Illustration by Elisabeth van der Spek
Mostafa Fouad’s Struggle for Justice and Equality
Mostafa Fouad, an Egyptian human rights lawyer and advocate whose career has been shaped by an unwavering commitment to defending marginalised communities, notably the LGBTQIA+ community, began his legal career in civil and family law. But after witnessing the persistent harassment of LGBTQIA+ individuals in Egypt, he shifted focus. The discrimination he observed—and the absence of adequate legal protection—compelled him to defend those most vulnerable in court.
Following Egypt’s significant legal changes and societal evolutions in recent decades, reinforcing legal restrictions on civil society and individual freedoms, Mostafa Fouad’s career has been defined by systemic legal and institutional obstructions. Indeed, Egypt’s tightening laws and restrictions on civil society have made human rights advocacy increasingly dangerous, particularly for those representing LGBTQIA+ individuals. Legal constraints, combined with a broader social climate of intolerance, have turned courtrooms into contested spaces where justice is often out of reach.
LGBTQIA+ Rights in Egypt: Criminalised through Ambiguity
In Egypt, the legal status of LGBTQIA+ rights is characterised by a complex interplay between de jurelegal provisions (Sharia Law) and de facto enforcement mechanisms.
While contemporary Egyptian laws do not explicitly criminalise same-sex sexual acts, such rights are not protected either, leaving a significant legal gap. Courts have been known to employ various vague morality laws to effectively criminally sanction LGBTQIA+ identities and behaviours. Specifically, provisions such as Article 9(c) of Law No. 10 of 1961—prohibiting “debauchery”—and Article 178 of the Penal Code—restricting materials deemed contrary to public morals—are frequently used to arrest and prosecute individuals for suspected same-sex relations. These broad statutes allow police and courts to act based on interpretation rather than evidence or clear legal standards. As a result, legal outcomes often depend on interpretation rather than clearly defined legal parameters.
Authorities have also used these laws against artists, media figures, and writers who express support for LGBTQIA+ people. Citizen-led complaints further contribute to a climate where simply speaking out can result in criminal investigation. This pattern of enforcement illustrates how laws can be applied beyond individuals to restrict broader discussions on gender and sexuality, demonstrating how legal provisions serve to suppress public discourse and activism.
Given this legal conditions, human rights lawyers and LGBTQIA+ activists in Egypt operate under extreme pressure from the state, which maintains a hostile stance towards LGBTQIA+ rights.
The moral underpinnings of these legal measures are deeply entrenched in Egypt’s religious and conservative societal norms. The Egyptian Constitution upholds the principles of Sharia law, which informs various aspects of the nation’s legal system, including personal status laws, such as those governing marriage, divorce, inheritance, and family relations. Consequently, these overlapping legal influences shape the broader discourse on rights and freedoms in Egypt, fostering an environment where LGBTQIA+ individuals and their defenders remain vulnerable to legal persecution and societal marginalisation.
A Judiciary Under Pressure: The Erosion of Legal Independence and absence of fair trial guarantees for the LGBTQIA+ community
Mostafa Fouad describes the Egyptian judiciary as as highly influenced by state power. In politically sensitive cases, particularly those involving LGBTQIA+ defendants, decisions often follow instructions from the National Security Agency (NSA) rather than legal reasoning.
Furthermore, in cases involving LGBTQIA+ defendants, personal biases among judges frequently overrode principles of justice. Even when defence teams presented solid legal arguments, the judiciary’s decisions reflected the prevailing conservative stance of the regime rather than a commitment to fairness. Mostafa Fouad recounts a prosecutor admitting that although the legal defence was valid, the final ruling was dictated by orders “from above.” Mostafa Fouad claimed that “It is not about the law at all. It’s about the beliefs of the prosecutor, the police officer, and public opinion. You can win in court, but you’ve already lost in society’s eyes.” In his experience, “hope” for a fair and just trial in such cases is futile: the decision being either based on a direct order from the executive or from the morals and personal beliefs of the judge himself.
As a striking example of this judicial bias, in several cases, LGBTQIA+ defendants weren’t tried in regular courts, but in National Security Courts—typically reserved for serious threats to national stability. This framing reinforced the perception that LGBTQIA+ individuals posed a threat to public order. Further enhancing this bias, judges were reported to display clear bias against both defendants and their legal representatives, occasionally using dismissive and abusive language to undermine the credibility of the legal process.
Barriers from Within the Legal Profession
The challenge created by the judiciary does not however stop at the court room. In addition to systemic judicial bias, a broader gap in legal protections exacerbates the difficulties faced by lawyers defending LGBTQIA+ community. Protecting the rights of lawyers who work within the bounds of the law is essential for maintaining trust in the legal profession and reinforcing fair trial standards.
