CAIRO – 17 April 2019: Egypt’s Parliament, House of Representatives, approved Tuesday a draft report of a number of constitutional amendments presented earlier by its legislative committee, accrediting the state’s National Elections Authority (NEA) to declare a public referendum.
National Election Authority announced that the planned public referendum on the constitutional amendments will take place over 3 days starting April 19 for Egyptian expats, while locals inside the country shall vote from April 20 to 22.
One of the major alterations the new constitutional amendments are set to enhance once approved by the electors is the Military power. The House of Representatives approved the amendment of Article 200, 204 and 234 of the Constitution that concern the Armed Forces. The amendments in these articles will guarantee the functions of the armed forces, the maintenance of the Constitution and the preservation of the basic components of the state and its civilization, as the backbone of the Egyptian state.
In Paragraph 1 of Article 200, the text states that the Armed Forces belong to the people, and its mission is to protect the country, preserve its security and territorial integrity. Only the state is charged with forming these forces and it is prohibited for any person, authority, body or group to form military or paramilitary formations.
The amendments in this text were additions of the Armed Forces’ responsibilities which will include ‘safeguard the constitution and democracy, and preserve the basic elements of the state and its civil character, the people's gains and the rights and liberties of individuals.’
In Paragraph 2 in Article 204, the text states that a civilian shall not be tried before a military court except for crimes that constitute a direct attack on military installations, camps of the Armed Forces or the like, the military or border areas, the forces' equipment, vehicles, weapons, ammunition, documents, military secrets, its public funds, military factories, or crimes related to recruitment, or crimes that constitute a direct attack on its officers or members for the performance of their duties.
In order to preserve the rights of the Armed Forces, and maintain the protection of its military installations and the facilities that are being protected by them, the word ‘direct’ was removed, which means that a civilian can be tried before a military court if they committed such crimes.
In Article 234, the text states that “The minister of defense shall be appointed after the approval of the Supreme Council of the Armed Forces. The provisions of this article shall apply to two full presidential terms once the constitution comes into effect.” In order to provide the Armed Forces with independence the last sentence will be removed.
Find below the constitutional amendments approved by the Parliament:
Article 200, Paragraph 1
Before: The Armed Forces belong to the people, and its mission is to protect the country, preserve its security and territorial integrity. Only the state is charged with forming these forces and it is prohibited for any person, authority, body or group to form military or paramilitary formations.
After: The Armed Forces belong to the people, and its mission is to protect the country, preserve its security and territorial integrity, safeguard the constitution and democracy, and preserve the basic elements of the state and its civil character, the people's gains and the rights and liberties of individuals. Only the state is charged with forming these forces and it is prohibited for any person, authority, body or group to form military or paramilitary formations.
Article 204, Paragraph 2
Before: A civilian shall not be tried before a military court except for crimes that constitute a direct attack on military installations, camps of the Armed Forces or the like, the military or border areas, the forces' equipment, vehicles, weapons, ammunition, documents, military secrets, its public funds, military factories, or crimes related to recruitment, or crimes that constitute a direct attack on its officers or members for the performance of their duties.
After: A civilian shall not be tried before a military court except for crimes that constitute an (direct was removed) attack on military installations, camps of the Armed Forces or the like, the facilities that are being protected by the Armed Forces, the military or border areas, the forces' equipment, vehicles, weapons, ammunition, documents, military secrets, its public funds, military factories, or crimes related to recruitment, or crimes that constitute a direct attack on its officers or members for the performance of their duties.
Article 234
Before: The minister of defense shall be appointed after the approval of the Supreme Council of the Armed Forces. The provisions of this article shall apply to two full presidential terms once the constitution comes into effect.
After: The minister of defense shall be appointed after the approval of the Supreme Council of the Armed Forces. (The last phrase was removed).
Wed, Apr. 17, 2019
