Hatem Bagato Discusses the Constitutional Amendments at the BA
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The BA held on Monday, 7 March 2011, a panel discussion about the proposed constitutional amendments, for which will be held a national referendum on 19 March 2011. The event hosted Chancellor Hatem Bagato, Vice President of Egypt’s Supreme Constitutional Court and Reporter of the Constitutional Amendments Committee.
At the outset of the discussion, Bagato mentioned that Egypt’s Constitution should be replaced rather than amended. However, he sees the need for Constitutional amendments to ensure fair parliamentary and presidential elections. At the same time, Bagato believes that the present atmosphere is not conducive to a new Constitution, given the fact that the political powers in Egypt have not yet taken shape. He referred to previous constitutions adopted in the wake of a revolution, such as the 1923 Constitution drafted following the 1919 Revolution, and maintained that these do not normally stand on solid grounds. He pointed out that we are currently going through the same state of “national disorder”. On the international level, no constitution has ever been drafted immediately following a revolution.
Bagato added that a new constitution requires the formation of a constituent committee representing the different national powers, a condition that does not apply to the current Committee. That is why the Committee is not authorized to change the Constitution or its structure, for example to change the presidential or semi-presidential system to a parliamentary one. He stressed that the proposed constitutional amendments are intended only to pave the way to fair integral parliamentary and presidential elections that allow for true representation from the society, to limit the presidential period to two four-year terms, to lift the emergency law, and to ensure the establishment of a constituent committee comprising different political powers to draft a new constitution following the presidential and parliamentary elections.
He explained that the amendment of Article 75, concerning the terms and conditions of running for presidential elections, opens the door to any Egyptian, male or female, to run for election, irrespective of their faith.
Speaking about Article 76, Begato pointed out that whereas the amendments had, to a large extent, reduced the special prohibitive conditions that had previously eliminated some potential candidates, these conditions had not been completely abolished because of the sensitivity of the position.
Chancellor Hatem Bagato confirmed that vote cast in all upcoming referendums and elections would be submitted by the national ID. He also stated that the electoral rolls - for the parliamentary elections - would be entered into the national ID database.
He added that the Constitutional Amendments Committee had reduced the possibility of tampering with the integrity and fairness of the presidential elections and referendums, but pointed out that it is the people that are the real guarantee against any attempt of fraud or abuse of their will. He explained that the vote on separate articles of the Constitution was a farfetched procedure.
Chancellor Bagato stressed that the Supreme Council of the Armed Forces want to end the transitional period as soon as possible, ensure a fair democratic presidential election and return to their original functionof safeguarding national security.