Archive for Mohamed Nour Farahat

Losing presidential hopefuls and a number of political forces announced Friday the final version of the “Testament,” a document that includes a number of basic principles and goals for an Egyptian civilian, democratic state.
 
The forces that participated in drafting the document include the Free Egyptians Party, the Egyptian Social Democratic Party, the New Ghad Party, the Socialist Popular Alliance, the Karama Party, the Adl Party, and the National Assembly for Change. Amr Moussa and Khaled Ali also took part in the process.

State-run Al-Ahram newspaper said on Friday that the document’s drafters stressed that it was not a political bargain with the presidential runoff contenders.

The newspaper added that they said a candidate agreeing with the document does not mean the political forces who drafted it will back him in the runoff.  
   
Constitutional expert Mohamed Nour Farahat, who read the document in a press conference Friday at the Lawyers Syndicate, said that the document aims at identifying the principles that have the consensus of all political forces and providing a political framework that assesses the extent to which the presidential candidates agree on these principles.

Socialist Popular Alliance leader Abdel Ghaffar Shokr said they plan to turn the document into a popular document create public pressure on the new president to abide by it.

The document includes 22 points, most notably that Egypt is civilian democratic state based on the rule of the constitution and the law, and that Islam is the state religion and Sharia the main source of legislation.

It also prevents the domination of a single political movement over key state institutions to maintain the professionalism and impartiality of these institutions and guarantee they are at the service of all citizens.

The document stipulates that the coming president should be neutral toward all political forces and should maintain equal representation of all forces in state institutions.

The document stresses the need to maintain the civilian nature of the state and to keep the armed forces out of the political arena, limiting its role to protecting national security.

The document requests that the upcoming president protect equality and civil liberties, particularly freedom of opinion and expression, freedom of the press and religious freedom. It also demands that the transition of power be completed and that the results of free and fair elections be respected.

According to the document, the upcoming president should adopt policies that achieve social justice, narrow income differences and meet the basic needs of citizens in a dignified manner.

The document recognizes the independence of the judiciary and the right of citizens to a civil trial.

It also states that the presidential candidates should recognize the right of the Egyptian people to revolt in case they fail to implement the principles laid out in the document, or violate the constitution or civil liberties.
 

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Defeated presidential candidates and political parties plan to issue a consensus document Wednesday articulating the demands of what they call the “wide secular current,” which wants a civil state, not candidates representing Islamism or the Mubarak regime.

Liberal political figures met Monday at the headquarters of the Egyptian Social Democratic Party to reach an agreement on the document.

On Monday, the Presidential Elections Commission announced the final results of the first round of the presidential election, which was held last Wednesday and Thursday. Muslim Brotherhood candidate Mohamed Morsy came in first with 24.7 percent of the vote, followed by former Prime Minister Ahmed Shafiq with 23.6 percent.

The outcome represents a difficult choice for secular-oriented voters in the runoff stage slated for 16 and 17 June. They will have to choose between Morsy, who represents a group repeatedly criticized by secular forces for various reasons since the military assumed power early last year, and Shafiq, whose stunning election success has rattled many who believe his candidacy would mark a return to the regime of Hosni Mubarak.

Defeated presidential candidates who attended the meeting included career diplomat Amr Moussa and leftist lawyer Khaled Ali.

Others included National Association for Change chief coordinator Abdel Galil Mostafa, Lawyers Syndicate head Sameh Ashour and constitutional expert Mohamed Nour Farahat, former Finance Minister Hazem al-Beblawy and Cairo University political science professor Hassan Nafaa.

Ghad al-Thawra Party founder Ayman Nour, Free Egyptians Party head Ahmed Saeed, Democratic Front Party head Saeed Kamel, Socialist Popular Alliance Party head Abdel Ghaffar Shokr, and Adl Party senior member Khaled Hall also attended.

Mohamed Abul Ghar, head of the Egyptian Social Democratic Party, said all secular parties took part in the meeting. He said the participants discussed the existence of a secular current that represents a majority in the street but failed to reach the presidential runoff.

Abul Ghar explained that the coming document would voice the demands of that current to Egypt’s next rulers, and that communication with the coming regime would go through a panel composed of Shokr, Ali and Hall.

He said participants agreed to form a panel that would set standards for the election of the body that will draft Egypt’s new constitution, and also propose some fundamental articles related to freedom of religion and opinion that should be included.

Abul Ghar clarified that if either of the two runoff candidates back the document, it does not necessarily mean that the political coalition would support him.
   
Ashour said the document stresses the demands of the secular current, which he said would have made it to the runoff had secular-minded voters not split their votes between several candidates.

