Archive for constitutional amendments

 

Tuesday morning the state’s flagship paper, Al-Ahram, leads with, “Presidency denies putting Tantawi and Anan under house arrest.” The government mouthpiece stated that Yasser Ali, the presidency’s spokesperson, said both generals are completely respected; and added that these decisions aim at pumping new blood into the army institution. He concluded that both generals were appointed to the president's staff. Ali said that both Tantawi and Anan were informed of the decision on Saturday before it was aired to the public.

President Morsy, in a meeting with new Defense Minister Abdel Fattah al-Sisi at Ettehadiya Presidential Palace in Heliopolis stressed the importance of improving soldiers' living conditions and morale. The president also praised the armed forces and its role in the current democratic transformation.

On a different note, Al-Ahram writes, “Rafah assailants are ex-convicts and fugitives;” Minister of Interior Ahmed Gamal Eddin announced the identity of some of the Rafah gunmen arrested recently. He said that one was released from jail and the others escaped prison during the revolution. Gamal Eddin denied that any were among political prisoners released by President Morsy. He added that security checkpoints on the border were able to target two groups of assailants, the first in Kharrouba and the second near Shabana. Five of the gunmen were killed during the attack. Al-Ahram listed their names as Hatem from Cairo, Yehia from Gharbiya, Mohamed from Sinai, Mohamed S. from Mahalla and Mohamed M. from Palestine.  

Al-Shorouk newspaper writes, “Mubarak’s generals fall,” and another headline says “The details of Morsy's revolution on SCAF.” After President Morsy decided to send Field Marshal Tantawi and General Sami Anan into early retirement and cancel the supplement to the Constitutional Declaration, many Egyptian and foreign sources stated that this decision was suggested by the US and was discussed between Hilary Clinton and Morsy. The same sources quote Clinton saying that Tantawi offered a lot to Egypt, especially in hardship, and now is time for him to rest as a soldier. The newspaper also quoted White House Spokesperson Jay Carney saying that now is the time for the military and civilians to work together to solve all economical and security problems facing Egypt at the moment.

In other news, the independent newspaper writes that, “The new Constitutional Declaration was ready three weeks ago.” Al-Shorouk states that sources closely affiliated to President Morsy have stated that he refrained from announcing the new Constitutional Amendments dated 11 August 2012, and preferred to wait until the early retirement of the Army General is out of the way. The newspaper states that the president expected a lot of social and political commotion after the decision. The source added that the recent incident in Sinai has shown the president the need for some new blood in the armed forces in addition to some changes in the SCAF.

The mouthpiece of the Muslim Brotherhood, Freedom and Justice, runs two stories with the headlines, “Aftershocks of the president’s decision” and “Political forces align to build the new civil country.” Seif Eddin Abdel Fattah, a professor of political science at Cairo University stated that this is the beginning of a number of decisions to reform the civil-military relations. He added that the Rafah incident has shown that the army has to concentrate on its main duty, protecting national security. Abdel Fattah adds that canceling the supplement to the Constitutional Declaration is a reinforcement of the revolution and its goals. "It is time for political forces to know that no one is higher than the people and the law," he concludes.

Finally, Freedom and Justice writes on page 3, “Morsy decision causes a LE1.6 billion gain for the stock market,” reporting that Egyptian and Arab investors started purchasing stocks, which lead to the gain.

Egypt’s papers:

Al-Ahram: Daily, state-run, largest distribution in Egypt

Al-Akhbar: Daily, state-run, second to Al-Ahram in institutional size

Al-Gomhurriya: Daily, state-run

Rose al-Youssef: Daily, state-run

Al-Dostour: Daily, privately owned

Al-Shorouk: Daily, privately owned

Al-Watan: Daily, privately owned

Al-Wafd: Daily, published by the liberal Wafd Party

Youm7: Daily, privately owned

Al-Tahrir: Daily, privately owned

Freedom and Justice: Daily, published by the Muslim Brotherhood's Freedom and Justice Party

Sawt al-Umma: Weekly, privately owned

Al-Arabi: Weekly, published by the Nasserist Party

Al-Nour: Official paper of the Salafi Nour Party

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Several trade unions have called for a protest in front of the Engineers Syndicate in downtown Cairo on Tuesday to demand the abolition of the justice minister’s decree granting military police and intelligence officers the right to arrest civilians.  The unions have threatened to resort to the judiciary to abolish the decree.

Unions and syndicates representing doctors, pharmacists, teachers, agricultural professionals, engineers, scientists, physiotherapists, veterinarians and dentists have so far joined the protest.

