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m Reverting possible vandalism by
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== Contents == |
== Contents == |
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=== General content === |
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The constitution ends Egypt's all-powerful presidency, institutes a stronger parliament, and contains provisions against torture or detention without trial. But it would also give Egypt's generals much of the power and privilege they had during the [[Hosni Mubarak]] era.<ref name="NYT20121129" /> Human Rights Watch noted that it provides for basic protections against arbitrary detention and torture and for some economic rights but fails to end military trials of civilians or to protect freedom of expression and religion.<ref name="HRW20121130">{{cite web|title=Egypt: New Constitution Mixed on Support of Rights Draft Adopted Without Consensus Amid Political Crisis|url=http://www.hrw.org/news/2012/11/29/egypt-new-constitution-mixed-support-rights|publisher=Human Rights Watch|accessdate=2 December 2012|date=30 November 2012}}</ref> The organization also stated that the Chapter II draft, entitled Rights and Freedoms, provides for strong protection against arbitrary detention in article 35 and torture and inhumane treatment in article 36, and for freedom of movement in article 42, privacy of communication in article 38, freedom of assembly in article 50, and of association in article 51, but defers to objections from the country's military leadership and has removed the clear prohibition of trials of civilians before military courts.<ref name="HRW20121130" /> |
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Article 2, defining the relationship between Islam and [[Law of Egypt|Egyptian law]], remains essentially unchanged from Egypt's old constitution. The new charter says that the legal code stems from "the principles of [[Islamic law]]", wording that is broad enough to allow for individual rights and freedoms.<ref name="WP20121129">{{cite news|title=Egyptian assembly rushes to vote on new constitution|url=http://www.washingtonpost.com/world/middle_east/amid-political-crisis-egypts-constitutional-assembly-prepares-to-vote-on-draft-document/2012/11/29/1aa3f2a2-3a20-11e2-9258-ac7c78d5c680_story.html|accessdate=2 December 2012|newspaper=The Washington Post 2012|date=29 November 2012|author=Stephanie McCrummen and Ingy Hassieb}}</ref> But in an attempted compromise between the ultraconservatives and their liberal opponents, the proposed constitution added a new article defining those principles in accordance with established schools of Sunni Muslim thought.<ref name="NYT20121129">{{cite news|last=Kirkpatrick|first=David D.|title=Egyptian Islamists Approve Draft Constitution Despite Objections|url=http://www.nytimes.com/2012/11/30/world/middleeast/panel-drafting-egypts-constitution-prepares-quick-vote.html?ref=world&pagewanted=all|accessdate=2 December 2012|newspaper=The New York Times|date=29 November 2012}}</ref> |
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Article 50 preserves the right to assembly but requires "notification" of such gatherings.<ref name="WP20121129" /> The constitution calls for freedom from discrimination, but does not specify whether women or religious minorities are protected. A provision on women's equality was left out to avoid a dispute after ultraconservatives insisted that women's equality should be qualified by compliance with religious laws.<ref name="NYT20121129" /> One article that passed pertains to arbitrary arrest and detention rights. The article says that no person may be "arrested, searched, incarcerated, deprived of freedom in any way and/or confined" unless it is ordered by a "competent judge". Another article stipulates that anyone jailed must be told why in writing within 12 hours, and the case must go to investigators within 24 hours. Detainees cannot be interrogated without their attorney or one appointed to them being present, the article also states. Phone conversations, electronic correspondence and other communication cannot be listened to without a warrant.<ref name="CNNConstitution20121130">{{cite web|title=Movement on new Egyptian constitution, despite fervent opposition|url=http://edition.cnn.com/2012/11/29/world/meast/egypt-protests/index.html?hpt=wo_c2|work=CNN Wire Staff|publisher=CNN|accessdate=2 December 2012|date=30 November 2012}}</ref> |
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The new constitution limits the [[President of Egypt|President]] to two four-year terms,<ref>[http://www.bbc.co.uk/news/world-middle-east-20568356 Egypt to hold December referendum on new constitution] BBC News, 1 December 2012</ref> marking a clear shift away from the era of Mubarak, who ruled for 30 years. But other checks on presidential power remain ill-defined.<ref name="WP20121129" /> The defense minister would be chosen from the military's officers. Insulating the armed forces from parliamentary oversight, a special council that includes military officers would oversee military affairs and the defense budget.<ref name="NYT20121129" /> Mr. Ali of the International Institute for Democratic and Electoral Assistance noted that another article in the document calls for the election of local councils in each province but keeps all the power in the hands of federally appointed governors. And even though Egypt's pervasive public corruption was a major complaint by those who forced Hosni Mubarak from power, the assembly declined to borrow any international models to promote transparency, Ali said. "There won't be a huge improvement in the way government works and the way services are delivered, and that is a setback for democracy."<ref name="NYT20121129" /> |