However, the Egyptian Bar Association further played an active role in obstructing human rights lawyers rather than protecting them and enabling them to carry out their activities. Mostafa Fouad recalls approaching the bar association for support after having been threatened, only to be met with hostility. Board members, many of whom reportedly acted as informants for the NSA, warned him that his work was a “direct challenge to the state”. He was summoned for questioning, where they attempted to pressure him into abandoning his defence work, threatening him with professional and legal consequences. The Bar Association eventually moved to strip his firm’s registration license, citing that their work “violated the moral and professional standards.”
The Institutionalisation of Judicial Repression
This institutionalised repression eventually culminated in a situation where it has become exceptionally difficult for any lawyer to take on LGBTQIA+ cases without this looming threat of severe, and often punitive, repercussions. Fellow lawyers sharing that whilst they agree to offer pre-trial advice to LGBTQIA+ individuals and help with the preparation of their case, they cannot accompany them to court because of the too grave repercussions this has on their safety and careers.
The legal profession in Egypt operates within a framework that ensures procedural regulations,including licensing requirements, adherence to codes of ethics, and oversight by bar associations. These regulations are designed to uphold the professionalism and independence of legal practitioners. However, the law also imposes certain restrictions on lawyers, such as the obligation to avoid actions that could be seen as “threatening public order”.
However, in practice, these procedural regulations are often inadequate in protecting lawyers from external pressures, and the risks involved in cases related to LGBTQIA+ community frequently outweigh the professional protections.
The Rainbow Flag Case: A Turning Point in Egypt’s LGBTQIA+ Repression
One case, in particular, marked a turning point in Mostafa Fouad’s career. Known as the “Rainbow Flag Case,” it followed a concert in Cairo where attendees raised a rainbow flag in support of a Lebanese singer who had recently come out.
The gesture was met with swift condemnation by the government and media. Dozens were arrested and charged under morality laws. Mostafa Fouad, who led the defence team, encountered immediate obstacles. On the day of arrest, they were denied access to their clients. When meetings were eventually permitted, they were brief and closely monitored by security officers.
For more than a week, detainees were held without access to lawyers, subjected to interrogations, and reportedly mistreated. Throughout the process, Mostafa Fouad felt the trial’s outcome had been pre-decided. Judges treated him and his team with hostility, discrediting them and occasionally using homophobic slurs and framing them as adversaries of public morals.
The experience wasn’t limited to the courtroom. Mostafa Fouad was vilified in national media and labelled “Egypt’s gay lawyer,” a term used to discredit him publicly. The threats and harassment continued well after the case ended, including from others within the legal community.
A Future Uncertain: Prospects for LGBTQ+ Rights in Egypt
Despite having been compelled to leave Egypt because of his work representing the LGBTQIA+ community, Mr. Fouad remains dedicated to advocating for LGBTQIA+ rights. Through his work with “Humena” for Human Rights and Civic Engagement, which he co-founded, Mr. Fouad he continues to provide legal aid and document human rights abuses against LGBTQIA+ individuals. However, he remains sceptical about the possibility of significant legal reforms in Egypt under the current legal framework, emphasising that meaningful change requires systemic reforms: “If we want to make a change in the legal system, we must first change the education system. Everything is connected.”
International pressure, he argues, remains one of the most viable tools for influencing the Egyptian government as of now. Reports highlighting the role of the judiciary in human rights violations serve as critical advocacy tools, pushing for diplomatic engagement and accountability.
Hope in Solidarity: A Lawyer’s Enduring Mission
Despite the immense challenges he has faced, Mostafa Fouad refuses to be silenced. He continues his advocacy: “representing them is like representing myself,” he says, reinforcing the power of solidarity in the fight for justice. Even after leaving Egypt, he continues this mission, working with legal aid networks to provide support for LGBTQIA+ individuals still facing persecution.
By sharing Mostafa Fouad’s story, Lawyers for Lawyers seeks to shed light on the immense struggles faced by human rights lawyers, specifically LGBTQIA+ defenders, in Egypt. The Access to Justice Campaign, launched on May 16, 2024, aims to raise awareness about the systemic barriers preventing fair trials and legal representation for LGBTQIA+ individuals advocates, and promoting the protection and recognition of lawyers’ crucial role in advancing LGBTQIA+ rights, while also advocating for those rights themselves. Mostafa Fouad’s journey is a testament to the resilience of those who challenge injustice within the courtroom, and a reminder that the fight for justice must continue.