The convening political forces also demanded the formation of a presidential team to be announced before the runoff, the acknowledgement of Egypt’s identity as a civil rather than religious or military state, and acknowledgement of people’s right to revolt should any of those principles be violated.

Hamdeen Sabbahi, a Nasserist candidate who placed third in the first round, said on Twitter Monday that he intends to convene with revolutionary activists and national figures soon to discuss “the next steps,” but did not clarify the date of the meeting or the topics to be discussed.

Sabbahi said he would invite former International Atomic Energy Agency chief Mohamed ElBaradei to the meeting, as well as former presidential candidates Abdel Moneim Abouel Fotouh, Khaled Ali, Hesham al-Bastawisi and Abul Ezz al-Hariry.

Edited translation from Al-Masry Al-Youm

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The Supreme Council of the Armed Forces will issue a complementary constitutional declaration on Monday, two days before the presidential election begins, Al-Masry Al-Youm has learned from political sources. The amendments will stipulate the duties and powers of the incoming president after political forces failed to reach a consensus over the Constituent Assembly that was to be entrusted with drafting a new constitution. 

On 10 April, an administrative court ordered the suspension of the 100-member and Islamist-dominated Constituent Assembly that was chosen by Parliament to write the new constitution ahead of the presidential election. Political forces and Parliament have since been in negotiations to reach a new formation of the assembly.

Seven political parties met at the Wafd Party headquarters on Wednesday to discuss the complementary declaration. They decided to propose certain amendments to the 1971 Constitution to be included in it.

“We will send our proposals to Parliament within two days for discussion at its Saturday meeting,” said MP Wahid Abdel Meguid.

The parties were split between supporters and those opposing of the new declaration, with the latter saying that Article 56 of the first declaration already determines the constitutional powers of the president. But supporters have prevailed.

Also, some law experts agreed with it, while others feared it would produce another Mubarak if the articles about the powers of the president that are stipulated in the 1971 Constitution are revived.

Legal expert Mohamed Nour Farahat considered the complementary declaration important, saying that the powers of the president as of now are not sufficient.

Law Professor Gaber Nassar said the complementary declaration is an interim constitution. “It attempts to circumvent the crafting of a permanent constitution for the country,” he said.

Edited translation from Al-Masry Al-Youm

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Legal experts on Tuesday said the Administrative Court's decision to halt the formation of the Constituent Assembly would produce a balanced constitution that represents the whole of the country.

"The ruling stops a majority that thinks it dominates the fate of the people from tampering with Egypt’s future,” said Hossam Eissa, professor of constitutional law at Cairo University. “That majority was chosen to serve for only five years and then go.”

“The new assembly should include all segments of Egyptian society with their different political and cultural trends, in addition to Al-Azhar and the church," he added, ruling out that the judgement will not be carried out. “The law must be respected because it shields freedoms."

Ahmed Taha, spokesperson from the National Assembly for Change, and Sayed Abdel Ali, secretary general of the Tagammu Party, agreed with Eissa.

Gamal Gabriel, professor of law at Helwan University, explained that challenging the ruling does not halt its implementation. “According to the ruling, the assembly has never existed,” he said.

“The verdict was expected,” said legal expert Mohamed Nour Farahat, adding that the Islamic majority in Parliament may now choose other members for the assembly from outside Parliament, who are loyal to them, which will bring the problem back to square one, or it could agree with all political forces on criteria for the new assembly to truly represent the whole of society.

“A third option would be for the military council to meet its promise to the people of Egypt and announce a constitutional declaration setting fair standards for the assembly,” he said.

Translated from Al-Masry Al-Youm

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The constituent assembly cannot be dissolved and re-formed by any authority, People’s Assembly Speaker Saad al-Katatny said Wednesday.

Katatny told Al Jazeera Mubasher Misr: “The constituent assembly cannot be reconstituted now that it has been formed. Nobody can do this; not the People’s Assembly, the Shura Council or the military council.”

The assembly has been criticized by liberal forces and constitutional law experts as unrepresentative of the wider Egyptian population.

“The assembly has already been formed and begun its tasks,” Katatny continued. “We will write a constitution within six months, the presidential election will happen in May alongside the constitutional drafting process, and the next president will not be a divine ruler as some are claiming.”

He added: “The Constitutional Declaration is an interim constitution we all abide by. After we finish drafting the new constitution, it will be put to a public referendum.”

Speaking about those who resigned from the assembly in protest, Katatny said, “No one informed us that they officially withdrew aside from Mohamed Abul Ghar by phone. We considered everyone else who did not attend the first meeting absentees.”

Many secular and liberal members chosen for the Parliament-elected assembly have publicly decided to withdraw in protest. Some legal experts claim that as a result, the new constitution will not be legitimate.

