Constitutional committee to be created, referendum on constitution and Parliament to happen in no later than 210 day. Prime Minister and Vice President appointed.
Al-Monitor’s Bassem Sabry reported: While Mohammed Morsi might be out of power, one significant feature from his year in office isn’t, namely the potential for receiving major government announcements while Egyptians are actually supposed to be sleeping. Almost exactly at midnight, Egypt’s anticipated new constitutional declaration has finally come out into the light, setting the ground rules for the political transition following Morsi’s ouster.
The short transitional charter of 33 articles, largely barebones and half the size of its 2011 predecessor, has a lot of remarkable features and implications, and says a lot about where Egypt is right now politically.
Sequence of transition
In brief, it calls for:
- A referendum to amend the suspended 2012 constitution in around four months.
- Parliamentary elections to be called for 15 days after the success of the referendum.
- Presidential elections to be called for within a week of parliament going into session.
The referendum and the parliamentary and presidential elections could all be concluded under a year.
Remarkably, only the lower house of parliament is mentioned, suggesting that the upper house Shura council might be abolished altogether and is not in the current plans. The constitutional declaration also drops the specific stipulation of a 50% share of seats for workers and farmers in parliament, which proved to be problematic. Also, the express mentioning of popular presidential elections suggests that the general underlying intention is to have at least a hybrid political system of some sort.
Amending the Constitution
A 10-member committee, composed of six top judges and four constitutional law professors, will be tasked with amending the 2012 Constitution. The committee is thus purely technical, and gets no official guidance with regard to what is it trying to achieve, suggesting the current “administration” should have effective final influence on the text behind the scenes. That committee will submit its first draft within a month to a 50-strong assembly representing some of the major components of society, including the police, military, youth, farmers, the churches, the Islamic institution Al-Azhar, national councils, public figures, and unions and syndicates. Each group, through its main official body, will nominate its representative, while public figures will be nominated by the cabinet. This assembly can only suggest amendments to the draft, but has no voting power. There will then be about two months for public and assembly consultations. The president will then receive the final draft and submit it to referendum within a month. One debatable claim is that the wording of the constitutional declaration does not allow for the committee to remove or add new articles, but rather only amend existing ones. If true, that will likely be amended.
The executive
The interim president, who is the constitutional court head, officially has absolute powers, including full legislative authority. The only two items, as I understand, where his powers are limited are using the emergency law (he must get cabinet approval in general, and must undertake a referendum in case of a second extension), and declaring war (must get the approval of the national security council, whose composition is yet to be determined by him). Of course, it is widely accepted that the military is the main center of power behind the presidency.
Religion, the state, and Salafist political leverage
The constitutional declaration shows the strong leverage the Salafist Al-Nour party has on the transitional process, already blocking two prime minister nominations. One of the main objections to the 2012 Constitution by the liberal opposition was to the Salafist-written Article 219, which elaborated on the “principles of Islamic Sharia” stated in the famous Article 2 rather than keeping the text open-ended and more flexible. The controversial Article 219 actually remains. In fact, the previous articles 1 (which mainly spoke of democracy, identity and citizenship), 2 and 219 have been merged into a unique, new, Article 1. The new article reads:
“The Arab Republic Of Egypt is a state whose system is democratic, based on the principle of citizenship; Islam is the religion of the state; Arabic is its official language; and the principles of Islamic Sharia — which include its general evidences, its fundamental and jurisprudential rules, and its recognized sources in the doctrines of the people of the Sunna and Jam’aa (i.e., Sunnism) — are the main source of legislation.”
Interestingly, direct references to pan-Arabism and Africanism have also been dropped, either for the sake of efficiency or to avoid another wedge issue behind the scenes over wordings.
