Feb 272011

Why reject the Constitutional Amendments

by Ashraf Elibrachy on Sunday, February 27, 2011

Sobhi Saleh, a member of the judicial committee appointed by the military council, told Reuters news agency, that the army is set to cancel a law which gave ousted president Hosni Mubarak’s administration the power to decide who
was allowed to form a party, .

The panel is also expected to call a referendum in March on historic changes to the constitution unveiled on Saturday, including reforms that will open up competition for the post of president which Mubarak held for 30 years.

Both steps will be milestones along the road to elections, which officials have signalled could happen within months.

Egyptians hope for a new democratic era, though some are concerned that the transition from decades of autocracy is too fast.

“The military council hands power to the people in a gradual process,” Sobhi said.

“The parties law will be cancelled.”

The current procedures of the Supreme Council of the Armed Forces:

A committee to amend the Constitution. Referendum to amend the Constitution. Elections to the People’s Assembly. Elections to the Shura Council. Presidential elections.

The formation of a legislative committee to draft a new constitution in the first combined meeting of the People’s Assembly and Shura Council.

Flawed procedures

  • Continuation of the prohibition of the establishment of political parties until the Council decides otherwise, the next people.
  • Not to change Article 87 of the Constitution, under which are the parliamentary elections:

A. According to the constituencies, and these departments do not reflect the population density per cycle

B. Electoral card does not obviate the possibility of them out there where the number of national voting cards issued under fictitious names will not be canceled.

C. The direct supervision of the elections of the chamber by the army and the police, note the date record of the police in the elections.

  • Does not have a Supreme Council to take any action against the former carrying out political crimes (rigging previous elections, etc.) – such as military tribunals, which announced its against the law breakers and thugs – that is excluded them from running in upcoming elections or to prevent them from doing rigged.
  • Accordingly, those who will not represent the real revolution in the People’s Assembly and Shura Council, which will be limited to existing political forces before the revolution (the NDP and Muslim Brotherhood).
  • Total reliance on the People’s Assembly and Shura formers as aforesaid in the formation of the founding committee for the drafting of the constitution and amend the laws of political parties and parliament.

The right direction:

  • What’s the easiest to the Supreme Council to form a constitutional commission directly from the senior jurists, lawyers, judges and advisers rather than by councils that are questionable in their representation of the real people and councils, half of the workers and peasants is a knowledgeable and professional written constitutions.
  • We do not need to elect people to be the only role is to form a constitutional commission completed its work when the Council resolved to re-election of its members in accordance with the new Constitution.
  • I do not imagine that the Council of the people who are elected in accordance with the Law of the People’s Assembly will amend the current conditions of membership or of the procedures for electing members to the face may adversely affect those members when re-elected.
  • Should be made to form a committee of legal experts to draft a constitution to ensure a parliamentary freedoms and includes all the conditions required in the legislative council members and the President and the executive (ministers) and the procedures elected without reference to laws in determining any of the above.
  • Allow without delay the establishment of parties notified. What is the easiest to the Supreme Council issued a statement that a constitutional stop the constitution to pass a resolution granting the right to establish political parties notice and the abolition of the law of parties, including its committees.
  • True version of a decision to dissolve the National Party and the return of all belongings of the State without prejudice to the right of its members in the formation of parties on their own expenses so as to prevent party members from the exploitation of state funds to nominate for the upcoming elections.
  • If the Supreme Council does not wish to prolong his presidency what it is easier to entrust the presidency to a presidential council composed of the judicial bodies during the transition period.

Summary, you should focus on the following:

  • Quick formation of a committee to draft a new constitution.
  • Immediately allow the formation of political parties and trade unions to all the classes as soon as the notification on the principles of the party to be objective and not slogans, whether political, religious or otherwise, never mind to have a religious or ideological or political.
  • Be allowed to call all national elections would be made available to all Egyptians, including Amotrbeyen – they are more than nine million Egyptians – may not be deprived of their voting rights.
  • Subject all elections and referenda to judicial supervision and to direct international supervision when attached to the Constitution.
  • To defer any further requests until the verification demands. When achieved these demands will lead to check all the other demands there is no need to split and behind the demands of other than the need to restructure the security of the state that this requirement was the consensus.

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