Thematic Papers

N°3 January 2010

Constitutional Reform in the Arab World

Amina El Messaoudi ∗∗∗

Constitutional reform in the Arab world derives legitimacy from its importance in the process of modernization, reformulating the relationship between state and society, and effecting changes that reflect evolving ideological and intellectual systems, as well as regional and international political developments. While most Arab states have had a succession of different constitutions, there were a particularly high number of constitutional reforms over the last two decades. This study is particularly concerned with these amendments. It will try to answer essential questions, such as, what are the reasons behind these reforms, and are they due to internal or external factors? What has been the effect of discussions on constitutional reform between parties and civil society, and other political actors? What are the most important areas that have been affected by reform and has reform been sufficiently comprehensive? And what direction was taken by these constitutional reforms? Through an analysis of five cases (Morocco and Bahrain, monarchical regimes; Egypt, Algeria, and Mauritania, republican regimes) this study will explore different experiences of constitutional reform in the Arab world.

∗ Professor in Consitutional Law, University Mohammed v, Rabat 2

Overview of Constitutional Reform in the cases national treaties served as the entry Arab World point for amendments (Algeria and Bahrain). The existence of such a large degree of Nevertheless, despite some differences in constitutional reforms in the 1990s may be terms of process, the amendments enacted explained in part by the many economic and generally share similar features, namely an political changes that took place in the world emphasis on rights and freedoms, and the after the fall of the Berlin Wall and their reform of the relationship between impact on the Arab world: increased institutions. More precisely, these include: political awareness within Arab societies, the authorization of multiple political • State support of human rights law . parties, and the emergence of civil society. International reports on the human rights In addition, after the fall of the Soviet situation in Arab countries found that Union, and after numerous conferences on rights and freedoms were not well the subject of democracy, it was made clear safeguarded; as such, constitutional by Western representatives that the granting amendments were made in order to of aid or loans to developing countries reinforce citizens’ status and liberties, would be fundamentally concerned with albeit in different ways. While certain “the democratic shift” and policies of countries subscribed to universal human economic reform and human rights. 1 These rights and stipulated this in their external factors weighed evenly on the Arab constitutions (Morocco and Mauritania), countries in terms of pressures or trends others made the status of rights and towards reform. freedoms immune from constitutional However, while the external factors may review (Bahrain), or stipulated that they have been the same across the region, the are “guaranteed” (Algeria). internal factors leading to reform in each of the countries differed, as did the methods of • Gender equality and women’s demanding it. Reforms were either initiated representation .Equality between the by the ruling power (Egypt, Algeria, and sexes has been an important feature of Tunisia) or by opposition parties (Morocco). recent constitutional changes. Algeria, In certain cases, civil society actors and the Bahrain, Egypt, Mauritania, and Yemen media also played a role (Morocco, Egypt, have all passed amendments granting 2 Lebanon, and Mauritania), whereas in other women the same rights to political participation as men, while other states

have changed their electoral laws to

1 include a required quota of women in The American Assistant Foreign Minister representative institutions (Morocco and Hermann Cohen explained in 1990 that “in Algeria). addition to a policy of economic reform and human rights, the democratic shift has • Reinforcement of constitutional law . become the third condition for receiving Constitutional amendments have also American aid.” At the same time, the British been passed in order to appoint special Assistant Minister for Foreign Affairs committees mandated to verify the explained that British aid is granted to constitutionality of laws. Members of countries moving in the direction of these committees are generally chosen by pluralism and to those who respect the law the legislative and executive authorities. and principles of the market. 2 Examples include but are not limited to: the Constitutional Conference in Bahrain, human rights and political associations in the “Kefaya” movement in Egypt, and the Morocco. 3

• Multi-party system . The transition from a (Algeria, Bahrain, Tunisia, Yemen, Egypt, single-party system to a multi-party one and Morocco). in certain Arab countries (Egypt, Tunisia, Algeria, and Mauritania) Conversely, to lessen the power of the allowed the organization of competitive executive authority - at least in theory - the elections, at least in appearance. This Arab states changed their laws to strengthen proved more effective when combined the legislative and supervisory powers of with other changes to the electoral their parliaments. Similarly, most of these system (Egypt). countries restructured their legislative bodies • Financial regulation . In certain cases, by creating bicameral parliaments (Morocco constitutional amendments named (1996), Bahrain (2000), Algeria (1996), organizations responsible for financial Mauritania (1991), Egypt (1980) and 4 inspection such as the High Council of Tunisia (2002)) . However, three obstacles Accounts in Morocco, and the Diwan prevent these bicameral parliaments from for Financial Inspection in Bahrain.3 rectifying the imbalance between the legislative and executive authorities. First, In addition to these domains, new laws or while the members of the first chamber were amended laws were enacted with regards to to be directly elected, those of the second political parties and general freedoms are chosen either through indirect voting (Morocco, Egypt, Algeria, and Mauritania), (Morocco) or