The Egyptian Commission for Rights and Freedoms (ECRF) calls again to the Egyptian government to immediately stop the demolition of the building of Ein al-Seera, in Old Cairo district of Cairo Governorate, to stop forced evictions of residents of the area, and stop the use of force against the residents.
On March 20th 2019, the forced evictions of the people of Ein al-Seera were resumed, which led the residents to engage with the forces in charge of implementation. Such forces had already arrested a number of the residents before back in mid March and filed case No. 4423 of 2019 Old Cairo Misdemeanors for them the detained. They are; Hafez Ismail Fahmi, Mustafa Said Bayoumi, Hamdi Zaghloul, Anwar Abdel Moneim, Sheriff Mourad Sebih, Antar Saleh, Hani Mohsen Said, Ehab Searif Mourad, and Mourad Sherif Mourad.
ECRF has been providing legal support and defense to the arrested group.
The forced evictions go back to Saturday, February 23rd, 2019, when security forces accompanied by bulldozers moved to the Ein al-Seera area in Old Cairo district to begin the first phase of the demolition operation, the evacuation of its inhabitants, and transferring them to Asmarat area.
Through talking to the residents, ECRF has learned that inventory committees had arrived to the area three weeks before to account for the owners and residents to move them to housing units in Asmarat for monthly rents ranging from L.E. 700 – 1000, not taking into considerations either the commercial shops or workshops in the area. They also mentioned that the area would be completely removed and they did not know their fate after the removal as they had not been involved in the development scheme, as security forces surprised the inhabitants of Ain al-Seera and started the demolition operation on Saturday February 23rd, demanding the residents to evacuate their homes under duress, while they had 3 garbage collection vehicles – as described by the residents – to transport their furniture.
ECRF demands the Egyptian authorities to fully commit to Egypt’s international treaties on the right to adequate housing, and protection from forced evictions, as part of the “right to an adequate standard of living”, as stated in article 11 (1) of the International Covenant on Economic, Social and Cultural Rights of 1966, and General Comment No. 7 of 1997 of the United Nations Committee on Economic, Social and Cultural Rights of the Covenant which states that:
- Prior to any evictions, the States Parties shall ensure that all available alternatives have been considered in consultation with those affected, in order to avoid or at least reduce the need for the use of force.
- Remedies or legal proceedings should be provided to those affected by eviction orders.
- States Parties also have to ensure that all persons concerned have the right to adequate compensation for any property that has been damaged.
- Evacuations should not result on the displacement of individuals or subject them to violations of other human rights.
- In cases where victims are unable to support themselves, the State must take all appropriate measures, to the maximum of its available resources, to ensure adequate alternative housing, and/or resettlement or access to productive land, as the case may be.
- In cases where eviction is justified, it should be implemented in strict compliance with the relevant provisions of international human rights law and in accordance with the general principles of reasonableness and proportionality.
- General Comment No. 7 also adopted a set of protection measures which should be applied to evictions as follows:
- Opportunity to consult with those who are really affected.
- Give sufficient and reasonable time to all affected persons before the scheduled date of evacuation.
- When it comes to groups of people, government officials or their representatives must be present during the evictions.
- Provide, where possible, legal assistance to persons in need of a remedy before the courts.
ECRF supports development and improvement. However, we completely reject the Egyptian authorities’ violation of domestic law and international treaties.
We also reject the use of violence and force as an alternative to consultation and fair legal remedies, which is still repeated as the main approach of the executive authorities in dealing with informal settlements.