Troubles with the Egyptian Constituent Assembly

Friday of Islamic Sharia in Tahrir Square. Photo Credit Al Masry Al Youm.

The Constituent Assembly is the somewhat difficult name for the group of Egyptians tasked with writing the Constitution for this emergent democracy.

On Sunday, several leftist and liberal members withdrew from the Constituent Assembly. Further, Coptic Orthodox Pope Bishop Pachomius announced the withdrawal of three Christian members from the CA on Saturday. I am of two minds about this. First, I can see that maybe some of them feel they are participating in a fundamentally flawed process. Principles aside, they risk handing the task over to conservative Islamists, which will result in a document not widely accepted by the entire Egyptian population, particularly the educated population.

Salafis in the CA wanted to replace the idea of "Sharia principles" with the idea of "Sharia provisions," which would leave less open to interpretation in the Constitution, and might usher in a Sunni theocracy of sorts.

Christians and liberals are protesting what they see as an "Islamic" Constitution.  They are also concerned about the far reaching powers granted to the Executive by the Constitutional draft. Further, there is concern that the way the draft is currently written, it would preclude a civil state. The Church has said that the withdrawal of the Christian members of the CA is final.

~WMB

First draft of new Egyptian Constitution released

Egypt's Constituent Assembly announced this Wednesday that it has finished the first draft of the new Egyptian Constitution. They released an unfinished draft to the Egyptian public on Wednesday, and encouraged public debate regarding the document. The draft leaves key questions unanswered. No sections address the future role of the military, for example. Egy[t Releases partial draft of new constitution, Abigail Hauslohner, Washington Post.

The Constituent Assembly comprises 100 persons. It is generally viewed as being dominated by Islamists. Only 7 women were chosen to take part in the 100 member Constituent Assembly.

Egyptians will have an opportunity to vote yes, or no to the entire constitution. They will not have an opportunity to disapprove individual articles. Parliamentary elections are scheduled to take place within two months of the national referendum on the new constitution, which is scheduled for the end of the year. Reading the MorsiMeter, Issandr El Amrani, The New York Times.

The current draft divides power between a president, and a prime minister representing a parliamentary majority. The Egyptian Parliament will consist of two chambers, the People's Assembly and the Shura Council.

The draft limits gender equality to the extent that it interferes with "the rulings of the Islamic Sharia," according to the Washington Post. Al Masry Al Youm reports that the wording may pave the way for fresh attacks on women's rights.

Osman El Sharnoubi of Al Ahram writes that Article 9 stipulates citizens' religious freedom. Christians are a small minority in Egypt, and the members of the Bahai faith are not recognized by the Egyptian state, leading to discrimination in the most basic aspects of life. 

The current draft eliminates the role of the state a protector of religious freedoms, limiting religious freedom  in comparison with the 1971 version of the constitution. However, human rights lawyer Ahmed Seif El Islam states that the new constitution appears to guarantee freedom for Abrahamic religions to build places of worship. This would assist Shiite, Jewish and Christian Egyptians in their efforts to build houses of worship, but would do nothing to assist the Bahai, or Buddhists. Egyptian Constitution offers fewer religious freedoms, El Sharnoubi, Al Ahram. 

Drafting Egypt's Constitution

Dear Readers

I apologize for my absence, I have been attending to urgent family matters, and have not had time to write enough.

But I am back, and recommitted, Ilhamdillulah!

So, what is new? As is usual there is a lot going on in Egypt these days. My biggest worry regarding democracy is secularism and the constitution. According to an article on NPR by Soraya Sarhaddi Nelson, Unease Grows Over Islamist Political Agenda in Egypt, Parliament has handpicked a 100 member panel that has begun meeting to write a new Egyptian constitution. 

The worry is where this leaves Christians, Bahai and other religious minorities. Is there room to be secular in Egypt? According to that article, as many of two-thirds of the panel members are Islamist or allies. "Only a handful of women and Christians were selected to take part." Several secular panelists have since quit the constitutional panel in protest.

On March 23rd, hundreds protested against the formation of a constitution writing assembly, Protesters reject formation of constitution-writing assembly. Egypt Independent. Protesters rallied in front of the High Court of Justice to demand that the SCAF relinquish power to a civilian government. They also protested against the composition of the group who will draft Egypt's constitution. As of now, MPs will constitute half of that group's membership. The other half are to be composed of experts from other fields.

On March 24th, parliament members from the Free Egyptians Party, the Revolution Continues Coalition, and the Egyptian Social Democratic Party pulled out of talks regarding the composition of the constitutional drafting committee. Adl Party and Karama party representatives walked out of the session as well. The dissenters accused the Muslim Brotherhood's Freedom and Justice Party and the far right Islamist Nour party of dominating the Constitutional committee.

~WMB

Parliamentary and Presidential Elections in Egypt: Part 1

Several steps lie ahead in order for the current military government in Egypt to turn power over to a civilian government. Among these steps are writing a new constitution, electing a parliament, and electing a new president, or prime Minister. A cautionary note-- The likelihood that Egypt will become a full fledged democracy in a year is fairly low. To use a mathematical term, democracy in Egypt in the immediate term is a low-probability event. Democracy watchers in Egypt would be well-advised to be patient-- very patient.

Indeed, as a point of comparison, Kenya, received its independence in 1963. The first truly competitive multi-party election in Kenya was held in 2002, resulting in the first Kenyan president who was truly freely and fairly elected by the Kenyan people. The next election, 2007, did not go so well, and degenerated into a bloodbath, with nearly 2000 dead, and thousands of internally displaced people. In a heartening development, the Kenyan people passed a progressive new Constitution in a free and fair election in August, 2010, giving succor to those who were worried that Kenya's fledgling democracy would not make it. The 2012 election will be a test of the strength of Kenya's emerging democracy. Forty eight years after Independence, Kenya is not yet a full-fledged democracy, rather, it remains a hybrid regime, with some authoritarian tendencies. That being said, Kenya is one of the freest countries in its vicinity. I provide this example to remind the Egypt observer that this is a long path Egypt has started down. Hopefully, they will attain full democracy in a year. My fingers are crossed that Egypt will be so blessed.

