CAIRO: President Hosni Mubarak suggested 34 constitutional amendments, but they are not enough or are useless, analysts say. The president’s speech on Tuesday Dec. 26, triggered a deluge of talk shows and newspaper articles discussing his suggestions.
Naming a potential vice president and Article 93 topped concerns at the continuous analyses.
The president did not suggest any amendment that requires a vice president. Currently according to the constitution, the prime minister replaces the president in all his obligations if for any reason the president cannot fulfill them. A conflict of interest arises in this case because the government, which the prime minister heads, wouldn’t be held accountable to any higher authority, currently manifested in the president.
In his speech the president didn’t touch upon Article 93, which gives parliament the final say in canceling the memberships of its members.
Giving the legislative arm the upper hand, even over the judiciary, in such a sensitive matter raised concerns about the effectiveness of the changes.
According to Diaa Rashwan, political analyst at Al Ahram Center for Political and Strategic Studies, the changes have so many problems, do not contain any real accomplishments.
Rashwan said Article 76, which regulates presidential elections, included changes in its third and fourth parts that gave more space to parties but neglected the first and second part that opens a window of opportunity to independents or Muslim Brotherhood-affiliated candidates to join the presidential race.
About 65 percent of the current members of the People’s Assembly fielded themselves as independents, 38 percent of them joined the NDP after joining the PA, which means that independent members have the strongest presence and got the most votes, compared to 32 percent NDP and only 3 percent from other political parties, Rashwan said.
Independents have the extreme majority, yet they are the most restricted when it comes to running for the presidency, he added. It all came down to authority and delegation of powers.
In order for a real delegation of authority to be created the president should leave his position as the president of the NDP [which controls the majority of parliamentary seats] and become only the president of Egyptians, Milad Hanna, intellectual and political activist told The Daily Star Egypt.
Hanna believes that the fact that Mubarak is also the president of the NDP makes the party committed to the government and makes it hard for it to act as a political party.
Rashwan also stated that the president did not really minimize his authority. He said: He only changed two of 35 articles on the president s authorities.
The two articles that the president plans to change concerning the president s powers are Articles 138, where the word “ministries will be added beside the president in laying down the general policy of the state; and Article 141, in which the
president will acquire the opinionated participation of the
prime minister in choosing the ministers, as Rashwan phrased it.
Citizenship and its place in political life received special attention from Mubarak and critics.
NDP member Mostafa Alwy said on a TV interview that citizenship; its rights and meaning indirectly imply that there would be severe restrictions on any political party based on gender, or religion.
Hanna told The Daily Star Egypt that the presence of political parties based on religious beliefs does not need legalizations or governmental licenses.
The Muslim Brotherhood group is a strong political organization that dates back tens of years and has a strong emotional presence in Egyptian society. It may be the strongest political organization in Egypt, Hanna said.
Hanna believes that the NDP would face a strong challenge by the Muslim Brotherhood.
This group whether it is banned or not, remains a strong active power in Egypt that stands for hundreds of thousands of Egyptians who are convinced with the Muslim Brotherhood s line of thought, Hanna added.
This group, Hanna said, has strong profound social roots that will not be affected by a decision from the country or actions from the ministry of interior.
Another point of debate according to Rashwan is the change of Article 88 about the legal system supervising the elections.
Rashwan said: Changing this article will take us back to elections before year 2000 [where the election monitoring was in its worst condition and that is why judicial supervision instated].
Rashwan also showed concern regarding the anti-terrorism law that could mean a dangerous setback to articles on civil liberties.
The changes will activate democracy, which according to Mubarak is about culture and practice.
After the parliament negotiations the changes will be available to be subject to a public referendum, as Mubarak said, the last word will be of the people.
But skepticism continues to abound.
The president changed Article 76 before and then re-changed it. What are the guarantees that this will not happen again? said journalist Nabil Omar on a TV interview.
These amendments are set to be the most sweeping since 1980. The final results are slated to appear by April 2007.
