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Controversy over role of army in new constitution
Published in Youm7 on 29 - 10 - 2011

CAIRO: Youm7 published a report on Friday regarding constitutional amendments and the role of the Egyptian Armed Forces, which has aroused controversy among legal and constitutional experts as well as human rights groups.
The amendments aim to make the Egyptian army the protector of the civil state and the constitution. However, some of experts warn of excluding military members from being questioned and of their monitoring the budget.
They all agreed on including the Armed Forces' budget in the state's general budget.
This trend aims to make the Armed Forces the protector of the civil state, said advisor Maj. Gen. Abdel-Moneim Kato. Kato said there must be separation between the positions of Commander-in-Chief of the Armed Forces and Minister of Defense.
Regarding the Armed Forces budget, Kato said the army's budget is included in the state's economy, and that there will be supervisory committees from the Peoples' Assembly and Shura Council on the army's budget.
Safwat Hussein, a history professor at Damanhur University, said he believes Egypt's ruling Supreme Council of the Armed Forces (SCAF) will not be absent during the passing of Egypt's new constitution.
He called on the SCAF to clarify its vision, especially as some presidential candidates issued documents regarding the army's role and calling for armed protection of the civil state. Hussein specifically references Hisham el-Bastawisi's National Council document.
Some of the uncertainly regarding the Armed Forces revolves around secrets between the army and the United States, which cannot be openly discussed, said Hussein.
He also commented on the Turkish constitution, which prevents questioning the Armed Forces in parliament. Hussein warned of copying the Turkish model.
Removing the duty of choosing the Commander-in-Chief of the Armed Forces from the president represents the army's coming battle, he added.
In some Western countries, the Minister of Defense post can be held by civilians and women, Hussein said.
He said the necessities of national security should not be a pretext to control the parliament and keep the auditing authority away from the army's budget. He suggested that a parliamentary committee audit the army's budget in secret sessions.
Strategic expert at Nasser Military Academy Maj. Gen. Ali Hifzi said there is no reason to change the army's status in the new constitution. He said the army's role is confined to protecting the state and the people.
However, he said, its status could be amended if the army is authorized with new duties or exempted from others.
As for separation of the posts Commander-in-Chief of the Armed Forces and Minister of Defense, Hifzi said this concept is acceptable. However, he said it would have to be applied in the future, as it cannot be achieved until Egypt's transitional period has ended and also because of the current poltical situation.
He said the budget is being conducted but did not go into more details because of secrecy.
Constitutional expert Tharwat Badawi said the Armed Forces are not “suitable” to have status in the new constitution as the army only has authority in protecting the state and should not intervene in the state's affairs.
He added that the army's budget is an integral part of the state's general budget and is thus under supervision.
Any arrangement in any new constitution will authorize the Armed Forces to protect the country's borders and obtain the best armaments, said lawyer Negad el-Borei, head of the United Group. He said this arrangement is welcome.
Borei said the position of Commander-in-Chief should be canceled and only the position of Chief of Staff retained to oversee the internal affairs of the army.
The military budget should be included in the state's budget, but expenditures are a matter related to the Armed Forces, he added.


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