Covers Egypt, the Region, and current affairs | مدونة تتناول قضايا مصر والمنطقة والاحداث الجارية
Tuesday, 22 January 2013
Monday, 21 January 2013
A quick note on my Libya article
I just published a new article outlining what I believe to be 10 main lessons Libya can learn from Egypt's failures in writing a constitution. My conversation with Zaid Al-Ali @Zalali on Twitter about the article has made me realise I might have improperly expressed point number 4 of the article though.
My argument here is not existentially favour of a short constitution, but rather a reminder that: a constitution does not necessarily have to be long as a design rule, that there are things that should belong in the body of law and not constitutional text, and that some articles might have some literary qualities but would perhaps either better belong in a preamble or even not exist altogether due to potential unintended (?) problematic implications arising from vagueness. Also, in case of extreme difficulties on agreeing on certain articles, they could even theoretically be postponed to a post-referendum extended debate and amendments, assuming they could wait.
In other words, no country is forced to get into "who's got a bigger constitution" contest.
Having said that, I do actually believe in the idea that countries transitioning into democracy would benefit from articulating as many consensus governing principles as possible to avoid the repetition of the past or even a different and worse future. And in a country like Libya where modern democracy and state institutions are (hopefully) making their actual debut, a strong constitution is necessary.
Finally, I was also asked about the subject of "vagueness" in the Egyptian constitution. I actually do address what I believe to be its most important aspect while arguing that a clear commitment to human rights should be at the centre of the new Libyan constitution. Ultimately, some intentional textual vagueness can be a workaround to diffuse some Conservative-Liberal tensions (intentionally postponing the fight to the legislative process based on the interpretation of the article), even in traditional law making. But vagueness, as a rule, should be avoided whenever possible.
Follow @Bassem_Sabry TweetSunday, 20 January 2013
On Hani Shukrallah
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Note: Hani was promoted to editor in chief of Ahram Weekly in 2003, before he was forcibly removed in 2005. (Thanks A.H. for the detail)
Monday, 14 January 2013
زرار الأسانسير
ملاحظة عابرة: بحب جدا لما الشخص بيروح للأسانسير ويلاقي الزرار بالفعل منور، وحد من اللي واقفين كان لسه دايس عليه من ثانيتين، بس لازم برضه يقوم الشخص ده دايس تاني دوسة طويلة وقوية ومليئة بالعنفوان على الزرار just in case مع إعطاء نظرة محرَجة للشخص اللي داس الأول، نظرة معناها "صدقني انا بجد مش قصدي اني اقلل من قدرك، بس كان لازم ادوس عشان اطمئن من جوايا." والبعض الأخر كمان لازم يدوس كذا دوسة ورا بعض عشان you can never fully trust زرار الأسانسير.
Follow @Bassem_Sabry Tweetهيبة الدولة
Saturday, 12 January 2013
Batman in Egypt
On the serious side: Batman in Tahrir.
And on a more casual note: Batman going around Cairo, experiencing the local life and culture.
UPDATE: On an electoral note, here is Batman voting in the presidential elections run off. Or perhaps, it was someone voting for Batman. (courtesy of @Ayouti)
Friday, 4 January 2013
About This Blog
Well, first: thank you for actually caring enough to notice that and ask me about it.
Then, a few reasons.
The first is that I have undertaken a recent project that should end in about 2-3 months, which takes a lot of my previously spare time, which I used for articles and blogposts.
The second is that Twitter, somewhat unfortunately, makes it a bit easier to just tweet thoughts and opinions rather than blog or piece them up It is both a good and a bad thing, at the same time.
The third is that I have been writing a lot more outside of the blog, longer analytical pieces, especially on Al-Monitor as of late. You can find a list of my articles there on this link, though last time I checked they still haven't added a couple of articles. So, you could use the search bar to search for my articles just in case, if you need to.
That's about it. Still, I will try to update the blog more often. At least I'll go back to putting links to my newer pieces there. Thank you very much for caring and asking.
