Egypt's parliament approves new law on measures to fight epidemics, pandemics

Gamal Essam El-Din , Tuesday 16 Nov 2021

The House of Representatives gave on Tuesday a final approval of a new government-drafted law aiming to impose procedures and measures necessary to fight the spread of epidemics and pandemics.

parliament
Egypt parliament. (Al-Ahram_

A report by the House's Health Committee said the law allows the prime minister to declare emergency measures to combat epidemics and pandemics.

"This means that the prime minister will be allowed to declare a state of pandemic emergency, through which he will invoke immediate procedures and measures necessary to preserve the health and lives of citizens," said the report.

It explained that "the powers given to the premier will be for a limited period of time, mostly for one year, and subject to renewal."

The first article of the law allows the prime minister to take as many as 25 measures necessary to fight the spread of epidemics and pandemics.

"These include imposing restrictions for a certain time frame on the freedom of people to move or to be present in certain areas or throughout the country," said the report.

It added that "the prime minister will be also authorized to suspend work for a specified period of time, partially or completely, in ministries, government departments and agencies, local administration units, public authorities, and public sector companies."

"The prime minister can also suspend study for a specified period of time, partially or completely, in schools, nurseries, universities, institutes, any other education institutions, and any gatherings of students."

The law gives the prime minister the power of closing and reopening the above-mentioned institutions and businesses.

"Also on the list are the prime minister's right to prohibit all public meetings, processions, demonstrations, celebrations and all other forms of gatherings, as long as these help stem the spread of pandemics and epidemics," said the report.

"If necessary, the prime minister can also prohibit exhibitions, cultural events and festivals, and close cinemas and theatres."

The preventive and protective measures allocated to the prime minister under the new law also include suspending sport activities, and closing clubs, youth centres, gymnasiums and health clubs.

The prime minister can also order places of worship to close. Mass transportation, public or private, can also be halted at the discretion of the prime minister.

Under the law, citizens will be forced to abide by all the protective measures declared by health authorities, such as wearing face masks and receiving vaccines.

The Health Committee indicated that the law is important in order to give the government the tools necessary to contain epidemics and pandemics that might threaten the health and lives of citizens.

"The  law also goes in line with the constitution which gives the government the right to take all the powers necessary to preserve the lives of citizens and help them live a safe life," said the report.

Article five of the law states that "those who incite citizens to violate or disrupt the measures and procedures to be taken by the prime minister under this law will be sentenced to one year in jail and a financial fine of no more than EGP 10,000."

Ayman Abul-Ela, deputy chairman of the Human Rights Committee, said the new law is a necessary step as it comes after President Abdel-Fattah El-Sisi's decision to end the state of emergency on 25 October.

"The state of emergency gives the president powers to take sweeping measures to help the country contain certain epidemics or pandemics, but as President El-Sisi decided to cancel the state of emergency, this law became a necessity as it gives the government exceptional powers in certain times to fight pandemics and epidemics," said Abul-Ela.

Ashraf Hatem, chairman of the House's Health Committee, said "the new law gives the government a legislative umbrella to take the measures necessary to protect the lives of citizens from the danger of epidemics and pandemics like the coronavirus."

Many MPs, however, expressed reservations over article five which allows the detention of journalists who "publish false news" on pandemics and epidemics.

MP Mahmoud Badr said article five violates article 71 of the constitution which states that "no freedom-restricting penalty shall be imposed for publication crimes."

Badr said article five also violates the new human rights strategy declared by the state last September.

Diaa El-Din Dawoud, a leftist MP, said the law opens the door wide for detaining journalists."

MP Abdel-Moneim Imam, chairman of El-Adl (Justice) Party, said he can not approve the law because it imposes sweeping freedom-restricting measures.

"Restricting the freedom of movement in this law, for example, contradicts Article 62 of the constitution," said Imam.

MP Mona Gabr also said "imposing prison sentences on journalists for publishing false news that might cause harm to the state's interests is very harsh and unfair because it is very difficult to prove how journalists can cause harm to state interests."

In response, deputy speaker Ahmed Saad El-Din said "the law does not include any articles that clearly state that journalists might be detained, not to mention that the law abides by Article 71 of the constitution does not impose any freedom-restricting penalties on journalists."

Echoing Saad El-Din, MP Ayman Abul-Ela said article five of the law does not target journalists in any way.

"The article targets rumours circulated on the social media, and we know that such a kind of rumours, such as the ones on the coronavirus, might cause harm to national health," said Abul-Ela.

He added that "the social media rumours which led many people not to take the anti-coronavirus vaccine were also very harmful and the law aims to contain these rumours because of their negative impact on the state interests."

Abul-Ela said the law strikes a balance between freedom rights and the necessity of taking urgent measures to preserve the lives of citizens.

Meanwhile, Hatem proposed that article five of the law be amended to ban imposing any kind of prison sentences on publication crimes.

The amended article, which was approved by the majority of MPs, states that "in line with the rules of article 29 of the press and media regulation law (180/2018) it is prohibited that any kind of freedom-restricting sentences on publication crimes be imposed, except crimes related to violence, discrimination among citizens, or slandering individuals."

Article Five of the law also states that "those who incite citizens to violate or disrupt the measures and procedures to be taken by the prime minister under this law will be sentenced to one year in jail and a financial fine of no more than EGP 10,000."

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