Section 3. Freedom to Participate in the Political Process
The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Constraints on freedom of expression, association, and assembly, however, limited citizens’ ability to do so.
Elections and Political Participation
Recent Elections: The country held parliamentary elections in several rounds in 2015. Domestic and international observers concluded that authorities administered parliamentary elections professionally and in accordance with the laws. Observers expressed concern regarding restrictions on freedoms of peaceful assembly, association, and expression and their negative effect on the political climate surrounding elections.
Domestic and international observers concluded authorities administered the 2014 presidential election professionally and in line with the law, but they expressed serious concerns regarding constraints on the freedoms of expression and association and limits on freedom of the press leading to the election, which “prevented free political participation and severely compromised the broader electoral environment.”
Political Parties and Political Participation: The constitution grants citizens the ability to form, register, and operate political parties. The law requires new parties to have a minimum of 5,000 members from each of at least 10 governorates. The constitution also states, “No political activity may be practiced and no political parties may be formed on the basis of religion or discrimination based on gender, origin, or sectarian basis or geographic location. No activity that is hostile to democratic principles, secretive, or of military or quasi-military nature may be practiced. Political parties may not be dissolved except by virtue of a court judgment.”
The Freedom and Justice Party, the political wing of the MB, remained banned. Authorities did not ban other Islamist parties, including the Strong Egypt Party and the Building and Development Party, although those parties boycotted the 2015 parliamentary elections, citing a “negative political environment.” The Islamist al-Noor Party participated, winning 11 seats.
Press reported a wave of arrests of members of smaller political parties, including the Bread and Freedom Party and the Dostour Party in April and May. Authorities detained more than 40 individuals. This included former presidential candidate and human rights lawyer Khaled Ali, who authorities arrested and charged with public indecency after a photograph showed him making a provocative hand gesture in public. In September a court sentenced Ali to three months in prison. On November 6, Ali announced he would run in the 2018 presidential election if he is not barred as a result of his conviction. The next hearing for his appeal is January 3. Human rights organizations claimed the charges against Ali were politically motivated.
In December Anwar al-Sadat, the head of the opposition Reform and Development Party, claimed the security services had repeatedly prevented hotels in Cairo from renting him space to hold a press conference for his party. Sadat claimed that two public campaigns supporting President Abdel Fattah al-Sisi for a second term have been able to hold press conferences, with the support of government agencies.
Participation of Women and Minorities: No laws limit participation of women, members of minorities, or both in the political process, and they did participate. Social and cultural barriers, however, limited women’s political participation and leadership in most political parties and some government institutions. Voters elected a record number of 75 women, 36 Christians, and nine persons with disabilities to parliament during the 2015 elections, a substantial increase compared with the 2012 parliament. The House of Representatives law outlines the criteria for the electoral lists, which provides that the House of Representatives must include at least 56 women, 24 Christians, and nine persons with disabilities. In 2015 the president appointed 28 additional members of parliament, including 14 women and two Christians. The House of Representatives law grants the president the authority to appoint House of Representatives members, not to surpass 5 percent of the total number of elected members. If the president opts to use this authority, one-half of his appointments must be women, according to the law. Parliament included 89 women and 38 Christians.
Three women led four cabinet ministries; not all cabinet members hold portfolios. No members of religious minorities were among the appointed governors of the 27 governorates. In February the president appointed Nadia Abdou governor of Behaira, making her the country’s first female governor. No women were on the Supreme Constitutional Court. Legal experts stated there were approximately 66 female judges serving in family, criminal, economic, appeals, and misdemeanor courts; that total was less than 1 percent of judges. Several senior judges were Christian.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
The government continued to exhibit an uncooperative and suspicious approach to international and local human rights organizations. Government officials publicly asserted they shared the civil society organizations’ goals, but they rarely cooperated with or responded to the organizations’ inquiries. Domestic civil society organizations criticized the government’s consultations with civil society as insufficient. Provisions in the new NGO law and penal code for penalties of up to life imprisonment for requesting or accepting foreign funding to undermine state security continued to have a chilling effect on NGO operations (see section 2.b.).
