United Nations A/HRC/14/17 Distr.: General 26 March 2010 Original: English General Assembly Human Rights Council Fourteenth session Agenda item 6 Universal Periodic Review Report of the Working Group on the Universal Periodic Review* Egypt * Previously issued under document symbol A/HRC/WG.6/7/L.16. The annex to the present report is circulated as received. GE.10-12548 A/HRC/14/17 Contents Paragraphs Page Introduction............................................................................................................. I. Summary of the proceedings of the review process ................................................ A. B. II. Annex Composition of the delegation ................................................................................ Presentation by the State under review........................................................... Interactive dialogue and responses by the State under review........................ 1-4 5-94 5-26 27-94 95-100 3 3 3 5 12 Conclusions and/or recommendations..................................................................... 24 2 A/HRC/14/17 Introduction 1. The Working Group on the Universal Periodic Review (UPR), established in accordance with Human Rights Council resolution 5/1 of 18 June 2007, held its seventh session from 8 February to 19 February 2010. The review of Egypt was held at the 15th meeting on 17 February 2010. The delegation of Egypt was headed by Mufid Shibah, Minister of State for legal and Parliamentary Councils. At its 17th meeting held on 19 February 2010, the Working Group adopted the report on Egypt. 2. On 7 September 2009, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of Egypt: China, Italy, Madagascar. 3. In accordance with paragraph 15 of the annex to resolution 5/1, the following documents were issued for the review of Egypt: (a) A national report submitted/written presentation made in accordance with paragraph 15 (a) (A/HRC/WG.6/7/EGY/1); (b) A compilation prepared by the Office of the High Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/7/EGY/2); (c) A summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/7/EGY/3). 4. A list of questions prepared in advance by Argentina, Czech Republic, Denmark, Germany, Ireland, Latvia, Netherlands, Norway, Sweden, Switzerland and United Kingdom of Great Britain and Northern Ireland was transmitted to Egypt through the troika. These questions are available on the extranet of the UPR. I. A. Summary of the proceedings of the review process Presentation by the State under review 5. The head of delegation, Mufid Shihab, Minister of State for Legal and Parliamentary Councils, reaffirmed the high appreciation of Egypt for the universal periodic review and its confidence in its value. The Egyptian national report was prepared through an integrated institutional process and a widespread consultation with the civil society, which is due to continue after the review. 6. The Constitution contained the fundamental rights of citizens which are inderogable and set the principle that sovereignty lies solely with the people. The multiparty system was introduced in 1981 and the president is elected through direct elections among multiple candidates. 7. International human rights conventions, most of them having been ratified by Egypt, constituted an essential element of the legislative framework. Periodic reviews were being undertaken to review the very few reservations made upon ratification. 8. The judiciary was considered the most effective mechanism to protect human rights, such as the State Council and the supreme constitutional court. 9. Egypt attached special importance to human rights monitoring mechanism, as demonstrated by the recent submission of various national reports to treaty bodies and the visit to Egypt of several Special Rapporteurs. 3 A/HRC/14/17 10. In 2007, the Constitution was amended to further strengthen the notion of citizenship, as the only source for the enjoyment of citizens of their rights without discrimination. Egypt mentioned the numbers of torture cases brought to justice. Police staff received human rights training during initial trainings and periodically thereafter. 11. Freedom of opinion and expression was constitutionally guaranteed and has been widened over recent years. There was no censorship or liability, except as provided by law. Freedom of religion was guaranteed in the Constitution and was not limited by law. Personal status was ruled by provisions related to the religion of each individual. Freedom of worship was guaranteed as demonstrated by the construction/reconstruction, repair of many churches over recent years. 12. Economic, social and cultural rights enjoyed a high priority and Egypt developed plans and policies notably relating to the rights to food, to adequate housing, and to access to social services. Regarding the right to health, Egypt notably doubled public spending on health and a draft law for health insurance for all was under preparation. Access to drinking water is guaranteed to all Egyptian cities. Egypt is committed to provide free education at basic and higher education. 13. Women's empowerment was enhanced through a law allocating 64 seats at least in the People's Assembly. Egypt was also able to take significant steps towards eradicating female genital mutilation including by criminalizing it. Trials had already started for those involved in trafficking in persons and a draft law to combat this phenomenon was currently discussed. 14. Egypt responded to some advance questions. It recalled that the state of emergency was established in 1981 after President Sadat's assassination, followed by further assassinations and, more recently, by terrorist operations against foreigners. The President pledged to lift it as soon as the new anti-terrorism law will be adopted. The new law will strike the balance between human rights and security imperatives. 15. Recently only very few civilians were referred to military or emergency courts and the normal criminal code was applied. These courts did not present substantive differences with civil courts. 16. In answering advance questions, the Egyptian delegation said that the ratification of the Optional Protocol to the Convention on Torture raises legal issues, as the legislation limits the right to visit detention centres to public prosecutors. Egypt was ready however to reconsider this issue in the future. 17. Human rights training was provided to 16000 administration of justice officials during the four past years within the framework of a capacity building programme. 18. Over decades, relations between Muslims and Copts have been healthy and positive. Recent tensions were mainly associated 4 A/HRC/14/17 mentioned. Recommendations made during the dialogue are to be found in section II of the present report. 28. Saudi Arabia stated that the Egyptian Constitution provides for a range of general principles related to human rights and that Egypt cooperated with treaty bodies. Saudi Arabia stated that Egypt faced many challenges including relating to housing and posed a question on measures taken and obstacles encountered in this regard. Saudi Arabia made recommendations. 29. Lebanon stated that Egypt had made tangible achievements in the area of human rights, notably with regard to the advancement of women and education. Lebanon made recommendations. 30. Morocco enquired about additional information on initiatives relating to human rights education. Morocco appreciated Egypt's efforts to increase literacy, its cooperation with UN agencies and the Ministry Education's comprehensive plan to incorporate human rights in the curriculum. Morocco made a recommendation. 