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In the cabinet room Mubarak's portrait
is removed on 13/02/2011. The construction of a new republic
begins ... |
A guest post by Björn Bentley The second Egyptian Republic ended on 13/02/2011 with the takeover of the military. That after the six month transition period begin a new, third republic, the Constitution must be adequate only found through discussion and compromise, is already clear. But between the two republics is to amend the Constitution of 1971, which is due now, and will make the transition first. In just ten days, a committee appointed eight judges and lawyers has prepared a draft amendment. The details of the procedures in the constitution will determine how democratic and clean to drain the transition to a civilian government. They control the main principles of the presidential and parliamentary elections and now arrange the power structure of government or the participation of Egyptian civil society new.
The following six articles of the constitution were presented, the change needs now. The likely solutions are not ad-hoc ideas of the Committee, it is preceded by many years of discussions among lawyers and political and social actors back and found a direct relationship instead of the prevailing conditions and practices under the regime of Mubarak.
Baynal-'Asrayn. For the upcoming constitutional amendment between the republics
(Based on the novel "Bayn al-qasrayn" (Between the Palaces) vonNagib Machfuz. )
"On 25 January, the government lost its legitimacy, "said Zakariyya 'Abd al-Aziz, the former chairman of the Judges' Club in early February 2011 on the Tahrir Square. On 2/13/2011 he ended the second Egyptian Republic (1952-2011). That after the six-month transitional period, a new Third Republic is sought is already intended. Unddazwischen are now before the constitutional changes that will make the Übergangvon the second to the third republic possible. Egypt magaus the focal points and headlines to be advised of the resignation of the big questions-autocrat Mubarak, dissolution of parliament - have been resolved, anda compact Message-place, such as about who the next president is, etc., not yet in sight. Nevertheless, the country is in an exciting phase, the details are important and deserve more attention. Diefolgenden pages have no opinion article but will hopefully help rich collection of information and starting points.
The proposed constitutional changes in 2011
Am 25.02. 02.26.2011 or a draft amendment to the 1971 derVerfassung presented. He will most likely cover the following six articles:
- Articles 76 and 77 regulate the requirements for candidacy for the presidency and the office of the President. It is expected that the term of office to two four-year limited, and significantly simplifies the candidacy. In addition, the Vice President will be determined by future elections.
Article 76 was amended before the Wahlen2005, on the one hand the first time and pressure from the U.S. and derägyptischen protest movement, several presidential candidates to accept the other hand, keep the chances of opposition challenger to start small. A Vice President has given it not for decades, the appointment of 'Umar Sulayman in January 2011 was thus an gewichtigesZugeständnis been that impressed but no more.
- The Article 88 regulates the supervision of the elections, the future is to fully and without restriction in the hand of judges. They have just won in denletzten years a lot of confidence in the population and apply gutemGrund as a guarantee of clean elections.
Electoral Supervisory Kontrolledes means the whole process, from voter lists of the Abstimmungbis for counting and announcement of results. So far that was passed in 1971 created derVerfassung principle of election supervision by the Judikativeaufgeweicht, and 2007 through a constitutional amendment ausgehebeltworden. The background was a confrontation between the judiciary undRegime in 2005 and 2006 that led to large demonstrations undAusschreitungen. The judges had threatened to boycott dieWahlaufsicht for more independence for the judicial system to impose. The risk to the legitimacy of the elected Parliament ina eempfindlichen measure.
They were also the conditions under Mubarak brazen and clumsy electoral fraud in the Parlamentswahlen2010 possible only through the overthrow of judicial supervision. DenWahlen in the 2000 and 2005, the regime is still with the Beschränkungder supervision on large polling stations, the creative interpretation of "election supervised by representatives of the judiciary", the hand-picked selection vonleicht influenced judges, bonus payments for complacency undfinanziellem pressure resistance and other indirect strategies begnügt.Lediglich outside the polling stations provided for offensichtlichereRechtsverstöße paid thugs and intimidation. The changes have now become known in advance of 2011 to stop such softening. DerWahlvorgang will be completely controlled by incumbent judges, dieOrganisation the elections even take place in courthouses and no longer under the control of the Interior Ministry, are directly related to the arbitrariness undRepressionen is connected.
