Post by peterd on Dec 7, 2012 12:22:51 GMT -8
Egypt Under Muslim Brotherhood Rule: The Constitutional Declaration – Dictatorship In The Name Of The Revolution
Introduction
Less than two years after the ouster of Egyptian president Hosni Mubarak, calls of "the people want to topple the regime" are again heard in Cairo's Tahrir Square. This time around, tens of thousands of protestors are demanding the removal of the regime of President Muhammad Mursi, the Muslim Brotherhood (MB) figure who took power only five months ago.
Criticism of Mursi in Egyptian society, which has been evident for months, focuses on the claim that he has not kept his promises before and immediately following his election. One promise was to improve the lives of Egyptians by instituting significant improvements in the domains of security, transportation, food, fuel, and sanitation in his first 100 days in office, raising expectations that were subsequently dashed. Egyptians counted down the days, but the anticipated changes did not materialize. Furthermore, Mursi promised to act as president of all Egyptians, not only of the MB and its supporters. Instead, according to his critics, he is repressing the country's citizens and has taken numerous powers for himself – reminiscent of the Mubarak era. Moreover, they claim he is promoting the "Muslim Brotherhoodization" of the country, which is to say turning Egypt into a state in which all centers of power are held by the MB, which uses them to instill its views – for example, by changing school curricula in order to indoctrinate pupils with MB ideology.
This criticism erupted into mass protests in the latter half of November 2012, as Mursi was engaged in mediating between Israel and Hamas during Operation Pillar of Defense. The protests gained momentum following his announcement, coming immediately after the signing of the ceasefire that he brokered, of resolutions giving him more extensive powers than ever. These resolutions, which came in the form of a constitutional declaration he issued on November 22, 2012, stripped the Egyptian judicial system of the power to appeal his decisions, thus giving constitutional validity to his status as ultimate arbiter in the country – far exceeding his powers as head of the executive authority.
In the two weeks since the release of the constitutional declaration, Mursi has even sped up the process of approval of the draft of the new Egyptian constitution, and, following marathon sessions of the Constituent Assembly, he declared on December 1, 2012, that there would be a referendum in two weeks, on December 15. In this way, Mursi made it impossible for the judiciary to deal with lawsuits calling for disbanding the Shura Council and the Constituent Assembly. These moves sparked broad public criticism, which led to a raging public debate in the country on the issue of the draft constitution. Large demonstrations, some of them violent, are currently taking place across the country on a daily basis, both in protest against, and in support of, Mursi's moves.
It is apparent that the legitimacy and support that Mursi has received from the international community, particularly the U.S., for his foreign policy has led him to feel immune to Western criticism, which emboldened him to make such a far-reaching move at home. But domestically, this move went too far, and led to protests. The public has refused to stand idly by as Mursi has taken steps aimed at neutralizing the centers of power in the country that could possibly undermine his authority, and at concentrating executive, legislative, and judicial powers in the hands of the president.
1. Taking over the media: Mursi's first move was to take over the Fourth Estate and the "watchdog of democracy" by replacing the communications minister with an MB member; replacing the editors of the state newspapers and the heads of their boards of directors; banning newspapers that criticized him; and taking legal measures against newspapers that published "false reports" against him and the MB.
2. Neutralizing the SCAF: Next, Mursi took over the authorities of the Supreme Council of the Armed Forces (SCAF), until then the main center of power in post-revolutionary Egypt, by removing, in August 2012, the military leaders, starting with SCAF chairman Muhammad Hussein Tantawi and military chief of staff Sami 'Anan, and moving on to the chiefs of the air, land, and naval forces, the military intelligence and military police, and the presidential guard. Concurrently, in August 2012, Mursi revoked the supplementary constitutional declaration issued by the SCAF upon its establishment, and issued a constitutional declaration in which he stripped the SCAF of its authority to take decisions in the military and security domains.
3. Taking over legislative powers: In his constitutional declaration of August 2012, Mursi also took over all legislative authorities until the date of the ratification of a new constitution – since the People's Council, in charge of legislation, had been disbanded in June 2012 by order of the Supreme Constitutional Court.
