Daily Times

On December 26, 2012, President Mohamed Morsi of Egypt signed into law the new constitution of his country. The primary law of Egypt was approved by the Constituent Assembly in November 2012 and was passed in a referendum a month later. After the adoption of the new constitution, the provisional constitution of 2011 was rendered null and void. President Morsi hailed the fresh constitution as the dawn of a new era in Egypt. The opposition, on the other hand, declared that it would fight the statute, which it deems would pave the way for a dictatorship of the majority.

President Morsi had granted himself sweeping powers through a decree in November. The move provoked instant opposition and nationwide protests. Mr Morsi had to rescind the decree in the face of mounting dissent. However, he pushed through the referendum, which the opposition wanted postponed.

The western media has described the new Egyptian constitution as highly controversial. However, the said constitution does have some positive features that should not be entirely ignored. In fact, compared to the other Arab Spring countries, this most populous Arab nation has at least taken the first baby step towards real democratisation after decades of dictatorial rule. Revolutions, after all, cannot and should not be expected to immediately transform societies and prevailing mindsets.

The new constitution of the Arab Republic of Egypt was passed with 64 percent support. Out of the total electorate, 33 percent chose to participate in the referendum held around mid-December last year. The low turnout of voters was very disheartening keeping in view the huge number of protestors who had turned out at Tahrir Square against the autocratic rule of Hosni Mubarak. The government did not allow ample time for voters to examine the draft constitution, while the opposition only chanted rejectionist rhetoric rather than mobilising its voters. Consequently, both are to be equally blamed for the lack of public participation in the polling process.

First and foremost, the new constitution has done away with the impregnable presidency. There is no room in the constitution for the likes of Mubarak, Sadat or Nasser. Article 226 practically eliminates lifetime presidency. The president can be re-elected only once.

The new law does fail to restrict military trial of civilians; however, it explicitly prohibits torture, inhumane treatment and arbitrary detentions. It has also annulled the previous laws and decrees (including the Morsi decree that had sparked opposition protests). Elected members of the two chambers are required to declare their assets as well as their source(s) of income. This law will also apply to the president as well as all ministers in the government.

Article 14 obligates the state to strive towards social justice and equitable distribution. It is the first time that specific attention is given to wages, linking them with production and committing to a minimum wage that will help in minimising income disparities. It is also very interesting to note that the maximum wage limit in the civil service has also been committed to.

Agriculture is an essential sector of the Egyptian economy; Articles 15 and 16 of the constitution shield farmers from exploitation and commit to raising their living standards.

The new constitution ensures freedom of religion to the believers of Islam, Christianity and Judaism, including the right to establish places of worship. The constitution also ensures equal rights to every citizen and prohibits discrimination based on gender, religion or any other specific trait. Moreover, it explicitly states the commitment to establish equality between men and women in every walk of life. Women are guaranteed health, socio-economic care and the right to inheritance.

The western media is correct in its assumption that the new Egyptian constitution has a high religious tone. However, it is perfectly understandable in a region where just about everyone — including Muslims, Christians and Jews — take their faith very seriously.

Addressing the nation after the adoption of the new constitution, President Morsi said that Egyptians must put aside their differences and work together to bring stability to the country. The president emphasised that the new constitution had been chosen by the people of Egypt in a free and fair referendum and not imposed upon them by a king or a dictator. This may have been in response to the opposition’s claims that the Muslim Brotherhood, to which Mr Morsi belongs, had drafted the resolution unilaterally.

Having settled the matter of the constitution — at least for now — President Morsi needs to shift his attention towards the economy, which is in dire straits. In his address, he vowed to initiate economic policies that would increase growth. However, ordinary Egyptians are still cynical and refuse to believe their embattled president until they are able to experience the benefits of economic growth in their daily lives.

Democracy does not come with an instant formula. It is a slow, and sometimes painful political process that can bridge most divides. The new Egyptian constitution may not be a perfect document, but it is not the final one either. There is room for deliberations, discussions and amendments. For the past two years, Egypt is going through a period of major transformations, but it is a land of rich culture and a custodian of history that spans over millennia. For such a great nation, two years are, at best, inconsequential. Time is on Egypt’s side.

The writer is an investment banker and a freelance columnist for various publications. He can be reached at syedatifshamim@hotmail.com