Upload
orinda
View
43
Download
0
Tags:
Embed Size (px)
DESCRIPTION
EGYPT’S 2014 CONSTITUTION HUMAN RIGHTS FOR ALL. MONA ZULFICAR VICE PRESIDENT CONSTITUTIONAL COMMITTEE OF 50. EGYPT’S 2014 CONSTITUTION HUMAN RIGHTS FOR ALL. A - PROCESS OF PRODUCING THE 2014 CONSTITUTION. EGYPT’S 2014 CONSTITUTION HUMAN RIGHTS FOR ALL. - PowerPoint PPT Presentation
Citation preview
1
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
MONA ZULFICARVICE PRESIDENT
CONSTITUTIONAL COMMITTEE OF 50
2
A - PROCESS OF PRODUCING THE 2014 CONSTITUTION
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
3
The “road map of the future”
issued by the political and popular
forces of the 30/6 second wave of Jan.
25 revolution against the failed
presidency of former President Morsi,
and supported by the army, provided
for the following constitutional
procedures:
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
4
1 An expert committee of ten (six senior
justices appointed by the Supreme
Constitutional Court, State Council and
Court of Cassation) and four
constitutional law professors
appointed by the Supreme Council of
Egyptian Universities) produced a draft
amended constitution in one month, based
on the 2012 Constitution & the heritage of
Egyptian constitutions since 1923.
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
5
2 A Constitutional Committee of 50 comprising broad & diverse representation:
38 members elected/appointed by diverse
institutions: professional syndicates, labor & farmers
federations, trade unions, writers & artists unions,
student councils, NGO’s fed, national councils (HR,
women, children, disabled), religious institutions (Al
Azhar (3), and the churches (3)), political parties (8
members) MB invited but declined while Al Nour
Salafi party actively participated and political Islam
was represented by 10% under different hats.
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
6
2 members, one representative for each
of the army and the police.
10 public personalities appointed by
cabinet used primarily to ensure
representation of minorities (Sinai,
Nubia, women, Copts) and dignitaries
like Amre Moussa, Sir Magdi Yacoub and
the elected president of Cairo
University).
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
7
3 Committee of 50 produced substantively
a new text of 247 articles (105 articles not
amended, 96 amended and 46 new)
although technically called amendments
of 2012 constitution.
4 Committee of 50 approved more than
95% of articles by consensus and c 5%
by a majority of at least 75% of the
members.
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
8
5 Draft delivered to interim president
on December 3, 2013 and
endorsed in a public referendum on
Jan. 14/15, 2014 by c 98 % (around
20 million votes) with a turnout of c
39% of voters.
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
9
B – MAJOR CHALLENGES BEFORE THE CONSTITUTIONAL
COMMITTEE OF 50
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
10
1 Consensus building Vs diverse
composition of Committee of 50.
2 Consensus building in context of
transition Vs fears of failures of the
past, and polarization created or
deepened by 2012 Constitution:
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
11
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
High unfulfilled expectations
during transition period: the
masses of 30/6 revolutionary wave are
still yearning for bread, freedom,
human dignity and social justice
claimed by 25 Jan popular revolution
under difficult economic and social
conditions.
12
Rule of civil law Vs religious law:
The rule of law, all inclusive equal
citizenship, democratic, pluralistic, civil
Egyptian state Vs a religious state
allowing discrimination against women,
non Moslems & children, as well as
limitations on human rights,
fundamental freedoms, and breach of
independence of the judiciary.
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
13
Pressure of Interest Groups:
The recipients of spoils/benefits under
2012 Constitution (MB, religious
parties & movements, conservatives),
as well as non MB interest groups
defend acquired benefits like 50% one
time quota for workers & farmers,
SCAF on MT & Al Azhar on standing.
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
14
Fear of creating another dictator:
New presidential recall/impeachment
articles, detailed protection on
independence of judiciary/interim protection
of MofD: approval of SCAF required for two
presidential terms (8years) to appoint
Minister of Defense but he may be
dismissed like any other minister upon
Parliamentary approval.
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
15
3 Pressure of terrorist attacks in Sinai & elsewhere.
4 External pressures on Egypt attacking 30/6 revolution.
5 Time for completion quite short: 60 days.
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
16
To face those challenges, Committee
of 50 decides on consensus or at least
75% majority of members to pass draft
articles of constitution (2012
Constitutional Assembly: consensus or
at least 57%), broad consultations with
civil society, and 60 business days.
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
17
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
C - SIGNIFICANT FEATURES OF 2014
CONSTITUTION –ADDRESSING THE
CHALLENGES
18
1 Confirmation of the Principle of Citizenship/Rule of law/Inclusiveness
Citizenship stated in Art. 1 as one
of the pillars together with the rule
of law of the State’s democratic
system;
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
19
Principles of Sharia defined as general
public policy principles which must be
respected by legislator consistent with
basic human rights, as defined by SCC,
reinstated in Art. 2 as principal source
of legislation, eliminating features of
religious state;
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
20
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
Equality before the law without
discrimination based on religion, belief, sex,
race, origin, color, social or political
affiliation, geographic location, disability or
any other reason; Discrimination and
incitement of hatred are crimes and a
commission for equal opportunity and non
discrimination for monitoring compliance
(Art. 53);
21
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
Freedom of belief absolute and
building places of worship for 3
main religions to be regulated by
law (Art. 64), right to legal
recognition & official documents on
personal data (Art. 6); a new law on
building & repair of churches (Art.
