Problems of Supervising and Monitoring the Work of Civil Society Organizations

Towards corrective actions for the relationship between the administrative body and organizations

Policy Paper

Issued it

Public Policy Analysis and Human Rights Unit

Affiliate Foundation

, Maat for Peace, Development, and Human Rights

Under a project

“The Universal Periodic Review as a Tool to Improve Public Policies during the Transition” (funded by the European Union)

June 19, 2016

 

“This release was implemented with the help of the European Union. The content of this publication is the responsibility of the Maat Foundation for Peace, Development and Human Rights and can in no way be considered a reflection of the vision of the European Union.

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Introduction:

Over the past years, the problem of the relationship between civil society and the state has arisen, as this relationship has witnessed a tension and attraction resulting from the limits of the government's supervision and control powers over these organizations, and with the constitutional changes and the mounting demands for the need to correct the relationship between the two parties, it has become necessary to discuss the nature of that relationship in order to formulate Recommendations to put it into perspective.

Within the framework of the “Public Policy Analysis and Human Rights Unit” interest in the Maat Foundation for Peace, Development and Human Rights with the recommendations that were made to Egypt in light of the UPR and the Egyptian government's position on the recommendations and in light of the Foundation’s implementation of the “Universal Periodic Review as a Tool to Improve Public Policies” project, which is implemented by the Foundation Funded by the European Union during 2016-2017, the Foundation has focused on shedding light on this issue through a paper analyzing the policies of oversight and supervision of civil society organizations to stand on the legal, constitutional and human rights situation of this issue.

The paper deals with several basic points: It begins with presenting the problems of dependency and supervision between the administrative authority and civil society organizations in Egypt, then the constitutional, legal and human rights framework for monitoring tools on the work of civil society organizations in Egypt, and international experiences in this regard, and the paper also discusses proposals for solutions submitted by institutions Egyptian civil society, as well as the vision of the Maat Foundation, to solve this problem.

The first axis - Problems of dependency and supervision in accordance with the Egyptian legal framework

Egyptian society is going through a state of controversy and confusion permanently raised about civil society and civil societies, especially about defining the role entrusted to them at the level of development, progress and democratic development in Egypt, especially after two revolutions, which led to talk about the restrictions imposed on them that directly or indirectly affect the ability of Those institutions have to play this role.

Where the role of these institutions includes raising the economic, social, cultural, intellectual and scientific level of society as a whole. Therefore, these roles that civil society institutions play are not limited to charitable work only, but are mainly based on bridging the gap that increases day by day between the services provided by the state and filling the void that Its institutions and the profit-oriented private sector leave it, and between the basic needs of the different groups of the Egyptian people with the aim of empowering citizens to manage their lives by making them aware of the importance of political and social participation, which leads to enabling them to determine their fate by their free and separate will on any religious, ethnic or gender influences.

Therefore, there are multiple problems that civil society suffers from significantly, especially with the increase in the number of organizations, associations and institutions working in this sector, which called on the state to establish laws and regulations that many workers in the sector see as impeding their work, which led to some workers in the sector to circumvent these laws. Working under other laws and in various forms, including companies, centers, offices and clinics sometimes.

Civil society organizations in Egypt suffer from a lack of independence at all levels, as the legislation under which these organizations operate, namely Law 84 of 2002, gave the government the authority that enabled it to tighten its grip on these organizations, which made the organizations vulnerable to intransigence by the employees of the administrative body while placing obstacles in front of the law. The independence of these associations.

Civil organizations are subject to all the various regulatory agencies in the country, and at the forefront of these bodies is the Central Auditing Organization, which is primarily responsible for auditing financial resources and spending. And the Ministry of Social Solidarity, which has full power to supervise and control administrative, financial, technical and social over these societies and institutions and their various activities and is responsible for violations and accountability. From the legal point of view, the law has given the right to the administrative body represented by the Ministry of Social Solidarity to close any association or merge it into others with elastic arguments that cannot be verified or to set clear criteria for these violations, such as violating public order activity, threatening national security and violating public morals. Legalize it and set clear definitions for it.