through a combination of or were accompanied by the creation of new different kinds of voting and appointment. institutions (for example, the Consultative In certain cases, the head of state alone has Council for Human Rights in Morocco). the power to appoint a proportion of Yet while this wave of constitutional reform members of the second chamber (Bahrain, affected the vertical relationship between the Algeria, Egypt, Jordan). Second, the Arab central and local authorities by encouraging constitutions grant almost the same decentralization, the horizontal relationship legislative and supervisory powers to the between the authorities did not change. two chambers, despite the difference in how Indeed, most Arab countries preserved the their members are chosen. This impedes a presidential nature of their regimes by dynamic relationship from forming between creating amendments reinforcing the power them. Third, only the heads of state have of the president or monarch. In certain the power to dissolve parliament. cases, this was achieved by amending sections dealing with the length of the

president’s duration in office, either 4 Whilst a bicameral legislature was extending it or making it renewable (Algeria, Egypt, Tunisia, and Syria). In implemented after the experience of a other cases, this reinforcement of power was unicameral legislature in Algeria (the achieved by making the government constitutions of 1976 and 1989), subordinate to the president or monarch Mauritiania (the 1961 constitution), and Bahrain (the 1973 constitution), the first constitutional experience in Morocco was, 3 The third chapter of the National Action in contrast to the above-mentioned Charter of Bahrain entitled “Economic countries, based upon a bicameral regime, Fundamentals of the Society” stipulates in accordance with the constitution of 1962. that “public property is inviolable. It is After the experience of a unicameral incumbent upon every citizen to protect it legislature in accordance with the while the public authorities are under a constitutions of 1970, 1972, and 1992, duty to take all necessary measures to there was a return to a bicameral regime maintain it.” (Sixth principle) once again with the constitution of 1996. 4

These general features of constitutional and in accordance with Article 106, the reform in the Arab world, along with their monarchical system and prescriptions nuances, will be shown in the following relating to Islam may not be subject to cases studies, organized in chronological constitutional review. order of reform: Morocco (1996), Bahrain (2002), Mauritania (2006), Egypt (2007), The failure of structural adjustment and Algeria (2008). programs in the 1980s resulted in economic and social crises, which led to political Morocco: The Quest for Balance between change. There was a change in the Powers relationship between the royal institutions and the parties of the national movement Since its independence in 1956, Morocco and new developments in the field of human has had five constitutions, issued in 1962, rights (a Ministry of Human Rights and a 1970, 1972, 1992, and 1996. The first two Consultative Council for Human Rights constitutions dealt with the establishment of were founded, political prisoners were the monarchy, while the following three released, and exiles were permitted to concerned the parties of the national return). However, the imbalance between movement. While a clear imbalance the royal establishment and political parties between the legislative and executive led to demands from those of the national institutions was established in the first three movement for constitutionally-granted constitutions, the 1992 document partially power. These demands led to the changed this relationship, strengthening the amendments of 1992 and 1996, and to these position and powers of the government. The parties joining the government in 1998, present constitution of 1996 created a having been in the opposition camp for more bicameral parliament, with the Assembly of than 40 years. Despite these amendments, Representatives elected entirely by direct further demands for reform were made upon public vote, and granted to the indirectly Muhammad VI’s accession to the throne in elected Assembly of Councilors legislative 1999. In addition, the larger context within and supervisory powers approximate to which donor support fell also contributed to those of its counterpart. Nevertheless, while push for reform. In the early 1990s, the numerous changes have occurred as a result poor state of the Moroccan economy became of the constitutional amendments, certain obvious. The international financial elements of the Moroccan political system institutions, particularly after the fall of the remain constant. The country has had a Soviet Union, stipulated that for the granting multi-party system ever since the first of loans and aid, economic reforms should constitution banned a single-party system 5, be incorporated into constitutional reforms. It is thus within this context that a variety of factions and actor sought to amend the 5 The third chapter of all iterations of the constitution. Moroccan constitution stipulates that “political parties, unions, district councils, Factions Seeking Constitutional Reform and trade chambers shall participate in the organization and representation of the Although constitutional review is the 6 citizens. There shall be no one-party responsibility of the king and parliament , system.” It should also be pointed out that trade union organizations, local 6 According to the first Moroccan organizations, and professional constitution, proposals to review the departments have shared with political constitution could be made by the prime parties in organizing and representing them minister and by parliament. (Article 104 of since the constitution of 1972. the 1962 constitution). 