Cairo Institute for Human Rights Studies (CIHRS) sent to both Speakers of the People’s Assembly and Shura (Consultative) Council yesterday a detailed memorandum explaining the Institute’s standpoint vis-à-vis the constitutional amendments proposed by the President of the Republic. CIHRS expressed opposition to the amendment regarding judicial supervision of elections, combating terrorism and prohibition of religious-based parties. The Institute welcomed the integration of the principle of citizenship into the Constitution, the flexibility that gave room for the adjustment of the electoral system, and the affirmative action for women. However, it also requested the application of the same rule on Copts.
In the memo, CIHRS expressed apprehension that the proposed amendment of Article 76 would not settle the core of the problem arising from the previous amendment of the same article, that amendment which restricted competition to a limited number of persons. In that way, it resulted in a severe blow to the principle of competitiveness and rendered the electioneering as close to a referendum on the candidate of the ruling party as possible. Other nominees alongside the latter candidate are known beforehand to have no meager chance of winning. The memo also emphasized that the adjustment should provide an opportunity for independent candidates, and that some key public figures possess the opportunity to compete, probably better than all opposition party leaders put together, including the Muslim Brothers.
The memo expressed fears that the integration of the principle of citizenship does not entail new constitutional guarantees with the formulation of Article 2 currently in force. The memo elucidated that Egyptian parties – thanks to Constitutional provisions and the Law on Political Parties- have a religious frame of reference, and that the largest religious party is the ruling NDP itself. It added that the proposed amendment does not lead to a separation between politics and religion as much as it excludes competitors to the ruling party.
The memo proposed several additional constitutional adjustments relevant to human rights, the most prominent of which freedom of opinion, freedom of assembly, the freedom of peaceful association including the right to form political parties, trade unions and private associations, the rights of detainees, the right to take proceedings before a court, freedom of the press, the rights of women, independence of scientific research centers and state-owned media institutions.
The memorandum requested also the amendment of Article 2 in such a way as to ensure the impartiality and neutrality of state bodies against citizens belonging to various religions and faiths, put an end to religious fanaticism and to using state institutions for this purpose. It also called for the amendment of Article 77 so that the term of the presidency would be four renewable years (but renewable once only).
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