Censorship and supervision in Egypt

The law known as Law 84 of 2002 and its executive regulations regulated the relationship between the administrative body and the institutions and civil societies in Egypt in terms of approval of the establishment and the systems of control, supervision and follow-up as well, and it clarified the methods and methods for dissolving societies and institutions and gave expanded powers to the administrative body which is considered in its entirety an interference with the independence of the work of these institutions and societies, the most important of which is she :-

1- Article No. 4 of the law, which specified the funds of the organization to one of the banks stipulated in the law only, is what is considered to be a barring the founders of the organization from donating the assets of the organization to whomever they see.

2- Article 7 of the law, which led to the establishment of a committee to settle disputes and prevented the inherent right of citizens to litigate before normal courts when it stipulated that “... ... a case regarding a dispute is not accepted by the competent court, except after a decision is issued by the committee, or after the expiration of the sixty period. The filing of the case shall take place within sixty days from the date of issuance of the decision or the expiration of that period, according to the procedures established for filing a lawsuit, which is considered a violation of the constitutional article that safeguarded and guaranteed the right to litigation for every citizen in Article 97 ([1]).

3- Article 11, which does not give the association the right to perform any activity except after the approval of the administrative body and used loose and elastic words that gave the administrative body the right not to approve the establishment of the organization under the pretext of threatening national unity or violating public order or morals or calling for discrimination between citizens on the basis of gender Or origin, color, language, religion or belief, without a clear explanation of the concept of each of these terms.

4- Article 13 in Clause (C), which stipulated a decision from the Prime Minister after a proposal from the Minister of Solidarity to agree to “exemption from customs taxes and other fees imposed on the number, machinery, equipment and production supplies it imports, as well as on gifts, donations and aid it receives from abroad. … ”This is considered an interference by the administration in the organization’s right to receive external donations.

5- Article 16 of the law that stipulated the approval of the administrative body to join any institution or association or to participate in international institutions, which is considered a restriction on organizations in cooperating with international institutions in order to raise the level of services they provide.

6- Article 17, which made the right to collect donations subject to the approval of the administrative body, and the article stipulated in the second paragraph thereof that “... ... and in all cases no association may obtain funds from abroad, whether from an Egyptian person, a foreign person, or a foreign entity, or Whoever represents it at home, and does not send anything of the aforementioned to persons or organizations abroad except with permission from the Minister of Social Affairs. This is considered a disruption, a waste of time, and an interference with the right of the association or institution to receive funds unless it violates the law.

7- Article 20, which stipulates “………. In addition, employees designated by a decision issued by the Minister of Social Affairs and representatives of the relevant union may enter the association’s headquarters or its branches in order to view its records in accordance with the procedures specified by the executive regulations of this law. This is considered interference in the work of the association, especially since this right granted to employees does not have fair organizational procedures.

8- Article 23, which stipulates that “In cases in which the association issues a decision that the administrative body deems that it is in violation of the law or its statute, this authority may request the association, by a registered letter with acknowledgment of receipt, to withdraw the decision, within ten days from the date of its notification of it in accordance with the third paragraph From Article (38) of this law, and if the association does not withdraw it within fifteen days from the date of its notification, the administrative authority may submit the matter to the committee stipulated in Article (7) of this law, and the lawsuit shall be filed to the competent court, taking into account the provision of the paragraph. The last of Article (7) referred to, “which is considered an interference with the right of the General Assembly and a violation of its independence, as stipulated in Article 75 of the Constitution and which stipulates“ ... ... and it exercises its activities freely, and administrative authorities may not interfere in its affairs ...

9- Article 40, which stipulates that “... if the number of members of the board of directors is not sufficient for its meeting to be valid, the Minister of Social Affairs may, when necessary, after taking the opinion of the General Union of NGOs and Institutions, appoint by a reasoned decision from among the remaining members or someone else. It shall have the powers of the board of directors ... ”, which is considered a major interference with the right of the general assembly to choose its representative in managing the affairs of the association.