Unions participating in the protest issued a statement Monday calling for the Supreme Council of the Armed Force’s handover of power on 30 June, as scheduled.

In the statement they also rejected the SCAF’s complementary constitutional declaration issued on Sunday, and called on the Constituent Assembly elected by the recently dissolved Parliament to complete its work in drafting the country’s first constitution after Mubarak.

Trade unions have demanded an urgent meeting with the SCAF to discuss these demands.

Dr. Ahmed Aqeel, assistant secretary general of the Pharmacists Syndicate, said that the syndicate rejects the complementary constitutional declaration. The SCAF has overstepped its limits and is delaying the handover of power, he claimed.

With the recent constitutional amendments, the SCAF has given itself legislative and financial powers, in addition to many executive responsibilities. The SCAF now has the sole right to manage all the affairs of country, rendering the presidency a mere honorary position, according to Aqeel.

He added that the SCAF’s formation of a third Constituent Assembly, in lieu of the second Constituent Assembly elected by the members of Parliament, represents a military coup destroying the legitimacy of democratically held elections over the past year and a half.

Aqeel noted that granting military police and intelligence officers the power to arrest civilians takes Egypt back to the previous regime, and the Emergency Law which the revolution had fought to get rid of. He stated that that this decree will lead to a confrontation between the people and the army.

Edited translation from MENA

 

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As vote counting got underway in the second and final round of Egypt's presidential election, the Supreme Council of Armed Forces (SCAF) issued amendments to the Constitutional Declaration that will limit the powers of the coming president and expand the military's role, notably giving it a heavy influence over the writing of the country's next constitution.

The amended Article 60 gives the SCAF the power to potentially appoint a Constituent Assembly to write the next constitution if the current assembly fails to complete its mandate. The current assembly was elected by a Parliament that was dissolved last week by court order. The Constituent Assembly is required to complete its work within three months and then put its draft to a popular referendum.

The seven provisions added to the declaration issued by the SCAF last March were announced on Sunday in the Official Gazette. An official told state-run MENA news agency Sunday night that SCAF will give details about the content of the document at 9:30 am on Monday.

The SCAF, the president, the prime minister, the Supreme Judicial Council, or one-fifth of the Constituent Assembly have the right to contest any clause issued by the Constituent Assembly if “it is in opposition to the goals of the revolution or its basic principles… or the common principles of Egypt’s past constitutions.”

The assembly would have to revisit the contested clause or clauses within 15 days, and if the contention holds the Supreme Constitutional Court should have the final word.

The SCAF’s new authority over the Constituent Assembly and its decisions follow a long stream of deliberations over constitution writing, whereby Islamist forces tried twice and failed to control the process by convening predominantly Islamist assemblies.

In a further empowerment of the Supreme Constitutional Court (SCC), an amended Article 30 rules that the newly elected president shall swear in before the judicial body. The Constitutional Declaration previously said that the president would take office in front of Parliament.

Last Thursday, the SCC issued two critical rulings that dealt a blow to Islamist forces as it deemed the Parliamentary Elections Law unconstitutional, leading to the dissolution of Parliament. The same day, the court ruled the Political Isolation Law issued by Parliament unconstitutional, keeping Ahmed Shafiq in the race.

Shafiq, a former air force commander and toppled President Hosni Mubarak's last prime minister, is widely viewed as the SCAF's preferred candidate. He is competing against the Muslim Brotherhood's Mohamed Morsy.  

The amended Article 56 gives the SCAF the right to assume the responsibilities of Parliament until a new one is elected. The previous interim constitution allowed the SCAF to issue and overrule legislation.

Article 53 of the amended Constitutional Declaration gives the SCAF the upper hand in running the armed forces, while the elected president can only decide to go to war after its approval. The president can also, with the approval of the SCAF, call on the armed forces to contribute to rule of law and security operations in the country alongside the police if need be.

The amendment to Article 53 retroactively provides constitutional grounds for the recent expansion of the military's power to arrest civilians. Last week, the Justice Ministry issued a decree that military police and military intelligence are allowed to arrest civilians for even minor crimes. Human rights groups had raised questions about the constitutionality of the decree.

Earlier on Sunday, Saad al-Katatny, the former speaker of the dissolved Parliament, rejected the idea of a complementary constitutional declaration and the decision to dissolve Parliament, which he deemed unconstitutional, in a meeting with military Chief of Staff Sami Anan.

Heba Morayef, a researcher with Human Rights Watch, wrote that while many expected the new constitutional amendments to spell out the powers of the president, these amendments instead expand military powers, "rendering meaningless June 30 'handover.'"

