Dr. Hossam Badrawi Official Website
The new government and its constitutional obligations
Written by
Hossam Badrawi
In continuation of last week’s article and a desire to present ideas that might benefit the political community, the formation of a new government in a third presidential term for the president comes at a sensitive time. This government must prepare society for a future with specific features within the framework of a declared vision and respect for the country’s constitution.
It is important that the new government gives hope for change and raises the aspirations of young people. Change is important in itself for the psychology of society, even if some people had a positive opinion of the previous government or of some of its members whom I respect.
The truth is that my experience with all social classes indicates that there is anger and dissatisfaction with the economic and social conditions that directly affect individuals and families, and a significant absence in the rights of citizens to education and health care, which has led to an increase in each family’s spending on what is supposed to be a right, the cost of which is borne by the entire community.
Unfortunately, there is great concern in the private sector about the pressure of unfair tax demands and laws that give the state tyrannical rights over companies in making arbitrary estimates and even punishing shareholders in losing joint-stock companies and seizing funds even though the principle of the law protects them, as they are shareholders and not managers.
The cost of exiting the market and declaring bankruptcy has become terrifying, and sometimes there is no way out to stop working if losing partners decide to do so.
The rise in the cost of investment and bank financing to nearly 30% is unfair, and I hope that the new government will confront its deflationary effects on the Egyptian market.
There are articles in the constitution that we must preserve, and articles that have not been implemented, and there must be reasons for this, and I see them being placed within the framework of application, such as decentralization, and most of what relates to the separation of powers and the balance between them, and the method of applying justice and respecting freedoms.
I have collected some of the articles of the Constitution that the new government must explicitly promise to implement or state its inability to do so, which are:
Article 21
The state guarantees the independence of universities and scientific and linguistic academies, and provides university education in accordance with international quality standards. It works to develop university education and guarantees its free access in the state’s universities and institutes, in accordance with the law. The state is committed to allocating a percentage of government spending for university education of no less than 2% of the gross national product, which will gradually increase until it is consistent with international rates.
Article 23
The state allocates to scientific research a percentage of government spending of no less than 1% of the gross national income, which increases gradually until it is consistent with international rates. The state also guarantees the effective contribution of the private and civil sectors and the contribution of Egyptians abroad to the renaissance of scientific research.
Article 25
The state is committed to developing a comprehensive plan to eliminate alphabetical and numerical illiteracy among citizens of all ages, and is committed to developing mechanisms for its implementation with the participation of civil society institutions, according to a specific time plan.
Article 27
The economic system aims to achieve prosperity in the country through sustainable development and social justice, ensuring an increase in the real growth rate of the national economy, raising the standard of living, increasing job opportunities, reducing unemployment rates, and eliminating poverty. The economic system is committed to standards of transparency and governance, supporting competitiveness, encouraging investment, balanced growth geographically, sectorally and environmentally, preventing monopolistic practices, taking into account financial and commercial balance and a fair tax system, controlling market mechanisms, ensuring different types of ownership, and balancing the interests of different parties, in a way that preserves the rights of… Employees and protects consumers. The economic system is socially committed to ensuring equal opportunities, fair distribution of development returns, reducing disparities between incomes, and adhering to a minimum wage and pension that guarantees a decent life, and a maximum in state agencies for everyone who works for wages, in accordance with the law.
Article 54
Personal freedom is a natural right, and it is protected and inviolable. Except in cases of flagrante delicto, no one may be arrested, searched, imprisoned, or have his freedom restricted in any way except by a reasoned judicial order required by the investigation. Anyone whose freedom is restricted must be immediately informed of the reasons for this, informed of his rights in writing, enabled to contact his family and his lawyer immediately, and presented to the investigating authority within twenty-four hours from the time his freedom is restricted. The investigation shall only begin with him in the presence of his lawyer. If he does not have a lawyer, a lawyer shall be assigned to him, and the necessary assistance shall be provided to people with disabilities, in accordance with the procedures established by law. Anyone whose freedom is restricted, as well as others, has the right to file a grievance before the judiciary against that procedure, and to decide on it within a week of that procedure. Otherwise, he must be released immediately. The law regulates the provisions of pretrial detention, its duration, its reasons, and cases of entitlement to compensation that the state is obligated to pay for pretrial detention, or for the implementation of a sentence under which a final judgment has been issued canceling the sentence executed. In all cases, the accused may not be tried for crimes for which imprisonment is permissible except in the presence of an appointed or delegated lawyer.
Article 55
Anyone who is arrested, imprisoned, or whose freedom is restricted must be treated in a way that preserves his dignity. He may not be tortured, intimidated, coerced, or physically or morally harmed. His detention or imprisonment may only be in designated places that are humanely and healthily appropriate. The state provides accessible means for persons with disabilities. Violating any of these is a crime whose perpetrator is punished according to the law. The accused has the right to remain silent. Any statement proven to have been issued by a detainee under the pressure of any of the above, or the threat of any of the above, is in vain and unreliable.