- The Article 93 regulates the powers of parliament to decide on the Rechtmäßigkeitder membership in Parliament itself. Because of this Artikelskam said it time and again that the choice vonAbgeordneten Egyptian administrative courts in large numbers to be illegal and void, the judgments dasParlament not been realized. Likely to transfer this responsibility to a court.
Since electoral fraud undUnregelmäßigkeiten in varying degree for decades to policy imautokratisch ruled Egypt include much of the judiciary but relatively independent works and also a public interest in the independence of stock was the Article 93 has often cause of tension. Was repeatedly parliaments retroactively declared unconstitutional (elections of 1984, 19,871,990), after the 2005 elections demonstrated independent investigation of the Egyptian Judges' Club, were fraudulent elections in many districts, whereupon Verwaltungsgerichtedie elections declared in these districts to be invalid, the vote but lack decision of Parliament in office. As for the Parlamentswahlen2010 judgments existed, who ordered the stop of the elections for 184 seats and thus invalid imParlament did that was now dissolved parliament may never constitutional. There was also a dispute between the High Administrative Court and the Election Commission Derwahl over the responsibility for complaints of irregularities while. In the days between the outbreak of protests in January 2011 and demRücktritt Mubarak, Parliament and his election was part derVerhandlungsmasse between Vice Sulayman and the opposition.
- The 179 should be deleted. He is, since the constitutional amendment before von2007, the president the possibility of military accused undSondergerichte-set when she was accused of a terrorist act werden.Das been an important tool to control and intimidate political Opponents.
This authorization has ThePresident under the emergency rule applied regardless of the nature of the complaint and siewurde under Mubarak often to bring civilians from the camp of political opponents by military and special courts. This is a circumvention derregulären Justice, which is not as well controlled as today's special courts, whose predecessor was introduced after the 1952 revolution, because we thought belonged in the courts of representatives of the old regime. DieVerfassungsänderung of 2007 should allow the removal desAusnahmezustands perspective without losing the ability to make opponents vorbotmäßige special courts. The release was already über100 of prison inmates with Islamist background, and the debt nachFreilassung all other political prisoners is due to this practice.
- The Article 189 regulates the conditions for modifying the Constitution. DieWahlfälschungen and influences of recent years also served the objective of the ruling party the necessary majority for constitutional change in Parlamentzu secure. Constitutional amendments as requested by the President Mubarak gave esbeispielsweise 2005 and 2007. Any constitutional amendment must be approved by referendum vomVolk.
The Constitutional Committee and its functions
The High Council of the armed forces took over with his fifth statement am13.02.2011 the leadership of the country (see below). In the same statement, the High Council Announced the appointment of a committee, it is to prepare the constitutional amendments. The committee began its work at on 02/15/2011 and is said to have constitutional amendment to 02/25/2011 Completed a draft. Proposals for legislative changes that are necessary during derÜbergangszeit should be 15.03.2011vorgelegt within a month to the. In general, the Committee received the task Aufhebungdes emergency, the constitutional referendum and parliamentary undPräsidentschaftswahlen prepare within the transitional period of six Monatenlegislativ.
In the fifth statement of the High Council (13/02/2011) states: "[The social progress] process is achieved durchdie realization of an atmosphere of freedom and democracy, by implementing changes to the Constitution and the legislation that dielegitimen claims that has brought our great nation during the last days expressed [..]. The High Council of the armed forces has Denfer and unshakeable belief that human freedom, legal protection, the promotion of equality, democracy and sozialerGerechtigkeit and the elimination of deep-rooted Corruption dieGrundsätze any legitimate government, the country will cite in the future. "
The current constitutional committee had a predecessor who set up was still under President Mubarak, and met on 02/09/2011. It should - the protests were already invollem Gang and Vice President Sulayman sought negotiations with representatives derOpposition - to alter the same six articles of the constitution as the jetzigeAusschuss.