10- Article 42 of Law 84 of 2002 is a loose article that gives the administrative body the right to intervene directly in the work of associations and institutions, as the article stipulates that “the dissolution of the association shall be by a reasoned decision in the case of: -

Violation of the purposes for which they were established

- Obtaining money from a foreign party or sending money to an external party in violation of the provisions of the second paragraph of Article 17 of this law

Committing a grave breach of law, public order, or morals

- Join, participate in, or affiliate with a club, association, body, or organization based outside the Arab Republic of Egypt, in violation of the provisions of Article 16 of this law

- It is proved that the fact of its objectives is the targeting or practicing of one of the activities prohibited in Article 11 of this Law

Collecting donations in violation of the provisions of the first paragraph of Article 17 of this law

This article is considered one of the additive materials that used words that carry in its letters the administrative authority and impose its control in tribal and remote control over civil society institutions, which leads to shivering and fear of working under this article and pushing them to work away from the law under the umbrella of other legislation that does not give the administrative authority those rights . An article violating Article 75 of the Egyptian constitution which stipulates that “... administrative authorities may not interfere in their affairs, dissolve them, or dissolve their boards of directors or their boards of trustees except by a court ruling.

11- Article 92 of the executive regulations of the law restricted the work of civil society organizations and gave a major power role to the administrative body when it stipulated that “an association may be dissolved by a reasoned decision from the Minister of Social Affairs after taking the opinion of the General Union and inviting the association to hear its statements in the following cases:

Disposing of the association’s funds and allocating them for purposes other than for which it was established.

- Obtaining funds from a foreign entity or sending money to an external party in violation of the provisions of the second paragraph of Article 17 of the Law and Article 58 of these regulations.

Committing a grave breach of law, public order or morals.

- Join, participate in, or affiliate with a club, association, body, or organization based outside the Arab Republic of Egypt, in violation of the provisions of Article 16 of the Law and Article 55 of these Regulations.

- It is proved that the truth of its objectives is to target or engage in an activity prohibited in Article 11 of the Law.

- Collecting donations in violation of the provisions of the first paragraph of Article 17 of the law and Article 57 of these regulations ………… .. ”

Unfortunately, this article stipulated vague words, such as those in the law, and did not explain them, and gave the administrative authority the discretion that gives it the right to use its personal whims to block or grant funds or suspend or dissolve organizations using broad terms that are not defined or detailed.

The second paragraph of the article was also marred by al-Awar, as it gave the authority to assess the dissolution of institutions and associations, or to stop their activities in the hands of members of the administrative body, which stipulated “……… .. ..and the Minister of Social Affairs may issue a reasoned decision to dismiss the association’s board of directors, or to suspend or cancel the association’s activity The violating activity, or removing the cause of the violation instead of dissolving the association in the cases referred to in the first paragraph and in the following two cases:

- The general assembly was not convened for two consecutive years or not convened on the basis of an invitation to convene, in implementation of the provisions of the second paragraph of Article 40 of the law.

- The association does not amend its bylaw and adjust its conditions in accordance with the provisions of the law and the provisions of these regulations.

12- Article 53 in Paragraph (c), which gave the Minister of the Administrative Authority - the Ministry of Solidarity now - the authority to dismiss the board of directors of associations of public interest when it stipulated that “if the administrative body finds that serious errors have occurred affecting the achievement of the association of public benefit for its purposes or its activities or Implementing the programs or projects entrusted to it, the Minister of Social Affairs had to take one of the following measures ………… (c) Dismiss the board of directors of the association and appoint a commissioner until the general assembly is called… ”which is considered contrary to Article 75 of the Constitution

13- Article 60, which gave the administrative body the authority to appoint a board of trustees in case the founder or founders were unable to, appoint a board when it stipulated “…. In the event that the Board of Trustees is not appointed, or if one or more places in the Council are vacant and it is not possible to appoint a replacement for him or them in the manner indicated in the Articles of Association, the administrative authority shall undertake the appointment and notify the General Federation of NGOs and Institutions of this. This is considered interference in the internal affairs of the institution in violation of Article 75 of the Constitution.

14- Article 63 of the law, which gave the administrative body the right to dissolve the civil institution by a decision of the competent minister in accordance with the provisions of Article 11 of the law, which is considered a violation of Article 75 of the Constitution.

15- Article 67 of the law, which gave the administrative body the dissolution of the board of directors of any of the specific or regional federations by a decision of the competent minister, which is also contrary to the constitution and detracts from the right of members of the general assembly of the federations, and also violates Article 75 of the constitution.

