[Congressional Record (Bound Edition), Volume 158 (2012), Part 1]
[Senate]
[Pages 814-816]
[From the U.S. 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

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the democratic tradition, are attempting to do just that.
  There is abundant misinformation about the work of the American-based 
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.

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