Tuesday, December 26, 2006

Statement by President Mubarak Requesting the Amendment of Certain Articles of the Constitution

Ladies and Gentlemen,

Today we are at an important juncture on the path of national endeavor, one that will represent wide ranging progress towards the development of our democracy, and that will strengthen our constitutional institutions of government with new reforms.

At the outset of this important phase, I wish to address this elite delegation of the people's representatives, party and syndicate presidents, Egyptian writers and thinkers and every Egyptian man and woman in Egypt and abroad.

I speak to you today from the heart and at a landmark moment in the history and progress of our homeland, one that recalls past milestones, reflects the present, and suggests possibilities for the future.

I studied the steps of our national saga over the course of two centuries of our modern era, before presenting to you today two letters to the People's Assembly and Shura Council in which I request the amendment of certain articles of the constitutions and explain my rationale for doing so.

I recalled the beginnings of our progress and the long strivings of the Egyptian people since the 19th century for a constitution.

I recalled the “Founding Charter” of 1882, and the British Occupation's swift cancellation of it. I recalled The Constitution of 1923, its cancellation in 1930, and its restoration until the Revolution of 1952.

I recalled the latter phases of constitutional development: the Constitution of 1956, and the “one year constitutions” of 1958, the temporary constitution of 1964, and finally the “Permanent Constitution of Egypt of 1971 and its amendments of 1980, and 2005.

These successive phases are a summary of the history of modern Egypt, and tell us much of the path this people has taken since the first constitution of 1982, and from the first parliament of 1924, and all the achievements and failures over its course.

This history says much about the desire of this nation, over the course of the occupation and before and after the revolution for an effective and structured political life that reflects the will of the Egyptian people and underscores their sovereignty.

Today, I recall all this and more. I recall what we have achieved over the course of two decades of democratic development. I recall my speeches to this great nation when I announced the Menufiya Initiative, on the eve of the referendum to amend article 76, when I announced my candidacy in the presidential election, and after the announcements of its result.

Today, as we take this historic step towards developing our democracy, and as we recall our past progress and what we managed to achieve in the face of internal, regional and international challenges, I thank God, and am proud of this nation. And my confidence in our future progress is multifold.

Ladies and Gentlemen,

I have lived the days of this march at times of war and peace, lived its hopes and ambitions, and its difficulties, hardships challenges. I was a witness to this march; its ebbs and flows, successes and failures, defeats and victories.

Fate willed that I should bear the burden of leading the nation at a time of hardship through turbulences and crucial periods in the history of Egypt and her citizens.

Together, we have realized many achievements: we restored the nation's sovereignty over Sinai; we liberated every inch of its occupied lands; we maintained peace and took no action that would threaten it. We engaged and are still engaged in an intense battle with terrorism; we spared no effort in protecting Egypt's national security, its supreme interests, and the freedom of its national will; we have restored our Arab relations, and deepened them; we established a wide network of international relations; and through our culture, the heritage of civilization and our regional role, we won the respect and admiration of the world.

We continued and restored our worn out infrastructure, and our economy whose resources and wealth were drained by wars. Simultaneously, we embarked on a path of gradual reform with the objective of liberalizing our political and economic life, a social reform that sides with the poor and the low-income-brackets, and we implemented social reforms meant to support the poor.
As we progressed together on the path forward I have always been convinced of the duality of political reform and socio-economic reform. This has been my belief since the first day I took up the responsibility of the homeland, one that reflects an awareness of the spirit of the times and the legitimate aspirations of the people, and which sought to enhance the constitutional and legislative structures that govern our political life.

I had a clear vision of future of the country that won the confidence of the people and their support last year. I have vision of a modern Egyptian society which preserves freedom, elevates the value of citizenship and strengthens the role of citizens in the political process; A modern and developed society that lays the foundations of democracy and supports its day to day practice.

The amendment of Article 76 last year was a pioneering step on this path which made possible further constitutional amendments. I addressed these amendments in my electoral platform and called upon the People's representatives to offer their opinions regarding them, in order that they may fulfill the hopes and aspirations of the People, and protect the interests of the Nation and her citizens.

I have carefully studied the reports of the People's Assembly and the Shura Council on their productive debate on this important national matter. I have listened to many opinions, ideas and recommendations that reflect a variety of different perspectives, positions and visions, some of which I agree with and others with which I differ, nonetheless I recognize their honorable intentions and their desire to serve the national interest.

