CAIRO, Dec 2 (Reuters) – Egypt’s constituent assembly
finalised a draft constitution on Sunday that will be put to a
referendum this month or next. It is a major milestone in the
army’s political roadmap after the ouster of Islamist President
Mohamed Mursi in July.
The 50-member assembly named by interim head of state Adly
Mansour was mainly composed of liberals and leftists and chaired
by Amr Moussa, a former Arab League secretary general and
candidate for the presidency.
Following are some key elements of the draft, which will be
handed to Mansour on Tuesday.
PROVISIONS FOR POLITICAL TRANSITION
The draft constitution opens the door for changes to the
transition plan by giving the authorities the option of holding
a presidential election before parliamentary polls, or calling
both elections at the same time. The original plan was to hold
parliamentary elections first.
It also stipulates that “election procedures” should start
within six months of the ratification of the constitution.
It is now up to Mansour to decide when and how the elections
will be held.
Mansour will have presidential powers until an elected
president is sworn in.
The transitional provisions also stipulate that the Supreme
Council of the Armed Forces (SCAF) must approve the choice of
defence minister for a period of two full presidential terms
after the ratification of the constitution.
PRESIDENTIAL POWERS
The president can only serve two four-year terms. Candidates
must be at least 40 years old. The president must be Egyptian
and born to Egyptian parents. Neither he, his parents, or his
wife may have foreign nationality.
The president appoints a prime minister who must secure the
approval of parliament. If parliament rejects the choice, the
president must accept the nomination of the prime minister
picked by the party or alliance that has the majority.
The government must also win parliament’s approval. If it
does not, parliament is dissolved and new parliamentary
elections must be held.
The president can dismiss the government with the approval
of the majority of parliament. He must secure the approval of
the majority of the parliament to reshuffle the cabinet.
The president is the supreme commander of the armed forces.
The parliament can withdraw confidence from the president
provided that the majority of its members approve the move.
THE MILITARY
The defence minister must be an army officer.
The military budget is to be discussed by a national defence
council made up of top state officials including the president,
the prime minister and the minister of defence. The constitution
does not say who has the power to approve the budget.
Civilians may be tried by military courts in a range of
crimes related to the army such as direct assaults on military
facilities, camps, military areas, borders, military equipment
and vehicles.
RELIGION
Islam is the religion of the state and the principles of
Islamic law, or sharia, are the main source of legislation. In
personal status affairs, Christians and Jews follow their
religious codes.
Political parties may not be formed on the basis of
religion.
Al-Azhar is the state’s main reference in religious sciences
and Islamic affairs and is funded by the state. Its top cleric
will be picked by the Senior Scholars Authority of Al-Azhar
according to a law that the constitution does not define.
FREEDOMS AND RIGHTS
Political parties cannot be formed on the basis of gender,
race, sect or geography. Parties cannot practice activities that
are against the principles of democracy. They must not be
secretive or have military or paramilitary components.
Citizens have the right to organise public meetings and
demonstrations and all forms of peaceful protests, though they
must notify the authorities and follow a law that the
constitution does not define.
The constitution bans all forms of slavery, the sex trade
and “abuse of human beings”.
The state “guarantees the achievement of equality between
women and men in all civil, political, economic, social and
cultural rights”.
(Reporting by Yasmine Saleh and Asma Alsharif. Editing by
Christopher Wilson)
