Professor Dr. Ahmed Fathi Sorour,
Speaker of the People's Assembly

Since I was entrusted by Egypt's great people with the honour of leading its march, I have taken it upon my self to spearhead the defenders and protectors of the constitution. I have been and will always remain keen on respecting it, in fulfillment of my oath to the people and their representatives. I have been continuously engrossed with its causes, taking into consideration the implications of the realties of the present and the impact of the future with its developments and potential.

That was the motivation behind my request to amend article 76 of the Constitution which I set out in my request on February 26, 2005 and the objective of which was to underscore the supremacy and authority of the Constitution, buttress the pillars of our republic, and create new opportunities for further constitutional reform. This amendment has led us to the beginning of a new phase wherein we will pursue these reforms guided by a vision, the principles and starting points of which are based on firm recognition of the prerequisites and requirements of this phase.

To this end, the issue of constitutional reform was a high priority in my presidential platform. Therein, I presented the broad lines of my vision for a series of constitutional amendments emanating from the principles of the current Constitution. These principles establish a clear-cut framework for a system based on the separation of powers and pluralism, that guarantees freedom of belief, expression and election, that re-enforces human rights, the rule of law, and the right of association and that guarantees freedom of press and media.

The vision that I proposed in my presidential platform is intended to achieve a greater balance of power between the branches of government, to enhance the rights of citizens and public freedoms, to strengthen the role of parties, to increase women's empowerment and to improve local administration. This will be achieved through a series of constitutional reforms that achieve the following objectives:

- Reorganize the relationship between both the legislative and executive branches in order to achieve greater balance between them and enhance the Parliamentary oversight.

- Enhance the role of the Council of Ministers; expand its competencies and the extent to which the Council participates with the President in the exercise of executive authority.

- Establish controls on the President's exercise of powers vested in the Presidency under the constitution when facing dangers that threaten the territorial integrity of the country or impede the state's institutions from performing their constitutional role.

- Guarantee the adoption of the ideal electoral system that improves opportunities for the representation of political parties in the legislature.

- Guarantee a minimum number of seats for women in the parliament through election.

- Develop the local administration system, enhance its executive and monitoring authorities and support decentralization in its operations.

- Guarantee the adoption of the new law for combating terrorism as a legislative alternative without the need to resort to the Emergency law.

- Enhance the independence of the judiciary through the dissolution of the Supreme Judicial Council, and the office of the Socialist Prosecutor General, and consequently the Court of Ethics.

- Achieve compatibility between constitutional provisions and existing economic conditions by providing the State with the freedom to choose its own economic policies which protect freedom of economic activity, private property, social justice and the rights of workers.

Based on my belief in the need to strengthen the institutional role of the People's Assembly and the Shura Council, I called upon the members of these councils to discuss the broad lines of the constitutional reform put forth in my presidential platform. Moreover, I welcomed the contributions of various political and civic groups and their comments and perspectives on my proposals. This was intended to ensure that their final form would realize the aspirations of the people, and protect the interest of the nation and her sons.

Out of my recognition of the necessity of enhancing the institutional role of the People's Assembly and Shura Council, I asked both houses in my statement on December 19, 2005 to make opinion poll for what was proposed in my platform about the constitutional reform features.

After having studied the two reports presented by the People's Assembly and Shura Council and all the opinions submitted by political parties and civil society, and in line with Article 189 of the Constitution which stipulates that the "President of the Republic and the People's Assembly have the right to request amendments to one or more articles of the constitution on the condition that such a request includes the articles to be amended and the rationale for their amendment", as such I request amendments to articles 1,4 and 5 (add a third paragraph), 12 (paragraph 1), 24,30,33,37 and 56 (paragraph 2), 59,62,73,74 and 76 (paragraphs 3 and 4) and 78 (add a second paragraph), 82 and 84 (paragraph1), 85 (paragraph 2), 88,94,115,118 (paragraph 1),127,133,136 (paragraph 1) and 138 (add a second paragraph), 141 and 161 (add a second paragraph, 173 and 179 (chapter 6) and 180 (paragraph 1), 194,195 and 205.

