The People's Assembly's – PA – General Committee – GC, attended by more than two thirds of its members, Monday January 8, 2007, approved in principle the constitutional amendments proposed by President Hosni Mubarak on December 26, 2006 in accordance with Article 189 of the Constitution.

In its report, scheduled for discussion by the PA on January 15, the GC highlights the fact that once these amendments are adopted, legislative changes will be introduced to the laws on political rights, the Shura Council and the municipalities. A law will also be promulgated with the purpose of fighting terrorism. In addition, the powers and authorities of the Socialist Public Prosecutor will be transferred to the Attorney-General.

In the report, emphasis is placed on the concept of citizenship compared to that of the "Alliance of the Forces of the People" as representing the main pillar of the Constitutional reforms; nationality being the foundation of the Statehood by which a people is identified.

Constitutional referencing

according to Article 189 of the Constitution, The President of the Republic, as well as the People's Assembly, may request the amendment of one or more of the Constitution articles."

"The articles to be revised and the reasons justifying such amendment," however, "must be mentioned in the request for amendment."

"In case the request emanates from the People's Assembly, it should be signed by at least one third of the Assembly members."

"If the People's Assembly approves the principle of revision, the articles requested to be mended shall be discussed after two months from the date of the said approval."

"If the amendment is approved by two-thirds of the members of the Assembly, it must be referred to the people for a plebiscite."

"If the request is rejected, the amendment of the same particular articles may not be requested again before the expiration of one year from the date of such rejection."

Parliamentary Procedural Rulings

The PA Speaker, having received President Hosni Mubarak's letter requesting amendments to the Constitution, held a plenary session, in which he explained the President's request before referring it to the General Committee GC.

According to the PA's Procedural Rulings, the GC drafts a report, within 15 days of referral date, on the amendments. In it, it makes it clear whether or not the terms and conditions of Article 189 of the Constitution are fully adhered to. The GC may accept or reject the amendments in principle. In case it accepts, it may draft an abstract of the proposed amendments and/or of the articles to be introduced.

The draft report is, subsequently, read out to the GC at a meeting attended by a quorum of at least two thirds of its members before submitting it to the PA. It is also essential that the draft report, having been discussed, be endorsed by the majority of GC members.

The GC's draft report is then printed out and distributed to all members of the PA, seven days before it is scheduled for discussion.

The GC draft report accepting or rejecting the amendments in principle is read out at a plenary session of the PA at which members' vote is taken by roll-call. The President is briefed on the results and the justifications of the vote, whether in favor or against.

Having accepted the amendments in principle by a majority, the PA then refers the GC draft report to the Committee on Constitutional and Legislative Affairs - CCLA - for a report on its findings accompanied by a draft of the proposed amendments within two months of referral date.

The CCLA draft is read out at a public meeting attended by a quorum of at least two thirds of its members, at which the draft is approved by the majority before submitting it for discussion at the PA.

A plenary session of the PA is then scheduled within 15 days. The CCLA report is read out at the PA, where it is discussed and where members' vote is taken by roll-call.
The amendments are adopted by a majority of two thirds.

Reasons Justifying the Amendments

President Mubarak's vision expressed in his presidential platform is intended to achieve a greater balance of power between State authorities, to enhance the rights of citizens and public freedoms, to strengthen the role of parties, to further women's empowerment and to improve the municipalities. This can be ensured through a series of constitutional reforms that achieve the following objectives:

- To reorganize the relationship between both the Legislative and the Executive in order to achieve greater balance between and enhance the Parliamentary oversight.
- To 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 the Executive Authority.
- To 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.
- To guarantee the adoption of the ideal electoral system that improves opportunities for the representation of political parties in the legislature.
- To guarantee a minimum number of seats for women in the Parliament through election.
- To develop the system of managing the Municipalities, to enhance its Executive, monitoring authorities and to support decentralization in its operations.
- To guarantee the adoption of the new law for combating terrorism as a legislative alternative without the need to resort to the Emergency law.
- To 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.
- To achieve compatibility between Constitutional provisions and the 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.

Following are the reasons why the President deems it necessary to amend these articles:

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 the 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 apparent of these articles would require the application of a particular economic system that could be overtaken 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, the President believes 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, the President proposes the chapter be replaced with the proposed 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, race or ethnicity and which was reaffirmed in Article 40 of the Constitution. As such, the President requests the addition of a third paragraph to this article which proscribes any political activities or the establishment of political parties based on religion, race or ethnicity.
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.

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 in both houses of parliament, the President proposes 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 state are unable to fulfill their constitutional roles. Nonetheless, the President believes 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 speakers 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
The President's intention for amending 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, the President requests 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.
The President believes 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, the President believes 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, the President requests 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 plain safeguards 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.
Therefore, the President requests 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 consent of the Government.
Based on the afore-mentioned the President has adopted strengthening the role of Parliament in the Budget process, and providing the Assembly with the necessary competencies to do so. The President requests an amendment to this article that will empower the People’s Assembly to amend the draft General State Budget, on condition that these amendments include safeguards and procedures that will ensure the maintenance of the general balance of revenues and expenditures as 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, the President requests 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 the 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 his electoral platform with regards to strengthening the Parliament and increasing the efficacy of its legislative and supervisory role, the President requests 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, the acceptance of the Government’s resignation and any further vote of confidence would be concluded during the same parliamentary session through procedures that will safeguard the balance of authority between the Executive and Legislative authorities. With regard to Article 122, the objective is to 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 the 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 the 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 the supremacy of the People’s right to choose their representatives, the President believes 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 Shura 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. Therefore, the President requests amendments to these two articles that would grant the Council the right of consent on certain issues related to the competencies currently outlined for the Council in the Constitution, while its opinion will be continue to be non-binding as regards 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 issues where the latter will have right of consent.

Eleventh: Adding a second paragraph to articles 138 and 141:
In furtherance of the implementation of the President's electoral platform with regards to strengthening the role of the Council of Ministers, the President requests 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 the President 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 consent of the Council of Ministers in certain cases and consultation with the Council in others.
To achieve this goal the President requests 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.