5 and in spite of a series of demands for part, the feminist movements in the 1990s reform made by the parties of the national and at the beginning of this century have bloc since 1972, reviews were always demanded equal economic, political, and carried out outside parliament. This has social rights. Following reforms of family been the result of a legal required quota for a law, these movements demanded the constitutional review by the parliament that establishment of a quota allowing their is unattainable, due to the clause providing effective representation inside parliament that: and the other institutions. This resulted in an agreement between the government and “A suggestion to amend the constitution the political parties, which allowed women presented by one or more members of the to win 30 seats in the legislative elections of Assembly of Representatives or Assembly of 2002, increasing their representation from Councilors may not be agreed upon except 2% to 10%. In addition, before the local by the vote of two-thirds of the members of elections of 2009, the electoral law was the assembly to which the suggestion has changed again in order to increase women’s been made, then the suggestion is proposed representation in the local councils, which as to the other assembly and may not be agreed a result was increased from 0.5% to at least upon except by a majority of two-thirds of 12%. Likewise, multicultural associations the members.” have focused on constitutional protection of multiple identities, the Berber people, Nonetheless, the parties of the democratic plurality of languages, and multiculturalism. bloc and national movement issued three At the beginning of this century, the demands for constitutional reform to the Al Wafa Association for Democracy and the royal establishment between 1991-1996. As movement for constitutional reform made for the coalition parties that formed part of clear demands for reform. In a document the government majority , their support was ratified at a public gathering held in Rabat always behind the reforms proposed by the on January 27, 2002, the demand to define monarch accompanied by rejections of the the functions of the royal and parliamentary suggestions made by the opposition parties institutions and give the most important or the parties of the national bloc. powers to the government institution representative of the parliamentary majority Instead, civil society plays an important role was outlined. A parliamentary monarchy, in driving and enriching the debate on according to this association, was the only constitutional reform, including human model that would allow a compromise rights groups, feminist associations, and between the principles of an inherited other political organizations. With the monarchy and a democracy. There was also announcement of every constitutional a demand for the king’s special powers to be amendment, the country’s human rights defined in the areas of security, religion, and organizations have formulated a set of external affairs as well as his veto right. All proposals, such as the proposal to stipulate other powers would be derived from the the superiority of international human rights government. agreements over internal law, and the proposal to guarantee constitutionally the The media has also played an important role, rights and freedoms of citizens. 7 For their especially the independent press in its coverage of the subject of constitutional 7 At the seventh conference of the reform, through debates and questions Moroccan Association for Human Rights on directed at researchers and academics on this April 1 and 10, 2004, the slogan of the subject. The maturing of civil society and the increased role of the media have, in the conference was “For a constitution to view of many, made the independent press benefit human rights.” 6 the new opposition, especially after the entry members, half of whom were drawn from of the “traditional” opposition into the among the members of the Consultative political game. However, the parties of the Council for Human Rights. democratic bloc have continued to demand constitutional reform, for example the Perhaps more significantly were the reforms demand made by the Socialist Union for changing the nature of the Moroccan Popular Forces after the local elections of political system. While the first three 2009. constitutions had given the regime the character of an imbalanced Contents of the Constitutional Reforms presidential monarchy, the constitutional reviews of the 1990s set the country on the The Moroccan people voted by a trend of developing gradually a referendum on two constitutional laws in parliamentary monarchy by establishing 1992 8 and 1996. 9 The amendments passed more balance between the legislative and covered a wide range of domains, including executive authorities. In comparison with human rights protection, the gradual the image of the previous constitution, the progression to a parliamentary regime, 1992 constitution, consolidated by the 1996 financial regulation, and the process of one, constitutes a new phase moving decentralization. towards strengthening the representative institutions and the role and status of the In the field of human rights, the preamble to prime minister. the 1992 constitution pledged the country to adhere to the principles, rights, and The various gains enjoyed by the obligations outlined in the charters of parliamentary institutions over the last two international organizations and its constitutions include an enlarged scope determination to abide by universally of parliament's supervision of the defined human rights. Following the government. This is the most important of demands made by the parties of the its responsibilities, since the government, democratic bloc in 1991, an independent after its appointment by the king, must attain constitutional judiciary body was created in the confidence of the majority of the Morocco, responsible for supervising the Assembly of Representatives. Indeed, the constitutionality of the law. The new body accountability of the government to the king would consist of six members appointed by and the Assembly of Representatives, the king for a period of nine years, and guaranteed in the 1992 constitution, was the another six appointed by the heads of the most important reform in terms of two parliamentary chambers (three each) for transforming Morocco from an imbalanced the same period, after consultation with the presidential monarchic regime to a nascent parliamentary groups. In addition, in 2004 parliamentary monarchy. The parliament the king approved the creation of a Justice was further strengthened by becoming a and Reconciliation Commission with sixteen bicameral institution in 1996.

