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Introduction
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The NDP's Basic Principles Document affirms the Party's commitment to the
principle of citizenship as a base of full equality of rights and duties among
all Egyptians. The Citizenship and Democracy Paper, approved by the first
annual Conference, said that the Party banks on citizenship as having a
tangible impact on the sense of belonging, national unity and citizen's
participation in political activities. The Citizenship and Democracy Paper
highlights the party's confirmation of the rights of Egyptian citizenship
within the framework of a document that pinpoints the basic rights and duties
of citizens. Those are the same rights and duties secured by the Constitution
and the law. This Paper will function as a contract between the State and
citizens being a tool for spreading awareness on the one hand and a mechanism
for changing the cultural and administrative structure on the other. Citizens
can stick to the provisions of this document to attain their rights.
The Paper underlines the importance of formulating the citizenship document in
a simple way to introduce citizens' basic rights in a way that provides
citizens with the necessary information that makes them attain their rights
without any problem.
Thus, adopting those notions, the NDP offers the Egyptian Citizenship Paper.
The Paper is based on the principle that citizenship provides equal rights for
all Egyptians regardless of sex, origin, language, religion or faith.
This document is unleashed as a confirmation of the strong link between the
rights every Egyptian must enjoy and Egyptian citizenship based on the fact
that all rights in legislation stem from that citizenship. Citizens are
entitled to these rights as long as they have this citizenship in a society
that secures full attainment of citizenship rights.
Therefore, the Citizenship Rights Document is a political instrument, aiming at
invigorating citizens' basic rights and crystallising them in a detailed
formula according to the Constitution and the law.
The Citizenship Rights Document seeks to achieve two main targets: firstly,
identify citizens' basic rights so that it could be a tool for awareness and an
incentive for their attainment. Secondly, affirm the NDP's and the government's
commitment to citizenship rights either in the form of new bills to complete
the legal structure or in the form of general policies.
The NDP's government is committed to translating these rights into a tangible
reality.
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The Document covers the following rights: (1-19)
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1-The right to life.
2-The right to nationality
3-The right to equality
4- The right to private ownership and economic
activities
5-The right to education
6-The right to healthcare
7-The right to work and just conditions.
8-The right to social solidarity
9-The right to free thinking and expression
10-The right to freedom of faith and worship
11-The right to running in election and
parliamentary representation
12- The right to forming political parties
13- The right to forming trade unions and
syndicates
14- The right to privacy
15- The right to noble human treatment and
prevention of torture
16- The right to effective justice
17-The right to free travel
18- The right to information
19- The right to a clean environment
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1- The right to life
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Citizens' right to life is the cornerstone of all citizenship rights. That
right requires respect for citizens' right to existence as well as fighting all
illegal practices that could threaten their life.
This right entails protecting citizens against detention or abduction as well
providing them with housing, food, clothing, necessary medical care and social
services. This right also entails recognising citizens' financial statuses,
names and nationality in the light of the constitution.
The Egyptian Constitution secures cultural, social and medical services
(Article 16) and social and health insurance services (Article 17).
The right to life is based on the following:
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The right to life is for all citizens the law has to protect it
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Acknowledging every citizen his legal status
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Each newly born baby must be registered in the official records and given a
name on birth
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No citizen will lose life except by law
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No capital punishment will be applied except in the most dangerous crimes
according to legislation
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A citizen sentenced to death has the right to seek amnesty or an alternative
verdict
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A death sentence cannot be carried out on a pregnant woman
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A death sentence cannot be applied on citizens under 18.
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2- The right to nationality
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A citizen has the right to obtain nationality on birth by registering in state
records.
Nationality pertains to individuals' identity and thus no person can be
deprived of his nationality. By the same token, no person can ever be deprived
of the right to change his nationality.
The right to nationality is linked to the right to shelter inside one's
country. The state is not responsible for providing shelter for those who do
not hold its nationally who live on its territories except within the limits of
international conventions. Nationality secures all human rights for citizens.
According to the Constitution, article 6 of the law regulated the Egyptian
nationality. A child of an Egyptian woman is entitled to an Egyptian
nationality just as a child of an Egyptian man, according to amendments
introduced to the Egyptian nationality law 26/1957.
That right is based on the following:
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Every citizen's right to have an Egyptian nationality
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Equal right of children of Egyptian citizens, men and women, to obtain the
Egyptian nationality
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Offering the chance for Egyptians who have once given up their nationality to
get it back
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A citizen's right to changing his nationality
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Limiting the reasons for revocation of nationality making the law the only
regulator in this regard
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3-The right to equality
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The right to equality affirms that all citizens are equal before the law,
without any distinction in getting rights.