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===Specific contents === |
===Specific contents === |
||
Revision as of 17:12, 9 January 2013
.svg) |
|---|
|
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| Constitution ( history) |
| Political parties ( former) |
Egypt portal |
The Constitution of the Arab Republic of Egypt is the fundamental law of Egypt. It was signed into law by President Mohamed Morsi on 26 December 2012, after it was approved by the Constituent Assembly on 30 November 2012 and passed in a referendum held 15–22 December 2012 with 64% support, but with only 33% electorate participation. [1] It replaced the 2011 Provisional Constitution of Egypt, adopted in 2011 following the Egyptian revolution.
The constitution and the manner in which it was adopted have been one focus of the 2012 Egyptian protests. Zaghoul el-Balshi, the general secretary of the commission overseeing the planned constitutional referendum, resigned in the wake of the protests. [2]
Background
The Constituent Assembly was originally elected by Parliament in March 2012, before being dissolved by a court in April after it was deemed unconstitutional. [3] A second Assembly was elected by Parliament during the summer. [4] The Assembly produced a 234 article draft constitution, [5] and approved each article individually during a 19 hour meeting starting on 29 November. [6]
Contents
Specific contents
Protection of rights
Article 81 states that no law may limit the essence of the rights and freedoms set out in the constitution but goes on to say that, "These rights and freedoms shall be exercised insofar as they do not contradict the principles set out in the Chapter on State and Society in this constitution." The provisions in that chapter include article 10, which states that, "The state and society shall commit to preserving the true nature of the Egyptian family," and article 11, which states that, "The state shall protect ethics and morals and public order." [7]
Freedom of expression
Article 45 protects freedom of expression without stating what legitimate limitations are permissible and how to balance this right against article 31, which states that, "The individual person may not be insulted," and article 44 prohibiting "the insulting of prophets." [7]
Freedom of religion
Believers in any of the three Abrahamic religions— Islam, Christianity and Judaism—are guaranteed the freedom of worship, but only those three. [8] More specifically Article 43 on freedom of religion grants the right to practice religion and to establish places of worship to Muslims, Christians, and Jews, but excludes followers of other religions, including Egyptian Bahais, as well as irreligious individuals. [7] Article 45 guarantees freedom of expression and Article 44 forbids insulting any prophets, but the draft constitution offers no guidance about how to balance its broad protections of freedom of expression against other provisions protecting people or religions from insults. [8] [9]
Military trials of civilians
According to the draft the military would retain the ability to try civilians in military courts if they are accused of damaging the armed forces. [8] Article 198 provides that, "Civilians may not be tried before the military justice system except for crimes that harm the armed forces, and this shall be defined by law." This leaves intact the military's discretion to try civilians under the Code of Military Justice. [7]
Freedom from discrimination and women's rights
The constitution calls for freedom from discrimination by declaring, under article 30, [10] "Citizens are equal before the law and are equal in general rights and duties without discrimination between them based on gender, origin, language, religion, belief, opinion, social status or disability." It also explicitly states in article 68 that "The State is committed to taking all measures to establish equality between women and men in political, cultural, economic and social life and all other fields without prejudice to the provisions of Islamic Sharia." Under the same article it also secures particular care for mothers by ensuring that "the State provides mother and child services for free and guarantees for women health, social, and economic care, inheritance right and adjustment between her family duties and work in society." [11]
Status of international obligations
Article 145 states that the president shall sign treaties and that they must be ratified by the upper and lower houses of parliament, and goes on to say that, "No international treaty that contradicts the provisions of this constitution shall be signed." Human Rights Watch had urged members of the Assembly to include a provision directly incorporating human rights as defined by international treaties ratified by Egypt into Egyptian law to strengthen the basis for amending many domestic laws that restrict rights. [7]
References
- ^ "Egyptian constitution 'approved' in referendum". BBC News. 23 December 2012. Retrieved 23 December 2012.
