July 28, 2023

Van Hollen, Murphy, Colleagues Urge Biden Administration to Withhold Military Aid to Egypt Given Human Rights Concerns

U.S. Senator Chris Van Hollen (D-Md.) joined Senator Chris Murphy (D-Conn.) alongside their Senate colleagues in urging the Biden administration to withhold the $320 million of Foreign Military Financing (FMF) to Egypt that Congress made contingent upon specific human rights conditions in the FY22 Appropriations Act. In a letter to Secretary of State Antony Blinken, the senators lay out the Egyptian government’s failure to make meaningful progress in addressing human rights concerns and argue for the to withhold these funds, as required by law.

In addition to Senator Van Hollen, Senators Richard Blumenthal (D-Conn.), Sherrod Brown (D-Ohio), Dick Durbin (D-Ill.), Bernie Sanders (I-Vt.), Jeff Merkley (D-Ore.), Elizabeth Warren (D-Mass.), Tim Kaine (D-Va.), Tom Carper (D-Del.), and Ben Cardin (D-Md.) also signed the letter led by Senator Murphy.

The Senators detailed the Egyptian government’s failure to make progress on the conditions set by Congress: “Ahead of presidential elections scheduled next year, the Egyptian government has detained supporters and family members of a challenger who intends to run against President Abdel Fattah al-Sisi. The government has forced NGOs to register under a draconian law that prohibits any activities it deems political. The government has not only failed to investigate allegations of human rights abuses, it has also continued to commit “significant human rights” violations such as extrajudicial killings, enforced disappearance, torture and life-threating prison conditions, and severe restrictions on freedoms of expression, assembly, and association, as documented in the State Department’s latest human rights report.”

“Egypt continues to detain tens of thousands of political prisoners, including at least two United States legal permanent residents. Since President al-Sisi announced the formation of a national dialogue, the government has released approximately 1,000 prisoners through its Presidential Pardon Committee. But for each political prisoner who has been released, Egypt has detained three more. In addition, authorities have renewed the detention of nearly 5,000 political prisoners in that same time period. Incidents of Egyptian transnational repression have increased, including the targeting of American citizens, including surveillance, threats and harassment, and even extraterritorial arrests. For example, last year the U.S. Department of Justice arrested a New York man for acting as an agent of the Egyptian government and spying on “U.S.-based political opponents of al-Sisi’s regime,” the Senators added.

The Senators concluded: “The decision the administration will make as to whether to enforce the conditions set forth by Congress on holding Egypt accountable for progress on human rights is critical to advancing long-term U.S. interests in Egypt and American credibility on human rights globally. We urge the administration to withhold the full $320 million as called for by the FY22 Appropriations Act until Egypt’s human rights record improves.”

Full text of the letter is available here and below.

Dear Secretary Blinken,

The Fiscal Year (FY) 2022 State, Foreign Operations, and Related Programs appropriations bill directs the administration to withhold $320 million of Foreign Military Financing (FMF) to Egypt absent improvements on human rights. Over the last year, Egypt’s human rights record has continued to deteriorate, despite the Egyptian government’s claims to the contrary. Therefore, we urge you to withhold the full amount of $320 million.

Of that amount, $235 million is tied to “sustained and effective steps” by the Egyptian government to: 1) strengthen the rule of law, democratic institutions, and protect women and religious minorities; 2) protect fundamental freedoms, including the ability of NGOs and media to operate freely; 3) hold security forces accountable when they violate human rights; 4) investigate and prosecute cases of extrajudicial killings and forced disappearances; and 5) provide regular access to U.S. officials to areas where U.S. assistance is used.

Over the past year, the Egyptian government’s track record on these criteria has not improved. Ahead of presidential elections scheduled next year, the Egyptian government has detained supporters and family members of a challenger who intends to run against President Abdel Fattah al-Sisi. The government has forced NGOs to register under a draconian law that prohibits any activities it deems political. The government has not only failed to investigate allegations of human rights abuses, it has also continued to commit “significant human rights” violations such as extrajudicial killings, enforced disappearance, torture and life-threating prison conditions, and severe restrictions on freedoms of expression, assembly, and association, as documented in the State Department’s latest human rights report.

An additional $85 million of the FY22 FMF allocation is tied to the Egyptian government’s “clear and consistent progress” in releasing political prisoners, providing detainees with due process of law, and preventing the intimidation and harassment of American citizens.” Egypt continues to detain tens of thousands of political prisoners, including at least two United States legal permanent residents. Since President al-Sisi announced the formation of a national dialogue, the government has released approximately 1,000 prisoners through its Presidential Pardon Committee. But for each political prisoner who has been released, Egypt has detained three more. In addition, authorities have renewed the detention of nearly 5,000 political prisoners in that same time period. Incidents of Egyptian transnational repression have increased, including the targeting of American citizens, including surveillance, threats and harassment, and even extraterritorial arrests. For example, last year the U.S. Department of Justice arrested a New York man for acting as an agent of the Egyptian government and spying on “U.S.-based political opponents of al-Sisi’s regime.”

Egypt and the United States share mutual security concerns that merit the sustainment of our military-to-military relationship. These include efforts to bolster Egypt’s efforts to defeat extremist groups, including the Islamic State in Iraq and Syria (ISIS) in the Sinai, and to strengthen efforts to counter foreign terrorist fighters. We can continue to support these objectives while enforcing the law to withhold $320 million in military aid to Egypt due to a lack of necessary progress on human rights. As the administration’s decision to withhold a portion of Egypt’s $1.3 billion appropriation for each of the last two years demonstrates, the bilateral security relationship can be effectively sustained at a reduced level of assistance while upholding our values.

The decisions to withhold these funds the last two years have resulted in the Egyptian government taking some steps to address U.S. concerns. But the steps to date have been wholly inadequate and we must therefore continue to demonstrate our concern for Egypt’s long-term stability by again withholding these funds until the government takes sustained and effective steps to improve human rights, as U.S. law requires.

The decision the administration will make as to whether to enforce the conditions set forth by Congress on holding Egypt accountable for progress on human rights is critical to advancing long-term U.S. interests in Egypt and American credibility on human rights globally. We urge the administration to withhold the full $320 million as called for by the FY22 Appropriations Act until Egypt’s human rights record improves.

Sincerely,