One debate that has raged in Egypt the entire spring has been the timing of elections.The military has committed to holding parliamentary elections, followed by a new constitution, and presidential elections. One problem with this schedule is: 1) it does not provide sufficient time for developing a new constitution, and 2) It seems to foreclose the possibility of a true parliamentary system with a prime minister, in favor of a "strong president" system.

A threat to the emergence of a full democracy in Egypt is the SCAF's reluctance to "renounce its role in managing the affairs of the country during this crucial time in Egypt's history." (Staff, "Egypt's Deputy PM resign amid protests," Al Jazeera, July 12, 2011). Indeed, the military is moving to protect an even expand its authority. Observers had been heartened that several parties had agreed to adopt a "declaration of basic principles," to govern the drafting of the Egyptian Constitution. The thinking was that this declaration would protect a civil state, and reign in the Islamists. (Author interview with Abdel Ghaffr Shokr). However, legal scholars working on the document now suggest that the military might use the declaration to spell out the military's role in the civilian government.

One worrying provision in this declaration of basic principles, is that it could potentially make the defense budget unavailable for public or parliamentary review. (David D. Kirkpatrick, "Egypt Military Aims to Cement Muscular Role in Government," New York Times, July 16, 2011) Given that the defense budget is a huge proportion of Egypt's current budget, this provision could be extremely problematic. (Author interview with Samer Soliman). If the military retains the right to intervene broadly in Egyptian politics, it would limit popular sovereignty, constraining the emerging Egyptian democracy.

Further, I worry about the wisdom of rushing the constitutional process. In general, constitutions take years to write. By sandwiching the constitutional drafting process in between parliamentary elections and presidential elections, the SCAF is de facto limiting the time available to deliberate on the provisions of the constitution. We saw hints of this kind of a rushed process in the military's rush to put the constitutional amendments to a referendum in a matter of weeks. After little public debate, and an accelerated process, the referendum went well enough. But it was then followed by a military decree of over 50 constitutional amendments with no public input whatsoever. This process is not really a process, and is not really a democratic process.

Steps should be put in place to ensure that the parliament has a strong role in the new constitution, both on paper, and in practice. The old parliament under Mubarak, dominated by the state sanctioned National Democratic Party, was little more than a rubber stamp. Indeed, a fact-finding judicial committee recently ruled that Safwat al-Sharif, the former speaker of the Shura, and other parliamentarians masterminded the "Camel Battle" on February 2, 2011, that left several protesters dead. (Staff, Egyptians demand post-revolution changes," Al Jazeera, July 15, 2011)

The conventional wisdom had been that parliamentary elections would be held in September. Nonetheless, this schedule seemed rushed, given that Ramadan ends on August 30th (more or less). In an interview with Abdel Ghaffr Shokr in late June, Shokr explained that given the multiple steps that are required to hold elections, September elections simply were not feasible. This analysis was confirmed when the SCAF said preparations for the vote would begin on September 30th, 2011. (AP, "Arab Spring hardens into Summer of Stalemates," The Washington Post, July 14, 2011). In many ways, this delayed schedule is good news, as it gives more time for civilian, non-Islamist, non-NDP political forces to prepare for the parliamentary vote.

Happy Anniversary Tahrir!

Well, the protest in Tahrir has been going strong for a week now. And furthermore, the Revolution has been going on for nearly six months. In fact, I arrived in Egypt on January 25th, and my birthday is on July 25th, and we are still revolutionizing.

Here are some links to read as we reflect on this momentous occasion. 

Egypt: Revolution in progress 
http://english.aljazeera.net/programmes/empire/2011/07/20117146399103458.html

Egyptians voice frustrations in Tahrir Square 
http://english.aljazeera.net/news/middleeast/2011/07/20117159536363741.html
 
Egypt's military representative visits Tahrir, amidst protesters' fury
http://www.almasryalyoum.com/en/node/477842

Why the success of the 25 January revolution resonates beyond Egypt
http://www.almasryalyoum.com/en/node/476190

Police cleansing no substitute for reform, activists say
http://www.almasryalyoum.com/en/node/477081

Political parties support postponing parliamentary elections
http://www.almasryalyoum.com/node/477135

Egypt's military announces committee on constitutional principles to little fanfare http://www.almasryalyoum.com/en/node/476779

Political Parties in The New Egypt

These represent partial notes taken by me at a conference. The conference was called From Tahrir: Revolution or Democratic Transition? June 4-6, 2011. Oriental Hall, AUC Tahrir Square.

These notes were from a 9:00 a.m. panel on June 5, 2011 called The Future of Political Parties The panel was in both English and Arabic. The speakers were Samer Soliman, the American University in Cairo, Ibrahim El-Hodiaby, activist and researcher, Abdel Ghaffar Shokr, Center for African Studies and activist. The panel was moderated by Nathan Brown, George Washington University.

I did my absolute best to create a verbatim transcription. Any errors are my own. 

Abdel Ghaffr Shokr

The Muslim Brotherhood are financing the party and establishing their Constitution. This is the political wing of a religious movement. 

The problem is the remainder of the political thought. Concerning the future of political parties. The parties law caused more limitations. It said 5000 members. Did not solve the problem of financing. There is a lack of equitable competition if you hide behind the veil of religion, it is not equitable. There is a weakness of the youth of the Revolution in forming structures for themselves.  

Western countries and Gulf countries are pumping a lot of money into Egypt to make Egypt follow their model.

