Rights organizations launch draft anti-discrimination law
Seventeen human rights organizations unveiled a draft law on Tuesday to establish an independent anti-discrimination commission, seeking to enforce a constitutional mandate that has remained unfulfilled for more than 12 years.
Announced during a press conference at the Journalists Syndicate, the proposal aims to put into effect Article 53 of the Constitution, which obligates the state to eliminate all forms of discrimination and create an independent body for that purpose.
Article 53 guarantees equal rights and duties for all citizens, strictly prohibiting discrimination based on religion, belief, sex, origin, race, color, language, disability, social class, political or geographical affiliation, or any other grounds. The constitutional text also criminalizes discrimination and hate speech.
The civil society proposal arrives alongside a parallel bill introduced three years ago by MP Maha Abdel Nasser of the Egyptian Social Democratic Party (ESDP), which remains stalled in a joint parliamentary committee.
Addressing the overlap, MP Ehab Mansour, head of the ESDP’s parliamentary bloc in the House of Representatives, told Al Manassa that multiple bills do not impede progress. He noted his party is open to reviewing all proposals together to reach a unified version for parliament. Fellow party member and Senator Hosny Sabala advocated merging the two drafts directly.
Questions also arose regarding whether the initiative attempts to preempt rumored constitutional amendments that might remove the commission mandate. Nevine Ebeid, executive director of the New Woman Foundation, clarified during the conference that the founding task force was established two years ago. The effort is “not preempting a constitutional amendment, but rather an attempt to save the Constitution,” she said.
To ensure independence, the bill requires the commission to draft comprehensive anti-discrimination legislation during its first year for parliamentary review and approval.
Under the proposed governance framework, the House of Representatives would select the initial board members from candidates nominated by entities specified in the law’s executive regulations.
Abdel Fattah Yehia, a lawyer at the Center for Egyptian Women Legal Assistance (CEWLA), explained to Al Manassa that after this inaugural term, the commission itself would select subsequent board members, removing parliament from future appointment cycles. While Ebeid argued that initial parliamentary selection ensures popular representation, MP Ehab Mansour expressed firm opposition to parliament appointing the board at all.
Under its proposed scope, the entity would review legislation, policies and administrative decisions for discriminatory elements or violations of equality principles. The body would receive public complaints, support victims in securing rights, track incidents with state institutions, and promote a culture of equality. Additionally, it would propose national strategies to combat discrimination, review existing laws, and submit required amendments during the same legislative term.
To monitor legislative developments, a commission representative would sit on parliament’s Constitutional and Legislative Affairs Committee as an observer, reviewing draft bills prior to enactment and recommending measures to combat discrimination and hate speech. The commission would also hold the authority to request advisory opinions from the Supreme Constitutional Court regarding potentially discriminatory laws.
On procedural safeguards, the draft obligates the commission to provide comprehensive protection for victims, whistleblowers and witnesses against retaliation or harassment. Required measures include concealing personal data, establishing dedicated communication channels, and coordinating security details with competent authorities when necessary.
The bill establishes comprehensive definitions for key legal concepts to guide enforcement. It defines discrimination as “any direct or indirect distinction, exclusion or restriction that nullifies or impairs the equal recognition, enjoyment or exercise of human rights and fundamental freedoms in public or private life,” based on factors such as sex, race, color, descent, national or ethnic origin, religion, belief, nationality, gender identity, language, disability, social or economic status, or any other status.
Additionally, hate speech is defined as any oral, written or behavioral communication that attacks or uses derogatory language against a person based on identity factors. In contrast, the draft defines equality as equal access to opportunities and outcomes for all individuals, while framing equal opportunity as guaranteed access across economic, social and political participation.
Enforcement authority would cover discriminatory practices by individuals, government entities, private sector firms, and transnational corporations. Jurisdiction extends to all residents on Egyptian soil, including citizens, refugees and immigrants.
Celine Mohtaseb of the Palestinian Women’s Association welcomed the inclusive scope during the conference, noting it operates alongside the Law on the Regulation of Asylum of Foreigners without conflict, as the bill specifically addresses acts of discrimination itself.
The bill was drafted by a coalition of civil society organizations and rights initiatives, including the New Woman Foundation, CEWLA, Egyptians Without Borders for Development, Rural Woman, Haqqaha Platform, Helwan Foundation for Community Development, Palestinian Women’s Association, Cairo Foundation for Development and Law, Muanath Salem, Edraak, Superwoman, Daam, A Step Towards Empowering Women, Insaf, National Front for Egypt’s Women, and Malaz.