- By Josh Rogin
Fifteen foreign NGO workers were allowed to leave Egypt Thursday in what U.S. officials said was a positive step toward the resolution of a simmering crisis. But all sides warn that the crisis is still far from being resolved.
The Egyptian government removed the travel ban on foreign employees of several Cairo-based NGOs that were raided last December, allowing 8 Americans, 3 Serbs, 2 Germans, 1 Norwegian, and 1 Palestinian to speed to the Cairo airport and fly out Thursday. The Americans include Sam LaHood, director of the International Republican Institute and son of Transportation Secretary Ray Lahood. Other American- funded NGOs — including the National Democratic Institute and Freedom House — have been harassed and had their staffs charged with crimes. Several Egyptian NGOs have also been targeted.
"We are very pleased that the Egyptian courts have now lifted the travel ban on our NGO employees. The U.S. government has provided a plane to facilitate their departure and they have left the country. They are currently en route home," State Department spokeswoman Victoria Nuland said Thursday.
But she indicated that the United States and Egypt still have some differences to iron out.
"The departure of our people doesn’t resolve the legal case or the larger issues concerning the NGOs," Nuland said. "We remain deeply concerned about the prosecution of NGOs in Egypt and the ultimate outcome of the legal process, and we will keep working with the Egyptian government on these issues."
Behind the scenes, the administration and several unlikely allies in Congress have been scrambling in recent days to urge the Egyptian government to produce some tangible progress on the issue before the Americans were dragged into Egyptian courts for trial and before the U.S. Congress moved to cut off Egypt’s $1.5 billion in annual U.S. aid, $1.3 billion of which goes to the Egyptian military.
According to officials and staffers close to the issue, the bulk of the credit for the progress thus far goes to the administration and first of all Ambassador to Egypt Anne Patterson, who has been working furiously to resolved the crisis in Cairo. Other key officials involved were Brooke Anderson, the National Security Council chief of staff, who was the White House point person on the issue, and Deputy Secretary of State Bill Burns. The Justice Department and State Department Counselor Harold Koh have also been heavily involved, and Joint Chiefs Chairman Gen. Martin Dempsey visited Cairo earlier this month and discussed the issue at length.
Secretary of State Hillary Clinton met twice with Egyptian Foreign Minister Mohamed Amr on the issue last weekend, once on the sidelines of the Somalia conference in London and once on the sidelines of the Friends of Syria conference in Tunis. The State Department also sent a delegation of lawyers to Tunis, an official said on background basis.
According to sources close to the negotiations, in the end the key Egyptian figures who facilitated the deal to were Field Marshal Mohamed Hussein Tantawi and Justice Minister Mohamed Abdel Aziz Ibrahim. In fact, U.S. officials believed they finalized the outlines of a deal with those two leaders last week, whereby the judge presiding over the NGO trials would lift the travel ban when the trials opened on Feb. 26.
When the time came, that presiding judge refused to follow through, according to sources, and Ibrahim stepped in to remove him from the case, effectively placing Ibrahim himself in charge of the decision. Ibrahim then lifted the travel ban. The U.S. side agreed to pay $5 million in "bail" money as part of the arrangement.
Two Republican senators who rarely have any nice words about the administration’s foreign policy, Sens. John McCain (R-AZ) and Lindsey Graham (R-SC), also pitched in. They traveled to Cairo last weekend with Sens. Richard Blumenthal (D-CT) and John Hoeven (R-ND) and met with a series of Egyptian interlocutors, including Tantawi and representatives of Egypt’s Freedom and Justice Party (FJP), the political arm of the Muslim Brotherhood.
The FJP, which holds the largest share of seats in the Egyptian Parliament, issued a public statement on the heels of the McCain-Graham visit, which said the party was unhappy with the current NGO law in Egypt, a relic of the Mubarak era. The FJP statement acknowledged that the foreign NGO workers had played a constructive role in Egypt over the years and described the prosecutions of the NGO workers as "politically motivated."
In a statement Thursday, the four U.S. senators acknowledged the Muslim Brotherhood’s cooperation. "We are encouraged by the constructive role played over the past week by the Muslim Brotherhood and its political party, the Freedom and Justice Party (FJP). Their statement of February 20 was important in helping to resolve the recent crisis," the senators said.
The American lawmakers had help from the Senate floor, where McCain and Graham were working hard this week to prevent a vote on an amendment by Sen. Rand Paul (R-KY) that would have cut off all U.S. aid to Egypt immediately. McCain and Graham successfully prevented the amendment from reaching the Senate floor, but were unsure how long they could continue to do so before affecting other Senate business. This created a sense of urgency that was communicated directly to the Egyptians.
David Kramer, president of Freedom House, said in an interview today that the FJP statement was important because it allowed the SCAF and elements of Egypt’s civilian government to lift the travel ban without fearing a domestic political backlash.
"It provided political cover to the authorities that if they took the step they took today, the Muslim Brotherhood wouldn’t attack them in the press," he said.
But Kramer emphasized that the government’s persecution of NGOs is ongoing. The cases against the Americans haven’t been dismissed, and the SCAF has failed to provide an open and transparent system for domestic civil society to operate.
"No Egyptians got on a plane today, just the foreigners," Kramer noted. Several Egyptian Freedom House staffers are still charged with crimes. "This is a very important first step, but there are many steps along the way here. We have to get the investigations closed down. We have to be allowed to reopen and engage in our activities, like we were doing before. The pressure needs to be maintained."
"Today’s action helps take away one element of tension. It wasn’t helpful to have the focus be on Americans imprisoned in Egypt," said Tom Malinowski, the Washington director for Human Rights Watch. "That was taking the focus away from the real problem, which is the Egyptian government’s assault on its own civil society."
The threat of a cutoff of U.S. aid to Egypt still remains, Malinowski noted. That prospect was always based on the most recent U.S. appropriations bill, which requires Secretary Clinton to certify that Egypt is making progress on, among other things, protecting freedom of association and moving toward true democracy.
"This is not enough for Hillary Clinton to certify progress under that law, although it might make it easier for her to use her national security waiver," Malinowski argued. A decision by Clinton could be put off until April, he added.
But the crisis has at least suggested that Congress and the Islamists in the new Egyptian legislature can work together, despite their differences in outlook.
"The Muslim Brotherhood will be the leading organization politically. It is up to them to create an environment where the world feels welcome," Graham said on the Senate floor Thursday afternoon. "Maybe we’ve learned our lesson, that you can’t just have partnerships without basic principles. And so, we look forward to working with the Egyptian parliament and people."