- ^ [1]
- ^ "Egypt court suspends constitutional assembly". BBC News Middle East. 10 April 2012. Retrieved 1 December 2012.
- ^ "Egypt parties end deadlock over constitutional panel". BBC News Middle East. 8 June 2012. Retrieved 1 December 2012.
- ^ Egypt draft constitution adopted, goes to referendum Hindustan Times, 30 November 2012
- ^ Islamist constitution spurs controversy in Egypt as protests grow Russia Today, 30 November 2012
- ^
a
b
c
d
e Cite error: The named reference
HRW20121130was invoked but never defined (see the help page). - ^
a
b
c Cite error: The named reference
NYT20121129was invoked but never defined (see the help page). -
^ Cite error: The named reference
WP20121129was invoked but never defined (see the help page). - ^ "Unofficial English Translation of Egypt's Draft Constitution". Atlantic Council. Retrieved 2012-12-23.
- ^ "Unofficial English translation of Egypt's Draft Constitution". Atlantic Council. Retrieved 2012-12-23.
External links
- An English translation of the draft constitution at egyptindependent.com
- A side-by-side comparison of Egypt's suspended 1971 constitution and the draft constitution at BBC News
- An analysis of the draft constitution at Human Rights Watch
- Egypt's constitutional crisis, explained as a simple timeline A timeline explaining the crisis around Egypt's draft constitution by Max Fisher from the Washington Post and published on December 6, 2012
ClueBot NG (
talk |
contribs)
m Reverting possible vandalism by
131.109.17.2 to version by Malcolmxl5. False positive?
Report it. Thanks,
ClueBot NG. (1434657) (Bot) |
131.109.17.2 (
talk)
Tag: section blanking |
||
| Line 9: | Line 9: | ||
== Contents == |
== Contents == |
||
=== General content === |
|||
The constitution ends Egypt's all-powerful presidency, institutes a stronger parliament, and contains provisions against torture or detention without trial. But it would also give Egypt's generals much of the power and privilege they had during the [[Hosni Mubarak]] era.<ref name="NYT20121129" /> Human Rights Watch noted that it provides for basic protections against arbitrary detention and torture and for some economic rights but fails to end military trials of civilians or to protect freedom of expression and religion.<ref name="HRW20121130">{{cite web|title=Egypt: New Constitution Mixed on Support of Rights Draft Adopted Without Consensus Amid Political Crisis|url=http://www.hrw.org/news/2012/11/29/egypt-new-constitution-mixed-support-rights|publisher=Human Rights Watch|accessdate=2 December 2012|date=30 November 2012}}</ref> The organization also stated that the Chapter II draft, entitled Rights and Freedoms, provides for strong protection against arbitrary detention in article 35 and torture and inhumane treatment in article 36, and for freedom of movement in article 42, privacy of communication in article 38, freedom of assembly in article 50, and of association in article 51, but defers to objections from the country's military leadership and has removed the clear prohibition of trials of civilians before military courts.<ref name="HRW20121130" /> |
|||
Article 2, defining the relationship between Islam and [[Law of Egypt|Egyptian law]], remains essentially unchanged from Egypt's old constitution. The new charter says that the legal code stems from "the principles of [[Islamic law]]", wording that is broad enough to allow for individual rights and freedoms.<ref name="WP20121129">{{cite news|title=Egyptian assembly rushes to vote on new constitution|url=http://www.washingtonpost.com/world/middle_east/amid-political-crisis-egypts-constitutional-assembly-prepares-to-vote-on-draft-document/2012/11/29/1aa3f2a2-3a20-11e2-9258-ac7c78d5c680_story.html|accessdate=2 December 2012|newspaper=The Washington Post 2012|date=29 November 2012|author=Stephanie McCrummen and Ingy Hassieb}}</ref> But in an attempted compromise between the ultraconservatives and their liberal opponents, the proposed constitution added a new article defining those principles in accordance with established schools of Sunni Muslim thought.