Visit to Berlin by a high-ranking delegation on the topic of women’s rights from 4 to 9 September: Discussions with the Chairperson of the Committee on Legal Affairs and Consumer Protection in the German Bundestag, MP Renate Künast (front row centre)
Strategic Framework
Legal Policy Starting Point
Setbacks in the development of the rule of law in Egypt have presented the IRZ with several challenges and raised fundamental issues. This applies to the pronouncement of hundreds of death sentences and long-term prison sentences against supporters of the Muslim Brotherhood and Freedom and Justice Party in court proceedings in which application of the rule of law is doubtful, as well as to the conviction of journalists with long-term prison sentences on the basis of doubtful evidence. In addition, serious restrictions on the work of the civil society must be viewed critically. The principles of the IRZ also apply in the cooperation with Egypt in the light of this: The project and consultancy work is undertaken in an objective, politically neutral way, and there is always special focus on compliance with internationally recognised standards and principles of the rule of law and human rights.
The IRZ therefore identifies strongly with the values of the rule of law connected with its mandate, with principles of criminal procedure under the rule of law and with principles of the freedom of the press, freedom of opinion and freedom of association. As a consequence, it was resolved in agreement with the German Federal Ministry of Justice and Consumer Protection and the German Federal Foreign Office not to continue the cooperation in 2015 for the time being and to await further developments. In 2016, talks were resumed with the Egyptian Ministry of Justice about a continuation of the cooperation.
Overall Concep
Increased support of civil society is intended alongside the cooperation with state institutions, continuing the cooperation started in 2014, depending on the political situation and developments. The IRZ also wishes to involve state institutions such as the Parliament or the National Women’s Council. The first event with representatives of civil society, Parliament and the National Women’s Council took place in the reporting year.
Foci of Activity 2016
Constitutional Law / Human Rights and their Enforceability
Delegation trip to Germany on the topic of “Women’s rights”
Outlook
The IRZ plans to extend cooperation with civil society to issues related to fundamental rights and human rights. In addition, mediator training will be continued in cooperation with the judiciary on a broader basis. Over-all, continued cooperation will depend on whether and to what extent support of the development of the rule of law will be possible. The IRZ will therefore continue to monitor the situation in Egypt and coordinate future measures accordingly with the German Federal Ministry of Justice and Consumer Protection and the German Federal Foreign Office.
Download the entire IRZ annual report in PDF format here:annual report 2016.
Conference “Promotion of women in the judiciary“: Egyptian delegation headed by Vice Minister Suzan Fahmy (5th from the right) during the visit to the German Bundestag in Berlin
Strategic framework
Legal Policy Starting Point
As the most populous country in the Arab world and due to its geographical location, Egypt plays an important role in the security and economy of the region and mediates, for example, between Israel and Hamas in the Middle East conflict. But the legal and political situation in Egypt has worsened in recent years. For instance, there have been some constitutional amendments that contradict the principle of separation of powers. A constitutional referendum was held in April 2019, in which the President‘s term of office was extended from four to six years. Moreover, a clause was adopted for the current President al-Sisi, entitling him to remain in office until 2030.
The military was also given greater powers, and the position of the President towards the legislature and the judiciary was strengthened. The Supreme Council for Judicial Bodies and Agencies (SCJB) was established in this regard, with authority over various judicial authorities (including the ordinary court system, the administrative court system, the Office of the Judiciary, the Public Prosecutor‘s Office and the Supreme Constitutional Court). The President is in overall command of the SCJB, so extensive powers for appointments to the most senior positions in the judiciary have been transferred to the executive, which significantly undermines the independence of the judiciary.
The new constitution established a minimum quota for women in the House of Representatives with regard to the political participation of women in Egypt. Under the new constitutional amendment, the House of Representatives is composed of no fewer than 450 members, with at least a quarter of the total number of seats being reserved for women.
Overall Concept
The setbacks in the development of the rule of law led to the suspension of cooperation between Egypt and IRZ in 2015. Among other things, IRZ used the reporting year to hold talks at working level with the Egyptian Ministry of Justice on continuing the cooperation. Within this framework, the topic of “Effective protection of women in and through justice“ was considered suitable for a resumption of cooperation.
Increased support for organisations within civil society will be provided on this topic, in addition to cooperation with state institutions. In 2019, IRZ therefore cooperated with the Egyptian Ministry of Justice and the National Council for Women (NCW) to organise events on the topics of “Promotion of women in the judiciary“ and “Protection of women by the judiciary“. They were financed by project support from the Federal Foreign Office. The participants discussed with IRZ various legal mechanisms for promoting women in legal professions (e.g. quotas, women‘s representatives, professional development opportunities) and exchanged experiences in this regard. They also explored opportunities and mechanisms to offer women preventative and effective protection against violence.
