Egypt's military junta has approved the drafting of a bill of rights, reports Gamal Essam El-Din In what is being seen as a gesture of goodwill towards those demanding a constitution ahead of parliamentary elections the ruling Supreme Council of the Armed Forces (SCAF) has said a constitutional declaration will be issued outlining the principles that must guide the new constitution. SCAF spokesman Major General Mohsen El-Fangari announced: "The basic principles of the constitution will first be issued as part of a constitutional declaration..." According to civil rights activist Bahieddin Hassan, the move means that "when 100 members of the new parliament come to form a constituent assembly to draft the new constitution they will be governed by the basic principles enshrined in this declaration, or bill of rights." It is, he argues, likely to be welcomed by secularists and civilian forces who fear that the new constitution will be drafted by Islamists who are expected to dominate the next parliament. The SCAF's shift in favour of a constitutional declaration is in line with calls by prominent political figures for a bill of rights. Mohamed El-Baradei, the former head of the International Atomic Energy Agency, was the first to make the demand, issuing his own outline of rights and principles on 26 June. It was followed by Al-Azhar, which issued an 11-article document, and by the Coalition of Democratic Forces, including representatives of 18 political parties including the Muslim Brotherhood's Freedom and Justice and the Wafd Party. All of the charters issued seek to crystallise a supra-national vision and code of constitutional principles. They agree that Islam must be acknowledged as the official religion of the country, Arabic its main language and Sharia the principle source of legislation. They variously seek to enshrine a multi-party system, an independent judiciary and to restrict the role of the Armed Forces to guarding the sovereignty of the state. They also uphold freedom of expression, the right to peaceful protests and freedom of religion and worship. "Other details," said Hassan, "such as how the president of the republic is elected or how the three powers -- the judiciary, the legislative and the executive -- should be independent of each other, can be finalised by the new parliament's deputies." On 30 March the SCAF issued an "interim constitutional declaration" aimed at drawing up a political map of Egypt until a new parliament and a new head of state are elected. The declaration's 62 articles included four chapters regulating the performance of the state; basic rights and freedoms; the system of government and the rule of law. The 30 March declaration incorporated many articles from the 1971 constitution which the opposition had characterised as autocratic. The document was criticised by secular and civilian forces which complained it was drafted by the SCAF without consultation. They also pointed out that the March declaration included many articles that had not been part of the 19 March referendum. Nasser Abdel-Hamid, a member of the 25 January Youth Coalition, says "the SCAF took political activists by surprise when it issued the 30 March declaration without consulting any political forces." Much worse, he adds, "the SCAF opted to dictate the drafting of new laws regulating the performance of political parties and exercise of political rights." It is a positive sign, says Abdel-Hamid, "that the SCAF has agreed a constitutional declaration be drafted ahead of elections and that this declaration express a national consensus among all political forces". "This represents a departure from the military mindset that has sought to impose its will and monopolise decision-making. It is disappointing, though, that the SCAF has refused to respond to other demands, such as speeding up the trial of ousted president Hosni Mubarak." Hisham El-Bastawisi, a senior judge and a presidential hopeful, said "it is good that the SCAF has agreed to a constitutional declaration ahead of parliamentary elections." The document, he argues, "should act as a full constitution and include the principles contained in the Mohamed El-Baradei and Al-Azhar bill of rights". "It should serve as the interim constitution for five years, after which a permanent constitution could be drafted." Former Muslim Brotherhood MP Mohsen Radi disagrees. "For any new constitutional declaration to act as a constitution negates the right of elected MPs to draft the new constitution. The Muslim Brotherhood agrees that the new constitution declaration should draw on the principles enshrined in El-Baradei and Al-Azhar's bills of rights and that these should act as basic principles rather than as a detailed constitution."
