[Congressional Record Volume 158, Number 17 (Thursday, February 2, 2012)]
[Senate]
[Pages S318-S319]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EGYPT
Mr. LEAHY. Madam President, I would like to draw the Senate's
attention to recent developments in Egypt, and I begin by referring to
the outburst of violence yesterday by rival soccer fans after a match
in that country in which 73 people were reportedly killed and hundreds
injured.
This is a shocking tragedy, and I want to express my condolences to
the Egyptian people and the families of the victims.
Last week tens of thousands of Egyptians gathered in Tahrir Square in
Cairo to celebrate the 1 year anniversary of the popular revolution
that overthrew former President Hosni Mubarak. That courageous and
largely peaceful expression of popular will was inspirational to people
everywhere, including millions of Americans.
The United States and Egypt share a long history of friendship and
cooperation. Thousands of Americans travel and study in Egypt, and over
the years we have provided tens of billions of dollars in economic and
military aid to Egypt. Our countries share many interests, and it is
critically important that we remain friends and allies in that
strategically important part of the world during this period of
political, economic, and social transition.
During the past 12 months, Egypt has been governed by a group of
senior military officers, each of whom held positions of leadership and
privilege in the repressive and corrupt Mubarak government. To their
credit, for the most part they did not attempt to put down the
revolution by force, and they pledged to support the people's demand
for a democratically elected civilian government that protects
fundamental freedoms.
The transition process is a work in progress. On the positive side,
two democratic elections have been held and a new Parliament has been
seated. On the negative side, civilian protesters have been arrested
and prosecuted in military courts that do not protect due process, and
in December Egyptian police raided the offices of seven nongovernmental
organizations, including four U.S.-based groups whose work for
democracy and human rights has for years been hindered by laws and
practices that restrict freedom of expression and association. Files
and computers were confiscated, and some of their employees have been
interrogated.
There are also reports that as many as 400 Egyptian nongovernmental
organizations are under investigation, allegedly for accepting foreign
donations. Apparently, to the thinking of Egypt's military rulers,
there is nothing wrong with the Egyptian Government receiving billions
of dollars from U.S. taxpayers, but private Egyptian groups that work
for a more democratic, free society on behalf of the Egyptian people
and that cannot survive without outside help do so at their peril.
Despite repeated assurances from Egyptian authorities that the
property seized from these organizations would be promptly returned,
that has not happened. To the contrary, the situation has gotten worse
as several of their American employees have been ordered to remain in
Egypt. Some of them have obtained protection at the U.S. Embassy. With
each passing day there are growing concerns that these groups could
face criminal charges for operating in the country without permission.
This is a spurious charge, since registration applications were
submitted and deemed complete by the government years ago, because the
organizations regularly reported to officials on their activities, and
since, while registration was pending, they were permitted to operate.
Ironically, while the previous regime did not seek to expel them for
their prodemocracy work, Egypt's current authorities, whose
responsibility it is to defend and support the democratic tradition,
are attempting to do just that.
There is abundant misinformation about the work of the American-based
[[Page S319]]
organizations, with some Egyptian officials accusing them--without
offering any evidence--of trying to subvert Egypt's political process.
Without belaboring the point, their work was no secret as they had
nothing to hide. They were helping to build the capacity of Egyptian
organizations engaged in peaceful work for democracy and human rights,
supporting the development of political parties, and working with
Egyptian groups to provide nonpartisan voter education.
The military argues that since these groups were not registered, they
were in violation of Egyptian law, but this is a transparently specious
excuse for shutting them down. Their repeated applications for
registration were neither granted nor denied. The government simply
chose to ignore them.
Egyptian officials also insist that this is simply a matter of
upholding the rule of law, but the complaint against these
organizations was issued by a Minister with no direct authority over
legal matters, and a negative propaganda campaign was unleashed in the
state-controlled media. The conduct of the raids, seizure of the files
and computers, interrogation of the employees, and the no-fly order
have not been conducted consistent with legal standards but instead
seem to be politically motivated. No warrants have been issued, no
charging documents made public, and no inventory of seized property
made available.
Many suspect that the force behind this crackdown is Minister of
International Cooperation Faiza Aboul Naga, who was described in a
Washington Post editorial this week as ``a civilian holdover from the
Mubarak regime'' and ``an ambitious demagogue [who] is pursuing a well-
worn path in Egyptian politics--whipping up nationalist sentiment
against the United States as a way of attacking liberal opponents at
home.'' Given Minister Aboul Naga's recent statements, I strongly
believe that no future U.S. Government funds should be provided to or
through that ministry as long as she is in charge. As the chair of the
Appropriations Committee's Subcommittee on the State Department and
Foreign Operations, I am confident there is strong support in Congress
for this position.
A related issue is the Egyptian military's continued use of vaguely
worded emergency laws to silence dissent. While it is encouraging that
the head of the military, General Tantawi, announced plans to lift the
30-year state of emergency, that is only a first step.
