November 21, 2024
The undersigned human rights organizations welcome the recommendation by the Sub-Committee on Accreditation (SCA) of the Global Alliance of National Human Rights Institutions (GANHRI) to downgrade Egypt’s National Human Rights Institution (NHRI), the National Council for Human Rights, to grade B. Previously, the Council had been granted A status by the SCA in 2006 and 2018, which did not reflect the Council’s lack of compliance with international standards. The decision to grant the Council B status therefore reflects growing international concerns over its compliance with the Paris Principles and marks an important step towards ensuring national institutions adhere to international standards regarding independence and effectiveness.
As of November 20, 2024, the SCA formally adopted its recommendations, which included the downgrade of Egypt's National Council for Human Rights (NCHR) to 'B' status. The SCA expressed serious concerns about the NCHR’s failure to meet the Paris Principles, particularly regarding its independence, effectiveness, and transparency. It highlighted that the NCHR lacks independence due to the direct appointment of its members by the executive branch, through a process that is neither transparent nor participatory, which severely undermines the Council’s ability to function without government interference. The SCA also pointed out the ineffectiveness in addressing critical human rights issues, including its failure to adequately respond to complaints about enforced disappearances and arbitrary detentions, which significantly compromises its mandate to protect human rights. Furthermore, the SCA criticized the NCHR’s lack of transparency, noting that it has not published any reports since 2020, which obstructs the ability of civil society and international bodies to evaluate its work. As part of its recommendations, the SCA called for substantial reforms to align the NCHR with the Paris Principles, stressing the urgency of implementing a transparent and inclusive appointment process, strengthening the Council’s responsiveness to human rights violations, and ensuring regular public reporting to enhance accountability.
The SCA’s decision echoes the concerns raised by the Committee for Justice (CFJ), MENA Rights Group, and the Egyptian Front for Human Rights (EFHR). In June 2023, the organizations submitted an alternative report to the SCA, arguing that the Council does not meet the standards set by the Paris Principles. In particular, it highlighted that the Council lacks independence because members are directly appointed by the parliament that is dominated by the ruling party. The Council is therefore subject to the undue influence from the executive branch and cannot function as an independent body holding the government accountable for human rights violations. This interference from the executive compromises the Council’s credibility and its ability to take decisive stances against state-perpetrated violations.
The Council also fails to effectively address hundreds of complaints concerning enforced disappearances and arbitrary detentions, underscoring the Council’s unwillingness to protect victims' rights and its inability to fulfill its mandate. Additionally, the council demonstrates a lack of transparency, as it has not published any reports since 2020. This lack of transparency hinders the ability of civil society and international bodies to evaluate the Council’s performance. Civil society actors have documented many serious abuses in prisons and detention centers, including acts of torture and ill-treatment, but these are rarely raised by the Council. When the Council does mention such cases, they are portrayed as isolated incidents rather than a systematic practice. Moreover, the Council’s visits to detention facilities are always prearranged with authorities, undermining their value as oversight mechanisms and reducing them to mere formalities with no tangible impact on improving detention conditions.
The Council has also systematically ignored the widespread violations of the right to a fair trial, focusing instead on promoting government achievements such as digital transformation and amendments to the Penal code, which faced extensive criticism. Moreover, the Council fails to address the fundamental challenges within Egypt’s judicial system, specifically the judicial authorities’ overuse of mass trials and legal proceedings that fail to meet fair trial standards.
Furthermore, the Council’s actions effectively provide a de facto cover for extra-judicial killings and executions in Egypt often targeting political opponents under the pretext of maintaining peace and security. This stance starkly contradicts calls from national and international organizations, as well as recommendations from member states during the Universal Periodic Review (UPR), urging Egypt to introduce a moratorium on the death penalty and to address impunity by credibly investigating allegations of extrajudicial killings, torture and forced disappearances by security forces, publicly release findings, and prosecute those responsible.
Ahmed Mefreh, Executive Director of the Committee for Justice, stated:
"The GANHRI recommendation sends a strong message that national human rights institutions must be independent and effective tools serving citizens, not mere governmental propaganda instruments to whitewash abuses."
MENA Rights Group commented:
"This decision underscores the critical importance of ensuring that national institutions are independent and transparent. It is not just a call for reform but a push for the NCHR to reclaim its rightful role as a defender of human rights, free from governmental pressure."
The Egyptian Front for Human Rights remarked:
"The GANHRI recommendation presents a rare opportunity to comprehensively restructure the National Council for Human Rights. The reforms must guarantee its independence and transform it into a body that prioritizes the interests and rights of the people."
The Council must work to strengthen its independence by ensuring that the government does not interfere in its activities, its financial and administrative autonomy. The NCHR should also improve its engagement with civil society by involving human rights organizations in policy-making and performance evaluation. Furthermore, the Council must hold Egyptian authorities accountable by documenting human rights violations and holding perpetrators responsible, along with ensure transparency through the regular publication of comprehensive activity reports.
NHRIs must abide by the standards of independence and transparency set by the Paris Principles. These principles are fundamental to the functioning of NHRIs as monitors and defenders of human rights, free from political interference or governmental pressures. When their independence is compromised, NHRIs become mere tools for justifying government policies rather than holding them accountable. Transparency is equally critical to allow civil society and the public to scrutinize the institution’s activities and evaluate its effectiveness. Without transparency, trust with local and international stakeholders erodes, rendering the institution ineffective. Therefore, the Council must adopt clear standards for publishing reports, empowering civil society to monitor its work, and ensuring its financial and administrative independence from the executive.
The SCA’s recommendation represents a critical opportunity for the Council to restructure itself and abandon its role as a governmental intermediary to become a genuine tool for human rights protection in Egypt. Restructuring must go beyond administrative or superficial changes and involve adopting a strategic vision that places human rights at the heart of its mission. The Council must sever any dependency on the government and rebuild its relationships with civil society, victims, and human rights defenders. It should begin by developing new mechanisms for addressing complaints more transparently and effectively and conduct unannounced and independent visits to detention centers. This step represents a starting point for comprehensive transformation to ensure that all council policies and actions are geared toward protecting human rights rather than justifying abuses. By placing human rights at the forefront of its priorities, the council can rebuild public trust and regain its standing as a legitimate national institution.
The undersigned organizations stress the importance of international stakeholders monitoring the implementation of these reforms, ensuring no recurrence of past violations, and providing the necessary technical support to transform the council into an effective and independent tool for promoting and protecting human rights in Egypt.
Signatories:
Committee For Justice
Egyptian Front for Human Rights
MENA Rights Group
