Political Reform in Egypt

Egypt has been a scene of a series of landmark steps to introduce political reforms for promoting democracy in Egypt and paving the way for a new phase of political work going in line with the economic, social and cultural developments in Egypt and world approach on democracy, freedoms and human rights.

Multi-candidate presidential elections:
In his speech on Feb. 26, 2005, President Hosni Mubarak demanded the amendment of Article 76 of the Constitution to allow for multi-candidate presidential elections in Egypt.

Mubarak's initiative for amending Article 76 of the Constitution has also been associated with a number of guarantees to serve the democratic development in Egypt.

-Electing the President by the Egyptian voters through contested polls.

-Providing guarantees to allow more than one candidate to run for the presidential post and be elected by the Egyptian voters.

- The presidential candidate should secure the support of MPs and members of the local councils, a step meant for guaranteeing seriousness of those willing to run for the post.

-Allowing political parties to field one of its leaders to run for the presidential post in accordance with the set regulations.

-Establishing a higher commission to supervise the presidential elections. The commission should group a number of the heads of judicial bodies and public figures.

-Holding the presidential elections in one day for guaranteeing stability.

-Setting necessary regulations to guarantee a judicial supervision on the presidential polls.

2-President Mubarak has also unveiled a 10-point program for national work:

-Citizenship for equal rights and duties for all Egyptians .

-Respect for basic rights of all citizens.

-Enhancing supremacy of law and rendering justice for all citizens.

-Promoting mutual confidence between the State and the citizens and enhancing efficiency of the administrative machinery to guarantee better services for the citizens.

-Providing necessary technological means for a successful human investment.

-Supporting the role of parties and civil society institutions to serve the process of democracy and people's participation.

-Achieving economic growth and maintaining the social balance and responsibility of the State for supporting the low-income brackets.

-Encouraging the spirit of initiative and enhancing scientific capabilities of the Egyptian people and institutions.

-Enhancing productivity and quality control standards to promote competitiveness of Egyptian society.

-Boosting ties between Egypt and world countries to serve the Egyptian interests.

Amendment of the Constitution:
Complying with President Mubarak's call for allowing multi-candidate presidential elections, the People's Assembly introduced an amendments to Article 76 of the Constitution. The amendment was approved by the Egyptian people in referendum on May 25, 12005.

Under the new amendments, election of the President should be conducted under the following regulations:

-The President shall be elected via contested polls.

-Presidential candidates shall secure the support of 250 MPs, of whom are at least 65 members of the People's Assembly, 25 of the Shura Council, 10 members of the local councils in at least 14 governorates.

-Parties having at least 5% of seats in the People's Assembly and the Shura Council are allowed to field candidates for the presidential elections.
Excluding the above-mentioned article, parties can field a candidate for the 2005 presidential elections.

-A presidential election commission shall be established to supervise the elections and declare the results. The commission shall group the head of the Supreme Constitutional Court as chairman and the head of the Appeal Court, the most senior deputy head of the Supreme Constitutional Court, the Cassation Court, the State Council and five public figures as members.

Presidential Elections Law:
Law No. 174 for the year 2005 On regulating the Presidential Elections was issued on July 2, 2005 after introducing a number of amendments to its provisions by the People's Assembly at the request of the Supreme Constitutional Court.
The law tackles the presidential elections, election campaigns and other election-related issues in accordance with the amendment of Article 76 of the Constitution on allowing multi-candidate presidential elections.
The law stipulated that the election campaign shall run from the beginning three weeks prior to the date set for balloting, up to two days before this date.

On the election propaganda, the law stipulated that the candidate shall observe the following:
1. refraining from exposing the sanctity of the private life of any candidate;
2. commitment to maintain national unity and abstention from using religious slogans;
3. refraining from using or threatening to use violence;
4. prohibition of offering gifts, donations, assistance in cash or in kind or any other benefits or promising to offer them, directly or indirectly;
5. prohibition of using State-owned, public- sector or public-business- sector owned buildings, facilities and means of transportation in the election propaganda in any form;
6. prohibition of using public utilities, place of worship, schools, universities and others public or private educational institutions for the election propaganda purposes

The law also stipulated that the maximum expenditure by each candidate on the election campaign shall be LE 10 million.
It also said that each presidential candidate shall obtain a financial aid from the state equivalent to 5 % of the minimum funds allowed to be expended in the election campaign.
It further stated that each candidate may receive contribution in cash or in-kind from Egyptian nationals or from the party nominating him, provided that contributions from any natural person shall not exceed 2 % of the maximum expenditure allowed on the election campaign.
The law also stipulated that the Central Audit Agency shall audit the election campaign accounts of candidates.