From the above, it becomes clear to us that some articles of Law 84 of 2008 and its implementing regulations issued under No. 178 of 2002 gave the administrative body exaggerated powers that lead to diminishing the original right of the General Assembly of associations, institutions and unions to take appropriate decisions.

Some of the articles that gave wide powers to the administrative authorities and their employees have led to direct interference in the work of societies and institutions, which opens the doors of corruption in the establishment and control of associations, and pushes those wishing to engage in civil work properly to search for alternative legal forms and solutions. As a natural result of the legal framework regulating civil activity in general. Mawada aims to restrict, censor, and drown civil organizations in a sea of documents, notebooks and bureaucracy until they become bored and corrupt, drown in a sea of problems and leave the arena, or turn to other legal forms outside the normal legal framework for civil work. This prompted a large number of organizations to submit a number of proposals, the most important of which are: -

- Not to stipulate a number of broad prohibitions that are difficult to control or know precisely what those prohibitions are, such as “threatening national unity or those who violate public order or morals,” which are terms that have long been criticized by Egyptian organizations, as well as a reason for the administration’s refusal to establish some Of associations and working on the text to set a clear and specific definition of these terms in practice, whether in the law or the executive regulations.

- Amending the law and controlling specific terminology in the ban imposed by the law on associations in practicing any political activity, without specifying what is meant by political activity, and is it intended to support parties or candidates in elections - which is agreed upon by the organizations - or does this restriction extend to include The organizations simply express their opinion on public affairs issues and train party and youth cadres on political practice.

- Amending the articles that allow the administrative body to interfere in the affairs of associations in a crude manner, as the law allowed the administrative body to object to the association’s decisions and cancel them, and it also allowed it to object to one of the applicants for membership of the Board of Directors and exclude him from nomination, but the law increased that and gave to the body Administrative decision to suspend one of the activities of the association or the activity of the association as a whole by an administrative decision.

- Adherence to international standards in force in all developed and democratic countries, which allow freedom of organization and independence of civil work, by registering organizations optional and not mandatory.

- Disrupting the work with the articles that allow the administrative body to pre-control the establishment and publicity of organizations, demanding a legislative amendment that guarantees the organization the right to carry out all fund-generating activities without prior permission, while preserving the organization its right to join any of the international networks or bodies with the obligation only to notify the administrative body of this .

Amending legislation to stop all penalties that can be imposed on the organization by the administrative body, such as canceling decisions or activities, freezing membership, dissolving a board of directors, or the like, and assigning these decisions to the competent courts to adjudicate them and resolve the administrative body’s difference with the organization.

The second axis: supervision and control in other countries

The civil organizations law in Western countries gives more space to work freely and includes legal articles that encourage civil work, but in Arab countries the situation is often similar in most countries, where most of them put strict restrictions that start with difficult conditions for the establishment of the organization, and most countries allow the supervising authorities to dissolve the organization At any time and for different reasons.

The laws governing the establishment, monitoring and control of civil organizations in foreign countries reflect the cultural, political and democratic influence open to the private sector and maximize its role, which makes it a partner in making the public life of those countries unlike the laws that regulate civil work in Arab countries which impose harsh conditions on the establishment of organizations and allow governments to intervene In the work of organizations as it permits them to dissolve, which reflects the true perspective of the culture of civil human rights work in those countries, and below we explain the difference between the registration of organizations and oversight of their sources of funding, and the powers granted to dissolve them by the authorities entrusted with this in foreign and Arab countries.

Registration of organizations

Countries are divided over the optional or mandatory registration of organizations, as most Western countries make registration optional, whereby any individual and group can establish a civil organization and establish activities and activities without legal registration of the organization in countries such as France - Britain - Belgium - Turkey - the United States, but the clause of obtaining remains On the legal personality related to the legal registration of the organization. Some foreign countries, such as the Netherlands, require organizations to be formally registered in the event that they request the implementation of certain activities such as participation in elections or participation in drafting laws, taking advantage of tax benefits and requesting subsidies, and Switzerland obliges organizations to register in the event that the organization carries out commercial activities to develop its resources.

