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A look at key articles in Egypt’s draft constitution

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An Associated Press article published for ABC News and Fox this week examines some of the key provisions of the Egyptian draft constitution that, if passed in an upcoming referendum, will “amend the charter adopted under ousted President Mohammed Morsi.” Made up of a 4-page preamble and 247 articles, the draft is set to significantly limit the scope of Islamic law in the country and introduce new articles that are “being hailed as a victory” by human rights activists. Here are some of the highlights:

CIVILIAN GOVERNMENT:

In the preamble, the draft states that the charter “continues to build a democratic, modern country with a civilian government.” The word “civilian,” which in Arabic indicates non-religious and non-military, has stirred anger among ultraconservative Islamists who consider it synonymous with “secularist.”

ISLAMIC LAW:

The new charter retains Article 2, which says the “principles” of Islamic law, or Shariah, are the basis for legislation, a phrase that has been in all Egyptian constitutions since the 1970s. However, it removes a Morsi-era provision that gave a more precise definition for “principles” that could have been used to legislate stricter Islamic law. It also deletes a reference to a role for Al-Azhar, the country's main Islamic institution, in overseeing legislation.

FREEDOM OF BELIEF:

The draft says freedom of belief is “absolute.” In last year's constitution, freedom of belief was “preserved.”

POLITICAL PARTIES:

The draft prohibits political activity or the establishment of political parties based on religion, dealing a blow to movements like the Muslim Brotherhood, its Freedom and Justice party, and Al-Nour, an ultraconservative Salafi party.

DISCRIMINATION:

Citizens are equal before the law; they are equal in rights, freedoms and public duties, without discrimination on the basis of religion, belief, gender, origin, race, color, language, disability, social status, political affiliation, geographical location or any other reason. Discrimination and inciting hatred is a crime punishable by law. The state is obliged to take necessary measures to eliminate all forms of discrimination, and the law regulates the establishment of an independent commission for this purpose.

INTERNATIONAL AGREEMENTS:

The draft says the state is bound to all international agreements, including human rights covenants, already signed by Egypt.

In addition to these topics, other highlights include granting parliament the power to remove an elected president, and provisions on torture, detention, and forced displacement.


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