Focus of Activity in 2019
Constitutional Law/Human Rights and their Enforceability
Conference in Cairo and delegation trip to Berlin on the topic “Promotion of women in the judiciary“
Conference in Cairo and delegation trip to Berlin on the topic “Protection of women by the judiciary“
Project funded by the European Union
EU Twinning Project: Supporting and upgrading the institutional, technical and raising awareness capabilities of the Egyptian Patent Office (EGYPO)
In late summer 2019, IRZ – as the junior partner to the Spanish Patent and Trademark Office as lead partner – and the Danish Patent and Trademark Office as additional junior partner were awarded the contract for the EU Twinning Project EGYPO. Equipped with a budget of €1.5 million, the aim of this two-year project is to improve the technical and institutional capacity of the Egyptian Patent Office in order to increase the number of patent applications and strengthen the protection of intellectual property in Egypt. The project will also help to build networks between the academic community and small and medium-sized enterprises and to adapt procedures to EU standards. IRZ will probably devote particular attention to the area of further training of patent examiners and the workflows within the Egyptian Patent Office. The project is scheduled to start at the beginning of 2020.
Outlook
Depending on the political situation and developments in Egypt, IRZ plans to expand cooperation with civil society organisations on issues relevant to basic and human rights. In addition, basic training for mediators will continue in cooperation with the judiciary and will be placed on a broader footing. Overall, further cooperation will depend on whether and to what extent it will be possible to support development of the rule of law. IRZ will therefore continue to monitor the situation in Egypt and, depending on the findings, coordinate future measures with the Federal Ministry of Justice and Consumer Protection and the Federal Foreign Office.
Working party of Egyptian judges discussing questions of social law
General – Conceptual orientation
Legal policy starting point
The renewed and in some cases dramatic upheavals in Egypt confronted international cooperation with questions relating both to principles and to practicalities, and not only for the IRZ. Because of the mass demonstrations which took place in Cairo in the second half of the year, in which there were large numbers of casualties and injuries, the venue was moved from the centre of Cairo to the outskirts. In close coordination with the Federal Foreign Ofἀce and the Federal Ministry of Justice, the IRZ opted as a matter of principle to continue cooperation at expert level after the events which took place in July 2013. The reform process therefore continued to be supported with the aid of German expertise in terms of content, albeit without protocol requiring high-ranking political representatives to attend. It is important to underline in this context that the rule-of-law cooperation provided by the IRZ is carried out in a po-litically objective, but certainly not neutral manner. This means that the dialogue is not regarded as being a value-neutral exchange, but always insists on adherence to internationally-recognised standards.
Cooperation to date
The events that were held on the topic of transitional justice were an important occasion in this context. The IRZ's representatives have consistently underlined the principle that, according to the rules of the United Nations, each country must develop its own concept of transitional justice, taking the respective particularities into account, but that it is simultaneously indispensable for all convict parties to be involved in this process.
Moreover, training courses were held in rhetoric and teaching method-ology for judges working in training and events on international law concerning parent and child matters in cooperation with the interna-tional social service (ISD). Furthermore, an Egyptian delegation took part in an event organised by the IRZ on international civil law cooperation which took place in Tunis in cooperation with the Permanent Bureau of the Hague Conference. Equal importance also attached to an event on the subject of recovering stolen and otherwise misappropriated assets in Cairo with forty senior participants from the judiciary and the Ministries of Egypt and Tunisia. At this event, two speakers from the Federal Minis-try of Justice as well as from the Federal Ofἀce of Justice explained the requirements of bilateral and international mutual assistance requests using typical practical examples.
The regional concept was also stressed by a German-Arab judicial fo-rum that was organised in Magdeburg and Berlin. Judges and senior ministerial oficials from Tunisia and from Egypt debated together with their German colleagues on requirements and strategies of sustainable change towards an improvement in the respective rule-of-law standards. Even if the Eastern German experience in this context cannot necessarily be transferred to the situation in Egypt and in Tunisia, in particular visits to a local judicial centre and a prison nonetheless provided valuable ins-piration for approaches in the Arab partner states. The modernisation of the judicial administration provided a further topic. There was particular interest in the digitalisation of legal transactions. Even if the infrastructure in Egypt still needs to be developed in this regard, preparing for this in good time and access to information on coming technological trends and needs are a major concern on the Egyptian side.
Major partners
Egyptian Ministry of Justice
National Centre for Judicial Studies (Judicial Academy)
Vice-President of the Egyptian Court of Cassation
Egyptian Association of Judges
Foci of activity in 2013
Constitutional law / human rights and their enforceability
events on the topic of transitional justice
Civil and commercial law
events on international law concerning parent and child matters in cooperation with the international social service (ISD)
event on international civil law cooperation, organised together with the Permanent Bureau of the Hague Conference in Tunis
German-Arab judicial forum in Magdeburg and Berlin
Criminal law and the law on the prison system
event on the topic of recovering assets that were stolen or otherwise misappropriated, in Cairo
Basic and further training
Rhetoric and teaching methodology training courses for judges
Outlook
The IRZ also continues to pursue its existing strategy by constantly involing the Egyptian partners in designing the programme, treating them as equals and working together with them on an equal footing. Civil society, and in particular the non-governmental organisations in the ἀeld of women's rights, are to be more closely involved in future activities.
