsession of the present law until beginning the last session of the present legislative termof the People’s Assembly, that at least twenty members of the said Assembly shall beamong the founders of the party.Articles (2, 3 and 9) of law No. 34 of the year 1972 concerning the protection of nationalunity, and Article (2) of decree-law No. 2 of the year 1977 on protection of the nation’sand citizen’s freedom shall be superseded.22 Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 22
  • 23. Law No. 174 for the year 2005 On Regulating the Presidential Elections:Article (2):For an applicant to be accepted as a candidate to presidency, he shall be supported by at least 250elected members of the Peoples Assembly, the Shura Council and local popular councils ongovernorate level, provided that those shall include at least 65 members of the PeoplesAssembly, 25 of the Shura Council and ten of every local council in at least 14 governorates.The number of members of the Peoples Assembly, the Shura Council and local popular councilson governorate level supporting candidature shall be raised in pro-rata to any increase in thenumber of any of these councils.In all cases, support may not be given to more than one candidate.Article (3):Political parties, founded at least five years before the starting date of candidature and have beenoperating uninterruptedly for this period, and whose members have obtained at least 5% of theelected members of both the Peoples Assembly and the Shura Council, may nominate forpresidency a member of their respective upper board, according to their own by-laws, providedhe has been a member of such board for at least one consecutive year.Article (20):The election campaign shall run from the beginning of the three weeks prior to the date set forballoting, up to two days before this date. In case of re-election, it shall start as of the dayfollowing announcing the poll results up to 12 noon of the day preceding the date set forballoting in the reelection.Electioneering through any media whatsoever shall be banned in any other dates. Electioneeringshall include activities by the candidate and his supporters, targeting the persuasion of voters inhis favor through limited and public meetings, dialogues, by publishing and distributing electionpropaganda materials, signs and posters as well as by using audio-visual, printed and electronicmedia, and thorough such activities as are allowed by the law or the PEC decisions.Article (21):In the election propaganda, compliance shall be observed with the provisions of the Constitution,the law, the PEC resolutions as well as the following rules:1. refraining from exposing the sanctity of the private life of any candidate; 2. commitment tomaintain national unity and abstention from using religious slogans;3. refraining from using or threatening to use violence;4. prohibition of offering gifts, donations, assistance in cash or in kind or any other benefits orpromising to offer them, directly or indirectly;5. prohibition of using State-owned, public- sector or public-business- sector owned buildings,facilities and means of transportation in the election propaganda in any form;6. prohibition of using public utilities, place of worship, schools, universities and others public orprivate educational institutions for the election propaganda purposes Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 23
  • 24. Article (22):State-owned audio-visual media shall maintain equality between candidates when used forelection propaganda purposes. The PEC shall have the competence to take such measures as itdeems necessary in case of violating the provisions of this article.Article (23):Opinion polls on presidential elections, broadcast or published by media, shall contain fullinformation on the entities conducting financing and the opinion polls, the questions containedtherein, sample size and place, questionnaire technique, data collection method, date ofconducting and potential error ratio for results. It is prohibited to broadcast to publish such publicopinion polls to publish within the seven days prior to the date of balloting and up to itscompletion.Article (24):Maximum expenditure by each candidate on the election campaign shall be LE 10 million, andLE 2 million in case of re-election.Article (25):Each presidential candidate shall obtain a financial aid from the state equivalent to 5 % of theminimum funds allowed to be expended in the election campaign, as well as a financial aidequivalent to 2 % of this sum in case of re-election.Article (26):Each candidate may receive contribution in cash or in-kind from Egyptian natural persons orfrom the party nominating him, provided that contributions from any natural person shall notexceed 2 % of the maximum expenditure allowed on the election campaign.The candidate shall open an account in local currency at one of the banks designated by the PEC,wherein he shall deposit all contributions in cash received thereby as well as the financialassistance obtained from the state and any allocations of his own money.The candidate shall keep the PEC posted on all amounts deposited in his account as well assources and aspects of expenditures, on such dates and through such procedures as are set by thePEC. No expenditures on the election campaign shall be made beyond this account. The PECshall allocate the remaining balance on that account to contributions on a pro-rate basis, inaccordance with such procedures as may be specified by the PEC.Parties shall be under obligation to notify the Political Parties Affairs Committee of thecontributions exceeding LE 1,000 each received thereby within the three months prior to the dateset for balloting, which notice shall be given within the five days following receipt of thecontribution.Article (27):It is prohibited to receive any contribution or support in cash or in kind for the election campaignfrom any Egyptian or foreign juridicial person, or from any foreign state, agency or internationalorganization or any corporation where any foreign person holds an equity stake or from any Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 24
  • 25. foreign natural person.The candidate shall submit to the PEC, within 15 days from announcing the election result, astatement showing total revenue obtained thereby, as well as their source and nature and amountand aspects of expenditure on the election campaign.After hearing statements by the candidate and investigating his defense orally or in writing, andthe PEC having approved the above-said statement, the candidate shall undertake to reimburse tothe State treasury such financial aid he had previously obtained.Each candidate may authorize some one else to undertake on his own behalf such acts andprocedures as may he required for the enforcement of the provisions of this, including allfinancial matter, per a notarized power of attorney authenticated by a Notary-Public office,furnishing an official copy of the power of attorney to the PEC.Article (44):"Any person who uses force or violence against the head or any member of presidential electioncommittee, with the intention of preventing him from performing his assigned duty or forcinghim to do so in a special way, even though he has failed to realize his intention, shall bepenalized with no more than 5-year imprisonment".Should the offender realize his intention, imprisonment would be the penalty, and it shall beaggravated imprisonment should the offender inflict beating on cuts leading to a lastingdeformity, and it shall be life imprisonment should the beating on the cuts led to death."Article (45):"Any person who threatens the head or any members of a presidential election committee, withthe intention of preventing him from performing his assigned duty shall penalized withimprisonment for a period not exceeding two years."Article (46):"Any person who insults, by gesticulation or in words, the head or any member of a presidentialelection committee during or due to the performance of his duty shall be penalized withimprisonment for a period not exceeding two years or with a fine of no less than L.E 2000 and nomore than L.E 5000".Article (48):"A penalty of imprisonment for a period of no less than one year together with a fine of no lessthan L.E 5,000 and no more than L.E 20,000, or either shall be imposed on the following."1-Any person who spends on election propaganda amounts other than those deposited on hisbank account referred to in Article (26) hereof or spends the funds deposited on this account onother purposes than election propaganda.2- Any person whose expenditure exceeds the maximum amount allowed for electionpropaganda. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 25
  • 26. Article (54):A penalty of of no less than one year- imprisonment together with a fine of no less than L.E10,000 and no more than L.E 100,000, or either shall be imposed on any person who violates theprovisions governing election propaganda as stipulated in Article 21 hereof.Article (55):A penalty of imprisonment for a period of no less than two and nor more than five years or eithershall be imposed on any person who violates the provisions governing election propaganda asstipulated in Article 27 hereof" . Additionally, the funds received shall be confiscated.Law 73 of 1956 on the exercising of political rights:In the name of the NationThe Ministerial CouncilHaving reviewed the constitutional declaration issued on the 10th of February 1953;And seeing the decision issued on the 17th of November 1954 giving the Ministerial Council thepower of the President of the Republic;And having reviewed decree no. 48 of 1935 on elections, and the laws amending it;And based on what has been believed by the State Council;And what has been presented by the Minister of the Interior;Has issued the following law:Chapter Oneon Political Rights, and their exercise__________Article 1 : Any Egyptian, male or female, on attaining the age of eighteen solar years, mayexercise, independently, the following political rights:First: Making opinion on the following:1- The referendum for selecting the President of the Republic2- All other referendums stated by the constitutionSecond: Electing the members of the following:1. The People’s Assembly2. The Shura (Consultative) Council3. Local Popular CouncilsOfficers and personnel of the main, subordinate, or additional forces of the army, as well aspolice officers and personnel shall be exempted from this duty throughout their service at thearmy or police.Exercising the aforesaid rights shall be within the ways and conditions laid down in this law. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 26
  • 27. Article 2: The following subjects may not exercise political rights:(1) Those convicted in relation to a criminal act, unless they have been rehabilitated.(2) Those whose properties have been put under sequestration by a decision of the Court ofEthics, as long as the sequestration is imposed. In case a ruling has been handed downconfiscating the property, depriving of exercising political rights shall be for a period of fiveyears.(3) ………………..(4) Those sentenced to imprisonment in relation to a theft, hiding stolen objects, fraudulence, badchecks, breach of trust, betrayal, bribery, bankruptcy by fraud, forging or using forgeddocuments, making false testament, seducing witness, rape, corrupting the youth, violating thepublic ethics, being a vagabond; or has been involved in a crime committed to evade the militaryand national service; also those sentenced for attempting one of the aforesaid crimes. This isunless the execution of the sentence has been stayed, or the convict has been rehabilitated.(5) Those sentenced to imprisonment in relation to one of the crimes stated in articles 40, 41, 42,44, 45, 46, 47, 48, 49 of this law. This is unless the execution of the sentence has been stayed, orthe convict has been rehabilitated.(6) Those who were dismissed from civil service for the state or the public sector for disgracefulreasons, until the elapse of five years after the dismissal date. This is unless the person hasreceived a final ruling revoking the dismissal order or ordering compensation.(7) …………….Article 3: Exercising political rights shall be suspended for the following persons:(1) Those placed under interdiction, throughout the period they are so.(2) Those with mental diseases who are detained, throughout the period of their detention.(3) Those declared bankrupt, for five years as of the date they have been so declared, unless theyhave been earlier rehabilitated.Chapter Twoon Electoral ListsArticle 4 : Anyone, male or female, who has the right to exercise political rights must beregistered in Electoral lists. Nevertheless, those who attained the Egyptian nationality bynaturalization shall not be registered before five years after their naturalization date.Article 5 : Electoral lists shall be created to register those who meet the conditions set forelectors, where there is no reason that would prevent them from exercising their political rights,from the 1st of November of each year to the 31st of January the following year. Such lists shallbe posted from the first day to the last day of February, in the manner and places laid down in theexecutive regulations of this law.Article 6: The regulation shall state the areas which will have a special electoral list each. Itshall also mention how electoral lists will be prepared, their content, revision, amendment,posting, the areas where the lists will be kept, the formation of the committees which will becharged with registration, and other details mentioned in this law.Article 7 : The Public Prosecution shall inform the Ministry of the Interior of the final rulings Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 27
