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Recommendations of DAAM center second annual report on the development of the legislations related to human rights and democratic transition in Tunisia, Libya, and Egypt ( September 1, 2017 – August 31

Recommendations  of DAAM center second annual report on the development of the legislations related to human rights and democratic transition in Tunisia, Libya, and Egypt ( September 1, 2017 - August 31
  1. The executive authority in Egypt must immediately suspend  practices that led to serious  and horrific violations of human rights in Egypt, the abuse of power by the security services in the administration of public affairs of the country, the expansion of extrajudicial killings, arbitrary detention policies and the response to reports on a human rights in Egypt, with neglect and stereotypical reactions, are never worthy of Egypt’s long history of dealing with official international organizations and its decisions, the participation of Egyptian experts in the establishment of such organizations and the participation of experts in the drafting of international conventions and agreements and prevent Egypt from evading its implementation of international agreements and conventions which is signed and ratified, and that the authorities stop the prosecution of lawyers, politicians, trade unionists and activists and let them exercise their  peaceful activities.
  2. The total cessation of the incitement of some citizens and politicians and parliament members who support the executive authority to amend the Constitution of 2014 and the demands to modify it in a miserable and boring scene, the executive authority must respect the Egyptian Constitution and not to exceed its clauses that saw clear violations in the actions of the executive authority without a minimum respect for legislation and spirit of the Egyptian constitution and even the insistence to amend it.
  3. The Executive authority should open a comprehensive dialogue with the political forces and the Egyptian civil society to find solutions to the situation of deterioration and the spread of violence and the possibility of the return of those forces to exercise their role that if activated will certainly be serious confrontation of the Takfiri operations affecting the Egyptian army forces and police and civilian citizens in North Sinai and others, The immediate release of detainees who have not been proven guilty of violence, the elimination of the travel ban as a precautionary measure and its use as a punishment against civil society activists.
  4. The legislative authority in Egypt must stop playing the role of protecting the executive authority and  identification with the fact that the parliament is like a part of the executive authority and exercise the parliament’s right to legislate laws that protect  the constitution of 2014, and review the legislations issued such as the law of NGOs, and legislations related to  personal and public freedoms that allow the abuse of power of the security services such as the laws of terrorism and criminal procedures and sanctions and the judiciary and the law of demonstration.
  5. The judiciary authority, which has always had a good reputation among all citizens and all political and social forces, should be aware of the suspicion of using it in a political conflict that has long distanced itself from it, and review its approach to prolonging the period of imprisonment which has become a punishment  that reach 3 years . it has also to review the approach of investigators  the case 173 concerning the extension of the investigation and the prevention of activists to travel.
  6. The Egyptian political forces, civil organizations and independent trade unions must seriously examine their crisis and ignore previous years’ issues and opening a serious dialogue among themselves to regain the initiative. This opens the horizon for Egyptian citizens with new mechanisms in very difficult circumstances

Recommendations  of DAAM center second annual report on the development of the legislations related to human rights and democratic transition in Tunisia, Libya, and Egypt ( September 1, 2017 - August 31
  1. One of the most important achievements of the Tunisian revolution is “freedom of expression.” Today, it is not permissible to continue to speak about the violation of journalists’ freedom and aggressing them just because they are doing their duties, especially since the aggressors are often public servants or security forces, Effective mechanisms must be done to protect journalists during the accomplishment of their duties.
  2. The “state of emergency” is an exceptional situation that the authorities resort to face the imminent threat to the security of the country, and it is unreasonable to remain active for years, especially with its exceptional nature and limited in time, and therefore we recommend to stop extending the state of emergency, especially in periods that do not require activation.
  3.  “Freedom of movement” is one of the fundamental freedoms guaranteed by the Tunisian Constitution and international conventions and restrictions on citizens can only be through the law. Thus, the position of the Tunisian administrative court as  s17 mechanism is not in conformity with national and international legislation,  is a sufficient reason for the Ministry of Interior to abandon these illegal mechanism  that limit the freedom of movement of individuals.
  4. Political promises are not legally binding and therefore the promise of the President of the Republic of Tunisia to submit a bill as he is the initiating party to activate “the real equality in inheritance between man and women” does not guarantee this right. Therefore, the draft bill should be submitted and the People’s Assembly should ratify it fast.
  5. “The Constitutional Court” is one of the main guarantees to apply what was stated in the constitution of 2014 especially that the constitution set a period of six months maximum to establish this court. However,  we crossed this deadline by four years which is something unacceptable. Thus, the process of electing the members of the constitutional court must be accelerated.    
  6. Section seven of the constitution stated that decentralization is based on “local councils” and that the latter consists of municipalities, provinces, and regions, and we think that time became appropriate to organize the elections for the regional councils and regions and to work to devote the provisions of Chapter seven of the Constitution.
  7. The path of transitional justice in Tunisia was long and challenging as It has also been obstructed on many occasions by many parties. This path must reach safety through the submission of the Truth and Dignity Commission to its final report so that it will become clear to us how the course will be after the Commission and the vision will be clear to evaluate the work of the Commission during the period of its work on the basis of a final report of the Commission itself.

Recommendations  of DAAM center second annual report on the development of the legislations related to human rights and democratic transition in Tunisia, Libya, and Egypt ( September 1, 2017 - August 31
  1. Support the effort to unify the military institution to ensure the sovereignty of the state and the protection of its borders, to reduce the phenomenon of smuggling in all its forms as well as irregular migration, and to focus on the development of border areas as a factor contributing to the stability of security.
  2. Cutting the funding sources of militias. Many studies indicated the involvement of several foreign parties in financing Libyan militias engaged in smuggling, which contribute to obstructing the settlement process in a country  plagued by conflicts since 2011, while continuing to provide political and material support to the Presidential Council of the Libyan Government of National Accord as the only legally government in Libya that is recognized internationally.
  3. The fight against terrorism cannot only be resolved by the security solution, but it also requires security, political, economic, cultural, social and Libyan solidarity, as well as looking after  to the Libyan south.
  4. Calling upon neighboring countries to shoulder their responsibilities in protecting and securing common borders, combating terrorism, arms trade and the crime of smuggling of all kinds. These crimes cannot be overcome unilaterally as they are cross-border crimes. International efforts must be united to eradicate these issues in order to stabilize States and maintain their security and safety.
  5. Ensuring  fair distribution of wealth based on resource, geography and population criteria to achieve spatial development and promote stability in remote areas. Adopting a new plan for a fair distribution of oil revenues is necessary as non-oil-producing areas need economic development and assistance to resolve conflict issues.
  6. A permanent constitution is essential to guarantee the rights of all citizens based on citizenship without discrimination based on color, race, culture or tribe.  The real purpose of the Constitution is to find the third pillar of the state, The third pillar is the one political power that governs and controls the entire territory of the State and its people are subject to its laws and regulations of the that do not violate the Constitution and its provisions. Therefore, the draft constitution submitted for the referendum must receive a preliminary agreement between the various Libyan parties and components.

You can find the Executive summary of the report in the link below:

Recommendations  of DAAM center second annual report on the development of the legislations related to human rights and democratic transition in Tunisia, Libya, and Egypt ( September 1, 2017 - August 31

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