8 On September 4, 1992, there was a Financial regulation also comprises another referendum on the proposed constitution domain of constitutional reform. The 1996 which resulted in 99.96% of voters saying constitution worked to improve the “yes” and 0.4% of voters saying “no.” The transparency of financial matters. The High voter turnout was 97.29%. Council of Accounts, which was 9 On September 13, 1996, the Moroccan created according to royal decree in 1979, people approved by a referendum the became a constitutional institution through amendment in 1996. This council proposed constitution of 1996 with 99.53% supervises the implementation of financial of votes in favour. 7 law, and oversees financial dealings of Democratic Socialist Vanguard Party, and institutions subject to supervision in the National Congress Party. Through the accordance with the law. In addition, the slogan "No to Corruption, Yes to Change" council punishes, when necessary, any the alliance's general program stressed the infringement of these rules and gives the need for constitutional reform for the sake of king a statement of all its undertakings. transition to a parliamentary monarchy, Administrative district councils were also through withdrawing powers from the royal created, which supervise the accounts of establishment and strengthening the role of local groups and how they organize their the government. The same demand was affairs. mentioned in the Socialist Party's program, under the slogan "Together we are Building Elections and Renewed Demands for Morocco for the Future" and under the Reform heading "Political, Constitutional, and Institutional Reforms: The Transition from In addition to political and human rights an Executive Monarchy to a Democratic associations, who make suggestions for Parliamentary Monarchy." constitutional reform a part of their slogans, demands for reform are issued when the In contrast, the issue of constitutional electoral programs of the political parties, of amendment did not feature in the electoral both the majority and the opposition, are campaigns of the Popular Movement Party formulated. Shortly before the legislative or the Constitutional Union Party. elections of 2007, the political parties, as Nonetheless, all parties of both the majority part of their electoral campaign, set about and the opposition agree upon the need for publishing their electoral programs in the constitutional reform responding to the press and on the internet. This allowed requirements of an enlarged administrative people to know their intentions and plans for district. In addition, after progression in the the upcoming term in office, 2007-2012. field of decentralization since the 1992 Under the heading "Morocco, the New constitution, the current discussion on Generation of Reforms to Safeguard the constitutional reform focuses on the Democratic Future: Strengthening the possibility of self-rule for the Western Foundation of Good Governance" the Sahara, and how this type of administrative reform program of the Socialist Union for district could be included in the Popular Forces party was made up of 492 constitutional document. 10 The demands of points revolving around the strengthening of these parties thus share certain basic the powers of parliament in the fields of features, and the debate on constitutional legislation and supervision, as well as reform has come to affect them all, be they consolidating the powers of the government of the left, right, or center. The positions of and the prime minister. The Independence the parties on this subject vary, with some Party also included in its electoral program considering the need for constitutional demands concerning constitutional reform, reform to be fundamental, and others seeing which focused on improving the position of no need for reform, stating that the positive the prime minister and governmental features that already exist in the constitution institutions, and on developing local and are not applied. 11 regional district governance. As for the Party for Progress and Socialism, it also 10 The royal address at the opening of the indicated the need to strengthen the parliament’s winter session on October 8, institution of the prime minister and the 2008 focused on the idea of such an second chamber of parliament. Similar administrative district. demands were emphasized in the program of 11 The powers of the prime minister, for the Union of the United Socialist Party, the example, are not applied, according to the 8

These are the most important elements of the constitutional amendments of the 1990s, Factions Seeking Constitutional Reform and the most important features of the current debate on the subject of Different actors within Bahrain participated constitutional reform. Despite the lack of in the reform initiative. In comparison with reforms affecting Morocco’s constitutional other elements of Bahraini society the arrangement, the prospects for the future are associative sector appears to be weak in its positive, especially with the maturing of the demands for reform at the present time. opposition parties’ demands and the However, the activity of feminist growing role of civil society. movements has been significant in aiming to improve the constitutional rights of women. Bahrain: The National Action Charter as The Bahraini intellectual elite have also a Basis for Constitutional Reform played an important role in demands connected with constitutional reform The experience of constitutional amendment through their participation in the debate and in Bahrain has special importance attempt to apply the experiences of foreign considering the country’s role as a pioneer countries. among the Gulf states and the struggles that In the absence of political parties, the have taken place prior to the agreement on political organizations, founded in these amendments. After Bahrain gained accordance with the law, played a independence from Britain in 1971, a significant role in clarifying the importance constitution was established, composed of of the demand for reforms and their 108 articles guaranteeing the establishment constitutionality, including the National of an elected legislative body composed of Democratic Action Organization, the one chamber, the National Assembly. Central Arab Islamic Organization, the However the constitution was suspended National Islamic Platform, and the Al- from 1975 and was not reinstated until 2002, Wefaq National Islamic society. Since the having undergone some