There is a social schism. Everyone is establishing a party to call for their needs. There are new activists. Millions of people want to be activists. Egyptian people want to live with integrity and respect. There is a ferocious kind of conflict to determine the future of Egypt, whether it will be an Islamist country. People are hating authoritarianism. Revolutionaries can lobby to get SCAF to do what they want. This makes the outlook a little optimistic. I believe that Egypt is on its way to democracy.

Dr. Samer Soliman

The challenges facing newly founded democratic parties are many. The Democratic Front party. They are well organized. Tagamoo was there. Before the 25th of January, the NDP was not a party. It was a network of profiteering, and interests and security. 

Post the 23rd of July Revolution [Author's note ?] Parties had the same message. The Opposition was asked to go on opposing for life. If they were accepted, they were just pressure lobbies. This changed after the Revolution. 

We have the old parties. There are 24 old parties. They don't live up to the definition of parties. El Wafd, Nasserites, Political Front. Most of the old parties are without ideological orientation. For example, an ideology of Anti-Nasserism. These parties are characterized by senility and stagnation. 

There are younger parties. New parties, and new faces. In the old parties, money plays an important role. The elite that we are facing. Yesterday, we were meeting with the minister of finance. There should be a law enacted to reduce taxation in our view. He said that there is no single person who is for real estate taxation. [Author's note: there is a lot of uncontrolled real estate speculation in Cairo. It is a real urban planning problem. If you taxed these developments, it would control it somewhat] 

There are real challenges facing the civil based parties. First, there is a lack of social depth. No common goals. Parties are made up of individuals, not social groups. The most dynamic area in society under Mubarak was in religion.  Religion was a very vibrant domain. The federation of labor unions is dying. It was supported by the NDP, but now they are supporting the SCAF. Independent trade unionist leaders are very promising, but not very politically mature.

Second, the One million man march slogans included "we don't want parties." Tagamoo had a platform. Wanted to dismantle parties. Some don't want parties.. Don't want to join or establish an organization. The 6th of April movement was influenced by Serbia.
The youth group will not turn immediately into parties.

The third challenge is the absence of institutions. Now we have the party of Naguib Sawiris. You need to shed light on who the major members are.

Fourth, there is a challenge of the legislative and institutional framework. The SCAF needs to find a new mode of discussion. They met the Coalition of Youth for the Revolution for two hours. The Command structure of the SCAF takes us back to the Nasserite era. They are adopting a semi-authoritarian regime structure [Author's note, where is the semi, I only see authoritarian!]

They want proportional representation. This includes women and non-Muslims. A proportional list is the most suitable solution for Egypt. The SCAF has been running the country for four months, yet no party has been asked to sit down with them. Parliamentarian representation should include half laborers and half farmers. In the past, those seats were given to people who were not really farmers. [Not sure if the word used here was fellaheen?]

The religious schism emanates from the history of Egypt. It is changing rapidly and sharply. I would share the optimism of Ghaffr. There are small sporadic parties. The upcoming Parliament may be fragmented. Representation will be very difficult for the transition period. This Parliament has to draft the Constitution. We need to look forward to the elections of 2016. Hopefully, five or six new parties can actually survive. The public needs to choose its own parties.

The Parliament may only go on for a year. The SCAF says that the Parliament will go on longer. We have heard about a party that has run a lot of advertisements. Now, I disagree with Shokr that some parties have received money from abroad. We have to stop poisoning the political atmosphere without proof.

Do not discriminate against parties without reference. There is total equality between all political parties within {?}

Question and Answer

Q: The Islamic current should mature. But Al Ikhwan says power is not in the hands of the people. Rather itis in the hands of the fatwas and Islamic scholars. Is the Brotherhood feeling excluded? Does this lead to higher demands?

Q: How do we unify parties? 

Q: Will there be a rule against receiving money from a foreign country? 

Q: What is the strategy about local elections?

Answer: Samer Soliman

There is no municipal law nowadays. We do not have a relevant law re managing their administration. One of the pressing demands of the revolution was to elect governors. The condition of collecting the 5000 signatures forced parties to go into rural areas.

Answer: Abdel Ghaffr Shokr

There is a law which punishes those who receive foreign funding. There needs to be a balance in Parliament so we can write the Constitution. There should be leeway for independent candidates.

Answer: Ibrahim El Hodhiaby

One party is worried that the Islamists are growing in numbers. Islamists are moving into new territories. Moving as if expecting new list to fall. We should find some common ground between the Muslim Brotherhood and the civil parties. Let us first find common ground. I believe that there is a difference between the different political parties expectations and their Parliament. The representation of the MB is not going to exceed a certain amount.

Does Shariah Allow Women to Vote?

 Women voters stand in line to cast their ballot in Egypt's first major democratic vote, the Constitutional Referendum, 2011. Photo Credit: the author.

Sometimes I can see what people are interested in by what they type into search engines in order to get to my site. This morning, I saw the following question: Does Shariah allow women to vote? This is an interesting question. Again, we must make the distinction between Shariah, and fiqh, which is Islamic Jurisprudence as applied.

I think that we should start this inquiry with reflections upon the words of Arzu Merali, the Director of Research for the Islamic Human Rights Commission. Writing in The Guardian, she notes that neither men nor women could vote under Mullah Omar's regime in Afghanistan. Mullah Omar was the spiritual leader of the Taliban, and was Afghanistan's "head of state," from 1996 to 2001. She makes the important point that the cruel excesses and limitations upon womens' rights in Taliban-led Afghanistan must be seen as an indictment of the Taliban's prejudices, and cultural views, not an indictment of Islam.

By the way, I myself am not a practicing Muslim. I am a practicing Presbyterian and sometimes Unitarian Universalist. However, I have a deep respect for many of the world's great religions, including Islam, Buddhism, Christianity and Judaism. Zakat, which is a pillar of Islam, is basically tithing. Ramadan, which is a pillar of Islam, is basically a more rigorous version of Lent. Accordingly, do not interpret my words as an attempt to convert you. Rather, interpret my words as an attempt to "get it right."

