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SCAF ultimatum on constitution
Published in Al-Ahram Weekly on 07 - 06 - 2012

The stand-off between the Muslim Brotherhood and other political parties -- SCAF included -- over the constituent assembly, is expected to come to a head today, writes Gamal Essam El-Din
The Muslim Brotherhood's Freedom and Justice Party (FJP) has again used its parliamentary majority to block attempts to amend last year's Constitutional Declaration ahead of run-off presidential elections scheduled for 16-17 June.
The FJP boycotted a meeting between the ruling Supreme Council of the Armed Forces (SCAF) and political forces held to discuss possible changes to Article 60 of the Constitutional Declaration which entrusts the two houses of parliament with forming the constituent assembly mandated to draft a new constitution.
On Tuesday People's Assembly speaker Saad El-Katatni warned that any attempts by SCAF to issue an annex to last year's Constitutional Declaration would be viewed as an aggression against parliament's legislative prerogatives. "Since 23 January, when the newly elected People's Assembly met for the first time, legislation became the exclusive right of parliament," said El-Katatni. "No other body has the authority to issue legal decrees or constitutional declarations. Parliament will not allow anyone to usurp its rights."
On the same day a six-hour meeting between SCAF and representatives of political forces ended in agreement that a committee be formed to contact the Muslim Brotherhood's FJP and urge it to speed up the issuing of a law fixing the guidelines and criteria for forming a constituent assembly which were approved by a majority of political parties, including the FJP, in a meeting held with SCAF on 28 April.
Last year's Constitutional Declaration failed to delineate the powers and duties of the new president, an omission SCAF now wants to change. On Monday SCAF leaders met with the advisory council, led by Bar Association Chairman Sameh Ashour, to debate the issue.
"There are growing fears that the new president will be elected and the transitional period end without a new constitution being in place," said Ashour. "The advisory council proposed that SCAF move to amend Article 60 of the constitutional declaration to help set up a new constituent assembly to be tasked with writing a constitution."
Advisory council member Ahmed Kamal Abul-Magd, a professor of constitutional law, argues that "SCAF is empowered to amend Article 60 of the Constitutional Declaration in the event that parliament fails to form a constituent assembly."
"The Islamist-dominated parliament has deliberately delayed the formation of the constituent assembly," says Mohamed Abul-Ghar, chairman of the liberal Egyptian Social Democratic Party, in the expectation that its presidential candidate, Mohamed Mursi, will win. "The Muslim Brotherhood can no longer be trusted over the constituent assembly."
"Despite SCAF and political forces, including the FJP, reaching an agreement on 28 April on a set of guidelines and criterion for forming the constituent assembly, the Muslim Brotherhood's FJP has consistently backtracked.'
El-Katatni, the FJP's former secretary-general, refused to endorse the 28 April deal. Instead, he asked the assembly's Legislative and Constitutional Affairs Committee, which is packed with Islamists, to review ways in which the constituent assembly is formed. Boycotted by most political parties, the committee has since dragged its feet.
After Tuesday's meeting with SCAF, independent MP Mustafa Bakri said the military council was "determined to amend Article 60 of the constitutional declaration and incorporate the guidelines agreed on 28 April for forming a constituent assembly should no other agreement emerge among political forces by 2pm Thursday."
"I think all political parties will be able to reach an agreement on the 28 April criterion. Guidelines on forming the constituent assembly can then be issued in the form of a law by the People's Assembly," said the Wafd Party's chairman.
In their meeting with SCAF political parties opposed the idea, currently being mooted by supporters of a number of unsuccessful presidential candidates, that a presidential council be formed. Presidential elections, they argued, must be completed as scheduled."
The 28 April meeting between the Supreme Council of the Armed Forces (SCAF) and the chairmen of political parties lasted for seven hours and resulted in a six-point deal. Secular and Islamist forces, led by the Muslim Brotherhood's Freedom and Justice Party (FJP), agreed that the formation of the 100-member constituent assembly to replace the Islamist-dominated assembly dissolved by judicial order on 10 April, should begin as soon as possible.
Under the deal the assembly would comprise 37 representatives of political parties and 63 public figures, including four from the Sunni Islam Institute of Al-Azhar, six from the Coptic, Catholic and Anglican Churches, 10 professors of constitutional law, four representatives of the main judicial authorities and four representatives of farmers and workers.


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