This week should see the conclusion of the presidential race in Egypt. No matter who the polls bring to the presidency, the president should work for the good of Egypt and
This week should see the conclusion of the presidential race in Egypt. No matter who the polls bring to the presidency, the president should work for the good of Egypt and all Egyptians. Egyptians should accept him and work with him to achieve the crucial, historic mission of leading the country from revolution to stability. It is vital for the president to realise that Egyptians will take him to rigorous account regarding his electoral promises, and will have their eyes wide open to any attempt to abuse power or to go back on his promises. Any such move by the president is sure to hurl Egypt into a state of unrest.
Even more important than regaining the lost security on Egyptian streets and getting the wheels of the economy rolling again, is the drafting of a new constitution. This constitution should have already been written and approved by the people, for the president to take the oath with his hand placed on it. The writing of a constitution that would gain the consensus of Egyptians, however, was hindered by the Islamist-majority parliament which has—unsuccessfully, so far—attempted to monopolise the process. Today, the constituent assembly tasked with drafting the constitution is on its way to undertake the task.
It is no secret that there is widespread anxiety about the new constitution, specifically on whether it would establish Egypt as a civil, democratic, modern State, or an Islamist one. Last week, I tackled the proposed Islamic constitution; its articles work to found an Islamic State where citizens are categorised according to their religion. Today I introduce a draft for a civil, democratic, modern State constitution, drawn by leaders of the leftist, liberal Tagammu party. The draft is based on the 1954 Egyptian constitution draft; with revisions based on the 1923, 1956, and 1971 constitutions; in addition to the declaration “A Papyrus” for a draft constitution drafted by 27 Egyptian human rights organisations earlier this year. Excerpts of that draft constitution read as follows:
Chapter 1
• Article 1: Egypt is a unified, democratic, sovereign State. Its system is republican parliamentarian; and is founded upon citizenship, the principle from which public rights and duties are derived. The State protects public and private freedoms; is based on independent, democratic institutions; and achieves balance among authorities.
Chapter 2: Public rights and duties
• Article 3: Egyptians are equal before the law; they are equal in public rights and duties regardless of ethnicity, gender, language, religion, creed, or political or social views.
• Article 4: The State ensures freedom, reassurance, and equal opportunity for all citizens.
• Article 5: The political system in the Arab Republic of Egypt is based on the freedom to form political parties by notification, and the guarantee of partisan plurality. No party may be founded in principle, platform, practice, performance, name, or motto on the basis of religion, faction, geography, or religious reference point; or on division among citizens according to gender, ethnicity, colour, religion, or creed.
• Article 6: Military service is a duty to be observed by all citizens, and is regulated by the law.
• Article 11: Freedom of belief is absolute. The State defends the freedom to perform the rites of religions and creeds as is customary in the land of Egypt, provided this does not disrupt public order or counter decency.
• Article 16: Nothing constitutes a crime and no penalty is meted except as decreed by the law. Penalties may only be meted subsequent to the passage of the relevant laws.
• Article 20: No one may be tried except before normal courts. Trials before extraordinary or special courts are banned. No civilian may be tried before a military court.
• Article 25: Freedom of opinion, research, literary and artistic creativity is guaranteed. Every individual has the right to express his opinion and publish it in speech, writing, images, broadcast, and any other means. No one may be held guilty for his opinions except in certain cases specified by the law.
• Article 28: Education is a right for all Egyptians, guaranteed by the State. It is compulsory for the primary and preparatory stages, and is free in State public schools. The State ensures the independence of universities and research centres.
• Article 30: Sovereignty derives exclusively from the people, and the people are the source of powers. The political system is based on respect for human rights on the civil, political, economic, and cultural levels, according to international charters, treaties, pledges, and protocols. The State system is based on the separation of the three authorities: the legislative, executive, and judiciary. The representative council passes legislation and monitors the executive authority. The constitution confirms and defends the concept of plurality as an inherent human characteristic and essential value, and does not allow any majority in any way to suppress any minority, be it intellectual, religious, sectarian, ethnic, artistic, literary, or philosophical minority. The constitution bans any form of discrimination, division, or incitement of religious, racial, or sectarian hatred.