31. Algeria enquired about Egypt's experience in combating terrorism while ensuring human rights and about expected results of the budget allocation to promote children's rights. Algeria made recommendations. 32. Palestine, noting Egypt's sincerity in addressing human rights issues within its existing constitutional and legislative framework, wished to receive additional information on efforts undertaken in the area of women's rights and on Egypt's experience with the Ombudsman Office attached to the National Council for Women and with the helpline of the National Council for Children. Palestine made recommendations. 33. Bahrain noted Egypt's efforts to improve the situation of human rights in its society and address the challenges it was facing. In this regard, Bahrain appreciated efforts to ensure access to health for all citizens through the creation of primary health care centres as well as mobile medical units offering free diagnostic services and treatment in remote areas. Bahrain also highlighted Egypt's efforts to guarantee the rights of persons with disabilities and wished to know more about programmes to provide such persons with employment. 34. Qatar highlighted constitutional principles and provisions related to human rights as well as Egypt's adhesion to most international human rights instruments. Qatar appreciated achievements in the area of social, economic and cultural rights as well as tangible improvements in human development generally. Qatar made recommendations. 35. Oman noted that Egypt was a party to the international core human rights instruments and that a number of connected governmental and non-governmental institutions had been established. Oman observed that human rights protection, as part of broader reform efforts, was a strategic choice for Egypt, as shown in constitutional and legislative human rights related provisions. Oman appreciated the achievements made and expressed confidence that Egypt would continue to take additional efforts in this area. 36. The United Arab Emirates commended Egypt on its constructive engagement with the United Nations human rights system, particularly special procedures, noting official visits by two mandate holders in 2009. The United Arab Emirates made a recommendation. 37. Syrian Arab Republic noted with appreciation the Cairo's efforts, in cooperation with other Arab states to draft the first Arab Charter on Human Rights. While noting the special budget line for children's rights protection, Syrian Arab Republic asked about results of measures taken to promote children's rights. Syrian Arab Republic made recommendations. 6 A/HRC/14/17 38. India appreciated Egypt's efforts to strengthen human rights and noted that it is consolidating its multi-party democracy and plans to lift the state of emergency. It also recognized achievements in the domain of economic, social and cultural rights. India asked about measures to address the impact of structural adjustment policies and the global economic crisis. India encouraged Egypt to continue to strengthen its developmental efforts for religious minorities and non-denominational religious groups. 39. Cuba asked Egypt to comment on the challenges it faces regarding the right to development. It also requested information about the impact of the economic and financial crisis on the right to work, as well as measures undertaken to promote employment. Cuba made recommendations. 40. Indonesia noted with appreciation the frank and open approach of the national report towards the issues and challenges encountered by Egypt to ensure enjoyment of human rights. Indonesia noted Egypt's responsiveness to the issue of high illiteracy rate. Indonesia enquired how Egypt plans to follow up the recommendations of universal periodic review. Indonesia made recommendations. 41. Jordan welcomed Egypt's efforts to reinforce the legislative and institutional framework for human rights. The delegation noted progress in promoting gender equality and increased opportunities for women's public and political participation. Jordan made a recommendation. 42. France took note that the Emergency Law will be lifted once the new antiterrorism law will be adopted. It welcomed the commitment of Egypt to amend its Penal Code relating to the definition of torture. France noted that a high numbers of crimes remain punishable by the death penalty. France made recommendations. 43. Belarus noted that Egypt paid special attention to combating child labour, among others. It welcomed Egypt's strong policy on combating human trafficking. Belarus indicated that the Russian Federation endorsed its statement. Belarus made a recommendation. 44. Malaysia acknowledged socio-economic improvements. and asked the delegation to elaborate on the activities and programmes under "gender issues" in the economic and social development plan for 2007-2012. Malaysia made recommendations. 45. Kuwait, as referred to in paragraph 27 of the present report, stated that the Egyptian report has shown the accomplishments achieved in the field of human rights and underlined the establishment of the human rights institutional framework. Kuwait made recommendations. 46. Azerbaijan welcomed the cooperation of Egypt with different human rights mechanisms and special procedures of the Human Rights Council. It further asked how the government will guarantee the right to health, education and food for the poorest sectors. Azerbaijan made a recommendation. 47. Lao People's Democratic Republic noted Egypt' accession to all UN human rights treaties, progress made in promoting human rights culture and strengthened capacity of Egypt to meet its obligations in human rights. It appreciated Egypt's responsiveness to challenges and problems its citizens face in enjoyment of their rights. Lao People's Democratic Republic made recommendations. 48. Norway expressed appreciation for Egypt's active participation in the UN Human Rights machinery and emphasized its role as a bridge-builder in the Durban Review Conference. It also stressed that 64 seats of the People's Assembly are reserved for women in this year's parliamentary elections. Norway concluded with reference to concerns raised regarding the draft anti-terrorism law. Norway made recommendations. 7 A/HRC/14/17 49. Czech Republic expressed appreciation for the informative statement of Egypt's Delegation. Czech Republic made recommendations. 50. Spain underscored the possibility that Egypt do not extend further the state of emergency which has been in force since 1981. Spain made recommendations. 51. China noted with appreciation Egypt's commitment in improving its population's standard of living, the reforms to combat corruption, increase in employment and improved social security. It noted with appreciation the sustainable reforms adopted by national consensus. China made a recommendation. 52. In reply, Egypt noted, with regard to the participation and representation of women in public office and political life, that the Constitution and other laws did not allow any discrimination against women and that, if there was a problem in practice, the Ombudsman looked into such situations. The National Council for Women also had a role in proposing legislation and making recommendations, including on the settlement of complaints. There were also a number of programs for the empowerment of women in the political field. The Labour Code guaranteed full equality between men and women with regard to employment and wages, and any discrimination in this regard was sanctioned by the courts. Provisions in the labour legislation also aimed to ensure that women can reconcile their work with taking care of children; and the insurance law guaranteed that women could participate in the retirement benefits of their spouses. Specific programs had been designed to assist women finding employment which suited their needs. 