Cairo — SCAF's declarations granting itself sweeping legislative and constitutional powers have been met with outrage.
Political and legal drama in Egypt has escalated in the past week as the military dealt a number of blows to the democratic process in the form of court decisions and constitutional amendments.
The latest and most blatant of these is the Constitutional Declaration, issued on June 17, which grants the ruling Supreme Council of Armed Forces (SCAF) legislative powers as well as greater control over the constitution-drafting process. Lawyers and activists were left to grapple with the legality and implications of what many now describe as a coup d'état.
The first moves
The military made its first move on June 13 by issuing Decree No. 4991, which grants the military power to arrest civilians for an extensive list of crimes, including acts disrupting traffic and public protest. A coalition of human rights groups and activists described it as "a legal shield for army intervention in the daily life of Egyptians".
The second move came on June 14, two days before the final round of the presidential elections, as the Supreme Constitutional Court announced its verdict on two major decisions. The first concerned the Political Isolation Law whose goal is to deny political rights to persons associated with Mubarak's former regime. The court declared the law unconstitutional, allowing Ahmed Shafiq, who was Hosni Mubarak's interim Prime Minister in 2011, to run in the final round of the elections. As a candidate supported by SCAF, the political ramifications of the decision were inescapable.
The second decision claimed the parliamentary elections for the Lower House last year had been unconstitutional as party members had been allowed to contest the one third of seats reserved for independent candidates. This thus called for parliament to be dissolved until fresh elections.
Is there a parliament?
Debate is still ongoing on whether or not there is now a functioning parliament. The Constitutional Court judgment declared that one third of parliamentarians were illegal, but doubt remains as to whether this requires the complete or partial dissolution of parliament.
The Muslim Brotherhood was eager to contest this decision as their Freedom and Justice Party have a strong majority within the current parliament. In a statement on June 18, they highlight that: "(m)embers of parliament were elected by 30 million voters, in ... free and fair elections based on that law ... at a cost of 2 billion Egyptian pounds." They also claim that a referendum is required to dissolve parliament, as was the case when parliament was dissolved in 1971 and 1990.
Whatever the legal disputes, in practical terms, SCAF have claimed full legislative power until a new parliament is re-elected, a process which they will also now largely control.
Consolidating power
The dissolution of parliament has had the knock-on effect of threatening the already fraught constitutional drafting process. The Constituent Assembly - tasked with writing the new constitution - was elected and disbanded already earlier this year and the new assembly had been approved by parliament just the day before the Constitutional Court judgement.
SCAF has provided this new assembly one week to reach agreement. Louisa Lovelock, from UK-based think tank Chatham House, told Think Africa Press that this requires some deeply divided political and social groups to unite in a very short space of time. If this ultimatum for an agreement is not met, SCAF threatens to take control of selecting the assembly to draft the new constitution. And even if the assembly manages to reach a consensus, the new Constitutional Declaration assures SCAF considerable control over the final constitution.
The declaration unashamedly confers broad powers including supervision and intervention in drafting the constitution and full legislative power until a new parliament is elected. Sohair Riad at the Cairo Institute of Human Rights, comments that this declaration marks a "military coup completed".
Previous debate concerning the Constituent Assembly focused on the capacity of elected members to represent the full spectrum of Egyptian society. These were the debates of a new democracy. Now focus is on how to resist complete military control of the drafting process.
Voting continues
Throughout this legal drama, the presidential elections continued. The Muslim Brotherhood's Mohammed Mursi claims to have won, although Shafiq's camp insists the result is too close to call yet - official results are due tomorrow.
However, in a context where there may be no parliament and no constitution in place, the result may well be of decreasing importance. As Riad notes, whoever wins the election may have little real authority.
Abel Ramadan, Lawyer at the Egyptian Initiative for Personal Rights Lawyer, however, disagrees with this assessment and says that victory for Mursi could offer "a strong weapon if used smartly and wisely". Ramadan thinks victory for the Muslim Brotherhood could provoke a change in power structure which would render the Constitutional Declaration a lesser obstacle.
Activists fighting back
Egypt's activists are also not yet defeated. Karim Abdelrady, a lawyer for the Arab Network for Human Rights Information, told Think Africa Press: "we will use political pressure to force SCAF to take back these steps."
Activists are maintaining popular mobilisation in the form of protest and thousands gathered this week in Cairo's Tahrir Square to protest against the Constitutional Declaration. Others are seeking to challenge the military's actions through the courts. Lawyer Ali Dergham filed a case against the military council's leader Field Marshal Hussein Tantawi to "cancel the Constitutional Declaration and consider it null and void". Another court case has been brought to challenge the legality of Decree No. 4991.