A year and half has passed since I presented the parameters of the constitutional amendments I will be calling for today. These broad lines were the subject, over 17 months, of intense debate and discussion within and outside Parliament, and in a national dialogue which I called for and welcomed, and to whose continuation I look forward to.

We are at the beginning of the constitutional amendment process which will be the most comprehensive since 1980. We all bear a joint national responsibility to ensure that this process reflects the political, economic and social transformations that our society has witnessed since 1971.

I and the People's representatives bear a historic responsibility to ensure that these constitutional amendments fulfill the aspirations of the people, address the high interests of our homeland and protect the present and future of her citizens.

It is our great and historic responsibility to achieve the essential goal of developing our democracy and political life, while avoiding drifting into uncalculated steps that could threaten the stability of our country and the success of our democratic experience

I presented in my address last month before a joint session of the People's Assembly and the Shura Council some of the objectives that the constitutional amendment process is intended to achieve. And I called for careful scrutiny of the impact they would have on the future of our nation and her sons.

I called for, and continued to call for a vision of the future unconstrained by the givens of the present moment in our history.

I called for the protection of this important national interest from the interference of personal interests, and for the debate to rise above partisan conflicts and ideological discord.

The people entrusted and supported me in their first competitive presidential elections on Egyptian soil. As president of all Egyptians, I am responsible before the people; bearing the burdens of leadership and protecting the interest of the nation and her citizens.

In fulfillment of the pledge I made last year, and of my responsibility as President, and exercising my competencies under Article 189 of the Constitution, I call upon the People's representatives to amend 34 articles of the Constitution, with the aim of bringing about a tangible leap that will open new horizons for our democracy.

Ladies and Gentlemen,

My request, in its philosophy and points of departure, is based on and gives special regard to several considerations that can be summed up as follows:

First,
My request is meant to assert the idea, value and principle of citizenship. We are all Egyptians. We are all citizens of this homeland and we are all equal in rights and duties before the law without discrimination based on creed or religion. Over the course of our history, we have never been exposed to religious or sectarian division.

When Sa'ad Zaghloul headed to Versailles to demand independence he was accompanied by the elite of Egypt's sons, Muslims and Copts. The Egyptian delegation included many Copts, including Wassif Ghali, Senout Hanna, Wessa Wassif and George Khaiat.

When we fought the October War, the sands of Sinai made no distinction between the blood of Muslims and Copts.

And as we engage in building the future of our nation, we do so with the concerted efforts of all citizens, Muslims and Copts.

Being aware of this and as I follow the sectarian and confessional divisions that the region is witnessing, I am determined to protect our society, Muslims and Copts, and confront practices that seek to circumvent the law and undermine the cultural heritage of the Egyptian people; practices that mix religion with politics and politics with religion, which spread discord and extremism, and which seek conflict between the two wings of our nation.

The proposed amendments I will present today reflect my concern for the stability of the nation and my commitment to defend the unity of her citizens. I am fully confident that the people's representatives share my concerns and commitments.


Second:

The amendments which I will propose are intended principally to entrench the sovereignty of the people, the source of all legitimacy and authority, by strengthening the role of Parliament and enhancing controls over the executive authority.

These amendments represent a fundamental transformation of our political system which will provide greater balance in the relationship between the executive and legislative authorities and in the relationship within the executive authority between the President and the Government.

These amendments propose to greater authorities and competencies for both chambers of parliament. They will strengthen the People's Assembly role in supervising the government, and permit its members to grant confidence to the Government or withdraw it without the need for a referendum. Moreover, it will permit the Assembly to amend the General State Budget bill.

These amendments propose a legislative competency for the Shura Council which represents an unprecedented qualitative leap and which exceeds current non-binding consultative role.

These proposed amendments enhance the role of the people's representatives in both chambers of the parliament. It also creates mechanism for coordination between the two chambers of Parliament.

In addition, these proposed constitutional amendments will limit the authorities of the president of the republic, and permit wider participation by the legislator in the exercise of executive authority.

Third:
Specific priority in these amendments was given to supporting the role of parties, in their capacity as the foundation of political life. Equal priority was also given to expanding participation in legislative elections which is an essential factor in ensuring the success of a democratic process.

