Introduction:
The academic situation in Egypt has continuously deteriorated since the academic year 2013/2014. Academics and students face widespread and continued violations aimed at completely controlling academic and student rights and freedoms inside and outside universities. These violations also aim to eliminate the independence of universities, the independence of decision-making, and the universities’ participation in public affairs and political life in general. These violations included interferences by the executive authorities and the security services in administrative affairs and the selection of university leaders, the restriction of academic freedom, and the violation of student rights by eliminating the student movement in Egypt and the impact it had in demanding student regulations that represent university students and safeguard their rights and freedom. All this has limited the space of freedom in universities and created a space of fear and suspicion, which prompted professors, researchers, and students to exercise self-censorship, thus preventing anyone from expressing their opinion for fear of abuse.
This paper reviews the status of universities in Egypt through the status of university independence, academic freedom, and student freedom.
Independence of universities:
Article 21 of the 2014 constitution stipulates: “The state shall guarantee the independence of universities, scientific and linguistic academies. It shall be committed to the provision of university education in accordance with the international quality standards.”[1] The principle of university independence extends to the universities’ financial, administrative, and academic independence, which includes the selection of university leaders, decision-making, the independence of faculty members, freedom of research and teaching, the independence of academic affairs, and student freedoms and rights.[2]
Since 1972, universities have been subject to Law No. 49 of 1972, which was issued during the era of late President Sadat to regulate universities. Many amendments have been made to this law without issuing a new law to keep pace with the political and social changes, especially after January 2011.[3]
First: The selection of university leaders and its impact on decision-making:
The issue of selecting university leaders is one of the key determinants of university independence. It sparked political and academic controversy for a long time, especially after January 2011. Law No. 49 of 1972 provided for the selection of university leaders, such as university presidents, deans of colleges, and heads of departments, by appointment. In this regard, Article 25 of the 1972 law stipulated that university presidents shall be appointed by the President of the Republic with a proposal from the Minister of Higher Education. University presidents, according to the law, may be removed from office before the end of their terms by a decision from the President of the Republic based on a request from the Supreme Council of Universities[4]. Article 43 of the same law stipulates that deans of faculties shall be appointed by the President of the Republic. They are elected by secret ballot in the college council, where the names of the three most voted candidates are sent to the university president, who – in turn – nominates one of them to the Minister of Higher Education.[5]
After the January 2011 revolution, and as a result of the efforts of the university independence and student movements, the first democratic system was adopted to select university leaders by election, and also to elect the deans of faculties via direct secret voting by faculty professors and with a percentage from the associate body. This situation continued until 24 June 2014, when President Abdel-Fattah al-Sisi issued a decree to amend some provisions of Law No. 49 of 1972. The amendments reinstated the appointment of university leaders instead of electing them. Article 25 of the law was amended, which states: “University presidents shall be appointed by a decision from the President of the Republic based on a proposal from the Minister of Higher Education. A university president shall be selected from among three professors nominated by a specialized committee.”[6]
These amendments violate Article 21 of the Egyptian constitution, which stipulates that the state guarantees the independence of universities and scientific and linguistic academies. The independence of universities requires the non-interference of the state or any other external party in the administrative affairs of universities and the method of selecting their leaders.
The Ministry of Higher Education issued Resolution No. 2665 of 2015 to form a committee to nominate university presidents and deans of colleges and institutes, and regulate the work of universities and colleges as well as the procedures and conditions for candidacy. The Ministerial Resolution No. 293 of 2021 rearranged the procedures for forming the committees in charge of the selection of university leaders and added further selection conditions.