<ref name="NYT20121129">{{cite news|last=Kirkpatrick|first=David D.|title=Egyptian Islamists Approve Draft Constitution Despite Objections|url=http://www.nytimes.com/2012/11/30/world/middleeast/panel-drafting-egypts-constitution-prepares-quick-vote.html?ref=world&pagewanted=all|accessdate=2 December 2012|newspaper=The New York Times|date=29 November 2012}}</ref> |
|||
Article 50 preserves the right to assembly but requires "notification" of such gatherings.<ref name="WP20121129" /> The constitution calls for freedom from discrimination, but does not specify whether women or religious minorities are protected. A provision on women's equality was left out to avoid a dispute after ultraconservatives insisted that women's equality should be qualified by compliance with religious laws.<ref name="NYT20121129" /> One article that passed pertains to arbitrary arrest and detention rights. The article says that no person may be "arrested, searched, incarcerated, deprived of freedom in any way and/or confined" unless it is ordered by a "competent judge". Another article stipulates that anyone jailed must be told why in writing within 12 hours, and the case must go to investigators within 24 hours. Detainees cannot be interrogated without their attorney or one appointed to them being present, the article also states. Phone conversations, electronic correspondence and other communication cannot be listened to without a warrant.<ref name="CNNConstitution20121130">{{cite web|title=Movement on new Egyptian constitution, despite fervent opposition|url=http://edition.cnn.com/2012/11/29/world/meast/egypt-protests/index.html?hpt=wo_c2|work=CNN Wire Staff|publisher=CNN|accessdate=2 December 2012|date=30 November 2012}}</ref> |
|||
The new constitution limits the [[President of Egypt|President]] to two four-year terms,<ref>[http://www.bbc.co.uk/news/world-middle-east-20568356 Egypt to hold December referendum on new constitution] BBC News, 1 December 2012</ref> marking a clear shift away from the era of Mubarak, who ruled for 30 years. But other checks on presidential power remain ill-defined.<ref name="WP20121129" /> The defense minister would be chosen from the military's officers. Insulating the armed forces from parliamentary oversight, a special council that includes military officers would oversee military affairs and the defense budget.<ref name="NYT20121129" /> Mr. Ali of the International Institute for Democratic and Electoral Assistance noted that another article in the document calls for the election of local councils in each province but keeps all the power in the hands of federally appointed governors. And even though Egypt's pervasive public corruption was a major complaint by those who forced Hosni Mubarak from power, the assembly declined to borrow any international models to promote transparency, Ali said. "There won't be a huge improvement in the way government works and the way services are delivered, and that is a setback for democracy."<ref name="NYT20121129" /> |
|||
===Specific contents === |
===Specific contents === |
||
Revision as of 17:12, 9 January 2013
|
|
|---|
|
|
| Constitution ( history) |
| Political parties ( former) |
|
Egypt portal |
The Constitution of the Arab Republic of Egypt is the fundamental law of Egypt. It was signed into law by President Mohamed Morsi on 26 December 2012, after it was approved by the Constituent Assembly on 30 November 2012 and passed in a referendum held 15–22 December 2012 with 64% support, but with only 33% electorate participation. [1] It replaced the 2011 Provisional Constitution of Egypt, adopted in 2011 following the Egyptian revolution.
