Sunday, December 2, 2012

#Egypt's draft (controversial) constitution translated Article 1
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's draft (controversial) constitution translated: (thanks & via )

Egypt's draft constitution translated

Sun, 02/12/2012 - 13:15
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CONSTITUTION PREAMBLE
We, the people of Egypt,

In the name of God and with the assistance of God,
declare this to be

Egypt’s Constitution and the document of the pioneering, peaceful revolution, which was started by Egypt’s promising youth, protected by the Armed Forces, championed by the patient Egyptians who gathered in Tahrir Square on 25 January 2011 to assert their rejection of all forms of injustice, oppression, tyranny, plunder and monopoly, to fully proclaim their rights to a decent life, to freedom, to social justice and human dignity — all rights granted by God before being prescribed in constitutions and universal declarations of human rights;

A promise of a new dawn worthy of Egypt’s history and civilization, the same civilization that gave humanity the first alphabet, that opened the way to monotheism and the knowledge of the Creator, adorned the pages of history with creativity, established the oldest state on the banks of the timeless Nile, while from the beginning understanding the meaning of identity, and embodying the values of citizenship.

The great Egyptian people have regained their freedom and dignity, and here they are now, going forth toward a new tomorrow, more firmly joined to the historical moment, with greater faith in their abilities and their fundamental principles, more determined to achieve the objectives of their peaceful revolution, optimistic about a safe future under the rubric of a free country, ready for hard work and for active participation in the progress of human civilization.

Having restored a fresh spirit of unity between Egyptians, men and women, the people’s revolution continues toward building a modern democratic state, while preserving Egypt’s spiritual and social values, its rich and unique constituents, and building on the integral fundamentals expressed in the following principles:

One —

Sovereignty is for the people, the sole bearer of the right to set up the authorities, which derive their legitimacy from the people, are subject to the people’s control, are bound by the limits of their mandates and constitutional responsibilities, and are committed to protecting public funds, maintaining the State’s resources, and establishing the fundamentals of justice in the distribution thereof. The authorities shall uphold the principle that positions of public service amount to responsibilities and mandates, not to rights or privileges, and that their holders work to serve the interests of the citizens.

Two —

Democracy is the system of government established and expanding the grounds for peaceful transfer of power, supporting political pluralism, ensuring fair elections and the people’s contribution in the decision-making process.

Three —

The freedom of citizens shall be upheld in all aspects of life, freedom of opinion and expression, and freedom in housing, property and travel, out of full belief in such freedom as a divine principle laid down by the Creator in the motion of the universe. God has created humans free and gifted them with the highest degree of refinement, intelligence and wisdom.

Four —

Equality before the law and equal opportunities for all citizens, men and women, without discrimination or nepotism, especially in the areas of education, employment, political rights, and economic and social rights, prioritizing the advancement of social justice.

Five —

The rule of law is the basis of government. The freedom of individuals and the legitimacy of state authorities are ensured by the submission of the State and of individuals to the rule of law and the State’s commitment to the independence of the judiciary. The Egyptian judiciary shall carry out its mission in defending the constitution, upholding justice and protecting rights and freedoms.

Six —

Respect for the individual, the cornerstone of the nation, whose dignity is a natural extension of national pride. Further, there is no dignity for a country in which women are not honored. Women are the sisters of men and hold the fort of motherhood; they are half of society and partners in all national gains and responsibilities.

Seven —

Upholding national unity is an obligation of state and society, for it forms the basis of stability and national cohesion, the cornerstone of building a modern Egypt and of the path to progress and development. To that end, the values of tolerance and moderation shall be spread, and the rights and freedoms of all citizens shall be protected without discrimination.

Eight —

Defending the land is a duty and an honor in the service of which human resources and funds shall be mobilized. As the country’s protective shield, the Armed Forces have a special place in the minds of the Egyptian people. The Armed Forces form a professional and neutral national institution that does not interfere in political affairs. No other group is allowed to form military or paramilitary structures or engage in activities of military character.

Nine —

Security is a great blessing. The role of security forces is to protect individuals and enforce the measures of justice. There can be no justice without protection, and no protection without security institutions capable of enforcing the state’s authority within a framework of respect for the rule of law and human dignity.