  • 28. against citizens, which would result in depriving or suspending their exercising of politicalrights.In case of the dismissal of workers in the state or the public sector for disgraceful reasons, thedepartment for which they work shall inform the Ministry of the Interior.In all cases, informing the Ministry must take place within fifteen days as of the date the rulingor the decision becomes final.Article 8 : The registration committee has the right to request that the person who has registeredhis/her name, or is willing to register his/her name, present his/her ID, and prove his/her age andnationality.Article 9: Voters may not register in more than one electoral list.Article 10: Once voters have been invited to the election or the referendum, no changes shall bemade to the electoral lists. However, the dates stated in article five and following articles shallstart fully anew as of the following day of announcing the results of the elections or thereferendum by the Minister of the Interior.Article 11: Voting domicile is usually the place of residence of the voter. However, voters havethe right to register at the domicile of their main work, or where they have serious interest, or atthe domicile of their family even if they do not live there.The executive regulations shall explain how the selection of the voting domicile is made, and itsdates.In case of changing voting domicile, voters shall announce this change in the manner stated inthe previous paragraph.Article 12: Voting domicile for Egyptians living abroad who are registered in Egyptianconsulates shall be the last domicile they lived at in Egypt before their travel. Voting domicile ofEgyptians who work on board of Egyptian ships shall be the harbor where the ship they work onis registered.Article 13: …………………..Article 14: Electoral lists must be posted.The executive regulations shall explain how such electoral lists will be posted.Article 15 : Citizens who missed registering their names with no legal reason, those whose databore a mistake on registration, those who become qualified voters, and those who were preventedto vote and the reasons preventing them have become invalid, shall request registering theirnames or correcting their data.Every registered voter has the right to request registering a name or deleting a name which wasunlawfully overlooked or registered, and to request correcting registered data. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 28
  • 29. Such requests shall be made until the 15th of March of every year. Requests shall be presentedin writing to the Security Director of the Governorate. The request shall be registered inaccordance to the date on which they were received. Receipts will be given to the applicants.Article 16 : A committee chaired by the head of the court of First Instance at the Governorate,and made of Security Director of the Governorate, and a Chief Prosecutor to be selected by thePublic Prosecutor, shall decide on the requests mentioned in the previous article, within oneweek of lodging the requests. The committee shall send its decisions to those concerned withinthree days as of their issuance.Article 17 : Those whose requests have been rejected, or whose names have been crossed outhave the right to challenge, with no charges, the decision of the committee mentioned in theprevious article. The challenge will be made before the competent administrative court. Theadministrative department of the court will register these challenges in a special record accordingto the order of receiving them. It will inform the applicant, the head of the RegistrationCommittee, the chair of the committee mentioned in the previous article, and those concerned,by registered mail, of the date of the session scheduled to hear the challenge. This notificationmust be at least five days before the date of the session.Article 18: Any registered voter has the right to become a party in front of a court in relation toany dispute regarding the registration or omission of any name.Article 19 : The administrative court shall speedily decide on the challenges. The rulings madein this regard may not be challenged by any means.The court may order a fine of no more than LE 100 against whose challenge is rejected.Article 20 : The administrative department of the court shall inform the Security Director of theGovernorate, and the Registration Committees of the rulings issued changing the lists. Thisnotification must be made within five days as of issuing the rulings.Article 21: The head of the Registration Committee shall give a certificate to every oneregistered in the lists about his/her registration. The form, content, and means of delivering suchcertificates will be detailed in the executive regulations.Chapter Threeon Organizing the Referendum and Election ProcessesArticle 22 : The date of general elections shall be set by a presidential decree, whereas the date ofcomplementary elections shall be set by a decision of the Minister of the Interior. The decree ordecision shall be made at least thirty days before holding the elections.In referendums, the decision must include the subject of the referendum, and the date set for it,which shall observe the dates stipulated for referendums as stated in the constitution.Article 23: The decision inviting voters to elections or referendums shall be announced by its Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 29
  • 30. publishing in the official gazette.Article 24 : The Minister of the Interior shall decide the number and location of general and sub-polling stations where elections and referendums will be held. Each station will have a head andno less than two members. Each station will have a secretary.Heads of general and sub-polling stations will be appointed from the members of the judicialorganizations. Polling stations’ secretaries will be selected from the workers at the state, publicworks sector, or the public sector.Every judicial body shall nominate the members it agrees on to be selected to supervise theballoting process. A list of the nominees names shall be sent to the Minister of Justice tocoordinate between them in the presidency of polling stations.Other members shall be selected upon the consent of the areas they report to.The Minister of the Interior shall make a decision on the formation of general and sub-pollingstations, and their secretaries. In all cases, this decision shall state who would replace the headof the station in case of his absence or inability to work. In cases of referendums, the heads ofpolling stations shall select the members of the station from the literate voters registered in thedomicile of the station.In case of elections for the People’s Assembly or the Shura Council, every candidate maydelegate a member from the voters within the scope of the general polling station, to be hisrepresentative in the general polling station, as well as a member from those registered in the substation to be his representative in the sub station. The candidate shall inform the head of thestation in writing the day before the elections. If half an hour has passed after the time assignedfor starting the elections and the number of representatives has not reached two, the head of thestation shall complete this number from the attending literate voters registered in the scope of thestation. In case the number of representatives is more than six, and candidates could not reach anagreement, the head of the station shall select from them by drawing lots.In addition, every candidate shall have the right to assign one of the voters registered in the sameconstituency as his deputy to represent him before all general or sub stations. The deputy willhave the right to enter polling stations during the voting process, and request the head of thestation to record whatever notes he might want to make in the minute. The deputy is notpermitted to enter the voting hall in any other case. The letter of attorney shall be ratified by anadministrative department. The ratification shall be for free even if by the department authorizedto ratify signatures. Mayors and sheikhs, even if suspended, may not be selected as delegates ordeputies.Article 24 bis : ……………Article 25 : If a member of the polling station or its secretary is temporary absent, the head of thestation shall select one of the literate attending voters to replace him. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 30
  • 31. Article 26 : Discipline in the polling station shall be the responsibility of the head of the station.For its maintenance, the head of the station has the right to call the police or military forces whennecessary. The police or the military forces may not enter the station unless upon the request ofits head.The polling station consists of the building where voting hall exists, and the space around it. Thehead of the polling station shall specify this space before the process starts.Article 27: Only voters have the right to come to polling stations. They are prohibited to comewith arms. Candidates always have the right to enter the polling station.Article 28 : The voting process shall last from 8 a.m. to 7 p.m. Nevertheless, in case voters, whohave not yet cast their votes, are present at the polling station at 7 p.m., the voting process willcontinue until they cast their votes.Article 29 : Voting in elections or referendums shall be implemented by ticking on a ballotingcard prepared especially for this purpose.The head of the polling station shall give each voter an unfolded balloting card, sealed in its backby the committee, carrying the date of the election or the referendum. The voter shall be directedto one of the sides assigned to voting in the polling station itself. He/she shall make his vote andreturn the card folded to the head of the station who will insert the card in the balloting box. Atthe same time, the polling station secretary shall place a tick in front of the name of the voterwho cast his/her vote.To guarantee the secrecy of the election or the referendum, balloting cards shall be designed insuch a way that associates the name of each candidate in an election, or each subject in areferendum, with a certain color or symbol to be defined by a decision of the Minister of theInterior.The executive regulations shall describe the form and content of the balloting card, as well as theway of voting. Pencils shall not be used.However, seeing-impaired persons, and other people with disabilities that may prevent themfrom casting their votes by themselves, may express their opinions verbally to be heard only bythe members of the committee in charge of the polling station. The secretary shall then recordthe voter’s opinion in his/her balloting card, which will be signed by the head of the station. Itwill then be clarified in front of the voter’s name in the electoral list that he/she cast his/her votein such a way.These disabled persons can also ask the persons accompanying them to write down their opinionon the balloting cards they receive from the head of the station, in front of the station’scommittee. This authorization shall be noted in the committee’s minute.Article 30: Voters may not cast their votes more than once in an election or a referendum. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 31
  • 32. Article 31 : On casting their votes, voters shall present to the station’s committee their votingcard, and shall identify themselves to the committee by any means. Those who have lost theirvoting cards shall be allowed to cast their votes as long as their names are on the electoral lists ofthe polling station.Article 32 : The head of the polling station shall sign on the voting card that the voter has casthis/her vote. The secretary of the station shall sign on the voters’ list that the voter has casthis/her vote.However, in cases of referendums, voters who happen to be in a city or a village other than thatat which they are registered, shall be allowed to vote in the city or village in which they exist,provided that they present to the polling station committee their voting cards.In such cases, the station’s secretary shall write down, based on the voting card, the voter’ssurname, family name, the voting domicile of the voter, the police station at which the voter isregistered, and the voter’s registration number in the electoral lists. This information shall bewritten in a separate list made into two copies, signed by the head of the polling station’scommittee, its members, and secretary.The head of the station shall hand over a copy of this list to the Chief of the police station wherethe constituency is located.Article 33 : Votes which are pending on any condition, or bear more or less selections than therequired number shall be invalidated. Also, in case a voter casts his/her vote on a card other thanthat handed to him/her by the head of the station, or on a paper that includes the signature of thevoter, or bearing any other sign or mark that would reveal his/her identity, the vote shall also beinvalidated.Article 34 : The heads of sub-polling stations shall announce the ending of the voting processonce the closing time is due. Ballot boxes shall be sealed. The head of the station shall handthem over to the head of the counting station’s committee.The counting station committee shall be made of the head of the general station as a chair, andtwo of the heads of sub stations selected by the head of the general station as members. Thesecretary of the general station shall be in charge of the secretariat of the counting station. Counting shall take place in the presence of the heads of sub polling stations, each on thecounting of the votes of his station. The counting committee may request them to take care ofthe counting process under its supervision.Candidates may delegate representatives to the counting stations in the constituencies they arerunning at. The counting committee must complete its work maximum by the day following thevoting.The counting committee shall make a minute on the procedures of counting the votes in theboxes of each sub-polling station. The minute shall be signed by the head of the countingstation, its secretary, and the head of the sub-polling station. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 32