53. Egypt stated that the right to education was guaranteed by the Constitution and that education was free for all and at all levels. Egypt had tried to address deficiencies in the education system in order to make it more practically oriented, including through improvements to text books and curricula; the dissemination of educational through the media; and encouragement for the creation of private schools to decrease the burden on public education. Egypt affirmed that progress in the quality of education was aimed equally at young women and men. Egypt underlined that efforts undertaken over the past 20 years had greatly reduced the rate of illiteracy, noting that a national plan had been adopted to reach out illiterate persons, promote literacy through assistance with school enrolment; encourage adults, once literate, to find work according to their skills; and assist persons of older age to join learning activities in cultural centers. Special attention was paid to literacy programmes for women. 54. With regard to housing, Egypt referred to its national plan which envisaged the construction of half a million housing units for persons of low income, which plan would be completed in the next few months. 55. Egypt explained that remote areas had benefited from mobile health services; that life expectancy had increased and that the rate of child and maternal mortality had decreased. 56. Relating to children's rights, Egypt highlighted the role of the Council of Childhood and Motherhood and the allocation of dedicated resources for child development. The commitment to children's rights was also realized through a national program to expand community education in deprived areas, with the aim of providing quality education for all, and with a special focus on the education of the girl child. In addition, Egypt noted that progress had been made in combating the worst forms of child labour, and that committees had been established at the national and provincial level to design measures necessary to protect vulnerable children, in close cooperation with civil society and international organizations. 57. Austria referred to reports indicating that torture and ill-treatment of detainees are still widespread and that investigations on allegations are often not pursued. It also 8 A/HRC/14/17 expressed concern about persisting discrimination against religious minorities; in particular the Copts. Austria made recommendations. 58. Bhutan asked for additional information on achievements and obstacles in combating female genital mutilation and about measures undertaken to overcome them, and the role of religious establishments on this issue. Bhutan enquired about additional information on the Human Rights Capacity Building Program. Bhutan made recommendations. 59. Canada acknowledged Egypt's recent progress on human rights. However, it expressed concern about the absence of independent election monitoring and the fact that that the state of emergency has remained in force since 1981. It was also concerned about incidents of physical abuse, including torture by police and security forces, as well as about the condition of religious minorities, and reports of fines, assaults, or imprisonment of journalists and bloggers. Canada made recommendations. 60. Tunisia referred to the comprehensive National Action Plan for Children, which was successful in addressing complex issues, including street children and child labour and asked for more information on efforts to address these two phenomenons. Tunisia made a recommendation. 61. While noting reports on discrimination against religious minorities, Brazil encouraged Egypt to continue its efforts to ensure freedom of religion and belief. Brazil also encouraged Egypt to consider positively issuing a standing invitation for special procedures. It inquired whether Egypt could further comment on its ongoing efforts to harmonize human rights and counter terrorism initiatives. Brazil made recommendations. 62. Venezuela highlighted the policies undertaken by the Government related to the promotion and protection of cultural rights. The delegation made reference to the cultural empowerment of traditionally excluded sectors of the population, by means of access to the public libraries created across the country and through the project "Family Libraries." Venezuela made a recommendation. 63. Mexico indicated that it is expectant regarding the lifting of the state of emergency announced in the national report. It made recommendations. 64. Pakistan noted the elaborate constitutional and legal framework to ensure human rights. It welcomed the President's pledge to repeal the existing state of emergency and noted the creation of a national committee to develop a balanced anti-terrorism law. Pakistan asked about the status of the law and timeframe for its adoption. Pakistan noted with appreciation Egypt's frank acknowledgement on the constraints and challenges faced in protecting human rights. Pakistan made a recommendation. 65. Nigeria commended Egypt for its commitment to the human rights protection, as demonstrated by the ratification of the core United Nations human rights instruments and various regional conventions. It acknowledged the multiple challenges facing Egypt, such as persistent threat of various forms of terrorism, the impact of the global financial and economic crises and the lack of a human rights culture. 66. Chile welcomed the establishment of the human rights institutional framework, as referred to in para. 27 of this report. Chile made recommendations. 67. Ireland noted that journalist and bloggers operate in difficult environment and asked Egypt to advise if amendments to the Press Law and Penal Code were considered. Ireland enquired about steps envisaged to ensure that emergency powers are not used to inhibit freedom of expression. Ireland referred to CEDAW recommendations that Egypt take measures to prevent and eliminate domestic violence, marital rape, violence against women in detention and so called `honour crimes'. Ireland made recommendations. 9 A/HRC/14/17 68. The Netherlands noted positive developments, especially Egypt's pledge to review its legal definition of torture and to ensure consistency with CAT. It noted that several journalists and bloggers had been convicted for their writings, and asked whether Egypt would consider revising laws regulating political parties and loosening restrictions on the establishment of new political parties. The Netherlands made recommendations 69. Philippines congratulated Egypt for ratifying almost all international human rights treaties. Philippines asked about measures undertaken as a party to the Palermo protocol, the magnitude of the problem of human trafficking and legislation to address the issue. Philippines made recommendations. 70. Finland inquired about the support available for the National Council for Women, the involvement of civil society in combating violence against women and enhancing women's participation, and the implementation of the law criminalizing FGM. Finland made recommendations. 