Ten —

Peace based on justice for the whole world, political and social progress for all peoples. Independent national development can only occur when the creative potential of the Egyptian people is unleashed, recalling their contribution to the advancement of civilization, for themselves and for humanity as a whole.

Eleven —

Arab unity is a call of history and of the future, and a demand of destiny that can only materialize under the protection of an Arab nation capable of warding off any threat, regardless of its source and the pretexts supporting it. Such unity is to be reinforced through the integration and brotherhood with countries of the Nile Valley and of the Muslim world, both a natural extension borne out of the distinctiveness of Egypt’s position on the global map.

Twelve —

Emphasizing Egypt’s pioneering intellectual and cultural role in the whole world and in the region, embodied by a soft power which has brought forth, and still does, icons of Egyptian thought, art and creativity. Creative freedom and the safety of thinkers shall be ensured, and the state’s responsibility for the supporting institutions maintained: universities, science centers, linguistic and research centers, the press, the arts, literature and mass media, the national church and Al-Azhar, with its history as a mainstay of national identity, the Arabic language and Islamic Sharia, and as a beacon for moderate enlightened thought.


We, the people of Egypt,
Out of faith in God and His heavenly messages,
In recognition of the right of the country and the nation,

With awareness of our responsibilities toward the nation and humanity,

Pledge to stay committed to the principles laid out in this Preamble, which we hold to be an integral part of this Constitution that we accept and grant to ourselves, affirming our determination to uphold and defend it, and asserting that it shall be respected by all.
PART I: STATE AND SOCIETY
Chapter One: Political principles


Article 1
The Arab Republic of Egypt is an independent sovereign state, united and indivisible, its system democratic.
The Egyptian people are part of the Arab and Islamic nations, proud of belonging to the Nile Valley and Africa and of its Asian reach, a positive participant in human civilization.


Article 2
Islam is the religion of the state and Arabic its official language. Principles of Islamic Sharia are the principal source of legislation.


Article 3
The canon principles of Egyptian Christians and Jews are the main source of legislation for their personal status laws, religious affairs, and the selection of their spiritual leaders.


Article 4
Al-Azhar is an encompassing independent Islamic institution, with exclusive autonomy over its own affairs, responsible for preaching Islam, theology and the Arabic language in Egypt and the world. Al-Azhar Senior Scholars are to be consulted in matters pertaining to Islamic law.

The post of Al-Azhar Grand Sheikh is independent and cannot be dismissed. The method of appointing the Grand Sheikh from among members of the Senior Scholars is to be determined by law.
The State shall ensure sufficient funds for Al-Azhar to achieve its objectives.

All of the above is subject to law regulations.


Article 5
Sovereignty is for the people alone and they are the source of authority. The people shall exercise and protect this sovereignty, and safeguard national unity in the manner specified in the Constitution.


Article 6
The political system is based on the principles of democracy and shura (counsel), citizenship (under which all citizens are equal in rights and duties), multi-party pluralism, peaceful transfer of power, separation of powers and the balance between them, the rule of law, and respect for human rights and freedoms; all as elaborated in the Constitution.

No political party shall be formed that discriminates on the basis of gender, origin or religion.


Article 7
Defense of the motherland and its soil is a sacred duty, and conscription is obligatory in accordance with the law.


Chapter Two: Social and ethical principles


Article 8
The State guarantees the means to achieve justice, equality and freedom, and is committed to facilitating the channels of social charity and solidarity between the members of society, and to ensure the protection of persons and property, and to working toward providing for all citizens; all within the context of the law.


Article 9
The State shall ensure safety, security and equal opportunities for all citizens without discrimination.


Article 10
The family is the basis of the society and is founded on religion, morality and patriotism.

The State is keen to preserve the genuine character of the Egyptian family, its cohesion and stability, and to protect its moral values, all as regulated by law.
The State shall ensure maternal and child health services free of charge, and enable the reconciliation between the duties of a woman toward her family and her work.

The State shall provide special care and protection to female breadwinners, divorced women and widows.


Article 11
The State shall safeguard ethics, public morality and public order, and foster a high level of education and of religious and patriotic values, scientific thinking, Arab culture, and the historical and cultural heritage of the people; all as shall be regulated by law.


Article 12
The State shall safeguard the cultural and linguistic constituents of society, and foster the Arabization of education, science and knowledge.