Bassem
Saturday, 22 December 2012
قائمة بأهم أحداث ٢٠١٢
- ١٤ فبراير: ترشح أحمد شفيق رسميا
- ٢٠ إبريل: وفاة زوجة أحمد شفيق.
Friday, 21 December 2012
فماذا لو كان اليوم حقا هو نهاية هذا العالم؟
Sunday, 9 December 2012
Why This Was Not A Real Compromise
Yes, by cancelling the previous Orwellian constitutional declaration and setting a potential roadmap in the case the constitutional draft was struck down in a referendum, it could be argued that the president made some step towards the centre. However:
1- The recent package of decisions announced by the national dialogue team does not represent real compromise because the President has largely gotten what he wanted from his original constitutional declaration, even now as he rescinded it. In short, he has managed to let the constituent assembly finish its controversial draft constitution, despite walkouts from the assembly by all liberal members, feminist and human rights representatives, the Church, the advisory committee and more - leaving only Islamist forces and affiliates forming a total of 86 people on the final voting day.
2- The president had promised he would not subject the document to a referendum before national consensus was achieved. Adding on the final lines in the previous point, this is certainly not the case. Egypt is more divided than ever right now, and these are not the conditions wanted for what was hoped to be the first democratically-made constitution in the history of the country. No one is claiming that everyone was going to agree on everything in any final document, but more consensus could have been reached on how to resolve the current constitutional conflict, regardless of the direction used.
3- Egyptian expats will vote in a few days, whereas the rest of Egypt will vote in less than a week. That means that several million Egyptians have only a few days to understand and decide on the document that should decide the fate of their nation for years and decades, while the rest of the population has less than a week. Bear in mind that this is an exhausted population following the revolution's aftermath, many of whom work 2-3 jobs to make ends meet, and with more than one third of the country illiterate. While I openly object to the constitutional draft and would vote "No" to it today, there is still an interesting additional note: I have followed every document released by the assembly from day one, analysed and written about them, attended formal discussion groups on the documents, have studied relevant academic material in my education, and I - and others like me - are actually still discovering new perspectives about this document till this day! What would a normal citizen do? People need at least a month to study this document and make up their minds in an informed decision. Trying to rush the referendum appears to be an attempt to capitalise on current conditions to secure a yes vote.
4- The current prosecutor-general will remain, who is already appearing to be controversial in some of his actions. A revolutionary demand was that the judiciary would nominate the PG or at least nominate candidates for the president to choose from. Instead, the president did what Mubarak did and appointed someone directly, allowing critics to ask questions over influence and affiliations.
5- The president's decisions again took the form of a constitutional declaration. The opposition and others, including Tarik Al-Bishry who led the process of drafting the March 2011 constitutional amendements, do not believe that he has the legal power to issue such declarations. The president swore his official oath to the current March 2011 constitutional declaration. In doing so, he has vowed to uphold it. If he wishes to amend it, such amendments should - theoretically - be done through referendum. And yet, despite issuing a declaration, the presidency does not want to amend the article on the time of the referendum, legally set as 15 days from the reception of the draft constitution. But even without that, it is argued that in a state of national crisis such referenda could be delayed. The country is in a deep security problem and even the safety of voters could - theoretically again - be at stake. On that basis alone the referendum should be delayed. The referendum has to be delayed, if there is any real desire by the administration for people to actually make some informed opinion of any kind. I have asked tens of current yes and no voters, and many are basing their decisions on things that are either inaccurate or had changed from previous drafts!
And yes, the opposition have not done well within the content of their last few moves. I will write in detail about that later.
I will probably update this post again based on some questions or comments that I get, or follow up thoughts. But I wanted to get this out there fast.
Update:
One note I remembered, one point that was also discussed was whether or not this constitutional referendum also have some conditions on turnout quorum and minimum required percentage for passage.