As I have mentioned, for decades the United States and Egypt have
been friends and allies. While we have differed over issues of
democracy and human rights, our two countries have worked together in
pursuit of common goals. Our partnership needs to be strengthened and
broadened to respond to the interests and aspirations of the Egyptian
people themselves. Our longstanding legacy of cooperation with the
Egyptian Government is now in jeopardy, and it is in the interests of
both countries that this crisis is promptly and satisfactorily resolved
and that we focus instead on moving forward to build an even stronger
and enduring relationship.
In December, President Obama signed into law the Consolidated
Appropriations Act for 2012. Section 7041(a)(1) of division I of that
act provides that prior to the obligation of $1.3 billion in fiscal
year 2012 U.S. military aid for Egypt, the Secretary of State shall
certify that ``the Government of Egypt is supporting the transition to
civilian government including holding free and fair elections;
implementing policies to protect freedom of expression, association,
and religion, and due process of law.''
These unprecedented requirements, which I wrote, were included for
two reasons. First, we want to send a clear message to the Egyptian
people that we support their demand for democracy and fundamental
freedoms. Second, we want to send a clear message to the Egyptian
military that the days of blank checks are over. We value the
relationship and will provide substantial amounts of aid, but not
unconditionally. They must do their part to support the transition to
civilian government. If the assault against international and Egyptian
nongovernmental organizations continues, several of the requirements
for certification could not be met.
Egypt has an extraordinary history dating back thousands of years.
Anyone who has stood at the base of the pyramids cannot help but be in
awe of what that society accomplished centuries before Columbus arrived
in America. It is a destination for thousands of American tourists and
students each year. It has the potential to be a strong force for
democratic change and moderation in the Middle East and north Africa.
I hope the Egyptian authorities fully appreciate the seriousness of
this situation and what is at stake. They need to permit these
organizations to reopen their offices, return the confiscated property,
end investigations of their activities and the activities of Egyptian
groups, and register them without conditions so they can continue to
support the democratic transition.
I ask unanimous consent that the Washington Post editorial be printed
in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From the Washington Post, Jan. 31, 2012]
Egypt's Witch Hunt Threatens a Rupture With the U.S.
(Editorial)
There is a grotesque incongruity in the tour around
Washington this week of an Egyptian military delegation even
as seven Americans who work for congressionally funded pro-
democracy groups are prevented from leaving Cairo and
threatened with criminal prosecution. What makes it worse is
that the ruling military council refuses to recognize the
seriousness of the crisis it has created in the U.S.-Egyptian
alliance.
The persecution of the Americans, which has been escalating
since their offices were raided Dec. 29, is an extraordinary
provocation by the generals who succeeded Hosni Mubarak.
Despite repeated appeals, including by President Obama,
military council chief Field Marshal Mohammed Hussein Tantawi
has failed to deliver on promises to call off the witch hunt
and return confiscated funds and property. Over the weekend,
three of the Americans, including the son of Transportation
Secretary Ray LaHood, moved into the U.S. Embassy compound in
Cairo out of fear for their safety.
Meanwhile the Egyptian military delegation, headed by Fouad
Abdelhalim, defense minister for arms affairs, is here on a
business-as-usual mission to discuss security cooperation--
including the weapons purchases Egypt makes with the $1.3
billion in U.S. military aid it receives each year. The
generals regard this funding as an entitlement, linked to the
country's peace treaty with Israel. They appear to believe
that Washington will not dare to cut them off, even if
Americans seeking to promote democracy in Egypt are made the
object of xenophobic slanders and threatened with
imprisonment.
Preserving the alliance with Egypt, and maintaining good
relations with its military, is an important U.S. interest.
But the Obama administration must be prepared to take an
uncompromising stand. If the campaign against U.S., European
and Egyptian NGOs is not ended, military aid must be
suspended.
Administration officials say Gen. Tantawi has been warned
repeatedly that the aid money is at risk. But they tend to
blame Congress, which attached conditions to the 2012
military funding over the administration's objections. Before
aid is disbursed, the administration is required to certify
to Congress that Egypt is holding free elections and
protecting freedom of expression and association. Officials
acknowledge that no certification will be possible while the
prosecutions continue, and that funding could run out in
March. But the legislation provides for the certification to
be waived by the State Department on grounds of national
security. That course must be ruled out.
The campaign against the International Republican
Institute, National Democratic Institute and Freedom House,
along with a half-dozen Egyptian and European groups, is
being led by Minister of International Cooperation Faiza
Aboul Naga, a civilian holdover from the Mubarak regime. Ms.
Aboul Naga, an ambitious demagogue, is pursuing a well-worn
path in Egyptian politics--whipping up nationalist sentiment
against the United States as a way of attacking liberal
opponents at home. The regime's calculation has always been
that it can get away with such outrages because U.S.
policymakers will conclude they can't afford a rupture in
relations with Egypt. But if such a break is to be avoided,
the generals must be disabused of the notion that U.S.
military aid is inviolate.
____________________