One condition that must be met to ensure a peaceful transition from an autocratic regime to accountable governance is national agreement on a political framework.
To that end, Egypt has proposed numerous amendments to the 1971 constitution, which will be put to vote via a referendum on March 19.
Many provisions in the old constitution were major flashpoints for protesters, especially those relating to presidential qualifications and the length of term in office. These have been revised.
Although new political parties are being formed, and political debates have already begun in the lead-up to the multiparty parliamentary elections in June, legislative reforms are far from complete, and may fall short of public expectations.
There is an undercurrent of fear in Egypt that the proposed amendments do not cover all eventualities, leaving room for corruption and potentially unfair elections.
Since President Hosni Mubarak stepped down and the Supreme Council of the armed forces dissolved Parliament and suspended the Egyptian Constitution, many groups cooperated with each other to form new parties.
But just because a group takes the initiative to start a political party, does not guarantee it will participate in the election.
According to Hossam Khalaf, founding member of the Al-Wasat (“New Center Party”), “Many parties are announcing that they are established. But this has no legal value since the Party’s law is still unchanged.”
Since Al-Wasat was founded in 1996 as a breakaway group of the Muslim Brotherhood, it was rejected for party status four times by the government’s Political Party Committee. On Feb. 19, it finally gained recognition, becoming the first party to win court approval in post-Mubarak Egypt.
Now, other groups are following suit and taking steps toward legal party recognition. On Feb. 25, labor union leaders and workers’ groups announced the start of procedures to establish a Labor Democratic Party of Egypt, to represent and lead the workers’ struggle for power.
According to Egyptian newspaper AlMasry AlYoum, on March 3, the country’s 18 Siufi sects established a committee to form a political party modeling itself after Turkey’s Justice and Development Party. Their political battle cry is to combat secularism and promote social coexistence.
Some of the different names considered by the Sufis were “Freedom Party,” “Egypt Today Party,” “Social Coexistence Party,” and “Elite Party.”
The proposed changes to Egypt’s Constitution, however, fail address the question of who actually has power to authorize a party to enter the political arena.
“Although Article 88 of the new amendments reinstates the judiciary as the body responsible for monitoring elections and addressing electoral legal grievances, it does not vest in them the authority to legitimize or certify political parties,” said Rabab Fayad, a foreign relations analyst in Geneva, in a Common Ground News Service article.
Khalaf wrote via e-mail that the number of people joining the political circle and applying for Al-Wasat membership is growing in the absence of the climate of fear. He also noted that the state media is now more open to different political views and anyone can speak out “without state police interfering.”
Fayad cautions, however, that this could change. The state of emergency has not been lifted and police can arrest anyone with impunity, he wrote in his article. This might prevent candidates from speaking up “if they feel that they may be up against a police favorite in any district,” which could stifle some campaigns.
Another point Fayad brings up, is the possibility for corruption in the upcoming elections. The proposed amendments do not regulate campaign financing or cap donation amounts to political parties, leaving room for individuals, corporations, or foreign powers to influence the elections, Fayad writes.
To meet the protesters’ demands, amendments have been put in place to limit presidential terms and allow for independent presidential candidates—within certain limits.
Amr Hamzawy, research director and senior associate at the Carnegie Middle East Center in Beirut, thinks that the proposed amendments to the constitution do not go far enough, however, because the constitution itself is problematic.
The existing constitution “supports an authoritarian system of government that gives too much control to the president, violates the powers of the legislative and judicial branches, and suspends citizens’ liberties and rights,” writes Hamzawy in an analysis.
The constitution “is therefore unsuitable for managing a safe transition to democracy.”
Nonetheless, writes Hamzawy, the proposed amendments will help ensure that a new constitution is written after the upcoming elections. Amendments to Article 189 require that an Assembly draft a new constitution for Egypt within six months after the national election.
With the June elections right around the corner, not all parties are ready to take their campaign message to the public, Khalaf noted.
“We and many other parties are asking to delay parliamentary elections. Few parties are ready to present themselves in this short time,” explained Khalaf.