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The Freedom and Justice Party, the political arm of the Muslim Brotherhood, said that it will boycott a meeting between the military council and political powers on Tuesday. The meeting will address the Advisory Council’s proposed supplementary Constitutional Declaration, including an amendment to Article 60 of the current Constitutional Declaration, and the formation of the Constituent Assembly.

On its Facebook page, the party called upon all Egyptians to take part in a million-man protest for the "protection of the revolution" to make sure that the revolution goes on and achieves its goals.

The FJP reiterated its rejection of any constitutional amendments, confirming that it will continue to consult with other political parties and powers in a bid to reach a consensus on the Constituent Assembly to draft Egypt's new constitution.

Edited translation from Al-Masry Al-Youm

 

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Polling stations have opened on Wednesday morning in Egypt's 27 governorates. Eleven presidential candidates are running in the polls that come 15 months after the toppling of former President Hosni Mubarak.

The presidential election law was put forward this January 2012 by the Supreme Council of the Armed Forces, interim rulers of the country since February 11, 2011.

The candidates include: former Muslim Brotherhood member Abdel Moneim Abouel Fottouh, Popular Socialist Alliance Party member Abul Ezz al-Hariry, former Prime Minister Ahmad Shafik, former Foreign Minister and Arab League chief Amr Moussa, Nasserist Karama Party leader Hamdeen Sabbahi, judge and vice-president of the Court of Cassation Hisham al-Bastawisy, Democratic Peace Party member and former intelligence officer Hossam Khairallah, labor lawyer Khaled Ali, Beginning Party Leader Mahmoud Hossam, Muslim Brotherhood leader Mohamed Morsy and Islamic writer Selim al-Awa. 

There are 53 million eligible voters, 11 percent of whom are in Cairo. 

This is the third nation-wide polling Egyptians conduct since the 25 January revolution. In March 2011, Egyptians voted on a series of constitutional amendments put forth by SCAF to enshrine in a constitutional declaration under which the country has been ruled throughout the last 15 months. About 41 percent of eligible voters turned out to cast their votes. In November, Egyptians started the voting process for their parliamentary representatives. About 54 percent of eligible voters showed up at the polling stations. 

As per the current constitutional declaration, the president of the republic has a wide range of powers that include calling parliament to convene, appointing the cabinet and its prime minister, representing the state domestically and abroad among other powers. 

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Presidential hopeful Khaled Ali said Monday he will not drop out of the presidential race to bolster the chances of another candidate.

In a message on Facebook, Ali said he rejects the introduction of further constitutional amendments to curtail the powers of the president, and added that the powers stipulated in the Constitutional Declaration should remain intact.

However, Ali said Article 28 of the Constitutional Declaration ― which makes the Presidential Elections Commission’s decisions immune to legal challenges ― needs to be amended.

He said the ruling Supreme Council of the Armed Forces is being deceitful in stating that it wants to grant the president the power to dissolve Parliament. The motive behind introducing such proposals, he said, is to define the relationship between the president and the council.

Ali also renewed calls for the release of detainees arrested after the army dispersed a sit-in in front of the Defense Ministry last week.

Hundreds were wounded and an army recruit was killed near the Defense Ministry on Friday as the army dispersed a protest staged to oppose the rule of the military council. The fighting reportedly began after protesters attempted to cross the barbed wire placed around the ministry.

Ali, a 40-year-old human rights activist and lawyer, is the youngest presidential candidate in the election slated for 23 and 24 May.

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Presidential hopeful Khaled Ali said Monday he will not drop out of the presidential race to bolster the chances of another candidate.

In a message on Facebook, Ali said he rejects the introduction of further constitutional amendments to curtail the powers of the president, and added that the powers stipulated in the Constitutional Declaration should remain intact.

However, Ali said Article 28 of the Constitutional Declaration ― which makes the Presidential Elections Commission’s decisions immune to legal challenges ― needs to be amended.

He said the ruling Supreme Council of the Armed Forces is being deceitful in stating that it wants to grant the president the power to dissolve Parliament. The motive behind introducing such proposals, he said, is to define the relationship between the president and the council.

Ali also renewed calls for the release of detainees arrested after the army dispersed a sit-in in front of the Defense Ministry last week.

Hundreds were wounded and an army recruit was killed near the Defense Ministry on Friday as the army dispersed a protest staged to oppose the rule of the military council. The fighting reportedly began after protesters attempted to cross the barbed wire placed around the ministry.

Ali, a 40-year-old human rights activist and lawyer, is the youngest presidential candidate in the election slated for 23 and 24 May.

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