  • 33. Article 35 : The counting committee shall decide on matters related to the voting process, or tothe validity or invalidity of votes.The deliberations of the counting committee shall be confidential. They shall only be attendedby the head and members of the committee.Decisions shall be made by absolute majority. In case of even voting, the side the head of thecommittee is on shall be the dominant one.Decisions shall be written down in the committee’s minute, and reasons shall be mentioned,signed by the head and the members of the committee. The head shall then read them aloud.Article 36 : The head of the general station shall announce the result of the election orreferendum, and the number of votes obtained by each candidate in the constituency. Both thehead and the secretary of the general station shall sign two copies of the minutes of the session.One copy, with all the voting ballots, shall be sent directly to the Minister of the Interior. Thesecond copy shall be kept in the Security Directorate Office.Article 37 : The general result of the election or the referendum shall be announced by a decisionof the Minister of the Interior within the three days following his receiving the minutes of theelection or referendum stations.Article 38: Following the announcement of the elections results, the Minister of the Interior shallsend each elected candidate a certificate of his election.Chapter Fouron Elections OffensesArticle 39 : A registered voter who missed casting his/her vote in an election or a referendumwithout accepted reason, shall pay a fine of no more than LE 20.Article 40 : Imprisonment and/or a fine of no more than LE 500, shall be imposed on thefollowing:First: He/she who deliberately registered, or did not register, or deleted his/her or anotherperson’s name in electoral lists, in contradiction with the provisions of this law.Second: He/she who has been able to register his or another person’s name while he is aware thathe/she or this other person do not meet the conditions stated for voters; similarly, punishmentshall be imposed on he/she who has been able, in the aforesaid manner, to delete the name ofanother person.Article 41: The punishments mentioned in the previous article shall be imposed on the following:First: He/she who uses force or threat to prevent a person from casting his/her vote in an electionor a referendum, or force him/her to vote in a certain way.Second: He/she who gives, offers to give, or commits to benefit someone else, whether for Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 33
  • 34. himself or for a third party, to seduce him/her to vote in a certain way, or prevent him/her fromvoting in a certain way.Third: He/she who accepts, or requests, a benefit of this kind for himself/herself or for a thirdparty.Article 42 : Without prejudice to any more tough punishment, an imprisonment of no more thanone year or a fine from LE 200 to LE 500 shall be imposed on he/she who publishes ordisseminates false statements or news on the subject of a referendum or the conduct of acandidate with the aim of influencing the result of the referendum or the election.In case such statements or news are made in such a time that does not allow voters to verifythem, the fine will be doubled.Article 43 : A fine of no more than LE 100 shall be imposed on the following:First: He/she who enters a polling station at the time of an election or a referendum carrying aweapon of any kind.Second: He/she who enters a polling station at the time of an election or a referendum withouthaving legal right to do so, and does not get out upon the order of the head of the station.Article 44 : Imprisonment and/or a fine from LE 200 to LE 500 shall be imposed on thefollowing:First: He/she who cast a vote in an election or a referendum while aware that his/her name hadbeen illegally registered in the electoral lists.Second: He/she who cast his/her vote under the name of someone else.Third: He/she who votes in an election or a referendum more than one time.Article 45 : An imprisonment for no less than six months shall be imposed on he/she whoembezzles, hides, damages, or destroys a registration list, electoral cards, or any other documentsrelated to the electoral or referendum processes; and will also be imposed on he/she who changesthe result of the election by any means with the aim of changing the truth in the result of theelection or the referendum, or with the aim of creating reasons that necessitate repeating theelection or the referendum.Article 46: The punishments stated in the aforesaid article shall be imposed on anyone who, bythe use of force, violates the freedom or the procedures of an election or a referendum.Article 47 : An imprisonment sentence of no less than one year shall be imposed on any civilservant who is connected to the election or the referendum process who has committed one of theoffenses mentioned in articles 45 and 46.Article 48: An imprisonment sentence of no less than six months shall be imposed on anyonewho seizes, destroys, or replaces a box containing balloting cards, or changes the cards itincludes. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 34
  • 35. Article 49: Attempting one of the offenses stated in this law will be punished with the samepenalty stated for committing the full offense.Article 50: General and civil claim in the offenses mentioned in this law shall be dropped sixmonths after the date of announcing the results of the elections, or the date of the last actionrelated to the investigations.Article 51: The head of the polling station committee shall have the power authorized to lawenforcement officers with respect to the offenses committed or attempted in the polling station.Chapter FiveGeneral provisions, and temporary provisionsArticle 52 : Invitation for a referendum shall be acted out upon a decree by the President of theRepublic.Article 53 : The Minister of the Interior may make a decision amending the dates stated in thislaw, or dividing them into terms. This is on making electoral lists for the first time.Article 54: In case a voter will use government railways to move from his/her place of residenceto his/her voting domicile, the voter shall be given two free tickets back and forth on presentinghis/her voting card, as explained in the executive regulations.Article 55: Decree number 148 of 1935, as well as any provision contradicting this law, shall berevoked.Article 56: Ministers, each in his field, shall implement this law. The Minister of the Interiormay issue his ministry’s executive regulations. The law shall enter into force as of the date of itspublishing in the official gazette.Issued at the Presidential Office on the 20th of Ragab 1375 (3rd of March 1956). (Gamal AbdelNasser)Electoral Fairness Audit Results for Candidates and Parties Influence:Score:The FDA electoral fairness audit team reached consensus on a score of 0 percent.Rational for Score:The state requires speech and assembly to be consistent with state ideology. (Source: EgyptMedia Law)Since 1981 through Emergency Law and Anti-Terror Laws 97 of 2002, the state can “limit basicfreedoms and arbitrarily and systematically” curb human rights to protect national security.(Source: Emergency Law; Anti-Terror Law 97 of 2002; Hamdy, A. Hassan, “Civil Society in Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 35
  • 36. Egypt under the Mubarak Regime”, Afro Asian Journal of Social Sciences Volume 2, No. 2.2Quarter II 2011)The state disallows criticism of government and state officials. Also, the state bans journalistsfrom questing the financial integrity of government and state officials. (Source: Egypt MediaLaw)The state imposes a maximum prison sentence of six months for anyone caught publishing ordisseminating false statements or news about the conduct a political candidate. (Source: Law 73of 1956 On the Exercising of Political Rights, Amended July 2000, Article 42)The state disallows societies which are antagonistic to the social system, public order, andnational unity. (Source: Egyptian Constitution, Article 55)The state makes sovereignty of law the basis for rule or exercise of public power in the state.(Source: Egyptian Constitution, Article 64)The state requires that political parties be founded on national unity and social peace. (Source:Law No. 40 of the year 1977 Concerning the Political Parties System and its Amendments,Article 3)The state requires that the purposes, policies, programs and methods of political parties notcontradict the Constitution or the preservation of national unity, social peace and the democraticsystem. (Source: Law No. 40 of the year 1977 Concerning the Political Parties System and itsAmendments, Article 3 (2))The state bans political parties which are based on religious, class, sectarian, categorical,or geographical basis, or on the exploitation of religious feelings, or discriminationbecause of race, origin, or creed. (Source: Law No. 40 of the year 1977 Concerning the PoliticalParties System and its Amendments, Article 3 (4))The state gives registered political parties 100,000 LE pounds (16750 USD) annually for tenyears. After ten years, the political party must win at least one seat in the Peoples Assembly orthe Shura Council to continue to receive public funding. (Source: Law No. 40 of the year 1977Concerning the Political Parties System and its Amendments, Article 18)The state gives 5000 pounds (837.5 USD) for each seat won by a political candidate in thePeoples Assembly or the Shura Council, with a maximum of 500,000 pounds (83750 USD) toeach party. (Source: Law No. 40 of the year 1977 Concerning the Political Parties System and itsAmendments, Article 18)The state imposes a penalty of up to a maximum lifetime imprisonment to illegal political partieswhich are hostile to the state, and its ideology and existence. (Source: Law No. 40 of the year1977 Concerning the Political Parties System and its Amendments, Penalties) The state imposesa lifetime prison sentence if the crime against the state is through communication with an enemycountry. (Source: Law No. 40 of the year 1977 Concerning the Political Parties System and its Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 36
  • 37. Amendments, Penalties) In addition to the lifetime prison sentence, the state based on convictiondissolves the political organization, close their locations, and confiscates their funds, tools andrelated papers. (Source: Law No. 40 of the year 1977 Concerning the Political Parties Systemand its Amendments, Penalties)The state confines to jail citizens who are caught joining an illegal political party. The citizenswill be imprisoned if the illegal political party is proven to be hostile to the state. (Source: LawNo. 40 of the year 1977 Concerning the Political Parties System and its Amendments, Article 23)The state requires that political parties have at least 20 elected members of the PeoplesAssembly among the founders of the political party. (Source: Law No. 40 of the year 1977Concerning the Political Parties System and its Amendments, Article 28)The state requires presidential candidates to be at least 40 years old (Source: EgyptianConstitution, Article 75)The Egyptian President is nominated by 1/3 of the Peoples Assembly and must be elected by 2/3of the Peoples Assembly. The presidential candidate then participates in a peoples plebiscite andmust win an absolute majority. (Source: Egyptian Constitution, Article 76)The Peoples Assembly is comprised of 350 members. One haft of the members must be workersand farmers, which the state defines. The state allows the President to appoint ten members to theAssembly. (Source: Egyptian Constitution, Article 87)The state requires that presidential candidates have the support of at least 250 elected membersof the Peoples Assembly, Shura Council, and local popular councils on the governorate level, aslong as 65 of them are from the Peoples Assembly, 25 from the Shura Council, and 10 fromevery local council in at least 14 governorates. In all cases, support may not be given to morethan one candidate. (Source: Egyptian Constitution of 1971, Amended 2007, Article 76; Law No.174 for the year 2005 On Regulating the Presidential Elections, Article 2)The state allows presidential candidates from political parties founded five years before thecandidacy and whose members have obtained at least 3 percent of the elected members of thePeoples Assembly and Shura Council. The presidential candidate must have been a member ofthe political party for at least one consecutive year. (Source: Egyptian Constitution Amended2007, Article 76; Law No. 174 for the year 2005 On Regulating the Presidential Elections,Article 3) As an exception, any political party may nominate for the first presidential elections tobe conducted following the enactment of this Article (2007) a member of its leadership councilestablished before May 10, 2005 in accordance with its by-law. (Source: Egyptian Constitutionof 1971, Amended 2007, Article 76)The election campaign is three weeks in length less two days prior to the day of balloting.(Source: Law No. 174 for the year 2005 On Regulating the Presidential Elections, Article 20)Electioneering through any media shall be only during the three week period. (Source: Law No.174 for the year 2005 On Regulating the Presidential Elections, Article 20) Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 37
  • 38. The state places the following restrictions on electioneering: 1. refraining from exposing thesanctity of the private life of any candidate; 2. commitment to maintain national unity andabstention from using religious slogans; 3. refraining from using or threatening to useviolence; 4. prohibition of offering gifts, donations, assistance in cash or in kind or any otherbenefits or promising to offer them, directly or indirectly; 5. prohibition of using State-owned,public- sector or public-business- sector owned buildings, facilities and means of transportationin the election propaganda in any form; 6. prohibition of using public utilities, place of worship,schools, universities and others public or private educational institutions for the electionpropaganda purposes.(Source: Law No. 174 for the year 2005 On Regulating the PresidentialElections, Article 21) The state imposes a fine between 10,000 LE and 100,000 LE to any citizenwho violates Article 21. Source: Law No. 174 for the year 2005 On Regulating the PresidentialElections, Article 54)The state requires state media to maintain an equality election propaganda of the candidates.(Source: Law No. 174 for the year 2005 On Regulating the Presidential Elections, Article 22)The state requires that opinion polls shall contain full information on the organizations behindthe polls, and the collection methods used in the polls, questions asked etc. The state disallowspolls to be published within seven days of the balloting, and therefore, there is 14 days to publishand discriminate polls. (Source: Law No. 174 for the year 2005 On Regulating the PresidentialElections, Article 23)The state requires state media to maintain an equality election propaganda of the candidates.(Source: Law No. 174 for the year 2005 On Regulating the Presidential Elections, Article 23)Finances:In 2008, Eygpt had GDP per capita of 2030.6 USD (Source: UNdata on Egypt) In 2010, Egypthad per capita income of 6,200 or 6,397 USD. (Source: The Worldfact Book, Egypt 2010;International Monetary Fund, Egypt 2010) In 2008, the highest 10 percent had around 27.6percent of Egyptian wealth, while the lowest 20 percent had around 8.9 percent of Egyptianwealth. (Source: World Bank Indicators, Egypt)The maximum election campaign expenditure of presidential candidates is 10 million LE(1,675,000USD) and 2 million LE (335,000 USD) in case of re-election. (Source: Law No. 174 for the year2005 On Regulating the Presidential Elections, Article 24)The state subsidies presidential candidates up to 5 percent of the minimum amount of fundsallowed to be expended, and 2 percent in case of re-election. (Source: Law No. 174 for the year2005 On Regulating the Presidential Elections, Article 26)Presidential candidates may receive donations from Egyptians or the party nominating thecandidate, as long as the donations from Egyptians does not exceed 2 percent of the maximumexpenditure for the election campaign. (Source: Law No. 174 for the year 2005 On Regulatingthe Presidential Elections, Article 26) Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 38
