Nov 30, 2012 whether a draft constitution approved by an assembly will move egypt toward being a freer and more open society is still in question, experts say. Hafez abu saeda is the head of the egyptian organization for human rights and magdi khalil is the executive director of the middle east freedom forum. Draft constitution, january 2014 article 19 free word centre, 60 farringdon rd, london ec1r 3ga. Nov 30, 2012 constitution preamble we, the people of egypt, in the name of the merciful god and with his aid, declare this to be our constitution, the document of the 25th of january revolution, which was started by our youth, embraced by our people, supported by our armed forces. Draft dated 30 november 2012 of the constitution of the arab republic of egypt unofficial translation prepared by international idea. Screening of the draft constitution under a human rights perspective. Egypt assembly adopts draft constitution news al jazeera.
One week later, on december 8, 2012, egyptian president mohamed morsi issued a new constitutional declaration announcing that the constitutional draft would be voted on in a national referendum. New constitution of egypt pdf this is our constitution, egypt is the gift of the nile for egyptians and the gift of. In an effort to shed light on the contents of the draft constitution and their political implications, carnegie hosted a discussion with noted egyptian politician, public intellectual, and human rights activist amr hamzawy. Egyptian assembly expected to approve draft constitution. Egypt s government services portal laws and constitution. Can a new legal framework revive a flawed transition. A woman in cairo casts her vote on egypt s new constitution, jan. The egyptian constitution of 2014 was passed in a referendum in january 2014. The muslim brotherhood has rejected egypt s new draft constitution. Nov 29, 2012 the constituent assembly tasked with drafting egypt s postrevolution constitution was expected to pass its draft document on thursday as the country continued to reel from a presidential decree. As the intense debate surrounding its new draft constitution continues, egypt s political future remains uncertain. Nov 30, 2012 why is egypt s draft constitution so controversial. Egypts draft constitution translated egypt independent. Draft of the constitution of the arab republic of egypt up to date as of 20 september 2012 chapter 1.
Draft dated 30 november 2012 of the constitution of the arab republic of egypt. Draft of the constitution of the arab republic of egypt up to. Egypt has operated under several constitutions, both as a monarchy and, after 1952, as a republic. Morsis acceleration of the constitution writing process reflects the increasing impatience of. The constitution took effect after the results were announced on 18 january 2014. Egypt s recently finalised draft charter introduced a large number of new articles to, as well as omitted others from, the controversial 2012 constitution predominantly drafted by the islamist.
The constitution of the arab republic of egypt is the fundamental law of egypt the egyptian constitution of 2014 was passed in a referendum in january 2014. Nov 15, 2012 as the intense debate surrounding its new draft constitution continues, egypts political future remains uncertain. In december 2012, following mass outcry over a constitutional declaration that placed his own edicts above judicial scrutiny, morsi ordered the islamistdominated parliament to complete a new draft constitution within fortyeight hours and then put it to a referendum two weeks later. This statement is being released as the formal deadline for the referendum on the new constitution of egypt, 15 december 2012, is just days away. Egypt s islamistdominated constituent assembly has approved a controversial draft of the countrys new constitution in a session boycotted by most liberals, secularists and christians. Republic founded on the supremacy of the constitution and the rule of law. Sep 20, 2012 draft constitution of the arabic republic of egypt up to date as of 20 september 2012 unofficial translation prepared on behalf of international idea. The constitution of the arab republic of egypt was the former fundamental law of egypt.
Voting for expatriates had been delayed until 12 december 2012 and was extended until 17 december 2012. Egyptians will soon vote in a referendum on a new constitution, their second in. Omar ashour says that while egypt s 2012 draft constitution is the least authoritarian one the country has ever had, it is far from perfect. Jan 15, 20 on november 29, 2012, the constituent assembly of egypt finalized the drafting process of the new egyptian constitution. Constitution preamble we, the people of egypt, in the name of the merciful god and with his aid, declare this to be our constitution, the document of the 25th of january revolution, which was started by our youth, embraced by our people, supported by our armed forces. Series of amendments to egypts 1971 constitution, in which the. Dec 04, 2012 introduction on december 1, 2012, egyptian president muhammad mursi announced that egypt s new constitution would be put to referendum on december 15. This briefing paper analyzes the new law on presidential elections.
Amid fierce debate over egypt s draft constitution, fikra forum editors asked egyptian human rights experts hafez abu saeda and magdi khalil to analyze the draft with respect to human rights, religious freedom, and democratic values. The new constitution indicates that treaties to which egypt is a. The new draft constitution has removed language and articles favored by the islamists. A committee of fifty representing various factions of egyptian society, as well as ten specialists in constitutional law, worked on the project that ultimately produced the final draft. Egypt in general, and the christian coptic minority in particular, but was deemed as the lesser evil. A promise of a new dawn worthy of egypts history and civilization, the. Dec 26, 2012 egypt s controversial new constitution has been signed into law by president mohammed morsi, a day after he announced it had been approved by a large majority in a referendum that his opponents. December 1, 20, is meant to replace egypts 2012 constitution, which was written by an islamist majority and approved by a december 2012 referendum with 63 percent of the vote. Dec 11, 2012 introduction previous reports in memris series on egypt s draft constitution dealt with the controversial articles regarding the relations of religion and state in egypt. Comparison of egypts suspended and draft constitutions bbc.