Likely changes in the law during the transitional period
The most important legislative proposals concerning the organization and the founding Derwahl and registration of parties.
The urgent webs set changes relate to the "Law for the exercise of political rights" and the law governing the organization of presidential elections was regelt.Bereits now known that the admission of parties to new and wenigerrestriktiv to be regulated, details will be discussed but still. Vonder the NDP-controlled party committee was one of the instruments could be managed effectively with those who form up opposition forces inParteien legally. Applications of the Muslim Brotherhood affiliated persons or members for approval of a non-denominational creator Party (hizbal Wasat, centrist party) have for years routinely rejected. In denspäten 1980s and 1990s had therefore a long part oppositionellerTätigkeit shifted to other organizational forms, such as in dieGewerkschaftsbewegung and professional chambers.
addition to the Electoral Supervisory dieJudikative by the Prime Minister will probably come in the future of the largest faction in parliament. The elections office will soon bzw.Legislaturperioden positioned so that first the Parliament is elected and the president then before the House of Representatives the Amtseidablegt.
The composition of the Constitutional Committee
The eight members of the Committee were derStreitkräfte by the High Council chosen and tailored its tasks in an interview on 14/02/2011 mitdem chairman of the High Council.
put in the selection of the Council, alongside the expertise, apparently (several university professors, three sitting judges, a Copt, a Muslim brother,) to a value ausgeglicheneZusammensetzung. None of the current and former judge had one of those key positions (President of the Constitutional Court, Präsidentdes Cassation, Minister of Justice) held and owned directly vomStaatspräsidenten Mubarak appointed. Instead, it is umhochrangige judges were elected by the circle of their colleagues in their offices. The demonstrated independence from the old regime.
• Chairman: Judge Tariq al-Bishri, former vice chairman desStaatsrats
• Dr. 'Atif al-Banna, a professor at Cairo University fürVerfassungsrecht
• Hasanayn Dr. 'Abd al-'Al, Professor of Constitutional Law
• Dr. Muhammad Yunus Mahi, Professoran Alexandria University
• Subhi Salih, agents and attorneys of the Supreme Court derMuslimbruderschaft
• judge Mahir Sami Yusuf, President of the High Constitutional Court stellverstretender
• judge Hasan al-Badrawi, Vice President of the Constitutional Court
• Hatim Bajatu, Chairman reunification of the lawyers at the High Constitutional Court
The predecessor committee (see above), however, was led by Dr. Siyam, the President of the Court of Cassation undqua Department Chairman of the High Judicial Council. Dr. Siyam was directly vomStaatspräsidenten appointed and sat at one of the switching points for Beeinflussungder justice.
Tariq al-Bishri
The Chairman of the Constitutional Committee is a former high court in the administration of justice. He is widely regarded alsglückliche choice and be independent. Al-Bishri has worked intensively with derHerausforderung as a religious and moral impetus inrechtsstaatlichen structures can be expressed, and enjoys reputation of undRespekt political circles about the Richerschaft to the Islamist opposition.
Tariq al-Bishri alsSohn 1931 was a lawyer and grandson of a high- religious scholars geboren.Lange years he was Deputy Chairman of the State Council, which is derägyptischen administrative courts, which are summarized in the State Council, he was retired 1998th
He was an important voice within the internal justice reform movement of the 1980s and 1990s. In seinem2006 book "The Egyptian judiciary between independence undKooptation" had al-Bishri summarized the concerns of the judiciary andin a slightly idealized look back at the liberal era in Egypt before derRevolution 1951 the ideal of separation of powers against the younger systematic interference by the executive and unlawful practice Ender Mubarak Annual contrasts. He may not be the originator of the receivables derRichterschaft from 2005 and 2006, firmly rooted in the discourses that he is always hanging together. Therefore, Al-Bishri's book von2006 as a blueprint, or at least a guide and are for diezukünftige Constitutional Development in Egypt as the list of demands desRichterclus from those years.