essential changes. middle of the last century, the Bahraini The constitutional amendment of 2002 opposition represented in the National Unity followed a public referendum on the Bloc has proposed a political program in an National Action Charter held in February effort to transcend the effect of sectarian and 2001, in which 98.4% of participants voted tribal divisions. However, despite Prince in favor of the document. Hammad ibn Sulman al Khalifa’s announcement in 1999, when he came to Various internal and external factors created power after the death of his father, of a new the backdrop for the constitutional plan for change, he did not clarify his amendment, which was discussed by position with regards to the “Constitutional different Bahraini organizations. External Petition Committee” demanded by the factors included the internationalization of opposition forces, which focused on human rights and increasing international restoring constitutional parliamentary rule. pressure from governmental and non- Nonetheless, the most important actor in the governmental organizations that Arab implementation of constitutional reform has countries, including Bahrain, should work to indeed been the head of state, the prince of promote democracy and freedom. This was Bahrain, who paved the way for in addition to the effects of the first and constitutional change with the National second Gulf wars on the region. Action Charter, elements of which appear to have been borrowed from the Jordanian plan leader of the Popular Movement Party, for reform. The Bahraini people agreed almost unanimously upon the document in Amhanad al-Ansur. (In a statement in the February 2001. Various important measures national newspaper on April 22, 2009). 9 preceded the referendum on the National constitution is not abolished, then the Action Charter: the State Security Law and respect and execution of Article 104 is the State Security Court were abolished, obligatory 13 , and as is consequently a political prisoners were released and exiles hereditary basis for power. allowed to return, and certain civil liberties - especially women’s rights to candidacy and Those in favor of the amendment and the voting - were expanded. overriding of Article 104 pointed out that that the 1973 constitution was suspended in The National Action Charter became an 1975, and was followed by the dissolution of important guideline for constitutional the National Assembly. Since Article 104 reforms. However the Constitutional was enacted on August 26, 1975, in Petition Committee, formed at last in 1994, accordance with stipulations connected to issued a statement signed by close to 25,000 the National Assembly, which was by that citizens - men and women, Shi’is and time functionally absent, Article 104 could Sunnis, different political and ideological not be effective. The National Assembly groups - demanding the restoration of the was dissolved less than two years after its 1973 constitution and parliamentary life. 12 creation following differences with the Indeed, a large debate was launched government over a law concerning the regarding the very right to amend the management of state security. This period constitution in the first place. of dissolution, they argued, exceeded a quarter of a century, during which time the The Bahraini Constitution of 1973 stipulated country had no constitution. Moreover, the the procedures to be followed in case of its executive power held on to some of the amendment. Article 104 states: 1) That any functions of the legislative authority, amendment shall be passed by a majority popular participation was absent, and the vote of two-thirds of the members practice of some freedoms was obstructed. constituting the Assembly and ratified by the Despite these arguments, those opposing Amir; 2) If a proposed amendment to the constitutional amendment maintained that Constitution is rejected, it shall not be put Article 104 was the only way that the forward again before the lapse of one year reforms stipulated in the Charter could be from the time of its rejection; 3) Under no authorized. circumstances shall the principle of hereditary rule of Bahrain, the principle of liberty and equality set forth in this The Power of the National Action Charter Constitution, as well as Article 2 thereof, be proposed for amendment; 4) The powers of With regards to the power of the National the Amir, specified in this Constitution, may Action Charter, there were two opposing not be proposed for amendment when a Deputy Amir is acting for him. The debate concerning the legality of amending the 13 Among the personalities that tended constitution thus focused on Article 104 of towards the view that amendments to the the 1973 document. Those against the constitution should only be made in proposed reform held that as long as the accordance with the constitution were Ali Qasim Rabia (former representative), 12 The Constitutional Petition Committee Hassan Rady (a lawyer), Isa Ibrahim and issued its statement after the assurances Abdullah Shumallawi (also lawyers). For given by the minister of justice that the more information on their views, see the constitution is a higher authority than the book Critical Observations on the Charter and the creation of an elected Constitutional Amendments in Bahrain (Dar council which holds legislative authority. al-Kounouz al-Adabiya 2002). 10 trains of thought. On one hand were those fundamental points were covered in the who stated that that the Charter should be a constitutional review of 2002. The first guideline for constitutional law, since it point concerns the substitution of the term expressed the will of the people. On the “Kingdom” for “Emirate” which led to the other hand were those who countered that substitution of the title “King” for “Prince,” the constitution alone was the most elevated and the replacing of the term “State of document of the state and could not be Bahrain” by “Kingdom of Bahrain” which subject to the document. The committee led to a change in the first article of the responsible for formulating the constitution, in accordance with the sixth constitutional law came to the conclusion chapter of the National Action Charter (the that the National Action Charter was of the first clause). The second point concerns the same standing as the constitution or higher, creation of a bicameral assembly and the since it was issued as the result of a founding of a second chamber in the referendum of the people and should thus be Bahraini