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A transitional step
Published in Al-Ahram Weekly on 13 - 05 - 2010

Following PM Ahmed Nazif's speech at parliament on Tuesday announcing the renewal of the State of Emergency for two more years, and the introduction of legal limits to the application of the Emergency Law, the Council of Ministers issued a press release saying that the limiting of the application of the law was "a transitional step towards the lifting of the state of emergency."
The reforms introduced, the press release went on to say "significantly curtail the special powers provided under the Emergency Law, prohibiting the Government from monitoring communications & media, confiscating publications & property, & ordering evacuations, transforming the government's political commitment to limit the use of the emergency law to counter terrorism into legal restrictions."
The Government requested on Tuesday 11 May, the extension of the state of emergency for another two years, the press release explained, it's reasons for this request being "the persistent and grave threats to national security posed by terrorism and narcotics trafficking."
However, the press release further explained that "At the request of the ruling National Democratic Party, the resolution before parliament includes for the first time legal restrictions on both the scope and the application of the emergency law."
It added that "Throughout the use of the emergency law, the government has consistently abided by its pledge to safeguard civil liberties and political rights in accordance with its obligations under the International Covenant on Civil and Political Rights that it acceded to in 1981, which allows for the use of emergency powers in the face of grave security threats."
According to the government's press release, "the Prime Minister reiterated [in parliament] the government's commitment to formulating a balanced counter-terrorism law and to lift the state of emergency once it is adopted by Parliament."
As for the new safeguards introduced in the reformed emergency law, the press release stated that "the government may not exercise the following extraordinary powers previously available under Paragraphs 2,3,4 & 6 of Article 3 of the Emergency Law, among them:
"The monitoring of all forms of communication;
"The monitoring, censoring, and confiscation of media and publications, and the ordering the closure of publishing houses & broadcasters;
"The confiscation of property;
"The regulation of the hours of operation of commercial activities;
"The evacuation and isolation of certain areas."
The Government, the press release said would limit its right to use emergency powers to cases stipulated under paragraphs one & five of article three of the Emergency Law, including:
"The arrest & detention of persons suspected of being involved in crimes of terrorism and narcotics trafficking;
"The searching of persons or places suspected of involvement in such crimes;
"The cancelation of licenses to bear arms or own explosive materials, and the right to confiscate them."
In explaining what prompted the renewal of the State of Emergency, the government's press release said that "Egypt faces a very real and serious threat of terrorism. Since the assassination of President Sadat, thousands of Egyptians have been killed by terrorist organizations. It has been targeted by groups opposed to its commitment to a civil state and its efforts to seek a negotiated settlement to the Arab-Israeli conflict, including its peace treaty with Israel, which has been in effect for over 30 years. This threat, and that posed by narcotics trafficking, are the exclusive reasons for the continued declaration of a State of Emergency."
Explaining further that many nations other than Egypt apply extraordinary measures to protect themselves: "Egypt is by no means alone in maintaining an extended state of emergency, especially in the Middle East. Israel has operated under a state of emergency since its founding in 1948. Other countries which have needed to adopt such measures are Pakistan (1977-1985 among others instances), Syria (Since 1963), Algeria (Since 1992) and Turkey (1971-2002)," the press release said.
"The United States, in response to the terrorist attacks of 9/11, introduced the controversial Patriot Act, established a special detention facility in Guantanamo Bay, and introduced new judicial procedures to deal with those involved in terrorism," the press release added.
Explaining the problems encountered by legislatures in issuing a Counter- Terrorism Legislation, the press release said that "In 2005, as part of his electoral platform for Egypt's first direct, multi-candidate presidential election, President Mubarak stated that he was committed to declaring an end to the State of Emergency and replacing it with a counterterrorism law.
Yet , the Government, to date, has not succeeded in arriving at a consensus, internally or with stakeholders, on the appropriate balance between the means needed to preserve the lives and livelihoods of the public, while at the same time ensuring that fundamental rights are guaranteed."
That difficulty, the statement said, was similar " to that faced by the Obama Administration, relating to the closure of the detention facility at Guantanamo Bay."
It maintained that the State of Emergency in Egypt has not stifled political life. "The narrow application of the law has allowed Egyptians to develop a vigorous political life and civil society:
"-Demonstrations for a variety of reasons and causes take place in Egypt regularly. According to the Solidarity Center, there were almost 2000 labor protests alone between 2004 and 2008.
"-Civil society organizations are extremely active in Egyptian society, organizing public meetings and activities, demonstrating and lobbying for changes to public policy and laws.
"-Political parties and independent candidates compete for elected office. In the 2005 People's Assembly Election independent and opposition party candidates won nearly 65% of the contested seats.
"-Freedom of expression and traditional and new media are thriving, with over 500 independent publications available, independent satellite broadcast reaching 70% of the population and over 160,000 bloggers active," the press release concluded.


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