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UPR@ankhfrance.org

As Egypt approaches its fourth cycle of the Universal Periodic Review (UPR) that reviews its human rights record before the United Nations, six Egyptian Queer human rights organizations and initiatives under the banner of Egyptian Queer Action Collective (EQAC) joined arms to submit a joint Shadow report to the Human Rights Council that outlines the grim human rights situation of LGBTQI+ individuals in Egypt. The report, regrettably, highlights the government’s continued failure to put an end to systemic violations against LGBTQI+ people despite previous cycles’ recommendations and human rights defenders’ relentless efforts.

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This is why we, the undersigned groups and organizations, join the Egyptian Queer Action Collective (EQAC) to call on the Egyptian government to put an end to its systemic targeting of Egyptian citizens based on their actual or perceived sexual orientation or gender identity. The government must cease its longstanding practices of forced anal examination and de-facto criminalization of homosexuality and ensure People Living with HIV, refugees, and LGBTQI+ people have adequate access to services and opportunities without discrimination.

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During the last Universal Periodic Review of Egypt in 2019, Egypt refused to acknowledge recommendations from some countries to improve the human rights situation for LGBTQI+ individuals. Egypt responded that it "does not recognize the terms" mentioned in these recommendations, referring to LGBTQI+ individuals. Although Egypt does not explicitly criminalize consensual same-sex relations among adults, Egyptian security forces continue to target and detain individuals for their perceived or actual gender identity and sexual orientation, as well as LGBTQI+ activists, using Law No. 10 of 1961. Egyptian authorities use digital platforms such as social media, dating sites, and mobile applications as traps to target individuals suspected of being LGBTQI+ and arrest them. Over the past five years, more than 130 arrests have been documented.

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For over 20 years, Egyptian authorities have routinely subjected individuals suspected of being homosexual or transgender to coercive forced anal or vaginal examinations, practices that amount to torture and sexual assault under international human rights law. These examinations, performed by forensic specialists, have no scientific basis and are used to obtain "evidence" of consensual same-sex activity despite independent experts confirming they are unreliable and discriminatory. These degrading practices cause significant physical and psychological harm and are considered cruel, inhuman, and degrading treatment. The Egyptian constitution prohibits torture and mandates that courts disregard any statements made under duress or threat of torture.

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The 2014 Constitution established a constitutional right to create a commission to combat discrimination to ensure the promotion of equality and combat discrimination against all members of society. Egypt has also signed the International Convention on the Elimination of All Forms of Racial Discrimination. However, the Egyptian government has not yet fulfilled its commitment to establish the commission or protect Egyptian minorities, such as racial minorities and LGBTQI+ people, from various forms of discrimination prevalent in Egyptian society. Discrimination manifests in various forms, including, but not limited to, language, behaviors, unequal treatment, harassment, exclusion, and denial of equal access to services and opportunities.

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For example, international treaties and agreements, including the 1948 Universal Declaration of Human Rights, as well as the Egyptian Constitution, recognize the right to health care as a fundamental right. As such, the Egyptian government has a duty to ensure that all its citizens and residents can access appropriate, affordable, and quality health care without discrimination. However, many struggle to access essential healthcare services in Egypt. In specific,  transgender individuals and those living with HIV face extraordinary challenges that prevent their access to adequate healthcare services. In 2020 and March 2024, there were documented shortages of HIV medication nationwide. The government also restricts access to health care services for transgender prisoners and those living with HIV, as well as refugees and migrants, especially those not registered with the United Nations High Commissioner for Refugees in Egypt. Some individuals have been documented as having contracted HIV during their detention, in addition to facing stigma and discrimination from healthcare workers and a lack of standardized ethical conduct rules and accountability mechanisms.

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We believe that human rights are universal and transcend borders and cultures, granted to all individuals as natural rights, not as cultural or geographical privileges. We believe in the necessity of improving the human rights record for all Egyptians. 

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This is why we, the undersigned organizations and EQAC, call on all partners, allies, and interested stakeholders to join us in our effort in Egypt’s fourth UPR cycle to call on the Egyptian government to:

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1. Immediately cease coercive anal examinations on any individual from the LGBTQI+ community and enact clear laws prohibiting these practices as a form of degrading treatment and torture.

2. Repeal ambiguous laws such as Law No. 10 of 1961 on combating prostitution and Article 157 of the Egyptian Penal Code, which are often used to target LGBTQI+ individuals.

3. End the targeting of LGBTQI+ people through coercive detentions, searches, and arbitrary arrests, as well as electronic surveillance practices through social media or dating apps.

4. Form a national committee of experienced medical and legal professionals to draft laws and procedures that ensure comprehensive and up-to-date health care for transgender individuals.

5. Enact labor laws ensuring fair employment opportunities for transgender individuals and prevent discriminatory practices against them.

6. Ensure that detained transgender individuals are held in conditions that minimize the risk of sexual and physical violence against them by other inmates and halt the use of solitary confinement as a precautionary measure.

7. Stop security and police agencies from harassing and sexually assaulting LGBTQI+ individuals in prisons and detention centers.

8. Abolish the requirement for approval from religious fatwas and churches for gender transition procedures, which should only be subject to scrutiny by specialized medical committees.

9. Ensure the establishment of at least one dedicated health unit for individuals living with HIV in each city in Egypt, and define efficiency standards and oversight for these units.

10. Stop discriminatory practices and harassment of people living with HIV, and ensure they are treated professionally in public and private health testing and treatment centers.

11. Guarantee that detainees and prisoners living with HIV receive all necessary treatments and health care