This week's events suggest that Egypt's new democracy has not quite shaken off its old regime habits. Lovelock notes that "each case is ambiguous, but it is not the individual decisions, but the body of decisions which points towards an ideological trend". This trend suggests a clear shape of military power, which the procedures of court rulings and Constitutional Declarations only thinly veil.
Catriona Knapman is a researcher and writer focusing on human rights and socioeconomic issues. Her professional experience spans a number of international organisations and continents. She is currently based in Cairo. She also blogs at Writing on Rights.
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I DO, NOT SEETHE PEOPLE OF EGYPT ALLOWING THIER HARD FOUGHT AND WON REVOLUTION TO BE HIJACKED BY THE SAME MERCENARY DESPOTS WHO RAN THE GOVERNMENT WITH THE LAT MUBARAK. THESE PEOPLE ARE ONLY INTERESTED INHEIR WEALTH AN POWER THEY HAVE RETAINED OVER THE PAST 60 YEARS. THEY DO NOT SHARE THE SAME ASPIRATIONS AS THE PEOPLE AT LARGE. THE PEOPLE TRULY NEED TO STTAND TRUE TO THIER SELECTION OFR THE ASSEMBLIES. FIRTS AND FOREMOST THE PEOPLE CHOSE THESE LEGISLATURES BECAUSE THEY FELT THAT ELECTING HONEST MAN THEY WOULD ACHIEVE A MUCH MORER CONSCIOUS PARLIAMENT WHO WOULD NTO BE SO EASILY BRIBED WITH VENAL MINDS. CORRUPTION IS ALWAYS THE DEVASTATION OF A NATION. THERE IS NO WHERE IN HISTORY WHERE CORRUPTION HSN'T DESOLATED ECONOMIES AND LEFT NATIONS IN TRUMOIL. WHAT WE SE IN THE WEST IS THE SAME GREED AND CORRUPTION THAT IS EATING AT THE VERY FABRIC OF THEIR NOT SO TRUE DEMOCRACIES. THEY MAINMTAINTHIS STARNGLE HOLD OVER OTHER NATIONS BECAUSE THEY ALLOW CERTAIN PEOPLE TO CLIMB THIER SOCILA LADDRS WHILE SYSTEMATICALY TERRORISING ANOTHER SET OF THIER OWN COMMUNITIES. THIER RACE AHET BIAS SEGERGATION ACTIVITIES HAS LEFT APOLARISED AND DISENFRANCHISED MAJOURITY. EGYPT HAS COME TO RECOGNISE THE HYPOCRISY OF THE WEST AND SEEKS TO GO ONE BEETR ALIENATING ANY FORMS OF RELIGIOUS STHNIC OR GENDER BIASES. WHAT THECOUNTRTY ACHIEVED UNIFORMED WITH THE NATION GUIDED BY THESE PRINCIPLES HAS BEEN SL;OWLY KNAWED AT BY THE ATRMED GANG OFD CRIMINALS WHO WISHES TO RESTORE THE STATUS QUO. THEY HAVE USED THIER MEDIA PROPOGANDA MACHINE SEPERATING TEJ PEOPLE WITH TALKS OF RELIGION AND DIVBISVE TACTICS PREVIOUSLY EMPLOYED BYT HIER COLONISALIST ENFORCERSAND DICTATORS. EGYPT NEEDS TO STAY THE COURSE FOCUSED AND NOT FALL PREY TOP ANY OUTSIDE DISTRACTIONS OF THE ARAB WORLD THE ARAB SPRING ETC. I WARNED THE PEOPLE PRIOR TO THE INVOLVEMENT OF THE WST PARTICUALARLY THE US WITH THIER CIA DISTRACTORS, THESE PEOPLE HAVE BEEN IN AFRICA FOR CENTURIES THEY HAVE ESTABLISHED THEIR POWER ELIOTE WITH SAUDI ARABIA QATAR ISRAEL AND THE OTHER SMALLER LITTLE NATIONS WHOM THEY WISH TO CALLL KINGDOMS. THERSE WER NO OTHER THAN SOME SHEIKS IF THAT