Two years ago the government promised there would be no extension of the state of emergency and that any replacement legislation would not be sprung on parliament but discussed well in advance. So what happened, asks Gamal Essam El-Din When the People's Assembly resumes sessions on Sunday it will discuss not only new legislations dealing with traffic, economic courts and the rights of children but could well be asked to further extend the emergency laws which expire on 31 May, or else approve new anti-terror legislation. On 30 April, 2006, the People's Assembly approved the extension of the emergency law for two more years by an overwhelming majority. Prime Minister Ahmed Nazif vowed at the time that the extension would be the last and that during the 2008 parliamentary session the emergency law would finally be abrogated in favour of new anti-terror legislation. Nazif recalled that in his 2005 presidential election manifesto President Hosni Mubarak had promised a Western-style anti-terror law. "The government is keen that President Mubarak's promise be fulfilled in 2008," Nazif told MPs. In the summer of 2006 Nazif formed a committee to draft the anti-terror law headed by Moufid Shehab, minister of state for legal and parliamentary affairs. "This government will not present the People's Assembly with a law that contains surprises," Shehab said. "Copies of the final draft law will be available to all political forces at least one month ahead of its discussion in the People's Assembly." Two years later, and a month before the end of the current 2007/2008 parliamentary session, and no copies are available. Nor are officials particularly keen to talk about what was once a flagship piece of legislation. "It is a great pity that Shehab did not live up to his promise," says Ahmed Kamal Abul-Magd, deputy chairman of the National Council for Human Rights (NCHR). Abul-Magd does not expect the state of emergency will be extended. "There are strong rumours that the anti-terror law is ready and that the government will surprise the People's Assembly with it at any moment," said Abul-Magd. Any further extension of emergency rule, he says, would trigger negative reactions both at home and abroad. "It will give a very bad message to anyone expecting Egypt to move towards political reform." Abul-Magd hopes that the anti-terror legislation that replaces emergency rule will be balanced but suspects that it may well be worse. He believes "the fact that the government is keeping the bill a secret is a bad omen". Some press reports suggest that the government will reach a decision within 10 days. "During this period President Hosni Mubarak will give the final word and decide whether a new anti-terror law or an emergency extension will be submitted to the People's Assembly next month," official sources told some newspapers. A month ago independent newspapers surprised the public by publishing a full text of the anti- terror bill. Commentators agreed that it was an unofficial leak ahead of discussion of the new legislation in the assembly. Opposition and independent figures were horrified at what they call the draconian powers given to security forces in the new law. The definition of terrorism had been left deliberately vague, said George Ishaq prominent member of Kefaya, "so as to provide the security forces with sweeping powers to detain not only those suspected of committing terrorist acts but also anyone who organises anti-government demonstrations and public protests". The bill, says Ishaq, constitutes an assault on personal freedom, allowing citizens to be detained without the prior approval of the state prosecutor. "It also authorises police forces to monitor personal mail and tap telephone calls," says Ishaq. His greatest worry, though, is that the anti-terror bill will incorporate amended Article 179 of the constitution. "The state will assume the responsibility of safeguarding security and public order in the face of the dangers of terrorism and the president of the republic is empowered to refer any terrorist crime to any courts, including military tribunals," reads the article which, argues Ishaq, effectively turns Egypt into a fully fledged police state. Addressing a public conference last August, Speaker of the People's Assembly Fathi Sorour said the anti-terror bill would impose penalties on journalists found guilty of promoting terrorist crimes. Sorour's statement caused a public outcry, forcing Shehab to emphasise that the bill did not seek to muzzle press freedom. Shehab also pointed out that Article 179 posited "special rules of identification and investigation... regulated under the supervision of the judiciary". "This shows clearly that implementation of the anti-terror law will be closely monitored by the judiciary and in a way that does not infringe on the individual freedom of citizens," Shehab said at the time. Many, though, continue to suspect such reassurances will eventually ring hollow.