Written by
Hossam Badrawi
In continuation of last week’s article and a desire to present ideas that might benefit the political community, the formation of a new government in a third presidential term for the president comes at a sensitive time. This government must prepare society for a future with specific features within the framework of a declared vision and respect for the country’s constitution.
It is important that the new government gives hope for change and raises the aspirations of young people. Change is important in itself for the psychology of society, even if some people had a positive opinion of the previous government or of some of its members whom I respect.
The truth is that my experience with all social classes indicates that there is anger and dissatisfaction with the economic and social conditions that directly affect individuals and families, and a significant absence in the rights of citizens to education and health care, which has led to an increase in each family’s spending on what is supposed to be a right, the cost of which is borne by the entire community.
Unfortunately, there is great concern in the private sector about the pressure of unfair tax demands and laws that give the state tyrannical rights over companies in making arbitrary estimates and even punishing shareholders in losing joint-stock companies and seizing funds even though the principle of the law protects them, as they are shareholders and not managers.
The cost of exiting the market and declaring bankruptcy has become terrifying, and sometimes there is no way out to stop working if losing partners decide to do so.
The rise in the cost of investment and bank financing to nearly 30% is unfair, and I hope that the new government will confront its deflationary effects on the Egyptian market.
There are articles in the constitution that we must preserve, and articles that have not been implemented, and there must be reasons for this, and I see them being placed within the framework of application, such as decentralization, and most of what relates to the separation of powers and the balance between them, and the method of applying justice and respecting freedoms.
I have collected some of the articles of the Constitution that the new government must explicitly promise to implement or state its inability to do so, which are:
Article 21
The state guarantees the independence of universities and scientific and linguistic academies, and provides university education in accordance with international quality standards. It works to develop university education and guarantees its free access in the state’s universities and institutes, in accordance with the law. The state is committed to allocating a percentage of government spending for university education of no less than 2% of the gross national product, which will gradually increase until it is consistent with international rates.
Article 23
The state allocates to scientific research a percentage of government spending of no less than 1% of the gross national income, which increases gradually until it is consistent with international rates. The state also guarantees the effective contribution of the private and civil sectors and the contribution of Egyptians abroad to the renaissance of scientific research.
Article 25
The state is committed to developing a comprehensive plan to eliminate alphabetical and numerical illiteracy among citizens of all ages, and is committed to developing mechanisms for its implementation with the participation of civil society institutions, according to a specific time plan.
Article 27
The economic system aims to achieve prosperity in the country through sustainable development and social justice, ensuring an increase in the real growth rate of the national economy, raising the standard of living, increasing job opportunities, reducing unemployment rates, and eliminating poverty. The economic system is committed to standards of transparency and governance, supporting competitiveness, encouraging investment, balanced growth geographically, sectorally and environmentally, preventing monopolistic practices, taking into account financial and commercial balance and a fair tax system, controlling market mechanisms, ensuring different types of ownership, and balancing the interests of different parties, in a way that preserves the rights of… Employees and protects consumers. The economic system is socially committed to ensuring equal opportunities, fair distribution of development returns, reducing disparities between incomes, and adhering to a minimum wage and pension that guarantees a decent life, and a maximum in state agencies for everyone who works for wages, in accordance with the law.
Article 54
Personal freedom is a natural right, and it is protected and inviolable. Except in cases of flagrante delicto, no one may be arrested, searched, imprisoned, or have his freedom restricted in any way except by a reasoned judicial order required by the investigation. Anyone whose freedom is restricted must be immediately informed of the reasons for this, informed of his rights in writing, enabled to contact his family and his lawyer immediately, and presented to the investigating authority within twenty-four hours from the time his freedom is restricted. The investigation shall only begin with him in the presence of his lawyer. If he does not have a lawyer, a lawyer shall be assigned to him, and the necessary assistance shall be provided to people with disabilities, in accordance with the procedures established by law. Anyone whose freedom is restricted, as well as others, has the right to file a grievance before the judiciary against that procedure, and to decide on it within a week of that procedure. Otherwise, he must be released immediately. The law regulates the provisions of pretrial detention, its duration, its reasons, and cases of entitlement to compensation that the state is obligated to pay for pretrial detention, or for the implementation of a sentence under which a final judgment has been issued canceling the sentence executed. In all cases, the accused may not be tried for crimes for which imprisonment is permissible except in the presence of an appointed or delegated lawyer.
Article 55
Anyone who is arrested, imprisoned, or whose freedom is restricted must be treated in a way that preserves his dignity. He may not be tortured, intimidated, coerced, or physically or morally harmed. His detention or imprisonment may only be in designated places that are humanely and healthily appropriate. The state provides accessible means for persons with disabilities. Violating any of these is a crime whose perpetrator is punished according to the law. The accused has the right to remain silent. Any statement proven to have been issued by a detainee under the pressure of any of the above, or the threat of any of the above, is in vain and unreliable.