• Article 41: Work is a right which the State should provide for all able citizens, and which should be available according to fair, equal opportunity, by law. No individual may be wronged in his work because of his origin, opinion, or creed.
• Article 47: Social justice is the basis of taxation and other public financial expenses. The poorer classes are exempted of taxation upto the minimum cost of living, according to the law.
• Article 49: The family is the basis of the community, and is founded on religion and national ethics. The law supports the family, and protects motherhood and childhood; and provides the necessary facilities for that.
Chapter 3: Authorities
The People’s Assembly:
• Article 51: The People’s Assembly is formed of a minimum of 350 members elected by public, direct, secret ballot. The election law specifies the constituencies.
• Article 53: The people’s assembly sits for a five-year term since its first session. Public elections for the new assembly are held 60 days prior to the end of its term.
The president
• Article 80: The president is the head of State. He performs his competences as decreed by the constitution.
• Article 81: The president is elected by direct, secret ballot in multi-candidate elections under full supervision by the supreme elections committee and the judiciary. A candidate for the presidency must be Egyptian, born to Egyptian parents, not married to a foreigner, and should have performed the military service or was legally exempted of it. He should win the nomination of a number of voters from various governorates as specified by the law. The term of the presidency is five years from the date of inauguration. A president may be re-elected for one successive term.
• Article 87: The president may pass laws and possesses the right to take exception to them if they violate the constitution.
The cabinet
• Article 101: The cabinet is in charge of the executive authority and dominates State interests. The Prime Minster directs the general policy of the cabinet.
• Article 102: Only an Egyptian may be minister.
The judicial authority
• Article 111: Judges are independent; the law constitutes the single authority over them in their judgement. No authority whatsoever is authorised to interfere in judicial cases or in the course of justice.
• Article 114: Judgement is issued in the name of the nation.
Local government authorities
• Article 124: The Arab Republic of Egypt is divided into local units among which are the governorates, towns, and villages; each is a corporate body.
• Article 125: Citizens in urban and rural communities possess the right to local government. They practise local government through referenda and people’s council elections as decreed by the law.
• Article 127: A governor is elected for every governorate through direct balloting. His authorities are specified by the law, and he is responsible before the local people’s council as decreed by the law.
Fiscal affairs
• Article 139: The establishment of public taxation, its amendment or annulment is only by law. No one is exempt from paying taxes except in cases specified by law. No one may be charged with paying other taxes or fees except within the confines of the law.
The national council for human rights:
• Article 167: A national council for human rights is established. The law determines its system and competences. It looks into law proposals for the application of international declarations, pledges, and treaties for human rights of which Egypt is signatory; as well as other pertinent bills. It receives and investigates complaints relevant to human rights.
The armed forces
• Article 168: The State alone establishes the armed forces; no authority or group may form military or quasi-military militias.
• Article 174: A national defence council is established, headed by the president. The law defines the council’s system and competences. The council is consulted in all defence measures, and the declaration of war and peacemaking agreements.
General rules
• Article 184: Islam is the religion of the majority of Egyptians; Arabic is the official language of the State; heavenly laws and the higher values of religions are a major source for legislation. The constitution ensures the diversification of sources of legislation inasmuch as this reflects the diverse tributaries of the national identity and works to reinforce national unity. No legislation which contradicts citizens’ beliefs may be imposed to regulate their private lives, or to govern the public and private domains in a manner that contradicts guarantees to human rights or public freedoms.
Between the draft Islamic constitution printed in this spot last week and the draft for a civil, democratic, modern State printed above; readers are in good position to draw their own comparison and conclusions. The coming months should see some vociferous controversy and conflict between the supporters of each; upon this conflict hinges the future of Egypt.
WATANI International
17 June 2012