71. Switzerland noted the pledge by Egypt to adopt a new definition of torture in national law in accordance with international law and referred to thousands of persons reportedly administratively detained without being formally charged. Switzerland made recommendations. 72. Belgium made reference to the Emergency Law adopted in 1981 and to the antiterrorism law under discussion. It welcomed Egypt's commitment to align the definition of torture with international law but noted that the use of torture is reportedly common. It asked on actions taken to prevent it and made reference to the death penalty. Belgium made recommendations. 73. Bolivia underscored Egypt's efforts to guarantee the right to food and encouraged the Government to continue these efforts. Egypt was also encouraged to continue its work to increase access to potable water and sanitation in rural areas. Bolivia made recommendations. 74. Israel noted that Egypt remains a lead actor in Arab-Israeli peace. Israel mentioned that while Egypt has been active in multinational human rights sphere, the human rights situation in Egypt remains of concern. Israel made recommendations. 75. Sweden asked Egypt to elaborate on its strategy to eradicate torture in line with its commitments under CAT and ICCPR. It noted with concern that censorship and monitoring of bloggers and other Internet users has increased in recent years. It also recalled credible reports alleging that a fundamental problem for the realization of human rights in Egypt lies in the continued enforcement of the State of Emergency. Sweden made recommendations. 76. Greece welcomed Egypt's recent efforts to improve the human rights protection system and its intention to introduce a new antiterrorism law. It asked Egypt to consider signing and ratifying the Optional Protocols to the core human rights instruments. Greece made recommendations. 77. Regarding female genital mutilation, Egypt stated that it was committed to eradicating this practice, that its occurrence had been curbed among school-age girls, and that the practice had been criminalized in the Penal Code. In addition, a child helpline had been established, through which counselling was provided to families with girls at risk and through which violations could be reported. Child protection committees established at governmental level also ensured follow-up. Strategies for the future envisaged the integration of content on this issue in the curricula of schools and Universities. 78. Egypt noted that that the state of emergency had been necessitated by political assassinations and terrorist attacks, emphasizing that it was only applied in relation to terrorism and drug related crimes and within the framework of constitutional guarantees. In 10 A/HRC/14/17 preparation for repealing the emergency laws, Egypt was in the process of elaborating a counter-terrorism law, which would provide for a limited number of exceptional measures, but fully comply with international standards. The Commission charged with drafting the law was in the process of completing the draft text, which would then be debated in Parliament and with the National Council for Human Rights. 79. Concerning questions on political rights and elections, Egypt noted that some legislative amendments had been introduced in recent years, and that a higher committee consisting of representatives from the judiciary and other eminent persons had been established to ensure effective supervision and control over the electoral process, with active participation of civil society. 80. With regard to torture, Egypt affirmed that any such practice was prohibited and sanctioned in accordance with the Constitution, and that it aimed to align its definition of torture with relevant provisions in international instruments. 81. Egypt further explained that freedom of religion was a right guaranteed by the Constitution. While acknowledging that recent years had seen some tensions between the followers of different religions, Egypt recalled its efforts to promote cultural and religious tolerance, as exemplified among others by the introduction of public holiday for the different religious feasts, the construction of many new churches, and new legislative provisions clarifying practical issues related to freedom of religion and worship. Any violent act which may occur is addressed by applying the law. 82. Concerning freedom of expression, Egypt drew attention to recent increases in the number of TV channels and newspapers, the absence of censorship and government support for the spread of internet services. 83. On the issue of trafficking of persons, Egypt noted that an integrated draft law focused on the protection of interest of victims had been passed to the legislature. 84. Angola inquired about the interaction between the National Council for Human Rights and other national mechanisms for the promotion of human rights. It further underscored efforts taken by Egypt to fight illiteracy. Angola made recommendations. 85. United States of America thanked Egypt for the presentation of its national report and made recommendations. 86. Germany referred to concerns expressed regarding censorship of the media as well as literature and art in Egypt. It recalled recent reports by the Special Rapporteur on the promotion and protection of human rights while countering terrorism about the detention of journalists as well as Internet bloggers, and asked how many journalists, bloggers and human right defenders are currently detained in Egypt under the Emergency Law. Germany made recommendations. 87. The Republic of Congo welcomed the efforts undertaken by Egypt to promote human rights internally and abroad, including the withdrawal of reservations to international instruments. It welcomed the adoption of a series of measures, including on the right to food and adequate housing, which show the commitment of Egypt in promoting human rights. It encouraged Egypt to pursue its efforts aimed at improving children's and women's rights. 88. Bangladesh welcomed withdrawal by Egypt of the reservation made on article 9 (2) of CEDAW. Bangladesh noted with appreciation the progress in poverty reduction and social welfare, and accreditation of its National Council for Human Rights with the ICC of National Human Rights Institutions. Bangladesh asked about the status of international human rights instruments in national law and their application in courts. Bangladesh made recommendations. 11 A/HRC/14/17 89. Japan expressed hope for further efforts based on Egypt's commitments made during its candidature for membership to the Human Rights Council. It also expressed hope for steady progress toward the end of the state of emergency, as well as protection against torture, and freedom of religion. Japan made recommendations. 90. Kyrgyzstan stated that Egypt was among the first countries to ratify the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families and the Convention on the Rights of Persons with Disabilities. It asked for additional information about measures to protect persons with disabilities. It made recommendations. 91. Armenia noted that Egyptian traditions became an asset for religious tolerance and it noted with appreciation Egypt's initiatives to advance the freedom of religion. Armenia made recommendations. 92. Sudan noted Egypt's accession to major of international human rights treaties. Sudan noted with appreciation Egypt's efforts in protecting minorities' rights. Sudan enquired about additional information on dialogue that took place between Egypt and Special Rapporteur on anti terrorism and the impact of the dialogue on Egypt's efforts to combat terrorism. Sudan made recommendations. 