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Constitutional amendments: The final stage
Published in Al-Ahram Weekly on 21 - 03 - 2019

Parliament Speaker Ali Abdel-Aal told MPs this week that amendments to the 2014 constitution are expected to be passed by mid-April, writes Gamal Essam El-Din.
“If approved by MPs, the final draft of the amendments will then be sent to the National Committee for Elections [NCE] to put it to a vote in a national referendum,” said Abdel-Aal.
On Wednesday the Legislative and Constitutional Affairs Committee invited representatives of political parties, NGOs and a number of high-profile public figures to review the constitutional amendments.
While changes increasing the presidential term from four to six years garnered a great deal of support, proposals to reserve 25 per cent of seats for female candidates proved less popular.
On Monday and Tuesday the committee held two sessions with MPs.
Addressing MPs representing Cairo and Upper Egyptian governorates, Abdel-Aal said it would be up to them to explain the amendments to their constituents ahead of the referendum.
He told them he not only wanted to hear their comments on the proposed amendments but was interested in the questions being raised by their constituents about the changes.
In a meeting with MPs representing Alexandria and Nile Delta governorates Abdel-Aal insisted the amendments “serve national interests and are necessary to cope with changing conditions and tackle coming challenges”.
He argued that the amendments do not affect rights and freedoms or the independence of the judiciary, and maintain the role of the House of the Representatives, particularly in approving or disapproving cabinet reshuffles.
He explained that the amendments seek to increase the presidential term to six years because a four-year term is too short for a country situated in a very volatile region. “President Al-Sisi, supported by the public, was able to stabilise the country and we should give him the chance to complete his development programmes and continue the fight against the terrorist organisations threatening Egypt,” said Abdel-Aal.
During the two-hour debate many MPs opposed allocating a 25 per cent quota of seats to women.
“This contradicts Article 53 of the constitution which states that all citizens are equal and that there is no discrimination,” said independent MP Mustafa Bakri. He added that if implemented the amendment could be ruled unconstitutional.
Ahmed Khalil, a representative of the Islamist Nour Party, also rejected the amendment.
Bakri also criticised proposals to reintroduce a second chamber, the Senate.
“Before 2013 we had a second house, the Shura Council, which we abolished because it was costly and toothless. So why create another expensive chamber now, with symbolic rubber-stamping powers?”
Salah Hassaballah, parliamentary spokesperson and head of Al-Horreya (Freedom) Party, said “there is agreement among MPs that if it is necessary to have a second House then it must have real supervisory and legislative powers.”
Some political analysts have been critical of the way the constitutional amendments have been discussed.
Shawki Al-Sayed, a constitutional law professor and former independent MP, wrote an article claiming “discussions lacked the necessary benchmark of transparency.
“The majority of invitees were in favour of the amendments and discussions were not broadcast live on television. Some journalists were allowed to cover the debate, but this is hardly adequate coverage for an issue of national concern.”
A parliamentary statement, issued on 24 March, said discussion of the constitutional amendments began on 3 February when 155 MPs submitted a motion requesting changes to the national charter.
The statement outlined numerous meetings held by parliament to discuss the amendments and stressed the range of participants involved — MPs, representatives of religious institutions such as Al-Azhar and the Coptic Church, constitutional law professors, media people and representatives of judicial authorities and national councils, including the National Council for Human Rights and the National Council for Motherhood and Childhood.
The statement added that parliament would hold an additional three hearing sessions on the constitutional amendments on 27 and 28 March.
The 27 March session will hear the viewpoints of politicians and representatives of political parties while on 28 March businessmen, representatives of civil society organisations and prominent public figures will have their say.
Following the sessions the Constitutional and Legislative Affairs Committee will spend two weeks drafting the amendments.
“The committee will prepare the final form of any changes to the 2014 constitution which will be made available to MPs to discuss in a plenary session before a final vote is taken,” said the statement.
“The proposed amendments must gain the approval of two-thirds of MPs who will vote by saying yes or no when their names are called.”
Articles 102, 140, 160, 189, 190, 193, 200, 204, 234, 243 and 244 are all up for amendment.
If passed, the amendments will be referred to President Abdel-Fattah Al-Sisi to be put to a public referendum. The NCE will be in charge of the vote which is expected to be held before Ramadan begins on 6 May.


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