{"id":17876,"date":"2019-06-19T13:16:23","date_gmt":"2019-06-19T11:16:23","guid":{"rendered":"https:\/\/afteegypt.org\/?p=17876"},"modified":"2019-06-19T13:16:23","modified_gmt":"2019-06-19T11:16:23","slug":"pending-security-clearance-travel-restrictions-on-faculty-members","status":"publish","type":"post","link":"https:\/\/afteegypt.org\/en\/research-en\/research-papers-en\/2019\/06\/19\/17876-afteegypt.html","title":{"rendered":"Pending Security Clearance  Travel Restrictions on Faculty Members"},"content":{"rendered":"<p><strong><span style=\"color: #800000;\"><em>Prepared by:<\/em><em> Mahmoud Nagy, Researcher at the Association for Freedom of Thought and Expression (AFTE)<\/em><\/span><\/strong><\/p>\n<p><strong><span style=\"color: #800000;\"><em>Edited by:<\/em><em> Mohamed Abdel Salam, Head of AFTE Research Unit<\/em><\/span><\/strong><\/p>\n<p><a href=\"https:\/\/afteegypt.org\/wp-content\/uploads\/2019\/06\/Pending-Security-Clearence.pdf\">View in PDF<\/a><\/p>\n<div class=\"bs-shortcode-alert alert alert-success\">\n<h3 style=\"text-align: center;\"><span style=\"color: #ffffff; background-color: #800000;\"><strong>Contents<\/strong><\/span><\/h3>\n<p><span style=\"color: #800000;\">Methodology<\/span><\/p>\n<p><span style=\"color: #800000;\">Introduction<\/span><\/p>\n<p><span style=\"color: #800000;\">First: The imposed restrictions on Faculty Members travel<\/span><\/p>\n<ul>\n<li><span style=\"color: #800000;\">The administrative acts restricting the Faculty Members travel<\/span><\/li>\n<li><span style=\"color: #800000;\">Cases of travel reject<\/span><\/li>\n<\/ul>\n<p><span style=\"color: #800000;\">Second: The impacts of Travel Rejection<\/span><\/p>\n<ul>\n<li><span style=\"color: #800000;\">The impacts on Academic Competence<\/span><\/li>\n<li><span style=\"color: #800000;\">Security Clearance as a surveillance mechanism<\/span><\/li>\n<\/ul>\n<p><span style=\"color: #800000;\">Third: Freedom of Movement guarantees for the faculty members<\/span><\/p>\n<ul>\n<li><span style=\"color: #800000;\">The references of Faculty members\u2019 Freedom of Movement in the Constitution and International Conventions<\/span><\/li>\n<li><span style=\"color: #800000;\">The right to liberty of movement<\/span><\/li>\n<li><span style=\"color: #800000;\">The University Autonomy<\/span><\/li>\n<li><span style=\"color: #800000;\">Right to academic freedom<\/span><\/li>\n<li><span style=\"color: #800000;\">A review of the Law on The Regulation of Universities<\/span><\/li>\n<\/ul>\n<p><span style=\"color: #800000;\">Conclusion and Recommendations<\/span><\/p>\n<\/div>\n<h3><span style=\"background-color: #800000; color: #ffffff;\"><strong>Methodology<\/strong><\/span><\/h3>\n<blockquote><p><strong><span style=\"color: #800000;\">The paper at hand is an analysis of the administrative decisions issued by the Ministry of Higher Education and Scientific Research (MHESR) that impose restrictive measures on the faculty members\u2019 academic missions.<\/span><\/strong><\/p><\/blockquote>\n<p>This paper is based on interviewing three professors<a href=\"#_ftn1\" name=\"_ftnref1\"><sup>[1]<\/sup><\/a> who affiliated with different Egyptian public universities and highlighting two lawsuits<a href=\"#_ftn2\" name=\"_ftnref2\"><sup>[2]<\/sup><\/a>\u2019 facts that have been filed to appeal the illegal security-minded travel regulations of two faculty members. In addition to secondary resources of newspaper articles that address the ramifications of such measures.<\/p>\n<h3><strong>\u00a0<\/strong><span style=\"background-color: #800000; color: #ffffff;\"><strong>Introduction<\/strong><\/span><\/h3>\n<p>Over the past few years, the Egyptian government has sought to impose its hegemony on the universities by issuing flawed decisions and laws. Starting from amending the Law No. 49\/1972 on the regulation of the universities since the abolition of electing the universities leaderships. Such an amendment has been a regressive strike against the universities autonomy. Ending with requiring the security approval of faculty members travel. The academic missions were just a matter of coordination between faculty councils and university administration and independent from security apparatus\u2019 interception.<\/p>\n<p>Through this paper, AFTE sheds light on the intrusive restrictions on thousands of faculty members right to travel. These restrictions have become a daily routine which negatively affects competence and improvement of the academic community. However, AFTE has provided advocacy and legal support for who subjected to security prevention from travel. The aggrieved majority of professors tend to remain silent in order to secure their positions and to avoid any arbitrary measures resulting from their confronting actions.<\/p>\n<p>It is worth mentioning that, these restrictions are not only limited to the travel of Egyptian faculty members but also the foreign professors&#8217; visits to the Egyptian universities.<\/p>\n<p>This paper attempts to monitor and document the security-minded travel measures imposed on the faculty members in the public Egyptian universities. Also, it elaborates the implications of such measures regarding academic freedom and university autonomy values which extend to hinder the future of scientific research in Egypt. Moreover, concerning the legality of these measures, the paper states their inconsistency along with the Egyptian constitution, the Law on The Regulation of Universities and the International Conventions related to academic freedom.<\/p>\n<h3><span style=\"color: #ffffff;\"><strong><span style=\"background-color: #800000;\">First: The imposed restrictions on Faculty Members travel<\/span> <\/strong><\/span><\/h3>\n<p>This section is dedicated to review the administrative decisions that restrict the travels and visits of university professors. The decrees issued either by the universities administrations or MHESR. Then, a presentation of specific cases and lawsuits of faculty members who approached AFTE for advocacy and legal aid.