93. On questions concerning capital punishment, Egypt emphasized that this was applied only in very rare cases and for the most severe crimes, noting also that the imposition of this punishment was subject to the strictest judicial requirements and a guarantee of all available remedies. 94. Finally, Egypt expressed its gratitude for the rich dialogue, which had allowed Egypt to express its views and demonstrate its efforts, and which would help Egypt to take further steps on its path towards the full protection and promotion of human rights. II. Conclusions and/or recommendations 95. The recommendations formulated during the interactive dialogue and listed below have been examined and enjoy the support of Egypt: 1. Consider withdrawing the reservations to CEDAW articles 2, 16 and 29 and ratify OP-CEDAW (Norway); 2. Consider prompt accession to the Optional Protocol on the Covenant on Economic, Social and Cultural Rights (Bolivia); 3. Continue its ongoing review of reservations entered to international human rights instruments (Bangladesh); 4. Continue harmonizing its legislation with international human rights treaties by taking into consideration specificities of its society and requirement of modernization (Algeria); 5. Continue its ongoing review of national laws to ensure that they are in line with its international human rights law obligations (Bangladesh); 6. Strengthen the legal framework to fight all crimes against children (Syrian Arab Republic); 7. Keep up the positive momentum in upgrading its laws and institutions while ensuring their effective implementation, in particular in the areas of education of all and the rights of women (Indonesia); 12 A/HRC/14/17 8. Continue promoting the work of the Higher Committee for Migration in order to promote the rights of migrants and to implement the possibility for Egyptian migrants abroad to caste their vote (Bolivia);. 9. Fulfill its pledge to review the definition of torture in Egyptian law and ensure its consistency with the Convention against Torture in order to strengthen its fight against torture (Japan); 10. Revise relevant laws and practice to ensure compliance with ICCPR including for bloggers and public access to internet (Czech Republic); 11. Consider strengthening the Complaints Office of the National Council for Women and the helpline of the National Council for Children, building on past experience and with a view to strengthening the role and effectiveness of these two institutions throughout the Republic (Palestine); 12. Increase cooperation and coordination between governmental institutions and the National Council for Women as the best framework to ensure that women's rights take root and promote women (Tunisia); 13. Continue its policies in the area of the promotion and protection of the human rights of women (Bhutan); 14. Strengthen its policy on the rights of the child, with attention to the Guidelines for the Alternative Care of Children (Brazil); 15. Continue effective policies aimed at ensuring rights of persons with disabilities through instruments that are in line with respective international conventions as well as by developing and implementing national programs (Kyrgyzstan); 16. That the legislation related to violence against women, which would be promulgated based on the voluntary pledges made by Egypt, include provisions aimed at eliminating de jure and de facto discrimination against women (Mexico); 17. Fulfill its pledge to review the reservations which it has entered to human rights treaties with a view to withdrawing them (Japan); 18. Continue finding the appropriate solutions for the challenges mentioned in the national report and faced by the citizens in their full enjoyment of fundamental rights whether it is political, economic, social and cultural rights (Kuwait); 19. Continue its process of home-grown reforms to deepen democratic reform and strengthen foundations of modern states in which all citizens enjoy all human rights (China); 20. Accomplish the Human Rights Goals (Brazil); 21. Continue promoting its successful cultural policies that have farreaching social content, stimulate participation by the popular sectors of the population and extend culture to all as a mechanism to combat exclusion and poverty (Venezuela); 22. Improve its cooperation with the United Nations Treaty Bodies by submitting overdue reports as a matter of priority (Norway); 23. Submit overdue reports to the treaty bodies (Austria); 13 A/HRC/14/17 24. Continue to expand the cooperation with the special procedures of the Human Rights Council (Sudan); 25. Give attention and provide adequate follow-up to the recommendations made by the Special Rapporteur on the promotion and protection of human rights while countering terrorism following his visit to the country, in coordination with the involved ministries and civil society organizations (Mexico); 26. Implement the accepted recommendations of the universal periodic review in cooperation with the National Council on Human Rights, NGOs, and the civil society (Indonesia); 27. Establish an effective and inclusive process to follow-up on the universal periodic review recommendations (Norway); 28. Continue efforts to improve the situation of women and their empowerment (Jordan); 29. Continue to adopt strategies to combat discrimination against women (Angola); 30. Continue the implementation of effective programs for the elimination of all forms of discrimination against women (Belarus); 31. Continue its efforts in ensuring the improvement of the status of women, including through intensifying the implementation of programmes and activities for the empowerment of women and enhancing women's participation in the political field (Malaysia); 32. Further intensify its efforts to promote gender equality, to combat violence against women and girls, sexual harassment and abuse, and recognize the important role of non-governmental organizations in this field (Finland); 33. Consider further steps to ensure a high number of women in decisionmaking positions (Norway); 34. Respect minimum standards relating to the death penalty as long as it the latter is effectively applied (Belgium); 35. Increase efforts to ensure that the competent authorities, in particular the public prosecutor, investigate all torture allegations promptly and to bring any officials found responsible to justice (Austria); 36. 37. Reinforce the fight against torture (Switzerland); Align the national legislation with international law (Switzerland); 38. NGOs should be consulted widely and have a substantive role in drafting the new NGO law (Ireland); 39. Allegations of torture be effectively and independently investigated at earliest in view of prosecuting the authors of these offences (Switzerland); 40. Continue to intensify its efforts to ensure that violence, in particular hate-motivated crime, does not occur (Finland); 41. Consider elaborating an integrated national strategy to address the different forms of violence against women (Palestine); 14 A/HRC/14/17 42. Take concrete steps to increase the protection of women, ensuring that, complaints of domestic violence are properly registered and investigated by the police, and that perpetrators are prosecuted and convicted (Norway); 43. Continue its efforts to eradicate female genital mutilation and strengthen implementation of its laws and administrative decisions criminalising its perpetrators (Bhutan); 44. Continue increasing efforts aimed at combating trafficking in human beings at the national as well as at the international level, including