As for the Arab countries, most of them require organizations to register compulsorily in order to be able to practice activities such as: Algeria - Iraq - Tunisia - Jordan. Jordan is specifically considered the most complex country in registering organizations where the Jordanian law for registering civil organizations requires obtaining a permit from the Ministry of Social Development, provided adequate information is provided about The organization, its founders, and its employees, and the registration time takes a period of no less than three months, and the law gives the Minister of Social Development the right to reject the application for any reason he deems appropriate, and there is no mechanism for judicial review of the minister's decision or appeal against the decision.

Moroccan law requires organizations that wish to engage in private activity to register compulsory before practicing any activity and obtaining a permit from the Directorate of Non-Governmental Organizations at the headquarters of the local administration authority

Lebanon tried to get out of the mandatory framework for registering organizations, but at the same time it did not open the door wide for the optional registration of organizations, with the necessity to notify the Ministry of Interior of the establishment of the organization and not to obtain its approval and to be informed of the dangers in the form of a receipt within 30 days from the date of notification, but actually it may The issuance of the receipt requires several months, and Lebanese law has prohibited organizations from receiving any foreign funds without obtaining the receipt of knowledge of the dangers, and it also prevented the organization's right to establish a bank account without obtaining the receipt.

Power to dissolve the organization

Just as countries were divided over the methods of registering organizations, they were also divided over the powers of dissolution of organizations. Most of the European countries have delegated the powers of dissolution to the judiciary, which reflects the extent of independence and the lack of interference of authorities within countries such as the Netherlands, Belgium and Turkey, and some Arab countries joined the mandate of the judiciary in the solution, such as Morocco and Tunisia. Although Algeria gives the government the right to dissolve in the event of a violation of the organization, it has suspended the dissolution decision on issuing a court ruling on the violation.

On the contrary, countries such as Iraq and Jordan keep giving the government the right to dissolve the organizations if they violate any of the provisions stipulated in the order, and the judiciary does not supervise the actions of the executive authority in this matter, as the organizations cannot appeal or appeal the decisions taken by the government. In it, the Minister of Social Development can reject the request to establish and dissolve the organization without any judicial oversight. Government representatives also have the right to attend the organization’s meetings, examine its headquarters and records, and more than that. The ministry plays an active role in the organization and internal management of the non-governmental organization. It is also entitled to attend any elections and Under certain circumstances, a temporary board of directors will be appointed to run the organization until new elections are held within 60 days.

Although the state of France is almost completely in conformity with the law organizing civil organizations in it with international standards, it gives in part the right to the Ministry of the Interior to revoke the recognition of the association if the requirements that the organization must present periodically, such as the financial report and the civil status of the members of the organization are not met .

The third axis: the constitution and international obligations

The new constitution gave civil society real advantages when it stipulated in Article 75 that NGOs were allowed to easily be established and bureaucratic procedures were alleviated from them, and the constitutional legislator worked to protect them from interference and corruption of employees, as the constitution authorized the judiciary to settle any dispute and prohibited the dissolution of organizations from the administrative authorities and a legacy in the hands of Complete elimination.

Constitutional texts and oversight of organizations ’work

The constitution also granted organizations complete freedom to provide their services to citizens, and for the first time, the constitutional articles stipulate that the dissolution of associations be assigned to the judiciary only. This is guaranteed by Article 75 of the Constitution, which states “Citizens have the right to form associations and civil institutions on a democratic basis, and they shall have legal personality upon notification. It exercises its activities freely, and administrative bodies may not interfere in their affairs, dissolve them, or dissolve their boards of directors or their boards of trustees except by a court ruling. It is prohibited to establish or maintain associations or civil institutions whose system or activity is secret or of a military or quasi-military character, all in the manner organized by law.

· International Agreements

International charters and principles called on states to simplify procedures for establishing civil society organizations, especially Article 22 of the International Covenant on Civil and Political Rights, which states: -

Everyone has the right to freedom of association with others, including the right to form and join trade unions in order to protect their interests.

- No restrictions may be placed on the exercise of this right except those stipulated by law and which constitute necessary measures, in a democratic society, to maintain national security, public safety, or public order, protect public health or morals, or protect the rights and freedoms of others. This article does not prevent members of the armed forces and police from subjecting to legal restrictions on exercising this right.