The Constitution stresses that all citizens are equal before the law. Those
citizens are equal in their rights and national duties. There is no distinction
between those citizens due to race, origin, language, religion or faith
(Article 40). The State should ensure cohesion between a woman's duties toward
her family on one side, and her work on the other (Article 11).
This right is based on the following principles:
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Equality before the law and equal opportunities for all citizens.
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Citizens should be allowed to practice their political freedom without any
distinction according to the law.
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Equality in the judiciary with no distinction between litigants.
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This right aims at combating all forms of hostility or distinction among
citizens.
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Enjoying citizenship rights without discrimination due to race, colour,
language, religion or belief.
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Equality in holding posts and equal chances for all.
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Fighting all forms of discrimination against women in all aspects.
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4- The right to private ownership and economic activities
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The right to private properties is one of the basic rights of citizens as it is
related to their right to leading a decent life and the right to reap the
fruits of their work.
Private property is essential for a sense of belonging and a catalyst for
development as well as stability.
Depriving citizens of private property in breach of the law, curbing their
freedom to develop wealth by legal means or putting obstacles to hinder their
progress in industry, trade or production means stripping them of one of their
basic rights; the right to private property, that is to say.
Maintenance of citizens' private property under the umbrella of law benefits
the whole society as it becomes a haven of production; one that depends on
local citizens' efforts. This type of society is able to preserve the rights of
the poor and the weak by means of social solidarity, such as taxes, which are
taken from the rich to be given the poor.
The Egyptian Constitution underscores that private ownership is maintained in
the best interests of the national economy. It also refers to the impossibility
of sequestrating private property without legal support. Private property can
not be confiscated unless there is a public urgency with due compensation to
people whose properties have been taken away (Article 34). Constitutional
principles are fixed and well-known.
This right is based on the following principles:
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Every citizen has the right to own something either by himself or with
partners.
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The right to private economic activities.
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Nationalisation of properties would not take place unless for a public benefit
in accordance with law with due compensation to those whose property has been
sequestered.
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Preventing sequestration of money.
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Sequestration should be based on a court ruling.
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5- The right to education
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Citizens can bank on good education to enable them to take part in the
development of society.
Education should aim at achieving integral development of citizens' character
and supporting their respect for their basic rights and freedoms. Education
should also stress on the principles of understanding and tolerance.
Educational curricula should be the way to train students on moral and cultural
values helping them to the various explore realms of knowledge.
The Egyptian Constitution assures that education is a right, which is provided
by the State.
Education is mentioned in (Article 18) which stipulates that state-provided
education is for free (Article 20).
Eliminating illiteracy is also a national duty, which should be carried out by
efforts on all levels (Article 21). The state secures freedom of scientific
research and literary innovation, art and cultural creation in addition to
providing all tools to achieve that for citizens (Article 49).
This right is based on the following:
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The right to education in all stages.
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Improving education and raising its quality.
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Citizens should get the education that suits their potentialities and
ambitions.
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6- The right to healthcare
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The state is committed to taking preventive measures to protect citizens'
health. It is also committed to treating citizens from epidemics. It should
also offer a high-standard healthcare for citizens and reduce mortality rates.
It should protect citizens' health and their psychological safety.
This right must be espoused by a framing of regulations to protect individuals
in society.
Citizens should not harm each other's health. This right is linked to the right
to living in a clean environment away from pollution.
The Constitution emphasises that the state should provide healthcare, social
services and social and medical insurance. It should provide financial aid to
the disabled, unemployment and the elderly according to (Article 17).
This right is based on the following principles:
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Extending the umbrella of health services to cover all the citizens.
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Offering citizens with quality healthcare.
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Offering citizens with regular, organised and continuous healthcare.
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Citizens' right to a clean environment.
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Providing the necessary treatment of epidemics.
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Children's right to good medical care.
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The right to spreading medical awareness.
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7- The right to work and just labour conditions
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This right aims to achieve financial security for citizens through providing
them with job opportunities and paying them in a way that suits the kind of
work they do.
The State, according to this right, is committed to providing proper
circumstances for labourers as well as establishing syndicates and trade unions
allowing labourers to strike when they reckon fit.
The Constitution confirms that work is a right, a duty and an honour that the
state is committed to. Citizens should not be forced to do a certain job
without getting suitable payment (Article 13).
This right is based on the following:
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The state should admit the right to work for all citizens without
discrimination.
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Providing the most possible number of jobs for citizens, taking into
consideration labourers' dignity.
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The right to have suitable pay to secure a dignified life for workers.
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The right to a just and satisfactory work for all the citizens.