<\/p>\n<ul class=\"bs-shortcode-list list-style-edit\">\n<li><span style=\"background-color: #800000; color: #ffffff;\"><strong>The administrative acts restricting the Faculty Members travel<\/strong> <\/span><\/li>\n<\/ul>\n<p><strong>\u00a0<\/strong>The Egyptian universities\u2019 administrations have keened on a systematic violation of the academic freedom through issuing a bunch of administrative decisions to control the faculty members freedoms of research, teaching, study, discussion, and travel. These decisions have provided a legally fabricated justification for lawful practices that violate academic freedoms. This transformed the violating practices to formal regulations that faculty members have to comply to avoid administrative sanctions or disruption of their academic work.<\/p>\n<p>The first measure was on April 17, 2014,<a href=\"#_ftn3\" name=\"_ftnref3\"><sup>[3]<\/sup><\/a> when a classified circular letter issued by the Minister of High Education, Wael El-Degwy, to the presidents of universities.\u00a0 The letter conveyed a directive from the Cabinet that it is not permissible to hold or host any international conferences in Egypt until after obtaining the approval of the Ministry of Foreign Affairs and coordinating with it in all matters related to administrative and organizational aspects. It is interestingly to mention that, these instructions were based on the Prime Minister decision No. 220\/1986, which is limited to government bodies and ministries, and not meant for the universities as the Egyptian constitution guarantees its independence from the government.<\/p>\n<p>Consequently, on June 30, 2015, the Damanhour University\u2019s president, Hatem Salah Al-Din, stated<a href=\"#_ftn4\" name=\"_ftnref4\"><sup>[4]<\/sup><\/a> that signing of any protocols or agreements with any foreign university is strictly prohibited unless obtaining approval from the Ministry of Foreign Affairs and security authorities. This statement aroused a heated controversy among the academic community, especially after he attributed this decision to the fear of &#8220;penetrating the country through foreign missions, and most of the activities that provided by foreign parties have hidden and harmful agenda to the country&#8221; as he put it.<\/p>\n<p>Then, at Tanta University<a href=\"#_ftn5\" name=\"_ftnref5\"><sup>[5]<\/sup><\/a>, some faculty members circulated, via their social media accounts, a similar decision issued by the deputy director for Graduate Studies and Research on July 27, 2015. The decision obligates faculty members to obtain the approval of the Ministry of Foreign Affairs through the Ministry of Higher Education before participating in seminars, conferences or international workshops or submitting scholarly papers to foreign parties.<\/p>\n<p>On July 29, 2015, Cairo University has introduced a financial requirement<a href=\"#_ftn6\" name=\"_ftnref6\"><sup>[6]<\/sup><\/a> from faculty members to obtain travel approval. Any faculty member; teaching assistant, lecturer, professor or non-educational\u2019 member is obliged to pay certain amounts as a contribution to the university. A ten thousand EGP per year from each member whether a sabbatical, assignment or secondment for the first ten years. And it raises\u00a0 to twenty thousand EGP per year by the eleventh year.<\/p>\n<p>At the end of May 2016, professors of Medicine faculty at Ain Shams University<a href=\"#_ftn7\" name=\"_ftnref7\"><sup>[7]<\/sup><\/a> posted on their social media accounts a directive from Cultural Relation Office in the university administration and headed to the Dean of Medicine Faculty. The letter states that \u201cOn April 9. 2016, the university administration has received a Circular letter N. 4416 from the Department of Inquiry and Information at MHESR, requiring that every faculty member, who is applying for travel, has to submit a four complete inquiry forms attached with recent photographs under A.R.E seal in order to get travel approval\u201d.<\/p>\n<p>The aforementioned decisions have restricted the faculty members freedom of research and participation in academic conferences, and have legalized such intrusive practices. These decisions have to be regarded as a violation of the Law on The Regulation of Universities, which gives only the universities\u2019 and faculties\u2019 administrations the right to determine their academic events, including international conferences, workshops, and seminars outside Egypt. The illegality of these decisions is detailed in the third section.<\/p>\n<ul class=\"bs-shortcode-list list-style-edit\">\n<li><span style=\"background-color: #800000; color: #ffffff;\"><strong>Cases of travel reject<\/strong><\/span><\/li>\n<\/ul>\n<p>AFTE has provided advocacy and legal aid for three faculty members faced travel rejection, however, thorough monitoring of reject cases is not available due to confidentiality condition by the aggrieved professors.<\/p>\n<p>Since 2014, universities\u2019 administrations have required security clearance as traveling approval condition from faculty members<a href=\"#_ftn8\" name=\"_ftnref8\"><sup>[8]<\/sup><\/a>. In 2015, Prof. Nabil Yosuf, a full-time professor in the Faculty of Science at Cairo University, revealed such requirement and approved to publish a testimony under his name via AFTE\u2019s platform. In his testimony, Yosuf said that \u201cduring the completion of his travel papers to Hungary from 6-30 June 2015, He headed to the Joint Supervision Department of MHESR to hand over the Cairo University\u2019s approval of his travel for an academic mission. As he is supervising a Ph.D. thesis conducted by Egyptian scholarship recipient by the MHESR\u2019s funding\u201d.