WHOM THEY THE WEST HAVE ELEVATED WITH THESE TITLES. TODAY TITLES ARE UNACCEPTABLE THEY ARE ONLY RTELEVANT TO THE "ONE ALL MIGHTY GOD" " THE SEER KNOWER OF ALL ""WE AREW NOT TO BE SEDUCED BY THESE INFRACTIONS OF PARTIALIOTY ARCISM ETHNICITIES AS IS CONSTNTLY BEING POTRAYED INMEDUA MESSAGES. LLET US SURVEY HISTORY CHRIST CAME TO PEACE BE UPON HIM TO RESTORE THE BALANCE OF ISRAEL BUT WHAT HE SAW CONVINCED HIM THAT HUMANITYNEEDS TO BE THE WAY ONWARD SIGHTING THAT THERE IS ONLY ONE "GOD HE IS ABLE TO SET ALL MAN FREE" HE ALSO ENLIGHTENED THE PEOPLE THAT "OUR LORD" HAS OFFERED TO ALL THE WORLD THAT "WHO SOEVER BELIEVETH IN ME (ALL MIGHTY ALLAH" SHALL HAVE ETERNAL LIFE" THIS GERAT GIFT WAS THE SAME MESSAGE THAT THE PROPHET MUHAMAD GAVE TO THE WORLD PEACE BEUPON HIM. WHAT WE NEED TO RECOGNISE THAT THERE IS "ONLY THE ONE GOD" THERE IS NO ARAB GOD OR CHRISTIAN GOD. THEY TRY TO CONFUSE MANY INTO THINKING THAT THIS IN FACT SO. WHEN WE LOOK AT THE STAGGERIONG AMMOUNTS OF PEOPLE AROUND THE WORLD WHOM HAS RECIVED THE MESSAGE OF MONOTHEISM WE MUST ALSO SEE THAT IT IS NOT JUST AN ARBIC THING. THE ORIGINAL ARBS HAVE LONG BECOME A MINORITY IN SAYING THE ADVENT OF ISLAM ; SO WHAT WE ARE TO REALISE IS THAT THIS SI NTO AN ARB SPRINGTHIS IS A UNIVERSAL SPRING TO DENY ALL DICTATORS AND OPPRESSORS THE RIGHT OF WAY. WHAT EVR THEY DO IS COMPACTED WITH EVIL AND WICKEWDNESS THEY ARE NEVER EVER FAIR AND IMPARTIAL THERE WAY TO SUCCESS IS BASED ON THE DICTATE THAT WAR AND VIOLENCE IS THE ONLY WAY. THE WEST HAS FOR CENTURIES BECAUSE THEY ARE A MINORITY ON THE PLANET AND THIER LUST AND COVET FOR POWER AND GLORY THEY EMULATED ALL THE GREAT BLAK AFRICAN EMPIRES OF THE PAST AND EVEN SEEKED TO ASSUME THIER ATTRIBUTES THEY HAVE TRANSFORMED THEMSELVES UPON THE WORLD AS THIS LEGAL MORAL AUTHORITY WHO SHOULD BE WORLD LEADER AND THEIR VISION IS BASED ON WIZENESS. THIS IS AFALACY WROGHT WITH LIES DECEPTION DENIALS MISINFORMATIOON MIS DIRECTIONMIS CALCULATION THEY ARE ALL MISSED UP)!!!!. WE MSUT MAINTAIN THE VEHICLE OF CHANGE THAT HAS BEEN OPEN TRANSPARNT SECULAR IMPARTIAL THESE ARE WHATAVE AMDE THE EGYPTIAN REVOLUTION SO SUCCESS FUL. THERE WILL BE NO COLLAPSE IF THE PEOPLE MAINTAIN THIER TRUE WILL WHICH WAS ENFORCED BY THE WILL OF "THE MOST HIGH" THERE IS NO FORCE OR POWER GREATER THAN HIS. WE MUST NTO NOW DOUBT OR FALL VICTIME TO THESE LIARS AND HYPOCRITS. THE MILITARY WANSWT TO BE ENSLAVERS LIKE THGIER MASTERS THEY ARE INDEED SLAVES TO THESE INHUMANE PEOPLE. THE MILITARY WANST TO ENSLAVE THE PEOPLE SO THEY CAN BENIFIT FROM THIER CORRUP AGREEMENTS THAT ALLWO FOR THE OPPRESSION OF ANOTHER SET OF PEOPLE . CHRIST MUHAMAD PREACHED AGAINST ALL OPPRESSION ALL CORRUPTION ALL REPRESSION, ALL MANM ARE EQUAL AS THE "LORD " AND PNLY "HE " HAS DIVINE RIGHST OVER ALL AMNKIND."THE EARTH IS THE LORDS AND THE FULNESS HERE OF AND ALL