An Arab Winter: Threats to the Right to Protest in Transitional Societies, Such as Post-Arab Spring Egypt

I. INTRODUCTION"O great people of Egypt, dear citizens standing here in the Revolution square, in freedom square, in Tahrir Square, in martyrs' square, and all citizens standing in all liberty squares across the homeland, Egypt, in villages, towns and cities, in all governorates of Egypt . . . . I came to talk to you today, because I believe that you are the source of power and legitimacy. . . . I say it with full force 'No authority is over or above this power'. You are the source of power. You are the owners of the will. You grant power to whomsoever you choose, and you withdraw power from whomsoever you choose."1- President Mohamed Morsi, Inaugural Speech in Tahrir Square, June 29, 2012The initial victory of the Arab Spring2 was entrenched within the people's right to protest.3 When the first round of masses came onto the streets, the world watched as millions living under the rule of authoritarianism were able to bring about monumental change through protests.4 Even in the murky and volatile post-Arab Spring world, the newfound right to protest remains at issue. In international law, the right to protest, or freedom of assembly as it is referred to in the legal context, is paramount for the legal rights of citizens within democratic societies. Article 21 of the International Covenant for Civil and Political Rights ("ICCPR") provides that "the right to peaceful assembly shall be recognized" barring certain enumerated restrictions.5Egypt presents an interesting case for article 21 of the ICCPR because the country recently began its democratic process.6 Since Egypt signed the ICCPR in 1981, it was not previously privy to a key element of article 21 of the ICCPR as "the focus of freedom of assembly is clearly on its democratic function in the process of forming, expressing and implementing political opinions."7 Therefore, it is clear that at least prior to the ouster of President Hosni Mubarak, and the decades of authoritarianism under his rule, Egypt did not qualify as a democracy in light of article 21's emphasis on freedom to assemble as an essential democratic function.8 However, democracy is a process rather than a definitive point.9 Egypt, along with a few other post-Arab Spring countries, has embarked on the democratic process, and the codified right to protest within the post-revolution 2012 Constitution has been a great victory in this regard.10Following the ratification of the 2012 Constitution, leaders have repeatedly violated their international obligation to ensure their citizens the right to protest. Egypt's first violation occurred when the Muslim Brotherhood-led parliament passed restrictive laws regarding the notification requirement prior to a protest.11 Egypt's second violation occurred during the military-led government's violent crackdown on pro-Morsi protests during and after the July 2013 turmoil that resulted in President Morsi's ouster.12As is unsurprising in post-revolutionary turmoil, Egypt's post- Arab Spring unrest resulted in a violation of international law, especially the legal right to freedom of assembly.13 However, there are two unique elements to an analysis of post-revolutionary events in Egypt. First, Egypt falls within a gap in international legal discourse such that it is unclear if it is bound by the ICCPR's right to freedom of assembly during its period of transition into democracy.14 Second, Egypt presents an inimitable case study in this neglected area of international law because Egypt's democratic transition was not brought on by war or civil conflict.15 Unlike other post-Arab Spring transitional countries such as Libya and Syria, Egypt's civil society-legal and government institutions-remain largely intact following the 2011 revolution.16 Therefore, there is a basis from which to evaluate both Egypt's domestic and international legal obligations to upholding its citizenry's right to protest.17Egypt violated article 21 of the ICCPR in two general instances. …