Saturday, 25 January 2014

What's new in Egypt's draft constitution?

Members of the Egyptian constituent assembly inside the Shura Council (1 December 2013)
A draft egiptions constitution has been agreed by a 50-member constituent assembly and presented for approval to the intrim President, Adly Mansour.
A referendum on the new charter is expected to be held in January, paving the way for presidential and parliamentary elections. It would replace the controversial constitution approved by referendum in 2012, seven months before the military ousted President Mohammed Morsi.
Transition
Amr Moussa (left), chairman of the constituent assembly, presents a copy of the draft constitution to interim President Adly Mansour (3 December 2013)The chairman of the constituent assembly, Amr Moussa, presented the draft to Adly Mansour
Interim leader Adly Mansour will continue to have presidential powers until an elected successor is sworn in.
Mr Mansour will decide whether parliamentary or should take place first. The original road-map set out by the military after the overthrow of Mr Morsi said parliamentary polls would precede a presidential vote. However, the draft states only that "procedures" for the "first election" must begin at least 30 days after the adoption of the constitution, and those for the "other election" within six months.
line break
President
Remnants of posters of ousted President Mohammed Morsi and another saying "Yes to the constitution of Egypt to build our country" in Cairo (2 December 2013)Mohammed Morsi was deposed by the military following mass opposition protests
The president may serve two four-year terms. Candidates must be at least 40 years old, Egyptian and born to Egyptian parents. The candidates, their parents and spouses may not have foreign nationality.
Parliament can hold a confidence vote in the president and, if a two-thirds majority approves, trigger a referendum on whether there should be early presidential elections. Parliament can also impeach the president with the approval of a two-thirds majority.
line break
Government
Egyptian interim government meets in Cairo (13 August 2013)The referendum is the
 in the "democratic transition" promised by the interim government
The draft's preamble says Egypt seeks to "build a democratic, modern country with a civilian government".
The president will appoint a prime minister who must secure parliament's approval. If the choice is rejected, the president must accept the choice of the party or coalition that has the majority in parliament. If the proposed government does not win parliament's approval, parliament will be dissolved and new elections held. The president requires the approval of the majority in parliament to reshuffle or dismiss the government.
line break
Parliament
Egypt's House of Representatives (July 2012)The
 was dissolved following a court decision in June 2012
The draft makes no mention of the upper house of parliament, the Shura Council, a consultative body that only gave its opinion on issues and revised draft laws. All legislative responsibility will therefore lie with the House of Representatives.
The interim president was left to decide what proportion of seats should be reserved for independents, with the remainder drawn from party lists.
The state should take measures to guarantee that women are "properly represented in legislative bodies". But workers and farmers will no longer be reserved half of the seats in the House of Representatives.
line break
Military
Egyptian army armoured personnel carriers in Tahrir Square (1 December 2013)The draft enshrines the military's place as Egypt's most powerful institution
The defence minister must be a member of the armed forces. During the first two presidential terms after the ratification of the constitution, the Supreme Council of the Armed Forces (Scaf) - the governing body of senior officers in the military - must approve the appointment of the defence minister, appearing to place the military above civilian oversight and leaving the president's power unclear.
The military budget will remain beyond scrutiny, with the National Defence Council maintaining jurisdiction and only the overall total published.
Civilians may still be tried by military courts, but only for "direct attacks" on military premises, personnel, equipment, documents and funds.
line break
Religion
A representative of the Coptic Orthodox Church, Bishop Bola (left) and Egypt's Grand Mufti Shawqi Allam (right) inside the Shura Council (30 November 2013)Bishop Bola, the representative of the Coptic Orthodox Church on the panel, praised the draft
Islam remains "the religion of the state" and the "principles of Sharia" remain "the main source of legislation". But a provision in the 2012 constitution that gave a detailed definition of the "principles" is removed.
Al-Azhar, the oldest and most prestigious centre of learning in the Sunni Muslim world, is the "primary reference" in religious sciences and Islamic matters. But the role of its clerics in deciding if legislation conforms to the principles of Sharia is restored to the Supreme Constitutional Court.
The draft says freedom of belief is "absolute", whereas the 2012 charter said it was "protected". Freedom to practice religion and the establishment of places of worship are restricted to believers in "divine religions" - Islam, Christianity and Judaism - and subject to state laws, which have traditionally offered little protection. Christians and Jews can follow their religious codes in personal status affairs.
line break
Politics
Damaged sign at the headquarters of the Muslim Brotherhood's Freedom and Justice Party in Cairo (4 July 2013)The Freedom and Justice Party was set up in 2011 as a "non-theocratic" group
Parties may not be "formed on the basis of religion, gender, race or geography", dealing a blow to Islamist movements like the MUSLIM brotherhood and its Freedom and Justice Party. The 2012 constitution said only that they could not "discriminate" on the basis of religion.
Parties cannot participate in activities against the principles of democracy, be secretive or have military or paramilitary wings.
line break
Rights
Protesters in Cairo demand quotas for women in the House of Representatives under the draft constitution (13 November 2013)Activists had demanded the introduction of quotas for women in parliament
The draft enshrines personal and political rights in stronger language than past constitutions.
Citizens have the right to freedom of speech and freedom of assembly, but these can only be practised "according to the law", leaving room for the state to curb such rights through legislation.
The state "guarantees the achievement of equality between women and men in all civil, political, economic, social and cultural rights" and provides protection to women from "any form of violence". Slavery, the sex trade and "abuse of human beings" are also prohibited.
The state must abide by all human rights treaties signed by Egypt.
Anyone arrested must be referred to interrogators within 24 hours. A lawyer must be present at the interrogation and the detainee has the right to "remain silent". They will also be able appeal against their detention.
Artists, writers and filmmakers are guaranteed freedom to create, but the media can be censored at times of war and public mobilisation.

