Silence is not an option: A call from Civil Society for the UN Human Rights Council to address the grave human rights situation in Egypt, and ensure respect for democratic development

As civil society from around the world we express support for those struggling for a future in Egypt based on human rights and democracy. At this critical juncture in Egypt’s history, at a time when peaceful political activists, human rights defenders and all forms of independent media in Egypt are under attack, we write to urge your delegation to work with other members and observer states of the United Nations Human Rights Council (HRC) to address the grave situation of human rights in Egypt at the upcoming 25th Session of the UN HRC. We believe that the serious and rapid deterioration of the human rights situation in Egypt requires the HRC to take a principled position of addressing this situation now, through the adoption of a resolution on Egypt.

According to Egyptian and international human rights organizations, repression in the country has reached levels unprecedented since the 2011 uprising. The security forces have embarked on a severe and comprehensive crackdown against persons who have dared to publicly criticize the military-backed government, including members of the Muslim Brotherhood, supporters of deposed president Mohamed Morsi, as well as pro-democracy and human rights movement activists within the country.

The current human rights situation is characterized by repeated excessive use of force, including lethal force, by the security forces, leading to the death of hundreds of protesters; increasingly severe restrictions on freedom of association, freedom of assembly and freedom of expression, as well as 

academic freedoms; the arbitrary imprisonment of protest leaders, university students, journalists and others; and a failure to protect vulnerable groups, including minorities. Women’s rights have been particularly affected as a consequence of the current political polarization and high levels of 

sexual and gender-based violence has been reported. The effective participation of women in the public sphere has diminished due to continued impunity for gender-based violations. Coptic Christian communities have also faced high levels of sectarian attacks particularly after 3 July 2013.

The crackdown above has led to increasing instability within Egypt, and a rapidly deteriorating human rights situation. In this context the UN HRC, should call on the Egyptian government to respect its international human rights obligations, ensure accountability for human rights violations within the country, and act in accordance with democratic principles.

As the Human Rights Council is mandated to “address situations of violations of human rights, including gross and systematic violations,” we urge your delegation to mobilize Council action that would:

  1. Condemn in the strongest terms the persistent climate of impunity and restrictions on peaceful assembly and expression, including the repeated excessive and indiscriminate use of force by Egyptian security forces against demonstrators, in violation of basic international policing standards, which has resulted in the loss of life of a large number of protesters and bystanders, including the use of “crowd control” weapons, such as tear-gas canisters, in a disproportionate or unlawful manner. 
  2. Condemn the rising number of attacks and bombings that have resulted in deaths among civilians and security forces, and remind the Egyptian government of their duty to protect citizens in a manner consistent with international human rights standards. 
  3. Urge the Egyptian government to ensure security forces act in accordance with international human rights laws and standards on the use of force, including the UN Code of Conduct for Law Enforcement Officials and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, and ensure appropriate regulations on the use of “crowd control” weapons in order to ensure the safety of demonstrators.
  4. Urge the Public Prosecutor to initiate investigations into the use of lethal force by security forces that has resulted in the killing of hundreds of protesters; and further ensure such investigations take into consideration relevant forensic evidence, and the investigations are safeguarded against interference and harassment from security officials. 
  5. Welcome the creation of a national Fact-Finding Commission by the interim President of Egypt and urge the authorities to immediately ensure (a) that prompt, independent and impartial investigations are carried out into all occurrences of killings of protesters and grave injuries regardless of their affiliation, including bystanders, demonstrators and security officers, in line with international standards, and crimes related to sectarian violence and sexual assaults on women; (b) that the findings and recommendations are made public; and (c) that those responsible are brought to justice. Also urge that the findings and recommendations of the two previous national Fact Finding Commissions created in 2011 and 2012 be made public.
  6. Urge the government of Egypt to empower the current national Fact Finding Commission with a mandate that grants it independence,  and the authority to access evidence and information from all government and security bodies, officials, individuals and relevant files and documents, as well as the right to summon any person including members from the ministry of interior and the military regardless of their rank or affiliation, and meet witnesses in full secrecy without interference or harassment.
  7. Urge the Egyptian authorities to provide the Commission with regular updates on progress in investigations and towards accountability, and note that in the absence of tangible progress towards accountability in Egypt, the Council will consider alternative mechanisms to establish truth and accountability.
  8. Further note with concern that the absence of transparent investigations and accountability to date for grave human rights violations committed in Egypt since January 2011 may necessitate an international inquiry into such violations unless meaningful accountability occurs on a national level.
  9. Urge the Egyptian government to cease ongoing harassment against human rights defenders, including defamation campaigns and threats, and to “acknowledge publicly the important and legitimate role of civil society in the promotion of human rights, democracy and the rule of law.”1
  10. Welcome the request by Interim President Adly Mansour to release all those arbitrarily detained, particularly students, without evidence proving their criminal responsibility, and urge the Egyptian authorities to immediately drop charges against and release all political prisoners, including those arrested while exercising their right to protest peacefully, and national and international media personnel arrested in the context of performing their duties as journalists.
  11. Urge the Egyptian government to fulfill its obligation to ensure the basic human rights of prisoners and detainees in particular the rights concerning life and human treatment, and to allow for monitoring of the conditions of detention by independent national or international bodies.
  12. Urge the Egyptian government to repeal the new protest law or amend it in line with international standards on freedom of assembly and association, including by ceasing the arrest and prosecution of demonstrators on charges of protesting without notifying the authorities and the ending the use of excessive force including lethal force against peaceful protestors.
  13. Call on the government of Egypt to ensure the full and effective protection of vulnerable groups, including members of religious minorities and women.
  14. Acknowledge the Government of Egypt’s cooperation in hosting the UN Office of the High Commissioner for Human Rights (OHCHR) visit in February 2014, and encourage the Government to set dates for visits by all relevant UN special procedures mandate holders, including the Working Group on Arbitrary Detention; the Special Rapporteur on torture and other cruel, inhuman, degrading treatment or punishment; and the Special Rapporteur on extrajudicial, summary or arbitrary executions.
  15. Urge the Government of Egypt to cooperate with the OHCHR in technical assistance in the areas of transitional justice and legislative reform, with a view to ensuring that new laws and policies are in line with international human rights standard.
  16. Note the potential need for the Human Rights Council to consider the situation in Egypt in light of ongoing crisis within the areas of human rights and democratic reform. 

Several UN officials, including the High Commissioner for Human Rights, Navi Pillay, and Special Procedures of the UN Human Rights Council, have called for restraint and prompt, independent and effective investigations into human rights violations committed in Egypt. In the context of the 

unprecedented human cost of the last few months and the risk of further deterioration of the situation. It is increasingly important that the main UN body in charge of human rights does not fail to respond. The failure of the UN Human Rights Council to take up this crisis would greatly undermine its legitimacy and relevance, and further encourage the escalation of violence and repression in Egypt.

We thank you for your attention.

Yours sincerely, 

  1. Amnesty International
  2. Asian Forum for Human Rights and Development (FORUM-ASIA) 
  3. Centro de Estudios Legales y Sociales (CELS) 
  4. CIVICUS—World Alliance for Citizen Participation 
  5. Commonwealth Human Rights Initiative (CHRI) 
  6. Conectas Direitos Humanos 
  7. Corporación Humanas 
  8. DIGNITY – Danish Institute Against Torture 
  9. East and Horn of African Human Rights Defenders Project (EHAHRDP) 
  10. Euro-Mediterranean Human Rights Network (EMHRN) 
  11. Human Rights First (HRF) 
  12. Human Rights Watch (HRW) 
  13. International Federation for Human Rights (FIDH) 
  14. International Service for Human Rights (ISHR) 
  15. Western Africa Human Rights Defenders Network (WAHRDN) 

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