Mar 12, 2012 with parliamentary elections now complete, egypt moves to the next major step in its fitful political transition drafting a new constitution for the republic. Public consultations on the new draft were selective and. A constitutional amendments referendum was held from 20 to 22 april 2019. To that end, the values of tolerance and moderation.
Steven cook talked about the vote on egypt s draft constitution, and he responded to telephone calls and electronic communication. Muslim brotherhood rejects egypts draft constitution bbc. Seven upholding national unity is an obligation of state and society, for it is the cornerstone of building a modern egypt and the path to progress and development. Egypt s new constitution was adopted on december 22, 2012. Egypt s controversial new constitution has been signed into law by president mohammed morsi, a day after he announced it had been approved by a. A new constitution for egypt has just been drafted and sent to the interim president adly mansour for his approval before putting it to a popular referendum. Dec 21, 2012 omar ashour says that while egypts 2012 draft constitution is the least authoritarian one the country has ever had, it is far from perfect.
In january 2014, article 19 analysed draft constitution of the arab republic of egypt of 2 december 20 draft constitution from the perspective of international human rights standards, in particular on freedom of expression and freedom of information. It replaced the 2011 provisional constitution of egypt, adopted in 2011. Egypt s new constitution limits fundamental freedoms and ignores the rights of women 30 november 2012, 00. Despite cautious liberalisation in a few limited areas, egypts new constitution. The muslim brotherhood and other islamists have an overwhelming majority on the panel which will draft the new egyptian constitution. New york the egyptian constituent assembly should amend articles in the draft constitution that undermine human rights in postmubarak egypt, human rights watch said today in a. The previous constitution similarly embodied the coalition that governed only a year ago, giving morsi and the ruling islamists a substantial foothold for instituting their theocratic agenda while securing the militarys buyin by granting.
On a more positive note, the farreaching sharia provisions of the 2012 law. This is our constitution, egypt is the gift of the nile for egyptians and the gift of egyptians to humanity. Mohamed morsi signs egypts new constitution into law egypt. The proposed changes to egypts constitution al jazeera. The constituent assembly has finished drafting constitutional articles pertaining to the freedom of the press that prohibit the imprisonment of journalists charged with socalled publishing crimes, assembly spokesperson wahid abdel meguid said on monday. Egypts new constitution limits fundamental freedoms and ignores the rights of women 30 november 2012, 00. In egypts draft constitution, little sign of revolutionary. The meeting took place after delegates from the secular parties had walked out. New constitution of egypt pdf new constitution of egypt pdf new constitution of egypt pdf download. It was signed into law by president mohamed morsi on 26 december 2012, after it was approved by the constituent assembly on 30 november 2012 and passed in a referendum held 1522 december 2012 with 64% support, and a turnout of 33%. Islamists unilaterally pass draft constitution in egypt cnn. Egypts constitution draft based on islam middle east.
Egypts new draft constitution raises concerns over. Oct 08, 2012 new york the egyptian constituent assembly should amend articles in the draft constitution that undermine human rights in postmubarak egypt, human rights watch said today in a letter to. New york the final draft of a constitution approved on november 29, 2012, by egypt s 100member constituent assembly protects some rights but undermines others. The first and most liberal of these was the 1923 constitution, which was promulgated just after britain declared egypt s independence. The constitutional text departs from egypt s authoritarian path, but also from a previous consensus among political forces to curb presidential powers. Egypt draft constitution gets oversight from supreme. Egypt s supreme judicial council has agreed to oversee referendum on draft constitution following the countrys highest court openended strike, thus overriding calls for a boycott. The constitution, approved in the midst of a political standoff between the president and the judiciary.
Constitution preamble we, the people of egypt, in the name of god and with the assistance of god, declare this to be egypt s constitution and the document of the pioneering, peaceful revolution, which was started by egypt s promising youth, protected by the armed forces, championed by the patient egyptians who gathered. Oct 11, 2012 in egypts draft constitution, little sign of revolutionary ideals a partial draft of egypts new constitution released yesterday has prompted warnings that it restricts rights such as freedom of. Egypt s constitution draft based on islam egypt s muslim brotherhoodled government is suggesting that the countrys new constitution be based on the principles of islam. An examination of egypts draft constitution part iii.