Extended delays in gaining government approvals and an unclear legal environment continued to limit the ability of domestic and international NGOs to operate. State-owned and independent media frequently depicted NGOs, particularly international NGOs and domestic NGOs that received funding from international sources, as undertaking subversive activities. Some NGOs reported receiving visits or calls to staff, both at work and at home, from security service officers and tax officials monitoring their activities, as well as societal harassment.
Human rights defenders and political activists were also subject to governmental and societal harassment and intimidation, including through travel bans (see section 2.d.). Print and television media published articles that included the names, photographs, business addresses, and alleged meetings held by activists, including meetings held with foreign diplomatic representatives.
Well established, independent domestic human rights NGOs struggled to operate amid increasing pressure from security forces throughout the country. Widespread online censorship (see section 2.a.) diminished internet activists’ and bloggers’ role in publicizing information concerning human rights abuses. Authorities sometimes allowed civil society organizations not registered as NGOs to operate, but such organizations often reported harassment, along with threats of government interference, investigation, asset freezes, or closure.
The government reopened investigations into the receipt of foreign funding by several human rights organizations (see section 1.b.).
Major international human rights organizations, such as HRW and AI, did not have offices in the country after closing them in 2014 due to “concerns about the deteriorating security and political environment in the country.”
The United Nations or Other International Bodies: The government did not respond to the visit requests from 10 UN special rapporteurs charged with investigation or monitoring of alleged human rights abuses. The oldest pending request was from the special rapporteur on torture in 1996. The most recent pending request was from the special rapporteur on the promotion and protection of human rights while countering terrorism as issued during the year. The government had agreed to but not yet scheduled dates for the visits of three special rapporteurs, including those responsible for violence against women; promotion of truth, justice, reparation, and provision for their nonrecurrence; and foreign debt. Authorities did not allow the ICRC access to prisoners and detainees. The Interior Ministry provided some international organizations informal access to some detention centers where authorities detained asylum seekers, refugees, and migrants to provide humanitarian assistance (see section 2.d.).
Government Human Rights Bodies: The NCHR monitored government abuses of human rights and submitted citizen complaints to the government. A number of well-known human rights activists served on the organization’s board, although some observers alleged the board’s effectiveness was sometimes limited because it lacked sufficient resources and the government rarely acted on its findings. The council at times challenged and criticized government policies and practices, calling for steps to improve its human rights record. For example, the NCHR called for improved prison conditions and for repeal of the protest law.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law prohibits rape, prescribing criminal penalties of 15 to 25 years’ imprisonment, or life imprisonment for cases of rape involving armed abduction. Spousal rape is not illegal. The government did not effectively enforce the law. Civil society organizations reported police pressure not to pursue charges.
Domestic violence was a significant problem. The law does not prohibit domestic violence or spousal abuse, but authorities may apply provisions relating to assault with accompanying penalties. The law requires that an assault victim produce multiple eyewitnesses, a difficult condition for domestic abuse victims. Police often treated domestic violence as a social rather than criminal matter.
The Ministry of Social Solidarity supported eight women’s shelters. The Interior Ministry includes a unit responsible for combating sexual and gender-based violence. The NCW, a quasi-governmental body, was responsible for coordinating government and civil society efforts to empower women. In 2015 the NCW launched a five-year National Strategy to Combat Violence Against Women with four strategic objectives: prevention, protection, intervention, and prosecution.
Female Genital Mutilation/Cutting (FGM/C): FGM/C is illegal, but it remained a serious problem. According to the 2015 Egypt Health Issues Survey, published during 2016 by the Ministry of Health and Population, 70 percent of girls between ages 15 and 19 had undergone FGM/C, a decrease from 81 percent in 2008.
A 2016 amendment to the law designates FGM/C a felony, as opposed to a misdemeanor as it was previously, and assigns penalties for conviction of five to seven years’ imprisonment for practitioners who perform the procedure, or 15 years if the practice led to death or “permanent deformity.” The law granted exceptions in cases of “medical necessity,” which rights groups identified as a problematic loophole that allowed the practice to continue. According to international and local observers, the government did not effectively enforce the FGM/C law.
Other Harmful Traditional Practices: The law does not specifically address “honor” crimes, which authorities treated as any other crime. There were no reliable statistics regarding the incidence of killings and assaults motivated by “honor,” but local observers stated such killings occurred, particularly in rural areas.
