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Whose principles?
Published in Al-Ahram Weekly on 18 - 08 - 2011

Moves by the government and SCAF to issue a document of constitutional principles have stirred massive resentment among Islamist forces, reports Amani Maged
As the Supreme Council of the Armed Forces (SCAF) appears to be moving towards an official declaration of "supra-constitutional" principles Islamist forces have restated their objections, claiming they cater to a minority of opinion and threatening protest action on an even larger scale than on 29 July should they be adopted.
Islamic affairs expert Ali Abdel-Aal argues that their adoption would undermine the will of the people. Mohamed Saad El-Katatani, secretary- general of the Muslim Brotherhood's Freedom and Justice Party, warned of mass rallies in Tahrir Square and other venues should the SCAF or the government go ahead with any declaration.
"The people will protect the gains of their revolution and defend their right to a constitution that expresses their opinions and is the sole document governing them, drawn up without any prior restrictions," he said.
No one has the right to circumvent or expropriate the will of people, El-Katatani continued, warning that any attempt to do so would not be tolerated.
Essam Sultan, vice-chairman of the Wasat Party, which also boasts an Islamic frame-of- reference, argues that any ruling principles could only be "infra-, rather than supra- constitutional" on the grounds that they would be issued by the SCAF whereas the constitution would be produced by the 100-member constitutional commission. The constitution would be two degrees higher than the inviolable principles: firstly because it would be the product of the elected commission and secondly because it would have been passed by a public referendum. By virtue of these two degrees of superiority inherent in the constitution, the inviolable principles would have no value.
Leading Islamist figures have been unanimous in their condemnation. Sobhi Saleh, a former MP and a current leader of the Freedom and Justice Party, the Muslim Brotherhood's political wing, maintains that the overwhelming majority of the people voted to create a constitution by means of an elected constitutional assembly. No party or agency has the right to impose a prior mandate over the formulation of the constitution whether with regard to the ideology it enshrines or the institutions it establishes. He argues further that the notion of inviolable or supra-constitutional principles implies that the agency that sets these principles places itself above the constitution, because the constitution will not be able to exceed the boundaries the agency delineates. In like manner, the constitutional assembly would be bound by the rules this agency set, in other words, subordinated to a mandate promulgated by an unelected agency.
Kamal Habib, spokesman for the founders of Salam and Tanmiya (Peace and Development), another Islamist party, warns that "Islamists will not remain silent in the face of attempts by those in power to favour ideas that are against the people". He drew an analogy with Mubarak, who used the instruments of government in order to advance the interests of himself and his family. "The same thing is happening again today. The instruments of power and the state are being used to promote ideas and opinions that are against the people and Islam."
He accused the government of "political obstinacy" and Deputy Prime Minister Ali El-Silmi of promoting the ideological ends of the liberal trend he represents. Habib also warned of a mass march to protest against any attempt to establish governing principles for any new constitution.
In an attempt to end the impasse and escalating rhetoric the 34 political parties that belong to the Democratic Coalition for Egypt issued a document containing what they call "non-binding fundamental guiding principles for the constitution".
It includes the following points:
"The Arab Republic of Egypt is a democratic state founded on the principles of citizenship and the rule of law. It respects plurality and guarantees freedom, justice, equality and equal opportunity for all citizens without bias or discrimination. The Egyptian people are a part of the Arab nation and work to realise its comprehensive unity."
"Islam is the religion of the state, Arabic is its official language, and the principles of Islamic Sharia are the primary source of legislation. Non-Muslims who belong to the other divinely revealed religions may appeal to their religious strictures on matters pertaining to personal status and their religious affairs. The Egyptian people, alone, are the source of all powers, which they shall exercise by means of free and fair referendums and elections, conducted under judicial supervision and in accordance with an electoral system that guarantees just representation of the citizens without any discrimination or exclusion."
The suggested principles also include statements that Egypt adopt a democratic republican system of government based on the balance of powers, the peaceful rotation of authority and political plurality; political parties shall establish themselves by means of official notification and be considered legitimate on condition that their membership is not based on religious, geographic, ethnic, sectarian or class affiliation or on any other frame-of-reference that conflicts with the fundamental rights and freedoms contained in the declaration; that the sovereignty of law, applied without discrimination, be the basis of rule; that the autonomy of the judiciary act as a fundamental guarantee for the realisation of justice for all citizens; that human dignity is an inalienable right of every person and Egyptians are free and equal before the law in rights, freedoms and public duties, without discrimination on the basis of gender, origin, language, religion, creed, wealth, social status, political opinion or physical impairment.
As inoffensive as such provisions seem, Islamist groups have persisted in their outcry. The Muslim Brotherhood, the Sharia Organisation for Rights and Reform, the Salafist Calling, Ansar Al-Sunna, Al-Gamaa Al-Islamiya, the Ulema's Shura Council, the League of Ulema of the People of the Sunna, the Popular Will Front, the Coalition of the Youth of Islamic Egypt, the Freedom and Justice Party, Nour, Islah, Asala, Construction and Development -- issued a sharply worded joint statement in which they proclaimed that the promulgation of inviolable constitutional principles constitutes a flagrant provocation, a breach of democracy, an assault against the Egyptian will, and bias in favour of one part of the population against another. It warned that such a set represents a reversion to dictatorship. Referring to the turnout for the demonstration on 29 July, it said that the same people would not allow any agency to impose its mandate on them.
As the Islamists escalate their drive to combat inviolable constitutional principles, leftists and liberals have begun to form alliances to confront the impending threat of a theocracy. While some figures -- including the Grand Imam of Al-Azhar Sheikh Ahmed Al-Tayeb -- are struggling to mend the growing rift, the threat of another mass Islamist/Salafist demonstration is hovering ever closer.


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