Amendment of Law regulating practice of political rights:
Law No. 173 of 2005 amending some provisions of Law No.73 of 1956 regulating the practice of political rights tackled the following:
The establishment of a Higher Elections Commission under the chairmanship of the Minister of Justice and the membership of:
- Three serving members of the Judiciary ranked deputy heads of the Court of Cassation or equivalent.
- Six public figures not affiliated with any political parties, with at least three being former members of the Judiciary, who shall be selected by the People's Assembly and the Shura Council.
The law stipulated the competences of the Commission as follows:
1- set out rules for compiling election rosters; their contents and method of their revision, screening and updating;
2- suggest rules of determining electoral constituencies;
3- develop general rules for regulating election campaigns;
4- contribute to awareness and orientation efforts pertaining to elections and draw up guidelines for the electoral process;
5- monitor compliance with the codes of ethics related to elections;
6- declare the general result of elections and referendums;
7- give opinion on the draft laws related to elections.
On the voting process, the law stipulated that every voter shall dip his finger in an ink removable only at least 24 hours after balloting and shall put his signature or his finger print on the voters roster."
The law also stipulated penalties for using violence against the head or any member of the election commission, with the intention of preventing him from performing his assigned duty or forcing him to do so in a special way, and any other practices that affect the election process.
The law also stipulated that any person, whose name is listed on the election rosters, who fails without excuse to cast his vote in the election or referendum, shall be penalized with a fine not exceeding L.E 100.

Amendment of the People's Assembly Law:
Law No. 175 of 2005 amending some provisions of Law No. 38 of 1972 on the People's Assembly. The amendments meant for two issues:
-Amending the People's Assembly Law to enhance the democratic practice of the citizens to guarantee full freedom of expression for the citizens and re-regulate the election propaganda to guarantee the fairness of elections.

-Reviewing a number of provisions of the People's Assembly Law which the practical application proved its failure.

The amendments of the People's Assembly Law incorporated the following:

In the election propaganda, compliance shall be observed with the provisions of the Constitution, the law, as well as the following rules:

1. refraining from exposing sanctity of the private life of any candidate;
2. commitment to maintain national unity and abstention from using religious slogans;
3. refraining from using or threatening to use violence;
4. prohibition of offering gifts, or promising to offer directly or indirectly donations, aid in cash or in kind or any other benefits .
5. prohibition of using State-owned, public sector or public-business- sector- owned buildings, facilities and means of transportation in the election propaganda in any form;
6- prohibition of receiving funds from abroad, from any foreign person or any foreign or international body or its representative in the country for spending on election propaganda or for payment to voters to abstain from casting their votes or so doing in a particular way.


The law also stipulated that candidates for the People's Assembly should be holders of at least basic education completion certificate or equivalent. For those born before January 1,1970, literacy will suffice.

The further stipulated that the People's Assembly member shall receive a monthly honorarium of LE 1000 from the date of swear-in oath by the member.
In addition, the Speaker of the People's Assembly shall receive a remuneration equivalent to total remunerations paid to the vice-president.

Amendment of the Shura Council Law
Law No.176 of 2005 amending some provisions of Law No.12 of 1956 on the Shura Council. The amendments tackled the seat vacancy of a Shura Council member before the expiry of his tenure.
The amendment stipulated the following:
“Should the seat of the elected member become vacant before the end of his tenure, a supplementary election shall be conducted electing his replacement. Every eligible candidate meeting candidature requirements shall be entitled to run for this election."
The law also stipulated that the candidates should be holder of at least basic education completion certificate or equivalent. For births before January 1, 1970, literacy will suffice.
-The Shura Council member shall receive a monthly honorarium of LE 1,000 from the date of swear-in oath by the member.

Amendment of law regulating political parties system:
Law No. 177/ 2005 amending some provisions of law No. 40/1977 regulating political parties system was issued in July 2005.
The amendments tackled the establishment and operation of political parties as follows:

-For a political party to be established or maintained, it shall satisfy the following conditions:

i: The party's title should not be identical or similar to that of an existing party.

ii: The party's principles, goals, platforms, policies or modalities of exercising its activities shall not contradict the Constitution or requirements of maintaining national unity, social peace and the democratic system.

iii: The party's platform shall constitute an addition to the political life according to specific methods and goals.

On establishing the party, the amendments stipulated a notice in writing shall be submitted to the chairman of Political Parties Affairs Committee signed by at least 1000 constituent members whose signatures shall be officially authenticated.
The members shall be drawn from at least ten governorates with no less than fifty members from each.

On the composition of the Political Parties Affairs Committee, the amendments stipulated the following:
1- the Speaker of the Shura Council, as chairman;
2- Minister of Interior;
3- Minister for the People's Assembly Affairs;
4- three former heads or deputy heads of the Judiciary bodies who are not affiliated to any political party; and
5-three public figures who are not affiliated to any political party, as members.
The Committee shall have the competence to examine and consider notices of the establishments of the parties.
The Committee has to issue its decision on the establishment of the party within the 90 days following the date of submitting the notice of establishment.
The expiry of the period referred to without a decision issued by the Committee on the establishment of the party shall be deemed a decision of no-objection to its establishment.
The law further stipulated that the State shall provide to political party an annual financial support, whose appropriations shall be included into the budget of the Shura Council, as follows.
- LE 100,000 annually for every party for 10 years. Beyond this period, for a party to be eligible to such amount, it shall have at least one seat won by one of its candidates in the elections of the People's Assembly or the Shura Council;

- LE 5,000 for every seat won by the party's candidate in the elections of the People' Assembly or the Shura Council up to a maximum of 500,000 for each party.

MODERNIZING THE CONSTITUTION OF EGYPT UP