Egypt is today caught up in a dilemma that involves two pivotal issues in its democratic transition. The first is drafting a new constitution, and the second is the election of a president. Both issues dominate the political scene and await resolution.
Egypt is today caught up in a dilemma that involves two pivotal issues in its democratic transition. The first is drafting a new constitution, and the second is the election of a president. Both issues dominate the political scene and await resolution.
The new constitution remains suspended until the formation of a constituent assembly to draft it. The assembly panel should represent all sectors of the community—on both the public and institutional levels—and should be from outside Parliament which, predictably, is representative of the majority. It should draft a constitution capable of placing Egypt on the path of progress and modernity; one that secures equality and full citizenship rights and freedom to future generations of Egyptians.
The election of a new president faces a number of impediments. The Supreme Committee for the Presidential Election (SCPE) has disqualified 10 candidates who did not meet the required candidacy conditions, and the fate of the other candidates remains obscure until a resolution is reached concerning the Disenfranchisement Law which was recently passed by Parliament. The Supreme Constitutional Court (SCC) rejected the Military Council’s request to determine the constitutionality of the Disenfranchisement Law since, according to Judge Tahani al-Gibali who is deputy head of the SCC, the court’s task is only confined to determining the constitutionality of already-enacted laws not bills. Last week the Military Council authenticated the Disenfranchisement Law; this practically excludes Ahmed Shafiq, who was the last Prime Minister under the Mubarak regime.
As we move closer to 30 June, the date previously announced by the Military Council to hand over power to civilians, the process of democratic transition appears to be in limbo. With no opening in sight for the debilitating tug-of-war between the various political groups on Egyptian field, the only tangible ‘achievement’ appears to be the escalating conflict, protests and sit ins which; while in flagrant violation to the law, judiciary, and State dignity; are the epitome of political terrorism. The question which now begs an answer is: when will the mad feuding end and we can go back to the right path?
Until this happens, I remain worried about the constitution and the president. The recent turn in events has banned Islamists and streams with agendas alien to Egyptian culture from hijacking the constitution or presidential elections to their benefit. Egyptians proved they are wide awake to the risk, and are prepared to take to the streets time and again in order to protect their revolution and put it back on track.
I believe it is time to form a balanced constituent assembly, the backbone of which should be constitutional scholars and law experts—those who are the most capable of drafting a constitution. All sectors of the community should be represented in the constituent assembly, to benefit from their vision and ensure that their rights are fairly expressed in the constitution. I cannot sufficiently stress the importance of using as guidelines the constitutional principles stipulated in the documents issued by both al-Azhar and the Democratic Coalition for Egypt while drafting the constitution, in addition to efforts along the same line created by other national groups during the last three months.
As for the presidential elections, and regardless of the final list of candidates who will qualify, I hope at least one would possess a mature, responsible attitude and would focus on representing all Egyptians. He should work on an agenda that attempts to resolve the dire situation Egypt is today in, rather than busy himself with attempting to disqualify other candidates. Such measures would constitute a definitive criterion voters would look for as they head to the ballot box.
There remains, however, another serious issue which cannot be overlooked: the attempts to aggregate votes through electoral deals between different candidates or political groups. Even though the practice is endorsed by some and rejected by others—some see it as hijacking voters’ will while others find it essential if fragmentation of the vote is to be avoided—it is a legitimate electoral tool.
I feel sure the coming few weeks will witness vigorous efforts to polarise the vote. We should therefore be sufficiently vigilant to freely make up our minds when the election clock ticks. I hope that all the effort should eventually score for the benefit of Egypt.
WATANI International
29 April 2012