As a result, university professors have been deprived – based on instructions from security services – of administrative promotions due to their political affiliations. The adoption of the appointment policy indicates the executive authorities’ control over the selection of university leaders and the obstruction of the independence of universities by controlling the planning and implementation of university management policies in a way that meets the needs and requirements of each university.[7]
Second: Financial resources of universities:
Since the 1970s, the official narrative has continued to affirm the independence of universities, in the sense of the right of each university to set its own regulations and establish faculties and departments it deems necessary for society. However, universities are still far from real independence. The state, by virtue of its spending on universities, controls all university affairs through the Supreme Council of Universities and the Ministry of Higher Education. It undertakes the appointment of university presidents, their deputies, and trustees. For their part, the university presidents appoint deans, secretaries, and heads of departments, based on the security authorities’ approval. Some questions arise about how to strike a balance between the principle of independent management of universities with their dependence on government funding, which amounts to 75% of the total university budgets, and the rights that result from this funding.
This funding leads to the right of the government (the executive authorities) to directly supervise educational and research affairs in universities, the right of the Minister of Higher Education to issue directives to universities in various affairs, and the right of the government and security services to interfere in university affairs[8]. Thus, the universities’ reliance on government resources led to the loss of their independence and resulted in their financial, administrative and academic subordination to the executive authorities.[9]
Academic freedom:
The Global Colloquium of University Presidents that met at Columbia University in 2005 defined academic freedom as “the freedom to conduct research, teach, speak, and publish, subject to the norms and standards of scholarly inquiry, without interference or penalty, wherever the search for truth and understanding may lead”.[10]
Academic freedom in Egypt has been subjected to restrictions and violations. These included the restriction of freedom of research and teaching, the prevention of professors from participation in public affairs, and the laws on removal from office. Under these restrictions, faculty members have to obtain security approvals before traveling abroad, despite having fulfilled all academic and administrative requirements and obtaining approvals from the university. Furthermore, restrictions have been placed on hosting foreign researchers, thus obstructing their work in Egypt and prompting the security services to pursue them.
First: Freedom of research and teaching:
Although Article 23 of the Egyptian constitution guarantees freedom of scientific research[11], academic freedom has been restricted since 2013, as university administrations interfered in research and teaching, and limited the powers of university professor by writing off academic theses for political reasons[12]. In this context, the Alexandria University’s Faculty of Engineering referred Professor of Environmental Engineering Dr. Haitham Awad to investigation for stating in a question he mentioned in his subject exam that the Red Sea island of Tiran was Egyptian.
University administrations continue to interfere in freedom of teaching under the pretext of protecting morals and society values. Restrictions were not limited to freedom of research and teaching only, but rather went beyond them to include matters related to religion or gender as well as personal behaviours and the so-called university norms and traditions. The Supreme Administrative Court upheld the decision of the President of Suez University to dismiss Dr. Mona al-Prince, a teacher in the English Department at the Faculty of Arts, from her job after referring her to a disciplinary board for posting videos on her social media accounts showing her dancing on the roof of her house. The university administration deemed the videos immoral. Al-Prince did not commit to teaching the academic curriculum at the Faculty of Education, and she was accused of contempt of religions. She appeared on several TV shows without the university’s permission. She made statements that contradicted university and public traditions, values and morals, which were inconsistent with her role as a university professor.
Moreover, the Ministry of Higher Education’s continued restriction of freedom of research and teaching represents one of the key violations against academic freedom in Egypt. In this context, it is possible to recall the objection of the Minister of Higher Education to one of the questions included in an exam for the students of the Faculty of Law as the question tackled the statement of the Commander-in-Chief of the Armed Forces to oust late President Mohamed Morsi (on 3 July 2013), or the minister’s instructions that the curricula of all departments in universities should be free of any implicit or explicit abuse of societies or individuals in friendly countries.
These interferences, whether from the college, the university or the Ministry of Higher Education, seek to curtail the universities’ interaction with the current political, economic and social issues in the country. This leads to the isolation of universities from reality and the diminution of their role and influence in the public life.