- There is no provision in this article that permits states parties to the International Labor Organization Convention of 1948 regarding freedom of association and protection of the right to organize and take legislative measures that would lead to it, or to apply the law in a way that violates the guarantees stipulated in that convention.

The Universal Declaration of Human Rights also recognized in its Article 20 in the first and second paragraphs the right to freedom of formation or joining associations, which stipulated

Everyone has the right to freedom of peaceful assembly and association.

- No one may be compelled to belong to an association.

Egypt's voluntary commitments

Egypt was subjected to the universal periodic review in 2014 and 300 recommendations were made to it from multiple countries, including a number of recommendations that demanded Egypt to ease restrictions on oversight and construction procedures related to civil society organizations, some of which were fully and partially accepted by Egypt, the text of which was: -

First: Recommendations that Egypt fully accepted

212-166 Ensure an environment conducive to the work of journalists, human rights defenders and civil society organizations (Tunisia);

166-232 laying down the law providing for the right to establish NGOs only by notification and approval (Slovakia);

166-234 Adoption of the new law on non-governmental organizations that fully guarantees the enjoyment by civil society of a set of rights in line with international standards (Italy);

166-236 Ensure the full implementation of the Constitution's provisions relating to freedom of civil society action, including by revising the NGO Act to bring it into line with international standards and protect freedom of expression (United Kingdom of Great Britain and Northern Ireland);

166-240 Adopt legislation that facilitates the work of NGOs in a way that promotes human rights and benefits the political process as a whole in Egypt (Croatia);

166-241 harmonizing the NGO Bill with international standards and the Egyptian Constitution (Iceland);

166-242 Withdrawal of the civil society organizations bill that threatens their independence by enabling the government to dissolve them without a court order or refusing to grant licenses to new organizations for reasons such as “national unity” (Ireland);

166-244 Expediting the enactment of an NGO law in line with the new constitution, and granting NGOs legal personality upon submission of notification of their establishment (Republic of Korea);

Second: The recommendations that Egypt partially accepted

166-231 Protect freedom of assembly and association by revising the Protest Law, eliminating all forms of interference with the registration and operation of NGOs, ensuring their right to seek and receiving funding, and stop issuing final warnings to unregistered NGOs (Norway);

166-233 reformulating the new NGO law to allow for the full exercise of the right to freedom of formation of local and international organizations independently and without risks to continuity (Spain);

166-237 enact an NGO law allowing international and national human rights NGOs to operate without interference, in line with international standards (Austria);

166-243 amending the Associations Act to comply with international standards, including allowing NGOs to operate without hindrance such as obtaining prior permission, monitoring their funding, and dissolving them administratively (Denmark);

166-247 Protect freedom of association in accordance with the Egyptian constitution, by adopting a new NGO law that is fully in line with international standards and best practices, including with regard to foreign funding (Germany);

Fourth Axis: Recommendations

Based on all of the above, the Maat Foundation for Peace, Development and Human Rights believes that there are multiple problems and obstacles that characterize Law 84 of 2002, which are the problems of prior control that hinder the work of Egyptian NGOs at all levels, especially those that subject the institution all the time to a decision by the authorities The administration, which has delegated its authority to a bureaucratic system inherited from an era of corruption prior to the revolution of the twenty-fifth of January, and the Foundation concluded a set of recommendations at the legislative level, and the qualification of workers in the administrative authorities, may fall within the framework of the general interest of the Egyptian state and through which we can communicate with the ruling regime whatever it is. Within the framework of a true development partnership between civil society and governmental institutions in order to ensure the raising of the level of human rights in general for the benefit of the Egyptian people.

First: Legislative Amendments

The creation of articles stipulating that the state shall put in its plans and programs mechanisms for empowering and integrating civil organizations in the formulation and implementation of national policies and projects, as well as making various types of information available to entities subject to the law in their field of work to help them achieve their programs and projects.

- The creation of an article that provides for guaranteeing the freedom to establish civil organizations by notification and their independence without obstruction or obstruction by the public authorities, whether directly or indirectly.

- Amending the seventh article of the law, which prohibits the right to litigation except after it is presented to the Dispute Settlement Committee, in order to comply with the validity of the constitutional articles that gave everyone the right to resort to justice.