  • 39. Presidential candidates are required to deposit all electoral monies in a designated bank. Thecandidates are required to keep track of sources and aspects of the monies deposited. (Source:Law No. 174 for the year 2005 On Regulating the Presidential Elections, Article 26) The statedoes not require Assembly and Shura candidates to use a designated bank or keep track ofsources and aspects of monies. (Source: The FDA researchers could no laws and regulations onelectoral finances of Assembly and Shura Council candidates.)Political parties are obligated to notify the Political Parties Affairs Committee of contributionsexceeding 1000 LE within three months of the date set for balloting and within five days ofreceiving the contributions. (Source: Law No. 174 for the year 2005 On Regulating thePresidential Elections, Article 26)The state does not require candidate and party finances to be made available to the public.(Source: The FDA researchers could find no laws or regulations which required publictransparency of candidate and party finances.)The state imprisons for five years citizens who use force or violence against the head or anymember of the presidential election committee. The prison sentence will increase if there arelasting deformity on the victims and life in prison in case of the death of victims. (Source: LawNo. 174 for the year 2005 On Regulating the Presidential Elections, Article 44)Any citizen who threatens the head or any member of the presidential election committee shallbe imprisoned up to two years. (Source: Law No. 174 for the year 2005 On Regulating thePresidential Elections, Article 45)Any citizen who insults the head or any member of the presidential election committee shall beimprisoned up to two years or be fined between 2000 LE (335 USD) and 5000 LE (837.5 USD).(Source: Law No. 174 for the year 2005 On Regulating the Presidential Elections, Article 46)The states imposes a fine between 5000 LE (837.5 USD) and 20000 LE (3350 USD) for anypresidential candidate who spends monies on an election campaign other than from those at thedesignated bank or exceeds the maximum spending allowed for election campaigns. (Source:Law No. 174 for the year 2005 On Regulating the Presidential Elections, Article 48)The state disallows presidential candidates from any electoral contribution from Egyptian orforeign juridical persons or from any foreign state, agency or international organization or anycorporation where any foreign person hold an equity stake or from any foreign person. (Source:Law No. 174 for the year 2005 On Regulating the Presidential Elections, Article 27) Forviolation of Article 27, the state imposes two to five year prison sentence and all funds will beconfiscated. (Source: Law No. 174 for the year 2005 On Regulating the Presidential Elections,Article 55) The FDA could no application of these election contribution laws to Assembly andShura Council candidates.The state allows Egyptian corporations to contribute to election campaigns as long as no foreignperson holds an equity stake in the company. (Source: Law No. 174 for the year 2005 OnRegulating the Presidential Elections, Article 27; FDA researchers could find no laws or Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 39
  • 40. regulations restricting Egyptian corporations from donating to election campaigns except for the2 percent cap on donations.)The state denies political rights for the following reasons: (1) Those convicted in relation to acriminal act, unless they have been rehabilitated. (2) Those whose properties have been put undersequestration by a decision of the Court of Ethics, as long as the sequestration is imposed. Incase a ruling has been handed down confiscating the property, depriving of exercising politicalrights shall be for a period of five years.(3) ………………..(4) Those sentenced to imprisonment in relation to a theft, hiding stolen objects, fraudulence, badchecks, breach of trust, betrayal, bribery, bankruptcy by fraud, forging or using forgeddocuments, making false testament, seducing witness, rape, corrupting the youth, violating thepublic ethics, being a vagabond; or has been involved in a crime committed to evade themilitary and national service; also those sentenced for attempting one of the aforesaid crimes. This is unless the execution of the sentence has been stayed, or the convict has beenrehabilitated.(5) Those sentenced to imprisonment in relation to one of the crimes stated in articles 40, 41, 42,44, 45, 46, 47, 48, 49 of this law. This is unless the execution of the sentence has been stayed, orthe convict has been rehabilitated.(6) Those who were dismissed from civil service for the state or the public sector for disgracefulreasons, until the elapse of five years after the dismissal date. This is unless the person hasreceived a final ruling revoking the dismissal order or ordering compensation.(7) ……………. (Source: Law 73 of 1956 on the exercising of political rights, Article 2)The state denies political rights to citizens who make false statements in the news. (Source: Law73 of 1956 on the exercising of political rights, Articles 2 and 44)The President set the date of general elections. The election decree must be made at least 30days for holding the elections. (Source: Law 73 of 1956 on the exercising of political rights,Articles 22)The score of 0 percent means that Egypts legislative basis for candidate and party influence iscompletely unfair. FDA auditors could find no overall fairness. However, the state ban onreligious based parties was considered by some auditors as fair because religion has no place inthe state due its exclusionary and unassailable belief system. After significant deliberation, FDAauditors determined that the ban on religious based parties is exclusionary and therefore unfair,and that secular parties through their ideologies and beliefs have exclusionary policies, and thatthe people should have the choice and say in who represents them, whether it be a secular partyor a religious party. (Further discussion please see:http://foundationfordemocraticadvancement.blogspot.com/2011/10/religion-and-democracy-in-egypt.html ) Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 40
  • 41. Chapter Three: Electoral FinanceChapter three will focus on the research and audit results of Egyptian laws and regulations withrespect to the fairness of Egyptian laws and regulations with respect to electoral finance.Chapter Summary: Egypt received a score of 0 percent for electoral finance. The score meansthat the legislative basis for electoral finance is completely unfair. FDA auditors could find nooverall elements of fairness. Although there are caps on donations to presidential candidates andelectoral spending of presidential candidates, and a ban on government and foreign electoralcontributions, these elements of fairness are canceled out by the transparency of electoralfinances only to the state. Electoral finances are not transparent to opposition parties or thepublic.Document Excerpts:The following excerpts were identified by the FDA researchers as relevant. The FDA researchersmade some excerpts bold to emphasize high relevance:Law 73 for 1956 on Exercising of Political RightsJuly 2000Article 48: A penalty of imprisonment for a period of no less than 6 months togetherwith a fine of no less than L.E 1000 and no more than L.E 5000, shall be imposed on thefollowing."1- Any person who uses force or threat to prevent someone from casting his vote in theelection or referendum or to force him to cast one in a certain way;2- Any person who gives, offers or pledges to give someone a benefit, for himself or forsomeone else, in order to force him to abstain from casting his vote or to do so in acertain way; and3- Any person who accepted or demanded a benefit of that kind, for himself or for others;4- Any person who knowingly publishes or circulates false allegations or news about thesubject of election or referendum or about behavior or manners of any of the candidateswith the intention of affecting the result of election or referendum.In the event such statements or news are circulated at a time the voters are not in aposition to recognize the truth of the matter, the penalty shall be doubled.Egyptian Constitution:Article 64Sovereignty of the law shall be the basis of rule in the state.Law No. 40 of the year 1977Concerning the Political Parties System and its Amendments Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 41
  • 42. Article (18)15The state shall provide annual financial support to the political parties, the appropriationsof which shall be included in the budget of the Shura Council. The Political PartiesAffairs Committee shall assume its distribution as follows:1. One hundred thousand pounds annually to each party for a period of ten years.For entitlement to this support after that period, the party shall conditionally haveat least one seat won by one of its candidates in the People’s Assembly or theShura Council elections.2. Five thousand pounds for each seat won by the party candidate in the People’sAssembly or the Shura Council elections, with a maximum of five hundredthousand pounds for each party.PenaltiesThe penalty shall be lifetime or temporary penal servitude if the illegal party organizationis hostile to the system of the society, or if it is of military or paramilitary nature, or istaking the form of violent training aimed at preparation for fighting, or if the crime iscommitted on the basis of communicating with a foreign country.The penalty shall be lifetime penal servitude if the crime is committed on the basis ofcommunicating with an enemy country.In all cases, the court in passing a conviction sentence shall rule dissolving the saidorganizations, closing their locations, and confiscating their funds, possessions, tools, andrelated papers or those prepared for use by them.Article (23)20Whoever joins an illegal party organization even if this party is under any religious veil,or in the form of association, body, organization, or a group whatever the name ordescription dubbed to it, shall be confined to jail.The penalty shall be imprisonment if the organization mentioned in the provisions clauseis hostile to the system of the society, or if it is of a military or paramilitary nature, or istaking the form of violent training aimed at preparation for fighting, or was establishedthrough communication with a foreign county and the delinquent was aware of it.Article (28)In exception of the provisions of Article (7), it is stipulated for the foundation of anypolitical party effective from the date of enforcing this law until beginning the lastsession of the present law until beginning the last session of the present legislative termof the People’s Assembly, that at least twenty members of the said Assembly shall beamong the founders of the party.Articles (2, 3 and 9) of law No. 34 of the year 1972 concerning the protection of nationalunity, and Article (2) of decree-law No. 2 of the year 1977 on protection of the nation’sand citizen’s freedom shall be superseded.22 Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 42
  • 43. Law No. 174 for the year 2005 On Regulating the Presidential ElectionsArticle (21):In the election propaganda, compliance shall be observed with the provisions of the Constitution,thelaw, the PEC resolutions as well as the following rules:1. refraining from exposing the sanctity of the private life of any candidate; 2. commitment tomaintainnational unity and abstention from using religious slogans;3. refraining from using or threatening to use violence;4. prohibition of offering gifts, donations, assistance in cash or in kind or any other benefits orpromising to offer them, directly or indirectly;5. prohibition of using State-owned, public- sector or public-business- sector owned buildings,facilities and means of transportation in the election propaganda in any form;6. prohibition of using public utilities, place of worship, schools, universities and others public orprivate educational institutions for the election propaganda purposesArticle (24):Maximum expenditure by each candidate on the election campaign shall be LE 10 million, andLE 2 million in case of re-election.Article (25):Each presidential candidate shall obtain a financial aid from the state equivalent to 5 % of theminimum funds allowed to be expended in the election campaign, as well as a financial aidequivalent to 2 % of this sum in case of re-election.Article (26):Each candidate may receive contribution in cash or in-kind from Egyptian natural persons orfrom the party nominating him, provided that contributions from any natural person shall notexceed 2 % of the maximum expenditure allowed on the election campaign.The candidate shall open an account in local currency at one of the banks designated by the PEC,wherein he shall deposit all contributions in cash received thereby as well as the financialassistance obtained from the state and any allocations of his own money.The candidate shall keep the PEC posted on all amounts deposited in his account as well assources and aspects of expenditures, on such dates and through such procedures as are set by thePEC. No expenditures on the election campaign shall be made beyond this account. The PECshall allocate the remaining balance on that account to contributions on a pro-rate basis, inaccordance with such procedures as may be specified by the PEC.Parties shall be under obligation to notify the Political Parties Affairs Committee of thecontributions exceeding LE 1,000 each received thereby within the three months prior to the dateset for balloting, which notice shall be given within the five days following receipt of thecontribution. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 43
