Denial along the Nile

1. Denialalong theNile Egypt’s Constitution: A Study in Hypocrisy

2. Egypt- Quick facts • Located in Northern Africa. • Cairo is the capital. • Roughly 78 million citizens. • Has a president; • Hosni Mubarak • Has been president for 27 years. • Current constitution was adopted in 1971. Egyptian Constitution Assignment

3. Art.48: Liberty of the press, printing, publication and mass media shall be guaranteed. Censorship on newspapers shall be forbidden as well as notifying, suspending or canceling them by administrative methods. Freedom of speech/ the press • Art.47: Freedom of opinion shall be guaranteed. Every individual shall have the right to express his opinion and to publicize it verbally, in writing, by photography or by other means of expression within the limits of the law. Self criticism and constructive criticism shall guarantee the safety of the national structure. Egyptian Constitution Assignment

4. Freedom of speech- Reality • The Egyptian government regularly violates its citizens’ freedom of expression. • Newspaper editors and journalists are arbitrarily sentenced to jail time. • Four editors were sentenced to jail time as recently as September 13th. • They had published stories regarding the president’s deteriorating health. • They were charged with “malevolently publishing false news likely to disturb public order” • Sentenced to 1 year in prison and fines of 20000 Egyptian Pounds ($3500 USD) each. Egyptian Constitution Assignment

5. Prisoners’ rights • Art.42: Any citizen arrested, detained or whose freedom is restricted shall be treated in a manner concomitant with the preservation of his dignity. No physical or moral harm is to be inflicted upon him. He may not be detained or imprisoned except in places defined by laws organizing prisons. If a confession is proved to have been made by a person under any of the aforementioned forms of duress or coercion, it shall be considered invalid and futile. Egyptian Constitution Assignment

6. Prisoners’ rights- Reality • Prisoners routinely find themselves in compromising situations. • Prisoners are regularly beaten and physically violated. • Torture is commonplace within Egypt’s prison system; • Confessions extracted under duress are almost always considered to be valid. • Human Rights Watch estimates that the number of prisoners who die prematurely while in custody is in excess of 100. Egyptian Constitution Assignment

7. Art.45: The law shall protect the inviolability of the private life of citizens. Correspondence, wires, telephone calls and other means of communication shall have their own sanctity and their secrecy shall be guaranteed. They may not be confiscated or monitored except by a causal judicial warrant and for a definite period and according to the provisions of the law. Art.57: Any assault on individual freedom or on the inviolability of the private life of citizens and any other public rights and liberties guaranteed by the Constitution and the law shall be considered a crime, whose criminal and civil lawsuit is not liable to prescription. The State shall grant a fair compensation to the victim of such an assault. Personal liberties Egyptian Constitution Assignment

8. Personal liberties- Reality • The government regularly infringes upon the personal liberties of its citizens; • Homosexuality is outlawed; • Government reserves right to dictate who one can wed; • Religiously orientated rights are also violated; • Bahá'ís are actively discriminated against; • Government refuses to recognize conversions from Islam to another faith. • Only 2 government officials have ever been found criminally liable for their actions. • Government compensation is rare and reserved for cases in which the foreign media takes an interest. Egyptian Constitution Assignment

9. Art.87:The People’s Assembly must be elected by direct secret public balloting. The number of the elected members of the People’s Assembly must be at least 350 members of whom one half at least must be workers and farmers. The Law shall determine the definition of the worker and the farmer. The President of the Republic may appoint a number of members not exceeding ten. Democratic rights • Art.62:Citizens shall have the right to vote, nominate and express their opinions in referenda according to the provisions of the law. Their participation in public life is a national duty. • Art.63:Every individual shall have the right to address public authorities in writing and with his own signature. Addressing public authorities should not be in the name of groups with the exception of disciplinary organs and legal person. Egyptian Constitution Assignment

10. Democratic rights- Reality • Egypt has not held truly democratic elections in 40 years; instead preferring referendums. • The legitimacy of the referendums is disputed. • Almost all of the People’s Assembly is appointed. • The right to petition is complicated by assertions that the government uses petitions to identify signatories as dissenters. Egyptian Constitution Assignment

11. Emergency measures • Art.74:If any danger threatens the national unity or the safety of the motherland or obstructs the constitutional role of the State institutions, the President of the Republic shall take emergency measures to face this danger, direct a statement to the people and conduct a referendum on those measures within sixty days of their adoption. Egyptian Constitution Assignment

12. Emergency measures- Reality • Egypt has been ruled under emergency measures provisions for decades. • There has never been a referendum despite the 60 day requirement. • Emergency laws allow the President to: • Widen powers of arrest, search and seizure without the safeguards of the criminal procedures law; • Refer any case to military courts, thereby overriding judicial supremacy; • Dismiss any case. Egyptian Constitution Assignment

13. Conclusion • Although Egypt has a respectable and decent constitution, it is for the most part ignored. • Many fundamental freedoms that we appreciate in Canada are denied to Egyptians. • In my opinion, this is as the Egyptian government uses its emergency measures and military backing to override the courts and dismiss the citizenry. Egyptian Constitution Assignment