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The struggle for consensus
Published in Al-Ahram Weekly on 08 - 03 - 2012

The window closes today for receiving proposals on the formation of the 100-member committee tasked with drafting Egypt's new constitution, writes Gamal Essam El-Din
By Tuesday 55 proposals on the formation of a 100-member assembly tasked with drafting Egypt's new constitution had been received by the parliamentary technical committee overseeing the process. The technical committee includes 25 officials drawn from the general secretariats of the People's Assembly and Shura Council. Their job is to classify all the proposals before they are submitted to a joint meeting of the two houses of parliament scheduled for 17 March.
In a statement on Tuesday the technical committee said most of the proposals received were submitted by parliamentarians during the joint session of the People's Assembly and Shura Council held on 3 March. "Other proposals have been received from political parties but none has been submitted by judges," said the statement.
The last opportunity to table a proposal is 3pm today.
On 17 March the two houses of parliament will meet to review all suggestions. On 24 March they will vote on the measures to be adopted in forming the 100-member Constituent Assembly tasked with writing the constitution.
On 3 March elected deputies from both houses held a joint meeting in which representatives of 24 political parties submitted proposals over who should have the right to draft Egypt's first post- 25 January Revolution's constitution. Differences emerged between Islamist parties over the make-up of constituent assembly.
Hussein Ibrahim, parliamentary spokesman of Freedom and Justice Party (FJP) -- the political wing of the Muslim Brotherhood -- proposed that the writing of the constitution be entrusted to 40 elected parliamentarians and 60 non- parliamentarians, with the majority of the latter drawn from civil society organisations.
"The FJP believes half of the non- parliamentary members should be experts, specialists and technocrats, and half should come from existing associations and organisations," said Ibrahim.
"The FJP is ready to welcome everyone to ensure that all sectors of Egyptian society are represented."
"The FJP seeks to meet a goal of the revolution and of the noble Egyptian people by forming a constituent assembly that includes all classes and segments of society."
"We want a constitution that safeguards citizenship without regard for colour, sex or faith, that ensures social justice for all, makes all Egyptians equal before the law and which guarantees the independence of the various authorities." The ultra-conservative Islamist party Nour wants the assembly to contain 60 parliamentarians, a figure on which their fellow Salafis in the Asala Party agree. The Construction and Development Party (the political wing of the Gamaa Al-Islamiya) wants 70 from parliament.
"What matters is not the proportion of members who are or are not parliamentarians but their competence in drafting a constitution," says the moderate Islamist Wasat.
"The Wasat Party believes professionalism is the main consideration in forming an assembly that represents all sectors of Egyptian society," said MP and party deputy chairman Essam Sultan.
The FJP proposal gained support from non- Islamist groups. Mustafa El-Naggar, MP and chairman of the Justice Party, came out in favour, as did MP Wahid Abdel-Meguid, an Al-Ahram political analyst. Other secular forces want a smaller number of elected MPs.
The Free Egyptians Party would prefer just 30 MPs. The party's representative in the Shura Council proposed a cap of five members from any single party, with independents treated as a bloc.
The Egyptian Social Democratic Party (ESDP) proposed 25 elected MPs.
Abul-Ezz El-Hariri, spokesman of the Popular Democratic Alliance, did not recommend a specific number. "It is sufficient," he said, "for members of the general committees of the two houses of parliament to be represented on the assembly."
NDP offshoot the Horreya Party argued the number of elected MPs on the assembly must not be less than 50 while Ittihad insisted it was necessary for at least one representative from every party in parliament to be included.
Ittihad Al-Arabi -- the Arab Union -- Party recommended just 20 elected MPs.
Parliamentary speaker Saad El-Katatni endeavoured to contain fears that Islamists would dominate the 100-member constituent assembly.
The former secretary-general of the Muslim Brotherhood's FJP vowed that all sectors of society would be represented.
"Nobody will be excluded from the constituent assembly and decisions will be adopted on the basis of consensus and partnership."
In his speech El-Katatni reviewed all of Egypt's constitutions since 1882. Mahmoud El-Khodeiri, chairman of the Legislative and Constitutional Affairs Committee warned that "the army must not impose its views on the constitution" and repeated secular arguments that women, Copts and professionals be represented.
Political analysts believe Egypt's ruling generals, keen to protect the economic and political interests of the army, are unlikely to remain neutral as a new constitution is being written. There are already reports that the advisory council, headed by former information minister Mansour Hassan, has drafted an army-inspired constitution that will be forced on the constituent assembly.
Nor has the spectre of Islamists hi-jacking the constitution been laid to rest. The ultraconservative Nour Party has registered its objections not only to the word secular being included in the constitution but also to any mention of Egypt being a civilian state on the grounds that it reflects the liberal values of the West.
How the constitution balances the power of the president and the judicial and legislative branches of state remains another controversial issue. While most elected MPs believe the powers of the president must be curtailed, presidential hopefuls say this could reduce the office to a toothless figurehead.
Many MPs have sounded a note of warning against rushing the writing of the constitution. "We should use all of the six months allowed by the Constitutional Declaration to draft the new constitution and then put it to a public referendum," says FJP's Hussein Ibrahim.


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