Saraji Umm Zaid, writing at modernmuslima, makes a very important point. She notes that we must respect Shariah, but that we should not fall into the trap of focusing on the "virtues of the Ideal Place of Women in Ideal Islam." Rather, we must confront the reality on the ground. It is not enough, she argues, to simply place all the negative aspects of how women are treated in predominantly Muslim societies, on "culture." She notes that among conservative Muslims,

[] there is a resounding silence when the issue being raised is Female Genital Mutilation (FGM), honor killings, forced marriages, the unequal application of hadd punishments on women, or the denial of education to girls and women. 

Saraji Umm Zaid urges the average Muslim to petition governments, and urge for change against these practices. She states that Muslims can no longer afford to be silent about human rights abuses, especially those committed against women, in the name of Islam. I provide a long quote from her here, because her words are simply brilliant:

Prophet Mohammed, sallalahu aleyhi wa salaam, was mocked and assaulted because of his strong and courageous stance on the status of women.  He came with a message that lifted women up and gave them dignity.  Fourteen hundred years later, we have descended back into the dark pit of Jahiliya, and Muslim women around the world find themselves cast into the same slavery that the Prophet, sallalahu aleyhi wa salaam, was sent to liberate them from.

It does not make you a "radical feminist" to decry honor killings and volunteer for peaceful campaigns to educate and change laws.  Raising your voice against Female Genital Mutilation does not mean you want to "undermine Islam."  To the contrary, working against these injustices in the way of Allah is a manifestation of the desire to uplift Islam and the Muslim people.

When the Taliban decided to deny education to any girl over a certain age, it is the conservative Muslims, the ones who profess adherence to "Qur'an and Sunnah" that should have spoken the loudest against this.  The longer we stay silent, the more people, both Muslim and non Muslim, will begin to equate "Shar'ia" with the oppression of women.

Returning to the topic of voting, the teachings of Islam, according to Jamal A. Badawi, author of "The Status of Women in Islam," Al-lttihad, Vol. 8, No. 2, Sha'ban 1391/Sept 1971, informs us that Islam gives women the right of election, as well as of nomination to political offices. Women have the right to participate in political affairs and the Holy Quran gives examples of women who participated in political discussions and even argued with the Prophet Mohammed (See Qur'an 58: 14 and 60: 10-12).

Interestingly, Pakistan, a predominantly Muslim country, has had a woman head of state, Benazir Bhutto, and several other prominent female politicians. According to Saimah Ashraf, women in Pakistan are allowed to drive, vote, attend co-educational universities, and hold paying jobs.That being said, life in Pakistan is not very pleasant for women, as there are honor killings and high rates of violence against women there, but that is another topic.

Certainly, women just voted in the last referendum here in Egypt, and the Egyptian legal system is based in part on Shariah. The Parliament in Egypt is currently suspended, so no women or men are serving in it. The country is being run by the SCAF, which appears to be composed entirely of men. There is certainly a lot of room to expand the role and influence of women in Egypt now that the country is in the process of forming new political parties.

The right to vote was established in Iran in 1963. Iran has a very high number of women in Parliament, and women form more than half the entering class in Iran's universities according to Simin Royanian as well as an article in the BBC by Roxana Saberi. According to that article Women in Iran's Parliament are very active, and women also serve in local government. However, in Iran, women cannot be judges, and have many social rights restricted. President Ahmadinejad is quite conservative on the role of women, and wants them home with their families.There is a lot of room for improvement on the political role of women in Iran. According to Raz Zimmt, writing about Iran's parliamentary elections, currently only eight women have been elected in the 8th Majlis (elected in March 2008), in comparison to four women in the first, second, and third Majlis; nine in the fourth Majlis; 14 in the fifth and sixth Majlis sessions; and 13 in the seventh.

I have not had time to review the situation of women and the vote in Saudi Arabia, but this quick survey indicates that under Shariah, women certainly have the right to vote, and in many countries that are governed by Islamic Jurisprudence, women have that right as well. 


I would like to leave you with some wise words from Dr. Christina Jones, a professor of Law from Germany with expertise in Islamic Law:

I would like to leave you with the following proposition: It is possible to use Islamic law in the interests of women's rights. It is possible to combine the very best for women from all of the interpretations of the Quranic text. The decision to do this is political.

Mohammed El Baradei: We are born with a call for freedom

Dear Readers

Sorry to gush, but today I met Mohamed El Baradei, Nobel Prize Winner, former head of the International Atomic Energy Agency, and revolutionary. One of the really cool things about my current job is that I work with Dr. Laila El Baradei, who is the sister of MEB. I attended a lecture today organized by students. It was called the Leadership for Education and Development Program. The theme was "Political Activism." Mohamed El Baradei was one of the speakers. Here are the best effort I could make of notes from this event. The event was in Arabic, so I listened to the translator. Notes are mostly verbatim, but some places I summarize. These are indicated by [..] Cheers, WMB

Here is the very short Al Masry Al Youm article about it El Baradei calls for 50 strong civil consultative council.

"We do respect the Army's role because it was the protector of the revolution. Today, the Army could appoint a consultative council to help it govern. Transparency is the road to Democracy."

"Do we have the kind of parties that enrich the debate? No, we do not. It does not matter if we have a parliamentary or a presidential system. There is no perfect democracy in the world. Every day, we learn something new. It is so important to be critical, to think critically. The important thing is that you think. This is something the previous regime killed in us."

"[Law must change with the times] In the US, in 1954 they said segregation was constitutional. The Highest Court said segregation was constitutional. The same court in the 1970s said we need integration. In terms of politics in Egypt, we need a coalition. We don't necessarily want a proportional system if it will result in distortion. We want everyone to be represented. The electorate should feel you represent their interests."