What al-Bishri term in the present situation to a good candidate for the Presidency of the Verfassungsausschussesmacht is that he established derOpposition both the Islamic argumentative parts as well as political parties are inclusive of NDPakzeptabel. His legal views on many legal issues are known, he is a credible advocate of separation of powers undDemokratisierung and a judge with clear sympathies and dedicated religious convictions. A basic problem of Arab politics, which al-Bishri mainly devoted in the 1990s ("Between Islam and Arab nationalism" von1998, "between the religious community and the national community impolite thinking" from 1998) is the separation of a nationalist secular discourse and an Islamic political discourse. It analyzes how such allocation would lead to a social divide that is increasingly hard way inproblematischer bridged. In a book of this dilemma he 2002sieht partially at least mitigated or overcome it, because a better understanding of the basic principles of togetherness derpolitischen (religion and Arab descent) gewordensei possible. As a new threat to Arab society, he makes more alsvorher from the influence of Western countries, both culturally and politically and economically.
The High Council of the armed forces
With his fifth statement set the High Council of the armed forces am13.02.2011 the constitution, both chambers of Parliament Dissolved of and announced an interim period of six months.
In the six months to last dieVerfassung, accepted the amendment by referendum, new elections should be conducted end of Parliament and for president. Constitutional undGesetzesänderungen to implement the will of the people, as he has articulated during derRevolution. The military council has announced repeatedly elects not own candidate in the presidential elections. Derstraffe timetable for the transition period and the rapidly initiated first steps are no doubt raise the predicted rapid transition zueiner civil government. In this context, the criticism to see amVerfassungsausschuss, independent NGOs and lawyers dafürkritisiert is that he does not vote with the people looking, anyway, the 1971 Constitution was no longer suitable for the changed circumstances, because the second de facto Republic of Egypt was over. The HoheRat has described the creation of a new constitution in a broad discussion with all segments of the population but the task of the future civilian government.
The Chairman of the High Council The armed forces, the Defense Minister Field Marshal Muhammad HusaynTantawi. Admiral MamduhShahin, Secretary of Defense for Law undVerfassungsfragen; Admiral Muhammad al-'Assar, State: Three more unnamed members imVerteidigungsministerium; Admiral Mukhtar al-Mulla.
policy in the period of transition
is true even after the dissolution of Parliament, shortly before vonEx President Mubarak appointed government of Prime Minister Lieutenant-General Ahmad Shafiq continue in office, but the High Council of the armed forces there, the make guidelines before and is in the process of profound change ampolitischen system in Egypt. Working with a Regierungdes old regime may seem contradictory, but has the advantage that their experience and expertise can be used. One would be specially set by government technocrats in the case raised by failures also much more directly with the ruling military related.
derlaufenden An example of a system changes is the restructuring of the police authorities in all provinces of the country, implementing the Home Office with its existing structures on the instructions exactly. Another example is dieVorbereitung the constitutional amendment by the arbitrarily appointed Gremiumdes constitutional committee.
The government Shafiq
The government of Lieutenant-General Ahmad Shafiq, consisting ausvorerst only 14 ministers will be on 31.01.2011 by President Mubarakeingeschworen. The Cabinet - Several items were taken up at later stages, with one half containing representatives of the old guard, but the other new faces. Particularly striking is the exclusion of the successful businessmen who had dominated politics under the previous Prime Minister Ahmad Nazif and the new minister with a military background.
The excluded business people who are placed with Hosni Mubarak's son Jamal related are: Habib al-'Adli, Faruq Husni, Hatim al-Jabali, Zuhayr Jarana, Rashid Muhammad Rashid, Ahmad al-Maghrabi.
