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Constitution or polls? A bone of contention
Published in The Egyptian Gazette on 08 - 06 - 2011

CAIRO - While Egypt's liberals and seculars press for a new Constitution to be drafted ahead of the upcoming legislatives polls, Islamists, spearheaded by the Muslim Brotherhood, call for respecting the result of a recent referendum, which stipulated that elections should be held first.
The issue of what should come first has become a bone of contention between both sides, placing extra pressures on the ruling Supreme Council of the Armed Forces (SCAF), which announced it wanted a short transitional period.
"Since there is agreement on the main pillars of the constitution, why don't we draft it? Being the father of the laws, a constitution can draw the line for new democratic Egypt ahead of the polls," said Wael Nawara, a senior member of the opposition Democratic Front Party.
"Insecurity as well as the fact that most political parties are not ready for running in elections are enough reasons for the parliamentary polls to be delayed," he added.
Nawara said that holding the polls in September as scheduled would result in a Parliament representing the past, "while Egypt looks forward to a different future".
Most liberal and secular powers support the suggestion that the constitution should be drafted first with Mohamed el-Baradei, a potential presidential candidate, starting a campaign entitled: "The Constitution First".
"Egypt should get a constitution first even if its drafting took time. During the period in which the constitution is crafted, things will calm down and then polls can be held smoothly," said Ibrahim Darwish, a constitutional expert.
Darwish added that the drafting of the constitution should be preceded by societal dialogue.
A National Accord Conference held late last month also recommended that the constitution should be drafted first. However, all such campaign gave no clear mechanism for how the constitution will be drawn up, according to one analyst.
"If the SCAF agreed to draft the Constitution first, who would take part in the drafting process and how can the SCAF select the figures to hold what is called the Constitution convention?" said Mohamed Selim el-Awa, an Islamist lawyer.
El-Awa added that the Constitution-first argument was due to fears that the well-organised Muslim Brotherhood would emerge with the majority of the seats in the upcoming elections.
The Muslim Brotherhood rejected the calls for the Constitution to precede the polls, saying that this is a bid to circumvent the will of the Egyptian people, which were clear in the March 19 referendum.
"The people agreed with a clear majority to electing lawmakers, who will then draft the constitution. Drafting a constitution without the people's consent may be catastrophic," said Mohssen Radi, a senior Brotherhood member.
Radi added that drafting a constitution before the polls would prolong the transitional period. "This risks a political deadlock," Radi told The Egyptian Gazette by phone.
Some political groups allege that the Muslim Brotherhood had a deal with the ruling SCAF to get the majority of the seats in the parliament then a majority in the committee to form the constitution. The ruling SCAF has dismissed such allegations as baseless.


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