Second: Preventing professors from participation in public affairs:
Restrictions on freedom of thought and expression at the level of university administrations have taken many forms in previous years. These included the prevention of professors from participating in public affairs through media appearances, writing articles, making press statements, or writing on social media. For example, the administration of Kafr El-Sheikh University decided in September 2015 to prevent professors from appearing on the media, publishing articles, or making press statements without prior permission from the university president or a written approval from the bodies concerned. The Suez Canal University followed suit in November 2015.[13]
Third: Dismissal:
In January 2015, President Sisi issued a decree amending Article 110 of Law No. 49 of 1972 on the regulation of universities. The amended article stipulated that a faculty member shall be dismissed in four cases, namely “if he participates in, incites, or assists in violence or riots within the university or any of its facilities; if he practices any partisan actions within the university; if he brings to the university any type of weapons, explosives, fireworks, incendiary materials, or tools that expose individuals, facilities, and property to damage and danger; and if he commits any act that disgraces the honour of a faculty member or affects his integrity, dignity, or the dignity of his job”.[14]
These amendments contradict Article 74 of the constitution which stipulates the right of citizens to establish political parties[15]. They also raise questions about the political and civil rights and personal freedoms of university professors. They restrict the professors’ participation in the political life and their right to express their opinions on public affairs. In fact, these amendments mainly aim to exclude and isolate university professors who have anti-government views. They also give powers to university administrations that have nothing to do with their jurisdiction. Universities are academic institutions, so how can they determine the professors’ partisan activities or their incitement of riot and violence except by relying on security reports? This allows the security services to penetrate universities and interfere unjustly in the affairs of faculty members.
Fourth: Security approval for professors’ travel:
The security approval required for the travel of faculty members restricts their academic freedom by preventing them from researching and teaching at universities abroad. It also hinders their communication with their peers to exchange knowledge and scientific discussion and keep abreast of developments in the field of their specialization.[16]
Law No. 49 of 1972 on the regulation of universities does not require faculty members and associate staff to obtain approvals from the Ministry of Higher Education’s Department of Inquiry and Information before their travel. The tasks and nature of specialization of the department are not announced. The condition of obtaining security approval before travel violates Article 21 of the Egyptian constitution which stipulates that “the state guarantees the independence of universities”. The Ministry of Higher Education and the security services should not interfere in the administrative, financial or academic affairs of universities.
Nevertheless, university administrations refuse to allow faculty members to travel without obtaining security approvals. In November 2015, the administration of Ain Shams University refused to allow professor at the Faculty of Engineering Mohamed Hassan Suleiman to travel on a scholarship to the United States, although he fulfilled all requirements from the university, due to the lack of security approval. As a result, the professor missed the scholarship.[17]
Fifth: Academic exchange: Restrictions on hosting:
Cooperation agreements between public and foreign universities are subject to the oversight and control of the security services, which have the final say on such agreements. Foreign researchers in Egypt face security restrictions while conducting their field research despite having official papers proving their research work. These restrictions lead researchers to end their stay in Egypt and return to their countries. In this context, the torture and murder of Italian researcher Giulio Regeni in 2016 at the hands of the security services can be highlighted. Regeni was a visiting doctoral researcher at the American University in Cairo and was conducting research on the street vendors syndicate in Egypt. Also, an MA researcher was arrested several times while conducting field research, although he took part in an academic programme between an Egyptian public university and a European university and his research was officially recognized. Every time the student was arrested he was questioned about the reason he was in Egypt and the kind of work he was doing, and then he would be released. The student faced severe security pressure and was thus unable to continue his studies in Egypt. He decided to return to his country.[18]
Student rights
The student regulations and the Egyptian Students’ Union:
The student regulations are part of the law that regulates universities. They include articles on students’ unions and their election and committees[19]. The students’ struggle to set regulations that guarantee their rights and freedom has gone through several important stages since the July 1952 revolution. After the January 2011 revolution, the student movement became stronger and more active. The student regulations went through many turning points in the period from 2011 to 2017.
In 2011, student forces sought to form a general students’ union. The 2007 regulations, known as the state security regulations, which were approved by Presidential Decree No. 240 after introducing some amendments to the 1979 regulations, were in place at the time. The heads of students’ unions at 20 public universities and 12 private universities agreed on a common formula to regulate the work of the unified union until the regulations are amended. The formula stipulated that the Egyptian Students’ Union shall be the legitimate body through which students can practice their various activities.