Mohamed Nour Farahat, constitutional law expert and former head of the military junta’s Advisory Council, told Al-Masry Al-Youm the People's Assembly could issue a law stipulating that the constituent assembly be re-formed using new standards for membership.

London-based newspaper Al-Hayat reported Thursday that the head of the Supreme Council of the Armed Forces, Field Marshal Hussein Tantawi, would hold a “decisive” meeting with political forces Thursday to discuss the constituent assembly controversy.

Translated from Al-Masry Al-Youm

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Egypt’s next constitution will not be legitimate became of the frequent withdrawals of members elected to the constituent assembly, law experts say.

Many secular and liberal members of the Parliament-elected panel tasked with drafting the new constitution have criticized its Islamist-dominated makeup and decided to withdraw.

Constitutional law expert Mohamed Nour Farahat proposed two ways of resolving the issue. He first suggested that Parliament issue a law on standards and procedures for the formation of the assembly.

“Then a joint meeting for the People’s Assembly and Shura Council members elected to choose the assembly members should be held. The assembly should start its work by wide consensus and not be seized by a specific political group,” Farahat said.

Farahat proposed outlining the new standards of the assembly formation.

“One-third of the members should be law professors and constitutional experts. The second third should include representatives of civil society organizations. The last third should represent all political parties in Parliament equally. Representation of women, Copts, Nubians and residents of remote areas should be considered.”

Farahat said a second solution is for the Supreme Council of the Armed Forces to issue a constitutional declaration with standards and procedures of forming the assembly, and then it should be re-formed. Farahat hinted that this solution would be used if Parliament is reluctant to re-form the committee.

If the current situation continues — especially after the Supreme Constitutional Court representative elected to the assembly withdrew — “the new constitution will be illegitimate,” Farahat said.

Meanwhile, legal expert Yehia al-Gamal said the only solution is for the Administrative Court to rule that the assembly’s formation is unconstitutional.

“In case the assembly resumes writing the constitution amid objections, we will be going through a critical period in light of a belief by a specific political faction that it’s everything, while the others are nothing,” Gamal said.

He said this would be similar to what the former ruling National Democratic Party did in 2010, which sparked the revolution.

Translated from Al-Masry Al-Youm

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Seventeen members of the National Association for Change and constitutional experts on Wednesday filed a lawsuit against the head of Egypt’s military council and legislative leaders to stop a plan for forming the constituent assembly that will draft a new constitution.

Parliament had earlier approved a plan in which half of the assembly would be made up of MP's from within its ranks. 

Gaber Gad Nassaar, a constitutional law professor at Cairo University, filed the lawsuit on behalf of the complainants against Field Marshal Hussein Tantawi, People’s Assembly Speaker Saad al-Katatny and Shura Council Speaker Ahmed Fahmy.

The lawsuit claims the proposed constituent assembly makeup violates Article 60 of the Constitutional Declaration, specifically the equal opportunity principle, because it allows Parliament to contribute as many members to the assembly as the entire nation.

Included in the legal complaint is the claim that electing half of the assembly from Parliament will “reproduce the regime of ex-President Hosni Mubarak with all of its constitutional defects.”

Parliament’s hegemony over the process of constitution writing, the lawsuit says, violates democratic tradition in constitution drafting.

National Association for Change General Coordinator Abdel Galil Mostafa, media professional Hamdy Qandil, former Democratic Front Party chief Osama al-Ghazaly Harb and constitutional experts Yehia al-Gamal and Mohamed Nour Farahat are among those who signed the complaint.

Some other political figures have also rejected Parliament’s decision to approve the constituent assembly plan.

On Monday, Supply and Social Affairs Minister Gouda Abdel Khaleq criticized the Islamist-dominated Parliament’s control over the process of drafting the constitution.

Presidential hopeful Hamdeen Sabbahi demanded that no current MP's serve on the assembly.

Candidate Amr Moussa in a statement Monday demanded a review of the representation percentages, asserting the importance of balance in the assembly to embrace all political groups in Egypt.

The Constitutional Declaration issued in March last year stipulates that Parliament will appoint a 100-member constituent assembly to draft the new constitution, which then must be put to a public referendum no more than 15 days after its completion.

Translated from Al-Masry Al-Youm

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The death of Pope Shenouda III dominates the front pages of all the newspapers today, a day after the first day of his body’s viewing at the Abbasseya Cathedral. The pope died on Saturday night, after press time for most newspapers, and so many are printing their first Shenouda-related post-mortem stories.

State-run Al-Akhbar says that the line to view Shenouda’s embalmed body is 3 km long around the cathedral. Independent Al-Shorouk says that the three-day viewing will alter the course of traffic in Abbasseya, a crowded downtown neighborhood and juncture, as long as Shenouda’s body is still on display.