These amendments will give the legislator the power to choose an electoral system which they deem to be the most appropriate and which will strengthen the representation of parties in parliament. It also makes possible the enhancement of the administration and supervision of the electoral process which will guarantee the integrity of legislative elections and increase our ability to deal with a growing electorate.

Moreover, these proposed amendments will ease presidential election candidacy conditions and will enhance the ability of parties to nominate candidates for these elections.

The proposed amendments provide similarly increased opportunities for women's representation in parliament, commensurate with our concern for women and their role in political life and society.
Fourth:
Egypt, ahead of others, faced terrorism before it became a global phenomenon. Its evils and hazards continue to target our homeland, and threaten the lives and livelihoods of its citizens.

The security, stability and safety of our nation and her citizens' is my primary responsibility, and represents a red line that will not be crossed.

In my electoral platform last year, I called for an anti-terrorism law as a legislative substitute to combating this threat through the emergency law.

What I envisaged in terms of constitutional amendments opens the door for legislation to combat, contain and deter terrorism and abort its plans. This legislation shall confront and block its crimes and hazards by force of law and will simultaneously provide judicial supervision over any unjustified violation of the rights and freedoms of citizens guaranteed by the Constitution and the Laws of Egypt.
Fifth:
I ensured that the proposals for amending the constitution reflected our political, economic, and social realties and the transformations we have witnessed since the promulgation of the Constitution of 1971 and the amendments to it introduced in 1980.

I was also keen that the constitution does not impose an economic system on society that could be rendered redundant with the passage of time and new realties and developments, and which cannot be altered without a constitutional amendment.

I intended these proposals to represent forward progress towards securing the supremacy of the constitution by strengthening the mechanisms and procedures that guarantee the independence of the judiciary .

I was also keen that the proposed amendments seek the development of the local administration and expand decentralization.

Ladies and Gentleman


In the history of any nation, there are decisive days, one of which I believe we witness together this day. We take a historic step the effects of which may not be obvious for us on the short term, but our political life and democratic practices will witness its reflections in the coming decades. I look forward to an in-depth and serious dialogue conducted by the people's representatives in the parliament about the constitutional amendments I called for today.


I have deeply considered this important national issue. And as I present today my recommendations for constitutional amendments, I am completely aware of my responsibilities before the people. And my responsibility is to preserve the stability of the nation and protect her interests and the interests of her citizens.

The stability of which I speak is not a synonym of stagnation; rather it is the main prerequisite of Egypt's national security, and a necessary condition for development and the continuation of reform on all tracks in a context of internal challenges and acute crises in our region and the world around us.

Yes, I am responsible for all this before the people, as I am responsible before history. I speak to you and behind me lie long years I have spent in the service of the nation, protecting its skies, territory and sovereignty, preserving her independence and self determination, and fulfilling the responsibilities with which I have been entrusted.

Today I fulfill the promise I made to the people last year, and I am confident that our parliamentary councils will meet their constitutional responsibilities so that these amendments may fulfill the objectives which they aspire. The people will have the last word when these amendments are put to a vote in referendum in line with constitutional amendment procedures.

The historic step which we are taking today will open the doors to democracy and its practice, enabling future generations to build upon these foundations and reach new horizons. Democracy is not merely constitutional legislative texts and rules. Rather Democracy is a culture and practice. And I call for further and parallel steps of less importance to be taken to foster democratic culture and practice in Egypt.

Ladies and Gentlemen,

As we take this historic step today, we must neither be shortsighted nor deal with it in isolation of our Egyptian reality, or our regional and international arena.

We are entering into a crossroads in the history of Egypt. Progress on the path of constitutional and political reform cannot be accomplished or carried out in a vacuum. It must be accompanied by a parallel economic reform and development, and social reform that takes into consideration the interests of the great majority of the sons of this nation.

This great majority is my primary responsibility, as the Constitution is the Nation's constitution and our sovereignty is the sovereignty of the people. And constitutional reform cannot merely serve the interests of the elite, a faction or a party, rather the interests of Egypt, her people, their present and their future.

Together we will march forward steadily and willingly through this phase, continuing with perseverance and irreversible reform. We will complete the development of our democracy and the liberation of our economy and our political life, facing our problems with relentless will, overcoming our challenges as we have done before, defending the national security of Egypt, its strategic interest and raise the nation's banner

May Allah bless Egypt and her people, and give us His support and guidance.

He is the Best Sustainer and the Supporter.

May Allah's Peace, Mercy and Blessings Be Upon You



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