through coordination and cooperation with interested governments, international organisations and NGOs (Belarus); 45. Continue its efforts aimed at combating trafficking in persons at the policy and legislative levels in cooperation with civil society and the media, with a view to providing victims of trafficking with the needed protection and counselling, contributing to international efforts in this regards (Philippines); 46. Continue pursing social policies in keeping with family values and not be intimidated by suggestions on social norms that are controversial, nonuniversal and specific to certain societies (Bangladesh); 47. Continue to create conducive environment for the enjoyment of freedom of religion and belief including through introduction of further measures for promoting equal rights and social harmony among followers of different religions (Armenia); 48. Better disseminate the Declaration on Human Rights Defenders and ensure its full observance (Norway); 49. Implement programs to fight against child labour (Syrian Arab Republic); 50. Continue its policies aimed at ensuring the enjoyment by all segments of society of their rights to food and social services (Azerbaijan); 51. Intensify its programs to extend social and economic rights to all and improve standard of living for those with limited income (Algeria); 52. Continue to strengthen its efforts in ensuring housing for all Egyptian citizens (Saudi Arabia); 53. Effectively address poverty and unemployment, in cooperation with international community (Lebanon); 54. Intensify its efforts to wealth distribution and poverty eradication, especially assistance to the marginalized and disadvantaged groups (Malaysia); 55. Make additional efforts in eradicating illiteracy (Lebanon); 56. Continue efforts in eradicating illiteracy and adult education and share its pioneering experience in this field (Qatar); 57. Continue its efforts aimed at eradication of illiteracy in rural areas (Kuwait); 58. Continue implementing the National Illiteracy Eradication Project, giving priority to girls and women (Bolivia); 59. Continue to strengthen policies that have led to a decrease of the illiteracy rates (Angola); 15 A/HRC/14/17 60. Continue its efforts to promote the political participation of women at all levels and to increase the representation of women in the judiciary (Palestine); 61. Intensify employment programs for youth (Algeria); 62. Accelerate programs aimed at job creation, particularly for young people (Cuba); 63. Strengthen efforts aimed at ensuring equal rights for women in the field of work (United Arab Emirates); 64. In the spirit of a constructive dialogue and with the cooperation of the international community, continue efforts to enhance the quality of its educational and health system with a special focus on combating illiteracy (Philippines); 65. Share with other countries its experience in the education of persons with disabilities and in providing them with employment (Qatar); 66. Continue the efforts and successes achieved by the national institutions in undertaking awareness raising campaigns to spread a culture of human rights (Saudi Arabia); 67. Continue efforts on human rights education in order to guarantee enjoyment of all people of their rights (Morocco); 68. Strengthen education in the field of human rights (Jordan); 69. Include the study of human rights in the curriculum of the various stages of free education provided in state institutions (Bolivia); 70. Strengthen public education, awareness programmes on human rights (Malaysia); and capacity building 71. Strengthen programs of capacity building in human rights field and raise human rights awareness level (Kuwait); 72. Enhance human rights education and training programs for the general public and government officials (Philippines); 73. Increase public awareness on human rights and promote human rights education and training (Greece); 74. Continue, with the support of donor countries, its National Capacity Building Program with the objective of expanding the scope of the training and capacity building activities to government personnel (Bhutan); 75. Continue its efforts to provide training and capacity building in the area of human rights for police officers and members of the judiciary and prosecution as well as journalists (Palestine); 76. Continue its effort to ensure rights of migrants in the country as well as abroad (Kyrgyzstan); 77. Continue and strengthen strategies and programs for comprehensive development, especially in the rural and less developed areas of the country (Cuba); 78. Share experience and good practices with other countries in areas of development and protection of human rights (Lao People's Democratic Republic); 16 A/HRC/14/17 79. Speed up the adoption on anti terrorism law while considering lifting the state of emergency once the law has been passed (Sudan); 80. Continue its efforts towards the early finalisation of the anti-terrorism law, which can serve to combat terrorism while ensuring promotion and protection of human rights (Pakistan); 81. Continue its efforts in the context of the Human Rights Council to develop its work on human rights in connection with civilians in armed conflict (Palestine); 82. Continue to work with the Non-Aligned Movement and the United Nations system in strengthening human rights in the world (Lao People's Democratic Republic); 83. Persons, who are administratively detained without being formally charged, be the object of an equitable trial or be immediately released (Switzerland); 84. Expedite the reform of the Criminal Code in order to include a definition of torture in accordance with the Convention Against Torture (France); 85. Advance in the promotion of the status of women in society in order to achieve full equality in rights between women and men in all matters (Chile); 86. Repeal of articles in the penal code which allow the imprisonment of journalists for their writing and amend the press provisions of the penal code so that they explicitly state that journalists not be imprisoned or otherwise punished for the sole exercise of their right to free expression (Norway); 87. Amend the Personal Status Law and Penal Code to guarantee equal rights for women and provide guarantees that domestic violence will be effectively prosecuted (Netherlands); 88. Continue efforts to reform in the short term Law 84/2002 in order to establish a procedure for setting up NGOs, which is nimble, fast and not subject to administrative discretion (Spain); 89. Reform the Criminal Code to punish all cases of sexual and domestic violence (France); 90. Increase efforts to end discrimination and violence against religious minorities and prosecute those involved in incitement to religious hatred and violence (Austria); 91. Enable human rights organizations to monitor general elections (Germany); 92. Establish independent monitoring of conditions in detention and prisons together with effective complaint procedure for victims of torture (Czech Republic); 93. Pass comprehensive anti-trafficking in persons legislation (United States of America); 94. Consider confessions obtained through torture or ill-treatment as inadmissible (Switzerland); 17 A/HRC/14/17 95. Consider repealing the provisions, which allow administrative detention and guarantee to all detainees immediate access to lawyers, doctors and family members (Chile); 96. Guarantee freedom of religion and belief to all groups and minorities, including in relevant legislation, without discrimination (Finland); 97. Undertake all necessary measures to guarantee