Al-Wafd party paper says that many of the mourners went to the cathedral on foot as a pilgrimage of sorts. Al-Wafd provided the most comprehensive coverage, posting a 10-page spread about the pope’s death and life and what is to come for the Coptic Orthodox Church. They indicate that the coming days will see an entire shift in the structures of authority in the upper echelons of the Coptic Church.

In the Muslim Brotherhood’s party paper, Freedom and Justice, the most important item of news was the fact that the Brotherhood Supreme Guide Mohamed Badie and FJP head Mohamed Morsy made the trip to pay their condolences. Their story is largely devoid of any emotion, reading instead like a dry article about a local authority paying respects to a foreign ambassador.

The nominations for the 118th pope will start this coming Friday. Tuesday will be the last day of viewing before he is buried at the Bishoy Monastery in the Wadi Natrun area, Egypt flagship paper Al-Ahram says.

In other news, 21 professional syndicates and associations are nominating names to represent them in the constituent assembly, which will write the constitution, according to Freedom and Justice. Parliament voted to split the constituent assembly between members of Parliament and external figures who will be elected by Parliament. MPs are also putting their names forward, including one perennial sycophant, Mostafa Bakry.

A group of lawyers and legal activists, however, are appealing Parliament’s decision to split the constituent assembly, saying it contradicts Article 60 of the Constitutional Declaration, Al-Ahram says.

 Legal scholar Mohamed Nour Farahat says Article 60, which states that Parliament will vote on the constituent assembly members, insinuates equal opportunity for anyone wishing to be nominated for the assembly. Cordoning off 50 percent of the seats for the MPs means unconstitutionally monopolizing that number of seats, Al-Ahram quoted Farahat as saying.

Political parties are also handing in their nominations for MPs they would like to represent them in the constituent assembly. The number of seats each party gets will likely correspond to their representation in the People’s Assembly, Al-Shorouk says.

Also, Parliament’s legislative committee took the first step toward kicking out former Nour Party MP Anwar al-Balkimy by lifting his diplomatic immunity, Al-Wafd says.

In a series of events not vastly different from a daytime TV drama, Balkimy lied about having undergone a nose job, instead claiming to have been beaten up and robbed at gunpoint.

According to Al-Shorouk, Balkimy has admitted he lied and is now awaiting dismissal from Parliament as a result. However, Al-Akhbar reports that Balkimy he requested having his diplomatic immunity lifted so that he can speak with freedom about the case.

This means Balkimy could be about to reveal some truths that would explain why he lied about the nose job. A deviated septum, perhaps?

Presidential nominations are still happening, which means newspapers are still competing on finding the funniest-looking presidential hopeful to photograph and display.

Al-Akhbar is the clear winner today with a photo of the mop-headed horologist wearing a too-small vest under a too-large blazer, with a caption saying, “Please patronize me.”

Al-Wafd gets an honorable mention with the “oh so serious” peace sign waving lawyer.

Otherwise, on the campaign trail, allegations of fraud are already cropping up.

According to Al-Shorouk, two workers from the notary public’s office are under investigation for forging signatures of some candidates. Independent candidates need 30,000 of these to be officially nominated. Al-Akhbar broke news that workers in many Hurghada tourist resorts were forced to sign agencies for Ahmed Shafiq, who is widely seen as the closest thing to Mubarak running.

The Muslim Brothers have rejected a proposal to nominate their second-in-command, Khairat al-Shater, for president, according to Al-Shorouk. Freedom and Justice says that the Brotherhood youth are fully committed to whoever the Guidance Bureau decides on as a presidential candidate.

Foot and mouth disease afflicting livestock is still a problem. Al-Akhbar says that demand for meat has decreased by 75 percent lately. Fish, chicken and dairy prices are likely to skyrocket, according to Al-Wafd. Meanwhile, Prime Minister Kamal al-Ganzouri promised to compensate livestock owners for their loss, Al-Ahram says.

Ganzouri is also in the process of trying to tie down some funding from the International Monetary Fund, in a replay of a scene that has played out several times this year. Planning and International Cooperation Minister Fayza Abouelnaga — one of the parties responsible for bringing NGO workers to trial on charges receiving illegal foreign funding — is part of the negotiations. According to Al-Akhbar, she said that a deal has been reached again, with the IMF supporting the Egyptian budget.

But Al-Shorouk quotes the IMF as saying a deal has not been reached, and it depends on political groups agreeing the plan.

The generic version of Viagra is down to LE10 from LE27, according to both Al-Shorouq and Al-Ahram on their front pages. The Health Ministry agreed to the new price based on a request from the pharmaceutical company that produces the drug. Al-Ahram coupled it with a public service announcement, calling the notion that drugs can increase your libido a “Roman myth.”

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-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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