  • 44. Article (27):It is prohibited to receive any contribution or support in cash or in kind for the election campaignfrom any Egyptian or foreign juridicial person, or from any foreign state, agency or internationalorganization or any corporation where any foreign person holds an equity stake or from anyforeign natural person.The candidate shall submit to the PEC, within 15 days from announcing the election result, astatement showing total revenue obtained thereby, as well as their source and nature and amountand aspects of expenditure on the election campaign.After hearing statements by the candidate and investigating his defense orally or in writing, andthe PEC having approved the above-said statement, the candidate shall undertake to reimburse tothe State treasury such financial aid he had previously obtained.Each candidate may authorize some one else to undertake on his own behalf such acts andprocedures as may he required for the enforcement of the provisions of this, including allfinancial matter, per a notarized power of attorney authenticated by a Notary-Public office,furnishing an official copy of the power of attorney to the PEC.Article (46):"Any person who insults, by gesticulation or in words, the head or any member of a presidentialelection committee during or due to the performance of his duty shall be penalized withimprisonment for a period not exceeding two years or with a fine of no less than L.E 2000 and nomore than L.E 5000".Article (48):"A penalty of imprisonment for a period of no less than one year together with a fine of no lessthan L.E 5,000 and no more than L.E 20,000, or either shall be imposed on the following."1-Any person who spends on election propaganda amounts other than those deposited on hisbank account referred to in Article (26) hereof or spends the funds deposited on this account onother purposes than election propaganda.2- Any person whose expenditure exceeds the maximum amount allowed for electionpropaganda.Article (54):A penalty of of no less than one year- imprisonment together with a fine of no less than L.E10,000 and no more than L.E 100,000, or either shall be imposed on any person who violates theprovisions governing election propaganda as stipulated in Article 21 hereof.Article (55):A penalty of imprisonment for a period of no less than two and nor more than five years or eithershall be imposed on any person who violates the provisions governing election propaganda asstipulated in Article 27 hereof" . Additionally, the funds received shall be confiscated. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 44
  • 45. Law 73 of 1956 on the exercising of political rights:Chapter Fouron Elections OffensesArticle 39 : A registered voter who missed casting his/her vote in an election or a referendumwithout accepted reason, shall pay a fine of no more than LE 20.Article 40 : Imprisonment and/or a fine of no more than LE 500, shall be imposed on thefollowing:First: He/she who deliberately registered, or did not register, or deleted his/her or anotherperson’s name in electoral lists, in contradiction with the provisions of this law.Second: He/she who has been able to register his or another person’s name while he is awarethat he/she or this other person do not meet the conditions stated for voters; similarly,punishment shall be imposed on he/she who has been able, in the aforesaid manner, to deletethe name of another person.Article 41: The punishments mentioned in the previous article shall be imposed on thefollowing:First: He/she who uses force or threat to prevent a person from casting his/her vote in anelection or a referendum, or force him/her to vote in a certain way.Second: He/she who gives, offers to give, or commits to benefit someone else, whether forhimself or for a third party, to seduce him/her to vote in a certain way, or prevent him/her fromvoting in a certain way.Third: He/she who accepts, or requests, a benefit of this kind for himself/herself or for a thirdparty.Article 42 : Without prejudice to any more tough punishment, an imprisonment of no more thanone year or a fine from LE 200 to LE 500 shall be imposed on he/she who publishes ordisseminates false statements or news on the subject of a referendum or the conduct of acandidate with the aim of influencing the result of the referendum or the election.In case such statements or news are made in such a time that does not allow voters to verifythem, the fine will be doubled.Article 43 : A fine of no more than LE 100 shall be imposed on the following:First: He/she who enters a polling station at the time of an election or a referendum carrying aweapon of any kind.Second: He/she who enters a polling station at the time of an election or a referendum withouthaving legal right to do so, and does not get out upon the order of the head of the station. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 45
  • 46. Article 44 : Imprisonment and/or a fine from LE 200 to LE 500 shall be imposed on thefollowing:First: He/she who cast a vote in an election or a referendum while aware that his/her name hadbeen illegally registered in the electoral lists.Second: He/she who cast his/her vote under the name of someone else.Third: He/she who votes in an election or a referendum more than one time.Electoral Fairness Audit Results for Egyptian Electoral Finance:Score:The FDA electoral fairness audit team reached consensus on a score of 0 percent.Rational for Score:In 2008, Eygpt had GDP per capita of 2030.6 USD (Source: UNdata on Egypt) In 2010, Egypthad per capita income of 6,200 or 6,397 USD. (Source: The Worldfact Book, Egypt 2010;International Monetary Fund, Egypt 2010) In 2008, the highest 10 percent had around 27.6percent of Egyptian wealth, while the lowest 20 percent had around 8.9 percent of Egyptianwealth. (Source: World Bank Indicators, Egypt)The state gives registered political parties 100,000 LE pounds (16750 USD) annually for tenyears. After ten years, the political party must win at least one seat in the Peoples Assembly orthe Shura Council to continue to receive public funding. (Source: Law No. 40 of the year 1977Concerning the Political Parties System and its Amendments, Article 18)The state gives 5000 pounds(837.5 USD) for each seat won by a political candidate in thePeoples Assembly or the Shura Council, with a maximum of 500,000 pounds (83750 USD) toeach party. (Source: Law No. 40 of the year 1977 Concerning the Political Parties System and itsAmendments, Article 18)The maximum election campaign expenditure of presidential candidates is 10 million LE(1,675,000 USD) and 2 millon LE (335000 USD) in case of re-election. (Source: Law No. 174for the year 2005 On Regulating the Presidential Elections, Article 24)The state subsidies presidential candidates up to 5 percent of the minimum amount of fundsallowed to be expended, and 2 percent in case of re-election. (Source: Law No. 174 for the year2005 On Regulating the Presidential Elections, Article 26)Presidential candidates may receive donations from Egyptians or the party nominating him, aslong as the donations from Egyptians does not exceed 2 percent of the maximum expenditure forthe election campaign. (Source: Law No. 174 for the year 2005 On Regulating the PresidentialElections, Article 26) Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 46
  • 47. Presidential candidates are required to deposit all electoral monies in designated bank. Thecandidates will also keep track of sources and aspects of the monies deposited. (Source: Law No.174 for the year 2005 On Regulating the Presidential Elections, Article 26)Political parties are obligated to notify the Political Parties Affairs Committee of contributionsexceeding 1000 LE (167.5 USD) within three months of the date set for balloting and within fivedays of receiving the contributions. (Source: Law No. 174 for the year 2005 On Regulating thePresidential Elections, Article 26)The state does not require candidate and party finances to be made available to the public.(Source: The FDA researchers could find no laws or regulations which require publictransparency of candidate and party finances.)The states imposes a fine between 5000 LE (837.5 USD) and 20000 LE (3350 USD) for anypresidential candidate who spends monies on an election campaign other than from those at thedesignated bank or exceeds the maximum spending allowed for election campaigns. (Source:Law No. 174 for the year 2005 On Regulating the Presidential Elections, Article 48)The state disallows election propaganda from containing any reference to offering gifts,donations, assistance in cash or in kind or any other benefit. (Source: Law No. 174 for the year2005 On Regulating the Presidential Elections, Article 21)The state imposes a fine of 20 LE (3.35 USD) for any voter who who missed casting his/her votewithout an accepted reason. (Source: Law 73 of 1956 on the exercising of political rights, Article39)The state does not subsidize candidates for the Peoples Assembly or Shura Council, except for5000 pounds (837.5 USD) seat won in either the Assembly and Council. (Source: The FDAcould find no laws or regulations on direct public subsidies for candidates except presidential.)The state does not allow tax deductions for electoral donations. (Source: The FDA could find nolaws or regulations on electoral tax deductions.)The state does not have caps on electoral donations or spending for candidates of the PeoplesAssembly or Shura Council. (Source: The FDA could find no laws or regulations on electoraldonations and spending except for presidential candidates.)The state allows unlimited third-party electoral spending which is separate from candidates andparties. (Source: The FDA could find no laws or regulations on third-party spending.)The state allows Egyptian corporations to donate to candidates and parties within the cap of 2percent of maximum spending allowed for presidential candidates. There is no spending cap oncandidates for the Peoples Assembly or Shura Council, or on political parties. (Source: Law No.174 for the year 2005 On Regulating the Presidential Elections, Article 26; the FDA could findno laws or regulations on donations from Egyptian corporations except for the donation limit forpresidential candidates.) Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 47
  • 48. The score of 0 percent means that the legislative basis for electoral finances are completelyunfair. FDA auditors could find no overall element of fairness. Although there are caps ondonations and spending for presidential candidates, and the state bans the government andforeigners from making electoral contributions, these elements of fairness canceled out by thetransparency of electoral finances to the state only. So in essence, the state can know the electoralfinances of its opposition, while no one can electoral finances of state parties. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 48
  • 49. Chapter Four: Voter SayChapter four will focus on the research and audit results of Egyptian laws and regulations withrespect to the fairness of voter say laws and regulations before, during and after an election.Chapter Summary: Egypt received a score of 0 percent for voter say. The score means that thelegislative basis for voter say is completely unfair. FDA auditors could find no overall element offairness. Although Egyptians are guaranteed freedom of speech, assembly and the press by theConstitution, these freedoms are denied by the Egyptian Emergency Law and numerous otherlaws which restrict freedom and revoke political and human rights. Egyptians can lose theirpolitical rights without charge or trial. Egyptian social organizations must conform to the stateand its ideology, and can be denied registration by the state without appeal. Also, the staterevokes political rights from any citizen convicted of making false statements in the news, andthe state controls public and private media organizations through control of political content.Electoral finances through only transparency to the state favor state parties. Political partieswhich are counter to state definition of national unity and social peace, and/or religious based arebanned. Egyptian voters who oppose the state and its ideology, the Egyptian Constitution, orstate political parties have no say in the electoral system, except for not voting which they wouldbe fined for.Document Excerpts:The following excerpts were identified by the FDA researchers as relevant. The FDA researchersmade some excerpts bold to emphasize high relevance:Egypt Constitution:Article 55Citizens shall have the right to form societies as defined in the law.The establishment of societies whose activities are hostile to the social system, clandestine orhave a military character is prohibited. (Egypt Constitution 1971)Citizens shall have the right to form associations as defined by the law.The establishment of associations whose activities are detrimental to society or have aclandestine or military character is prohibited. (Egypt Constitution Amended 2007)Article 64Sovereignty of the law shall be the basis of rule in the state. (Egyptian Constitution, 1971)The rule of law shall be the basis of the exercise of public power in the State. (EgyptianConstitution Amended 2007)Article 75The person to be elected President of the Republic must be an Egyptian born to Egyptianparents and enjoy civil and political rights. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 49