Sexual Harassment: Sexual harassment remained a serious problem.
The government prioritized efforts to address sexual harassment. The penal code defines sexual harassment as a crime, with penalties including fines and sentences of six months to five years’ imprisonment if convicted. Media and NGOs reported that sexual harassment by police was also a problem, and the potential for further harassment further discouraged women from filing complaints.
In April as part of a focus on sexual harassment during the holiday of Sham el-Nessim, police reportedly detained dozens of men in connection with accusations of sexual harassment. Police forces, including female officers, were deployed in public gardens, parks, and streets, and government hotlines were available for reporting incidents.
On July 30, a Cairo court convicted a male tuk-tuk (covered moped taxi) driver of “harassment” after he sexually assaulted a woman in September 2016 while she was walking in a street and sentenced him to five years’ imprisonment. According to the NCW, the ruling was the first conviction under the sexual harassment law.
Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: .
Discrimination: The constitution provides for equal rights for male and female citizens. Women did not enjoy the same legal rights and opportunities as men, and discrimination was widespread. Aspects of the law and traditional societal practices disadvantaged women in family, social, and economic life.
Women faced widespread societal discrimination, threats to their physical security, and workplace bias in favor of men that hindered their social and economic advancement.
Laws affecting marriage and personal status generally corresponded to an individual’s religious group. A female Muslim citizen cannot legally marry a non-Muslim man. If she were to do so, authorities could charge her with adultery and consider her children illegitimate. Under the government’s interpretation of Islamic law, any children from such a marriage could be placed in the custody of a male Muslim guardian. “Khula” divorce allows a Muslim woman to obtain a divorce without her husband’s consent, provided she forgoes all her financial rights, including alimony, dowry, and other benefits. The Coptic Orthodox Church permits divorce only in rare circumstances, such as adultery or conversion of one spouse to another religion. Other Christian churches sometimes permitted divorce on a case-by-case basis.
The law follows Islamic sharia in matters of inheritance; therefore, a Muslim female heir generally receives one-half the amount of a male heir’s inheritance, and Christian widows of Muslims have no inheritance rights. A sole Muslim female heir receives one-half her parents’ estate, and the balance goes to the siblings of the parents or the children of the siblings if the siblings are deceased. A sole male heir inherits his parents’ entire estate. A court case suing for the right of a Christian family to divide property equally among sons and daughters was pending appeal.
In marriage and divorce cases, a woman’s testimony must be judged credible to be admissible. Usually the woman accomplishes credibility by conveying her testimony through an adult male relative or representative. The law assumes a man’s testimony is credible unless proven otherwise.
The law makes it difficult for women to access formal credit. While the law allows women to own property, social and religious barriers strongly discouraged women’s ownership of land, a primary source of collateral in the banking system.
Labor laws provide for equal rates of pay for equal work for men and women in the public but not the private sector. Educated women had employment opportunities, but social pressure against women pursuing a career was strong. Large sectors of the economy controlled by the military excluded women from high-level positions.
Birth Registration: Children derive citizenship through the citizenship of their parents. The mother or the father transmits citizenship and nationality. The government attempted to register all births soon after birth, but some citizens in remote and tribal areas, such as the Sinai Peninsula, resisted registration or could not document their citizenship. In some cases failure to register resulted in denial of public services, particularly in urban areas where most services required presentation of a national identification card.
Education: Education is compulsory, free, and universal until the ninth grade. The law provides this benefit to stateless persons and refugees. Public schools enrolled Syrian refugees, but they largely excluded refugees of other nationalities.
Child Abuse: The constitution stipulates the government shall protect children from all forms of violence, abuse, mistreatment, and commercial and sexual exploitation. According to a local rights group, authorities recorded hundreds of cases of alleged child abuse each month. No dedicated government institution addressed child abuse, although several civil society organizations assisted runaway and abandoned children.
In March the Department of Family and Children at the Ministry of Social Solidarity investigated complaints of child abuse in the Ishraqa orphanage in Six October City. According to a ministry official, orphanage employees beat and sexually assaulted the children; moreover, they did not receive adequate food or supervision. One orphanage employee told the press the abuse had continued for years. Police arrested the former orphanage supervisor as part of a continuing investigation.