The constitution of the arab republic of egypt is the fundamental law of egypt. The organization also stated that the chapter ii draft, entitled rights and freedoms. Several articles include stronger emphasis on religion than the 1971 constitution, yet its character is largely secular. If a student of constitutional texts reads the egyptian constitution of 2012 from. Article 4 of the new constitution gives the islamic scholars of alazhar a right to be consulted. Fidh is pleased that the new draft constitution dedicates its longest chapter to human rights and fundamental freedoms, including economic and social rights to housing and education, and the need to combat the corruption that had poisoned the system.
It is befitting to publish discussion document on the transformation of the judicial system and the role of the judiciary in the developmental south african state in remembrance and celebration of the 15th anniversary of this supreme law of the. According to article 28 of the cd, a 10member legal 4 see for example egypt independents article,egyptian churches withdrew from constituent assembly,17. Topics included protests about egyptian president morsi, egypt. The new constitution no longer specifically forbids discrimination on the basis of gender but. Egypt s constitution committee met in cairo on thursday for a vote on the draft. Egypts government services portal laws and constitution. Egypts new constitution limits fundamental freedoms and. Dec 03, 2012 egypts supreme judicial council has agreed to oversee referendum on draft constitution following the countrys highest court openended strike, thus overriding calls for a boycott. The process of its adoption was not inclusive and the text. Indepth analysis of the main elements of the new constitution. New constitutionmaking in 20 on 8 july 20, the interim president issued a 33article constitutional declaration cd providing a roadmap foramendingthe 2012 constitution.
Egypts new constitution was adopted on december 22, 2012. Despite cautious liberalisation in a few limited areas, egypt s new constitution of january 2014 does not represent a new democratic departure. This document has been recompiled and reformatted using texts collected in international ideas constitutionnet. Nov 30, 2012 egypt s islamistdominated constituent assembly has approved a controversial draft of the countrys new constitution in a session boycotted by most liberals, secularists and christians. Egypts constitution draft based on islam egypts muslim brotherhoodled government is suggesting that the countrys new constitution be based on the principles of islam. Egyptian human rights experts analyze the draft constitution. In egypt s draft constitution, little sign of revolutionary ideals a partial draft of egypt s new constitution released yesterday has prompted warnings that it restricts rights such as freedom of. The bbc produced a very useful sidebyside comparison of important parts of the new document to those in egypts previous. The rule of the muslim brotherhood the struggle for the. December 1, 20, is meant to replace egypt s 2012 constitution, which was written by an islamist majority and approved by a december 2012 referendum with 63 percent of the vote. Blessed with a unique location and history, the arab nation of egypt is the heart of. The new draft keeps article that law will be based on principles of islamic law but adds an article stating that egypt s. The present installment addresses the other central issues that have triggered public criticism of the draft constitution, which is to be brought to referendum on december 15, 2012. Protesters took to the streets in cairo and other egyptian cities today over a draft constitution written by islamists.
Nov 30, 2012 new york the final draft of a constitution approved on november 29, 2012, by egypts 100member constituent assembly protects some rights but undermines others. The new draft constitution has removed language and. Discussion document on transformation of judicial system. Egypts new constitution was adopted on december 22, 2012 amid intense political tensions and deep rifts between islamists and liberal forces. Statement on the freedom of expression and information. Work for governance, the new egyptian constitution will have a lasting effect. The arab republic of egypt is an independent, united sovereign state that cannot be. Several articles include a stronger emphasis on religion than the 1971 constitution but its character is largely secular. Egypt draft constitution gets oversight from supreme judicial.
The draft budget is to be presented to the house of representatives at least. Comparison of egypts suspended and draft constitutions. Introduction on december 1, 2012, egyptian president muhammad mursi announced that egypt s new constitution would be put to referendum on december 15. Reading egypts draft constitution the new york times. Fundamentals of the state article 1 1nature of the arab republic of egypt. The proposed changes to egypts constitution al jazeera america.
The manner in which its sections and provisions are organized is not final. Egypts 2012 constitution united states institute of peace. The highest judicial authority agreed that it would delegate its judges to monitor the constitutional referendum, which is slated on december 15. Drafting egypts constitution carnegie endowment for. Mohamed morsi signs egypts new constitution into law. A constitutional referendum was held in egypt in two rounds on 15 and 22 december 2012.
Egyptian assembly expected to approve draft constitution this article is more than 7 years old voting commences on document, which has been criticised for. Steven cook talked about the vote on egypts draft constitution, and he responded to telephone calls and electronic communication. Nov 30, 2012 egypts constitution committee met in cairo on thursday for a vote on the draft. Previous reports in memris series on egypt s draft constitution dealt with the controversial articles regarding the relations of religion and state in egypt. Egypts 2014 presidential election law page 2 of 46 applicants will be considered official candidates once the pec has completed investigating and verifying the documents. Egyptians living abroad were scheduled to vote between 8 and 11 december. Preliminary draft of the constitution of the arab republic of egypt sunday 1410 2012 notes.