In 2013, former Prime Minister Hisham Qandil issued new executive regulations for student elections, which approved the General Union of Egyptian Students and made it legally possible to elect the students’ union by voting with any number of votes. The Minister of Higher Education at the time, Mustafa Mosaad, also issued financial and administrative regulations that stipulated the formation of the General Union of Egyptian Students. The union elections were held that year.[20]
After ousting President Morsi in 2013, the new government sought to shut down dissent and targeted students’ unions. Army and police forces suppressed demonstrations by university students, especially Muslim Brotherhood students, and arrested thousands of them. The police were allowed to enter the university campus any time they feel threats to the university. Students also faced administrative abuses, as university administrations dismissed thousands of students on the grounds of their political activity within the university, prevented activities and events, and sometimes handed over students to the police[21]. The government introduced amendments to the laws related to students, including the addition of Article 184 bis to the universities regulation law, which gives university presidents the right to permanently dismiss “disruptive” students. The government suspended the students’ union elections for two years without any legal reason in 2014-2015.
Two successive ministers of higher education, Sayed Abdel-Khalek and Ashraf Al-Shehi, introduced amendments to the financial and administrative regulations of students’ unions that aimed at controlling student elections[22]. In 2014, Abdel-Khalek issued Resolution No. 4951 of 2014, approving new financial and administrative regulations for the students’ unions, and suspending the financial and administrative regulations that were drawn up in 2012 for containing some irregularities. In 2015, Al-Shehhi announced that the student elections would be held according to the 2007 regulations, which did not include any article about the Egyptian Students’ Union. He noted that the 2013 regulations were contested and that elections would not be held under these regulations until the appeal against them was decided. University leaders announced at the time that Al-Shehhi’s decisions were meant to suppress the student movement. This prompted the Ministry of Higher Education to form a new committee to put forward proposals to amend the old regulations.
On top of the proposed amendments was adding some conditions that must be met by candidates for the students’ union elections. These included the condition that candidates should not belong to a terrorist group and must have previous student activity.
These criteria were vague and general. How can the university determine the student’s affiliation with a terrorist group or the extent of his participation in student activities? Basically, these amendments aimed to exclude opposition students, particularly Muslim Brotherhood students, from the elections.[23]
In August 2017, the Supreme Council of Universities, headed by Dr. Khaled Abdel Ghaffar, approved new student regulations, which are in place so far. The regulations abolished the Students’ Union at the national level and kept college and university unions, similar to the 1979 regulations which were amended in 2007.[24]
The new regulations stipulate that the student should be new to his batch, have a documented student activity, have good conduct and reputation, have not been subjected to a disciplinary penalty, have not been sentenced in a crime that violates honour and trustworthiness unless he has been rehabilitated, and have not belonged to any terrorist organisation, entity or group established in contravention of the law.
These regulations reflected the universities’ arbitrariness and restrictions on students’ right to run for the elections and participate in students’ unions. They gave more room for the universities to exclude opposition and independent students from the elections. They also gave the universities the power to determine whether a student belongs to a terrorist group. The new regulations resulted in two things, namely the abolition of the Egyptian Students’ Union and the exclusion of opposition and independent students, or those who the university administration does not want to nominate in the first place. In addition to security and administrative violations within universities, the new regulations also led to the isolation of the student movement in Egypt and the decline of its impact.
