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Pruning emergency
Published in Al-Ahram Weekly on 13 - 05 - 2010

Parliament approves a two-year extension of an amended emergency law despite vociferous objections from opposition and independent MPs, reports Gamal Essam El-Din
The parliamentary debate last Tuesday over whether or not to extend the state of emergency -- in place since the October 1981 assassination of president Anwar El-Sadat -- was long, lasting for three hours, and far from sweet. It was, however, well- orchestrated by the government and the ruling National Democratic Party (NDP), whose MPs endorsed the extension by 308 votes.
Opposition MPs were alerted to the possibility of the debate on Saturday, 8 May, when the national daily Al-Gomhuriya reported that Prime Minister Ahmed Nazif would address parliament on national security issues on Tuesday. Nazif had already told the editors of national newspapers that a list of guarantees would be provided to ensure emergency powers be confined to fighting terrorism and drug-trafficking crimes.
Most newspapers -- national and independent -- appeared on Tuesday morning with front page stories announcing that the People's Assembly would be asked to vote on a two-year extension of the emergency law the same day. The opposition quickly mobilised. Muslim Brotherhood MP Hamdi Hassan told Al-Ahram Weekly that, "the opposition was expecting the extension request anytime, and the press headlines gave it a sufficient time to plan a counter-offensive."
Opposition and independent MPs arrived at the People's Assembly wearing red and white sashes on which were written slogans, including "no to the state of emergency" and "emergency violates rights and is an abuse of freedoms". In a statement submitted to assembly speaker Fathi Sorour, opposition and independent MPs said "the extension of the emergency law is not a solution to Egypt's problems... The solution is to change policies, instruments and persons".
There was, however, little sign of a united front between opposition and independent MPs. Brotherhood MPs appeared angriest, with Mohamed El-Beltagui, an Ain Shams university professor and MP, having to be taken to Al-Qasr Al-Aini hospital for treatment after he collapsed.
Secular independent and opposition MPs, belonging to the Wafd and Tagammu, were well aware that NDP MPs would dominate the session and approve the extension. Mahmoud Abaza, leader of the Wafd Party, and Mohamed Abdel-Aziz Shaaban, representative of the leftist Tagammu, were calm and logical in their arguments against the extension. Both based their case on the extension being a blow to civil liberties and individual freedoms.
A group of between 100-200 demonstrators, mostly belonging to the dissent movement Kifaya, staged a protest in front of the assembly's main entrance, chanting slogans.
The burden of organising the three-hour debate fell on Speaker Sorour's shoulders. Sorour was taken to Qasr El-Aini hospital following the end of the meeting after he felt pain and exhaustion.
NDP leaders had called on Monday night for an emergency meeting with MPs the following morning when, says Ahmed Ezz, NDP secretary for organisational affairs and chairman of the assembly's Budget Committee, the party's MPs were told to speak their minds freely but when it came to voting they were asked to put their differences aside and endorse the extension.
Nazif began reading the extension request at 12.45pm. With his face directed towards NDP MPs sitting on the right, he said that "when the government requested an extension of the state of emergency it committed itself to restricting the powers solely to cases involving terrorism."
"Some," Nazif continued, "doubted the sincerity of that commitment. The president sought to dispel any doubts by including in his request for an extension restrictions on the application of the use of emergency powers so they be invoked only in cases involving terrorist threats and the financing of drug-trafficking." Moreover, added Nazif, measures that may be taken to preserve public security and order will be "limited to those listed in paragraphs 1 and 5 of Article 3 of the emergency law".
Nazif, however, faced shouts from Brotherhood MPs who chanted "battel" (invalid), forcing Sorour to ask Brotherhood MPs "to respect the dignity of parliament".
Following Nazif's 45-minute statement the assembly adjourned for an hour and half, allowing the General Committee (which includes the speaker, his two deputies, the chairmen of 19 parliamentary committees and representatives of the opposition and independent MPs) to examine the extension request. A report, prepared by the committee which recommended approving the extension, argued that since 2005, when President Mubarak promised that an anti-terror law would replace the emergency law, new factors had emerged. The report cited terrorist acts and regional conflicts in the Middle East to justify extending the state of emergency.
"The government has promised this time that the application of emergency powers will be restricted to terrorist and drug- trafficking crimes," said the report. "It has also promised that procedures fall completely under judicial supervision."
The debate then reconvened, with opposition members shouting "no to the state of emergency", and NDP MPs shouting back "no to terrorism". Speaker Sorour allowed 35 deputies, from across the political spectrum, to speak on the motion.
Mustafa El-Feki, NDP chairman of the Foreign Relations Committee, argued that "Egypt is being targeted by external and internal conspiracies and that the extension is intended not to restrict political activities but to fight terrorism and drug-trafficking.
Saad El-Katatni, spokesman of Muslim Brotherhood, insisted that the emergency law would be used to rig the next parliamentary elections while opposition MP Mohamed El-Omda, insisted that "the state of emergency is used more to protect the NDP regime than to secure Egypt from terrorism".
Minister of State for Legal and Parliamentary Affairs Moufid Shehab intervened, arguing that many countries in the region, including Israel, are living in a state of emergency. Security forces, he disclosed, had foiled several terrorist crimes in the last two years.
"Such crimes have been kept secret till now but it is time they were made public," said Shehab, citing a July 2009 case when a group of 42 terrorists linked to Al-Qaeda were caught plotting terrorist acts in Alexandria, Cairo and Helwan, and the use of emergency powers to foil plans to use Egypt as a base for acts of terror by the Shia party Hizbullah.
Shehab also pointed out that anyone detained under the emergency laws can go to the courts after a month to ask to be released should they not be implicated in terrorist or drug-trafficking crimes.
Joining forces with Shehab, Sorour told MPs that "anyone detained under the emergency laws for non-terrorist and non-drug- trafficking crimes would be automatically released after the end of the current extension at the end of this month, meaning that, as Al-Ahram 's headline said today, the emergency laws, with their sweeping powers, have all but been revoked."
Sorour and Shehab's arguments were sufficiently convincing that opposition and independent MPs were finally quiet. Counting the votes took just 14 minutes, after which it was announced that 308 MPs, out of a total of 454, were in favour of the extension, which will extend to 31 May, 2012. ( Special coverage p.5)
Changes in the law
In place
- Arrest and detention of people suspected of being involved in crimes of terrorism and narcotics trafficking
- Searching of people or places suspected in involvement of such crimes
- Cancellation of licences to bear arms or own explosive material, and the right to confiscate them
Off limits
- Government monitoring of all forms of communication
- Censoring and confiscation of media and publications
- Closure of publishing houses and broadcast stations
- Evacuation and isolation of certain areas


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