Article 13
The institution of civil titles shall be prohibited.


Chapter Three: Economic Principles


Article 14
National economy shall be organized in accordance with a comprehensive, constant development plan, ensuring the increase of national income, enhancement of standard of living, elimination of poverty and unemployment, increase of work opportunities, and increase of production.
The development plan shall establish social justice and solidarity, ensure equitable distribution, protect consumer rights, and safeguard the rights of workers, dividing development costs between capital and labor and sharing the revenues justly.
Wages shall be linked to production, bridging income gaps and establishing a minimum wage that would guarantee decent living standards for all citizens, and a maximum wage in civil service positions with exemptions regulated by law.


Article 15
Agriculture is an essential asset of the national economy. The State shall protect and increase farmland, work on the development of crop and plant varieties, develop and protect animal breeds and fisheries, achieve food security, provide the requirements of agricultural production, its good management and marketing, and support agricultural industries.

The law regulates the use of land, in such a way as to achieve social justice, and protect farmers and agricultural laborer from exploitation.


Article 16
The State is committed to the development of the countryside and the desert, working to raise the standard of living of the farmers and the people of the desert.

Article 17
Industry is an essential asset of the national economy. The State shall protect strategic industries, support industrial development, and import new technologies and their applications.
The State shall foster small handicraft industries.


Article 18
The natural resources of the State belong to the people, who have a right to their revenues. The State is committed to preserving such resources for future generations and putting them to good use.

State property is not to be disposed of. The franchise to use, or the commitment to a public utility, can only be granted according to legal regulations.

All money with no owner belongs to the State.


Article 19
The Nile River and water resources are a national wealth. The State is committed to maintaining and developing them, and preventing abuse. The use of such resources shall be regulated by law.


Article 20
The State shall protect its coasts, seas, waterways and lakes, maintain monuments and nature reserves, and remove any encroachments.


Article 21
The State guarantees and protects legitimate ownership of all kinds of public, cooperative and private property and endowments, as shall be regulated by law.


Article 22
Public funds are inviolable. It is a national duty of the State and society to safeguard them.


Article 23
The State shall support cooperatives in all forms and ensure their independence.


Article 24
Private property is inviolable and has a function in the service of national economy without deviation or monopoly. The right of inheritance shall be safeguarded. Private property may not be placed under sequestration except in cases specified by law, and with a court order. Ownership of property may not be removed except in cases where the public good requires and with just compensation paid in advance.

All of the above shall be regulated by law.


Article 25
The State is committed to reviving and encouraging the system of charitable endowments.
The way an endowment is established, the management of its funds, their investment and the distribution of proceeds to the beneficiaries, shall all be regulated by law, according to the terms of the trustee.


Article 26
Social justice is the foundation of taxation and other public finance duties.
Public taxes shall not be established, modified or repealed except by law. There shall be no exemptions except in the cases prescribed by law. No one shall be required to pay additional taxes or fees except within the limits of the law.


Article 27
Workers shall have a share of the management and profits of enterprises. They shall be committed in turn to the development of production, to protecting its means and to the implementation of plans in their production units, in accordance with the law.

Workers shall be represented on the boards of directors of public sector units within the limit of 50 percent of the number of members of these boards. The law shall guarantee for small farmers and small craftsmen 80 percent of membership on the boards of directors of agricultural and industrial cooperatives.


Article 28
Saving is encouraged and protected by the State. The State shall also safeguard insurance and pension funds, in accordance with legal regulations.


Article 29
Nationalization shall not be allowed except for in consideration of public interest, in accordance with the law and against fair compensation.


Article 30
Public sequestration of property shall be prohibited.