Rights organizations reported children faced mistreatment in detention, including torture, sharing cells with adults, denial of their right to counsel, and authorities’ failure to notify their families. According to a local rights group, police sometimes charged street children with unsolved crimes to increase perceived police effectiveness. On January 31, authorities released Mazen Mohamed Abdallah pending investigation of charges of belonging to a banned group, protesting without authorization, and printing flyers inciting protests. Security forces detained then 14-year-old Abdallah in 2015. AI reported authorities held him for seven days without contacting his family and that authorities tortured Abdallah, including by raping him with a wooden stick and subjecting him to electric shocks. The Interior Ministry denied these claims. No further information was available on the case as of year’s end.
Early and Forced Marriage: The legal age of marriage is 18. According to UNICEF 17 percent of girls married before age 18, and 2 percent of girls were married by age 15. According to NCW statistics, nearly 36 percent of marriages in rural areas in the southern part of the country included a partner who was not yet age 18. Families reportedly sometimes forced adolescent girls to marry wealthy foreign men in what were known locally as “tourism” or “summer” marriages for the purpose of sexual exploitation, prostitution, or forced labor. According to the law, a foreign man who wants to marry an Egyptian woman more than 25 years younger than he is must pay a fine of EGP 50,000 ($2,830). Women’s rights organizations argued that allowing foreign men to pay a fine to marry much younger women represented a form of trafficking and encouraged child marriage. They called on the government to eliminate the system altogether. The Antitrafficking Unit at the National Council for Childhood and Motherhood (NCCM), a governmental body, is responsible for raising awareness of the problem.
Sexual Exploitation of Children: The law provides for sentences of not less than five years’ imprisonment and fines of up to EGP 200,000 ($11,315) for conviction of commercial sexual exploitation of children and child pornography. The government did not adequately enforce the law. The minimum age for consensual sex is age 18.
Displaced Children: The CAPMAS and the National Council for Motherhood estimated the number of street children to be 16,000, while civil society organizations estimated the number to be in the millions. The ministry offered shelters to street children, but many chose not to use them because staff treated the children as if they were criminals, according to local rights groups. According to rights groups, the incidence of violence, prostitution, and drug dealing in these shelters was high. Religious institutions and NGOs provided services for street children, including meals, clothing, and literacy classes. The Ministry of Health and Population offered mobile health clinics staffed by nurses and social workers. In July the Ministry of Social Solidarity launched an initiative in which 17 mobile units in 10 governorates provided emergency services, including food and health care, to street children.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.
The country’s Jewish community reportedly numbered less than 20 individuals. Criticism of Israel rarely reached the level of anti-Semitism in public discourse. State-owned and private media greatly reduced the use of anti-Semitic rhetoric, including by academics, cultural figures, and clerics, with cartoons demonizing Jews. There were a few reports of imams using anti-Semitic rhetoric in their sermons. Societal anti-Semitism remained widespread.
In praise of a UNESCO resolution on Jerusalem, Grand Mufti of Dar al-Ifta Shawky Allam called al-Aqsa Mosque “a holy site dedicated only for Muslims without any right for Jews,” according to press reports.
The chairman of parliament’s Human Rights Committee, Alaa Abed, said the “Zionist Lobby” funded an HRW report on torture in Egyptian jails.
For the seventh consecutive year, authorities cancelled the Abu Hassira celebrations scheduled for January, preventing an annual Jewish pilgrimage, which in previous years had included many Israelis, to the shrine of 19th-century scholar Rabbi Yaakov Abu Hassira. The cancellation followed a 2014 administrative court decision to ban the festival permanently, stating the festival was a “violation of public order and morals” and “incompatible with the solemnity and purity of religious sites.”
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The constitution states persons with disabilities are equal without discrimination before the law, but no laws explicitly prohibited discrimination, nor mandate access to buildings, information, communication, or transportation.
The law provides for persons with disabilities to gain access to vocational training and employment. Government policy sets a quota for employing persons with disabilities of 5 percent of workers with disabilities for companies with more than 50 employees. Authorities did not enforce the quota requirement, and companies often had persons with disabilities on their payroll to meet the quota without actually employing them. Government-operated treatment centers for persons with disabilities, especially children, were of poor quality.