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The right to limited work hours with health standards taken into consideration.
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The right to get suitable vacations with good payment.
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The right to have safe work conditions and insurance against work risks.
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The right to protection against unemployment and compensation if one is drive
out of work without convincing justifications.
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The right to peaceful strikes to give workers the chance to defend their
economic and social interests in the light of the constitution and the law.
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Children's right to protection against economic exploitation.
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8- The right to social security.
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Social security systems are based, including social insurance, on the principle
of solidarity. These systems aim to give citizens social and medical coverage.
Social security is a basic social right for citizens.
The constitution stipulates the state is committed to protecting childhood and
motherhood caring for youth and offering them with convenient conditions to
develop their skills (Article 10). The State should offer health and social
insurance services, benefit for the unemployed, disabled and aged (Article 17).
This right is based on the following:
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Every citizen has the right to lead a suitable life.
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Care must be given to motherhood and childhood.
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Mothers have the right to special care before and after giving birth. Working
women entitled to a paid vacation.
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9- The right to free thinking and expression
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Every citizen is entitled to the right to freethinking, innovation and free
speech in accordance with the law. This particular right reflects on the level
of civilisation the state has reached.
This means that citizens have their opinions about both local and international
events.
The Constitution affirms this citizenship right, which can be expressed through
press publications, photographing or any other means of expression.
This right is based on the following:
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Opening the door for all means allowing freethinking and expression.
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Citizens' right to seek information and circulate it.
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Securing the process for attaining information.
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10-The right to freedom of faith and religion
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Citizens should enjoy religious freedom. This right rings in free religious
practice for citizens. The Constitution stipulates that all citizens are equal
before the law as far as their rights and duties are concerned. There should
not be any discrimination between citizens because of their religion or faith
(Article 40). The State is committed to protecting freedom of religion and
religious rituals.
This right is based on the following principles:
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Citizens are entitled to free religious practice
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Citizens have the right to learn or teach religious principles in a group or
individually.
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Citizen should respect other citizens' religions and faith
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Respect for religious feasts of all citizens
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11- The right to running in election and parliamentary representation
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This right prods citizens to get involved in political life either in person or
through representatives of choice. It ascertains citizens' right to run in
elections securing the right to cast their votes and express their opinions
freely.
The right also guarantees fair elections and enables parliament to play the
role the constitution frames for it.
According to the constitution citizens are entitled to the right to cast their
votes in elections and express their opinions in referenda. Citizens'
involvement in public life is even a national duty (Article 62). Polls should
be subject to judicial supervision (Article 88). The People's Assembly is the
authority that decides on legislation and state policies let alone economic and
social development plans and state budget. It is also responsible for
supervising policy implementation (Article 8). MPs have the right to propose
new legislation (Article 109). Cabinet members can be interrogated in the
People's Assembly about state policies (Article 125-126). MPs should not be
castigated for a certain proposal inside the legislature (98).
The Constitution stipulates the formation of municipal councils through direct
balloting. The law secures power transfer to these councils gradually.
This right is based on the following principles:
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Citizens right to run in elections according to the law
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Citizens' right to caste their vote in general elections
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Election fairness through judicial supervision
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Ensuring that MPs are doing their duties properly according to law and the
Constitution.
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12- The right to forming political parties
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Democracy creates an atmosphere where political parties flourish. This means
that citizens are entitled to establishing or joining political parties and
taking part in their activities.
The Constitution included plurality for Egypt as a political system. The law
should organise the process of establishing political parties (Article 5).
This right depends on the following principles:
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The right to establishing political parties and taking part in political
activities
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The right to join any political party without restrictions
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A political party can not be dissolved without a court ruling
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The right of the parties to publicise their ideas and spread information about
their activities
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The right to participate in elections on all levels
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The right to establish a newspaper for the party according to the law
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The right to use public media during elections
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The right to get state-provided financial aid
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Preventing attempts deny citizens their right to join a certain political party
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13- The right to forming trade unions and syndicates
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This right enables citizens to improve their social status. Syndicates and
unions are tools for citizens' expression of their views and defending their
rights in a collective way.
The Constitution confirms that this right is dictated by the law. But,
citizens' being entitled to the right to establish syndicates and unions does
not include the right to establish associations that are inimical to state and
society (Article 55).
Establishing unions and syndicates on a basis of democracy principle is a right
secured by the law (Article 56). The law also secures the right of labourers to
form syndicates.