<\/p>\n<p>Then, on May 14, 2015,\u00a0 MHESR officials informed Prof. Yosuf that, according to an oral directive from the minister, the ministry could not approve or afford his travel without obtaining a security clearance. Accordingly, AFTE has filed lawsuit number 64608\/69JY before the Administrative Court in Cairo. In order to appeal the security clearance measure and still pending the verdict until the issuance date of this paper.<\/p>\n<p>The second case was a teacher in the faculty of engineering at Ain Shams University, Mohamad Hasan Soliman, Who has received a rejection for his travel to the USA, although he has met all requirements<a href=\"#_ftn9\" name=\"_ftnref9\"><sup>[9]<\/sup><\/a>. On November 2015, Soliman has received a traineeship program in the USA from Fulbright Egypt,\u00a0 and the Council of the Electrical Power and Machines Engineering Department has approved his sabbatical on June 30, 2016.<\/p>\n<p>On\u00a0 April 11, 2016, Soliman received the faculty of Engineering Council\u2019s approval. Then, the university&#8217;s acting president confirmed the travel grant on a condition that \u201ctravel proceedings may not be initiated except after receiving security clearance obtaining a security clearance\u201d<\/p>\n<p>according to the official approval letter handed to Soliman<a href=\"#_ftn10\" name=\"_ftnref10\"><sup>[10]<\/sup><\/a>.<\/p>\n<p>By the travel date, on July 6, 2016, Soliman failed to get the security clearance. Thus the university has retracted its approval. And since Fulbright requires the home university approval, it had to withdraw the traineeship. Although he had gone a long way in travel and visa procedures.<\/p>\n<p>In an interview with Soliman<a href=\"#_ftn11\" name=\"_ftnref11\"><sup>[11]<\/sup><\/a>, he said \u201cthis situation had led to losing a great opportunity to participate in the biggest conference on the electric power in North America (IEEE General meeting) and to visit the largest stations of renewable energy in the USA (Denver City). Such an opportunity which is impossible to afford it by my personal resources\u201d.<\/p>\n<p>Kholoud Saber, the assistant professor at the Faculty of Arts at Cairo University, is the third case that AFTE has worked on<a href=\"#_ftn12\" name=\"_ftnref12\"><sup>[12]<\/sup><\/a>. Kholod has got a sabbatical for the first year of a doctorate program at the Catholic University of Leuven in Belgium. The sabbatical was from October 2015 till September 30, 2016, and Cairo University would pay Saber\u2019s salary and contribute to the travel expenses.<\/p>\n<p>On August 2, 2015, the Psychology Department Council has approved Saber\u2019s sabbatical. Then it was the approval of the deputy president of the Graduate Studies on August 12, 2015. And finally, the approval of the Department of Cultural Relations at Cairo University on August 16, 2015.<\/p>\n<p>After she has begun studying in Belgium,\u00a0 Saber received an email from the administration of the Arts Faculty on December 11, 2015 terminating her doctoral research sabbatical, in response to a notice from the Department of Inquiry and Information at the Ministry of Higher Education in November 2015 that the department had denied approval for Saber\u2019s doctoral scholarship at the Catholic University of Leuven. On December 6, 2015, the dean of the Arts Faculty received a letter from the university\u2019s Cultural Relations Office on the recommendation of the Ministry of Higher Education ordering Saber to return to Egypt and take up a position in the university\u2019s psychology department.<\/p>\n<p>on February 4, 2016, AFTE appealed the decision before the Egyptian administrative court, under lawsuit number 3163\/ Judicial year 63. Consequently, Cairo University retracted its decision and allowed Saber to resume her sabbatical period and her doctoral research. However, Saber insisted on moving ahead with the lawsuit in anticipation of any new violation may be exercised by the university and to instate her legal right to continue with her scholarship for doctoral research.<\/p>\n<p>Indeed, Cairo University administration repeated the same actions on August 17, 2017, when Saber had requested a sabbatical renewal, since her sabbatical for the second year of her Doctoral degree ends by the end of October 2017. However, Saber did not get final approval for her request. Subsequently, Saber inquired about the status of her request. She was then informed by Faculty employees that Faculty of Arts has approved her request for renewal and that her papers are awaiting the endorsement of the University administration. Meanwhile, Saber informally received news that the approval of her request was pending authorization by state security services. Moreover, the university administration ceased the payment of Saber\u2019s Salary since September 2017.<\/p>\n<p>Saber tried to inquire about the University\u2019s stance from her request, and appealed to the university\u2019s vice-president of graduate studies, informing him of the urgency of making a decision in regards to her request \u2013 to which she was notified that it was awaiting his endorsement and approval. However, her appeal was not met with a response.<\/p>\n<p>Correspondingly, on the 19thof December 2017, AFTE\u2019s attorney amended the appeal\u2019s petition based on the recent intransigence of the university in renewing Saber\u2019s sabbatical for the year 2017-2018. On February 20, 2018, the competent education circuit, at the Administrative Court,\u00a0 ordered an adjournment of the hearing and the immediate suspension of the University\u2019s \u2018passive decision\u2019: abstaining from the renewal of assistant professor Kholoud Saber sabbatical, in order to complete her doctoral research in Belgium, and annulment of all that follows such decision: most importantly the payment of her suspended due salary since October 2017.