"The recent law requiring that a party have 5000 signatures from 29 governorates and publish in two state owned papers is an obstruction. Each of these signatures must be publicly notarized.: This is an obstruction, an impediment. [The new parties should be allowed] Before we promulgate the laws, we need the laws to reflect the views of the people. We are still holding the old mindset. The laws are not like the scripture, or the Bible. We should be able to change. Do not restrict freedom of association."

"Democracy means respect of the majority while protecting the rights of the minority. The judiciary must be independent. Open the windows of democracy for freedom. Give the people the right to debate."

"In the 1971 Constitution, it said freedom of religious affiliation or belief is absolute."

"One half of Egyptians are below the poverty line. People went to the referendum because for the first time, they felt their voice was heard. One year when I finished working at the agency [IAEA] I defended the right of the Muslim Brotherhood to participate in politics. Each citizen should have the same rights or duties. Turkey has an Islami party but the country is completely secular. [This is the model we should follow] No one should impose his or her religious affiliation on anyone else."

"The youth are ready to hold office. I visited all the Eastern European states, their leaders are young, between 30 and 40."

"In a press conference, I said Egypt would live in this malady unless Mubarak was tried, or left the country. We should start with the head of corruption who is the former president.  There are 500 prominent figures who should be tried. Does it make sense that we have a camel battle during the Black Wednesday of the revolution? We err, but we need to learn from our mistakes. The only perfection is in God."

"The characteristic of democracy is that we do not need to take rushed decision. Take a slow decision with many views considered. I live near the pyramid side. I look at the luxurious buildings, and then the slum areas. We do a lot of injustice. How do we reduce the gap of poor and rich? We need access to education and health care. You have to know your budget, and allocate appropriately. The AUC graduates knowledgeable people. They need to help the poor. The short term goals of the country should be

• Education
• Health
• Housing
• Food

"We lack credibility with the people. If you are planting your fields, ensure a minimal level of food security. Our priorities today [must be to] build the Egyptian human being. [Help people] to live a decent life. I met John Kerry. I said that the money you spend on terrorism is squandered. The human being, when he loses hope in life, bombs himself. Help the young people meet their aspirations, and they will not be terrorists."

"Can we say that whole nationalities should be denied entry to Egypt? We should think rationally. In the past it used to take us a year to get a visa to Western countries. [We should not repeat that mistake]."

"The constitutional referendum was controversial. It was not proceeded by national dialogue. Would I have prevented [unclear] from seeking the presidency because his wife was French? No. We should think about what we are saying."

"I hope that we continue to put our faith in the Army. I do not object to the army itself, but rather to the Army as the [essence] of the state. Should we have mandatory military service? Obligatory enrollment in the Army for three years? All these issues are subject to discussion. The Army, Police Officers and Judiciary should vote. [They have not in the past] Maybe mandatory service is good, but we should discuss this. Maybe we need a reserve, or a volunteer service. I cannot give you the answer, but we need to have a public discussion of these issues."

"42% of Egyptians live under the poverty line, but realistically,90 percent of Egyptians are poor. We must guarantee people a free and dignified life. In 2010 the minimum wage was 35 LE  a month (about 7 dollars) Now it is 400 LE (about 80 dollars). The Editor in Chief of a Government Newspaper was making One million pounds a month (A lot, 250,000 dollars) It is not that the country is poor, but we need to redistribute the wealth."

"Article 2 of the Constitution. There is a great sensitivity to this. Article 2 does reflect Islamic principles. Equality and Justice are also Islamic principles. It is about the interpretation of the article. Let us focus on the real problems facing Egypt. I was in Cuba. The education rate there is 100% despite the American embargo of forty years. Castro's son chaired a program at UNESCO on how to reach out to people in villages to educate them."

Question from Audience: Do you think that Egyptian people are politically mature enough for democracy?
Answer. "The elite in Egypt has been polarized. But now, people are excited about the chance to vote. Many people voted in the referendum even though they were not well informed. [This is okay, people will learn as they exercise their right to vote.] Democracy is freedom and social justice. We are born with a call for freedom. It is inherent in us."

QFA: What should the position of the New Egypt be towards Israel? Answer: "Israel marginalized the Palestinians. The Arab World did not deal with the issue. There is no balance of power. Israel will come to us when Arab states become strong. Iran and Turkey are two strong states. A strong state is measured by what you contribute to world civilization. The Palestinian problem will not be solved in a military way. In the 40s, we had the Arab League. Recently, Arab regimes have become a joke."

QFA: Should we have a parliamentary or presidential system? Answer: "We need a popular consensus. We need an alternative to the authoritarian example. India is progressing ahead because it is a democracy. Unleash the powers and freedom of the human being."

QFA: Do you believe that Egypt can become an Islamic State? Answer: "We are always talking about mottos and slogans. Does religious reference mean we have divine and lofty values? Yes. If we believe in the true spirit of Islam, Christianity and Judaism, we must have good intentions. I met the Dalai Lama. The Dalai Lama says that prayer should be linked to action. Islam says that also. It is better to do an action, then spend the day in the mosque praying. When we speak of this political coalition [that should rule Egypt.] We should solve these problems within a humanitarian framework."

The Middle East Should Follow Egypt’s Lead Towards Democracy

A version of this article was published in the Clarion Ledger on March 27, 2011

Date: March 21, 2011


The change sweeping the Arab world is now entering into its second month. The people of Tunisia, Egypt, Yemen, Saudi Arabia, Bahrain and Jordan are demanding political representation, free speech and democracy. Only one Arab government other than Egypt is responding to the protests sweeping the region in a manner which respects the right of its people to participate in government: Jordan.