I have the pleasure to present to the people's deputies the reasons behind this request to amend these articles, along with the fundamental principles that I believe are necessary to achieve the objectives of these amendments.

First: Articles 1, 4, 12 (Paragraph 1), 24, 30, 33 37, 56 (Paragraph 2), and 59, 73 and 180 (Paragraph 1).

These amendments are intended to achieve compatibility between constitutional provisions and existing economic conditions and modern requirements. They are also intended to prevent the constitution from imposing on the society specific economic policies that are not open to be changed without amending articles of the constitution. This will prevent situations in which the surface meaning of these articles would require the application of a particular economic system that could be overtaken by developments over time.

As such it is necessary to request the repeal of Article 59, and a rewording of Article 1 in a manner that underscores the principle of citizenship as a substitute to a "union of the working classes".

Furthermore, in as much as the right to a healthy and protected environment is a public duty, I believe that the Constitution should underscore the importance of environmental protection and preservation. Moreover, because Article 59 which is proposed to be annulled is part of Chapter III of the Constitution on freedoms, rights, and public responsibilities, I propose that the chapter is to be replaced with the suggested text.

Second: Adding a Third Paragraph to Article 5

This amendment is intended to underscore the popular fundamentals of the Egyptian culture, including non-discrimination between citizens on the basis of religion, gender or origin and which was reaffirmed in Article 40 of the Constitution. As such, I am requesting the addition of a third paragraph to this article which would forbid any political activities or the establishment of any political party on the basis of religion, gender or origin. It is inappropriate that a state whose history is characterized by national unity and which boasts of the cohesion of its people should distribute benefits and permit political and national action on any basis other then citizenship exclusively and without discrimination on the basis of religion, gender or origin.

Third: Articles 62 and 94

The diversity of electoral systems around the world is the result of each state's pursuit of a system which is compatible with its political conditions and the status of its electorate and that is open to reform based upon changing circumstances. The current election law will not have these characteristics unless the Constitution is amended.

As such, and with a view to empowering the legislature to devise an electoral system which will permit the greatest representation of political parties in the People's Assembly and the Shura Council, and that will promote women's effective participation in political life and in both houses of parliament, I propose that Article 62 be amended to achieve these ends and permit the legislature to change the electoral system in the future in such a manner as would respond to developments in our society and its conditions. This is in addition to amending Article 94 in line with the amendment to article 62 and the electoral system to be chosen by the legislature.

Fourth: Article 74

The Constitution provides various safeguards regarding the exercise of authorities under Article 74 of the Constitution when national security is threatened and the institutions of the stare are unable to fulfill their constitutional roles. Nonetheless, I believe that further safeguards are required to govern the exercise of authorities granted under this article. This will be accomplished by stipulating that any threat to national unity or national security or to the ability of the institutions of the state to fulfill their constitutional roles, should constitute a clear and present danger. In such a case, speedy measure must be taken to confront these threats after consultation with the Prime Minister, the presidents of the People's Assembly and the Shura Council. Moreover, while the President exercises his authorities under this article, the People's Assembly shall not be dissolved in consideration of the seriousness of the situation that requires the application of these provisions and consequently consultation is required.

Fifth: Article 76 – Paragraphs 3 and 4

My intention when I requested an amendment to Article 76 of the constitution last year, was to revitalize our political life and strengthen pluralism and political parties, with a view to promoting strong and effective parties that would enrich our political experience. Based on similar objectives, I am requesting amendments to Paragraphs 3 and 4 of Article 76 that take into consideration the realities of these parties and their likely future, and their role as the foundation and engine of our political life. I believe this requires an easing of the permanent presidential candidacy conditions for political parties in such a manner that will preserve the seriousness of candidacy, while also giving parties appropriate opportunities to nominate candidates. As such, and in as much as political parties require a further time to meet the permanent conditions for presidential candidates, I believe that they should be permitted, during this period only, to nominate candidates under less demanding conditions.

Sixth: Addition of a new paragraph to Article 78

The addition of a paragraph to this article is intended to end debate over when a presidential term of office begins after the announcement of his election. This is meant to avoid the ambiguity which exists under the current text.

Seventh: Article 82, 84 the first paragraph and Article 85 the second paragraph.