  • 50. His age must not be less than 40 Gregorian years. (Egyptian Constitution Amended 2007)Article 76[14], [15]The President shall be elected by direct, public, secret ballot. In order to be accepted as acandidate to the presidency, a person must be supported by at least 250 elected members ofthe People’s Assembly, the Shura Council and the elected regional assemblies who mustinclude at least 65 members of the People’s Assembly, 25 of the Shura Council and ten ofmembers of the regional assemblies in at least 14 regions.The number of members of the People’s Assembly, the Shura Council and local popularcouncils at provincial level shall be raised in proportion to increases in number of any of thesecouncils. In all cases, support may not be given to more than one candidate.Procedures related to the nomination process shall be regulated by the law. Political partieswhich have been established at least five years before the announcement of the candidacy andhave been operating without interruption during this period, and whose members haveobtained at least 3% of the elected seats in both the People’s Assembly and the Shura Councilor the equivalent of the combined total of these numbers in one of the two assemblies maynominate for President a member of their leadership council in accordance with their ownbylaws,provided the candidate has been a member of the council for at least twelve consecutivemonths.As an exception to the provisions of the aforementioned paragraph, the afore-mentionedpolitical parties whose members obtained at least one seat in either the People’s Assembly orthe Shura Council in the last election may nominate in any presidential elections to be heldwithin ten years of May 1, 2007 a member of their leadership council in accordance with theirby-laws, provided he has been a member of the council for at least twelve consecutivemonths.Candidacies shall be submitted to an independent committee named Presidential ElectionsCommittee. The Committee shall be composed of the head of the Supreme ConstitutionalCourt as a chairman and the head of the Cairo Court of Appeal, the most senior deputy of thehead of the Supreme Constitutional Court, the most senior deputy of the head of the Court ofCassation, the most senior deputy of the State Council and five public figures, recognized fortheir impartiality. Three of the aforementioned public figures shall be selected by the People’sAssembly and the other two by the Shura Council upon a recommendation of the bureaus ofboth houses for a period of five years.The law shall determine who will act on behalf of the chairman or any member of theCommittee, should they be unable to perform their functions for some reason.This Committee shall have the following exclusive competences:1. To declare the opening of the candidate selection process and supervise procedures forfixing the final list of candidates;2. To generally supervise balloting and vote-counting procedures; Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 50
  • 51. 3. To announce elections results;4. To decide on all appeals, challenges and all matters related to its competences, includingconflicts of jurisdiction;5. To draw up by-laws regulating its modus operandi and the procedures for the discharge ofits functions.The Committee’s resolutions shall be adopted with a majority of at least seven members. Itsresolutions shall be final, self-executing and incontestable by any means or before anyauthority whatsoever. Its resolutions may not be challenged by way of interpretation or bygranting a stay of execution. The law regulating presidential elections shall determine othercompetences of the Committee.The law shall also determine the rules governing the nomination of a candidate who is toreplace another candidate who has abandoned his candidacy for some other reason than hisassignment to public functions in the period from the opening of the candidate selectionprocess until the end of the presidential vote. (Egyptian Constitution Amended 2007)Law 73 of 1956 on the exercising of political rights:Chapter Oneon Political Rights, and their exercise__________Article 1 : Any Egyptian, male or female, on attaining the age of eighteen solar years, mayexercise, independently, the following political rights:First: Making opinion on the following:1- The referendum for selecting the President of the Republic2- All other referendums stated by the constitutionSecond: Electing the members of the following:1. The People’s Assembly2. The Shura (Consultative) CouncilOfficers and personnel of the main, subordinate, or additional forces of the army, as well aspolice officers and personnel shall be exempted from this duty throughout their service at thearmy or police.Exercising the aforesaid rights shall be within the ways and conditions laid down in this law.Article 2: The following subjects may not exercise political rights:(1) Those convicted in relation to a criminal act, unless they have been rehabilitated.(2) Those whose properties have been put under sequestration by a decision of the Court ofEthics, as long as the sequestration is imposed. In case a ruling has been handed downconfiscating the property, depriving of exercising political rights shall be for a period of five Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 51
  • 52. years.(3) ………………..(4) Those sentenced to imprisonment in relation to a theft, hiding stolen objects, fraudulence,bad checks, breach of trust, betrayal, bribery, bankruptcy by fraud, forging or using forgeddocuments, making false testament, seducing witness, rape, corrupting the youth, violating thepublic ethics, being a vagabond; or has been involved in a crime committed to evade themilitary and national service; also those sentenced for attempting one of the aforesaid crimes. This is unless the execution of the sentence has been stayed, or the convict has beenrehabilitated.(5) Those sentenced to imprisonment in relation to one of the crimes stated in articles 40, 41,42, 44, 45, 46, 47, 48, 49 of this law. This is unless the execution of the sentence has beenstayed, or the convict has been rehabilitated.(6) Those who were dismissed from civil service for the state or the public sector fordisgraceful reasons, until the elapse of five years after the dismissal date. This is unless theperson has received a final ruling revoking the dismissal order or ordering compensation.(7) …………….Article 3: Exercising political rights shall be suspended for the following persons:(1) Those placed under interdiction, throughout the period they are so.(2) Those with mental diseases who are detained, throughout the period of their detention.(3) Those declared bankrupt, for five years as of the date they have been so declared, unlessthey have been earlier rehabilitated.Chapter Twoon Electoral ListsArticle 4 : Anyone, male or female, who has the right to exercise political rights must beregistered in Electoral lists. Nevertheless, those who attained the Egyptian nationality bynaturalization shall not be registered before five years after their naturalization date.Article 7 : The Public Prosecution shall inform the Ministry of the Interior of the final rulingsagainst citizens, which would result in depriving or suspending their exercising of politicalrights.In case of the dismissal of workers in the state or the public sector for disgraceful reasons, thedepartment for which they work shall inform the Ministry of the Interior.In all cases, informing the Ministry must take place within fifteen days as of the date the rulingor the decision becomes final.Article 11: Voting domicile is usually the place of residence of the voter. However, voters havethe right to register at the domicile of their main work, or where they have serious interest, or atthe domicile of their family even if they do not live there.The executive regulations shall explain how the selection of the voting domicile is made, and Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 52
  • 53. its dates.In case of changing voting domicile, voters shall announce this change in the manner stated inthe previous paragraph.Article 12: Voting domicile for Egyptians living abroad who are registered in Egyptianconsulates shall be the last domicile they lived at in Egypt before their travel. Voting domicileof Egyptians who work on board of Egyptian ships shall be the harbor where the ship theywork on is registered.Article 15 : Citizens who missed registering their names with no legal reason, those whose databore a mistake on registration, those who become qualified voters, and those who were preventedto vote and the reasons preventing them have become invalid, shall request registering theirnames or correcting their data.Every registered voter has the right to request registering a name or deleting a name which wasunlawfully overlooked or registered, and to request correcting registered data.Such requests shall be made until the 15th of March of every year. Requests shall be presentedin writing to the Security Director of the Governorate. The request shall be registered inaccordance to the date on which they were received. Receipts will be given to the applicants.Article 16 : A committee chaired by the head of the court of First Instance at the Governorate,and made of Security Director of the Governorate, and a Chief Prosecutor to be selected by thePublic Prosecutor, shall decide on the requests mentioned in the previous article, within oneweek of lodging the requests. The committee shall send its decisions to those concerned withinthree days as of their issuance.Article 17 : Those whose requests have been rejected, or whose names have been crossed outhave the right to challenge, with no charges, the decision of the committee mentioned in theprevious article. The challenge will be made before the competent administrative court. Theadministrative department of the court will register these challenges in a special record accordingto the order of receiving them. It will inform the applicant, the head of the RegistrationCommittee, the chair of the committee mentioned in the previous article, and those concerned,by registered mail, of the date of the session scheduled to hear the challenge. This notificationmust be at least five days before the date of the session.Article 18: Any registered voter has the right to become a party in front of a court in relation toany dispute regarding the registration or omission of any name.Article 19 : The administrative court shall speedily decide on the challenges. The rulings madein this regard may not be challenged by any means.The court may order a fine of no more than LE 100 against whose challenge is rejected. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 53
  • 54. Article 29However, seeing-impaired persons, and other people with disabilities that may prevent themfrom casting their votes by themselves, may express their opinions verbally to be heard only bythe members of the committee in charge of the polling station. The secretary shall then recordthe voter’s opinion in his/her balloting card, which will be signed by the head of the station. Itwill then be clarified in front of the voter’s name in the electoral list that he/she cast his/hervote in such a way.These disabled persons can also ask the persons accompanying them to write down theiropinion on the balloting cards they receive from the head of the station, in front of the station’scommittee. This authorization shall be noted in the committee’s minute.Chapter Fouron Elections OffensesArticle 39 : A registered voter who missed casting his/her vote in an election or a referendumwithout accepted reason, shall pay a fine of no more than LE 20.Article 40 : Imprisonment and/or a fine of no more than LE 500, shall be imposed on thefollowing:First: He/she who deliberately registered, or did not register, or deleted his/her or anotherperson’s name in electoral lists, in contradiction with the provisions of this law.Second: He/she who has been able to register his or another person’s name while he is awarethat he/she or this other person do not meet the conditions stated for voters; similarly,punishment shall be imposed on he/she who has been able, in the aforesaid manner, to deletethe name of another person.Article 41: The punishments mentioned in the previous article shall be imposed on thefollowing:First: He/she who uses force or threat to prevent a person from casting his/her vote in anelection or a referendum, or force him/her to vote in a certain way.Second: He/she who gives, offers to give, or commits to benefit someone else, whether forhimself or for a third party, to seduce him/her to vote in a certain way, or prevent him/her fromvoting in a certain way.Third: He/she who accepts, or requests, a benefit of this kind for himself/herself or for a thirdparty.Article 42 : Without prejudice to any more tough punishment, an imprisonment of no more thanone year or a fine from LE 200 to LE 500 shall be imposed on he/she who publishes ordisseminates false statements or news on the subject of a referendum or the conduct of acandidate with the aim of influencing the result of the referendum or the election. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 54
  • 55. In case such statements or news are made in such a time that does not allow voters to verifythem, the fine will be doubled.Article 43 : A fine of no more than LE 100 shall be imposed on the following:First: He/she who enters a polling station at the time of an election or a referendum carrying aweapon of any kind.Second: He/she who enters a polling station at the time of an election or a referendum withouthaving legal right to do so, and does not get out upon the order of the head of the station.Article 44 : Imprisonment and/or a fine from LE 200 to LE 500 shall be imposed on thefollowing:First: He/she who cast a vote in an election or a referendum while aware that his/her name hadbeen illegally registered in the electoral lists.Second: He/she who cast his/her vote under the name of someone else.Third: He/she who votes in an election or a referendum more than one time.Article 45 : An imprisonment for no less than six months shall be imposed on he/she whoembezzles, hides, damages, or destroys a registration list, electoral cards, or any otherdocuments related to the electoral or referendum processes; and will also be imposed on he/shewho changes the result of the election by any means with the aim of changing the truth in theresult of the election or the referendum, or with the aim of creating reasons that necessitaterepeating the election or the referendum.Article 46: The punishments stated in the aforesaid article shall be imposed on anyone who, bythe use of force, violates the freedom or the procedures of an election or a referendum.Article 47 : An imprisonment sentence of no less than one year shall be imposed on any civilservant who is connected to the election or the referendum process who has committed one ofthe offenses mentioned in articles 45 and 46.Article 48: An imprisonment sentence of no less than six months shall be imposed on anyonewho seizes, destroys, or replaces a box containing balloting cards, or changes the cards itincludes.Article 49: Attempting one of the offenses stated in this law will be punished with the samepenalty stated for committing the full offense.Article 50: General and civil claim in the offenses mentioned in this law shall be dropped sixmonths after the date of announcing the results of the elections, or the date of the last actionrelated to the investigations.Article 51: The head of the polling station committee shall have the power authorized to law Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 55
