Wednesday, December 18, 2013

Constitution 2013 Edition : Let’s get over this shit quickly ya People !!

The controversies of the draft constitution do not want to end. The latest controversy is what Dr. Mohamed Abu El Ghar , the member of the Constitution committee and leader of the Egyptian Social Democratic Party said on TV last Monday about the last minute change in the constitution preamble without the approval of the committee.
Here is the video in Arabic .
In that interview with Rania Badawy on Al Tahrir TV channel , Abu El Ghar says that the text regarding the civility of the state was changed in the preamble with informing the committee after it finalized its work.
The committee voted on a final draft containing the word "civilian rule" in the preamble, while the version submitted by the committee to the interim president on 3 December replaced the phrase with "civilian government." Yes the original text till last minute was “Egypt’s civilian rule ” but it changed suddenly in the final session to “Egypt’s civilian government”.
In the interview Abu El Ghar accused the deep state of changing the text in order to please the Salafists and to ensure that they would vote in the referendum in the favor of the constitution. He also said only Amr Moussa and very few members in the committee knew about this deal and this last minute change in the preamble.
He also hinted out that the army played a role in this last minute change in the dinner they invited the members of the constitution committee to.
In end the leader of the SDP is telling the people that they wanted just to get over with that shit “regardless of being shit” so the Muslim Brotherhood would not gloat !!
Of course all the members of the Constitution committee are denying that there were pressures from any party or institution aka the army to alter anything. Amr Salah , the youth so-called representative in the committee posted on his Facebook page that Dr. Abu El Ghar was lying.
Poor Dr. Abu El Ghar now is saying that he was misunderstood.
And people like Abu El Ghar are considered liberal elite in Egypt !!!
A follow tweep told me today that the problem of Abu El Ghar and old politicians like him that they gambled with our future and our kids’ future . It is true but still we can do something about this future.
To be honest the Salafists are not the only group in town that are supporting that change in the preamble. The military join the Salafists in being the biggest winner when it comes to the “civilian government” if I understand correctly Ahram Online’s report about the whole matter.
Constitutional expert Rafaat Fouda, head of the public law department at Cairo University, believes there is a major difference between the two formulations.
Civilian rule, he said, would prohibit having a military man or man of religion as president, would prevent any kind of political activities with military or religious tones, and would outlaw applying military provisions to civilians -- including military trials for civilians, a measure permitted in the draft constitution. The term "civilian government" would make all of the above scenarios legally possible, according to Fouda.
"The term 'civilian government' is useless because the cabinet does not rule (alone)," Fouda told Ahram Online. The Arabic word for government is often used to refer to the cabinet.
Ruling power is divided between the president and the parliament... this term allows military men or clerics in the presidency or in parliament."


Still the “Civilian government” contradicts with the fact the minister of defense in the Draft Constitution should be a military.
The "civilian government" expression, Fouda argued, does not allow any military personnel or religious clerics in the cabinet. Paradoxically, another article in the constitution states that the defence minister has to be chosen from among the ranks of the military.
Back to Dr. Abu El Ghar’s revelation , well I hate to tell you that any lawyer can use this interview to nullify the referendum by claiming that there was last time unapproved change in the preamble.
This is just an example of the things I do not approve in the constitution. I am not angry or surprised but I am astonished at how much passive Dr. Abu El Ghar is. Nations’ constitutions are not drafted according to theory “Let’s get over this shit ya people” nor they are approved so the opposition parties and groups won’t gloat.
And here I remember Dr. ElBaradei’s words “This is not how nations are managed”
The Constitution referendum will be held next 14 and 15 January in Egypt. Egyptians abroad will vote in the referendum earlier on 8 January 2014. Up till now the  parliamentary electoral systems have been determined yet.It is left to the presidency to choose it.

11 comments:

  1. This is the same Constitution that wants to ban parties based on religion but say Islam is the religion of the state and Sharia the primary inspiration for its laws. I don't think contradictions bother them much, the new management isn't planning on paying much attention to it anyway.

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    1. It is the gap through which the Salafists will keep their party

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    2. Exactly, because you don't need a Constitution to sum up the new system in Egypt. Do what we say and we'll try to give you some economic opportunity. Don't do what we say and you will be banned, shot, tortured and imprisoned. Same as the last two, but with fewer checks and balances than the last one. The rest is just decoration and nobody takes it seriously anyway.

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    3. I believe that the Nour and other pro-government Salafists have reached an agreement with the primary state powers to gut that provision in the constitution entirely. It won't be enforced at all except maybe as a means of opposing the Brotherhood or certain minor parties. It is pretty much unenforceable anyways; not only due to contradictions with other parts of the constitution, but also because most of the Egyptian political scene would have to be erased as well, even including friends of the police state.

      The only two reasons why it was included in the constitutions were to give the NSF the illusion that one of its "demands" was being listened to and also as a possible means of arbitrarily eliminating parties that threaten the police state or the status quo.

      Who seriously can believe a Sisi presidency is something that remotely could be labelled as "secular?" A man that apparently claims to receive heavenly messages authorizing his seizure of the presidency is acting in a fashion akin to the ancient pharaohs or certain Roman emperors.

      Also, Saudi Arabia will not allow its puppets to permit any kind of emergence of real Nasserism or Ataturkism.

      The fact that "class based" political parties were disrupted from organizing in past constitutional declarations was also a means of restricting political freedom and inhibiting competition among political forces.

      I have not doubt that most of the ministers will resisting allowing the constitution to defend the faintest notion of human rights. Isn't it so disgustingly ironic that repression and the rolling back of liberty are escalating in the weeks preceding a referendum for a constitution touted by totalitarians as affording protection for human rights?

      In any event, it is starting to seem more questionable whether the interim cabinet will even survive long enough to hold elections. A serious cluster of economic catastrophe, police brutality, and political repression is going to make January 25, 2014 an important date. A second Rabia/Egyptian Tiananmen at Tahrir would probably be fatal to the ruling clique.

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  2. "And here I remember Dr. ElBaradei’s words “This is not how nations are not managed”. Is that a typo, or that's what he actually said?, and if so what did he mean exactly by "not managed"

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  3. Oh yea, but thanks god we get rid on MB's constitution; said by the 30 June idiots!

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    1. And the MB was the first to give the military powers they did not have before even in time of Nasser when it comes to constitution ....

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    2. And did they do that because they were afraid of the military or because they really believed in military rule? The former, obviously. Correctly, it turns out.

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  4. I wonder if our media will put a spot on that to let people know what's happenning or they'll also get over this shit.

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  5. The junta is not going to cheat on its civil union partner, the Nour party. These two are very content to dupe so-called secularists into supportimg their dictatorship. All they have to do is shout "Ikwan!" and simple-minded buffons will flock to their autocratic banner. Amr Moussa's joint deception with his Salafist and army allies is just one more case study in this not very amusing charade.

    The no vote needs to discuss how to organize and inflict maximum political damage on the junta.

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