Tomorrow's constitution

Although still unlicensed, a would-be political party has drafted an alternative constitution for the country. Mona El-Nahhas takes a look

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At a major rally in downtown's Bab Al-Shaariya Square last week, MP Ayman Nour announced the "birth" of a new constitution. The founder of the would-be El-Ghad (Tomorrow) Party said the new constitution should replace the one currently in use, since "its articles have not been able to cope with the changing times."

A sarcastic Nour provided an example: "the existing constitution says that Egypt is a socialist state, [while we] turned towards a free market economic system several years ago."

It took six months to draft the new document; its 200 articles mandate a parliamentary democracy and drastically limit the authority of the president. "No constitution in the world places all powers in the hands of the president," Nour said.

In this case, the party that gets a majority of votes in free parliamentary elections would form a cabinet. The draft also allows parliament to withdraw its confidence in the government. The People's Assembly also has the right to approve the cabinet's annual plan. In case of repeated rejections, the cabinet would submit its resignation to the president.

The draft also institutionalises the principle of power rotation, via parliamentary and presidential elections. It abolishes the referendum system currently used to select the president, and stipulates that there be several candidates for the posts of president and vice-president. The candidates should submit their nomination requests to the Supreme Constitutional Court's chief justice, who will head the judicial committee supervising elections. The proposed constitution also limits the presidential term to five years; and bars either the president or the vice- president from occupying their posts for more than two successive terms.

Although Nour's party remains unlicensed, the committee that prepared the alternative constitution held a meeting yesterday to discuss the draft. Former Prime Minister Aziz Sidki was selected to head the committee, which also includes professors of constitutional law and prominent political figures.

Nour said a campaign would be launched "to collect one million signatures. People will be asked to support the new draft through our website. Those who do not have computers can mail their signatures in. Once the million signatures have been collected, a group of MPs will submit the draft to the assembly for its approval."

Asked if he expected the new draft to ever see the light, Nour asked, "Why not? Everything is possible."

Sidki, who was invited to be Nour's guest at last week's rally, talked about the necessity of amending the current constitution. The former PM called constitutional reform the cornerstone of comprehensive reform, and expressed his utter opposition to "regime inheritance, which have nothing to do with the republican system". He said there should be several nominees for the presidential post, and that direct elections should replace the current system of presidential referendum.

Sidki also called for abolishing all the emergency laws that have been governing Egypt for more than 20 years, "a period during which the regime tightened its grip on the public, lest a popular awakening arise, and threaten its existence".

As the audience heartily applauded, Sidki said the Shura Council's political parties committee should also be abolished, since "for over 20 years it has rejected the formation of 64 parties, leading to the current dearth of political life."

Nour's El-Ghad Party was one of those rejected by the committee on the grounds that its nearly 1,500-page programme was too similar to those of currently existing parties. The committee's decision was contested before the Administrative Court last year. Next Saturday, the Supreme Administrative Court will rule on whether or not the party should be given a license.

Some observers are expecting the court to sanction El-Ghad. The court's advisory body, the State Council, has already recommended that the party be licensed since it is "a new and distinguished addition to Egypt's political life."

According to Nour, who was dismissed from the Wafd Party three years ago because of differences with party chairman Noaman Gomaa, El-Ghad bears no similarity to the Wafd Party. "It is a liberal party with both social and reformist dimensions, and a completely new political perspective." He said 10,000 people had already signed up to be party members, 25 per cent of whom are former members of the Wafd Party.