Egyptians are squandering another chance to build a broadly inclusive democratic system with the latest constitutional revisions. The new charter defies the revolutionary promise of the Arab Spring by reinforcing the power of institutions that have long held Egypt in an iron grip.
The Constitution, approved by a 50-member citizen committee on Sunday, replaces one imposed last year by the government of President Mohamed Morsi, who was deposed in July, and his Muslim Brotherhood allies. It is expected to be ratified by a popular vote in a referendum within the next 30 days. Most Egyptians are not practiced in civic activism after being disenfranchised for decades under President Hosni Mubarak, who was ousted in 2011. But they would be wise to read the new draft Constitution thoroughly and demand that the writers alter its provisions.
On paper, it appears to grant citizens important new rights, including criminalizing torture and human trafficking and requiring that the state protect women from violence. But some of the language is vague and could even enlarge the influence of the military, the police and the judiciary, which worked to overthrow Mr. Morsi and outlaw the Muslim Brotherhood.
The military won significant autonomy in the 2012 Constitution; the new one would extend that by giving the military the authority to approve the defense minister for the next two presidential terms. It would also allow the military to try civilians in military courts, a practice that has been long opposed by democracy activists.
The new constitution would require that a council of senior police officers be consulted on security policy, which would very likely ensure that there will be little, if any, meaningful reform that could bring the army and police firmly under civilian control.
Egyptians understandably want more stability after nearly three tumultuous years. But expanding powers for the security agencies would be disastrous for democracy. In recent days, there has been a crackdown against thousands of largely liberal and leftist activists who protested a new law effectively banning demonstrations, the government’s latest attempt to curb dissent.
Mr. Morsi and his supporters went too far last year in ramming through a Constitution that greatly enhanced the role of Islamic law and restricted freedoms. This new constitution is equally flawed because it was drafted with minimal input from Islamists and could further crush the Brotherhood by banning political parties based on religion. A last-minute change in one provision has also raised the possibility that the army may not allow elections for a new Parliament before elections for a new president — a promise it had made earlier. That move might make it more likely that Gen. Abdul-Fattah el-Sisi, the defense minister, would win the presidency if he runs.
In the final analysis, the real test of any constitution is how it is carried out in practice. Egypt’s recent history, sadly, offers little assurance that any improvements in constitutional language will be honored.
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The New York Times