parliament. the basis for a constitutional amendment. The prince entrusted, in accordance with The creation of a bicameral assembly was Decree 5 of 2001, the formulation of a law mentioned for the first time in the National for constitutional amendments to an expert Action Charter. The experience of consultative committee. The head of the disagreement between the government and committee was to bring the proposed law on the National Assembly in Bahrain’s first amendment to the prince accompanied by an parliamentary exercise, which led to its explanatory report, as well as the various dissolution and suspension of the studies and different opinions on the subject. constitution in 1975, perhaps influenced The committee sought help from ideas for a bicameral assembly. The debate constitution experts from a number of which followed the creation of the bicameral countries and debated the subject of the parliament was concerned with the extent to procedures that needed to be followed to which the amendments of the 2002 amend the constitution, and amendments constitution respected the principles that needed to be made in conformity with stipulated in the Charter. The Charter stated the National Action Charter. that the first chamber of the National Assembly should be elected by citizens in Contents of the Constitutional Reforms free elections, and should undertake legislative functions, alongside an appointed The constitutional amendments in Bahrain council consisting of experts and specialists were characterized by a focus on the to be consulted on the basis of their principle of democracy through the knowledge and experience (see the fifth supporting of citizens’ rights and freedoms chapter of the Charter) 15 . However, the (such as ensuring the right to equality between the sexes), focusing on decentralization and local development, founding a constitutional judiciary, and Financial Affairs; chapter 6: General and regulating financial affairs. 14 Two Final Provisions. 15 The National Action Charter, which was voted upon on February 14 and 15, 2001, is 14 The constitution of Bahrain is composed composed of seven chapters. The first is of 125 articles, which make up six chapters: concerned with the basic principles of the chapter 1: The State; chapter 2: Basic society, the second with the government Constituents of Society; chapter 3: Public system, the third with the economic Rights and Duties; chapter 4: Public fundamentals of the society, the fourth with Authorities’ General Provisions; chapter 5: national security, the fifth with democratic 11 constitutional reform made the powers of the made in accordance with the wish of the two chambers equal. Article 70 of the parliament but in accordance with the wish constitution stipulated that “no law should of the king only. Thus despite the efforts to be issued unless both the Consultative transform Bahrain from a hereditary emirate Council and the Council of Representatives, to a constitutional monarchy, the 2002 or National Assembly according to the constitution has left it a mixed regime. situation, agree upon it, and it is ratified by the king.” Thus legislative powers are Besides reform of the parliament, the exercised by both the Council of reforms also include the expansion of a Representatives and the Consultative variety of rights and freedoms. The first Council. Equally, Article 81 makes it article of the constitution called for equality obligatory that draft laws should be shown between men and women in terms of to both chambers, stipulating that the political rights and participation in general Consultative Council has the right to accept, affairs, while the second paragraph of the modify, or refuse a draft law. fifth article stipulates that the state must guarantee a conciliation between a woman's It was thus noticed that the constitutional duties towards her family and her work in amendment contradicted what was stipulated society, and her equality with men in the in the Charter: that legislative power should political, social, cultural, and economic be exercised by the Council of spheres, without violating Islamic law. 16 It Representatives alone, with help from the is worth pointing out that the principles of members of the Consultative Council. In freedom and equality have come to have addition, the new constitution gave constitutional status similar to Islam, the preponderant influence to the Consultative royal regime, and the Arabic language as Council in the case of disagreement between fundamental components of the Bahraini the two chambers by granting to the head of system and domains that may not be subject the Consultative Council the right to convey to constitutional review. The fifteen articles draft laws to the head of the Council of of the third paragraph of the constitution Ministers in order then to convey them to saw changes regarding freedom of opinion, the king (Articles 83 and 86). As for the academic research, the press, publishing, supervisory role of the government, both communication, as well as the freedom to chambers have the right to question, while form associations and trade unions, and the only the Council of Representatives has the right to private and public gatherings and right to undertake the political responsibility processions. This is apart from other of government. fundamental rights such as the right to healthcare and obligatory free education, The elected chamber of the National and the right to work in fair conditions. Assembly, the Council of Representatives, does not constitute a numerical majority as both chambers consist of 40 members. 16 In Bahrain, women constitute one- Likewise, the length of duration in office, quarter of active inhabitants and the four years, is the same for both. The lack of presence of women is notable in the trade an elected majority in the National unions. After women were granted the Assembly means that the Bahraini regime is right to vote, the level of their participation far from having a parliamentary character in the municipal elections reached 51% and is closer to a presidential regime, despite the fact that none of the 31 female especially as the choice of ministers is not candidates won, as was also the case in the municipal elections of 2006. Bahrain is life, the sixth with Gulf relations, and the ranked 37th according to the 2003 Human seventh with foreign relations. Development Report. 12