4. Taking over judiciary powers: For months, Mursi has been challenging the judiciary, a major center of power in Egypt that zealously defends its independence. First, in June 2012, he revoked the ruling of the Supreme Constitutional Court regarding the disbanding of the People's Council; however, he backed down after the move was criticized. Following that, he fired the prosecutor-general, but then reinstated him.
In the past two weeks, the regime and the judiciary collided head-on when, on November 22, 2012, Mursi issued a new constitutional declaration significantly expanding his powers, and ruled that no element in the country, including the courts, had the power to appeal his decisions. He again removed the prosecutor general, this time appointing a new one; he ordered the renewal of investigations and trials of members of the previous regime responsible for the deaths of protestors; and he stripped the constitutional court of its right to order the disbanding of the Shura Council, the upper house of parliament which has an MB majority.[1]
5. Bulletproofing the MB's status as drafter of the new constitution: With his new constitutional declaration, Mursi gave the Constituent Assembly a two-month extension so that it could work through internal disputes and finish its task. Additionally, Mursi removed the Supreme Constitutional Court's power to disband the assembly, as the date by which the court was to have ruled on cases filed by liberal-secular elements to disband the assembly loomed near. The cases argued that the assembly was not representative of the population because most of its members are from the Islamic factions, and the majority of these are MB members. A short time after the new constitutional declaration, the committee completed its preparation of the constitution, and a date for the referendum on it was quickly set – a move perceived by many as proof of the MB's attempt to hijack the constitution.
Previous MEMRI reports have focused on Mursi's moves since he took office, his takeover of the media, his neutralization of the SCAF, and his takeover of legislative powers.[2] This report will focus on Mursi's most recent move, in which he has concentrated powers in his hands and removed them from the judiciary, as well as on other moves by which he has firmly been establishing the power of MB members in the regime –all this against the backdrop of disappointment and frustration in the Egyptian street over his actions and the general sense that the goals of the revolution have not materialized.[3]
www.memri.org/report/en/0/0/0/0/0/0/6862.htm
Introduction
Less than two years after the ouster of Egyptian president Hosni Mubarak, calls of "the people want to topple the regime" are again heard in Cairo's Tahrir Square. This time around, tens of thousands of protestors are demanding the removal of the regime of President Muhammad Mursi, the Muslim Brotherhood (MB) figure who took power only five months ago.
Criticism of Mursi in Egyptian society, which has been evident for months, focuses on the claim that he has not kept his promises before and immediately following his election. One promise was to improve the lives of Egyptians by instituting significant improvements in the domains of security, transportation, food, fuel, and sanitation in his first 100 days in office, raising expectations that were subsequently dashed. Egyptians counted down the days, but the anticipated changes did not materialize. Furthermore, Mursi promised to act as president of all Egyptians, not only of the MB and its supporters. Instead, according to his critics, he is repressing the country's citizens and has taken numerous powers for himself – reminiscent of the Mubarak era. Moreover, they claim he is promoting the "Muslim Brotherhoodization" of the country, which is to say turning Egypt into a state in which all centers of power are held by the MB, which uses them to instill its views – for example, by changing school curricula in order to indoctrinate pupils with MB ideology.
This criticism erupted into mass protests in the latter half of November 2012, as Mursi was engaged in mediating between Israel and Hamas during Operation Pillar of Defense. The protests gained momentum following his announcement, coming immediately after the signing of the ceasefire that he brokered, of resolutions giving him more extensive powers than ever. These resolutions, which came in the form of a constitutional declaration he issued on November 22, 2012, stripped the Egyptian judicial system of the power to appeal his decisions, thus giving constitutional validity to his status as ultimate arbiter in the country – far exceeding his powers as head of the executive authority.
