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| Steadfast in protest: Egypt |
(EGYPT) - The new Constitution of
Egypt is on the verge of being drafted. In order to support the
forthcoming work of the drafters, ARTICLE 19 has produced a
comprehensive policy brief outlining how the new Constitution should
protect the right to freedom of expression and freedom of information.
The
brief is based on international legal standards on freedom of
expression, including the decisions of international and regional human
rights courts as well as the authoritative interpretation of
international human rights law by the UN Human Rights Committee,
regional mechanisms and other bodies, such as the Special Rapporteur on
Freedom of Opinion and Expression.
The brief also lists specific
examples of constitutional provisions in a range of other countries.
ARTICLE 19 hopes that international and regional standards and
comparative examples indicating the best practices of states on the
protection of the right to freedom of expression and freedom of
information shall provide a useful source of reference and inspiration
for drafters of the new Egyptian Constitution.
More
specifically, ARTICLE 19 believes that the new Egyptian Constitution
must contain a substantive chapter or section devoted to the protection
of human rights, in the form of a Bill or Charter of Rights or
equivalent. Such protection of human rights should be at the heart of
the new Constitution. It is of paramount importance that the new
Constitution states that all international treaties ratified by Egypt,
customary international law and general international law have legal
force in Egypt, and that the core international human rights treaties
which Egypt has ratified are applicable and binding in domestic law.
ARTICLE
19 also strongly urges the drafters to ensure that the new Constitution
defines freedom of expression broadly to include the right to seek,
receive and impart information and ideas, and to cover all types of
expression and modes of communication. The Constitution should grant
this right to every person and should explicitly require that all
limitations to the right to freedom of expression strictly meet the
three-part test set by international law.
The brief makes a whole
range of specific recommendations for the protection of the right to
freedom of expression and freedom of information, including the access
to information, and details how the new Constitution should protect
freedom of media and freedom of expression through Information and
Communication Technologies (ICTs), and suggests mechanisms for
enforcement of rights.
Crucially,
ARTICLE 19 calls on the Egyptian Government to ensure that the process
of drafting the new Egyptian Constitution is genuinely participatory for
all groups in society, including women and minorities, and transparent
so that there is a real sense of ownership over the final text.
ARTICLE
19 hopes to continue to be engaged in assisting the Constitution
Drafting Committee and Egyptian stakeholders to formulate the best
possible constitutional framework for the Egyptian people, one to meet
the state’s international obligations but also serve to make human
rights protection and promotion part of daily life and social
consciousness in the country.
Downloads
Source: ARTICLE19
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