The national dialogue did not get off to a good start, Mona El-Nahhas reports The constitutional declaration announced by Egypt's military rulers was met with a mixed response, reports Gamal Essam El-Din The interim constitutional declaration, announced by the ruling Higher Council of the Armed Forces (HCAF) legal adviser Mamdouh Shahin on 30 March, drew mixed reactions from political forces. While it provoked surprise -- and even frustration -- among some, it was positively received by others. The declaration includes 62 articles, on top of which is the 56-year-old article stating that half of the seats in the People's Assembly be reserved for representatives of workers and farmers. The declaration also espouses the 1971 constitution's controversial Article 2, stating that Islam is the religion of the state and that the principles of Islamic Sharia law are the main source of legislation. The declaration came 11 days after a referendum in which 77.2 per cent of voters said yes to a raft of constitutional amendments. The HCAF says the interim constitutional declaration is aimed at drawing a new political map of Egypt until a new parliament and head of state are elected. The Interim Constitutional Declaration includes 80 per cent of the mainstays of the 1971 constitution, an ominous development for the 25 January Revolution Youth Coalition who asked for the elimination of the 1971 constitution altogether. Shahin explained that "drafting an entirely new constitution is not the job of the army and will be left to the new parliament and president". The declaration's 62 articles are divided into four chapters regulating the performance of the state, including basic rights and freedoms, the system of government and the rule of law. The declaration contains nine constitutional amendments approved in the 19 March referendum, including limiting the presidency to two four- year terms and easing restrictions on candidates seeking to run in presidential elections. They also state that elections must be held under full judicial supervision and compel the president to select a vice-president within his first 60 days in office, as well as mandating the newly elected parliament to select an assembly to draft a new, permanent constitution. The declaration also noted -- though without giving details -- that the powers of the Shura Council would be reduced. Shahin refused to give a clear-cut answer when asked if the elimination of some of the Shura Council's powers was a prelude to abolishing the council altogether. As for the 50 per cent quota of seats for workers and farmers, Shahin justified maintaining the controversial article on the grounds that "40 per cent of Egyptians are illiterate and the army should not have the final say on whether it is eliminated or not". Reactions to the Interim Constitutional Declaration were largely negative. Gamal Zahran, a professor of political science at Suez Canal University and former independent MP, argued that "the declaration is a new, frustrating development". "It maintains the 50 per cent quota of seats reserved for workers and farmers which means that the composition of the new parliament will be dictated by a vision that belongs to the socialist age of late president Gamal Abdel-Nasser rather than reflecting current realities". Zahran also criticised the declaration's attitude towards the Shura Council. "The declaration states that the powers of the Shura Council will be reduced when in fact they are already negligible. No one will be interested in contesting the coming Shura Council elections given the uncertain future it now faces." Ibrahim Darwish, a professor of constitutional law, objects that "of the constitution's 62 articles, almost 50 are copied from the 1971's constitution". "It is just like a cut and paste declaration." "One of the major demands of the 25 January Revolution," Darwish continued, "is drafting a new constitution ahead of organising any elections, be they parliamentary or presidential. The declaration now espouses a mix of contradicting articles, maintaining old concepts such as allocating a 50 per cent quota of seats in parliament for representatives of farmers and workers while limiting the presidency to two four-year terms. There is no harmony among the constitution's articles." Constitutional law professor Tharwat Badawi described the declaration as "a catastrophe". "This declaration betrays the spirit of a revolution that sought to remove the old regime and its autocratic legacy, notably the 1971 constitution. It is appalling that parliamentary elections will be held next September under the concepts espoused by the 1971 constitution." The declaration "emphasises the fact that the army should not have a role in politics". "Drafting constitutions and interim constitutional declarations are the job of constitutional experts, not army officers," said Badawi. "The declaration is tantamount to building a house without good foundations, or trying to grow a plant without first sowing the seed." "Why maintain the 50 per cent quota of seats for representatives of workers and farmers and a quota of seats reserved for women when the quotas only served the interests of the previous regime, resulting in distorted parliaments that failed to reflect the true choice of the people." On 4 April Shahin told a meeting of newly- appointed editors of national newspapers that "the HCAF refused to revoke the 50 per cent quota of parliamentary seats for representatives and farmers because the abrogation of the quota requires a national consensus among all political forces". Some constitutional experts, as well as reformist judges, supported the HCAF. Mohamed Attia, the judge who headed the commission supervising the 19 March referendum, argued that "in drafting the declaration the HCAF was governed by the eight articles for which citizens voted in 19 March referendum." "These articles formed the basic points of contention among political forces and they were changed to the satisfaction of the 25 January Revolution rebels. I do not think that the 50 per cent quota for workers and farmers will be exploited again to create an unrepresentative parliament. There will be full judicial supervision of parliamentary elections and the Court of Cassation will be empowered to give a final say on the legality of the membership of elected MPs," argued Attia. "Any decision to end the 50 per cent quota should be left to the committee which will be formed by the coming parliament." Hatem Bagato, a member of the board of the Supreme Constitutional Court, also came out in favour of the declaration, believing that "the elimination of the 50 per cent quota was out of the jurisdiction of the HCAF". "When 77.2 per cent of voters supported the amendments to the 1971 constitution they were not so much concerned about the elimination of the 50 per cent quota but wanted the presidency to be limited to two four-year terms and full judicial supervision of the elections restored." Bagato believes that "the declaration is a good step forward because it leaves a degree of much needed flexibility when it comes to important issues, such as the kind of election system to be applied in parliamentary polls, which can only be resolved by national dialogue.
