Archive for Constitutional Assembly

President Mohamed Morsy will address the nation on Thursday, calling for unity as he pushes through a new constitution he hopes will defuse a crisis prompted by his decision to grant himself sweeping powers.

The assembly tasked with writing the constitution ended its session in the early hours on Thursday, wrapping the final draft it will put to vote later in the day.

But as Morsy's opponents pressed on with their week-old protests in Cairo's Tahrir Square, critics said the Islamist-dominated assembly's bid to finish the constitution quickly could make matters worse.

Two people have been killed and hundreds injured in countrywide protests set off by Morsy’s decree since it was issued last week.

The Muslim Brotherhood, the Islamist group which was behind Morsy’s election in June, hopes to end the crisis by replacing the decree with an entirely new constitution to be approved in a popular referendum, a Brotherhood official told Reuters.

It is a gamble based on the Islamists' belief that they can mobilize enough voters to win the referendum. They have won all elections held since Hosni Mubarak was toppled from power.

But the move seemed likely to deepen divisions that are being exposed in the street.

In his speech, Morsy was expected to explain why he had issued his decree and to outline what he saw as conspiracies being planned by his non-Islamist political opponents, officials said. He would also call for national unity.

The Muslim Brotherhood and its Islamist allies have called for protests on Saturday in Tahrir Square, setting the stage for more confrontation with their opponents, who staged a mass rally there on Tuesday.

The constitution is one of the main reasons Morsy is at loggerheads with non-Islamist opponents. They are boycotting the 100-member constitutional assembly, saying the Islamists have tried to impose their vision for Egypt's future.

The assembly's legitimacy has been called into question by a series of court cases demanding its dissolution. Its standing has also been hit by the withdrawal of members including church representatives and liberals.

But shortly after the assembly ended its last session, state TV reported that some of the 14 members who had walked out to protest the Islamist dominated makeup of the panel, now returned to it to take part in the vote. It did not state how many.

One of the articles to be voted on prevents leading figures of Mubarak's now banned National Democratic Party from running for office or entering any elections, parliamentary or otherwise, for at least 10 years.

Riot police

Just down the road from the constitutional assembly meeting, protesters were clashing with riot police in Tahrir Square. Members of the assembly watched on television as they waited to go into session on Wednesday.

"The constitution is in its last phases and will be put to a referendum soon and God willing it will solve a lot of the problems in the street," said Talaat Marzouk, an assembly member from the Salafi Nour Party, as he watched the images.

But various activists, whose online blogging helped ignite the anti-Mubarak uprising, have said a constitution passed in such circumstances would only entrench authoritarianism.

The constitution is supposed to be the cornerstone of a new, democratic Egypt following Mubarak's three decades of autocratic rule. The assembly has been at work for six months. Morsy had extended its 12 December deadline by two months — extra time that the assembly speaker said was not needed.

The constitution will determine the powers of the president and Parliament and define the roles of the judiciary and a military establishment that had been at the heart of power for decades until Mubarak was toppled. It will also set out the role of Islamic law, or Sharia.

The effort to conclude the text quickly could mean trouble, said Nathan Brown, a professor of political science at George Washington University in the United States.

"It may be regarded with hostility by a lot of state actors too, including the judiciary," he said.

Leading opposition and former Arab League chief figure Amr Moussa slammed the move. He walked out of the assembly earlier this month. "This is nonsensical and one of the steps that shouldn't be taken, given the background of anger and resentment to the current constitutional assembly," he told Reuters.

Once drafted, the constitution will go to Morsy for approval, and he must then put it to a referendum within 15 days, which could mean the vote would be held by mid-December.

The assembly said that legislative powers assumed by Morsy in August would be handed to the Shura Council, or upper house of Parliament, once the constitution is ratified at the weekend. Morsy is expected to call for a referendum on the constitution early next week.

A constitution must be in place before a new Parliament can be elected, and until that time Morsy holds both executive and legislative powers. An election could take place in early 2013.

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Tuesday’s papers have a list of disasters to choose from, so much so that on its front page, Al-Watan lists “the crises holding Egypt hostage” in numerical, bullet-point form: the new president and appeals concerning election irregularities, the Supreme Council of the Armed Forces’ supplement to the Constitutional Declaration and the dissolution of Parliament.