What is also interesting is that the Salafists managed to keep the restriction of freedom of religious worship to the “three celestial religions” in Article 7 (i.e., Christianity, Islam and Judaism), which was not the case under the 1971 Constitution but became so in the 2012 version, under Salafist influence. The 1971 Constitution had also stated that freedom of belief was “absolute,” while the 2012 Constitution and the charter denoted it as “protected.” The overall implications are big in that temporary things have a tendency of becoming permanent, suggesting the articles above could end up becoming even harder to amend. They also indicate the bargaining power Salafists have right now (which increasingly appears to be bigger than what the military and the opposition had expected), with the Salafists realizing how their presence helps the military and the opposition maintain the image of a wide multi-ideological revolution rather than that an anti-Islamist uprising, and does not play into “it’s a war against Islam” claims by the Brotherhood and some Islamists. Thus, any real potential debate on the articles is ostensibly being temporarily delayed (rather than immediately tackled in the declaration) until later when things hopefully have calmed down a bit. This will likely be the major dividing point come amendments time. One thing that has been dropped is the express reference to Al-Azhar’s role in expressing a supposedly non-binding opinion on Sharia matters pertaining to draft legislation, which some worried might open the door to Al-Azhar eventually exercising heavy influence on legislation in an Iran-like manner as time passed.
Forced labor?
Article 9 continues the principle expounded in articles 13 of the 1971 constitution and 64 of the 2012 Constitution — that the state can theoretically legislate some form of forced labor if needed (generally understood to mean public service), but that such labor cannot exist without legislation. That concept has had its fair share of critics.
Religious-based parties
The declaration retains the more flexible ban on parties that “discriminate on the basis of … religion,” but does not return the outright ban on religion-based parties that existed in the 1971 Constitution. This is another move to accommodate Islamists into the transition.
Penal code
Salafists had inserted a workaround in Article 76 of the 2012 Constitution that had theoretically aimed to allow for punishments not expressly based in the penal code to be ordered by a judge alternatively based on a “text in the Constitution,” potentially opening the door for Sharia punishments not officially enacted into the penal code. This was abolished here, and all punishments must again be expressly mentioned in the penal code.
The Constitutional Court
The highest court returns in Article 18 to its former modus operandi, allowing it continuous supervision of laws rather than supervision only prior to enactment as stated in the 2012 Constitution.
Freedoms of speech and expression
Article 7 also continues to limit freedoms of speech and expression based on the confines of the law. Of course, no one expected that to change anytime soon. Remarkably, the same part of the text in Article 7 pertaining to said freedoms appears repeated verbatim in Article 11, at least based on the scans published by Al-Ahram. This could suggest hasty drafting, if not a publishing error.
Military trials For civilians
Article 19 is vague enough to potentially allow for military trials of civilians, another point of long constitutional contention in Egypt.
The right to strike
The right to strike, a major issue over the past 2½ years, is not expressly mentioned in this declaration.
The rest
The remainder is a set of general articles outlining some basic civil rights and administrative details, largely based on the 2012 Constitution and previous constitutional text. But I am sure further analysis along the way might yield some more interesting points, and I would not discount potential amendments to the declaration as well. One thing, almost for sure: A somewhat brisk pace that does not sacrifice quality of output nor the sustainability of the transition could surely come a long way in helping Egypt stabilize.
Egypt’s Tamarod slams interim charter as ‘dictatorial’
According to Agencie France Presse, Egypt’s Tamarod (rebellion) campaign which launched the protests that prompted the ouster of president Mohammad Mursi on Tuesday slammed the country’s interim charter as “dictatorial.”
“It is impossible to accept the constitutional declaration because it founds a new dictatorship. We will hand over to the
president an amendment to the C.D,” the group said on its official Twitter account.
On Monday, Egypt’s interim president Adly Mansour adopted a temporary constitution, almost a week after he was appointed by the military to head the Arab world’s most populous country following Mursi’s overthrow.
The declaration outlines the president’s powers and lays out a timetable for the transition which is to last around six months until presidential elections are held.
Tamarod, a grassroots movements which persuaded millions of Egyptians to take to the streets to call for Mursi’s ouster, was a key player in army-sponsored talks aimed at defining the country’s roadmap.
The group said the constitutional declaration granted the president too many powers in a “setback for the revolution.