The constitution and the manner in which it was adopted have been one focus of the 2012 Egyptian protests. Zaghoul el-Balshi, the general secretary of the commission overseeing the planned constitutional referendum, resigned in the wake of the protests. [2]
Background
The Constituent Assembly was originally elected by Parliament in March 2012, before being dissolved by a court in April after it was deemed unconstitutional. [3] A second Assembly was elected by Parliament during the summer. [4] The Assembly produced a 234 article draft constitution, [5] and approved each article individually during a 19 hour meeting starting on 29 November. [6]
Contents
Specific contents
Protection of rights
Article 81 states that no law may limit the essence of the rights and freedoms set out in the constitution but goes on to say that, "These rights and freedoms shall be exercised insofar as they do not contradict the principles set out in the Chapter on State and Society in this constitution." The provisions in that chapter include article 10, which states that, "The state and society shall commit to preserving the true nature of the Egyptian family," and article 11, which states that, "The state shall protect ethics and morals and public order." [7]
Freedom of expression
Article 45 protects freedom of expression without stating what legitimate limitations are permissible and how to balance this right against article 31, which states that, "The individual person may not be insulted," and article 44 prohibiting "the insulting of prophets." [7]
Freedom of religion
Believers in any of the three Abrahamic religions— Islam, Christianity and Judaism—are guaranteed the freedom of worship, but only those three. [8] More specifically Article 43 on freedom of religion grants the right to practice religion and to establish places of worship to Muslims, Christians, and Jews, but excludes followers of other religions, including Egyptian Bahais, as well as irreligious individuals. [7] Article 45 guarantees freedom of expression and Article 44 forbids insulting any prophets, but the draft constitution offers no guidance about how to balance its broad protections of freedom of expression against other provisions protecting people or religions from insults. [8] [9]
Military trials of civilians
According to the draft the military would retain the ability to try civilians in military courts if they are accused of damaging the armed forces. [8] Article 198 provides that, "Civilians may not be tried before the military justice system except for crimes that harm the armed forces, and this shall be defined by law." This leaves intact the military's discretion to try civilians under the Code of Military Justice. [7]
Freedom from discrimination and women's rights
The constitution calls for freedom from discrimination by declaring, under article 30, [10] "Citizens are equal before the law and are equal in general rights and duties without discrimination between them based on gender, origin, language, religion, belief, opinion, social status or disability." It also explicitly states in article 68 that "The State is committed to taking all measures to establish equality between women and men in political, cultural, economic and social life and all other fields without prejudice to the provisions of Islamic Sharia." Under the same article it also secures particular care for mothers by ensuring that "the State provides mother and child services for free and guarantees for women health, social, and economic care, inheritance right and adjustment between her family duties and work in society." [11]
Status of international obligations
Article 145 states that the president shall sign treaties and that they must be ratified by the upper and lower houses of parliament, and goes on to say that, "No international treaty that contradicts the provisions of this constitution shall be signed." Human Rights Watch had urged members of the Assembly to include a provision directly incorporating human rights as defined by international treaties ratified by Egypt into Egyptian law to strengthen the basis for amending many domestic laws that restrict rights. [7]
References
- ^ "Egyptian constitution 'approved' in referendum". BBC News. 23 December 2012. Retrieved 23 December 2012.
- ^ [1]
- ^ "Egypt court suspends constitutional assembly". BBC News Middle East. 10 April 2012. Retrieved 1 December 2012.
- ^ "Egypt parties end deadlock over constitutional panel". BBC News Middle East. 8 June 2012. Retrieved 1 December 2012.
- ^ Egypt draft constitution adopted, goes to referendum Hindustan Times, 30 November 2012
- ^ Islamist constitution spurs controversy in Egypt as protests grow Russia Today, 30 November 2012
- ^
a
b
c
d
e Cite error: The named reference
HRW20121130was invoked but never defined (see the help page). - ^
a
b
c Cite error: The named reference
NYT20121129was invoked but never defined (see the help page). -
^ Cite error: The named reference
WP20121129was invoked but never defined (see the help page). - ^ "Unofficial English Translation of Egypt's Draft Constitution". Atlantic Council. Retrieved 2012-12-23.
- ^ "Unofficial English translation of Egypt's Draft Constitution". Atlantic Council. Retrieved 2012-12-23.
External links
- An English translation of the draft constitution at egyptindependent.com
- A side-by-side comparison of Egypt's suspended 1971 constitution and the draft constitution at BBC News
- An analysis of the draft constitution at Human Rights Watch
- Egypt's constitutional crisis, explained as a simple timeline A timeline explaining the crisis around Egypt's draft constitution by Max Fisher from the Washington Post and published on December 6, 2012