Two former MPs, Mohamed al-Omda and Mahmoud al-Khodeiry, made an attempt to enter Parliament on Monday but were prevented from doing so by security.

Government mouthpiece Al-Gomhurriya reports this on its second page, accompanied by a comment below by another former MP, Ihab Ramzy, who describes the action as “a challenge to the law.” Ramzy says MPs are obliged to respect the law to set examples for others, and that the Supreme Constitutional Court decision dissolving Parliament must be respected.

Ramzy also defends the recent amendment to the Constitutional Declaration, saying SCAF resorted to this “when it felt the majority [in the Constitutional Assembly] would produce a constitution unsuitable for the Egyptian people.”

Al-Watan says the office of the Muslim Brotherhood’s supreme guide and the executive office of its political branch, the Freedom and Justice Party, have agreed to take to the streets if negotiations with SCAF about the current political situation do not bear fruit.

Al-Tahrir’s Ibrahim Mansour launches a scathing attack on the Muslim Brotherhood and its presidential candidate, Mohamed Morsy, in his column today. Early poll results show Morsy won more than 52 percent of the vote.

Mansour says Egyptians who voted for former Prime Minister Ahmed Shafiq did so “out of hatred for the Muslim Brotherhood, its performance after the revolution, its doing of deals and its selling out of the revolution and revolutionaries.”

Voters “forgave” Morsy for many things, Mansour says: his being the “spare” candidate after Khairat al-Shater; that he was dishonest about the American nationality of his two children; his history of poor health and “the lie spread by his campaign that he was a scientist in the US working for NASA.”

“The man only denied this after NASA denied knowing anyone called Mohamed Morsy,” Mansour writes.

There is a similar tone in Al-Wafd which on its front page declares that “the Muslim Brotherhood and the military are preparing for the Battle of Parliament.”

Below this is a headline reading, “ ‘The group’ [the Muslim Brotherhood] is mobilizing supporters to storm the People’s Assembly,” accompanied by a picture of Omda and Khodeiry’s attempt to enter Parliament.

On its opinion page, Al-Wafd has a column titled “Go to Hell, Assembly” by Essam al-Abeedy that serves as another platform to attack the Brotherhood.

“I haven’t seen happiness on Egyptians’ faces in the past year and a half like the happiness I witnessed last Thursday when the Supreme Constitutional Court issued its judgment on the invalidity of the People’s Assembly and consequent dissolution of it and the end of its existence,” Abeedy writes.

Al-Watan reports in a headline that churches are “not afraid of a religious state.” It quotes an Anglican Church representative as saying that Christians are not worried about the Brotherhood presidential candidate winning the election because “their fate is in the hands of God.”

The office of the Coptic Orthodox Church’s papacy has refused to comment on the Muslim Brotherhood winning the presidency.

Al-Shorouk publishes reactions to the amendment to the Constitutional Declaration from human rights activists and political commentators.

Ahmed Ragheb, executive director of the Hisham Mubarak Law Center, describes the amendment as “legal thuggery.” Ragheb suggests it will lead to SCAF being “the true ruler of Egypt” while the president “will most likely work as a secretary for SCAF.”

Meanwhile, analyst and former MP Wahid Abdel Meguid says, “It was clear weeks ago that SCAF doesn’t intend to hand over power on 30 June. The publication of the amendment to the Constitutional Declaration at this time confirms this.”

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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Egypt's Parliament has for the second time approved an assembly to draft a new constitution after the first attempt was criticized for including too many Islamists.

But the list of 100 names immediately triggered similar objections from liberals and Christians, raising the prospect of fresh legal challenges to the new assembly in the courts – the latest hurdle in Egypt's bumpy transition to democracy.

The delays mean the new president will not know the extent of his powers when he is elected in a runoff vote this weekend.

Islamists hold about two-thirds of the seats in Parliament, leading to fears among liberals that they will again be sidelined in the new Egypt, despite their contribution to the overthrow of Hosni Mubarak's military-backed autocracy last year.

The presidential runoff adds to those fears, pitting Mohamed Morsy, a member of the Muslim Brotherhood, against Ahmed Shafiq, a former air force general who was Mubarak's last prime minister.