Article 57
Private life is inviolable and is protected and inviolable. Postal, telegraphic, and electronic correspondence, telephone conversations, and other means of communication are inviolable, their confidentiality is guaranteed, and they may not be confiscated, viewed, or monitored except by a reasoned judicial order, for a specific period, and in the circumstances specified by law. The state is also committed to protecting the right of citizens to use public means of communication in all its forms. It is not permissible to disrupt, stop, or deprive citizens of them arbitrarily. This is regulated by law.
Article 65
Freedom of thought and opinion is guaranteed. Every person has the right to express his opinion verbally, in writing, by photography, or by other means of expression and publication.
Article 70
Freedom of the press, printing, and paper, visual, audio, and electronic publishing is guaranteed, and Egyptians, whether natural or legal persons, public or private, have the right to own and issue newspapers and establish visual, audio, and digital media. Newspapers are issued upon notification, as regulated by law. The law regulates the procedures for establishing and owning radio and video broadcasting stations and electronic newspapers.
Article 71
It is prohibited, in any way, to impose censorship on Egyptian newspapers and media outlets, or to confiscate, suspend, or close them. An exception may be made to impose specific censorship on them in times of war or general mobilization. No penalty of deprivation of liberty shall be imposed for crimes committed by publication or publicity. As for crimes related to incitement to violence, discrimination between citizens, or attacking the honor of individuals, their penalties are determined by law.
Article 127
The executive authority may not borrow, obtain financing, or engage in a project not included in the approved general budget that would result in spending sums from the state’s general treasury for a future period, except after the approval of the House of Representatives.
Article 176
The state guarantees support for administrative, financial, and economic decentralization. The law regulates the means of enabling administrative units to provide, improve, and manage local facilities, and specifies the timetable for transferring powers and budgets to local administration units.
Article 238
The state guarantees the implementation of its commitment to allocate the minimum rates of government spending on education, higher education, health, and scientific research stipulated in this constitution gradually, starting from the date of its implementation, provided that it fully adheres to it in the state budget for the fiscal year 2016/2017. The state is committed to extending compulsory education until the completion of secondary school in a gradual manner, to be completed in the 2016/2017 academic year.
The constitution is our reference and the government’s commitment to the people, and it is the simplest thing we ask of any new government. The government must respect society and develop a clear strategy for implementing the country’s constitution, not amending it to be compatible with its capabilities, but rather raising its efficiency to be compatible with its philosophy and articles.
Private life is inviolable and is protected and inviolable. Postal, telegraphic, and electronic correspondence, telephone conversations, and other means of communication are inviolable, their confidentiality is guaranteed, and they may not be confiscated, viewed, or monitored except by a reasoned judicial order, for a specific period, and in the circumstances specified by law. The state is also committed to protecting the right of citizens to use public means of communication in all its forms. It is not permissible to disrupt, stop, or deprive citizens of them arbitrarily. This is regulated by law.
Article 65
Freedom of thought and opinion is guaranteed. Every person has the right to express his opinion verbally, in writing, by photography, or by other means of expression and publication.
Article 70
Freedom of the press, printing, and paper, visual, audio, and electronic publishing is guaranteed, and Egyptians, whether natural or legal persons, public or private, have the right to own and issue newspapers and establish visual, audio, and digital media. Newspapers are issued upon notification, as regulated by law. The law regulates the procedures for establishing and owning radio and video broadcasting stations and electronic newspapers.
Article 71
It is prohibited, in any way, to impose censorship on Egyptian newspapers and media outlets, or to confiscate, suspend, or close them. An exception may be made to impose specific censorship on them in times of war or general mobilization. No penalty of deprivation of liberty shall be imposed for crimes committed by publication or publicity. As for crimes related to incitement to violence, discrimination between citizens, or attacking the honor of individuals, their penalties are determined by law.
Article 127
The executive authority may not borrow, obtain financing, or engage in a project not included in the approved general budget that would result in spending sums from the state’s general treasury for a future period, except after the approval of the House of Representatives.
Article 176
The state guarantees support for administrative, financial, and economic decentralization. The law regulates the means of enabling administrative units to provide, improve, and manage local facilities, and specifies the timetable for transferring powers and budgets to local administration units.
Article 238
The state guarantees the implementation of its commitment to allocate the minimum rates of government spending on education, higher education, health, and scientific research stipulated in this constitution gradually, starting from the date of its implementation, provided that it fully adheres to it in the state budget for the fiscal year 2016/2017. The state is committed to extending compulsory education until the completion of secondary school in a gradual manner, to be completed in the 2016/2017 academic year.
The constitution is our reference and the government’s commitment to the people, and it is the simplest thing we ask of any new government. The government must respect society and develop a clear strategy for implementing the country’s constitution, not amending it to be compatible with its capabilities, but rather raising its efficiency to be compatible with its philosophy and articles.
