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Selmy's document amended
Published in Youm7 on 16 - 11 - 2011

Youm7 received Deputy Prime Minister Ali el-Selmy's constitutional principles' document, showing amendments made to the document.
The amendments included a complete change to the first article of the constitutional document after political forces conveyed their dissatisfaction with the document to Selmy.
The first article was changed to say that Egypt would be a unified nation under a democratic civil regime based on citizenship, rule of law, and guarantees of freedom, justice and equal opportunities among citizens without discrimination under the law.
Article 4, which concerned changing the regime to a Democratic Republic, was also amended. This regime will be based on balance between authorities, the peaceful transfer of power, and a multi-party system as long as not at the expense of religious, geographic, ethnic, sectarian, or factional fundamental rights mentioned in the declaration.
Amendments were also made to the most controversial articles, nine and ten.
After amendment, Article 9 reads: “Only the State forms armed forces, which belong to the people. Its role is to protect the country and maintain its security and unity. No institution or party has the right to establish military or paramilitary groups. The Supreme Council of the Armed Forces will be concerned with all related issues, and the budget related to the conscription. The council will be consulted for legislation related to the military forces. The head of state is the president of the Supreme Council of the Armed Forces, and the Minister of Defense is the Commander in Chief.”
Article 10 reads: “There shall be a council called ‘The Council of Defense and National Security,' which will be headed by the head of state, and concerned with issues related to state security and the budget of the armed forces. The law determines the formation of the Council of Defense and National Security. The president declares war after consulting the Council of Defense and National Security and with the consent of the People's Assembly.”
The second portion of the document, “The Announcement of the Main Principles of Modern Egypt,” is supplementary to the original 12 articles. This portion is concerned with rights and public freedoms.
Item 13 of the document provides that basic principles, rights, and public freedoms in the relevant document are associated with Egyptian citizenship and shall not be stopped, suspended, or cut. Any authorities, entities, groups, or individuals shall not practice any action aiming to abolish, diminish, or distort them.”
The formula for the composition of the constituent assembly that will draft the constitution was also amended. Eighty representatives that are not members of People Assembly and Shura Council will be selected as follows:
• 12 from the Judiciary: three from the High Constitutional Court, three from the Court of Appeals, two from the State Council, two from State Lawsuits Authority, and two from Administrative Prosecution.
• 12 university professors including at least five of professors of constitutional law.
• 15 representatives of professional syndicates, chosen during a meeting of syndicate councils.
• Five representatives of labor syndicates, chosen by labor unions.
• Five representatives of farmers, chosen by unions.
• Five representatives of the civil associations' union, including those with special needs.
• Five female representatives of women's associations, chosen by the unions' department.
• Five representatives of Human Rights associations chosen by the National Council for Human Rights.
• A representative of the Writers' Union.
• A representative of the Chamber of Commerce.
• A representative of Industries' Union.
• A representative of Businessmens' associations.
• A representative of the National Council for Human Rights.
• A representative of the Tourism Chambers.
• A representative of the Police.
• A representative of the Sport Unions.
• A representative of the Students' Unions.
• Three representatives from Al-Azhar.
• Three representatives from Egyptian Churches.
The remaining members, the total number of which is still to be decided, will be chosen from partisan and independent members of the People's Assembly and the Shura Council, according to their representation. Each party will have between one and five representatives.
At least ten women shall be included among the members of the constituent assembly, and at least five of them will be under 35.
If the constitution project prepared by the constituent assembly includes text contradicting the basic foundations of the state, Egyptian society, rights and public freedoms, that the previous Egyptian constitutions approved, including the constitutional declaration issued in March 2011, and coming constitutional declarations, the Supreme Council of Armed Forces or the Peoples Assembly can demand reconsideration of these provisions within 15 days from the date of submission. If the constituent association does not agree on these provisions thereof, the military council shall refer this matter to the Supreme Constitutional Court, which will pass judgment in seven days. The verdict, once issued, is final.
If the constituent assembly for any reason does not finish the preparation of the constitution within six months as mentioned in the constitutional declaration, the Supreme Council of the Armed Forces can form a new constituent assembly to draft the constitution within three months from the date of its formation.
After the constitution is drafted, within 15 days it will be confirmed by a referendum.


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