CAIRO: The Supreme Council of the Armed Forces (SCAF) announced Wednesday the constitutional decree consisting of 62 articles, one of which reduces the authorities of the Shoura Council.
“The Shoura Council will not have to approve all laws issued by the elected People’s Assembly (PA) in order to facilitate the PA’s responsibilities,” General Mamdouh Shahin, member of the council and assistant to the Minister of Defense for Legal Affairs, said in a press conference.
Shahin said presidential elections will be held a month or two after September’s parliamentary elections.
“It will depend on how smoothly the parliamentary elections go and how its results are received by the people,” Shahin said.
He added that the PA and Shoura Council elections will be held at the same time in September.
The president’s authorities according to the 1971 constitution, by which he heads the armed forces, the police forces and the judiciary have not been reduced, a main demand of opposition groups and human rights activists.
The 50 percent quota of workers and farmers in the PA also remained as is.
Shahin said that 40 percent of Egypt’s population are illiterate and live under the poverty line. He added that there were many protests calling for the improvement of living conditions, which made changing this article a threat to Egypt’s stability and security.
Article 56 gave the SCAF the same authorities as the president and parliament until a new parliament and president are elected.
These authorities include legislating laws, appointing cabinet members and appointing a specific number of PMs according to the constitution.
Islam remained the religion of the state and the principles of Islamic jurisprudence the principal source of legislation, according to Article 2 of the old constitution.
According to the decree, the constitution guarantees freedom of expression and religion and the sanctity of peoples’ homes.
No citizen will be arrested unless there are official charges against him, added Shahin.
There will also be no restrictions on the freedom of the press except during times of war and when the country is in a state of emergency where there would be “limited restrictions.”
Shahin said the army hasn’t imposed any restrictions on the media since it took control on Feb. 11 after ousted president Hosni Mubarak stepped down, despite being in a state of emergency.
Shahin wouldn’t give any specific details on the process by which this constitutional decree was drafted.
However, he said that a group of constitutional experts from Egypt’s universities helped draft the decree with the approval of different sectors of society.
Professor of constitutional law at Cairo University Raafat Fouda told Daily News Egypt, “This constitutional decree means that the 1971 constitution which was implemented by the former corrupt regime remains, which is against the people’s will.”
The army council however had previously said that the constitutional decree will act as a temporary constitution, replacing the suspended 1971 one until a new constitution is drafted.
Fouda added that the article stating that 50 percent of the PA should be farmers or workers should be cancelled.
“[The former regime] used it to assign their supporters as members of the PA and gain majority without fair elections,” Fouda said.
“There was no need for the army to hold a referendum on constitutional amendments, if they were planning on keeping the 1971 constitution all along,” Fouda said.
Shahin said that the army held the referendum on vital articles that had to be approved by the people.
The constitutional amendments which had been approved by a sweeping yes vote of 77.2 percent on March 19 were included in the constitutional decree.
The Supreme Council of the Armed Forces suspended the constitution on Feb. 13 after it assumed power.
An appointed panel of legal experts drafted the proposed amendments in 10 days. According to the amendments, a president can only rule for a maximum of two four-year terms, according to the proposed amendments.
The president is committed to appointing one or more vice presidents within 60 days of taking office.
The elected members of the new parliament or the president must appoint a 100-member constituent assembly to draft a new constitution within six months of its appointment.
The new constitution would be approved by a referendum within 15 days of its completion.
