Feingold Statement on the Need for Human Rights and Democratic Reform in Egypt

For the Congressional Record
http://feingold.senate.gov/record.cfm?id=325206
Monday, May 24, 2010

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Mr. President, I would like to raise the important issue of human rights and democratic reform in our partnership with Egypt.  I am very concerned by Egypt’s recent extension its emergency law – which has been in place continuously since 1981 – yet again, for another two years.  Since 2005, President Hosni Mubarak and his government have repeatedly pledged to end the use of the emergency law, but it continues to be extended. Although some changes were apparently announced with the extension, these were little more than cosmetic and will do nothing to improve the deeply repressive environment this law enables.  Emergency laws, if they are ever appropriate, are intended for exceptional circumstances, not continuous application for decades.

Furthermore, numerous concerns have been raised about violations of human rights and civil liberties under Egypt’s emergency law.  The extension also comes ahead of parliamentary and presidential elections, which may see new challenges emerge to the leadership structure. As Amnesty International’s deputy director for the Middle East and North Africa stated recently, “[w]e are particularly concerned that this extension comes as Egypt prepares for elections this year; the authorities are notorious for relying on the emergency powers to lock up their opponents.”

In a report on his visit to Egypt last year, the United Nations Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Martin Scheinin, acknowledged “the right of a State to proclaim a state of emergency as a temporary measure determined by the exigencies of the situation,” but expressed his concern that “Egypt has been almost continuously governed by emergency law, which includes far-reaching restrictions on fundamental rights and freedoms, for more than 50 years.”  The dangers inherent in the law’s continuing use are highlighted by its provisions and their apparent application.
Mr. President, among other things, the law apparently allows preventive detention and enables individuals to be held indefinitely without being charged or brought to trial. Egyptian citizens do not enjoy the freedom to assemble or protest peacefully and in fact face arrest if they participate in such demonstrations. In fact, Mr. Sheinin has noted that special State Security Investigations officers “in practice enjoy carte blanche in deciding on whom to arrest” and have used the emergency law to arrest and detain human rights activists, journalists and internet bloggers who were critical of the government.
Mr. President, human rights and civil liberties should not be sacrificed in the search for security, nor would doing so guarantee security.  On the contrary, counter-terrorism measures must ensure respect for political and civil rights and the rule of law if they are to be effective in the long term.  Repression only yields more resentment, more opposition, and more alienation. As President Obama said during his 2009 Cairo speech, “Governments that protect these rights are ultimately more stable, successful and secure. Suppressing ideas never succeeds in making them go away.”
I am pleased that the State Department and then the White House released public statements expressing regret at Egypt’s extension of the emergency law, but they were insufficient in recognizing how critical political and democratic reform is both to security and stability within Egypt, as well as to the broader region. In order to genuinely address the very real concerns of radicalism, Egypt must expand its engagement with its citizens and provide them with greater openings to voice their concerns. Stifling the public feeds rather than prevents the growth of radicalism. In contrast, reducing corruption, improving governance, and building democratic institutions will go a long way towards reducing the appeal of extremism. The historic partnership between the United States and Egypt means we have an active and critical role to play in pressing for these reforms. We should use every opportunity, Mr. President, to bring them up.
Egypt is an incredibly important country and a vital strategic partner of the United States.  It is a nation of 80 million people that sits at the strategic crossroads between Africa and Asia.  Egypt is a leader among Arab states and has played an important role in matters of peace and security in the Middle East, particularly in the area of Arab-Israeli peace. At the same time, Egypt continues to be heavily involved in affairs in North and East Africa, not least because of its reliance on water resources from the Nile River. Ongoing negotiations over the Nile Basin Initiative have escalated regional tensions between Egypt and its neighboring countries at a time when Egypt’s own internal dynamics are fluid. Egypt’s long history with Sudan, the largest country in Africa, is also of critical importance given South Sudan’s upcoming vote on self-determination set for January 2011. Without question, Mr. President, successful political reform in Cairo would significantly enhance Egypt’s leadership role throughout the Middle East and Africa and could help ensure constructive political engagement in these regions for years to come.
For all these reasons, it is in our interest to continue to pursue a strong working relationship with the Egyptian government.  But it is also in our interest to ensure that relationship is sustainable and strategic over the long-term.  To do this, I believe we must engage more broadly with the Egyptian people and support efforts in the country to push for human rights and democratic reform. This is especially important in the coming months as Egypt prepares to hold parliamentary elections, which will be followed next year by a presidential election.  This period could be one of transition, possibly one of tumult.  The Obama administration should begin engaging now with the Egyptian government and other stakeholders to make clear that we support a fair, free and peaceful process. Continuing to provide uncritical support to an authoritarian regime undermines our credibility as champions of political and civil rights and creates tensions, particularly in the Muslim world, which are ripe for exploitation. Those tensions, in turn, threaten our own national security.
As I have noted before in this forum, we must be strong and consistent in advancing human rights, good governance and the rule of law while also addressing security and economic concerns.  And we should make sure that message is being reinforced by all U.S. government officials and programs in Egypt.