Towards a consensus

It will be a great mistake for the opposition to boycott the national dialogue, writes Ibrahim Nafie

---

It is a mistake to reduce the reform process in Egypt to the amendment of a single article of the constitution. We are involved in a comprehensive project for change that must engage all legitimate political parties and intellectuals from across the ideological spectrum.

If some parties disapproved of the wording of the constitutional amendment as it was passed this is not sufficient cause to boycott the entire reform process. Many more articles and laws are being slated for revision, and this will require the input of diverse political forces within the framework of the ongoing national dialogue.

At the same time it is important we learn the lessons of our experience in amending Article 76. An honest, critical assessment by all parties of their performance during this period will be of great help as we broach the many other issues on the national agenda.

Although some have strong reservations over the national dialogue, centring on the amendment of the article governing the election of the president, I still believe that the experience was on the whole positive. For one, the NDP gave close consideration to the ideas and perceptions aired by the opposition parties. In addition, not only were their reservations and proposals brought before the parliament's Constitutional Committee, opposition party leaders participated in this committee's deliberations and many important alterations were introduced into the wording of the text as a result. As disappointed as some of them were with the final product, they should not now throw in the towel. To do so is to deprive themselves of the right to participate in the ongoing process of give and take and to deprive Egypt of the valuable contribution they have to offer to the national reform experience.

Moreover, although opposition parties and the NDP did not see eye-to-eye on the wording of the amendment the dialogue produced a considerable convergence of opinion on other issues pertaining to the electoral system. Although it was finally agreed, after some heated debate, to adhere to the current electoral system for the forthcoming elections numerous proposals were aired regarding the introduction of a proportional list or mixed party ticket-independent candidate system. At Hosni Mubarak's urging these proposals will be carefully studied.

Of more immediate consequence there was marked conformity of opinion over the presidential elections law which accords the Presidential Elections Committee independent status and a special budgetary allocation so as to ensure its autonomy and integrity. This committee will supervise the presidential elections from the moment nominations are declared open. It will receive nomination applications, prepare candidate lists, set the date for the elections, monitor campaigns to ensure they are in keeping with the relevant regulations, monitor the polls and, in the event the results are contested, review grievances. The law also set a number of restrictions on the conduct of the campaigns. In the interest of preserving national unity candidates may not use incendiary language or religious slogans or houses of worship, schools, universities or other public or private educational establishments to disseminate campaign propaganda. The law further establishes a carefully devised mechanism for reviewing complaints on electoral irregularities and punishing violators.

There was considerable unanimity over the exercise of political rights law. In addition to a consensus over the need for guarantees against electoral fraud -- the use of phosphorescent fingerprinting one suggestion -- they agreed that male voters must have completed their military service, as required under the constitution, in order to be eligible to vote. They further believed it is important to maintain a simple literacy qualification for voter eligibility for the next 10 years, after which proof of the completion of primary education should be introduced.

Similarly, on the Supreme Electoral Committee that supervises parliamentary elections, dialogue participants reached a consensus. As a purely administrative body the decisions of this committee can be contested before the Council of State. In addition to agreeing on this principle there was also agreement that this body should consist of three currently serving judges, three former judges and four public figures known for their impartiality and integrity, and that it should be headed by the minister of justice in his capacity as vice-chairman of the Supreme Council of the Judiciary.

The political parties law was another area over which there was a meeting of minds, both with regards to the powers of the Parties Committee and with regard to the principle that if the committee does not respond to any petitioners notification of establishment within a set period of time the notification will be deemed approved automatically. It was clear that the participants in the dialogue attached great importance to the existence of the Political Parties Committee. One of the primary functions of this committee will be to ascertain whether prospective political parties are founded upon religious, sectarian, sexual or otherwise discriminatory bases. In other words, its task is to ensure that prospective parties are ideologically compatible with the constitution and it is certain to give its approval to any group of Egyptians wishing to establish a political party as long as it meets this condition. Participants were also enthusiastically in favour of the idea that a proportion of the national budget be earmarked to support political parties as well as the principle that parties must have equal rights of access to state-owned media to promote their platforms. In like spirit, the 11 parties that participated in the dialogue engaged in a lively discussion of the Political Party Code of Ethics and succeeded in reaching understandings that will boost the cause of political freedoms.

Clearly then, the amendment of Article 76 aside, the national dialogue over the past few months has succeeded in generating consensus over a broad range of issues bearing on the political reform process. The changes that have been made, or that are still in store, will put us firmly on the path to true democracy. The continued participation of the opposition parties in the national dialogue is in the interests of all Egyptians. A spirit of constructive engagement is the most effective approach to the process of comprehensive reform in which we are all engaged.