This right is based on the following principles:
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Citizen are entitled to the right to form or join a syndicate or trade unions
without restrictions in the light of Egypt's national security and stability
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Citizens are entitled to the right to attend syndicate or union meetings freely
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Citizens are entitled to the right to join syndicates and association
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Syndicates, trade unions and associations are free to practice their activities
without restrictions according to the law
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14- The right to privacy
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Preserving citizens' privacy is necessary for the progress of society. Citizens
have the right to decide on the amount of information they would let about
their private lives. This right is linked to other rights like citizens' right
to choose their house wherever they like and change this house whenever they
like. This right entails that citizens' houses can not be searched without a
legal backing (Article 44). The Constitution secures principles and rules that
achieve sanctity for citizens' houses.
Communication also falls under citizens' privacy (Article 45). A violation of
the personal freedom of citizens is a crime that the state should pay a fair
compensation for (Article 57).
This right is based on the following:
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Protecting citizens' dignity, their feelings and reputation
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Citizens' privacy should not be violated
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Citizen should not be targets of reputation tarnishing campaigns
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Citizens have the right to full communication privacy
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Citizens are entitled to the right to have a house that would not be searched
legal backing
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15- The right to noble human treatment and prevention of torture
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Torture is a grave violation of the physical, mental and psychological safety
of citizens. It is a serious infringement of humanity. Torture is not allowed
in any form or under any circumstances.
Citizens can not be tortured, threatened or punished severely or even treated
in an inhuman way. They should not be offended or maltreated when they are
convicted.
The Constitution stipulates that citizens must be treated humanly if indicted.
If proven guilty citizens should perform their sentences in suitable prisons.
Citizens can not be exposed to torture. If reached through force, confessions
extracted from citizens would not be considered (Article 42).
The Penal Code prevents torture under all circumstances. According to the code,
rights can not be lost wit the passage of time (Article 215 - 259/2).
Confessions that are taken by force can not be considered in the courthouse
(Article 302/2).
This right is based on the following principles:
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Citizens right not to be exposed to any type of torture.
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Confessions would not be considered valid if they are taken by force.
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Citizens right to be protected from degrading, inhuman or severe punishments.
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A Government official who would torture or order the torture of citizens would
be punished.
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Officials who use torture with inferiors in position would be punished.
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16- The right to effective justice
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This right means that citizens can not be arrested or indicted not depending on
a legal backing. This right aims to emphasise that state authorities will not
use violence against citizens. This right also includes independence of the
judiciary and securing the right to litigation.
The Constitution stipulates that personal freedom is a natural right that is
secured the law. Citizens can not be arrested, searched or detained without
being found guilty. A detention order must be issued by a specialised judge or
the public prosecutor's office (Article 41).
The state is responsible for preserving the security of society preventing any
aggression against citizens' life or money. The Constitution stipulates that
the supremacy of law is the base for governance (Article 64). The judicial
authority is fully independent (Article 165). Judges are independent and no
authority can have any control over their decisions (Article 166). Judges can
not be fired (Article 168).
Citizen can not be punished without a law (Article 66). A defendant is innocent
until proven guilty in a trial, which secures his right to defend himself
through a lawyer (Article 67). Filing lawsuits is a right for all citizens that
the State secures (Article 68). The defendant can defend himself or through a
lawyer on his behalf.
Citizens who are detained or arrested must be told immediately about the reason
for their detention given the right to petition within a certain period of time
(Article 71).
This right is based on the following principles:
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Citizens have the right to resort to the judiciary to get their rights.
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Citizens have the right to be told about the nature of the accusation levelled
against them.
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The defendant is innocent until proven guilty.
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Indictment and consequent punishment must be according to the law.
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A defendant has the right to defend himself given sufficient time to prepare
his defence.
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Citizens have the right to appear in court and defend themselves or even argue
the witnesses if there are any.
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If a defendant is tried in absentia, a sever punishment would not be given him
when he attends the trial later.
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Officials do not have the right to extract confessions from citizens by force.
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No authority could intervene in the proceedings or fire the judges.
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A defendant has the right to appeal in the higher courts.
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Poor citizens have a right to financial aid to hire a lawyer.
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17-The right to free travel
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Citizens have the right to travel freely from one place to another inside the
country. They also have the right to leave the country or come back whenever
they like. Citizens do not need to get a permission to return to their country.
Citizens can choose the governorate where they want to live inside the country
freely.
The Constitution stipulates that the State can not force a citizen to live in
one place (Article 50). The State can not prevent citizens from returning to
their country either (Article 51). Citizens have the right to temporary or
permanent immigration. (Article 52).
This right is based on the following principles:
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Citizens right to live wherever they want.
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Citizens right to travel freely whenever they want according to the law.
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Citizens right to come back home when they want.