- Amending Article 11, which does not give the association the right to perform any activity except after the approval of the administrative body and used loose and elastic words that gave the administrative body the right not to agree to establish the organization on the pretext of threatening national unity or violating public order or morals or calling for discrimination between citizens on the basis of gender or Origin, color, language, religion, or creed, by fully clarifying the concept of each term from the former, and also making a subsequent objection to the association’s request to implement the activity by a court ruling, and within a period of time not exceeding a month.

- Amending item (c) of Article 13 so that the exemption from customs taxes and other fees imposed on the number, machinery, equipment and production supplies imported by organizations, as well as on gifts, gifts and aid they receive from abroad by notification, with the right of the administrative body to object within a period not exceeding 15 One day from the date of notification, while retaining the administrative authority the right to resort to litigation to stop what it deems violating.

- Amending Article 25 to stipulate that in the event that the number of board members is not sufficient for its meeting to be valid, a period of time for the Board of Directors meeting will be determined by the members attending it, and its decisions shall be issued by the majority of the attendees, and this board shall have the right to call for an emergency general assembly to elect a new board of directors and cancel A paragraph designating a knowledgeable commissioner for social affairs with the aim of stopping unjustified interference in the affairs of associations and robbing them of the powers of the general assembly.

- Amending Article 16 of the law so that organizations have the right to join or participate in international institutions in order to raise the level of services they provide. After notifying the administrative body.

- Amending Article 17 so that organizations have the right to collect donations and receive internal and external funds, provided that the administrative body is notified, and if the administrative body sees an objection, it must inform the organization of the reasons for its objection by a registered letter with acknowledgment of receipt, and if the association does not remove the reasons for the objection within fifteen days from the date of its notification Thus, the administrative body may resort to the judiciary within sixty days, and in this case it may request the judiciary urgently to remove the causes of the violation while the association continues its activities, or to temporarily suspend the association’s activity until the issue of the administrative body’s objection is decided.

- Deleting Article 20: and adding an article instead of it stating that only employees designated by a decision of the Minister of Social Solidarity may enter the association’s headquarters or its branches or view its records except in the event that the employee carries a card issued by his workplace that allows him to enter the headquarters and branches of associations with a view to Review his records, provided that the association is notified of the date of the visit and the reasons for it at least one week before it.

- Amending Article 42 by defining the concept of broad terminology that gives the administrative and supervisory authorities the right to use it for intransigence and imposing guardianship on Egyptian civil society organizations by clearly defining the concept of national security and setting up a table showing what are the things that are considered in violation of public morals and also defining the concept of national unity. In all cases, the solution is not without a judicial decision.

Abolishing the right of the administrative body to dissolve the boards of directors of organizations that work under the umbrella of the law in Article 92 and refer to litigation in order for the article to comply with the new Egyptian constitution in Article 75, which led to the inability to dissolve associations without a court decision

- Amending the first chapter of Law 84 of 2002, which is mandated to detail the methods of incorporation to comply with Article 75 of the constitution, provided that the incorporation takes place upon notification, and in the event of objection by the administrative body, the organization shall resort to the court within a period not exceeding 30 days from the date of notification, and in the event of non-response, the organization becomes famous By force of law

- Work to strengthen the role of regional and specific federations, with the necessity that all members of their councils be formed by elections.

Creating legal articles that give more opportunities to associations to establish economic activities that help the association increase its financial resources.

Second: Rehabilitation and training of the administrative body cadres

- Raise the level and capabilities of workers in the administrative bodies, the departments of the Ministry of Social Solidarity, which are entrusted with the work of civil organizations, in order to eliminate the excessive bureaucracy that most of the employees working in these departments suffer from

- Establishing new regulations governing work within these departments to allow the organization to deal with only one employee to end all procedures related to the organization to ensure that time and money are not wasted and to eliminate corruption and favoritism

Review all reports of the concerned employees on all organizations and re-evaluate them again.

[1] - Litigation is a safeguarded right and is guaranteed to all. The state commits to bringing the litigating bodies closer, and works to expedite the settlement of cases. It is prohibited to immunize any or administrative decision from judicial oversight, and no person can be tried except before his natural judge, and exceptional courts are prohibited.

Paper - policies - supervision - and control