Nov 23, 2012 | News
The ICJ expressed its grave concerns regarding the new Constitutional Declaration issued by President Mohamed Morsi on 22 November.
The President’s unilateral imposition of a constitutional framework on the Egyptian people, under which Constitutional Declarations, decisions, laws and acts taken by the President are shielded from any judicial review, undermines basic rule of law principles.
“Rather than establishing the rule of law and meeting the democratic aspirations of the Egyptian people, President Morsi perpetuates the practices of the old regime by denying the rights of Egyptians to fully participate in the conduct of public affairs and to challenge executive decisions and actions”, said Said Benarbia, ICJ Senior Legal Advisor for the MENA Programme. “The Egyptian authorities must change course to ensure that the new Constitution is in line with international rule of law and human rights principles, and that the drafting and adoption process is transparent and inclusive.”
Under the Declaration, the President has arrogated to himself sweeping powers “to protect the goals of the revolution, including by tearing down the structure of the former regime, excluding its symbols in the state, society and the judiciary, and purging the Sate institutions”. All decisions taken by the President, since he took office and until a new Constitution is adopted and a People’s Assembly is elected, are characterized as “final and binding and cannot be appealed by any way or to any entity. Nor shall they be suspended or cancelled and all lawsuits related to them and brought before any judicial body against these decisions are annulled”.
The ICJ also expresses its concern about the impact of the new Constitutional Declaration and the decision of President Morsi to dismiss the Prosecutor General on the independence of the judiciary.
Under international standards, all disciplinary, suspension or removal proceedings against members of the judiciary must be determined in accordance with well-established procedures that guarantee the right to a fair and transparent hearing and to an independent review.
Only an independent body can ensure the fairness of these proceedings, the ICJ stresses.
In a report published last week, the ICJ described how the Egyptian authorities have failed to ensure the drafting of a new Constitution in compliance with international principles of inclusive participation and transparency. The report concludes that the draft Constitution conflicts with Egypt’s obligations under international human rights law.
Contact:
Saïd Benarbia, Middle East & North Africa Senior Legal Adviser, ICJ, t +41 22 979 3817; e-mail: said.benarbia(at)icj.org
Alice Goodenough, Middle East & North Africa Legal Adviser, ICJ, t +41 22 979 3811; e-mail: alice.goodenough(at)icj.org
Nov 13, 2012 | News, Publications, Reports
A new ICJ report shows that the constitutional reform process in Egypt has failed to meet international principles of inclusive participation and transparency, thereby undermining the transition to democracy.
“The Egyptian authorities, including the Constituent Assembly, have failed so far to meet the aspirations of the Egyptian people to adopt a Constitution that establishes the rule of law, recognizes and protects universally accepted human rights without restriction, guarantees the independence of the judiciary in all circumstances, and ensures the effectiveness of democratic institutions,” said Wilder Tayler, ICJ Secretary General.
The ICJ is calling upon the Egyptian authorities to address the challenges currently facing the constitutional reform process, as a matter of urgency; ensure that this process is in full compliance with international standards of inclusive participation and transparency; and guarantee that the new Constitution fully conforms with the rule of law and international law, including human rights standards.
The ICJ report Egypt’s new Constitution: a flawed process; uncertain outcomes details how, in overseeing the process leading to the adoption of a new Constitution, the Supreme Council of Armed Forces (SCAF) failed to ensure the rights of Egyptians to take part in public affairs and to meaningfully participate in the drafting and adoption of a new Constitution.
“Instead of paving the way for a clear and participatory reform process, the SCAF consistently opted for opaque, rushed and non-consensual policies that aimed to shield the armed forces from any form of accountability and that have severely undermined both the legitimacy of the process itself and its outcomes,” Tayler added.
Even though the administration of President Morsi replaced the SCAF on 30 June 2012, the constitution-making process continues to be carried out under the legal framework enacted by the SCAF.
The report also describes how several judicial decisions, in particular the dissolution of the first Constituent Assembly, by a decision from the High Administrative Court, and the dissolution of the People’s Assembly, following a decision by the Supreme Constitutional Court, have contributed to the confusion and uncertainty regarding the drafting of a new constitution.
As a result of this confused process, the draft of the new Constitution, published by the Constituent Assembly on 14 October 2012, has failed to provide for effective guarantees to reinforce the protection of human rights and the supremacy of the rule of law, including by ensuring that the powers of the State are not exercised arbitrarily.
“The draft Constitution does not sufficiently incorporate the rule of law and international law, including human rights standards. This is particularly evident as regards the accountability of the armed forces and their subordination to a legally constituted civilian authority, the content and scope of constitutional human rights, and the compliance of the whole judicial system, including the Office of the Public Prosecutor and the Constitutional Court, with international standards of independence, impartiality and accountability,” said Said Benarbia, ICJ Senior Legal Adviser for the MENA programme.
The report sets out urgent institutional and legal reforms that, together with sufficient political will, may help ensure a clean break with the practices and policies of Mubarak’s regime and the transition to a genuine democracy in Egypt.
Contact:
Saïd Benarbia, Middle East & North Africa Senior Legal Adviser, ICJ, t +41 22 979 3817; e-mail: said.benarbia(at)icj.org
Alice Goodenough, Middle East & North Africa Legal Adviser, ICJ, t +41 22 979 3811; e-mail: alice.goodenough(at)icj.org
Egypt-Flawed constitutional reform process-report-2012
Photo by Reuters
Jan 30, 2009 | News
The ICJ urges the Government of Nepal to ensure that legislation on Disappearances and Truth and Reconciliation are adopted through regular democratic process and not by executive ordinance.
The ICJ also reiterated that adoption of such legislation should follow broad based national consultation and should fulfil Nepal’s human rights obligations.
Nepal-Government should allow parliament to debate-Press releases-2009 (full text, PDF)