Articles 82 and article 84 – paragraph 1, and article 85 paragraph 2 define who will assume the powers of the president when he is temporarily or permanently impaired or when he is impeached. These procedures may prove to be impractical in certain circumstances. Therefore, I am requesting an amendment to these articles which will permit the Prime Minister, in the absence of a Vice-President, to assume the powers of the president, with the exception of the right to dissolve the Council of Ministers or the People's Assembly or request an amendment to the Constitution. These powers should not be exercised during the exceptional circumstances addressed by these articles.

Eighth: Article 88

The credibility and efficacy of the electoral process is an issue of unanimous concern, and we are working to put into place safe guards that will: ensure the ability of the people to effectively express their political will and elect their representatives, permit the greatest number of voters to cast their ballots, and provide for neutral and independent supervision of the electoral process.

As such, I request an amendment to this article that will facilitate the management of the ongoing increase in the size of the electorate, and the concomitant increase in the number of polling stations. It should also provide for an effective system of electoral supervision which guarantees the integrity of the electoral process, and define the scope of supervision by members of the judicial authority over this process. This amendment should also ensure that elections can take place in one day, in order to avoid the problems associated with a drawn out election observed during past experiences.

Ninth: Articles 115, 118 (Paragraph 1)

Article 115 prohibits the People’s Assembly from introducing any changes to the General State Budget bill without the ascent of the Government. Based on the approached I have adopted strengthen the role of Parliament in the budget process, and providing the Assembly with the necessary competencies to do so, I am requesting a amendment to this article that will empower the People’s Assembly to amend the draft General State Budget, on the condition that these amendment include safe guards and procedures that will ensure that maintenance of the general balance of revenue and expenditures estimated by the Government.

Furthermore, in order to increase the time available to the People’s Assembly to debate the budget before the start of the financial year, the amendment should also include an increase in the time span allotted for the Assembly’s budget discussions which is currently 2 months.

Moreover, to serve the same purpose, I am requesting an amendment to Article 18 Paragraph 1 decreasing the time limit for the presentation of the Government’s final account that starts with the end of the financial year. Currently, this article grants the government 1 year to present its final account. This long period delays parliamentary oversight on the Government’s implementation of the State budget.

Tenth: Articles 127, 133, 136 paragraphs 1, 194, and 195:

In furtherance of the implementation of my electoral platform with regards to strengthening Parliament and increasing the efficacy of its legislative and supervisory role, I am requesting an amendments to articles 127,133, 136 Paragraph 1, 194, and 195.

The amendment to Article 127 is intended to ease the procedures for establishing or withdrawing confidence from the Prime Minister in order to increase the role of the People’s Assembly in this process without the need for a referendum. The amendment requested will require that the People’s Assembly pass a resolution of withdrawal of confidence to obligate the Government to offer its resignation. Furthermore, acceptance of the Government’s resignation and any further vote of confidence would be concluded during the same parliamentary session through procedures that will safe guard the balance of authority between the executive and legislative branches.

With regard to Article 122, the objective is strengthen the role of the People’s Assembly by giving it the right to give or refuse confidence in the Government selected by the President. This will be achieved by reacquiring the Prime Minister to present, shortly after the formation of the Government, the Government’s program to the People’s Assembly for approval or rejection. Furthermore, the article should provide constitutional rules regarding the consequences of the Assembly’s refusal of the Government’s program. Nonetheless, this amendment should not prevent the Prime Minister, Government Ministers or other Government officials from exercising their right to make statements and express opinions before the Assembly or any of its committees regarding issues within their competence.

Regarding Article 136 Paragraph 1, is intended give the right to the President to dissolve parliament without the need for a referendum. This right is in line with procedures related to dissolving the Shura Council which do not require a referendum and the new procedures suggested with relation to withdrawing confidence from the Prime Minister. Moreover, in order to ensure supremacy of the people’s right to choose their representatives, I believe that if the Assembly is dissolved for a particular reason, that self-same reason should not justify a later dissolution of the assembly.