<\/p>\n<p>In his newspaper article<a href=\"#_ftn13\" name=\"_ftnref13\"><sup>[13]<\/sup><\/a>, Prof. Mostafa Kamel Al-Sayed mentioned that the security clearance was not required until the last few years. He wrote \u201c The universities were not only approving the academic missions but also was willing to finance part of the travel expenses if it was for submitting a scholarly paper. This is an established procedure in all universities of the world. In my personal experience with travel application, I have always stated that the travel shall not entail any derelictions of my teaching responsibilities, and I exempt the university from contributing to the travel expenses. \u064dSuch travel approvals were simple and easy but in the last few months, it has been required to submit five copies of security inquiry forms attached with photographs, pending the security clearance to travel. Since the completion of my doctorate study in the last year of Sadat\u2019s era, I have become an extensive traveler to attend a lot of academic events, and I have never been required to apply for security clearance before\u201d.<\/p>\n<p>Prof. Nabil Yosuf\u2019s lawsuit in 2015 was the first challenging the requirement of security clearance for the faculty members travel. Nevertheless, the practice of such requirement predates this case. According to an interview prof. Rasha<a href=\"#_ftn14\" name=\"_ftnref14\"><sup>[14]<\/sup><\/a>, the security clearance has existed before but the universities administrations\u2019 approval was not restricted to obtaining a security clearance.<\/p>\n<p>Prof.Rash stated that \u201c the security clearance has been, already, required since 2007, when I did read a copy of an official letter issued by the deputy president of Graduate Studies Affairs. The letter stated that Faculty Members travel is not allowed until obtaining security approval. Only back then this approval was not bluntly named as \u2018Security Clearance\u2019 but just as \u2018Security Queries\u2019. This measure has continued till 2011, then it was held because of its illegality.\u201d According to Rasha, the universities have resumed the security clearance requirement in 2014 even if it is a sabbatical or a personal leave of absence.<\/p>\n<h3><span style=\"background-color: #800000; color: #ffffff;\"><strong>Second: The impacts of Travel Rejection<\/strong><\/span><\/h3>\n<p>Following the review of the administrative decisions that restrict the travels and visits of university professors, and a presentation of specific cases and lawsuits of faculty members who approached AFTE for advocacy and legal aid. This section deals with the impacts of these decisions, based on three interviews with faculty members affiliated with public universities.<\/p>\n<ul class=\"bs-shortcode-list list-style-edit\">\n<li><span style=\"background-color: #800000; color: #ffffff;\"><strong>The impacts on Academic Competence<\/strong><\/span><\/li>\n<\/ul>\n<p><strong>\u00a0<\/strong>The security clearance requirement is breaching the academic freedom for the faculty members. Since it hinders faculty members from researching and teaching in universities abroad. And it prevents them from communicating with their international peers to exchange knowledge and involve in academic debates. In many cases, the security authorities either give an unexplained reject or even refrain from response which also means a rejection.<\/p>\n<p><em>\u201cScientific Research is surviving in Egypt because of international relations and cooperation. As the Egyptian government does not fund it. So, without our international cooperation and academic exchanges between Egyptian universities and universities abroad, we have nothing. We are not self-sufficient to work on our own\u201d<\/em><\/p>\n<p><em>Excerption from Prof. Laila Souif\u2019s interview<a href=\"#_ftn15\" name=\"_ftnref15\"><sup>[15]<\/sup><\/a><\/em><\/p>\n<p>These measures are restricting faculty members from communicating with international universities and scientific research centers. Moreover, it drastically has affected the academic competence of the Egyptian universities and on the faculty members\u2019 and students\u2019 potential for research, creation, and learning.<\/p>\n<p>In Prof. Rasha\u2019s interview, she stated that in addition to the negative impact of the security clearance restrictions on faculty members\u2019 academic improvement which is reflected on the students, there is another security clearance for hosting international faculty members to participate in academic activities organized by Egyptian universities. For instance, there was a research group from an American university who planned to participate in a workshop organized by the Egyptian university that Prof. Rasha works for. And the delay of issuing the security clearance for their participation has led to cancel the workshop. \u201cThe workshop was on the creative writing which is, supposedly, not a sensitive field for the university&#8217;s administration\u201d Rasha commented.<\/p>\n<p>On the other hand, Rasha added that some international professors decline to participate in any academic events by Egyptian universities because they refuse to comply with the security clearance procedures. As these procedures require sending a photocopy of their passport no less than two months prior to the event\u2019s date. In another incident that Rash mentioned, \u201cwe couldn&#8217;t hold a seminar on the environment preservation that hosts international speakers because it was only a month ahead, which is contrary to the two-months period imposed by the authorities to apply for security approval\u201d<\/p>\n<p>Prof. Souif also brought up another example, a group of Cairo University professors was attending an academic conference in Berlin after obtaining the university approval. Oddly, the faculty administration ordered them to come back because it received a letter from the university administration stating that the security authorities rejected the travel. Indeed, these professors cut off their travel returning to Egypt.