A proposal by the NCHR to amend parts of the constitution has sparked controversy inside and outside the council. Gihan Shahine asks why Perhaps in an attempt to prove its objectivity despite being a government-affiliated body, the National Council for Human Rights (NCHR) is currently drafting a detailed proposal for amending the Constitution. The draft more or less adopts demands by the opposition to curtail the power of the executive and guarantee the smooth rotation of power. Surprisingly, the proposal contradicts the announced agenda of the ruling National Democratic Party (NDP), by calling for the amendment of articles 76 and 77 of the Constitution. It proposes multi-candidacy in presidential elections and limits presidency period to two terms. The NCHR's initial project, which is currently being debated inside the council and is yet to be finalised, also includes amendments that would make the appointment of a vice- president obligatory by terms of the Constitution. It also resists NDP attempts to annul Article 88, which allows for judicial oversight of elections. "This absolute concentration of power should come to an end," an animated NCHR Deputy Secretary-General told a press conference last week. "There should be a balance among the different authorities [the legislative, judicial and the executive]. The current regime is patriarchal which means everything begins and ends at the top." This unexpected hardline made immediate headlines and, according to reports by the daily independent Al-Masri Al-Youm, the NCHR proposal has sparked the anger of the regime. The powers that be reportedly "gave verbal orders to chief editors in national newspapers to ignore it". Al-Masri Al-Youm also reported that a high-ranking official asked to review the initial drafts of the report. Bahieddein Hassan, secretary-general of the Cairo Institute for Human Right Studies and an NCHR member, explained that while the report adopted many NDP suggestions in the economic field, it also touched on several sensitive areas which challenge the NDP's adamant refusal to amend articles 76 and 77. "The opposition has been calling for even tougher demands, but the fact that similar demands come from a state-affiliated body is embarrassing to the regime," Hassan noted. Abul-Magd has always insisted that the NCHR is a "neutral" body, refuting claims that its establishment was only "cosmetic". Which, many critics agree, is perhaps what the NCHR recent plan is all about. The fact that the report was announced to the media before it reached its final draft -- and at a time when NCHR members were still negotiating its controversial parts -- made many believe it was only aimed at making newspaper headlines. Hassan also pointed out that the NCHR "is concluding its work in January, and so it has little time left for a much- needed facelift." "The council has always proved futile and its reports have always been ignored by the government," Hassan added; nor does he expect a more positive response this time. "The NDP has already concluded its annual conference to crown [the president's son and NDP Deputy Secretary-General] Gamal Mubarak as heir," rationalised Hassan. "It would be impossible for the ruling party to accept suggestions by the opposition or human right activists." There is nothing, in Hassan's opinion, forcing the regime to make concessions or accept suggestions that would clash with its interest, since both foreign and domestic pressure on the regime to democratise have seriously dwindled over the past year. Hassan would likewise dismiss NDP calls for dialogue as "an attempt to show the world that a debate is ongoing, when in fact all our suggestions fall on deaf ears." That said, NCHR members seem serious about their project, and a number of heated debates have taken place over a number of controversial and sensitive issues. One main issue of contention is the suggestion to include a term that would make the appointment of a vice president obligatory. A split immediately occurred among NCHR members over the issue, with some advising that a vice president should be elected and others arguing that an appointment would avoid clashes within the regime. Economic issues, such as whether education should remain free or whether the public sector should still play a leading role under a socialist economic system, were also fervently discussed behind closed doors. Critics from inside the council believe that by delving into constitutional amendments, the NCHR is overstepping its original commission as a guardian of human rights. Hafez Abu Seada the secretary-general of the Egyptian Organisation for Human Rights (EOHR) and an NCHR member, however, argued that "the issue of democracy is very much linked with that of human rights, and by proposing a draft for constitutional amendment, the council is only doing its duty." A more ambitious Hassan, however, seemed hardly satisfied. He suggested a complete overhaul of the current Constitution. "Amending one fourth of its terms means it is already defunct, and attempting to change like 50 articles would be no more than patchwork," scoffed Hassan. "It has never happened in any country, be it developed or not, that an entire fourth of the Constitution is amended." The recent NDP conference, however, ruled out any possibility to completely overhaul the 35-year-old Constitution, amending articles 76 and 77 or revoking emergency laws. This may explain why Mohamed Zarie, director of the Egyptian Human Right Association for the Assistance of Prisoners (EHRAAP), provides a dim outlook on any prospect for constitutional amendment at the moment. "The whole political environment is not ready for change right now, and so any amendment to the Constitution would be born deformed."