the freedom of religion of all religious orientations, in particular the Copts, including the right to practice religion in public (Germany); 98. Implement the guarantee established in Article 46 of the Constitution, regarding freedom of belief and freedom of religious practice, in order to prevent in practice discriminations which affect this guarantee (Chile); 99. Promote inter-religious dialogue and other educational measures to increase the understanding and tolerance in society among all religious communities (Austria); 100. Adopt all necessary measures to provide for a free and independent media which reflects the religious, ethnic and political plurality of opinions in Egypt (Germany); 101. Take further steps to promote an open and free press where journalists may report on a full spectrum of political, social and economic issues without fear of retribution (Canada); 102. Effectively guarantee the exercise of freedom of expression, association and peaceful assembly and the right to participate in public life and politics, in line with the obligations set forth in the Covenant on Civil and Political Rights (Chile); 103. Review its legislation to complete the abolition of imprisonment penalties for publication offences (Netherlands); 104. Emergency powers should not be abused or used against journalists and bloggers in their exercise of their right to freedom of expression (Ireland); 105. Take action to secure that the enjoyment of human rights extends to the Internet, as pronounced by the Human Rights Committee and relevant United Nations resolutions (Sweden); 106. Revise the procedures governing registration of civil society organizations to ensure transparent, non-discriminatory, expeditious and affordable procedures that conform to international human rights standards (Norway); 107. Act in accordance with the standards included in the UN International Declaration on Human Rights Defenders in 1998 and cooperate seriously with human rights organizations, particularly through in-depth discussion of their reports and recommendations in the follow-up of this universal periodic review (Germany); 108. Provide human rights education and training to members of the police, security services, prison and detention staff and judiciary with specific focus on protection of human rights of women, children, national and other minorities, refugees and persons with disabilities and to ensure accountability of security and other state personnel for possible violations of human rights (Czech Republic); 18 A/HRC/14/17 109. Further promote identity and culture of different communities and to raise awareness in the society about their historic presence in Egypt and contribution to the society (Armenia); 110. Uphold its international obligations relating to refugees (United States of America); 111. Implement a program to adequately integrate the refugee populations into the society of Egypt, taking into account the generosity that has historically characterized the country in this field (Mexico); 112. Put an end, as soon as possible, to the state of emergency and ensure that the provisions of the future anti-terrorism law scrupulously respect human rights (France); 113. Lift the state of emergency that has been in effect since 1981 and replace the Emergency Law with a counterterrorism law that guarantees civil liberties (United States of America); 114. End the State of Emergency as soon as possible (Austria); 115. The counter-terrorism law that is to replace the current state of emergency take into account the recommendations made by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (Netherlands); 116. The letter and the spirit of the provisions of the new antiterrorism law do not impose restrictions on the enjoyment of human rights and fundamental freedoms that are contrary to international human rights standards (Greece); 117. Ensure that all anti-terrorism measures comply with international standards (Norway); 118. Require that the police act with restraint when not directly threatened (United States of America); 119. Investigate and prosecute perpetrators of sectarian violence and ensure victims' recourse to the judicial system (United States of America). 96. Egypt considers that the recommendations Nos. 85-119 have already been implemented or in the process of implementation. 97. The recommendations below did not enjoy the support of Egypt: 1. Ensure the protection of women, in practice, from all forms of violence by implementing national legislation, as pledged in its National Report to universal periodic report, and to adopt a unified family code to ensure the equal status of women under law (Israel); 2. Conduct a wide-ranging review of Egyptian human rights laws in order to bring them into line with Egypt's international commitments, as so pledged in its Human Rights Council candidature and within its National Report (Israel); 3. Abolish prison terms for incitement to discrimination regarding sex, origin, language, religion or belief, and for acts damaging to an individual's honour (United States of America); 4. Develop specific awareness raising campaigns to promote tolerance and eliminate discrimination based on sex and gender (Czech Republic); 19 A/HRC/14/17 5. Apply national legislation to individuals without discrimination based on their belonging to a religious minority or on sexual orientation (Switzerland); 6. To engage towards the abolition of the death penalty by adopting a moratorium, commuting all sentences already pronounced and by reducing the number of offences punishable by this penalty (France); Consider the elimination of the death penalty and, in all events, adjust its implementation to the provisions of Article 6 of the Covenant on Civil and Political Rights (Chile); Join the moratorium established by General Assembly Resolution 62/149, as a preliminary step toward abolishing capital punishment (Spain); Consider a moratorium on death penalty with a view to abolishing it in the future (Brazil); Establish, as a first stage, a moratorium on all executions and then fully abolish the death penalty (Switzerland); Introduce at the earliest a moratorium on the death penalty (Belgium); Consider introducing a moratorium on the death penalty with a view to abolishing it in the near future (Greece); 7. Review national legal provisions, as e.g. those criminalising "habitual debauchery", which are open to abuse for persecution and intimidation of persons of minority sexual orientation or gender identity or of persons with HIV/AIDS (Czech Republic); 8. Fully implement Article 2 of the Universal Declaration of Human Rights, which provides that "Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status," and to recognize that "sex" also includes sexual orientation (Canada); 9. Remove any categorization by religion on State documents including ID cards (Canada); 10. Pass legislation that allows NGOs to accept foreign funding without prior government approval, legislation that allows for increased freedom of association and assembly, and legislation allowing labour unions to operate without joining the Egyptian Trade Union Federation (United States of America); 11. Invite independent national and international election monitoring teams to the upcoming elections (Austria); 12. Allow international election observation in all upcoming elections (Canada); 13. End the exceptional state of emergency and lift the Emergency Law, and to abstain from legislation that introduces measures of Emergency Law into the Constitution (Germany); 14. Remove the penalty of imprisonment from articles 102bis, 179, and 308 of the Penal Code (Ireland). 