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Al-Ahram Weekly
Egypt Multiple charters
Published in Al-Ahram Weekly on 30 - 06 - 2011

The sudden preponderance of bills of rights highlights the growing divide among secularists and Islamists, writes Gamal Essam El-Din
The youth movements of the 25 January Revolution are seeking to organise a huge rally in Tahrir Square on 8 July to press for the drafting of a new constitution ahead of parliamentary polls amid fears that, should elections be held first, Islamist groups will be presented with the fruits of the revolution on a plate.
"Islamists who did not have a hand in the revolution now insist that parliamentary elections are held ahead of drafting a constitution and have even threatened to stand against the Higher Council of the Armed Forces (HCAF) if it decided to draw up a constitution first," says Nasser Abdel-Hamid, a member of the executive committee of the 25 January Revolution Coalition. The coalition, Abdel-Hamid added, has collected more than 15 million signatures for its constitution first petition.
In an attempt to head off a confrontation between young secular groups and Islamists, some prominent figures have proposed drafting a constitutional charter similar to England's Magna Carta of 1215, or the 1689 Bill of Rights.
On 26 June Mohamed El-Baradei, the former head of the International Atomic Energy Agency (IAEA), announced a "Bill of Basic Rights and Principles". It stipulates that the new Egypt will be a democratic republic founded on equal rights. Islam is acknowledged as the official religion of the country, Arabic its main language and sharia the principle source of legislation. Egypt's political system will be multi-party, there will be an independent judiciary and the Armed Forces will act as the guardians of the state's independence.
The bill upholds freedom of expression, the right to peaceful protests and freedom of religion. It seeks to prohibit the detention of any citizen without their first being charged, and enshrines the principle that defendants are innocent until proven guilty. It also reaffirms the right of citizens to education and privacy, to own property, to work and join syndicates.
El-Baradei believes that if the bill of rights is accepted the issue of whether elections or a new constitution come first will cease to be important.
"As long as basic rights and principles are guaranteed by acceptance of the bill it will make no big difference whether elections are held first or the constitution drafted," he said.
Al-Azhar, the highest school of Sunni Islam, was quick to join the fray, issuing its own bill of rights. It includes 11 articles underwriting a democratic, civil political system and, guaranteeing freedom of religion and worship. It also includes a provision for the election, rather than selection, of the sheikh of Al-Azhar. The document has been hailed by commentators and politicians as a progressive move by the normally conservative institution.
The constitution of the People's Committee, a third bill prepared by legal experts and politicians, is more detailed than El-Baradei's document. It elaborates on the powers and duties of the president of the republic and the separation of powers between the legislative, executive and judicial authorities.
Civil rights activist Bahieddin Hassan believes the proliferation of charters "reflects a collective spirit and crystallising of a supra-national vision and code of principles".
Hassan warns, however, that none of the bills has commanded a consensus.
"Polarisation between the two camps -- the liberals and Islamists -- has become so intense that each is sticking to its position," says Hassan.
Islamist forces, led by the Muslim Brotherhood, say they are ready to discuss El-Baradei's bill of rights, but only if it does not result in a new constitution being imposed ahead of elections. Khaled El-Sayed, a member of the executive committee of the 25 January Revolution insists "we are ready to sit down and discuss El-Baradei's bill, but without violating the principle that a constituent assembly charged with drafting the constitution first be elected."
In the face of such opposing views the ruling HCAF has had little to say. On 27 June it issued a statement reaffirming its commitment "to organising parliamentary elections next September in an atmosphere marked with transparency and democracy and that these elections will not be delayed".
There are those -- and they include, at least initially, Deputy Prime Minister Yehia El-Gamal -- who believe the HCAF will change its position if a national consensus is reached on drafting the constitution first. When he went public with his thoughts on the issue El-Gamal faced heavy criticism from Islamist forces. Denounced as a "secularist trying to impose his worldly vision on the country" El-Gamal soon backtracked, announcing on Monday that "the cabinet will soon discuss the final version of laws regulating the performance of the two houses of parliament -- the People's Assembly and Shura Council".
"Time is running short," he said, "and the two laws must be ready as soon as possible so that political forces have enough time to prepare for elections in September."
Secular and civilian forces argue that elections should be delayed until new parties are licensed and have time to gain a foothold on the street.


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