THEY THEAT DWELL THEREIN" THIS IS CLEAR THE WE LIVE IN A WORLD THAT BELONGS TO "OUR CREATOR" WE ARE PART OF HIS CREATION HE SEEKS TO IDENTIFY ONLY WITH THOSE WHO RECOGNISE HIS POWERS AND THOSE WHOM ARE OBEDDIENT AND ARE IDENTIFAIBLE OF THOSE WHOM HAVE CHOSEN THE STRAIGHT PATH. WE DO NEED TO HAVE UTRA ORTHODX WAYS TO BE ON THE STRAIHT PATH. "OUR LORD" EXOECTS US TO EB ASSURED OF HIS LOVE FOR US AND FOR US TOREMAIN TRUTHFUL TO HIS WAYS. WE DO NOT HAVE TO GO OVER BOARD THOSE WHO FEEL THEY NEED TO THAT ITS OK THE LORD WILL NTO MAKE FOR ANYGREATER OR LESSER LOVE. WEW MUST NOT PRETEND THAT WE CAN DICTAE THE WAYS OF HUMANITY WEHAVE MANY GUIDELINES AND SOEM ARE NTO NECESARRY AS WE HAVE EVOLVED TO A MUCH MORE WIZE AND INTE;LECTUAL TIME. WE MUST KNOW THAT WHEN SOME OF ORU LAWS WER PREVALNT THEY WERE FOR THOSE WHO HAVE BEEN ISOLATED FORM THE HOLY LAND WHICH IS ALL AFRICA WHEE THE PEOPEL WERE THE BENIFICIARIES OF THESE IDEOLOGIES FOR MILLIONS OF YEARS. THIS IS WHY I SAY TO YOU AFRICA IS THE OLDET OF CONTINENTS THE WISDOMS OF GREAT TEACHERTS HAS BEEN OUR LAGACY SINCE CREATION WE HAVE THOUSNDS OF THOUSANDS OF YEARS OF HSITYORY SO MUCH SO< THAT MANY HAS BEEN LOST TO ALL TIME. YET THEY ARE NTO LOST THE CONTIENET HAS DISPLAYED ITS COMMITMENT TO "OURLORD" EVEN WHEN THE INVADERSHAS COME ITNO THE CONTIENENT NAD HAVE TRIED TO RESELL TO US ORU INMHERRITANCE. WE HAVE SHARED WITH THE WORLD WHAT WAS OURS ,S WE SAW THAT CHRIST WAS GIVER A SELFLEWSS PERSON HE WAS SO DEVOTED TO THE DIEA FO ALLAH ". THTA IN SOEM DOCTRINES IT IS WRITTEN IN THE GOSPELS THAT HE GAVE HIS LIFE FOR THE BELIEF OF "THE ONE GOD". WE MUST SEEK TO RECOGNISE THAT AS AMARTYR WE SHOUDL LOVE OUR LORD AND SEEK FOR HIS BETTER JUDGMENT THIS DOES NOT MEAN THAT WE SHOULD SEEK TO TAKE INNOCENT BLOOD OR CLAIM TO KNOW WHAT IS IN THE "ALL MIGHTY GOD'S" HEART. WE ARE BUT MAN FLESH AN BONE THERE IS NONE GREATER THAN "HE"WE MUST SEEK TO EMULATE "OUR LORD" IN ALL HIS ATTRIBUTES AS MUCH AND AS CLEARLY AS POSSIBLE WE DO NOT RESPECT THE WYS OF THE INIQUITY WORKER THE ABOMINABLE THE ONES WHO SEEK TO DIVERT THE WORLD FROM A TRUILY CLEAR PATH. THESE ARE THEY WHO CORRUPT ALL THE TEACHINGS ADDING AND TAKING AWAY AS THEY SEE FITY. THIS IS WHY "OUR LORD" HAS KEP IT VERY STARIGHT FORWARD "WHOM SO EVER BELIEVETH IN ME SHALL NOT DIE BUT HAVE EBERLIVING LIFE" HOW GRET IS THAT WHO LESE ON OUR PLANET IN THIS WORLD CAN MAKLE SUCH A CLAIM?? NO ONE!!! NO ONE AT ALL!! THIS SI WHY WE GAVE US A CODE OF CONDUCT SO THAT IT WOULD BE REATINED NEVER TO BE FORGOTTEN AND ONCE WE SEE THE LIHT WE ARE THEN CONSUMED WITH THE AURO OF HIS GREAT PRESSENCE THAT BECOEMS PART OF OUR VERY LIVES" OUR SINS "HE" HAS WASHED AWAY, WE MUST BELIVE IN THE PATH OF TRUTH OR WE WILL BE CONSUMED BY CORRUPTION ILLITERACY PARTIALITY BIAS AND SELECTIVE OF THOSE OF WHOM CLAIM POWER CONSUMING ALL THE RICHES"