Four dead as Egypt marks third anniversary of revolution

The BBC's Catharina Moh: "Morsi supporters are being called to demonstrate against the regime and start a new revolution"

Rival demonstrations of supporters and opponents of the military-backed government took place in Cairo.
Four people have been killed in clashes in Egypt as the country marks the anniversary of the 2011 uprising which ended with the overthrow of President Hosni Mubarak.
But police broke up anti-government protests with tear gas, and arrests were reported in Cairo and Alexandria.
Tensions rose on Friday amid violence which at least 18 people died.
The government has said extra security measures are in place for Saturday.
Egyptian Interior Minister Muhammad Ibrahim urged Egyptians not to be afraid to go to events marking the anniversary of the uprising.
Supporters of the military and the government have gathered in high-profile locations including Tahrir Square.
Participants waved Egyptian flags and banners showing army chief Gen Abdel Fattah al-Sisi, whom many urged to run for president.
But police dispersed anti-government protesters in Cairo and elsewhere. Security sources said four had died: one in Cairo, one in Giza and two in the southern city of Minya.
An Egyptian masked policeman guards Cairo's state security chief, Osama al-Saghir, third right, as he visits Tahrir SquareThere was tight security as Egyptian security officials visited Tahrir Square on Saturday
Tahrir Square
Hundreds of anti-military protesters, both supporters of ousted Islamist President Mohammed Morsi and secular activists opposed to both camps, gather on the third anniversary of the country's 2011 uprising before security forces disperse them with teargas and birdshot, in Cairo's district of Mohandessin, Egypt, on SaturdayOpponents of the military regime - both Islamist and secular - attempted to gather but were dispersed by security services using tear gas, birdshot and - one report says - live roundsfocal point of the 2011 Egyptian uprisingShortly before 06:00 GMT on Saturday, a bomb was thrown at the wall of the police training academy in the Cairo suburb of Ain Shams, reportedly injuring one person.Six people died in four bombings in Cairo on Friday, along with at least another dozen people killed in clashes with security forces.Meanwhile on Saturday, an army helicopter crashed in the restive Sinai peninsula, with an unconfirmed report that its crew of five soldiers was dead.A large explosion was reported near a police building in Suez, at the southern entrance of the Suez canal.Islamist militants have stepped up attacks on security forces in the region since Gen Sisi toppled Islamist President Mohammed Morsi in July, with hundreds killed.ArrestsThe BBC's Yolande Knell, in Cairo, says that three years on from an uprising that raised hopes of political reform in the Arab world's most populated country, rival demonstrations are showing the deep divisions.
One anti-government protest on Saturday was dispersed by tear gas as it formed outside a Cairo mosque, news agency AFP said.
In several other districts, police chased anti-government protesters into side streets, firing tear gas, birdshot - as well as live rounds, said Reuters news agency.
Police officers and people gather in front of the damaged Cairo Security Directorate buildingTensions were raised after Cairo's police headquarters suffered heavy damage in an attack on Friday
Arrests have been made in Cairo and Egypt's second city, Alexandria - not just of Islamist supporters of deposed President Morsi, but secular opponents of the military government who have also been protesting.
The Anti-Coup Alliance, led by Mr Morsi's Muslim Brotherhood, called in a statement for 18 days of protests beginning on Saturday, mirroring the 18 days of protests that led to Mr Mubarak stepping down in 2011.
The Brotherhood has been declared a "terrorist organisation" and accused by the interim government of being behind a string of violent attacks in recent months, which the Brotherhood denies.
It condemned Friday's bomb blasts - with an Al-Qaeda-inspired militant group - Ansar Beit al-Maqdis (Champions of Jerusalem) - saying it was behind the most deadly blast at the city's police headquarters, which killed four and wounded at least 76, leaving a huge crater in the street.
But an angry group gathered outside the police headquarters after the blast, accusing the Brotherhood of being behind Friday's attacks, with some shouting "Death to the Muslim Brotherhood".
Many now expect Gen Sisi to run for president, putting a military strongman back in charge in Egypt, as was the case for the six decades leading up to 2011.
Are you in Egypt? Are you involved in the protests? You can send us your experiences using the form below.