Resorting to the President final say

The unprecedented constitutional amendments proposed by President Mubarak never targeted the opposition's fury or provocation, but they were meant to be a new package of constitutional reforms for Egyptians.

In this context, my question is: Was the Constitutional Amendments Wording Committee committed to the President's demands in his message to the parliament on December 26, 2006 or not?

1. The President asked that 1st Article of the constitution to include a stipulation of citizenship principle that equals between Egyptians in rights and duties regardless of religion, gender or origin. Opposition was deliberated in ignoring such an addition, despite their confession of its importance for Egyptians.

2. The President asked the addition of a text banning any religion-based party or activity, and the opposition also kept silent about such an amendment that equals between all Egyptians and vaccinates Egypt from sedition and maintains security of its people.

3. The President asked for adopting an optimal electoral system to secure parties' representation in the parliament, and the opposition never responded to the amendment that achieves larger existence for parties in both councils, whether by the individual or slate list.

4. The President asked for a new amendment of Article 76 to give parties opportunities of presidential candidacy in case of their having only 3% of parliamentary seats instead of 5%. An exception of 10 years is also granted for parties, as any party could take part in the presidential election if it has only one parliamentary seat in each council, People's Assembly or Shura Council.

5. The President demanded a minimum for women parliamentary representation by balloting, as the proposed text did not show any quota or percentage in the constitution in order not to give other categories the chance of an equal percentage in the constitution.

6. The President demanded equilibrium between the legislative and executive authorities and boosting the parliament role in monitoring, questioning and amending state's budget.

7. The President asked to reinforce the role of the cabinet, by transferring some of the president's competences to it and imposing restrictions on the president constitution-granted competences.

This proposed amendment obliges a ministry to review its program in the People's Assembly that shares the president to give the approval on it. The opposition also kept silent.

These amendments, for instance, are the strong points in the President's message to the parliament and form an unprecedented move in the Egyptian constitution's history. In spite of this, opposition ignored such a step and searched only for the points of differentiation.

Why are they opposing Article 88? The President asked to choose any stipulation that provides members of judiciary to supervise the electoral process. He never asked for undermining the judges role or giving them minor roles or limiting their competences. But opposition parties have the vision that such amendments target the National Democratic Party (NDP) monopoly of the political life.

Away of these overstatements, constitutional amendments were done on the base of a higher committee existence to supervise elections, and to include member judges then came the general committee that fully consists of judiciary organizations' members that supervises the electoral process and balloting.

This means that all balloting boxes will be referred to the general committee to be supervised. The increasing number of electoral constituencies in Egypt is the main cause behind this, for it is difficult to provide a judge for 60.000 electoral constituencies in the coming years.

Total numbers of the judiciary members do not exceed 10.000 judges. The second reason is the keenness on empowering judges of supervision, keeping them away of electoral battles and disputes which appeared last years.

The meeting point between the two sides is apparent in the keenness on continuity of the judiciary supervision on elections, as a warrant for trust and acceptance from the opposition.

The present judiciary supervision is impossible to continue. The other alternative to meet viewpoints is to use "compound balloting centers" in which one judge could supervise more than one constituency. Or, providing constitutional guarantees for the general committees that supervise elections.

Article 179 is another disputing, which is concerned with the new law for terror-combating. Opposition parties say that it gives security departments the chance to abuse personal freedoms of citizens provided by Articles 41, 44 and 45 of the Constitution. The President's proposed amendment is to find a legal system for terror-combating to replace the emergency law, ensuring judiciary monitoring on the taken measures.

It is the week of determination, as the People's Assembly will end the constitutional amendments next Tuesday as decided until now. Such amendments will put for referendum during the first week of April and then Egypt will enter the stage of wording content of these amendments into decisive laws concerning the electoral system and terror-combating law as well as some texts in the law to achieve equality between man and woman.

The President was keen on all society's participation in these amendments because it is not confined to the NDP only but for all Egyptians. It is not perceived that such a desire by the President is met by boycott or withdrawal. Participation supports democracy and protects it.


By Karam Gabr
RosalYoussef
18/3/2007

 
MODERNIZING THE CONSTITUTION OF EGYPT UP