With regards to Articles 194 and 195, the amendments are intended to give the Shoura Council legislative competencies. These two articles limit the Council’s role to non-binding advisory opinions on certain legislative issues. Actual practice has revealed the importance of the Council’s role in the legislative process, and consequently the need to entrench that role in the Constitution. As such, I am requesting amendments to these two articles that would grant the Council the right of ascent on certain issues that related to the competencies currently outlined for the Council in the constitution, while its opinion will be continue to be non-binding in regards to its remaining competencies. These amendments will also establish procedures for resolving any disagreements that might arise between the People’s Assembly and the Shura Council on in issues where the later will have right of ascent.

Eleventh: Adding a second paragraph to articles 138 and 141:

In furtherance of the implementation of my electoral platform with regards to strengthening the role of the Council of Ministers, I am requesting the addition of a second paragraph to Article 138. This new paragraph will expand the competencies of the Council beyond those defined in paragraph 1 concerning the Council’s joint role with the President in defining the general policies of the state and oversight of their implementation, and in addition to the further powers I referred to regarding the Prime Minister’s role in the President’s exercise of authority under Article 74. The effect of these amendments will be that the President’s exercise of his authorities under Articles 108,144,145,146,147,148, and 151 Paragraph 2 will be subject to the ascent of the Council of Minister’s in certain cases and consultation with the Council in others.

To achieve this goal I am requesting an amendment to Article 141 which will permit the Prime Minister to participate in the appointment and dismissal of deputy prime ministers, and government ministers and their deputies.

Twelfth: Adding a second paragraph to Article 161

This amendment is indented to enhance our system of local administration and strengthen its executive authorities with a view to achieving effective decentralization and granting localities a genuine role in the administration of their affairs.

Thirteenth: Article 173 and Chapter 6, Article 179

In order to enhance the independence of the Judicial Authority, I am requesting an amendment to Article 173 so as to constitutionally emphasize the independence of every judicial agency in the administration of its to own affairs. Furthermore, to deal with matters of common concern or that require coordination a council to be composed of the heads of judicial agencies, and chaired by the President would be formed and would bee substitute for the Supreme Council provided for in Article 173. To the same end, I request the annulling Chapter six and Article 179 included therein. This will dissolve the office of Socialist Prosecutor General. Accordingly, the Court of Ethics would be consequently cancelled. The competencies entrusted to both would be devolved to other judicial bodies after having fulfilled their role in protecting the national economy at an earlier phase that required their existence. Fourteenth: Adding provisions to the Constitution to protect the State from Terrorism

In order to establish a legal framework to combat and uproot terrorism, and to act as a legislative alternative to the state of emergency, requires constitutional provisions. These provisions should permit the legislature to enact special measures for combating terrorism in manner based on the accepted and common elements of terrorism legislation adopted by government around the world.

As such I am requesting an amendment to the title of Chapter 6 of the Constitution and new provisions to substitute the text of Article 179, which I had requested by stricken. These new provisions should prevent Articles 41 Paragraph1, 44, and 45 Paragraph 2 from limiting the legislature’s ability to pass legislation to confront the real and substantial threat of terrorism. Concomitantly any special legislation must also: provide for and underscore judicial oversight of over such measures; guarantee the ability to firmly confront the threat of terrorism; repel any aggression; respond to any unjustified infringement of human rights; and provide for swift judicial decisions in terrorism trials.

Fifteenth: Article 205

This article defines which provisions of the Constitution apply to the Shura Council and in light of the amendments that have been addressed, I am requesting an amendement o this article which will bring it in line with the aforementioned changes by adding Articles 62 and 88 Paragraph 2 to its text.

Having presented my requests for amendments to the Constitution and the rationale behind them, I am hopeful that they will strengthen of our constitutional framework, deepen our process of democratic development and support our democratic process.

There proposed amendments are the most wide-ranging since the promulgation of the Constitution of 917, and I sincerely hope that they will meet the legitimate aspirations of our people and drive the progress of our political life forward.

I enclose with this letter the text of my statement addressed to the nation this occasion this morning.

May God Protect Egypt and Her People, and May He grant his support and guidance. He is The Best Supporter and The Best Sustainer

Muhammad Hosni Mubartak
President of the Republic

Released by the Presidency of the Republic
Tuesday, December 26, 2006 AD (6 Zul Hija, 1427 AH)