<\/p>\n<p>Prof. Souif considers such practices as a tremendous bad reputation of Egyptian universities. The returning professors were supposed to participate in a particular program for three months. And such non-compliance with these programs abroad may lead to the suspension of any upcoming similar invitations from international universities for the Egyptian universities.<\/p>\n<p>In this context, Prof. Al-Sayed has raised the following questions in his article;<a href=\"#_ftn16\" name=\"_ftnref16\"><sup>[16]<\/sup><\/a><\/p>\n<p>\u201cIn that given situation of security restrictions on the academic missions and intercepting the cooperative relations with the international universities, How can we expect an improving international ranking of the Egyptian universities? Since these missions and cooperation are among the global ranking criteria. And how can we achieve the President&#8217;s invitation to bring branches of well-known international universities in Egypt?\u201d<\/p>\n<p>Such questions raise concerns about the continual decline of the Egyptian universities\u2019 academic competence as they are suffering from lack of communication and openness to their international counterparts because of ongoing security interference in the academic work.<\/p>\n<ul class=\"bs-shortcode-list list-style-edit\">\n<li><span style=\"background-color: #ffffff; color: #800000;\"><strong>Security Clearance as a surveillance mechanism<\/strong><\/span><\/li>\n<\/ul>\n<p>These security measures can not be seen in isolation of the Egyptian government&#8217;s wider attitude to have control over the academic community. The security authorities have the upper hand in determining the faculty members travel through irrelative criteria to the academic work. Moreover, security clearance can be a sufficient mechanism of surveillance.<\/p>\n<p>Since the security clearance is an illegal measure, which is imposed on the public universities in order to make the security authorities informed by all the movements of the faculty members. As obtaining the security clearance requires a faculty member to provide detailed information on the travel period, the hosting entity and the event\u2019s subject. And this is considered as a censorship of the research work in the universities.<\/p>\n<p>Prof.Rasha believes that the security clearance measure has been initiated in order to prevent the travel of Muslim Brotherhood professors abroad. However, Rasha adds, this is not a valid claim because the university administration, only, is responsible for holding the faculty members accountable, in case of any irregularities while their academic missions. But the security authorities still agitated that the faculty members can have available opportunities to make conversations about the political situation in Egypt while they are abroad, Rasha said.<\/p>\n<h3><span style=\"color: #ffffff;\"><strong><span style=\"background-color: #800000;\">Third: Freedom of Movement guarantees for the faculty members<\/span> <\/strong><\/span><\/h3>\n<p>This section is a review of the Egyptian constitution, the Law on The Regulation of Universities and the International Conventions regarding academic freedom, and university autonomy values, and the faculty members right to movement.<\/p>\n<ul class=\"bs-shortcode-list list-style-edit\">\n<li><strong>\u00a0<\/strong><strong>The references of Faculty members\u2019 Freedom of Movement in the Constitution and International Conventions<\/strong><\/li>\n<\/ul>\n<p>This will be addressed at three components: freedom of movement, the university autonomy, and academic freedom, which they are\u00a0 protected by several articles, whether in the Egyptian Constitution or International Conventions, as follows;<\/p>\n<p><strong><span style=\"color: #800000;\">&#8211; <\/span><span style=\"color: #800000;\">The right to liberty of movement<\/span> <\/strong><\/p>\n<p><strong>\u00a0<\/strong>\u201cFreedom of movement, residence, and emigration is guaranteed. No citizen may be expelled from state territory or banned from returning thereto. No citizen may be banned from leaving state territory placed under house arrest or banned from residing in a certain area except by a causal judicial order for a specified period of time, and in cases specified by the law.\u201d<\/p>\n<p><span style=\"color: #800000;\"><strong>Article (62) of the Egyptian Constitution<\/strong><\/span><\/p>\n<p>Article 62\u00a0 of the recent Egyptian constitution guarantees freedom of movement.\u00a0 And it affirms that no citizen may be deported from the territory of the State, nor shall he be prevented from returning to the territory of the State, nor shall he be prevented from leaving the territory of the State, except by a judicial injunction for a specified period of time. The constitution gives the Law authority of determining the conditions under which this constitutionally protected right may be restricted, but on the condition that it shall be by a judicial warrant and for a specified period. Which is not the case regarding the faculty members travel.<\/p>\n<p>The International Covenant on Civil and Political Rights (ICCPR) gives considerable attention to ensuring freedom of movement.<a href=\"#_ftn17\" name=\"_ftnref17\"><sup>[17]<\/sup><\/a>.The Covenant states in Article (12) \u201c&#8230;Everyone shall be free to leave any country, including his own\u201d, and in another position of the same article \u201cThe above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (order public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant\u201d<a href=\"#_ftn18\" name=\"_ftnref18\"><sup>[18]<\/sup><\/a>.<\/p>\n<blockquote><p><strong><span style=\"color: #800000;\">The ICCPR gives the national laws of states parties the authority of determining the conditions under which this protected right may be restricted, provided that such restrictions shall not contradict with the other protected rights by the Covenant.