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Statement by President Mubarak on the proposed amendments to the Constitution
Ladies and Gentlemen,
Today we are at an important juncture on the path of national endeavor, one that will represent wide ranging progress towards the development of our democracy, and that will strengthen our constitutional institutions of government with new reforms.
At the outset of this important phase, I wish to address this elite delegation of the people’s representatives, party and syndicate presidents, Egyptian writers and thinkers and every Egyptian man and woman in Egypt and abroad.
I speak to you today from the heart and at a landmark moment in the history and progress of our homeland, one that recalls past milestones, reflects the present, and suggests possibilities for the future.
I studied the steps of our national saga over the course of two centuries of our modern era, before presenting to you today two letters to the People’s Assembly and Shura Council in which I request the amendment of certain articles of the constitution and explain my rationale for doing so.
I recalled the beginnings of our progress and the long strivings of the Egyptian people since the 19th century for a constitution.
I recalled the “Founding Charter” of 1882, and the British Occupation’s swift cancellation of it. I recalled The Constitution of 1923, its cancellation in 1930, and its restoration until the Revolution of 1952.
I recalled the latter phases of constitutional development: the Constitution of 1956, and the “one year constitution” of 1958, the temporary constitution of 1964, and finally the “Permanent Constitution of Egypt of 1971 and its amendments of 1980, and 2005.
These successive phases are a summary of the history of modern Egypt, and tell us much of the path this people has taken since the first constitution of 1882, and from the first parliament of 1924 and all the achievements and failures over its course.
This history says much about the desire of this nation, over the course of the occupation and before and after the Revolution for an effective and structured political life that reflects the will of the Egyptian people and underscores their sovereignty.
Today, I recall all this and more. I recall what we have achieved over the course of two decades of democratic development. I recall my speeches to this great nation when I announced the Menufiya Initiative, on the eve of the referendum to amend Article 76, when I announced my candidacy in the presidential election, and after the announcement of its result.
Today, as we take this historic step towards developing our democracy, and as we recall our past progress and what we managed to achieve in the face of internal, regional and international challenges, I thank God, and am proud of this nation. And my confidence in our future progress is multifold.
Ladies and Gentlemen,
I have lived the days of this march at times of war and peace, lived its hopes and ambitions, its difficulties, and challenges. I was a witness to this march; its ebbs and flows, successes and failures, defeats and victories.
Fate willed that I should bear the burden of leading the nation at a time of hardship through turbulences and crucial periods in the history of Egypt and her citizens.
Together, we have realized many achievements: we restored the nation’s sovereignty over Sinai; we liberated every inch of its occupied lands; we maintained peace and took no action that would threaten it. We engaged and are still engaged in an intense battle with terrorism; we spared no effort in protecting Egypt’s national security, its supreme interests, and the freedom of its national will; we have restored our Arab relations, and deepened them; we established a wide network of international relations; and through our culture, the heritage of civilization and our regional role, we won the respect and admiration of the world.
We continued and restored our worn out infrastructure and our economy whose resources and wealth were drained by wars. Simultaneously, we embarked on a path of gradual reform with the objective of liberalizing our political and economic life, a social reform that sides with the poor and the low-income-brackets, and we implemented social reforms meant to support the poor.
As we progressed together on the path forward I have always been convinced of the duality of political reform and socio-economic reform. This has been my belief since the first day I took up the responsibility of the homeland, one that reflects an awareness of the spirit of the times and the legitimate aspirations of the people, and which sought to enhance the constitutional and legislative structures that govern our political life.
I had a clear vision of future of the country that won the confidence of the people and their support last year. I have a vision of a modern Egyptian society which preserves freedom, elevates the value of citizenship and strengthens the role of citizens in the political process; a modern and developed society that lays the foundations of democracy and supports its day to day practice.
The amendment of Article 76 last year was a pioneering step on this path which made possible further constitutional amendments. I addressed these amendments in my electoral platform and called upon the people’s representatives to offer their opinions regarding them, in order that they may fulfill the hopes and aspirations of the people, and protect the interests of the nation and her citizens.
I have carefully studied the reports of the People’s Assembly and the Shura Council on their productive debate on this important national matter. I have listened to many opinions, ideas and recommendations that reflect a variety of different perspectives, positions and visions, some of which I agree with and others with which I differ; nonetheless, I recognize their honorable intentions and their desire to serve the national interest.
A year and half has passed since I presented the parameters of the constitutional amendments I will be calling for today. These broad lines were the subject, over 17 months, of intense debate and discussion within and outside Parliament, and in a national dialogue which I called for and welcomed, and to whose continuation I look forward to.
We are at the beginning of the constitutional amendment process which will be the most comprehensive since 1980. We all bear a joint national responsibility to ensure that this process reflects the political, economic and social transformations that our society has witnessed since 1971.