  • 56. enforcement officers with respect to the offenses committed or attempted in the polling station.Electoral Fairness Audit Results for Voter Say:Score:The FDA electoral fairness audit team reached consensus on a score of 0 percent.Rational for Score:The state allows for freedom of speech within the confines of national unity and public order.(Source: Egyptian Constitution, Articles 46-48; Egypt Media Law.)The state denies political rights for the following reasons: (1) Those convicted in relation to acriminal act, unless they have been rehabilitated.(2) Those whose properties have been put under sequestration by a decision of the Court ofEthics, as long as the sequestration is imposed. In case a ruling has been handed downconfiscating the property, depriving of exercising political rights shall be for a period of fiveyears.(3) ………………..(4) Those sentenced to imprisonment in relation to a theft, hiding stolen objects, fraudulence, badchecks, breach of trust, betrayal, bribery, bankruptcy by fraud, forging or using forgeddocuments, making false testament, seducing witness, rape, corrupting the youth, violating thepublic ethics, being a vagabond; or has been involved in a crime committed to evade themilitary and national service; also those sentenced for attempting one of the aforesaid crimes. This is unless the execution of the sentence has been stayed, or the convict has beenrehabilitated.(5) Those sentenced to imprisonment in relation to one of the crimes stated in articles 40, 41, 42,44, 45, 46, 47, 48, 49 of this law. This is unless the execution of the sentence has been stayed, orthe convict has been rehabilitated.(6) Those who were dismissed from civil service for the state or the public sector for disgracefulreasons, until the elapse of five years after the dismissal date. This is unless the person hasreceived a final ruling revoking the dismissal order or ordering compensation.(7) ……………. (Source: Law 73 of 1956 on the exercising of political rights, Article 2)The state denies political rights to citizens who make false statements in the news. (Source: Law73 of 1956 on the exercising of political rights, Articles 2 and 44)Through the Emergency Law of 1958, the President has the power to establish State SecurityCourts, appoints its judges including military judges, and try civilians accused of ordinary crimesin it. (Source: Emergency Law of 1958, Article 7; United Nations Human Rights Council 7thSession of the Working Group on the Universal Periodic Review (8 - 19 February 2010), ICJSubmission to the Universal Periodic Review of Egypt, August 2009)Through the Emergency Law of 1958, President or his deputy has the power to restrict thefreedom of movement, association, and residence of civilians. Also, the President or his deputy Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 56
  • 57. can order the prolonged detention without charge or trial of anyone suspected of being a threat tonational security and public order. (Source: Emergency Law of 1958, Article 3; United NationsHuman Rights Council 7th Session of the Working Group on the Universal Periodic Review (8 -19 February 2010), ICJ Submission to the Universal Periodic Review of Egypt, August 2009)Egyptian voters who are at least 18 years and have political rights are entitled to vote. (Source:Law 73 of 1956 on the exercising of political rights, Article 1)The state requires public speech and assembly to be consistent with state ideology. (Source:Egypt Media Law)The state disallows criticism of government and state officials. Also, the state bans journalistsfrom questing the financial integrity of government and state officials. (Source: Egypt MediaLaw)The state imposes a maximum prison sentence of six months for anyone caught publishing ordisseminating false statements or news about the conduct a political candidate. (Source: Law 73of 1956 On the Exercising of Political Rights, Amended July 2000, Article 42)The state disallows societies which are antagonistic to the social system. (Source: EgyptianConstitution, Article 55)The state can dissolve social organizations if their activities interfere with public morals orpublic order. The Ministry of Social Solidarity has the legal right to appoint the Board ofdirectors of social organizations if there insufficient members to hold a meeting. The state canrefuse registration of social organization if the state believes the organization is “threatens thenational unity” or runs “against public order and public attitude”. (Source: Law No. 84 of 2002;Hamdy, A. Hassan, “Civil Society in Egypt under the Mubarak Regime”, Afro Asian Journal ofSocial Sciences Volume 2, No. 2.2 Quarter II 2011)Since 1981 through Emergency Law and Anti-Terror Laws 97 of 2002, the state can “limit basicfreedoms and arbitrarily and systematically” curb human rights to protect national security.(Source: Emergency Law; Anti-Terror Law 97 of 2002; Hamdy, A. Hassan, “Civil Society inEgypt under the Mubarak Regime”, Afro Asian Journal of Social Sciences Volume 2, No. 2.2Quarter II 2011)The state makes sovereignty of law the basis for rule or public power in the state. (Source:Egyptian Constitution, Article 64)Egyptians have access to the internet, but they can be censored by the state on grounds of threatto national security. (Source: Rasha Allam. “Egypt Media Assessment Report”, Cairo Institutefor Human Rights)The state requires that political parties be founded on national unity and social peace. (Source:Law No. 40 of the year 1977 Concerning the Political Parties System and its Amendments,Article 3) Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 57
  • 58. The state requires that the purposes, policies, programs and methods of political parties notcontradict the Constitution or the preservation of national unity, social peace and the democraticsystem. (Source: Law No. 40 of the year 1977 Concerning the Political Parties System and itsAmendments, Article 3 (2))The state bans the political parties which are based on religious, class, sectarian, categorical,or geographical basis, or on the exploitation of religious feelings, or discriminationbecause of race, origin, or creed. (Source: Law No. 40 of the year 1977 Concerning the PoliticalParties System and its Amendments, Article 3 (4))Voters who are denied or suspended political rights have no right of appeal. (Source: Law 73 of1956 on the exercising of political rights, Article 7)The state allows flexibility in terms of voting domiciles. Voters are not restricted to their place ofresidence in terms of casting their ballot. (Source: Law 73 of 1956 on the exercising of politicalrights, Article 11)The state allows diaspora the right to vote and provides means for it through consulates. (Source:Law 73 of 1956 on the exercising of political rights, Article 12)Voters have the right to be in front of a court in relation to any dispute on the registration oromission of any name on the electoral list. The state disallows appeals. (Source: Law 73 of 1956on the exercising of political rights, Article 18)The state allows the seeing-impaired and disabled to receive assistance in casting their ballots bymembers of the committee at a polling station. (Source: Law 73 of 1956 on the exercising ofpolitical rights, Article 29)Voters who fail to cast their ballots without an accepted reason are fined no more than 20 LE(3.35 USD). (Source: Law 73 of 1956 on the exercising of political rights, Article 39)Voters are protected from any interference in casting their ballots through imprisonment or a finenot exceeding 500 LE to the offenders. (Source: Law 73 of 1956 on the exercising of politicalrights, Article 40-41)The maximum election campaign expenditure of presidential candidates is 10 million LE(1,675,000 USD) and 2 million LE (35,000 USD) in case of re-election. (Source: Law No. 174for the year 2005 On Regulating the Presidential Elections, Article 24)The state subsidies presidential candidates up to 5 percent of the minimum amount of fundsallowed to be expended, and 2 percent in case of re-election. (Source: Law No. 174 for the year2005 On Regulating the Presidential Elections, Article 26)Presidential candidates may receive donations from Egyptians or the party nominating him, aslong as the donations from Egyptians do not exceed 2 percent of the maximum expenditure forthe election campaign. (Source: Law No. 174 for the year 2005 On Regulating the Presidential Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 58
  • 59. Elections, Article 26)Presidential candidates are required to deposit all electoral monies in designated bank. Thecandidates will also keep track of sources and aspects of the monies deposited. (Source: Law No.174 for the year 2005 On Regulating the Presidential Elections, Article 26)Political parties are obligated to notify the Political Parties Affairs Committee of contributionsexceeding 1000 LE (167.5 USD) within three months of the date set for balloting and within fivedays of receiving the contributions. (Source: Law No. 174 for the year 2005 On Regulating thePresidential Elections, Article 26)The state does not require candidate and party finances to be made available to the public.(Source: The FDA researchers could find no laws or regulations which require publictransparency of candidate and party finances.)The states imposes a fine between 5000 LE (837.5 USD) and 20000 LE (3350 USD) for anypresidential candidate who spends monies on an election campaign other than from those at thedesignated bank or exceeds the maximum spending allowed for election campaigns. (Source:Law No. 174 for the year 2005 On Regulating the Presidential Elections, Article 48)The state disallows election propaganda from containing any reference to offering gifts,donations, assistance in cash or in kind or any other benefit. (Source: Law No. 174 for the year2005 On Regulating the Presidential Elections, Article 21)The state imposes a fine of 20 LE (3.35 USD) for any voter who who missed casting his/her votewithout an accepted reason. (Source: Law 73 of 1956 on the exercising of political rights, Article39)The state does not subsidize candidates for the Peoples Assembly or Shura Council, except for5000 pounds (837.5 USD) seat won in either the Assembly and Council. (Source: The FDAresearchers could no laws or regulations on direct public subsidies for candidates exceptpresidential.)The state does not allow tax deductions for electoral donations. (Source: The FDA researcherscould no laws or regulations on electoral tax deductions.)The state does not have caps on electoral donations or spending for candidates of the PeoplesAssembly or Shura Council. (Source: The FDA researchers could no laws or regulations onelectoral donations and spending except for presidential candidates.)The state allows unlimited third-party electoral spending which is separate from candidates andparties. (Source: The FDA researchers could no laws or regulations on third-party spending.)The state allows Egyptian corporations to donate to candidates and parties within the cap of 2percent of maximum spending allowed for presidential candidates. There is no spending cap oncandidates for the Peoples Assembly or Shura Council, or on political parties. (Source: The FDA Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 59
  • 60. researchers could no laws or regulations on donations from Egyptian corporations except for thedonation limit for presidential candidates.)The Egyptian President is nominated by 1/3 of the Peoples Assembly and must be elected by 2/3of the Peoples Assembly. The presidential candidate then participates in a peoples plebiscite andmust win an absolute majority. (Source: Egyptian Constitution, Article 76)The Peoples Assembly is comprised of 350 members. One haft of the members must be workersand farmers, which the state defines. The state allows the President to appoint ten members to theAssembly. (Source: Egyptian Constitution, Article 87)The state requires that presidential candidates have the support of at least 205 elected membersof the Peoples Assembly, Shura Council, and local popular councils on the governorate level, aslong as 65 of them are from the Peoples Assembly, 25 from the Shura Council, and 10 fromevery local council in at least 14 governorates. In all cases, support may not be given to morethan one candidate. (Source: Law No. 174 for the year 2005 On Regulating the PresidentialElections, Article 2)The state allows presidential candidates from political parties founded five years before thecandidacy and whose members have obtained at least 5 percent of the elected members of thePeoples Assembly and Shura Council. The presidential candidate must have been a member ofthe political party for at least one consecutive year. (Source: Law No. 174 for the year 2005 OnRegulating the Presidential Elections, Article 3)The election campaign is three weeks in length less two days prior to the day of balloting.(Source: Law No. 174 for the year 2005 On Regulating the Presidential Elections, Article 20)Electioneering through any media shall be only during the three week period. (Source: Law No.174 for the year 2005 On Regulating the Presidential Elections, Article 20)The state places the following restrictions on electioneering: 1. refraining from exposing thesanctity of the private life of any candidate; 2. commitment to maintain national unity andabstention from using religious slogans; 3. refraining from using or threatening to use violence;4. prohibition of offering gifts, donations, assistance in cash or in kind or any other benefits orpromising to offer them, directly or indirectly; 5. prohibition of using State-owned, public- sectoror public-business- sector owned buildings, facilities and means of transportation in the electionpropaganda in any form; 6. prohibition of using public utilities, place of worship, schools,universities and others public or private educational institutions for the election propagandapurposes.(Source: Law No. 174 for the year 2005 On Regulating the Presidential Elections,Article 21) The state imposes a fine between 10,000 LE and 100,000 LE to any citizen whoviolates Article 21. (Source: Law No. 174 for the year 2005 On Regulating the PresidentialElections, Article 54)The state requires state media to maintain an equality election propaganda of the candidates.(Source: Law No. 174 for the year 2005 On Regulating the Presidential Elections, Article 22)The state requires that opinion polls shall contain full information on the organizations behind Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 60