235);
22
Equal opportunity without
discrimination and particularly
with respect to holding public
offices (Art. 9 & 14);
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
23
Protect the human rights of
women, children, persons with
disabilities, the elderly, youth and
citizens living in poverty or in
remote or marginalized regions;
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
24
Eliminate discriminatory
provisions depriving former NDP
members from exercising their
political rights for ten years and
no exclusion or deprivation of any
other political groups;
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
25
Require appropriate
representation of women,
Christian citizens, youth, persons
with disabilities, workers &
farmers & Egyptian expats in first
parliament following new
constitution approval;
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
26
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
Recognize cultural diversity
and pluralism as part of the
Egyptian cultural identity to be
protected by the State.
27
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
2 Basic human rights for all is our road to democracy and social justice:
Bill of rights/civil & political rights are protected.
NEW PRINCIPLES:
• Protection of human dignity;•Prohibition of all forms of torture, trafficking and arbitrary forced displacements;•Right to life and security of body free from mutilation or assault;
28
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
• Freedom of information, press and
expression including literature and
arts, while restricting the right to
impose imprisonment as penalty
except for incitement of violence,
discrimination between citizens and
impingement of any individual’s honor;
29
• Right to personal freedom, privacy and right to
peaceful protests;
• Freedom of association: establishing NGO’s and
political parties by notice, but no parties or political
activities permitted if based on religion,
discrimination based on sex or origin, geographic
or sect affiliation, or if against democratic
principles;
• Political rights and guarantees of free & fair
elections;
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
30
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
Social, economic and cultural rights are
protected. Special priority is given to the
right to education, higher education,
health, scientific research, fighting poverty
and unemployment, right to food & clean
water, safe and healthy housing, a clean
environment, social & health insurance as
well protection of farmers’ and workers’
rights.
31
3 Women’s Rights (Arts. 6, 11 and 180)
Ensuring achievement of equality
between women and men in all civil,
political, economic, social & cultural
rights is an obligation of the state;
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
32
Right to give nationality to children on
equal basis with father and;
Measures to ensure appropriate
representation in parliament: basis for
affirmative action, and allocation of 25%
of local councils seats to women, in both
cases without a maximum time limit;
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
33
State to guarantee women’s rights to
hold public offices, appointment as
sitting judges and other judicial offices
without discrimination, and protection
against all forms of violence.
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
34
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
D - GUARANTEES OF IMPLEMENTATION
35
1 Minimum government
spending on education, higher
education, health and scientific
research, defining objectives
and quality standards.
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
36
2 Art. 92 inalienable rights
and freedoms may not be
suspended or reduced.
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
37
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
3 Art. 93 Egypt is bound by all human
rights agreements, covenants &
conventions it has ratified which shall
have the force of law upon
publication. This makes such
documents readily enforceable
without having to be passed as laws.
38
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
4 Art. 99 any violation of privacy,
personal freedom or any other human
right or freedom guaranteed by the
Constitution is a crime and victims may
file action directly against perpetrators.
NCHR is entitled to claim and may join
victim with his/her approval in filing
civil claim.
39
5 Art. 226 no constitutional
amendment may be approved by
Parliament with respect to the
principles of freedom and
equality or extension of the two
terms of the presidency.
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
40
6 Accountability of executive
power to Parliament and local
councils, review by
independent control agencies
and councils.
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
41
7 Supreme Constitutional Court
precedents apply
proportionality in considering
claims for unconstitutionality
of laws and monitor
compliance with the
Constitution.
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
42
8. Rule of Law and Independence of Judiciary (Part IV & Chapters 3 and 4 of Part V)&Art.204
Judges are independent & immune to dismissal, subject
only to authority of law which sets conditions for appointment,
secondment & retirement, and disciplinary accountability.
This applies to all judicial bodies (Ordinary Courts,
Administrative Courts, SCC and MC) which comply with ICCPR;
Contrary to all previous Egyptian Constitutions, scope of
jurisdiction/guarantees of independence are set forth in
Constitution to protect against political abuse.
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
43
Exceptional cases in which civilians may be tried
before military courts exclusively listed in
Constitution to avoid abusive expansion of
jurisdiction by law during former President Mubarak
(crimes that constitute direct assault on military
facilities or military personnel by reason of
performing the duties of their office). NCHR
recommended in UPR that these exceptional cases
be applicable during war, mobilization and armed
conflict.
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
44
Limited secondment of judges to cases
specified by law.
Full oversight by Parliament over budget &
flexibility to transfer unused funds to cover
shortfalls under approved budget without
Minister of Finance prior approval, subject to
Central Audit Bureau review.
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
45
EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL
Governance, Checks & Balances
President may reject laws and may dissolve Parliament for serious cause subject to referendum.
Parliament to approve state of emergency 3+3 months no more.
Parliament may recall the President and call for early presidential elections subject to referendum.
Parliament may impeach the President.
Administrative, financial and economic decentralization with elected councils monitoring performance & having power to relieve executive from office.
Limitation of President’s powers, two terms only & a stronger PM.
Parliament must approve appointment/ reshuffle & may relieve Cabinet or any Minister from office.