http://www.reuters.com/article/slideshow/idUSBRE8AM0DO20121128#a=1 |
Egypt's
revolution has been tested and challenged since the first day of its
"success". A heavy price in blood, turmoil and economic decline
continued to be paid until the first civilian-president-elect Mohamed Morsi
ousted the military from power. Civilian assumption of the government has been
a chief revolutionary demand. Thus little criticism could be heard when the
president dismissed the chief of the then ruling military council general
Tantawi and some other chef military generals.
After this
historical breakthrough, Egypt continued on a shaky path towards enacting a new
constitution and forming new republican and democratic institutions. In part
this was due to anti-revolutionary forces and their continued fight against
change. Not all the blame falls on the partisans of Mubarak's deposed regime
though. After historical free elections, the parliament was dissolved by court
rulings. The constitutional assembly (responsible for drafting the
constitution) kept being under the same threat as well. This insecurity,
coupled with growing political divide weakened the democratic transition
process.
http://www.reuters.com/article/slideshow/idUSBRE8AM0DO20121128#a=11 |
Under these
severe conditions, Morsi issued his most controversial constitutional decree to
date. The document is titled “concerning the protection of the revolution”[1].
It provides that Trials for crimes against the protesters of Tahrir square are
to be repeated under a new chief Attorney general[2].
The former prosecutor, which was appointed by Mubarak, is blamed for providing
only weak evidence against key figures in the political and security apparatus
of the old regime. The inefficiency of evidence has led to alleviated rulings
and to wide disdain from revolutionary fractions and forces.
But the
constitutional decree raised far more controversy because of its clauses that
grants presidential decrees, the legislative branch and the constitutional
assembly immunity against dissolution threats[3].
The courts will no longer be able to rule on dissolving any of these elected
entities. This opens the door for an interesting possibility: For the already
dismantled legislature can possibly be reinstituted. Another effect is that the
decision relieves the constitutional assembly from the constant threats it is
facing by courts that are reviewing cases that argue its unconstitutionality.
Both the
legislature and the assembly are direct products of the first free and
internationally approved elections in Egypt’s history. Moreover, both reflect
the confortable majorities that Islamists, both the Justice and development
party and the Nour party, enjoyed in these elections. Many political and
religious players have withdrawn from the constitutional assembly judging it
was “dominated by Islamists”[4].
Many religious and political groups have objected to its composition and walked
out of the committee short of the completion of the constitution’s draft. Along
with former contenders that lost the presidential race to Morsi, they lead the
wave of protest against the decrees enacted by the president.
The unrest
continues to rage and has claimed at least 2 lives so far and violence is not
yet contained. The opposition claims that the president-elect has assumed
dictatorial powers by making his decisions immune to the courts checks. Morsi’s
adversaries have contained their rivalries in the hopes of compelling the
president to withdraw. It is notable that Chafik[5],
a former Mubarak prime minister, has joined the quire and affirms that “the
will of the people” will not be defeated. The polarization is acute in the
street. The decision by Islamist parties to delay support demonstration have
eased some fears. Only to be replaced by angst regarding their announced
Saturday protests where they will be in direct contact with the opposition sit
inners in Tahrir square.
Throughout
my writing of the above words, events kept pounding and evolving. The president
has reinforced the temporary and limited nature of his decree. More importantly
he has affirmed that he will not back away from protecting “legal and elected
entities”. The president of the constitutional committee (assembly) has
affirmed that Thursday will be a “historical moment” and that the draft of the constitution
will be complete[6]!
Fundamentally,
the real battle is still between the revolution, the change it entitles, and
the reactionary forces of the Mubarak dictatorship era. Many of the fractions that participated in the
revolution are lured by the reactionaries into believing that the decree and
Islamists are a common enemy worth compromising for. This explains the
astonishing alignment of radical adversaries behind the banner of opposition
and protest of the decrees. This “tactical” alliance between some revolutionary
fractions and reactionary pro-Mubarak ones might be interpreted as good willing
but a rushed gesture. Nevertheless, to allow for the reactionaries to regain
credibility and attempt to topple the revolution as a whole is not a tactical
mistake but it is a strategic one.
The
democratic transition faces serious risks in case the elected constitutional
entities continue to be challenged and prevented from completing constitutional
tasks. The state of insecurity and instability threatens a reversion to
dictatorship that many global powers and the Mubarak regime remnants are ready
to invest in.
Given the
current conditions, the constitutional decrees of the first democratically
elected president of Egypt should be supported. Meanwhile a close eye should be
kept at the speed at which the constitution and the legislature are formed and
their powers restored.
[1] Integral text concerning the
re-trial in case of newly found evidence for Mubarak era revolution crimes https://www.facebook.com/media/set/?set=a.435663766489546.104259.377633175625939&type=3
[2] The decree appointing the new
attorney general (prosecutor) from the official page of president elect
Morsi_Arabic_https://www.facebook.com/photo.php?fbid=435562126499710&set=a.435562056499717.104244.377633175625939&type=3&src=https%3A%2F%2Fsphotos-b.xx.fbcdn.net%2Fhphotos-ash3%2F556688_435562126499710_888181902_n.png&size=680%2C960
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