SALON

Thursday, Nov 29, 2012 2:47 PM UTC

Egypt’s constitution conundrum

Egyptians must either accept a slapdash set of laws written by Islamists, or face Morsi's authoritarian rule

By

Topics: GlobalPost, Egypt, Tahrir Square, Cairo, Mohamed Morsi, ,

Egypt's constitution conundrumEgyptian protesters clash with security forces near Tahrir square, in Cairo, Egypt. (Credit: AP/Khalil Hamra)
This article originally appeared on GlobalPost.

Global Post CAIRO, Egypt — Egypt’s politicians are offering their constituents a near impossible choice: either accept a rushed constitution written by Islamists, or accept the kind of authoritarian government Egyptians have fought hard to defeat.

Since neither choice appeals to a majority of Egyptians, they have instead turned out in large numbers to protest.

Egyptian President Mohamed Morsi says he needs the new, sweeping powers to protect Egypt from an activist judiciary dominated by holdovers from the era of toppled dictator Hosni Mubarak.

Morsi said he would give up these new powers as soon as a new constitution is drafted. So after protests erupted, the Islamist-dominated constituent assembly resolved to diffuse the situation by ramming through an already controversial draft constitution.

“It’s not even an ultimatum, really. You get a constitution that’s quite crappy, and you’re stuck with a president whose decisions you cannot challenge,” said Ziad Akl, a senior political researcher at Al Ahram Center for Political and Strategic Studies. “This has nothing to do with a transition toward democracy, but a lot to do with creating a new autocratic or dictatorial elite.”

The current melee erupted last week when Morsi announced a presidential decree immunizing his edicts from judicial review. It was a bid, some analysts say, to shield the Muslim Brotherhood-led constituent assembly from a Dec. 2 Supreme Constitutional Court hearing on the body’s legality. The Supreme Court is likely to dissolve the assembly outright, threatening the mandate Islamists won during the country’s first-ever free parliamentary elections.

Several top level courts went out on strike in response to Morsi’s decree.

The crisis has pitted the newly-elected Morsi and his Muslim Brotherhood organization against both Egypt’s judiciary and a growing, street-led opposition to his rule.

Three have been killed in clashes across Egypt, and massive demonstrations against Morsi’s decree filled Cairo’s iconic Tahrir Square on Tuesday, with some activists comparing Morsi to Mubarak.

The announcement that the constituent assembly would finish its final draft of the constitution on Wednesday only appeared to deepen the impasse.

Brotherhood assembly members said they would send the document to a committee vote on Thursday, despite threats of mass resignations from liberal and secular representatives still battling the Islamists over articles pertaining to Sharia law.

Opposition activists have little choice now but to mobilize street protests and pressure assembly members to resign, depriving the body of legitimacy, Akl said.

“The draft fails [to protect] the rights of women. Some of the most extremist groups want to eradicate some of the most hard-won rights of women,” Mona Makram Ebeid, a former Member of Parliament, told GlobalPost last month. She resigned from the assembly earlier this year.

Akl said a hurried, Islamist-dominated vote on the constitution means “there is absolutely no spirit of coexistence,” and that the Brotherhood is pushing a dangerous “rule of the majority” that will alienate and sideline minority groups already fearful of Islamist rule.

He says that if dueling demonstrations by pro- and anti-Morsi camps in Tahrir on Friday and Saturday turn violent, it could “change the whole structure of political opportunity, make the state more vulnerable and the revolutionary forces more cohesive.”

Hani Sabra, an analyst at Eurasia Group, a New York-based political risk consultancy, also says violence could fundamentally shift the crisis.

“Egypt’s societal split would sharpen,” he said. “[The Muslim Brotherhood] is no longer an opposition group […] Deaths at the hands of its supporters and the police will probably not cost the group support among its core, but support among the broader public could soften.”

Still, the Brotherhood’s larger fight appears to be with what its members say is a pro-Mubarak judiciary that is already deeply suspicious of the Islamists.