The Ministries of Education and Social Solidarity share responsibility for protecting the rights of persons with disabilities. Persons with disabilities rode government-owned mass transit buses without charge, but the buses were not wheelchair accessible. Persons with disabilities received subsidies to purchase household products, wheelchairs, and prosthetic devices.
The law prohibits discrimination on any grounds. Nevertheless, dark-skinned Egyptians and sub-Saharan Africans faced discrimination and harassment, as did Nubians from Upper Egypt.
According to the constitution, the state should make efforts to return Nubians to their original territories and develop such territories within 10 years of the constitution’s 2014 ratification.
On September 3, security forces in Aswan arrested 25 Nubians who were participating in a protest to commemorate the 2011 detention of Nubians during a sit-in. The charges against them included protesting illegally and receiving funds from foreign sources. Several of the original detainees undertook hunger strikes in protest of their continued detention, including activist Gamal Sorour, who died on November 6 after falling into a diabetic coma. The death of Sorour triggered another protest on November 9 by members of the Nubian community outside the detention facility where Sorour had been held. Authorities reportedly arrested as many as 13 protesters at the event. On November 12, a court ordered the original 24 detainees released, pending their next hearing in 2018.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
While the law does not explicitly criminalize consensual same-sex sexual activity, it allows police to arrest LGBTI persons on charges such as “debauchery,” “prostitution,” and “violating the teachings of religion” and provides for prison sentences if convicted of up to 10 years. According to a local rights group, there were more than 250 reports of such arrests since 2013. Authorities did not use antidiscrimination laws to protect LGBTI individuals. Legal discrimination and social stigma impeded LGBTI persons from organizing or advocating publicly in defense of their rights. Information was not available on official or private discrimination in employment, occupation, housing, statelessness, or access to education or health care based on sexual orientation and gender identity. There were no government efforts to address potential discrimination.
There was an increase in reports of arrests and harassment of LGBTI individuals, particularly after a rainbow flag was raised on September 22, at a concert by the rock band “Mashrou Leila.” Intimidation and the risk of arrest greatly restricted open reporting and contributed to self-censorship. Rights groups and activists reported harassment by police, including physical assault and forced payment of bribes to provide information concerning other LGBTI individuals or to avoid arrest. The government has the authority to deport or bar entry to the country of LGBTI foreigners.
There were credible reports that authorities used social media, dating websites, and cell phone apps to entrap persons they suspected of being gay or transgender, a method that LGBTI advocates described as especially effective as LGBTI-friendly public spaces had largely closed during the past two years.
On September 25, police arrested seven persons for raising the rainbow flag at the “Mashrou Leila” concert. According to news reports, police also arrested a person for filming and promoting the concert on his Facebook page. By December 4, the number of arrests had risen to more than 70, including one minor. Of those arrested and convicted, 49 received sentences ranging from three months’ to six years’ imprisonment. Two detainees were released on probation and three acquitted. According to media reports, charges included “promoting sexual deviancy” and “habitual debauchery.”
On September 26, the Dokki court convicted and sentenced one man to six years’ imprisonment for practicing debauchery and being openly gay on social media. Press reports indicated the charges stemmed from police searches of LGBTI social media pages and linked the conviction to the rainbow flag incident.
Rights groups alleged that authorities, including the Forensic Medical Authority, subjected individuals detained on suspicion of debauchery to forced anal examinations.
On October 1, the Supreme Council for Media Regulation issued an order to ban all forms of promotion or sympathy toward LGBTI individuals on media outlets in addition to banning their appearance on media outlets.
HIV and AIDS Social Stigma
HIV-positive individuals faced significant social stigma and discrimination in society and the workplace. The health-care system provided anonymous counseling and testing for HIV, free adult and pediatric antiretroviral therapy, and support groups.
Other Societal Violence or Discrimination
There were incidents of mob violence and vigilantism, particularly sectarian violence against Coptic Christian Egyptians. On September 14, a mob of Muslim residents of Minya’s Ezbat el-Sheikh Nageim village attacked Coptic Christians, injuring three persons and destroying several shops and vehicles. The mob also pelted a church with stones, according to press reports. Police detained 19 persons in connection with the violence. Police also charged two Coptic Christian men with inciting sectarian strife and insulting Islamic leaders