New Egyptian leader vows fresh elections after 51 killed
AFP reported that Egypt’s interim leader vowed fresh elections by early next year after 51 people, mostly supporters of ousted President Mohammed Mursi, were killed outside Cairo military barracks Monday prompting a U.S. call for restraint.
Mursi’s Muslim Brotherhood, which has led demonstrations against Wednesday’s military overthrow of the Islamist leader, called for an “uprising,” saying troops and police “massacred” its supporters during dawn prayers in Cairo Monday.
Amid the widening chasm in the restive country, interim President Adly Mansour issued a decree setting a timetable for a referendum on an amended constitution and then for parliamentary elections.
The whole process will take no more than 210 days, according to the decree, meaning elections by early February at the latest.
Mansour will announce the date for presidential elections after the new parliament convenes, according to a draft of the 33-article decree published by the official MENA news agency.
The carnage outside the elite Republican Guards’ headquarters has further delayed Mansour’s efforts to name a new prime minister, as the loose opposition coalition that backed Mursi’s ouster lost a key Islamist party.
The Brotherhood released the names of 42 people killed in the incident, as the interior ministry and military said two policemen and a soldier were also killed.
The military blamed “terrorists,” while witnesses, including Brotherhood supporters at the scene, said security forces fired only warning shots and tear gas, and that “thugs” in civilian clothes carried out the shootings.
The United States called on the Egyptian army to exercise “maximum restraint,” while also condemning “explicit” Brotherhood calls to violence.
The Islamist movement’s political arm, the Freedom and Justice Party (FJP), had called for “an uprising by the great people of Egypt against those trying to steal their revolution with tanks” because of Monday’s killings.
It urged “the international community and international groups and all the free people of the world to intervene to stop further massacres… and prevent a new Syria in the Arab world.”
In the Suez Canal city of Port Said, gunmen on a motorcycle opened fire on a church, wounding a man, witnesses said.
U.N. Secretary-General Ban Ki-moon condemned the latest wave of bloodshed in Egypt, calling for an independent inquiry.
According to Mansour’s decree, a panel representing political, religious and security services will agree final amendments to the constitution suspended on Mursi’s ouster and put it to referendum within five months.
Parliamentary elections would be completed in less than three months after the constitution is ratified.
A senior Muslim Brotherhood official denounced the decree. “A constitutional decree by a man appointed by putchists… brings the country back to square one,” said Essam al-Erian in a Facebook posting.
White House spokesman Jay Carney said an immediate cut-off in military aid to Egypt “would not be in our best interests,” when asked whether Washington was reconsidering the more than $1 billion – mostly military aid – it provides annually.
In response to the “massacre,” the conservative Islamist Al-Nur party, which won almost a quarter of the votes in 2011-2012 parliamentary elections and had backed the army’s overthrow of Mursi, said it was pulling out of talks on a new government.
Grand Imam Ahmed al-Tayyeb of the Cairo-based Al-Azhar, Sunni Islam’s highest seat of learning, said he would “remain in seclusion” until the bloodletting ends “and those behind it take responsibility.”
Mansour, a top judge before his appointment as interim president, had ordered a judicial commission of inquiry into the killings.
Witnesses say Islamists hurled stones at the security forces who responded with tear gas and live rounds.
“Mursi supporters were praying while the police and army fired live rounds and tear gas at them,” said the Brotherhood.
Emergency services chief Mohammed Sultan told the official MENA news agency at least 51 people were killed and 435 wounded.
Emotions ran high as people searched for the names of missing loved ones on a list of the dead in hospital, where dozens of bodies were laid on the bloody floor of a makeshift morgue.
The army warned it would not allow anyone to threaten national security, urging protesters to stay away from military installations and to end their sit-ins.
International condemnation of Monday’s bloodshed poured in, with Germany expressing “shock” at the violence, Turkey calling it an attack on “humanity” and Qatar urging “self-restraint” and “unity.”
It followed another day of dueling demonstrations across the Arab world’s most populous nation of 84 million in an escalating crisis some fear could be exploited by extremist groups.