<\/span> <\/strong><\/p><\/blockquote>\n<p>In addition to that, the Human Rights Committee (CCPR) interpreted article 12 in its General Comment<a href=\"#_ftn19\" name=\"_ftnref19\"><sup>[19]<\/sup><\/a> as follows, \u201cFreedom to leave the territory of a State may not be made dependent on any specific purpose or on the period of time the individual chooses to stay outside the country. Thus traveling abroad is covered as well as departure for permanent emigration.\u201d<a href=\"#_ftn20\" name=\"_ftnref20\"><sup>[20]<\/sup><\/a> \u0650Also, the CCPR expressed its concern with \u201cthe manifold legal and bureaucratic barriers unnecessarily affecting the full\u00a0 enjoyment of the rights of the individuals to move freely\u201d<a href=\"#_ftn21\" name=\"_ftnref21\"><sup>[21]<\/sup><\/a>these barriers include, for instance, the \u201cunreasonable delays in the issuance of travel documents&#8230;because the applicant is said to harm the good name of the country\u201d<a href=\"#_ftn22\" name=\"_ftnref22\"><sup>[22]<\/sup><\/a> or to require the \u201cexact description of the travel route\u201d<a href=\"#_ftn23\" name=\"_ftnref23\"><sup>[23]<\/sup><\/a>, etc.<\/p>\n<ul class=\"bs-shortcode-list list-style-edit\">\n<li><span style=\"color: #800000;\"><strong>\u00a0<\/strong><strong>The University Autonomy<\/strong><\/span><\/li>\n<\/ul>\n<p>The security clearance is a blunt breach of the academic independence and the freedom of scientific research which they are protected by the Constitution, national laws, and the related international conventions. The Egyptian Constitution states in its Article (21) that \u201c The state guarantees the independence of universities\u2026\u201d. This is supposed to provide the university its independence as an educational institution responsible for determining its internal affairs and academic work, apart from any interference by either the government or the security authorities. Therefore, it is a violation of the University Autonomy to share the faculty members\u2019 travel application documents with the security authorities for obtaining their approval.<\/p>\n<p>Furthermore, the Article (23) of the Constitution asserts that \u201cThe state grants the freedom of scientific research and encourages its institutions\u201d which requires the government abstention from interfering in the academic work of faculty members whether inside Egypt or in academic missions abroad.<\/p>\n<ul class=\"bs-shortcode-list list-style-edit\">\n<li><span style=\"color: #800000;\"><strong>\u00a0<\/strong><strong>Right to academic freedom<\/strong><\/span><\/li>\n<\/ul>\n<p>The international Conventions gives prestigious care of academic freedom protection, and to provide all possible means achieving the cooperation among the international academic community members. As it leads to the scientific development and knowledge exchange. This makes the faculty members\u2019 right of liberty to movement a crucial necessity. It keeps them updated with international academic developments. Also, provides them with scientific and technological capacities may not be available in Egyptian universities due to the poor government spending on scientific research.<\/p>\n<p>This would enrich the faculty members\u2019 experiences, and beneficial to the development of scientific research and teaching methodologies in Egyptian universities.<\/p>\n<p>It worth mentioning Egypt&#8217;s commitment to the International Covenant on Economic, Social and Cultural Rights (ICESCR) which acknowledges in its Article (13) the right to education<a href=\"#_ftn24\" name=\"_ftnref24\"><sup>[24]<\/sup><\/a>. And Committee on Economic, Social and Cultural Rights (CESCR) stated in its interpretation of Article (13)<a href=\"#_ftn25\" name=\"_ftnref25\"><sup>[25]<\/sup><\/a> that \u201c&#8230;the right to education can only be enjoyed if accompanied by the academic freedom of staff and students.\u201d<a href=\"#_ftn26\" name=\"_ftnref26\"><sup>[26]<\/sup><\/a> and \u201cMembers of the academic community, individually or collectively, are free to pursue,<\/p>\n<p>develop and transmit knowledge and ideas, through research, teaching, study, discussion, documentation, production, creation or writing.\u201d<a href=\"#_ftn27\" name=\"_ftnref27\"><sup>[27]<\/sup><\/a><\/p>\n<p>Additionally, in its General Conference<a href=\"#_ftn28\" name=\"_ftnref28\"><sup>[28]<\/sup><\/a>, UNESCO recommended that \u201cThe interplay of ideas and information among higher-education teaching personnel throughout the world is vital to the healthy development of higher education and research and should be actively promoted. To this end higher-education teaching personnel should be enabled throughout their careers to participate in international gatherings on higher education or research, to travel abroad without political restrictions and to use the Internet or video-conferencing for these purposes.\u201d<a href=\"#_ftn29\" name=\"_ftnref29\"><sup>[29]<\/sup><\/a> and it urged the Member States and higher education institutions to \u201c&#8230;take all feasible steps to apply the provisions spelled out above to give effect, within their respective territories, to the principles set forth in this Recommendation.\u201d<a href=\"#_ftn30\" name=\"_ftnref30\"><sup>[30]<\/sup><\/a><\/p>\n<ul class=\"bs-shortcode-list list-style-edit\">\n<li><span style=\"color: #800000;\"><strong>A review of the Law on The Regulation of Universities<a style=\"color: #800000;\" href=\"#_ftn31\" name=\"_ftnref31\"><sup>[31]<\/sup><\/a><\/strong><\/span><\/li>\n<\/ul>\n<p>The security clearance measures of the faculty members\u2019 travel are a blatant violation of Law No. 49\/1972 on the regulation of the universities<a href=\"#_ftn32\" name=\"_ftnref32\"><sup>[32]<\/sup><\/a>. This law gives the universities\u2019 and faculties\u2019 administrations the only authority to determine their affairs. And this includes the faculties\u2019 councils only responsibility of coordinating the academic missions procedures among the faculty members.