In the two weeks since the release of the constitutional declaration, Mursi has even sped up the process of approval of the draft of the new Egyptian constitution, and, following marathon sessions of the Constituent Assembly, he declared on December 1, 2012, that there would be a referendum in two weeks, on December 15. In this way, Mursi made it impossible for the judiciary to deal with lawsuits calling for disbanding the Shura Council and the Constituent Assembly. These moves sparked broad public criticism, which led to a raging public debate in the country on the issue of the draft constitution. Large demonstrations, some of them violent, are currently taking place across the country on a daily basis, both in protest against, and in support of, Mursi's moves.
It is apparent that the legitimacy and support that Mursi has received from the international community, particularly the U.S., for his foreign policy has led him to feel immune to Western criticism, which emboldened him to make such a far-reaching move at home. But domestically, this move went too far, and led to protests. The public has refused to stand idly by as Mursi has taken steps aimed at neutralizing the centers of power in the country that could possibly undermine his authority, and at concentrating executive, legislative, and judicial powers in the hands of the president.
1. Taking over the media: Mursi's first move was to take over the Fourth Estate and the "watchdog of democracy" by replacing the communications minister with an MB member; replacing the editors of the state newspapers and the heads of their boards of directors; banning newspapers that criticized him; and taking legal measures against newspapers that published "false reports" against him and the MB.
2. Neutralizing the SCAF: Next, Mursi took over the authorities of the Supreme Council of the Armed Forces (SCAF), until then the main center of power in post-revolutionary Egypt, by removing, in August 2012, the military leaders, starting with SCAF chairman Muhammad Hussein Tantawi and military chief of staff Sami 'Anan, and moving on to the chiefs of the air, land, and naval forces, the military intelligence and military police, and the presidential guard. Concurrently, in August 2012, Mursi revoked the supplementary constitutional declaration issued by the SCAF upon its establishment, and issued a constitutional declaration in which he stripped the SCAF of its authority to take decisions in the military and security domains.
3. Taking over legislative powers: In his constitutional declaration of August 2012, Mursi also took over all legislative authorities until the date of the ratification of a new constitution – since the People's Council, in charge of legislation, had been disbanded in June 2012 by order of the Supreme Constitutional Court.
4. Taking over judiciary powers: For months, Mursi has been challenging the judiciary, a major center of power in Egypt that zealously defends its independence. First, in June 2012, he revoked the ruling of the Supreme Constitutional Court regarding the disbanding of the People's Council; however, he backed down after the move was criticized. Following that, he fired the prosecutor-general, but then reinstated him.
In the past two weeks, the regime and the judiciary collided head-on when, on November 22, 2012, Mursi issued a new constitutional declaration significantly expanding his powers, and ruled that no element in the country, including the courts, had the power to appeal his decisions. He again removed the prosecutor general, this time appointing a new one; he ordered the renewal of investigations and trials of members of the previous regime responsible for the deaths of protestors; and he stripped the constitutional court of its right to order the disbanding of the Shura Council, the upper house of parliament which has an MB majority.[1]
5. Bulletproofing the MB's status as drafter of the new constitution: With his new constitutional declaration, Mursi gave the Constituent Assembly a two-month extension so that it could work through internal disputes and finish its task. Additionally, Mursi removed the Supreme Constitutional Court's power to disband the assembly, as the date by which the court was to have ruled on cases filed by liberal-secular elements to disband the assembly loomed near. The cases argued that the assembly was not representative of the population because most of its members are from the Islamic factions, and the majority of these are MB members. A short time after the new constitutional declaration, the committee completed its preparation of the constitution, and a date for the referendum on it was quickly set – a move perceived by many as proof of the MB's attempt to hijack the constitution.
Previous MEMRI reports have focused on Mursi's moves since he took office, his takeover of the media, his neutralization of the SCAF, and his takeover of legislative powers.[2] This report will focus on Mursi's most recent move, in which he has concentrated powers in his hands and removed them from the judiciary, as well as on other moves by which he has firmly been establishing the power of MB members in the regime –all this against the backdrop of disappointment and frustration in the Egyptian street over his actions and the general sense that the goals of the revolution have not materialized.[3]
www.memri.org/report/en/0/0/0/0/0/0/6862.htm