The composition of the new government is as follows (1-12, the new ministers are)
first Prime Minister Field Marshal Shafiq Ahmad
second Majdi Mahmoud, interior minister
third Ibrahim Mana ', Minister for Aviation
fourth Yahya 'Abd al-Majid, Minister of crude Affairs Consultative Assembly
fifth Dr. Farid Ahmad Samih, Health Minister
6th ; Dr. 'Abdallah al-Husayni, Minister for religious foundations
7th Samiha Fawzi, Minister of Trade
8th Jabir 'Asfur, Culture Minister
9th Dr. Ayman Farid Abu Hadid, Agricultural Minister
10th Dr. Fathi al-Baradei, Housing Minister
11th Admiral Muhsin at-Ni'mani, Minister for Local Development
12th 'Atif' Abd al-Hamid, Minister of Transport
13th Deputy Prime Minister Field Marshal Muhammad Husayn Tantawi undVerteidigungsminsiter
14th Zahi Hawwas, Minister for Antiquities
15th Mufid Shihab , Minister for Legislation and dieVolkskammer
16th Sayyid Mash'al, Minister of State for war goods
17th Samih Fahmi, Minister of Petroleum
18th Dr. Hasan Yunis, Minister of Electricity and Energy
19th Mushira Khattab, Minister of State for Family undBevölkerungsfragen
20th Ahmad Abu l-Ghayt, Foreign Minister
21st Fayza Abu n-Well, Minister for International Cooperation
22nd Juruj Majid, Minister of State for Environmental Affairs
23rd Anas al-Faqi, Minister for Media
24th Tariq Kamil, Minister of Communications
25th Dr. 'Ali al-Musaylahi, minister for social cooperation
26th 'A ʾ isha' Abd al-Hadi, Minister of Manpower
27th Dr. Hani Hilal, Minister of Higher Education Research undwissenschaftliche
28th Mamduh Mar'i Magistrate, Justice Minister
The political forces
The High Council has the right and does his temporäreLegitimität it to implement the demands of the population. This is the practical problem, andcommunicating cooperate with whom and how the High Council. The Parliament is dissolved and had already lost its legitimacy at the beginning derProteste, the legal opposition parties are nureinen section of the social reality from Egypt. Daspolitische environment is less of established parties and institutions identified as increasingly new groups and established informal Bewegungenund currents. These are referred to in the Egyptian press as "the political forces". A full explanation is not possible.
communicates the High Council of a statement direct talks - the editors were invited to the major Arab newspapers shear conversation - its own Facebook page undseit recently even on the visit of some of its members in Diskussionsrundenim television. On the transmitter "Dream" had three members of the High Council its stated policy and discussed with the guest presenter and another. teamed
Even before the outbreak of the protests had, in addition to the National Organization for change, the al-Baradeiunterstützte, a number of other groups. The "Volskparlament" for example is an initiative of former MP and angesehenerPersönlichkeiten who wanted to create officially parliament after the 2010 elections as an alternative to that in which the bill by the government could be freely discussed.
Since 25 January, youth revolution When more flows to speakers or at least parts of the. There is the "coalition of youth," the "youth the 25th January, "the" union of the youth of the revolution "and of course the youth organization Ender traditional parties, which are found in at least zuPressekonferenzen across party lines. Even before this year's protests were Esdi Facebook group "Youth of the 6th April "in memory of the working balance end of 2008.