<\/p>\n<p>The law sets out the required procedures to the travel of faculty members according to the Article 146 which states that \u201c It is permitted to send demonstrators and assistant teachers on missions overseas or under strength of foreign grants or to allow them paid or unpaid sabbaticals, all of which shall be by resolution from the Head or Chancellor of the university on the basis of a proposal from part of the council of the faculty or institute after consultation of the competent departmental council, and the approval of the council of post-graduate studies and research in the university\u2026\u201d<a href=\"#_ftn33\" name=\"_ftnref33\"><sup>[33]<\/sup><\/a>. Nevertheless, the universities administrations\u2019 refuse to issue final travel approval unless obtaining the security clearance from the Department of Inquiry and Information at the Ministry of Higher Education,\u00a0 which is the body that sends traveling university staff papers to the state security authorities.<\/p>\n<p>Accordingly, this is considered as an infringement of Article (35) that articulates the competence of the council of post-graduate studies and research at the university in matters of \u201cthe preparation of a general plan for the university missions, sabbaticals and missions on foreign grants.\u201d<a href=\"#_ftn34\" name=\"_ftnref34\"><sup>[34]<\/sup><\/a> Since the Department of Inquiry and Information is affiliated with the Ministry of Higher Education and has no mention in the related law, meaning that it does not have the competence to grant approval or to express an opinion on the faculty members sabbaticals.<\/p>\n<p>Regarding the aforementioned decision that requires collecting contributions from any faculty member who is traveling for either a sabbatical, assignment or secondment, such decision is a breach of Article (38) of the Constitution, which asserts that \u201c &#8230;It is prohibited to require anyone to pay additional taxes or fees except within the limits of the law&#8230;\u201d. In accordance with that, faculty members shall not be required to make any payments to universities outside the law. Since the law articles regulating the transfer, secondment, delegations, and leaves of faculty members and non-teaching staff do not allow the payment of such fees. Moreover, this decision is also violating Article(40) of the Constitution which states that \u201c&#8230;Private confiscation is prohibited except based on a court judgment.\u201d In this case, there is no court order to require such payments, and Cairo University is the only university that issued such a decision. Therefore, this administrative decision of Cairo University clearly contravenes the constitution.<\/p>\n<p>Also, Article (7) of the Law on the Organization of Universities addressed the issue of the contributions. It states that \u201cUniversities are public authorities of a scientific and cultural nature. Each of them stands as a corporate person. They are entitled to accept those donations granted them which wouldn\u2019t conflict with the original object for which university has been established.\u201d<a href=\"#_ftn35\" name=\"_ftnref35\"><sup>[35]<\/sup><\/a> And the only allowed situation of allowing conditioned donation is when the condition is imposed by the donor and vice versa is strictly not allowed<a href=\"#_ftn36\" name=\"_ftnref36\"><sup>[36]<\/sup><\/a>. Interestingly, the exact vice versa situation has been committed by Cairo University in its decision. Moreover, the donation is a contract in which the donor acts in his own money without expecting compensation. So, actually, the required payment by Cairo University is in exchange for travel approval. Accordingly, the definition of \u201cdonation\u201d cannot be applied. It is a fee rather than a donation.<\/p>\n<h3><span style=\"background-color: #800000; color: #ffffff;\"><strong>Conclusion and Recommendations<\/strong><\/span><\/h3>\n<p>Through this paper, AFTE seeks to advocate for the faculty members who are imposed either to submit security or to pay involuntary donations for travel.<\/p>\n<p>This paper has revealed few cases compared to the prolonged actual application of such practices in public universities. AFTE believes that it is crucial to confront such unconstitutional and illegal measures, and urges the faculty members, who have been subjected to this systematic intransigence by the universities\u2019 administrations, which allows blunt interference of\u00a0 the security authorities in the academic work, to publicly stand against these restrictions and defend the values of academic freedom and university autonomy.<\/p>\n<p><span style=\"color: #800000;\"><strong>Hence, AFTE puts forward the following recommendations demanding for an immediate response;<\/strong><\/span><\/p>\n<ol>\n<li>The universities\u2019 administrations must terminate the security clearance requirement for faculty members\u2019 academic missions,<\/li>\n<li>The administration of Cairo University must stop collecting illegal fees from faculty members applying for travel,<\/li>\n<li>The Ministry of Higher Education must refrain from sharing information on the academic missions of faculty members with the state security authorities.<\/li>\n<\/ol>\n<pre><a href=\"#_ftnref1\" name=\"_ftn1\"><sup>[1]<\/sup><\/a> The interviewees requested anonymity by using pseudonyms.\r\n<a href=\"#_ftnref2\" name=\"_ftn2\"><sup>[2]<\/sup><\/a> One of these lawsuits are filed by AFTE\u2019s Legal Aid Unit.\r\n<a href=\"#_ftnref3\" name=\"_ftn3\"><sup>[3]<\/sup><\/a> Mohamad Abd-Elsalam, The Concept of Academic Freedom, AFTE, Published on June 16, 2015 - Access date: May 15, 2019. <a href=\"https:\/\/urlzs.com\/Lfp9b\">https:\/\/urlzs.com\/Lfp9b<\/a>\u00a0\r\n<a href=\"#_ftnref4\" name=\"_ftn4\"><sup>[4]<\/sup><\/a> Mohamad Abd-Elsalam,\u00a0 Academic Freedom Bulletin (non-periodical) \u2013 Issue No. 10 September 2015, Access date: May 12, 2019. <a href=\"https:\/\/urlzs.com\/CybU4\">https:\/\/urlzs.com\/CybU4<\/a><a href=\"#_ftnref5\" name=\"_ftn5\"><sup>[5]<\/sup><\/a> Ibid.