Indeed, in countries such as Yemen, Libya, Bahrain, and Saudi Arabia, the people's demands for change are being met not with reform, but with force, and violence. Protests began in Saudi Arabia this Friday asking for political reform including more representation for the people, and action against poverty. The Saudi government responded to this action by arresting and beating protesters. In Bahrain, protests started in which the majority (Shia) people asked to be involved in government decision making. In a disturbing development the Saudi and Emirati governments did not send troops to support the rebels in Libya, but did send troops into Bahrain to crush the protests. Protesters in southern Syria are also asking for political reform, including free speech and economic growth. The Syrian government is reacting by arresting dissidents. In Yemen, protests began at the beginning of March asking their authoritarian “president” to leave now, and not wait until the end of his term. Violence broke out in Yemen when snipers shot peaceful protesters. The president then imposed martial law.

The journey towards democracy in the Middle East and North Africa will be long, and full of obstacles. I suggest that analysts and readers think of the transformation sweeping the Middle East as a process, not an event. To examine the potential risks and rewards of this transformation, I consider the cases of Egypt and Libya as point and counterpoint: one country is moving swiftly towards democracy, while the other country is in the midst of a bloody civil war, and humanitarian disaster.

Egypt has taken the first of many steps towards a democratic transition. On January 25th, the Egyptian people spoke out. They demanded a change in leadership, and asked that an autocrat of thirty years step down. Their actions were largely peaceful, and they used the tools of non-violent resistance. They were rewarded on February 11th when President Hosni Mubarak left office. The Egyptian people refer to this period as the “January 25th Revolution.” Theorists point out that in fact, Egypt has not experienced a true revolution. According to Professor Steven Levitsky, a democracy expert at Harvard University's Department of Government, what Egypt is currently experiencing is more accurately termed a regime transition. At the moment in Egypt, the military is in power. Accordingly, Egypt has removed a dictator in the person of Hosni Mubarak but is currently being ruled by the Supreme Committee of the Armed Forces. Egypt has not emerged as a full-fledged democracy. Arguably the Egyptian people are still living under a form of semi-authoritarian rule, all though that rule is certainly liberalized with comparison to the previous government.

Nonetheless, Egypt is making excellent progress on its journey towards democracy. A constitutional referendum was held on Saturday, March 19, 2011. This represents the first major election ever held in Egypt. The election was marred by some drawbacks, and in my view, was not totally free and fair. Most importantly, not enough time was given for Egyptians to understand the meaning of their vote. Voters were "encouraged" by the Muslim Brotherhood with rice and oil to vote “Yes.” There were inadequate numbers of polling stations. Some polling stations erupted into violence, as when Nobel Prize Laureate Mohammed El Baradei was attacked with stones and glass when he attempted to vote. Yet, the successes of the Egyptian Constitutional Referendum of March 19, 2011, greatly outweighed the problems. Egyptian universities worked hard to train election monitors. A peaceful rally was held in Tahrir Square in which people tried to educate each other about the meaning of their vote. Soldiers provided protection for the protesters. The election was hotly debated in the press and the television: free speech is emerging. Most polling stations were peaceful. Normally boisterous Egyptians queued quietly as they awaited their first opportunity to cast a vote that "mattered."

In contrast to the peaceful and promising transition in Egypt, Libya is experiencing a violent outcome in response to people's demands to political liberalization. The Libyan uprising is entering its fourth week. The Libyan people must be praised for their determination, and persistence in the face of unrelenting force. Libya's leader, Colonel Muammar Qadaffi has responded to peaceful protests with brutal violence, hiring mercenaries, and ruthlessly targeting civilians. The unrest in Libya began on February 15, 201. The main reasons for the protests were the lack of political freedom, the spread of corruption under the Qadaffi regime, and the need to expand freedom of speech. Thousands turned out peacefully holding signs and chanting to challenge Colonel Muammar Qaddafi's 41 year strongman rule. Qadaffi responded by firing on the protesters, turning the situation into a bloody civil war between loyalists and rebels.

A broad campaign of airstrikes led by France, England and the US began pounding the Libyan coast on March 19, 2011. US missiles are attempting to enforce a United Nations no-fly zone to keep Qadaffi from crushing rebel forces. Some critics have expressed concerns that military intervention against Qadaffi could backfire badly, causing resentment in the region. There is a need, as expressed by writers in the Nation, and in AlJazeera, to balance the desire to act in solidarity with the rebels against the risk of harming civilians. In addition, the desire to support the rebels must be balanced against the need to support Arab self-determination.

Overall, the weight of history, humanitarianism, and self-determination fall on the side of intervention in Libya. Qaddafi’s efforts to frame the rebellion against him as a "Western Plot," play on a well worn fear and paranoia present in Arab states that they are not fully in control of their own destiny. It is important for regime change to be organic, and driven by the citizenry. Indeed, the failure of democracy to take root in Iraq can be blamed in large part on the fact that democracy was imposed by the West, not asked for by the Iraqis. This is not the case in Libya, where the people have clearly asked for the removal of Qaddafi through protests, and by fighting bravely alone although they have been outmanned and outgunned.

Further, international opinion is firmly on the side of intervention. On February 26, 2011, The UN Security Council correctly called for a no-fly zone in Libya. Such a no-fly zone should help the anti-Qadaffi rebels to regroup, and should limit Qadaffi's ability to respond to the uprising. On March 13, the Arab League endorsed the concept of a no-flight zone over Libya. On March 17, 2011, the United Nations Security Council passed a resolution calling for military action in Libya. Obama wisely waited to initiate Western supported military action  until after the Arab nations agreed that a no-fly zone area should be enforced. This decision to wait until help was requested from regional powers respects the Arab need for self-determination, and also represents an international consensus that action was required.

