Observations on The New Constitution of Egypt
The draft document begins with a very wordy preamble expressing eleven principles. The first is that the people are the source of all equality and equal opportunities are established for all citizens, that democracy is a system of government providing for among other things, the peaceful transfer of power, recognizing that the dignity of the individual and that women must be "appreciated", freedom of opinion, expression and creativity, that equality and equal opportunities are established for all citizens The sixth principle calls for an independent judiciary. Seventh notes the importance of national unity and adds "the rights and freedoms of all citizens shall be protected without discrimination". The eighth principle notes the place of the Armed Forces in not being involved in political affairs and the ninth, the role of the police.
Principle number ten is a statement calling for Arab unity and the need for Egypt to be part of the Muslim world and eleven is an extension of a dedication to Egypt's intellectual and cultural role, again with an emphasis on Islamic institutions including the national church and Al-Azhar University and Islamic Sharia.
The constitution follows in five parts. Notable in Part I[The State and Society] is Article 2, stating that Islam is the religion of the state and Arabic its official language. Principles of Islamic Sharia are the principal source of legislation. Freedom of thought and opinion is guaranteed but by article 44, Insult or abuse of all religious messengers and prophets shall be prohibited. Article 82 says the legislative power shall consist of the House of Representatives and the Shuria Council. Article 85 provides for a 350 member House of Representatives and Article 128 for 150 member Sharia Council
[of which the president shall appoint 15]..
An opinion on this document must recognize that the document is a translation, but that said, the two points of weakness must be these: 1.) As others have pointed out, the draft constitution guarantees equality before the law, but does not explicitly prohibit discrimination on the grounds of gender, sex, religion and origin. 2.) There is no separation of church and state, and therefore the guarantee of rights of women is very much in question regardless of the provisions.