\r\n<a href=\"#_ftnref6\" name=\"_ftn6\"><sup>[6]<\/sup><\/a>\u00a0 Ibid.\r\n<a href=\"#_ftnref7\" name=\"_ftn7\"><sup>[7]<\/sup><\/a> Academic Freedom Bulletin (non-periodical) \u2013 Issue No. 28 July 2016, Access date: May 17, 2019. <a href=\"https:\/\/urlzs.com\/gb4KP\">https:\/\/urlzs.com\/gb4KP<\/a><a href=\"#_ftnref8\" name=\"_ftn8\"><sup>[8]<\/sup><\/a> Security Clearance is a new violation of Academic Freedom, Press Statement, AFTE, Published on May 21, 2015 - Access date: May 17, 2019. <a href=\"https:\/\/urlzs.com\/NwbmL\">https:\/\/urlzs.com\/NwbmL<\/a>\u00a0\u00a0\r\n<a href=\"#_ftnref9\" name=\"_ftn9\"><sup>[9]<\/sup><\/a> Academic Freedom Bulletin (non-periodical) \u2013 Issue No. 19 January 2017, Access date: May 19, 2019. <a href=\"https:\/\/urlzs.com\/QLVNy\">https:\/\/urlzs.com\/QLVNy<\/a><a href=\"#_ftnref10\" name=\"_ftn10\"><sup>[10]<\/sup><\/a> Review Annex (1): A photocopy of the official letter issued by the Ain Shams University's acting president.\u00a0\u00a0\r\n<a href=\"#_ftnref11\" name=\"_ftn11\"><sup>[11]<\/sup><\/a> Conducted by AFTE team.\r\n<a href=\"#_ftnref12\" name=\"_ftn12\"><sup>[12]<\/sup><\/a> Cairo University\u2019s termination of academic Kholoud Saber\u2019s scholarship in Belgium and ordering her to return is a flagrant violation of academic freedom, Joint Press Statement, Published on May 25, 2018 - Access date: May 19, 2019. <a href=\"https:\/\/urlzs.com\/9LTo1\">https:\/\/urlzs.com\/9LTo1<\/a><a href=\"#_ftnref13\" name=\"_ftn13\"><sup>[13]<\/sup><\/a> Mostafa Kame Al-Sayed, A Reconciliation Shall Upset No One, Al-Shorouk Newspaper, Published:\u00a0 May 27, 2018, Access date: 20 May 2019. <a href=\"https:\/\/urlzs.com\/jWvHq\">https:\/\/urlzs.com\/jWvHq<\/a>\u00a0\u00a0\r\n<a href=\"#_ftnref14\" name=\"_ftn14\"><sup>[14]<\/sup><\/a> An interview conducted by the writer of this paper on April 1, 2019. The interviewee requested anonymity by using \u201cRash\u201d as a pseudonym.\r\n<a href=\"#_ftnref15\" name=\"_ftn15\"><sup>[15]<\/sup><\/a> An interview with Laila Souif, Professor in the Faculty of Science at Cairo University, Cairo, March 25, 2019.\r\n<a href=\"#_ftnref16\" name=\"_ftn16\"><sup>[16]<\/sup><\/a> Mostafa Kame Al-Sayed, A Reconciliation Shall Upset No One, Al-Shorouk Newspaper, Published:\u00a0 May 27, 2018, Access date: 20 May 2019. <a href=\"https:\/\/urlzs.com\/jWvHq\">https:\/\/urlzs.com\/jWvHq<\/a>\r\n<a href=\"#_ftnref17\" name=\"_ftn17\"><sup>[17]<\/sup><\/a> The committee which monitors the implementation of the ICCPR by States parties.\r\n<a href=\"#_ftnref18\" name=\"_ftn18\"><sup>[18]<\/sup><\/a> To review the ICCPR <a href=\"https:\/\/urlzs.com\/PxjfK\">https:\/\/urlzs.com\/PxjfK<\/a>\r\n<a href=\"#_ftnref19\" name=\"_ftn19\"><sup>[19]<\/sup><\/a> General Comment No. 27 (67) on Freedom of movement (article 12). <a href=\"https:\/\/urlzs.com\/iHh6v\">https:\/\/urlzs.com\/iHh6v<\/a>\r\n<a href=\"#_ftnref20\" name=\"_ftn20\"><sup>[20]<\/sup><\/a> Ibid. P. 3\r\n<a href=\"#_ftnref21\" name=\"_ftn21\"><sup>[21]<\/sup><\/a> Ibid. P. 4\r\n<a href=\"#_ftnref22\" name=\"_ftn22\"><sup>[22]<\/sup><\/a> Ibid. P. 4\r\n<a href=\"#_ftnref23\" name=\"_ftn23\"><sup>[23]<\/sup><\/a> Ibid. P. 4\r\n<a href=\"#_ftnref24\" name=\"_ftn24\"><sup>[24]<\/sup><\/a> To review the ICESCR. <a href=\"https:\/\/urlzs.com\/d8y9o\">https:\/\/urlzs.com\/d8y9o<\/a>\u00a0 \r\n<a href=\"#_ftnref25\" name=\"_ftn25\"><sup>[25]<\/sup><\/a> General Comment No. 13 (Twenty-first session, 1999) on the right to education (article 13 of the Covenant) <a href=\"https:\/\/urlzs.com\/iuhmv\">https:\/\/urlzs.com\/iuhmv<\/a>\r\n<a href=\"#_ftnref26\" name=\"_ftn26\"><sup>[26]<\/sup><\/a> Ibid. P. 9\r\n<a href=\"#_ftnref27\" name=\"_ftn27\"><sup>[27]<\/sup><\/a> Ibid. P. 9\r\n<a href=\"#_ftnref28\" name=\"_ftn28\"><sup>[28]<\/sup><\/a> Recommendation concerning the Status of Higher-education Teaching Personnel, adopted by the General Conference at its twenty-ninth session, Paris, 21 October - 12 November 1997. <a href=\"https:\/\/urlzs.com\/4frp3\">https:\/\/urlzs.com\/4frp3<\/a>\r\n<a href=\"#_ftnref29\" name=\"_ftn29\"><sup>[29]<\/sup><\/a> Ibid. P.7\r\n<a href=\"#_ftnref30\" name=\"_ftn30\"><sup>[30]<\/sup><\/a> Ibid. P.17\r\n<a href=\"#_ftnref31\" name=\"_ftn31\"><sup>[31]<\/sup><\/a>To review the Arabic version of the law, amended by Decree-Law No. 15\/2014 and Decree-Law No. 24\/2014. <a href=\"https:\/\/urlzs.com\/JToAE\">https:\/\/urlzs.com\/JToAE<\/a>\u00a0 \u0650\r\n<a href=\"#_ftnref32\" name=\"_ftn32\"><sup>[32]<\/sup><\/a>\u00a0 <a href=\"https:\/\/www.egyptlaws.com\/product-page\/universities-law\">Unofficial English translation of the law published by The Middle East Library for Economic Services<\/a> as the translator couldn\u2019t have access to an official translation.\r\n<a href=\"#_ftnref33\" name=\"_ftn33\"><sup>[33]<\/sup><\/a> Ibid. P.72\r\n<a href=\"#_ftnref34\" name=\"_ftn34\"><sup>[34]<\/sup><\/a> Ibid. P.19\r\n<a href=\"#_ftnref35\" name=\"_ftn35\"><sup>[35]<\/sup><\/a> Ibid. P.5\r\n<a href=\"#_ftnref36\" name=\"_ftn36\"><sup>[36]<\/sup><\/a> According to Article (486) of the Egyptian Civil Code.<\/pre>\n","protected":false},"excerpt":{"rendered":"<p>Prepared by: Mahmoud Nagy, Researcher at the Association for Freedom of Thought and Expression (AFTE) Edited by: Mohamed Abdel Salam, Head of AFTE Research Unit View in PDF Contents Methodology Introduction First: The imposed restrictions on Faculty Members travel The administrative acts restricting the Faculty Members travel Cases of travel reject Second: The impacts of [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":17877,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_lmt_disableupdate":"yes","_lmt_disable":"","_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[970],"tags":[997],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v22.1 - 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