Mursi’s single year of turbulent rule was marked by accusations he failed the 2011 revolution that ousted autocratic president Hosni Mubarak by concentrating power in Islamist hands and letting the economy nosedive.
The military, which overthrew Mursi after millions took to the streets from June 30 demanding that he resign, has come under mounting international pressure to swiftly install a civilian administration to oversee a rapid return to elected government.
Before the latest violence, Mansour aides had said he was leaning toward center-left lawyer Ziad Bahaa Eldin as premier with prominent liberal leader Mohamed ElBaradei as vice president.
Egypt’s Muslim Brotherhood rejects timetable, calls for uprising
Al Jazeera reports that the Muslim Brotherhood party has rejected the transition timetable set out by the military-backed interim president.
Essam el-Erian, a senior Brotherhood figure and deputy head of its Freedom and Justice Party, the political arm of the Muslim Brotherhood, rejected the transition timetable on Tuesday, saying it takes the country “back to zero”.
“The cowards are not sleeping, but Egypt will not surrender. The people created their constitution with their votes,” el-Eiran wrote on his Facebook page, referring to the constitution that Islamists pushed to finalisation and then was passed in a national referendum during former President Mohamed Morsi’s year in office.
![The Brotherhood's Grand Mufti said the party does not recognise the "military coup" and its aftermath [AFP]](http://www.popularresistance.org/wp-content/uploads/2013/07/Egypts-Muslim-Brotherhood-protesters.jpg)
Interim president Adly Mansour on Tuesday morning released details of a timetable for parliamentary elections by 2014, after which a date will be announced for a presidential ballot.
The country will have five months to amend the current draft constitution, suspended following Morsi’s removal last week, ratify it in a referendum, and then hold parliamentary elections, according to the text of the 33-article decree published online.
The process will take no more than 210 days, according to the decree, meaning elections will be by February at the latest.
Al Jazeera’s Nicole Johnston, reporting from Cairo, said that some liberal opposition parties have said that instead of the constitution being amended a new one should be made.
She added that Cairo has been quiet, with a few rallies and protests at Nasr City but not in large numbers. Our correspondent said that more pro-Morsi protesters are expected to turn out later.
Calls for an ‘uprising’
The Brotherhood called for nationwide protests to take place a day after a deadly shooting at the site of a sit-in by its supporters in Cairo left at least 51 dead and hundreds injured.
The military blamed “terrorists”, while witnesses, including Brotherhood supporters at the scene, said security forces fired only warning shots and tear gas, and that “thugs” in civilian clothes carried out the shootings.
The US called on the Egyptian army to exercise “maximum restraint”, while also condemning “explicit” Brotherhood calls to violence.
The Muslim Brotherhood has asked the “international community to stop the “massacres” in the aftermath of last week’s ousting of morsi by the military.
The Freedom and Justice Party on Monday demanded “an uprising by the great people of Egypt against those trying to steal their revolution with tanks”.
On Monday, Egypt closed down the Cairo headquarters of the Muslim Brotherhood, saying weapons were found inside it.
The latest violence further raised political tensions, even as the country’s interim leadership struggled to find a consensus on who should be the prime minister.
The Salafist Nour Party announced it was suspending its participation from talks over new government in protest against Monday’s fatal shootings.
Egypt’s interim leader names top economist as prime minister, ElBaradei as vice president
Media advisor Ahmed el-Musalamani made the announcements Tuesday after days of political stalemate over the prime minister post.
Last week, ElBaradei was on the verge of being named prime minister, but at the last minute an Islamist party involved in the discussions blocked ElBaradei’s appointment, Associated Press reported.
ElBeblawi, who is in his 70s, served as finance minister in one of the first cabinets formed after the 2011 uprising forced Hosni Mubarak from power and the military stepped in to rule.
He resigned in protest in October 2011 after 26 protesters, mostly Christians, were killed by troops and security forces in a crackdown on their march.
The hardline Islamist Nour Party, which has held up the political process by objecting to several candidates put forward by military-backed interim authorities, said it would support Beblawi’s appointment. The head of the party added that it was still studying ElBaradei’s appointment, according to Reuters.