Egypt partners with Google to promote 'unmatched diversity' tourism campaign    Golf Festival in Cairo to mark Arab Golf Federation's 50th anniversary    Taiwan GDP surges on tech demand    World Bank: Global commodity prices to fall 17% by '26    Germany among EU's priciest labour markets – official data    UNFPA Egypt, Bayer sign agreement to promote reproductive health    Egypt to boost marine protection with new tech partnership    France's harmonised inflation eases slightly in April    Eygpt's El-Sherbiny directs new cities to brace for adverse weather    CBE governor meets Beijing delegation to discuss economic, financial cooperation    Egypt's investment authority GAFI hosts forum with China to link business, innovation leaders    Cabinet approves establishment of national medical tourism council to boost healthcare sector    Egypt's Gypto Pharma, US Dawa Pharmaceuticals sign strategic alliance    Egypt's Foreign Minister calls new Somali counterpart, reaffirms support    "5,000 Years of Civilizational Dialogue" theme for Korea-Egypt 30th anniversary event    Egypt's Al-Sisi, Angola's Lourenço discuss ties, African security in Cairo talks    Egypt's Al-Mashat urges lower borrowing costs, more debt swaps at UN forum    Two new recycling projects launched in Egypt with EGP 1.7bn investment    Egypt's ambassador to Palestine congratulates Al-Sheikh on new senior state role    Egypt pleads before ICJ over Israel's obligations in occupied Palestine    Sudan conflict, bilateral ties dominate talks between Al-Sisi, Al-Burhan in Cairo    Cairo's Madinaty and Katameya Dunes Golf Courses set to host 2025 Pan Arab Golf Championship from May 7-10    Egypt's Ministry of Health launches trachoma elimination campaign in 7 governorates    EHA explores strategic partnership with Türkiye's Modest Group    Between Women Filmmakers' Caravan opens 5th round of Film Consultancy Programme for Arab filmmakers    Fourth Cairo Photo Week set for May, expanding across 14 Downtown locations    Egypt's PM follows up on Julius Nyerere dam project in Tanzania    Ancient military commander's tomb unearthed in Ismailia    Egypt's FM inspects Julius Nyerere Dam project in Tanzania    Egypt's FM praises ties with Tanzania    Egypt to host global celebration for Grand Egyptian Museum opening on July 3    Ancient Egyptian royal tomb unearthed in Sohag    Egypt hosts World Aquatics Open Water Swimming World Cup in Somabay for 3rd consecutive year    Egyptian Minister praises Nile Basin consultations, voices GERD concerns    Paris Olympic gold '24 medals hit record value    A minute of silence for Egyptian sports    Russia says it's in sync with US, China, Pakistan on Taliban    It's a bit frustrating to draw at home: Real Madrid keeper after Villarreal game    Shoukry reviews with Guterres Egypt's efforts to achieve SDGs, promote human rights    Sudan says countries must cooperate on vaccines    Johnson & Johnson: Second shot boosts antibodies and protection against COVID-19    Egypt to tax bloggers, YouTubers    Egypt's FM asserts importance of stability in Libya, holding elections as scheduled    We mustn't lose touch: Muller after Bayern win in Bundesliga    Egypt records 36 new deaths from Covid-19, highest since mid June    Egypt sells $3 bln US-dollar dominated eurobonds    Gamal Hanafy's ceramic exhibition at Gezira Arts Centre is a must go    Italian Institute Director Davide Scalmani presents activities of the Cairo Institute for ITALIANA.IT platform    







Thank you for reporting!
This image will be automatically disabled when it gets reported by several people.