Earlier this year, Egypt’s highest court dissolved both an Islamist-led constitutional committee and the Brotherhood-led parliament, leading some Brotherhood members to charge that the country’s judges are still loyal to Mubarak, and cannot be trusted to rule impartially. Parliamentary elections are expected 60 days after a constitutional referendum. In the meantime, legislative power is vested in the president.

“The problem with the judiciary is with the elder [members]. They were very close to the Mubarak regime,” Gehad Al Haddad, a senior adviser to the Muslim Brotherhood, told GlobalPost. “There was personal assignment of some state resources as gifts to some of the judges — and the judges know that, but they don’t discuss this publicly.”

The rift widened Wednesday when Egypt’s highest appellate court announced an open-ended strike against Morsi’s decree — and members of Egypt’s Judges’ Club told local daily, Al Masry Al Youm, that their own strike had reached “99 percent” of the nation’s courts.

Members of the Supreme Constitutional Court accused Morsi of launching a campaign against prominent judicial figures. In a televised address Wednesday, the court’s deputy chair, Maher Sami, said the court “will not be terrorized by any political pressure.”

The thousands-strong Judges Club had previously threatened to boycott overseeing the referendum on the constitution, after its members said they were marginalized during the drafting process. Without a smooth vote, any new constitution would face a fresh crisis of legitimacy, analysts say.

“Even if the authorities do press ahead with a public referendum on the draft constitution, with thousands of judges on strike it will be difficult to monitor the elections,” Sabra said.

Erin Cunningham

More Erin Cunningham.

You Might Also Like

More Related Stories

Featured Slide Shows

7 motorist-friendly camping sites

close X
  • Share on Twitter
  • Share on Facebook
  • Thumbnails
  • Fullscreen
  • 1 of 9

Sponsored Post

  • White River National Forest via Lower Crystal Lake, Colorado
    For those OK with the mainstream, White River Forest welcomes more than 10 million visitors a year, making it the most-visited recreation forest in the nation. But don’t hate it for being beautiful; it’s got substance, too. The forest boasts 8 wilderness areas, 2,500 miles of trail, 1,900 miles of winding service system roads, and 12 ski resorts (should your snow shredders fit the trunk space). If ice isn’t your thing: take the tire-friendly Flat Tops Trail Scenic Byway — 82 miles connecting the towns of Meeker and Yampa, half of which is unpaved for you road rebels.
    fs.usda.gov/whiteriveryou


    Image credit: Getty

  • Chattahoochee-Oconee National Forest via Noontootla Creek, Georgia
    Boasting 10 wildernesses, 430 miles of trail and 1,367 miles of trout-filled stream, this Georgia forest is hailed as a camper’s paradise. Try driving the Ridge and Valley Scenic Byway, which saw Civil War battles fought. If the tall peaks make your engine tremble, opt for the relatively flat Oconee National Forest, which offers smaller hills and an easy trail to the ghost town of Scull Shoals. Scaredy-cats can opt for John’s Mountain Overlook, which leads to twin waterfalls for the sensitive sightseer in you.
    fs.usda.gov/conf


    Image credit: flickr/chattoconeenf

  • Nordhouse Dunes Wilderness Area via Green Road, Michigan
    The only national forest in Lower Michigan, the Huron-Mainstee spans nearly 1 million acres of public land. Outside the requisite lush habitat for fish and wildlife on display, the Nordhouse Dunes Wilderness Area is among the biggest hooks for visitors: offering beach camping with shores pounded by big, cerulean surf. Splash in some rum and you just might think you were in the Caribbean.
    fs.usda.gov/hmnf


    Image credit: umich.edu

  • Canaan Mountain via Backcountry Canaan Loop Road, West Virginia
    A favorite hailed by outdoorsman and author Johnny Molloy as some of the best high-country car camping sites anywhere in the country, you don’t have to go far to get away. Travel 20 miles west of Dolly Sods (among the busiest in the East) to find the Canaan Backcountry (for more quiet and peace). Those willing to leave the car for a bit and foot it would be remiss to neglect day-hiking the White Rim Rocks, Table Rock Overlook, or the rim at Blackwater River Gorge.
    fs.usda.gov/mnf