Private sequestration shall not be allowed except under a court judgment.
PART II: RIGHTS AND FREEDOMS
Chapter One: Personal rights
Article 31
Dignity is the right of every human being, safeguarded by the State.
Insulting or showing contempt toward any human being shall be prohibited.
Article 32
Egyptian nationality is a right, regulated by law.
Article 33
All citizens are equal before the law. They have equal public rights and duties without discrimination.
Article 34
Individual freedom is a natural right, safeguarded and inviolable.
Article 35
Except in cases of flagrante delicto, no person may be arrested, inspected, detained or prevented from free movement except under a court order necessitated by investigations.
Any person arrested or detained must be informed of the reasons in writing within 12 hours, be presented to the investigating authority within 24 hours from the time of arrest, be interrogated only in the presence of a lawyer, and be provided with a lawyer when needed.
The person arrested or detained, and others, have the right of appeal to the courts against the measure of arrest. If a decision is not provided within a week, release becomes imperative.
The law regulates the rules for temporary detention, its duration and its causes, and cases of entitlement to compensation, whether for temporary detention or for a sentence carried out that a court final ruling has revoked.
Article 36
Any person arrested, detained or whose freedom is restricted in any way, shall be treated in a manner preserving human dignity. No physical or moral harm shall be inflicted upon that person.
Only places that are humanely and hygienically fit, and subject to judicial supervision, may be used for detention.
The violation of any of the above is an offense punishable by law.
Any statement proved to have been made by a person under any of the aforementioned forms of duress or coercion or under the threat thereof, shall be considered invalid and futile.
Article 37
Prison is a place of discipline and reform, subject to judicial supervision, where anything that is contrary to human dignity or a person’s health is prohibited.
The State is responsible for the rehabilitation of convicts and facilitating a decent life for them after their release.
Article 38
The private life of citizens is inviolable. Postal correspondence, wires, electronic correspondence, telephone calls and other means of communication shall have their own sanctity and secrecy and may not be confiscated or monitored except by a causal judicial warrant.
Article 39
Private homes are inviolable. With the exception of cases of immediate danger and distress, they may not be entered, searched or monitored, except in cases defined by law, and by a causal judicial warrant which specifies place, timing and purpose. Those in a home shall be alerted before the home is entered or searched.
Article 40
All residents have a right to security which is safeguarded by the State, and are protected by law against criminal threats.
Article 41
The sanctity of the human body is inviolable, and the trafficking of human organs prohibited. No person may be subjected to any medical or scientific experiment without free, documented consent, and in accordance with the established foundations of medical science, in the manner regulated by law.
Article 42
Freedom of movement, residence and immigration shall be safeguarded.
No citizen may be deported from or prevented from returning to the country.
No citizen shall be prevented from leaving the country, nor placed under house arrest, except by a causal judicial warrant, and for a definite period.
Chapter Two: Moral and political rights
Article 43
Freedom of belief is an inviolable right.
The State shall guarantee the freedom to practice religious rites and to establish places of worship for the divine religions, as regulated by law.
Article 44
Insult or abuse of all religious messengers and prophets shall be prohibited.
Article 45
Freedom of thought and opinion shall be guaranteed.
Every individual has the right to express an opinion and to disseminate it verbally, in writing or illustration, or by any other means of publication and expression.
Article 46
Freedom of creativity in its various forms is the right of every citizen.
The State shall advance science, literature and the arts, care for creators and inventors, protect their creations and innovations, and work to apply them for the benefit of society.
The State shall take the necessary measures to preserve the nation’s cultural heritage and promote cultural services.
Article 47
Access to information, data, documents and statistics, and the disclosure and circulation thereof, is a right guaranteed by the state, in a manner that does not violate the sanctity of private life or the rights of others, and that does not conflict with national security.
The law regulates the rules for filing and archiving public documents, the means of access to information, the means of complaint when access is refused, and the consequent accountability.
Article 48
Freedom of the press, printing, publication and mass media shall be guaranteed. The media shall be free and independent to serve the community and to express the different trends in public opinion, and contribute to shaping and directing in accordance with the basic principles of the State and society, and to maintain rights, freedoms and public duties, respecting the sanctity of the private lives of citizens and the requirements of national security. The closure or confiscation of media outlets is prohibited except with a court order.
Control over the media is prohibited, with the exception of specific censorship that may be imposed in times of war or public mobilization.
Article 49
Freedom to publish and own newspapers of all kinds is a guaranteed subject of notification for every natural or juridical Egyptian person.
The establishing of radio stations, television broadcasting and digital media is regulated by law.
Article 50
Citizens have the right to organize public meetings, processions and peaceful demonstrations, unarmed and based on the notification regulated by law.
The right to private assembly is guaranteed without the need for prior notice. Security personnel shall not attend or intercept such private meetings.