egypt’s 2014 constitution human rights for all

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EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL

MONA ZULFICARVICE PRESIDENT

CONSTITUTIONAL COMMITTEE OF 50

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A - PROCESS OF PRODUCING THE 2014 CONSTITUTION


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The “road map of the future”

issued by the political and popular

forces of the 30/6 second wave of Jan.

25 revolution against the failed

presidency of former President Morsi,

and supported by the army, provided

for the following constitutional

procedures:


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1 An expert committee of ten (six senior

justices appointed by the Supreme

Constitutional Court, State Council and

Court of Cassation) and four

constitutional law professors

appointed by the Supreme Council of

Egyptian Universities) produced a draft

amended constitution in one month, based

on the 2012 Constitution & the heritage of

Egyptian constitutions since 1923.


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2 A Constitutional Committee of 50 comprising broad & diverse representation:

38 members elected/appointed by diverse

institutions: professional syndicates, labor & farmers

federations, trade unions, writers & artists unions,

student councils, NGO’s fed, national councils (HR,

women, children, disabled), religious institutions (Al

Azhar (3), and the churches (3)), political parties (8

members) MB invited but declined while Al Nour

Salafi party actively participated and political Islam

was represented by 10% under different hats.


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2 members, one representative for each

of the army and the police.

10 public personalities appointed by

cabinet used primarily to ensure

representation of minorities (Sinai,

Nubia, women, Copts) and dignitaries

like Amre Moussa, Sir Magdi Yacoub and

the elected president of Cairo

University).


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3 Committee of 50 produced substantively

a new text of 247 articles (105 articles not

amended, 96 amended and 46 new)

although technically called amendments

of 2012 constitution.

4 Committee of 50 approved more than

95% of articles by consensus and c 5%

by a majority of at least 75% of the

members.


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5 Draft delivered to interim president

on December 3, 2013 and

endorsed in a public referendum on

Jan. 14/15, 2014 by c 98 % (around

20 million votes) with a turnout of c

39% of voters.


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B – MAJOR CHALLENGES BEFORE THE CONSTITUTIONAL

COMMITTEE OF 50


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1 Consensus building Vs diverse

composition of Committee of 50.

2 Consensus building in context of

transition Vs fears of failures of the

past, and polarization created or

deepened by 2012 Constitution:


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High unfulfilled expectations

during transition period: the

masses of 30/6 revolutionary wave are

still yearning for bread, freedom,

human dignity and social justice

claimed by 25 Jan popular revolution

under difficult economic and social

conditions.

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Rule of civil law Vs religious law:

The rule of law, all inclusive equal

citizenship, democratic, pluralistic, civil

Egyptian state Vs a religious state

allowing discrimination against women,

non Moslems & children, as well as

limitations on human rights,

fundamental freedoms, and breach of

independence of the judiciary.


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Pressure of Interest Groups:

The recipients of spoils/benefits under

2012 Constitution (MB, religious

parties & movements, conservatives),

as well as non MB interest groups

defend acquired benefits like 50% one

time quota for workers & farmers,

SCAF on MT & Al Azhar on standing.


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Fear of creating another dictator:

New presidential recall/impeachment

articles, detailed protection on

independence of judiciary/interim protection

of MofD: approval of SCAF required for two

presidential terms (8years) to appoint

Minister of Defense but he may be

dismissed like any other minister upon

Parliamentary approval.


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3 Pressure of terrorist attacks in Sinai & elsewhere.

4 External pressures on Egypt attacking 30/6 revolution.

5 Time for completion quite short: 60 days.


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To face those challenges, Committee

of 50 decides on consensus or at least

75% majority of members to pass draft

articles of constitution (2012

Constitutional Assembly: consensus or

at least 57%), broad consultations with

civil society, and 60 business days.


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C - SIGNIFICANT FEATURES OF 2014

CONSTITUTION –ADDRESSING THE

CHALLENGES

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1 Confirmation of the Principle of Citizenship/Rule of law/Inclusiveness

Citizenship stated in Art. 1 as one

of the pillars together with the rule

of law of the State’s democratic

system;


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Principles of Sharia defined as general

public policy principles which must be

respected by legislator consistent with

basic human rights, as defined by SCC,

reinstated in Art. 2 as principal source

of legislation, eliminating features of

religious state;


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Equality before the law without

discrimination based on religion, belief, sex,

race, origin, color, social or political

affiliation, geographic location, disability or

any other reason; Discrimination and

incitement of hatred are crimes and a

commission for equal opportunity and non

discrimination for monitoring compliance

(Art. 53);

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Freedom of belief absolute and

building places of worship for 3

main religions to be regulated by

law (Art. 64), right to legal

recognition & official documents on

personal data (Art. 6); a new law on

building & repair of churches (Art.