The right kind of constitution
Published in Al-Ahram Weekly on 16 - 08 - 2012

It's been 20 months since the January 2011 Revolution, and we are still trying to find our way forward, mulling over the crucial decisions that need to be taken.
Most importantly, we need to agree on clear guidelines for the new constitution. To do so, it may be useful to examine our previous constitutions, especially those of 1923, 1956, 1964 and 1971.
As we give due consideration to various views offered regarding the constitution, we must keep in mind that the new constitution is what will open the way for future changes, for the realisation of all the aspirations associated with the January revolution. The right kind of constitution will help us abolish corruption, promote social justice, protect democracy and freedom and end our political subjugation.
We can be inspired by the past and yet seek a modern future. Modernity is not about discarding the past, or looking down on our customs. True modernity requires some originality, and we have no shortage of that.
So let's not turn our backs on the hard-won social and economic gains of the past, gains that have been enshrined in earlier constitutions. Even though these gains were squandered by the previous regime, they remain the fruit of years of sacrifice, and we mustn't be asked to give them away.
Also, constitutions are not only about words, but about the intent to turn these words into reality, something which we often neglected.
Our endeavour, therefore, is two-tiered. On the one hand, we have to write the right kind of constitution. On the other, we have to defend the constitution against all violations.
Some of the provisions of the 1971 constitution are still valid today as they were the moment they were written. Indeed, some of these provisions were mere adaptations of principles stated in the 30 March 1968 declaration. Here is a list of the provisions that deserve to remain in the new constitution:
- Protect and promote the social and economic gains of the people. The previous regime has robbed this provision of all meaning, but its content is still relevant to our needs. Take, for example, the 50 per cent quota for workers and farmers in elected councils. And the right of workers for a share in management and profits. Free education, women rights, family and children rights, all these are valid examples of a constitution that truly defends the rights of citizens.
- Assert the connection between social and political freedoms. The constitution must provide guarantees for personal freedom, for personal safety, for freedom of expression, scientific research, and a free press.
- State clearly that labour is the primary criterion of human worth.
- Spell out the guarantees for public, cooperative and private ownership, while defining the role and boundaries of each.
- Make it clear that the government is responsible for providing equal opportunity for all citizens.
- Mention that work is a right, duty and honour and that the right to work is protected by the state.
- Make it clear that national economy should be run in accordance with a development plan drawn up by the government.
- Ensure that capital must serve the needs of the national economy and not be used in ways conflicting with public good.
- State that the army is owned by the entire nation and that its job is to protect the gains of popular struggle and safeguard the country and its soil.
We are all aware of what happened to the 1971 constitution, which with the exception of later amendments was a well-written constitution. Sadly enough, this constitution was often violated, and it is time to think of why this happened, and how it happened.
For starters, our constitutional life was not only corrupted by the previous president or his top aides. It was corrupted because hundreds of parliamentarians, writers and journalists failed to speak up. So writing a new constitution is only one part of the job. The other part is to uphold the constitution and its principles. This is the cornerstone of any democratic regime.
The previous regime violated the constitution and disregarded its principles. To stop this from happening in the future, we must all defend the constitution. Defending the constitution is the responsibility of every one of us, especially the leaders of opinion. There are leaders of opinion in every part and every class in this country, and they have the duty to speak out when things go wrong.
We keep complaining that young people care more about money than principles. You know why? Because we don't teach the constitution in our schools, as the Americans and French do. Let's give the young the kind of knowledge that would protect them and protect the country. Let's teach the constitution in our high schools, so that the young may be willing to defend it if it comes under assault.
The Constitutional Court must also take the lead in protecting the constitution. This is something that cannot be stressed enough. Take, for example, the government decision to impose exorbitant tuition fees on language departments in state-run universities. Someone should have stopped this decision in its tracks, for it runs in the face of the 1971 constitution. The latter states in Article 20 that, "education is free at various stages in state-run institutions." This is only one example
Article 182 of the 1971 constitution is also worth keeping. This is the article that calls for a National Defence Council to be formed under the chairmanship of the president. The job of this council is to decide on matters affecting the safety of the country. Now that we have experienced a revolution during which the army had to step into politics, we may appreciate the contribution such a council could have brought to our lives at a critical moment in our history.
We don't have to reinvent the wheel. We already know the main points we need to include in our constitution. So let's get on with the job of writing the constitution. And more importantly, let's ensure that this constitution will have better luck getting implemented than previous ones.
Other constitutions have been violated in the past, including the 1923 constitution, which was often ignored and trampled on. Had that constitution been respected, the 1952 Revolution may have been averted.
Breaching the constitution is a serious matter, and those who aided and abetted in the breaching of the 1971 constitution must be brought to justice. As for the journalists who waxed lyrical about the regime while it was making a joke of our constitution, may they reside forever in the purgatory of public disdain.


Clic here to read the story from its source.