  • 61. the polls, and the collection methods used in the polls, questions asked etc. The state disallowspolls to be published within seven days of the balloting, and therefore, there is 14 days to publishand discriminate polls. (Source: Law No. 174 for the year 2005 On Regulating the PresidentialElections, Article 23)The state requires state media to maintain an equality election propaganda of the candidates.(Source: Law No. 174 for the year 2005 On Regulating the Presidential Elections, Article 23)The score of 0 percent means that the legislative basis for voter say is completely unfair. FDAauditors could find no overall element of fairness. Voters who oppose the state and itsConstitution, ideology and political parties, have no say in the electoral system except for notvoting. Even then, these voters would be fined by the state. The Egyptian electoral system iscompletely biased to the state and its political parties. Even legislative elements such as thestate reserving half the Peoples Assembly for workers and farmers is unfair, because itdiscriminates against other groups in society. Also, the state measures to assist disabled personswith voting and provide voting for diaspora are cancelled out by the unfairness of the voteitself. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 61
  • 62. Chapter Five: Audit ResultsChapter five will set out the FDA’s scores for each of the areas of the Egyptian electoral systemas set out above.1. Research and audit results for the fairness of Egyptian laws and regulations on the politicalcontent of media including newspapers, broadcasters, online media, before, during, and afterelections.0/102. Research and audit results for the fairness of Egyptian Laws and regulations on candidatesand parties influence before, during and after elections.0/103. Research and audit results for the fairness of Egyptian laws and regulations on electoralfinance.0/104. Research and audit results for the fairness of Egyptian laws and regulations on voter saybefore, during, and after an election.0/10Total score: 0 percent Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 62
  • 63. Chapter Six: AnalysisChapter six will provide a brief analysis of the FDA’s findings.Egypt received an overall score of 0 percent for electoral fairness. The score means that theconstitutional and legislative basis for Egyptian democracy is completely unfair. FDA auditorscould not find overall any elements of fairness. With reference to the FDA scoring scale, 0percent equates to an unacceptable failing grade: (F) unacceptable laws and regulations for acountry (i.e. numerous major deficiencies in most if not all of the following: laws and regulationsof the political content of media (including broadcasters and the press), electoral finances,candidate and party influence, and voter influence.) (Grade less than 50%).To put Egypts electoral fairness score in context, Egypt ranks last out of 27 countries and tiedwith 5 other countries:1. France 91.75% (A+)2. Venezuela 85% (A+)3. Bolivia 78.75% (B+)4. Norway 58.5% (D+)5. New Zealand 54.75% (D)6. Spain 42.25% (F)7. Finland 40.75% (F)8. Lebanon 37.5% (F)9. Iraq 35.25% (F)10. Denmark 35% (F)10. Russia 35% (F)12. Sweden 34.5% (F)13. Argentina 32.5% (F)14. United States 30% (F)15. Canada 25.75% (F)16. Azerbaijan 25% (F)17. Afghanistan 23.75% (F)18. Mexico 22.5% (F)19. Tunisia (under Ben Ali) 10% (F)20. Cameroon 2.5% (F)21. Yemen (under Saleh) 1.25% (F)22. Bahrain 0% (F)22. Egypt (under Mubarak) 0% (F)22. Iran 0% (F)22. Libya (under Gaddafi) 0% (F)22. Saudi Arabia 0% (F)22. Syria (under Bashar al-Assad) 0% (F)0 percent is the lowest score for electoral fairness attainable. So far in the FDA global electoralfairness audit, all six countries with a 0 percent score are from the Middle East. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 63
  • 64. Egypt received a 0 percent score in all four sections of the audit. Although there are elements ofelectoral fairness in the Egyptian electoral system such as caps on electoral donations andspending, and equality of state medias political content during the election period, theseelements are canceled out by offsetting unfairness, such as transparency of electoral financesonly available to the state and severe restrictions on freedom of speech such as the staterequirement that journalists not criticize the financial integrity of government officials and thestate imprisonment of citizens who are convicted of making false statements in the news. Thestate registration of political parties is the only area which came close to having overall fairness.However, after significant deliberation, FDA auditors determined that the states ban on religiousbased parties is unfair, because the people ought to have the choice and say in who theirrepresentatives are whether it is a religious based party or secular party, and the Constitution andhuman and political rights laws ought to provide protection against the tyranny of the majorityand special interests. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 64
  • 65. Chapter Seven: ConclusionChapter seven will provide a summary of the FDA’s findings.Because Egypt received an overall score of 0 percent and 0 percent in all four sections of theelectoral fairness audit, the FDA concludes that Egypt under Mubarak is undemocratic. Althoughthere is structure of democracy in Egypt, electoral system, judiciary, bicameral parliament, andpresidential executive, these elements do not guarantee electoral fairness or democracy.Egypt requires reform in all aspects of its electoral system. It is unclear how this reform can takeplace when the state bureaucracy and executive and parliamentary branches of government areinfiltrated with corruption and an authoritarian mentality. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 65
  • 66. Chapter Eight: RecommendationsChapter eight will set out the FDA’s recommendations on how Egypt can improve its electoralfairness score and thereby its electoral fairness.Egypt is in need of far reaching reforms of its Constitution and electoral legislation including thepenal code and media laws, and a renewal of political leadership. To simply replace PresidentMubarak and several Ministers, which took place in 2011, leaves the autocratic frameworkintact.The starting place for reform is political leadership which truly represents the will of the people.It is unclear to the FDA how this can manifest itself through the Supreme Council of the ArmedForces overseeing new Egyptian elections. Based on the FDAs findings, a revolution similar tothe French Revolution was required in Egypt, whereby the French political corruption was rootedout and a new Constitution and the Declaration of Rights and Man were enshrined as integraldocuments of French society. The Egyptian revolution failed to achieve this outcome, thisrenewal, this redirection, and therefore, the country remains in a fragile state. The forces ofEgyptian autocracy were only partially removed from political power, and therefore there is riskof them reasserting their control over the Egyptian people.The FDA does not think that new elections and minor changes to the Egyptian Constitution andelectoral laws will do much to improve democratic conditions in Egypt. In the coming months,the FDA will conduct another audit on Egypt to determine the degree of reform in Egyptspolitical system. The early indications suggest that the autocratic forces are adjusting to theEgyptian realities by modeling the new legislative framework to their advantage. For example,half the seats in the Peoples Assembly are now determined by first-past-the-post, and the otherhalf of the seats by a proportional system based on party lists. Apparently, the constituencies forthe party lists favor the large, established parties. Also, Constitutional reforms are stalled bydisagreement over the degree of inclusion of Islam in Egyptian society. The autocrats want tominimize the inclusion of Islam, while previously banned parties like the Muslim Brotherhoodwant to maximize the inclusion of Islam. (Source: Jeremy M. Sharp. “Egypt in Transition”,Congressional Research Service, September 21, 2011) Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 66
  • 67. References:Anti-Terror Law 92 of 2002.Arab Satellite Broadcasting Charter, February 2008.Egypt Constitution of 1971.Egypt Constitution of 1971 (Amended 2007).Egypt Election Act.Foundation for Democratic Advancement, Religion and Democracy in Egypt, Open discussion.Available at:http://foundationfordemocraticadvancement.blogspot.com/2011/10/religion-and-democracy-in-egypt.htmlGeneral Secretariat Law 73 of 1956 On the Exercising of Political Rights.Hamdy A. Hassan. “Civil Society in Egypt under the Mubarak Regime”, Afro Asian Journal ofSocial Sciences Volume 2, No. 2.2 Quarter II 2011.Hamdy A. Hassan. “State versus society in Egypt: Consolidating democracy or upgradingautocracy”, African Journal of Political Science and International Relations Vol. 4(9), pp. 319 -329, December 2010.Jeremy M. Sharp. “Egypt in Transition”, Congressional Research Service, September 21, 2011.Law 73 of 1956 on the exercising of political rights (Amendment, July 2000).Law No. 20 of 1936.Law No. 40 of the year 1977 Concerning the Political Parties System and its Amendments.Law No. 84 of 2002 (Associations Law).Law No. 162 of 1958 (Emergency Law).Law No. 174 for the year 2005 On Regulating the Presidential Elections.Mona El-Ghobashy. “The Praxis of the Egyptian Revolution,” Middle East Research andInformation Project.New Egypt Press Law 2006. Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 67
  • 68. Rasha Allam. “Egypt Media Assessment Report”, Cairo Institute for Human Rights.Available at:http://www.cihrs.org/Images/ArticleFiles/Original/505.pdfThe International Center for Not-for-Profit Law, Egypt, Updated October 6, 2011.United Nations Human Rights Council 7th Session of the Working Group on the UniversalPeriodic Review (8 - 19 February 2010), ICJ Submission to the Universal Periodic Review ofEgypt, August 2009Available at:http://www.icj.org/IMG/UPRSubmission-Egypt.pdf Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 68
  • 69. Appendix:The FDAs global electoral fairness audit results as of October 24, 2011: Foundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 69
  • 70. FDA Global Electoral Fairness Audit Results Overall Electoral Fairness Audit Scores <-- failing range|passing range --> 0% 20% 40% 60% 80% 100% France Venezuela Bolivia NorwayNew Zealand Spain Finland Lebanon Iraq Denmark Russia Sweden ArgentinaUnited States Canada Azerbaijan Afghanistan Mexico Tunisia Cameroon Yemen Bahrain Egypt Iran Libya Saudi Arabia Syria ©2011 Foundation for Democratic AdvancementFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 70
  • 71. FDA Global Electoral Fairness Audit Results Laws and regulations on the equality of political content of the media and broadcasters before, during, and after an election <-- failing range | passing range --> 0% 20% 40% 60% 80% 100% Russia Venezuela France Bolivia Norway Lebanon Spain Afghanistan Iraq Azerbaijan Denmark Finland SwedenUnited States Canada Argentina TunisiaNew Zealand Yemen Bahrain Cameroon Egypt Iran Libya Mexico Saudi Arabia Syria ©2011 Foundation for Democratic AdvancementFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 71
  • 72. FDA Global Electoral Fairness Audit Results Laws and regulations on the equality of candidate and political party influence before, during, and after an election <-- failing range | passing range --> 0% 20% 40% 60% 80% 100% France VenezuelaNew Zealand Bolivia Norway Spain Finland Lebanon SwedenUnited States Iraq Azerbaijan Afghanistan Argentina Denmark Russia Canada Mexico Bahrian Cameroon Egypt Iran Libya Saudi Arabia Syria Tunisia Yemen ©2011 Foundation for Democratic AdvancementFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 72
  • 73. FDA Global Electoral Fairness Audit Results Laws and regulations on the equality of electoral (campaign) finance <-- failing range | passing range --> 0% 20% 40% 60% 80% 100% France Venezuela BoliviaNew Zealand Finland Norway Argentina Denmark Lebanon Sweden Tunisia Azerbaijan Spain Cameroon Canada MexicoUnited States Afghanistan Bahrain Egypt Iran Iraq Libya Russia Saudi Arabia Syria Yemen ©2011 Foundation for Democratic AdvancementFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 73
  • 74. FDA Global Electoral Fairness Audit Results Laws and regulations on the equality of voter influence before, during, and after an election <-- failing range | passing range --> 0% 20% 40% 60% 80% 100% France Bolivia Venezuela Argentina Iraq Mexico Spain Canada Denmark FinlandNew ZealandUnited States Sweden Lebanon Norway Russia Afghanistan Azerbaijan Bahrain Cameroon Egypt Iran Libya Saudi Arabia Syria Tunisia Yemen ©2011 Foundation for Democratic AdvancementFoundation for Democratic Advancement | 2011 FDA Electoral Fairness Audit of Egypt Page | 74