The main parties in Parliament said last week they had reached an agreement on the shape of the constitutional assembly, and both houses approved the list late on Tuesday.

"This assembly saw many twists that hindered it for some time, but in the end it was formed to represent all Egyptian groups," parliamentary speaker Saad al-Katatny told a joint session of both houses.

Katatny, who resigned from the Muslim Brotherhood's party to take the speaker's post, said the list included 33 people from political parties including members of Parliament, as well as constitutional experts, judicial figures, Christian and Muslim clerics, union members and representatives of the army, police, government and Egypt's youth.

However, some liberal and independent members walked out in protest on Tuesday before the final agreement, saying the list would under-represent women, intellectuals and the Christians who make up a tenth of Egypt's 82 million people.

Amin Eskandar, a member of Parliament for the Karama Party, said there would be too many Islamists in the assembly, "just like in the previous one.”

Egypt's Coptic Orthodox, Anglican and Catholic churches withdrew their representatives from the first assembly, but have so far indicated they will remain in the latest one. Together those churches secured seven seats.

Egypt's prestigious Al-Azhar seat of Sunni learning has five seats. It also withdrew from the first body in solidarity with liberals, churches and others.

Handover of power

The ruling generals have pledged to hand power to a new president by 1 July as the climax of almost a year and a half of messy and often bloody transition to civilian rule, but the failure to establish a clear path towards a new constitution suggests more turbulence ahead.

All sides agree to the principle that the constitutional assembly should reflect a broad cross-section of society, but Islamists and liberals have argued about how the process is implemented in practice.

Egyptians want above all a constitution that distributes power more fairly than the one that underpinned Mubarak's rule.

Among the issues likely to stir most debate are the extent of presidential and parliamentary powers and the degree to which Islamic law, or sharia, will be applied.

The deal reached last week said there would be a broad 50-50 liberal-Islamist split in the assembly.

But rifts emerged almost at once when liberals accused the Islamists of filling the nominal liberal contingent with people from Islamic ideological backgrounds, such as Muslim clerics from Al-Azhar.

Liberal and leftist parties said on Monday they would renounce their seats in the new assembly.

One member of Parliament who withdrew, Abul Ezz al-Hariry, said he would challenge the new list in court.

Hariry, a presidential candidate who fell out of the race in the first round last month, was among a group of liberals and lawyers who successfully challenged the first assembly in April.

"An assembly in which Egyptians do not see themselves [represented] is the end of a transition in which they have been trying to kill the revolution and confiscate the future," said reformist politician Mohamed ElBaradei.

The Muslim Brotherhood's Freedom and Justice Party played down the liberals' criticism and walkout from Parliament.

"The withdrawal of some members does not represent a general theme," Brotherhood leader Farid al-Ismail told reporters outside the meeting hall. Katatny said 85 percent of eligible members of Parliament took part in the process of choosing the assembly.

Another former presidential candidate Hamdeen Sabbahi also rejected the new panel's make-up. "The way the assembly was formed by indicates a continuation of the tendency to seek domination (by one group) and exclusion of others," Sabbahi said.

"The revolutionary powers will not let one party exclusively write the constitution," he said.

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An Egyptian court on Tuesday stopped Parliament's decision to create a new constitution-writing assembly, challenging the legitimacy of a body that has been criticized for its domination by Islamists.

The Cairo Administrative Court "halts the implementation of the decision by the Parliament's speaker to form the Constitutional Assembly to draft the constitution," Judge Ali Fekry told the court. 

The court will later decide whether the assembly makeup is legal or not.

The Islamists in Parliament have insisted on having MPs on the constitution-writing panel, but liberal voices backed by legal experts said lawmakers' writing a constitution is unprecedented. Tuesday's verdict can be appealed. Once the verdict is issued by the higher court, the verdict would be final.

The verdict followed a lawsuit decrying the domination of Islamist political group on a large portion of the panel’s 100 seats.

Parliament formed the Constituent Assembly in late March to draft the country’s new constitution.

Correction: A previous version of this story incorrectly stated that the Administrative Court had ruled the Constituent Assembly illegal.

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