    Image credit: Getty

  • Mt. Rogers NRA via Hurricane Creek Road, North Carolina
    Most know it as the highest country they’ll see from North Carolina to New Hampshire. What they may not know? Car campers can get the same grand experience for less hassle. Drop the 50-pound backpacks and take the highway to the high country by stopping anywhere on the twisting (hence the name) Hurricane Road for access to a 15-mile loop that boasts the best of the grassy balds. It’s the road less travelled, and the high one, at that.
    fs.usda.gov/gwj


    Image credit: wikipedia.org

  • Long Key State Park via the Overseas Highway, Florida
    Hiking can get old; sometimes you’d rather paddle. For a weekend getaway of the coastal variety and quieter version of the Florida Keys that’s no less luxe, stick your head in the sand (and ocean, if snorkeling’s your thing) at any of Long Key’s 60 sites. Canoes and kayaks are aplenty, as are the hot showers and electric power source amenities. Think of it as the getaway from the typical getaway.
    floridastateparks.org/longkey/default.cfm


    Image credit: floridastateparks.org

  • Grand Canyon National Park via Crazy Jug Point, Arizona
    You didn’t think we’d neglect one of the world’s most famous national parks, did you? Nor would we dare lead you astray with one of the busiest parts of the park. With the Colorado River still within view of this cliff-edge site, Crazy Jug is a carside camper’s refuge from the troops of tourists. Find easy access to the Bill Hall Trail less than a mile from camp, and descend to get a peek at the volcanic Mt. Trumbull. (Fear not: It’s about as active as your typical lazy Sunday in front of the tube, if not more peaceful.)
    fs.usda.gov/kaibab


    Image credit: flickr/Irish Typepad

  • As the go-to (weekend) getaway car for fiscally conscious field trips with friends, the 2013 MINI Convertible is your campground racer of choice, allowing you and up to three of your co-pilots to take in all the beauty of nature high and low. And with a fuel efficiency that won’t leave you in the latter, you won’t have to worry about being left stranded (or awkwardly asking to go halfsies on gas expenses).


    Image credit: miniusa.com

  • Recent Slide Shows

  • Share on Twitter
  • Share on Facebook
  • Thumbnails
  • Fullscreen
  • 1 of 9

Related Videos

Comments

 0 Comments

Comment Preview

Your name will appear as username ( settings | log out )

You may use these HTML tags and attributes: <a href=""> <b> <em> <strong> <i> <blockquote>

Salon is proud to feature content from GlobalPost, an awarding-winning international news site that focuses on original reporting from journalists stationed around the world. GlobalPost combines traditional journalistic values with the power of new media to offer a fresh perspective on global developments.

follow salon

Most Read

Popular on Reddit

links from salon.com

vote
Let's Stop Screwing Around and Impeach James Clapper: After lying to Congress about all the different ways the NSA's spying on us, Director of National Intelligence James Clapper lies about how he lied. Call the White House at 202 456-1111 and Tell Obama to Get Rid of Clapper
95 points96 points | 4 comments
vote
Machiavelli doesn’t belong to the 1 percent | "The Prince" is oft-quoted on Wall Street, but its author was a hero of the working class who despised elites
67 points68 points | 15 comments
vote
We must hate our children
62 points63 points | 11 comments
vote
Machiavelli doesn’t belong to the 1 percent | "The Prince" is oft-quoted on Wall Street, but its author was a hero of the working class who despised elites
53 points54 points | 16 comments
vote
Let's Stop Screwing Around and Impeach James Clapper: After lying to Congress about all the different ways the NSA's spying on us, Director of National Intelligence James Clapper lies about how he lied. Call the White House at 202 456-1111 and Tell Obama to Get Rid of Clapper
47 points48 points | 6 comments

From Around the Web

Presented by Scribol
listener_new_rect The Listener: "The Joker": Laughing at life's deepest sorrows