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Citizens right not to be prevented from returning or leaving the country.
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18- The right to information
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This right is linked to freedom of speech. It means hat citizens have the right
to transfer, circulate and receive information with others using any means of
communication. Citizens' right to demand information, data and ideas is also
included in this right.
This right is linked also to media freedom given the fact that citizens can not
enjoy the right to information in the absence of free media.
The Constitution secures freedom of the press. Censorship over the press is
unacceptable (Article 48).
The right to information also opens the door for a free press in an atmosphere
where people hold the message of media in high esteem with the best regard to
citizens' privacy (Article 207).
Pressmen have the right to obtain information according to the conditions that
the law defines. No authority has the right to watch journalists except the law
(Article 210).
This right is based on the following principles:
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Offering citizens with the information they want within the limits of the law.
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Citizens' right to receiving information freely.
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The right to protect the freedom of media.
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19- The right to a clean environment
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Citizens have the right to live in a clean environment that is free from harms
that might damage their health. This right is stated in international
conventions being reflected in national legislation. The environment is the
frame where citizens can enjoy their rights especially the right to life.
Citizens can not enjoy their rights if there are any problems in the
surrounding environment. They have the right to live in a healthy and clean
environment. A clean environment enables citizens to get their basic food needs
in a health environment. Environment Law No4 for the year 2004 has laid out the
framework for protecting the environment.
This right is based on the following principles:
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Citizens have the right to live in a clean and healthy environment.
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Citizens have the right to be given the necessary means to protect them against
infectious diseases.
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Combating all sources of pollution.
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Preserving national resources and developing them to keep for posterity.
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Conclusion
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The NDP banks on invigorating citizens' basic rights as important pillars of
its policies and the policies of its Government. The policies the NDP and its
Government adopted during the last few years may reflect the party's commitment
to these basic rights.
The NDP views citizenship rights in the framework of a general scheme, taking
into consideration that invigorating these rights is a continuous and incessant
aim. It knows for certain that to invigorate citizenship rights needs
relentless work.
The party's and the Government's policies in this regard go in different
directions most important of which is the need to develop the legislative
structure which is concerned with the citizen's basic rights. The NDP also
intends to complete basic structures that secure these rights for citizens.
Abolishing State Security Courts, abolishing hard labour as a punishment and
abolishing the martial orders as well as establishing the National Council for
Human Rights all reflect the NDP's and the Government's commitment to
citizenship rights As part of its bid to bolster women's citizenship rights to
prevent any discrimination the NDP devised Law No1 for the yea 2000, which
regulates litigation in personal status cases. That law is considered a step
forward on the way of upgrading the procedural structure of personal status
issues. The party also laid out Law No 10 for the year 2004 which stipulates
the importance of establishing Family Courts, which deal with personal status
conflicts.
Law No11 for the year 2004 activates the family insurance system. This law
secures alimony preserving the stability of Egyptian families. Law No154 for
the year 2002, which amends law No26 for the year 1975, regulates the granting
of the Egyptian nationality to the children of Egyptian fathers and mothers who
are married to foreigners.
The Government of the party adopted many procedures that aim at upgrading the
services offered to citizens. The Government also improved election rolls
registration systems going surely on the way of completing the National
Identification Number project for IDs to be used in polling stations.
Meanwhile, the NDP secured the right to education for all underlining the
importance of high quality education. The party established the National
Authority for Quality Assurance in education decentralising the educational
institutions.
In the field of health, the NDP and its government left no stone unturned to
invigorate medical care extending medical insurance to cover all citizens.
On the economic front, the NDP and its Government adopted policies that aim to
increase economic growth so as to create more job openings. The party does its
best also to increase citizens' income, prevent monopoly while attempting to
rein in price hikes.
In the field of transport, the NDP and its Government adopted policies that aim
to improve on services in this important sector to secure citizens' safety.
The party also devised the labour law of 2002, which regulates the relationship
employers and employees to strike a balance in the commitments and rights of
both sides.
The NDP consulted with professional associations and syndicates cadres when it
proposed an amendment of Law No100 for the year 1993 to give syndicates and
associations a free hand in solving the problems of their members.
The party also played a big role encouraging non-governmental organisations to
be involved in the development process as a partner of the government. This has
been reflected in Law No84 for the year 2002.
The Party banks on the state to achieve effective justice through legislative
reforms
in order to best serve development.
The NDP also tries its best to increase political participation by amending
legislation regulating this process, such judicial supervision over the
elections. The party had suggestions in relation to decentralisation.
Finally, the NDP stresses that invigorating citizenship rights is an
unrelenting process. So are economic, political and social reforms.
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