I and the people’s representatives bear a historic responsibility to ensure that these constitutional amendments fulfill the aspirations of the people, address the high interests of our homeland and protect the present and future of her citizens.
It is our great and historic responsibility to achieve the essential goal of developing our democracy and political life, while avoiding drifting into miscalculated steps that could threaten the stability of our country and the success of our democratic experience.
I presented in my address last month before a joint session of the People’s Assembly and the Shura Council some of the objectives that the constitutional amendment process is intended to achieve. And I called for careful scrutiny of the impact they would have on the future of our nation and her sons.
I called for, and continued to call for a vision of the future unconstrained by the prevailing facts of the present moment in our history.
I called for the protection of this important national interest from the interference of personal interests, and for the debate to rise above partisan conflicts and ideological discord.
The people entrusted and supported me in their first competitive presidential elections on Egyptian soil. As president of all Egyptians, I am responsible before the people; bearing the burdens of leadership and protecting the interest of the nation and her citizens.
In fulfillment of the pledge I made last year, and of my responsibility as President, and exercising my competencies under Article 189 of the Constitution, I call upon the people’s representatives to amend 34 articles of the Constitution, with the aim of bringing about a tangible leap that will open new horizons for our democracy.
Ladies and Gentlemen,
My request, in its philosophy and dimensions, is based on and gives special regard to several considerations that can be summed up as follows:
First,
My request is meant to assert the idea, value and principle of citizenship. We are all Egyptians. We are all citizens of this homeland and we are all equal in rights and duties before the law without discrimination based on creed or religion. Over the course of our history, we have never been exposed to religious or sectarian division.
When Sa’ad Zaghloul headed to Versailles to demand independence he was accompanied by the elite of Egypt’s sons, Muslims and Copts. The Egyptian delegation included many Copts, including Wassif Ghali, Senout Hanna, Wessa Wassif and George Khaiat.
When we fought the October War, the sands of Sinai made no distinction between the blood of Muslims and Copts.
And as we engage in building the future of our nation, we do so with the concerted efforts of all citizens, Muslims and Copts.
Being aware of this and as I follow the sectarian and confessional divisions that the region is witnessing, I am determined to protect our society, Muslims and Copts, and confront practices that seek to circumvent the law and undermine the cultural heritage of the Egyptian people; practices that mix religion with politics and politics with religion, which spread discord and extremism, and which seek conflict between the two wings of our nation.
The proposed amendments I will present today reflect my concern for the stability of the nation and my commitment to defend the unity of her citizens. I am fully confident that the people's representatives share my concerns and commitments.
Second:
The amendments which I will propose are intended principally to entrench the sovereignty of the people, the source of all legitimacy and authority, by strengthening the role of Parliament and enhancing controls over the Executive Authority.
These amendments represent a fundamental transformation of our political system which will provide greater balance in the relationship between the Executive and Legislative authorities and in the relationship within the Executive Authority between the President and the Government.
These amendments propose greater authorities and competencies for both Chambers of Parliament. They will strengthen the People’s Assembly role in supervising the government, and permit its members to grant confidence to the Government or withdraw it without the need for a referendum. Moreover, it will permit the Assembly to amend the General State Budget bill.
These amendments propose a legislative competency for the Shura Council which represents an unprecedented qualitative leap and which exceeds current non-binding consultative role.
These proposed amendments enhance the role of the people's representatives in both Chambers of the Parliament. They also create mechanism for coordination between the two Chambers of Parliament.
In addition, these proposed constitutional amendments will limit the authorities of the President of the Republic, and permit wider participation by the legislator in the exercise of Executive Authority.
Third:
Specific priority in these amendments was given to supporting the role of parties, in their capacity as the foundation of political life. Equal priority was also given to expanding participation in legislative elections which is an essential factor in ensuring the success of a democratic process.
These amendments will give the legislator the power to choose an electoral system which they deem to be the most appropriate and which will strengthen the representation of parties in parliament. It also makes possible the enhancement of the administration and supervision of the electoral process which will guarantee the integrity of legislative elections and increase our ability to deal with a growing electorate.
Moreover, these proposed amendments will ease presidential election candidacy conditions and will enhance the ability of parties to nominate candidates for these elections.
The proposed amendments provide similarly increased opportunities for women’s representation in parliament, commensurate with our concern for women and their role in political life and society.
Fourth:
Egypt, ahead of others, faced terrorism before it became a global phenomenon. Its evils and hazards continue to target our homeland, and threaten the lives and livelihoods of its citizens.
The security, stability and safety of our nation and her citizens is my primary responsibility, and represents a red line that will not be crossed.
In my electoral platform last year, I called for an anti-terrorism law as a legislative substitute to combating this threat through the Emergency Law.
What I envisaged in terms of Constitutional amendments opens the door for legislation to combat, contain and deter terrorism and abort its plans. This legislation shall confront and block its crimes and hazards by the force of law and will simultaneously provide judicial supervision over any unjustified violation of the rights and freedoms of citizens guaranteed by the Constitution and the Laws of Egypt.