formed during the protests out then spontaneous action groups, the Safe Neighborhoods, escaped convicts and looters firmly set, price controls beikrisengewinnlerischen transactions for goods of daily life, introduced, or just the street cleaning and water supply derDemonstranten be created. can civil society actors
In particular representatives of the judiciary attention to hope. The confrontation with the regime in 2005 and 2006 (see above) has einzelneRichter of "independence Flow" made nationally known and their demands for electoral supervision and separation of powers to an opposition can be consensual. The participation of Zakariyya 'Abd al-'Aziz, chairman of the Judiciary demehemaligen clubs were in the demonstrations on demtahrir Square immediately noticed and commented on the media. The Judges' Club is self derReformbewegung since the last internal elections no longer under the lead, but members of the "independence of flow" have already begun to collect signatures for a motion of censure against the regime-loyal chairman Ahmad al-Zand.
derGerichte the Assembly, in particular the Council of State and the Constitutional Court may alsdemokratisch legitimate bodies for a vote, legislative action is interesting, since they could occur independently over the old system and amazing act.
Additional facilities include a wealth of new party by ups. On 02/17/2011 reported the daily al-Masri l-yawmvon about 13 start-ups since 25/01/2011. Particularly interesting isthierbei how the Islamist spectrum and the Muslim Brotherhood in derParteienlandschaft is mapped. So far it looks like a Aufsplitterungaus.
The Muslim Brotherhood is officially banned in their headquarters in Cairo, but as well known as leading heads or their representatives in trade unions and professional associations. They also sought after now to formally participate in political life can be. In the parliaments of 2000-2010 dieAbgeordneten as independent candidates were lined up, even formerly alsKandidaten other parties such as the Wafd Party. After 15 years of waiting wurdeam 01/19/2011 establishing the "center party" approved, an interdenominational party with close to Muslim Brotherhood. In addition plantdie Community Starting their own "party undGerechtigkeit of freedom" and the internal reform wing thinking about a "party of reform" after. All statements of the speaker of the Muslim Brotherhood 'Isam al-'Aryanzufolge can call the program of the three the Muslim Brotherhood affiliated Parteiennur as parliamentary democracy and moderate, both in Bezugauf the claims of the Muslim brothers in the society and the state and emerge in the foreign and economic policy. The first official performance of a Muslim brother on national television can be just as normal as seen as the very proper and unexciting classification al-Qaraḍawisals "popular conservative preacher" inÄgypten in media coverage.
future issues
Even after the end of the transitional period it will be exciting bleiben.Dass then it will give a broad discussion on a completely new constitution can be considered safe. The Constitution of 1971 may be changes in the substance mitwenigen quite feasible for a democratic Egypt, a symbol of decades of autocracy, it is nonetheless. The desire nachöffentlicher discussion on issues such as separation of powers is high, independent Tags diewichtigste newspaper has already launched a campaign for a new constitution started, the youth movements and even prominent Judge undVerfassungsjuristen clamoring for a new basis for a new republic.
Here are some questions that could be discussed undangegangen in the coming years:
- What happens to the state media, the television undZeitungen in possession of the government?
Journalists chamber will push for more substantive undunternehmerische freedoms, while many employees derstaatlichen hope the media to a continuation.
- How much independence should have the religious institutions inthe new republic, and how much control and financial support is the state requires?
Since the 1952 revolution, the Egyptian state's control of the institutions of religious life eye deteriorating by the day. Derreligiöse education Al-Azhar schools, kindergartens and Universitätist state as well as the large number of mosques. trained preachers and prayer caller, when State and paid, in the past were increasingly constrained for political campaigns (for example, to call for calm before dem25.01.2011).
- How to design the separation of powers of administration?
A new Justice Act, which makes the specific influences derExekutive is just for the Persons, who contributes to the current term constitutional change and the breadth of the alliance remain Unterstützerszeneder judiciary a key concern. Particular attention is paid to derZusammensetzung of the High Judicial Council and the selection procedures for diePräsidenten the Court of Cassation and the Constitutional Court. That the jetzigeJustizminister Mamduh Mar'i longer than can hold up to the end of the transitional period is feasible due to its open to all attacks not Unabhängigkeitsbestrebungender Justice in recent years.
These are exciting times. And more opportunities tobe optimistic, there was not a long time.
