EGYPT’S 2014 CONSTITUTION HUMAN RIGHTS FOR ALL

EGYPT’S 2014 CONSTITUTIONHUMAN RIGHTS FOR ALL MONA ZULFICARVICE 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 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 CONSTITUTION HUMAN RIGHTS FOR ALL 1An 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 CONSTITUTION HUMAN RIGHTS FOR ALL • 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 NourSalafi party actively participated and political Islam was represented by 10% under different hats.

EGYPT’S 2014 CONSTITUTION HUMAN RIGHTS FOR ALL •  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 MagdiYacoub and the elected president of Cairo University).

EGYPT’S 2014 CONSTITUTION HUMAN RIGHTS FOR ALL • 3Committee 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. • 4Committee 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 CONSTITUTION HUMAN RIGHTS FOR ALL • 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 CONSTITUTION HUMAN RIGHTS FOR ALL B – MAJOR CHALLENGES BEFORE THE CONSTITUTIONAL COMMITTEE OF 50

EGYPT’S 2014 CONSTITUTION HUMAN RIGHTS FOR ALL • 1 Consensus building Vs diverse composition of Committee of 50. • 2Consensus 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 •  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.

EGYPT’S 2014 CONSTITUTION HUMAN RIGHTS FOR ALL • 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 CONSTITUTION HUMAN RIGHTS FOR ALL • 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 onMT& Al Azhar on standing.

EGYPT’S 2014 CONSTITUTION HUMAN RIGHTS FOR ALL • 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 CONSTITUTION HUMAN RIGHTS FOR ALL • 3Pressure 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 CONSTITUTION HUMAN RIGHTS FOR ALL 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 CONSTITUTION HUMAN RIGHTS FOR ALL C - SIGNIFICANT FEATURES OF 2014 CONSTITUTION – ADDRESSING THE CHALLENGES

EGYPT’S 2014 CONSTITUTION HUMAN RIGHTS FOR ALL • 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 CONSTITUTION HUMAN RIGHTS FOR ALL • 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 CONSTITUTION HUMAN 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);

EGYPT’S 2014 CONSTITUTION HUMAN 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);

EGYPT’S 2014 CONSTITUTION HUMAN RIGHTS FOR ALL • Equal opportunity without discrimination and particularly with respect to holding public offices (Art. 9 & 14);

EGYPT’S 2014 CONSTITUTION HUMAN RIGHTS FOR ALL •  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 CONSTITUTION HUMAN RIGHTS FOR ALL •  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 CONSTITUTION HUMAN RIGHTS FOR ALL •  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 CONSTITUTION HUMAN RIGHTS FOR ALL •  Recognize cultural diversity and pluralism as part of the Egyptian cultural identity to be protected by the State.

EGYPT’S 2014 CONSTITUTION HUMAN 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;

EGYPT’S 2014 CONSTITUTION HUMAN 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;

EGYPT’S 2014 CONSTITUTION HUMAN RIGHTS FOR ALL • 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 CONSTITUTION HUMAN 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.

EGYPT’S 2014 CONSTITUTION HUMAN RIGHTS FOR ALL 3Women’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 CONSTITUTION HUMAN RIGHTS FOR ALL •  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 CONSTITUTION HUMAN RIGHTS FOR ALL 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 CONSTITUTION HUMAN RIGHTS FOR ALL • D - GUARANTEES OF IMPLEMENTATION

EGYPT’S 2014 CONSTITUTION HUMAN RIGHTS FOR ALL • 1Minimum government spending on education, higher education, health and scientific research, defining objectives and quality standards.

EGYPT’S 2014 CONSTITUTION HUMAN RIGHTS FOR ALL 2Art. 92 inalienable rights and freedoms may not be suspended or reduced.

EGYPT’S 2014 CONSTITUTION HUMAN RIGHTS FOR ALL • 3Art. 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.

EGYPT’S 2014 CONSTITUTION HUMAN RIGHTS FOR ALL • 4Art. 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.

EGYPT’S 2014 CONSTITUTION HUMAN RIGHTS FOR ALL • 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 CONSTITUTION HUMAN RIGHTS FOR ALL • 6Accountability of executive power to Parliament and local councils, review by independent control agencies and councils.

EGYPT’S 2014 CONSTITUTION HUMAN RIGHTS FOR ALL 7Supreme Constitutional Court precedents apply proportionality in considering claims for unconstitutionality of laws and monitor compliance with the Constitution.

EGYPT’S 2014 CONSTITUTION HUMAN RIGHTS FOR ALL 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 CONSTITUTION HUMAN RIGHTS FOR ALL •  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 CONSTITUTION HUMAN RIGHTS FOR ALL 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 CONSTITUTION HUMAN RIGHTS FOR ALL • Governance, Checks & Balances Parliament must approve appointment/ reshuffle & may relieve Cabinet or any Minister from office. Limitation of President’s powers, two terms only & a stronger PM. Administrative, financial and economic decentralization with elected councils monitoring performance & having power to relieve executive from office. 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. • President may reject laws and may dissolve Parliament for serious cause subject to referendum. Parliament may impeach the President.

EGYPT’S 2014 CONSTITUTION HUMAN RIGHTS FOR ALL