Fifth:
I ensured that the proposals for amending the constitution reflected our political, economic, and social realties and the transformations we have witnessed since the promulgation of the Constitution of 1971 and its amendments in 1980.
I was also keen that the constitution does not impose an economic system on society that could be rendered redundant with the passage of time and new realties and developments, and which cannot be altered without a constitutional amendment.
I intended these proposals to represent forward progress towards securing the supremacy of the constitution by strengthening the mechanisms and procedures that guarantee the independence of the Judiciary.
I was also keen that the proposed amendments seek the development of the local administration and expand decentralization.
Ladies and Gentleman
In the history of any nation, there are decisive days, one of which I believe we witness together this day. We take a historic step the effects of which may not be obvious for us on the short term, but our political life and democratic practices will witness its reflections in the coming decades. I look forward to an in-depth and serious dialogue conducted by the people's representatives in the parliament about the constitutional amendments I called for today.
I have deeply considered this important national issue. And as I present today my recommendations for constitutional amendments, I am completely aware of my responsibilities before the people. And my responsibility is to preserve the stability of the nation and protect her interests and the interests of her citizens.
The stability of which I speak is not a synonym of stagnation; rather it is the main prerequisite of Egypt’s national security, and a necessary condition for development and the continuation of reform on all tracks in a context of internal challenges and acute crises in our region and the world around us.
Yes, I am responsible for all this before the people, as I am responsible before history. I speak to you and behind me lie long years I have spent in the service of the nation, protecting its skies, territory and sovereignty, preserving her independence and self-determination, and fulfilling the responsibilities with which I have been entrusted.
Today I fulfill the promise I made to the people last year, and I am confident that our parliamentary councils will meet their constitutional responsibilities so that these amendments may fulfill the objectives which they aspire. The people will have the last word when these amendments are put to a vote in referendum in line with constitutional amendment procedures.
The historic step which we are taking today will open the doors to democracy and its practice, enabling future generations to build upon these foundations and reach new horizons. Democracy is not merely constitutional legislative texts and rules. Democracy is mainly a culture and practice. And I call for further and parallel steps of less importance to be taken to foster democratic culture and practice in Egypt.
Ladies and Gentlemen,
As we take this historic step today, we must neither be shortsighted nor deal with it in isolation of our Egyptian reality, or our regional and international arena.
We are entering into a crossroad in the history of Egypt. Progress on the path of constitutional and political reforms cannot be accomplished or carried out in a vacuum. It must be accompanied by a parallel economic reform and development, as well as social reform that takes into consideration the interests of the great majority of the sons of this nation.
This great majority is my primary responsibility, as the Constitution is the Nation’s constitution and our sovereignty is the sovereignty of the people. And constitutional reform cannot merely serve the interests of the elite, a faction or a party, rather the interests of Egypt, her people, their present and their future.
Together we will march forward steadily and willingly through this phase, continuing with perseverance and irreversible reform. We will complete the development of our democracy and the liberation of our economy and our political life, facing our problems with relentless will, overcoming our challenges as we have done before, defending the national security of Egypt, its strategic interest and raising the Nation’s banner.
May Allah bless Egypt and her people, and give us His support and guidance.
He is the Best Sustainer and the Supporter.
May Allah’s Peace, Mercy and Blessings Be Upon You
Letter Addressed to Parliament by H.E President Mohamed Honsi Mubarak Requesting Amendments to the Constitution of Egypt
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:
- Reorganizing the relationship between both the legislative and executive powers in order to achieve greater balance between them and enhance the Parliamentary supervision.
- Enhancing the role of the Council of Ministers; expanding its competencies and the extent to which the Council participates with the President in the exercise of executive authority.
- Establishing 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.
- Ensuring the adoption of the ideal electoral system that improves opportunities for the representation of political parties in the legislature.
- Ensuring a minimum number of seats for women in the parliament through election.
- Developing the local administration system, enhancing its executive and monitoring authorities and supporting decentralization in its operations.
- Ensuring the adoption of the new law for combating terrorism as a legislative alternative without the need to resort to the Emergency law.
- Enhancing 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.
- Achieving 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 State 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 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
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: Articles 82, 84 the first paragraph and Article 85 the second paragraph.
Article 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 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.
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 approaches I have adopted to strengthen the role of Parliament in the budget process, and providing the Assembly with the necessary competencies to do so, I am requesting an amendment to this article that will empower the People’s Assembly to amend the draft General State Budget, on the condition that these amendments include safeguards and procedures that will ensure that maintenance of the general balance of revenues 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 paragraph 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 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 safeguard the balance of authority between the executive and legislative branches.
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 requiring 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, it 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 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. 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 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 be 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 amendment to 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 our constitutional framework, deepen our process of democratic development and support our democratic process.
These 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 on 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
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