A few key lessons can be drawn from the contrasting scenarios in Egypt and Libya. First, it is no accident that Egypt is one of the first Arab nations to liberalize. Egypt is basically a secular country. Egypt’s population includes Christians, and even a few Jews, and there is support for religious freedom for all citizens. Second, Rwanda taught us that genocide must be stopped. As Anne Marie Slaughter of Princeton has argued, the air strikes in Libya are in support of humanitarian grounds. Third, autocrats must not be tolerated, even if they are politically useful, or even if they have oil the West wants. In the short and medium run, human rights and democracy require that the United States stop tolerating autocratic and oppressive regimes such as those found in Saudi Arabia. Fourth, change must come from below. The Arab people have a right to self-determination. The West should respect that. President Obama and the UN were wise to wait to take action until they were asked by the Arab League. The UN has asked for a no-fly zone, not an international conflagration. The US should not commit ground troops, but should merely “soften the targets” so that the Libyan rebels have a fighting chance. Finally, the West can support protesters by sending money and supplies to non-profit organizations, political parties, and other civil society groups oriented towards reform. In addition, educational exchanges between academics and students can facilitate exchanges of ideas. Egypt should be viewed as a beacon for democracy in the region. Egypt is already exporting the idea of freedom by holding its historic vote this weekend. Any support the West can supply for democratization in Egypt can only lead to more reform and liberalization in the region.

Observations by a voter regarding today's constitutional referendum

Egypt’s New Phase of Democracy- Exercise 1: National Referendum, March 19, 2011

This entry was contributed by blogger Rana Korayem. 
[I edited this entry slightly to adjust the English to a more standard style. WMB] 

The national referendum on the Constitution being held today is one of the first steps toward real democratic transition in Egypt. Amazingly enough, Egyptians, who are usually never up in the early morning on a weekend, stood in queues, each waiting for their turn to vote. Participants were of all eligible age groups, many of which voted for the first time ever as they told media reporters, among which was a 66 year old man. The usual chaos was not there anymore. It was unusual to see Egyptians standing in such long queues, not complaining, but happily smiling. Young people felt very proud. This was evident on everyone’s changed status on Facebook, with positive phrases of happiness and pride.

What’s notable is the level of women’s participation in this referendum. Women and young girls in most voting stations were present in larger numbers than men. This was confirmed by the coverage of the local Egyptian TV that announced that women’s participation is unprecedented. Guest analysts also commented on women’s participation and how positive this is. The Egyptian media can be characterized by its gender insensitivity. Seldom does the Egyptian media report on women’s involvement in anything, unless it has to do with cooking, or any other topic that limits their participation to traditional house chores and raising children. It was great to hear the anchor ask the reporter about the level of women’s participation in one of the governorates.

Among women’s top fears of public participation is sexual harassment. This referendum was organized well enough, so far, to have separate queues for men and women, respectively. Women were everywhere, and the voting stations were more or less like a community gathering. No harassment incidents are reported to this moment. Very few people interfered in other people’s opinions. Questions regarding “How will you vote?” or attempts to influence one another were very minimal. This reflects the respect that people hold to one another. This is also another step towards democracy that people are actually learning to accept the opposing opinion.

Some violations still exist though. According to the Egyptian Center for Women's Rights (ECWR) and the Egyptian Coalition for Civil Education and Women's participation, who monitor the referendum, activists of the Muslim Brotherhood distributed goods, such as oil and rice among voters.  This could be perceived as an attempt to bribe voters, or influence voters to vote yes. 

Amending the Egyptian Constitution Part 2

10:20 a.m

Hi all, the vote is today. VERY EXCITING!!! This is really important. So many African countries are revising their constitutions. Kenya just revised its constitution and it passed on August 4, 2010. There is a lot to learn from Kenya. Sudan is newly independent and they will be working on their constitution soon. Lets learn from each others as Africans.

10:25 a.m.
As I mentioned, I attended a crash course on training for the constitution held by a colleague, Professor Mervat Abou Ouf, at the American University in Cairo on March 16, 2011. She gave a very lucid presentation, and she is my new hero. Here is her link.

http://www.aucegypt.edu/fac/profiles/pages/mervatabouauf.aspx

According to Professor Mervat Abou Ouf, the parliament is currently dissolved, and the constitution is on pause.

The proposed amendments make several changes to the Egyptian Constitution of 1971. Here are her comments on just a few of the amendments.

75: First, it amends part 75, to say that the Egyptian President should be born to two Egyptian parents, and cannot marry a non-Egyptian. One issue with this is that so many people left the country and lived abroad while Mubarak was in power, that it really discriminates against those returning in exile. This rule does not require that one be born in Egypt! Interestingly, in theory, one could be born in France, speak French but no Arabic. Then, one could marry a French Egyptian. In theory, you could never have lived in Egypt, yet still be eligible to be President. In addition, there is some argument about the Arabic, as it suggests that you cannot marry a non-Egyptian wife. I can neither confirm nor deny this, because I cannot speak Arabic, but it certainly  indicates women cannot run for president, if it is in fact true.

76: This provision seems desirable. It makes it easier to run for President. Under the old Constitution, only Mubarak's son Gamal really could have qualified for the presidency, because the qualifications were so restrictive. Now, this provision provides three ways to run for president, You may be nominated by members of Parliament in two chambers, you may be nominated by 30,000 citizens in 15 governorates, or you may be nominated by a party holding at least one seat in the Parliament.

Say No to Everything
One reaction to the proposed referendum is that it is unreasonable to make people vote on the Constititutional amendments as a unified batch. It is an all or nothing strategy. Holding the vote at this time is risky, and controversial due to the high illiteracy rate in Egypt, and the speed with which the amendments are being pushed through. One really must ask if citizens have had enough time to reflect on these amendments. In addition, the team which wrote the constitutional amendments was appointed by the military or the Supreme Council of the Armed Forces as they are known here. This is hardly a democratic process. It would be better if people had the choice to vote on each provision separately. In today's vote, there are only two options. Yes, and No. It would be much better if the Egyptian people had a third choice, such as the choice to vote that they want a completely new constitution.

