Panel to vote on Egypt constitution

An anti-government protester waves a flag with a picture of youth activist Gaber Salah, during a rally against a new law restricting demonstrations, in front of Egypt's Parliament in Cairo.

An anti-government protester waves a flag with a picture of youth activist Gaber Salah, during a rally against a new law restricting demonstrations, in front of Egypt's Parliament in Cairo.

Published Nov 30, 2013

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Cairo - Egypt's constitutional panel begins voting Saturday on the final draft of a new charter to be put to a referendum in the first key milestone of a transition under the country's military-installed rulers.

Following its eventual adoption, parliamentary and presidential elections are expected to take place by mid-2014.

Voting on the 247 articles will be held “today and tomorrow,” said the head of the panel, Amr Mussa, former head of the Arab League and a foreign minister under toppled president Hosni Mubarak.

After the army ousted Mohamed Morsi in July, Egypt's interim rulers suspended a constitution that had been hastily drafted under him by a panel dominated by the former president's Islamist allies.

The current panel began work on drafting a new basic law at the beginning of September.

A road map for political transition set out by the new authorities stipulates that a referendum on the constitution be held by the end of the year, but government officials have said this is not now expected until the second half of January.

The present 50-member panel includes representatives from civil society, political parties, institutions such as the army and police and the Coptic church.

But it includes just two Islamists, neither of whom is from Morsi's Muslim Brotherhood, which has been the target of a sweeping government crackdown that has seen more than 1,000 people killed in recent months.

Mussa told reporters the panel “reached an agreement on the entire constitution which has been extensively revised” from the one adopted under Morsi.

But rights groups and activists have already criticised the draft, charging that it fails to curb the powers of the military.

They particularly object to Article 203, which would allow military trials of civilians accused of “direct attacks” on the armed forces.

Dissenters fear this provision could be interpreted expansively to target protesters, journalists and dissidents.

The article says that “no civilian can be tried by military judges, except for crimes of direct attacks on armed forces, military installations and military personnel.”

Mussa said that it differs from the 2012 constitution adopted under Morsi or the 1971 charter it replaced in that “this constitution clearly states under what charges a civilian can be tried in a military court.”

Secular activists have demonstrated against Article 203, and security forces arrested prominent activist Alaa Abdel Fattah this week for an unauthorised demonstration against military trials of civilians.

Also accused of beating a police officer during the demonstration, he was arrested on Thursday night and bound over four days of preventive detention.

On Saturday, Ahmed Maher, one of the leaders of the popular uprising against Mubarak in 2011, turned himself in after being ordered detained for holding a separate unauthorised demonstration in Cairo.

Maher arrived at a court in the capital accompanied by dozens of chanting supporters, whom police dispersed with tear gas.

On Sunday, interim president Adly Mansour had approved a controversial law requiring organisers to seek authorisation three days ahead of any planned demonstration.

The constitution also speaks about how the defence minister would be appointed.

Article 234 stipulates that the defence minister be appointed in agreement with the Supreme Council of the Armed Forces.

But panel spokesman Mohammed Salmawy told AFP this clause will be applicable only for the first two presidential terms.

The draft also ensures that the military's budget remains beyond civilian scrutiny.

And Mussa told reporters the constitution “forbids forming religious parties or parties based on religious grounds.”

He later clarified to AFP that “a party can have a religious identity, but it has to abide by laws, the constitution and the Egyptian civil state.”

This provision could have consequences for the Muslim Brotherhood's political arm, the Freedom and Justice Party.

The Brotherhood itself has already been banned, and its top leadership detained since the crackdown on Islamists began after the army overthrew Morsi.

Sapa-AFP

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