235);

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Equal opportunity without

discrimination and particularly

with respect to holding public

offices (Art. 9 & 14);


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Protect the human rights of

women, children, persons with

disabilities, the elderly, youth and

citizens living in poverty or in

remote or marginalized regions;


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Eliminate discriminatory

provisions depriving former NDP

members from exercising their

political rights for ten years and

no exclusion or deprivation of any

other political groups;


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Require appropriate

representation of women,

Christian citizens, youth, persons

with disabilities, workers &

farmers & Egyptian expats in first

parliament following new

constitution approval;


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Recognize cultural diversity

and pluralism as part of the

Egyptian cultural identity to be

protected by the State.

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2 Basic human rights for all is our road to democracy and social justice:

Bill of rights/civil & political rights are protected.

NEW PRINCIPLES:

• Protection of human dignity;•Prohibition of all forms of torture, trafficking and arbitrary forced displacements;•Right to life and security of body free from mutilation or assault;

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• Freedom of information, press and

expression including literature and

arts, while restricting the right to

impose imprisonment as penalty

except for incitement of violence,

discrimination between citizens and

impingement of any individual’s honor;

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• Right to personal freedom, privacy and right to

peaceful protests;

• Freedom of association: establishing NGO’s and

political parties by notice, but no parties or political

activities permitted if based on religion,

discrimination based on sex or origin, geographic

or sect affiliation, or if against democratic

principles;

• Political rights and guarantees of free & fair

elections;


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Social, economic and cultural rights are

protected. Special priority is given to the

right to education, higher education,

health, scientific research, fighting poverty

and unemployment, right to food & clean

water, safe and healthy housing, a clean

environment, social & health insurance as

well protection of farmers’ and workers’

rights.

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3 Women’s Rights (Arts. 6, 11 and 180)

Ensuring achievement of equality

between women and men in all civil,

political, economic, social & cultural

rights is an obligation of the state;


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Right to give nationality to children on

equal basis with father and;

Measures to ensure appropriate

representation in parliament: basis for

affirmative action, and allocation of 25%

of local councils seats to women, in both

cases without a maximum time limit;


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State to guarantee women’s rights to

hold public offices, appointment as

sitting judges and other judicial offices

without discrimination, and protection

against all forms of violence.


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D - GUARANTEES OF IMPLEMENTATION

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1 Minimum government

spending on education, higher

education, health and scientific

research, defining objectives

and quality standards.


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2 Art. 92 inalienable rights

and freedoms may not be

suspended or reduced.


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3 Art. 93 Egypt is bound by all human

rights agreements, covenants &

conventions it has ratified which shall

have the force of law upon

publication. This makes such

documents readily enforceable

without having to be passed as laws.

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4 Art. 99 any violation of privacy,

personal freedom or any other human

right or freedom guaranteed by the

Constitution is a crime and victims may

file action directly against perpetrators.

NCHR is entitled to claim and may join

victim with his/her approval in filing

civil claim.

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5 Art. 226 no constitutional

amendment may be approved by

Parliament with respect to the

principles of freedom and

equality or extension of the two

terms of the presidency.


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6 Accountability of executive

power to Parliament and local

councils, review by

independent control agencies

and councils.


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7 Supreme Constitutional Court

precedents apply

proportionality in considering

claims for unconstitutionality

of laws and monitor

compliance with the

Constitution.


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8. Rule of Law and Independence of Judiciary (Part IV & Chapters 3 and 4 of Part V)&Art.204

Judges are independent & immune to dismissal, subject

only to authority of law which sets conditions for appointment,

secondment & retirement, and disciplinary accountability.

This applies to all judicial bodies (Ordinary Courts,

Administrative Courts, SCC and MC) which comply with ICCPR;

Contrary to all previous Egyptian Constitutions, scope of

jurisdiction/guarantees of independence are set forth in

Constitution to protect against political abuse.


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Exceptional cases in which civilians may be tried

before military courts exclusively listed in

Constitution to avoid abusive expansion of

jurisdiction by law during former President Mubarak

(crimes that constitute direct assault on military

facilities or military personnel by reason of

performing the duties of their office). NCHR

recommended in UPR that these exceptional cases

be applicable during war, mobilization and armed

conflict.


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Limited secondment of judges to cases

specified by law.

Full oversight by Parliament over budget &

flexibility to transfer unused funds to cover

shortfalls under approved budget without

Minister of Finance prior approval, subject to

Central Audit Bureau review.


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Governance, Checks & Balances

President may reject laws and may dissolve Parliament for serious cause subject to referendum.

Parliament to approve state of emergency 3+3 months no more.

Parliament may recall the President and call for early presidential elections subject to referendum.

Parliament may impeach the President.

Administrative, financial and economic decentralization with elected councils monitoring performance & having power to relieve executive from office.

Limitation of President’s powers, two terms only & a stronger PM.

Parliament must approve appointment/ reshuffle & may relieve Cabinet or any Minister from office.

egypt’s 2014 constitution human rights for all

Documents

constitutionhuman rights

constitution human rights

expert committee

constitutional law professors

supreme constitutional

draft amended constitution

rule of law

president morsi