Egyptians Vote on Constitutional Changes
http://www.nytimes.com/aponline/2011/03/18/world/middleeast/AP-ML-Egypt.html?hp

According to the New York Times, this is the first major test of the country's transition to democracy since the overthrow of Mubarak. Arguably, in my view, this is the first remotely free election ever held in Egypt, and  that is to say, ever. . . .

11:48 a.m.
What happens if people vote No on the referendum?
The upside to voting No is that it does not revive the 1971 Constitution. The downside to voting no is that there is basically military rule with no President, no Parliament, and no Constitution. I personally was very happy with my interactions with the military yesterday in Tahrir Square. That being said, Egypt is currently under a military dictatorship, and that is not a comfortable feeling for those who love democracy. There is no guarantee that the currently friendly military could not turn on a dime and become a violent dictatorial regime. In the event of a No vote the Supreme Council of the Armed Forces could, possibly, put a decree in place saying they are in power for X number of months. It is not clear what will happen from a legal and a constitutional perspective if the people vote No.

What happens if People Vote Yes in the Referendum?
According to Professor Abou Ouf, the people who support a yes vote are the military, the people seeking safety and regularity, the Muslim Brotherhood, and the National Democratic Party (supporters of the former Mubarak Government). In addition, some other extremists, in her view, may support a yes vote. Concerns include the fact, mentioned above, that there has not been enough time to review the changes. In addition, the articles are not finalized, and people are not very clear even regarding the Arabic construction of some of the points, which could change the legal meaning of the document. In addition, and disturbingly, voting for the amendments would seem to reinstate the 1971 constitution. In a strange set of circumstances, the amendments do not account for the fact that this constitution which requires a Parliament and a President, would be in place in the absence of those two figures, but a military government would be in place instead. This means that the Constitution would actually be violated while it was in force.

Presidential vs. Parliamentary System
The issue of whether Egypt should have a parliamentary or presidential system, or a mixed system is not addressed at all by the amendments, but should be considered before Egyptians pass a new constitution.  There is a vast political science literature on this, and it is an important matter. Thanks to Steve Levitsky of Harvard University for teaching me this idea in his class on Comparative Politics.
http://scholar.harvard.edu/levitsky/home

Drawbacks for New Political Parties
In theory, there are twenty four political parties in Egypt. Nonetheless, they are very weak. As a result, the main party is the National Democratic Party, Mubarak's old party. In addition, the loyal opposition has been the Muslim Brotherhood. They are very well organized. Some say they are fielding as many as three new parties in the new election. What will happen to less organized parties who are not of the ancien regime, but also do not believe in the Muslim Brotherhood.

1:14 p.m. According to a student,  violence is breaking out at polling stations in Giza. People are voting in more than one committee and penetrating rooms with falsified paper. Asyout and Sharkeya are becoming more violent.

Other Concerns:
A Yes vote could be problematic for several reasons. It is unclear if the President, (whenever Egypt gets one) could run again after two terms. In addition, there will be numerous elections this year. There may be as many as seven (7) elections in less than one year. It is very hard to keep track of everything that is going on right now, and citizens are likely to suffer from election fatigue. It is unlikely that the old government is not going to relinquish power without a struggle.


References
El baradei, supporters, attacked at polling station.
http://www.almasryalyoum.com/en/node/365228
The Found art of voting
http://www.almasryalyoum.com/en/node/365137
Thug Life, Pro Mubarak Bullies Break their silence
http://www.almasryalyoum.com/en/node/365137
Frustrated Zamalek Residents leave three hour queue
http://www.almasryalyoum.com/en/node/365137
Phone interview with RM, NDP supporter and youth voter, March 19, 2011.
Phone interview with MF, businessman and no voter, March 20, 2011. 
Egyptians Turn Out in large Numbers to Vote on Constitutional Referendum
http://www.rferl.org/content/egypt_referendum_/2343176.html

Amending the Egyptian Constitution Part 1

2:25 p.m.

There will be a referendum on amending the Egyptian constitution tomorrow. My gut instinct is to vote no. I went to a crash training course on this. I am feeling a little scared, but I think I will try to go to Tahrir Square to see what is going on there.

2:27 p.m.

I went to a lecture by Professor Mervat Abou Ouf on the amendments this week. My understanding is that there are eleven proposed amendments to the constitution. article 75, article 76, article 77, article 88, article 93, artucle 139, article 148, article 179, and article 189 (and two others).[Author's note, this was incorrect, there are nine amendments. I misunderstood. WMB] Dr. Mervat pointed out that there have only been four weeks to review the amendments. That alone is reason to vote against them. We discussed the amendments in class. I am going to write down her critiques tomorrow morning.

11:17 p.m.

I made it to Tahrir Square. I am so glad I made it. It was one of the peak experiences of my stay in Egypt. The energy on the square was incredibly positive. Many families were there with their children. The children were adorable and several children and adults had Egyptian colors and the Arabic symbol for no painted on their face. It seemed that all the protesters there supported the No vote. I saw no protesters organizing for a Yes vote. Somehow I ended up having my photo taken with soldiers, and getting an egyptian flag, and the Arabic character for "No" painted on my face.

I went with my Egyptian colleague Mark Mikhael. Check out his great column on Coptic Christians and Muslims, and how we are all Egyptians here: (http://www.almasryalyoum.com/en/node/348932). Many thanks to him for helping me navigate the square and protecting me from the thugs who tried to steal my camera at the end of the night!

The soldiers seemed so calm and authoritative. Everyone wanted me to take their picture. I think they thought I was a reporter. Did I mention that at the end of the protest, everyone, including me, got down on their hands and knees and picked up trash so that the square was nice and clean again? Absolutely amazing. If that is not revolutionary, I do not know what is.

11:54 p.m.

For Al Jazeera's comprehensive review of the amendments, click here. . . .
http://english.aljazeera.net/indepth/spotlight/anger-in-egypt/2011/03/20113156309594476.html