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Advice for whom?
Published in Al-Ahram Weekly on 15 - 12 - 2011

Islamist forces will not countenance any sharing of parliamentary power with the newly formed advisory council, reports Amani Maged
The Supreme Council of the Armed Forces' (SCAF) proposal to create an advisory council sparked the anger of many, not least Islamists, leading the Muslim Brotherhood to withdraw its representatives -- Mohamed Mursi and Osama Yassin, the president and assistant secretary- general, respectively, of the Muslim Brotherhood's political wing, the Freedom and Justice Party (FJP) -- from discussions.
Following clashes between security forces and demonstrators in Tahrir Square from 16 to 20 November SCAF invited a number of public figures to a meeting to discuss ways to resolve the crisis between the protesters and the Interior Ministry. The participants agreed to form a civil entity that would participate in managing the country's affairs during the transitional period. The purpose of the advisory council, as it was called, was to assist SCAF in decision taking. The civilians at the meeting formulated the portion of the declaration pertaining to the council's powers and chose former minister of information Mansour Hassan as the council's chairman, Wasat Party President Abul-Ela Madi and Nasserist Party leader Sameh Ashour as its vice chairmen, and legal scholar Nour Farahat as its secretary-general.
Before the council held its first session a member of SCAF announced that it would be responsible for setting the criteria for members of the constitutional assembly and for drafting the presidential election law. In a statement to foreign press representatives General Mokhtar El-Mulla then declared that the new parliament would not be representative of Egyptian society. An angry Muslim Brotherhood then withdrew its members from the advisory council. Although SCAF member Mamdouh Shahin quickly issued a retraction, saying the forthcoming parliament would be solely responsible for choosing members of the constitutional assembly, the damage had been done. FJP legal advisor Ahmed Abu Baraka demanded an official statement from SCAF confirming Shahin's reassurance. It has yet to be forthcoming.
The Muslim Brotherhood now says the advisory council is a ploy to deprive parliament of its right to select members of the constitutional assembly. It also argues that to claim the forthcoming parliament will not be representative of Egyptians derides millions of Egyptian voters.
"We appeal to all concerned to respect the will and sovereignty of the people. For the sake of the nation and in the interests of establishing a proper democratic life and sound system of government we urge an end to attempts to circumvent the popular will," said FJP Secretary-General Mohammed Saad El-Katatni.
"No entity has the right to expropriate the will of the people and its legislative assembly by promulgating laws that will continue to be enforced after the new parliament is sitting. The constitution is the highest law of the land and it will not only affect this generation but generations to come. This constitution, therefore, must be drawn up by a body elected by parliament, on the condition that it represents all sectors of society so that the constitution it produces is consensual."
Mohamed Selim El-Awwa, a potential presidential candidate and a member of the advisory council, appealed for calm as he attempted to allay the Muslim Brotherhood's concerns. Allegations that the advisory council is a means to revive earlier attempts to impose a set of inviolable principles, or to meddle in affairs that fell under the mandate of the People's Assembly and Shura Council, were unfounded, he said.
"No one has power over the legislature because its members are elected by the will of the people."
El-Awwa stressed that the advisory council was a temporary body with a remit that would end once the two houses of parliament went into session and a president was elected. The council, he said, "is a voice for the entire nation... it expresses the views of Muslims, Christians, liberals and the left and its decisions will be taken by majority vote, independent of party or group affiliations".
El-Awwa urged the Muslim Brotherhood to reconsider its withdrawal from the council since its presence "is a source of strength for all the nation".
Elaborating on the functions of the council, El-Awwa said it is intended to serve as a bridge between public opinion and the Armed Forces.
"The council will assist SCAF on matters of concern to the public. It will air opinions and propose solutions to a host of problems, including sectarian strife."
El-Awwa cautioned against the tendency to confuse criteria with procedures.
"Parliament will elect the members of the constitutional assembly. No one will be able to impose anything on the Egyptian people," he stressed. As far as procedure was concerned, "members of the advisory council will draft a bill of law that will be brought into effect by SCAF edict before the two houses of parliament go into session".
Wasat President Abul-Ela Madi adds that one of the council's roles will be to offer its opinion on legislation that SCAF may issue. He has warned that he will resign from the council in the event that differences arise over the agreement already reached with SCAF. Madi has denied rumours that the council will play any role in the creation of the constitutional assembly by imposing quotas which would, he argues, be in breach of the constitutional declaration approved by popular referendum in March. "Neither the advisory council, nor the government, nor SCAF will have a voice in the selection of the members of the commission that will draw up the articles of the new constitution," he insists.
Yasser Borhami, vice-president of the Salafist Calling, is not convinced. Not only has the council no role in selecting the constitutional assembly, Borhami objects to its very existence in its current form.
"Does it make sense," he asks, "for this council to have only four representatives of the Islamist trends compared to 21 representatives of liberals and Christians? This demonstrates a clear bias in favour of secularist forces, in spite of the fact that the actual weight of each camp on the ground is obvious to anyone with eyes."
"No one has the right to create new bodies with a mandate over the people's elected representatives," says Borhami, who views claims that the People's Assembly will not represent the public as an attempt to impose a mandate on the Egyptian people.
"It is the Egyptian people who determine the relative weight of political forces. SCAF should turn its attention to ensuring the greatest possible degree of integrity in the elections instead of inventing authorities and powers for its advisory council."
On Monday SCAF issued a statement assuring the public that newly elected MPs will have the right to form the committee entitled to write the constitution and that the advisory council's role will be restricted to furnishing advice and opinions.


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