[1] Article 21 of the Egyptian constitution, last visited on 15 January 2023, https://dostour.eg/2013/topics/basic-components/state-35-4/comment/85250/ [2] Menna Omar, “This is how students and professors moved to defend the concept of university independence in Egypt,” The Legal Agenda, last visited on 15 January 2023, https://bit.ly/3QKTOLi [3] Mohamed Abdel-Salam, “Under Study... On How to Issue the Higher Education Law and Guarantees of Participation,” AFTE, last visited on 15 January 2023, https://afteegypt.org/research/policy-papers/2016/08/30/12439-afteegypt.html [4] Law No. 49 of 1972 on the regulation of universities, last visited on 15 January 2023, https://bit.ly/30Hd4OB [5] Op. cit. [6] Presidential Decree No. 52 of 2014, The Official Gazette, Issue 25, 24 June 2014, last visited on 15 January 2023, https://manshurat.org/node/12946 [7] Selecting university leaders within the framework of university independence, AFTE, 29 December 2021, last visited on 13 January 2023, https://afteegypt.org/research/policy-papers/2021/12/29/27862-afteegypt.html#_ftn10 [8] Awatif Abdel-Rahman, “University independence… a renewed issue,” Al-Ahram daily, 12 October 2015, last visited on 13 January 2023, https://bit.ly/3w7OdFl [9] Abdel-Sattar Mahrous Abdel-Sattar, “Financial Resources of Public Universities in Egypt,” Fayoum University, p. 1, https://www.fayoum.edu.eg/Edu/EduManagement/pdf/MrAbdelsattar2.pdf [10] “Universities Without Academic Freedom,” AFTE, July 2020, last visited on 13 January 2023, https://afteegypt.org/research/monitoring-reports/2020/07/22/19729-afteegypt.html [11] Article 23 of the Egyptian constitution, last visited on 13 January 2023, https://dostour.eg/2013/topics/basic-components/state-34a-3/ [12] “Bulletin of Academic Freedom and University Independence,” Fourth Issue, AFTE, March 2016, last visited on 13 January 2023, available at: https://afteegypt.org/research/monitoring-reports/2016/05/16/12226-afteegypt.html [13] “Pretrial detention as punishment for opposition university professors,” AFTE, March 2020, last visited on 13 January 2023, https://afteegypt.org/research/monitoring-reports/2020/03/19/18526-afteegypt.html [14] Mohamed Basal, “Sisi issues legislation on dismissal of university professors,” Al-Shorouk, 16 January 2015, last visited on 13 January 2023, https://bit.ly/3IUTjMP [15] The 2019 amended Egyptian constitution, legal publications, last visited on 13 January 2023, https://manshurat.org/node/14675 [16] “Bulletin of Academic Freedom and University Independence,” AFTE, Fifth Issue, June 2016, last visited on 13 January 2023, https://afteegypt.org/research/monitoring-reports/2016/07/28/12377-afteegypt.html [17] “Bulletin of Academic Freedom and University Independence, AFTE, Sixth Issue, December 2016, last visited on 13 January 2023, https://afteegypt.org/research/monitoring-reports/2017/01/19/12753-afteegypt.html [18] “Suspects: The security harassment of foreign researchers in Egypt,” AFTE, April 2016, last visited on 13 January 2023, https://afteegypt.org/research/monitoring-reports/2016/04/11/12070-afteegypt.html [19] Menna Omar, “This is how students and professors moved to defend the concept of university independence in Egypt,” The Legal Agenda, last visited on 15 January 2023, https://bit.ly/3QKTOLi [20] Dalia Shebl, “After the 25 January revolution.. student regulations are confused among ministers of higher education,” Masrawy, 20 August 2017, last visited on 13 January 2023, https://bit.ly/3iFoCAH [21] “A shy movement and continuous violations.. A report on the academic year 2015/2016,” AFTE, August 2016, last visited on 13 January 2023, https://afteegypt.org/research/monitoring-reports/2016/08/16/12390-afteegypt.html [22] “Out of Coverage.. The Students’ Union elections in Egyptian universities during 2011-2020,” AFTE, April 2021, last visited on 13 January 2023, https://afteegypt.org/research/research-papers/2021/04/22/21636-afteegypt.html#_ftn13 [23] Op. cit. [24] Dalia Shebl, “After the 25 January revolution.. student regulations are confused among ministers of higher education,” Masrawy, 20 August 2017, last visited on 13 January 2023, https://bit.ly/3iFoCAH