98. The following recommendations did not enjoy the support since Egypt considers they are inaccurate and/or factually incorrect: 1. Eliminate legal and bureaucratic restrictions affecting an individual's right to choose his or her religion (United States of America); 2. Release bloggers and activists currently detained under the Emergency Law and cease its arrests and detentions of political activists (United States of America); 20 A/HRC/14/17 3. Thoroughly investigate all instances of the persecution of lawyers, members of the judiciary, human rights defenders, and journalists, for legitimate activities in the defence of human rights as well as lift restrictions within national legislation or practice that limit NGO registration and activity (Israel); 4. Strengthen the protection of minorities and ensure an end to impunity in this context (Finland); 5. Not renew the Emergency Law in April 2010, and ensure that future legislation fully respects Egypt's obligations under international human rights law and not entrench under statute law provisions that facilitate human rights violations (Canada); 6. That the emergency legislation under the state of emergency, which is the root cause to many human rights problems in Egypt, be repealed, and that future legislation be elaborated based on the enjoyment of human rights (Sweden); 7. Host in Cairo the new OHCHR regional office in North Africa, as so pledged in its candidature for membership to the Human Rights Council (Israel). 99. The following recommendations will be examined by Egypt which will provide responses in due time, but no later than the 14th session of the Human Rights Council in June 2010: 1. Eliminate all legal provisions and policies which discriminate against adherents of other religions than Islam and adopt a unified law for places of worship (Netherlands); 2. Redress laws and government practices that discriminate against members of religious minorities, and in particular urgently pass a unified law that makes construction and repair requirements equal for the places of worship of all religious groups (United States of America); 3. Accede to the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (Czech Republic); 4. Immediately release persons detained or imprisoned for exercising their freedom of expression on the Internet (Sweden); 5. Ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Switzerland); 6. Ratify individual complaint mechanisms of United Nations treaty bodies (Austria); 7. Consider ratifying the Rome Statute, Optional Protocols to the International Covenant on civil and Political Rights, the Convention on the Elimination of All Forms of Discriminations against Women, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and to the Convention on the Rights of Persons with Disabilities (Brazil); 8. Ratify the Optional Protocols to the Covenant on Civil and Political Rights, the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Rome Statute (Chile); 21 A/HRC/14/17 9. Adhere to the Optional Protocol to the Convention Against Torture (France); 10. Invite the Special Rapporteur on torture without delay and facilitate his visit to the country (Netherlands); 11. Allow the Special Rapporteur on the promotion and protection of human rights while countering terrorism free access to detention centers and communication with persons in detention during his next visit (Spain); 12. Establish a fully independent electoral commission allowing for open participation of all political parties and objective certification of election results (Canada); 13. Reform articles 126 and 129 of the Penal Code regarding the crime of torture, in order to broaden the scope of punishable conduct and prevent impunity for perpetrators (Spain); 14. Amend article 126 of the Penal Code to bring into line with the UN Convention against Torture (Ireland); 15. Ensure that the crime of torture is punished in accordance with the comprehensive definition as contained in Article 1 of the International Convention Against Torture (Germany); 16. Allow the visits of human rights special procedures that are pending to take place in a timely manner and consider issuing a standing invitation to the human rights special procedures (Czech Republic); 17. Respond positively to the repeated requests for a visit by the Special Rapporteurs on torture and other cruel, inhuman or degrading treatment or punishment; on the independence of judges and lawyers; on the situation of human rights defenders, on freedom of religion or belief; on extrajudicial, summary or arbitrary executions; on the sale of children, child prostitution and child pornography; and by the Working Group on Arbitrary Detention (Spain); 18. Extend an early invitation to the UN Special Rapporteur on Torture (Ireland); 19. Reply favorably to the request by the UN Special Rapporteur against torture for a visit and extend its full support to such a mission (Sweden); 20. Issue an open and standing invitation to all special procedures (Spain); 21. Issue an open and standing invitation to all special procedures, particularly to the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Punishment or Treatment (Belgium); 22. Amend article 11, 17 and 42 of the current NGO law 84 of 2002 so as to ensure that NGOs activities and activities of all human rights defenders not be inhibited or their ability to raise finance be impeded (Ireland); 23. Withdraw the reservations to articles 2 and 16 of the Convention on the Elimination of All Forms of Discriminations Against Women (France); 24. Remove all reservations to the Convention on the Elimination of All Forms of Discrimination against Women (Ireland); 25. Expedite the provision of all official documents, particularly identity documents to all members of its Baha'i community (United States of America). 22 A/HRC/14/17 100. All conclusions and/or recommendations contained in the present report reflect the position of the submitting State(s) and/or the State under review. They should not be construed as endorsed by the Working Group as a whole. 23 A/HRC/14/17 Annex Composition of the delegation The delegation of Egypt was headed by Mufid Shihab, Minister of State for Legal and Parliamentary Councils and composed of 14 members: · H.E. Ambassador Hisham Badr, Permanent Representative, Permanent Mission of the Arab Republic of Egypt in Geneva; · Dr. Amal Osman, Member of the National Council for Women, President of the Legislative Committee of the People's Assembly; · Counselor Mustafa Hanafy, Vice President of the Egyptian Council of State; · Counselor Mahmoud Ghoneim, Judge, Supreme Constitutional Court; · Mr. Wael Abul Magd, Minister Pleniptentiary, Deputy Assistant Minister of Foreign Affairs for Human Rights; · Dr. Ahmed Ihab Gamaleldin, Deputy Permanent Representative, Permanent Mission of the Arab Republic of Egypt in Geneva; · Mr. Amr Roshdy, Counselor, Permanent Mission of the Arab Republic of Egypt in Geneva; · Counselor Amr Elshimy, National Council for Childhood and Motherhood; · Mr. Omar Shalaby, First Secretary, Office of the Deputy Assistant Minister of Foreign Affairs for Human Rights; · Ms. Heba Mostafa Rizk, Second Secretary, Permanent Mission of the Arab Republic of Egypt in Geneva; · Ms. Mona El-Bahtimy, Third Secretary, Permanent Mission of the Arab Republic of Egypt in Geneva; · Mrs. Yasmine Moussa; Third Secretary, Office of the Minister of Foreign Affairs; · Mrs. Dalia Moustafa, National Council for Childhood and Motherhood; · Mrs. Mona Amin, National Council for Childhood and Motherhood. 24