One of the fundamental targets of the traditional state. The amendments had constitutional amendment in Bahrain in numerous effects, paving the way towards 2002 was the creation of a constitutional democracy and fostering development in judiciary specifically for the supervision of different areas, as well as improving civil laws and bills. Equally, the new Bahraini liberties and the position of women in constitution strove to guarantee good society. conduct within two fundamental practices: the right to transfer, and the necessity of Since the new constitution, a number of civil court reports. With regards to the right to society organizations have been formed. In transfer, in addition to the king having the the summer of 2001 the Bahraini Feminist right to transfer draft bills before they are Union and the Feminist Association of issued to decide the extent of their Bahrain were founded; by the end of 2003, constitutionality, the amended article three hundred NGOs were registered in guarantees the right of the government, the Bahrain. 17 The voting on the new Council of Representatives, and constitution in 2002 was also accompanied the Consultative Council, as well as others by the unification of the opposition forces, to make an appeal to the court over the composed of four political associations (the constitutionality of laws and bills. The most important being Al Wefaq Islamic extension of the right to transfer to citizens, Association, the Progressive Democratic "notable individuals and others," means Platform and the Democratic Action that Bahrain’s supervision of the organization). While they boycotted the constitutionality of laws is comparable to parliamentary elections of 2002, the first advanced regimes, such as Germany and the parliamentary elections to be held in the United States. The second practice, also in country since 1973, they participated in the the field of constitutional jurisdiction, second elections of October 2006, when the concerns the necessity for court reports for Shi'ite Al Wefaq Islamic Association won all state authorities. 17 mandates out of the total of 40 elected representatives. The Sunni Islamic In addition, the new constitution of 2002 organizations won the rest of the seats, while includes an amendment concerned with the leftist Democratic Action organization financial affairs through the addition of an did not win any. article concerning the creation of a council for financial supervision. The council was In addition, women’s visibility in decision- created in order to establish transparency in making roles received an important boost. the financial domain, as the new body As a consequence of the constitutional presents to the legislative and executive guarantee of women’s rights to vote and run authorities a report every year concerning as candidates, the king initially appointed the entirety of its actions and observations. six women to the Consultative Council, followed by ten female appointments in The Effect of the Constitutional Amendments 2006. Meanwhile 34 out of 320 candidates for the local elections in 2002 were women The modernization of constitutional and as were 8 out of 174 candidates for the institutions through the reform of 2002 was legislative elections in the same year. In achieved through the alteration of the nature 2006, out of 206 candidates for membership of the presidential institution, the establishing of a bicameral parliament, and 17 According to the Ministry of Labour and the modernizing of financial affairs, not to Social Affairs, 65 new civil organizations mention the expansion of rights and were founded during the year 2002, freedoms. The reforms can be characterized including 11 political associations and 13 as a “state of institutions” taking the place of associations for the free professions. 13 in the Council of Representatives, 19 were Likewise, despite the first multi-party women, with one being successfully elected elections taking place in 1959 immediately to the Council. In addition to the before Mauritania's independence in 1960, appointment of Bahraini women to the transformation to a single-party system ministerial posts and in legal and diplomatic in June 1965 accorded to the People’s Party areas, a Supreme Council for Women 18 was powers overriding those of the state and formed in 2005 as part of the national administrative organizations. strategy to encourage women's complete participation in decision-making bodies in After the People's Party's emergency the both the public and private sectors and to conference in the first week of July 1971, or end discrimination against them. Bahrain what was later called the "corrective" was among the countries that signed conference, the party attempted to define a an agreement to end all forms of new basis for the state. The reforms discrimination against women in 2002, and emanating from this event led the country to similarly a protocol was signed between the join the Arab League in 1973. However, the United Nations Development Program and regime of Ould Daddah was soon exposed to the High Council for Women in April 2005 strong left wing and national opposition, and to strengthen mutual cooperation. despite the attempt to respond by nationalizing certain iron companies and Although the constitutional amendments reviewing military arrangements, fulfilled some of the demands made by the developments in the Sahara region and a voices calling for reform, they also to some worsening of the security and economic extent preserved the existing system with situation led to a phase of military rule in regards to the system’s principle actor. Mauritania from 1978-1991. Over six years, While the National Action Charter answered from 1978-1984, power passed between four some of the demands of Bahraini society, presidents, either by military coup (1978, especially concerning rights and civil 1984 19 ), or by power struggle (1979, 1980). liberties such as the freeing of prisoners and As such, there was no breakthrough in the return of exiles, today's demands focus Mauritania until the 1991 constitution was more on the devolution of power and the issued. guaranteeing of equal citizenship for all. The succession of serious economic crises in Mauritania: Circulation of Power and Mauritania, especially the withdrawal of Moving towards a Parliamentary Regime external aid and the increased level of debt (which reached a billion dollars in 1986) The evolution of constitutional texts in were mirrored by internal problems resulting Mauritania shows the development of its political regime. While the first constitution 19 of 1959 had the character of a