March 25th, 2012 by Editor
On March 27, 2012, the administrative court will discuss the challenge submitted by Mr. Hafez Abu Seada, attorney at law, the head of the Egyptian Organization for Human Rights (EOHR), on forming the National Constitutional Assembly, %50 parliamentarians and %50 non-parliamentarians.
On March 5, 2012, EOHR filed the lawsuit no. 26954, year 2012, registered under no. 66 before the administrative court. EOHR called the Supreme Council for Armed Forces to cancel its decision on the selection of the National Constitutional Assembly’s members from among the elected parliamentary members.
On March 3, 2012, the elected members of People’s Assembly and Shura council met together, following the invitation of the SCAF, in order to select the members of the constitutional assembly. The parliamentarians came to the 100-member constitutional assembly formation meeting with many different points of views related to the different visions of the Egyptian political parties. They could not agree on the selection criteria of the assembly’s members, which will also place many obstacles on the way to democratic transformation in Egypt. The difficulties on the way to democracy and the rule of law include:
1- The selection of the national constitutional assembly’s members from among the parliamentarians will lead to giving the power to the legislative authority only.
2- The formation process will be non-constitutional if only the parliamentary members from the national constitutional assembly.
3- The majority of the parliamentarians belong to few political parties; so they will come with a constitution does not meet the desires of the public.
4- Power monopoly will lead to imbalance, even after the Egyptian revolution.
The abovementioned expected democratic transformation obstacles led EOHR to file an emergency lawsuit, calling the SCAF to place criteria for forming the national constitutional assembly. EOHR calls for Consensual constitutional assembly include all the Egyptian powers and groups including parliamentarians, judges, representatives of the civil society organizations, syndicates, political parties, business men, feminist NGOs, writers, politicians, military and police officers, sheikhs and priests, Nubians and nomads etc. the assembly should draft the constitution trough broadcasted discussion and hearing sessions in order to be monitored by the Egyptian people.
Mr. Hafez Abu Seada, the head of EOHR, stated that the parliamentary decision for formation of the National Constitutional Assembly will lead to inequality of opportunities between the different national political powers. This will not comply with the international standards emphasizing on equal opportunities and the Egyptian national constitutional declaration, article 60, issued in March 2011. Each political group should take-part in the constitutional assembly in order to have the constitution that reflects the points of view of the majority. Abu Seada confirmed that the Egyptian parliament includes majority of Freedom and Justice Political Party, which means that, Muslim Brotherhood will mainly form the Egyptian assembly and draft the constitution too. The intended constitution will meet the ambition and goals of the Islamists only and the minorities will not be represented. That means the rights of the minorities within the intended constitution will not be tackled.
Abu Seada invited the Egyptian citizens, different political powers, political parties, syndicates, research centers, civil society organizations, authors, scientists, psychologists, sociologists, political and human rights’ defenders to cooperate together in order to draft the first constitution after the Egyptian revolution. All the Egyptian people should work together in order to achieve the long-awaited democracy.
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