About Law 153/1999 for NGOs

	Background
	The rationale behind the NGO law
	Advantages of Law 153/1999

Background

Since the Government of Egypt has embarked on a major economic reform and structural adjustment program with great success, it has also recognized that, to sustain the economic gains accrued to the Egyptian people, social development needs a comprehensive review leading to a major social sector reform. H.E.

President Hosni Mubarak, who has - at all times - been the champion of a people-centered approach to development, is sponsoring a National Conference to adopt a National Strategy for Social Development in October 1999. The conference aims at reaching consensus among all sectors and the civil society on a well-defined strategy.

As one of the important steps in preparation for the comprehensive social reform program, the new NGO law #153 for the year 1999 was approved. The Government is planning similar reforms in other social fields such as the personal status laws, as well as reform programs for the social institutions for juvenile delinquents and those with special needs.

The rationale behind the NGO law

Egypt has a long history of voluntary work that dates back to 1821 with the establishment of the Greek Benevolent Association in Alexandria. The recently promulgated NGO law 153/1999 is the latest initiative undertaken by Egypt to further empower the NOGs and enhance their role as major partners in the development process.

The philosophy behind this law is to maintain a balance between autonomy and responsibility, between the interest of individuals, and that of the Public, and to ensure more freedom for the civil society. It aims put an end to the administrative authority's control over NGOs: The appointment of government officials on their boards will no longer take place. Citizens maintain the right to establish civil society organizations and the Law sets no restrictions on their right to practice their activities.

Advantages of Law 153/1999

A closer look at the new law would show that it has laid a solid basis for a transparent and free NGO system. This is consistent with the pluralistic democracy now in place in the country. The following highlights some of the law's important advantages:

1. The new Law provides Human Rights organizations with the right to register and operate in an organized and effective manner in Egypt. This right was not granted under low 32/1964.

2. The new Law increases the fields of work for NGOs. While the previous law designated only 7 fields where the NGOs can operate, Law 153/1999 does not restrict the NGOs to specific areas. It only prohibits NGO's involvement in the following 4 areas according to article #54 of the Constitution:

i. The formation of military, paramilitary, quasimilitary guerillas.

ii. Organizations threatening the national unity, disturbing public order, breaching ethics, or advocating discrimination according to race, gender, color, language, religion or creed.

iii. Political or syndicate activities since they are confined to political parties labor unions and syndicates (regulated by other laws).

iv. Organizations aiming at personal financial profit. Fund raising is not prohibited as long as it helps the NOGs achieve its role.

3. The new law replaces government control with regulatory functions. Many restrictions stipulated in Law 32/1964 have been abolished by the new Law. These include:

The requirement that a prior permission by the regulatory body concerned is a must for an association to own real estate;

The power of the regulator body concerned to refuse to register an association on such grounds as: redundancy, security, and lack of adequate headquarters' premises.

The requirement that a prior permission by the regulatory body concerned is a must for an association to work in other governorates besides the one where it is 1ocated;

The power of the regulatory body concerned to appoint a board of Directors, a director and a board-member.

The power of the regulatory body concerned to convene a meeting of a board of directors of an association.

The power of the regulatory body concerned to dissolve an association or to object to the establishment of an association; and

The prohibition of accommodating juveniles, senior citizens in associations.

4. The new Law creates a special arbitration committee as a preliminary step before seeking the judicial system in case a conflict arises between NGOs and the regulatory body.

5. The new Law takes into account the international perspective:

Overseas-based NGOs are allowed to operate in Egypt according to the new law.

Non-Egyptians may join Egyptian NGOs and may serve on the boards thereof.

6. The new Law will be accompanied with the appropriate mechanism for smooth implementation.

The spirit with which the new Law will be implemented will demonstrate the Government’s determination to promote the role of NGOs.

The weakness of the previous law were mainly implementation problems.

This is why the Ministry is undergoing a process of capacity building through intensive training programs and introduction of new management methods in order to deal more efficiently and expeditiously with NGOs in Egypt.