parliamentary Muhammad Ould Salek led a coup in republic, a presidential regime was quickly 1978, which was swept away by another established in which the head of state coup in 1979 led by Muhammad Mahmoud enjoyed wide ranging executive and Ould Louly. Power was settled in the hands legislative authorities, from 1961-1978. of the President Muhammad Khouna Ould Haidalla, who in the same year formed a 18 In 2001, Prince Sheikh Hamad bin Isa Al civilian government and put in place a plan Khalifa formed the Supreme Council for for a constitution to guarantee political Women from fourteen experts in women’s plurality. However the plan was never issues. At the head was the wife of the realized since his regime was overturned by Prince, Sheikha Sabika bint Ibrahim Al a military coup on December 12, 1984 led Khalifa. by General Mu’awiya Ould Taya. 14 from tribal divisions and student government’s responsibility before the demonstrations protesting the lack of National Assembly. employment. All these factors contributed to the political order’s inability to rule and to With regards to the parliament itself, apart the near outbreak of civil war, which pushed from the supervisory powers that were the president to undertake constitutional pledged to the Assembly, the legislative reforms. Different political parties jurisdictions of the institution were also participated in the debate on this subject, as strengthened by the constitutional did some elements of civil society such as amendment. The legal domain was the Women’s Alliance. At a general level, expanded to include numerous subjects, the political reforms that took place in among them the regional partitioning of the Mauritania in 1991 and 2006 were similar to country and general rules for organizing other reforms that took place in the Arab national defense. world. The powers of the Mauritanian government Contents of the Constitutional Reforms were also expanded in the field of diplomacy, since power to ratify The Mauritanian constitutional amendment international treaties and agreements of 1991 gave the regime a number of belongs to the Mauritanian government. parliamentary characteristics, which were This power is not limited to matters basically manifested through a dual concerning the finances of the state, as is the governing apparatus and the strengthening case in the other North African countries of the legislative institution. This marked a (Morocco, Algeria, Tunisia) but also gradual progression towards a parliamentary includes peace and unity treaties, market regime while still maintaining the president treaties, and agreements concerned with in premier position. The constitution placed international regulation, treaties replacing at the president’s side a prime minister in the stipulations with a legislative character, and role of the head of government; structurally, those connected with the borders of the however, the independent body exercised state. only a small part of executive powers, the most important ones being left to the Similar to many of the Arab countries, president. Article 42 of the constitution Mauritania devoted itself at the beginning of shows characteristics of a parliamentary the 1990s to the support of citizens’ rights order with its assurance that the prime and freedoms, whether through defining minister defines the policy of the certain guaranteed rights, granting treaties a government under the supervision of the higher status than laws, or granting the president, and that he divides the tasks constitutional court the power to supervise among the ministers and directs and the extent of the constitutionality of laws. coordinates the activity of the government. The introduction to the Mauritanian The 1991 constitution also stipulates rules constitution assured its commitment to for members of the government in terms of democratic values as defined in the activities exercised. It deems that members International Declaration of Human Rights of government must not exercise any (1948) and the African Covenant for Human parliamentary mandate, any function of Rights (1981). The constitutional professional representation of a national amendment of 1991 defined a variety of character, or hold any other employment, rights which are guaranteed to the whether public or private. This is one of the Mauritanian people, including the right to fundamental new points in the 1991 equality, freedoms and basic human rights, amendment. In addition, the constitutional the right to property, political freedoms, reform of that year enforced the freedoms for trade unions, economic and 15 social rights, and rights connected to the centers, and two attempted coups d’état. On family, the basic unit of Islamic society August 2, 2005, a successful coup took (section three of the introduction to the 1991 place, which had clear support from the constitution). people and equally enjoyed regional and international acceptance. In accordance Apart from these, the state guarantees, in with its pledge to bring power to civilians accordance with the tenth article of the and to continue with the democratic constitution, public and individual rights to transformation, the Military Council for the citizens, such as the freedom to travel Justice and Democracy pursued its efforts to and settle in all parts of the state’s territory, restore constitutional order through a freedom of entry into and exit from the referendum on an amendment guaranteeing national territory, freedom of opinion and rotation of power after a period not expression, freedom of assembly and exceeding two years. In addition, this group association, freedom to belong to any guaranteed that local and legislative political or labor organization of one’s elections would be held in November 2006, choice, the freedom of commerce and elections for the in Senate in January 2007, industry, and freedom of intellectual and and presidential elections in March 2007. artistic creativity. Mauritanians showed great satisfaction with the constitutional amendment of 2006: the The constitutional amendment of 1991 also interior ministry disclosed that the created an independent judiciary assigned to referendum obtained the support of 97.97% the Constitutional Council whose six of voters, a referendum carried out under the members supervise referendums and supervision of the Arab League, the African presidential elections, and also settle Union, and the European Union. The disputes concerning legislative elections. constitutional amendments and changes This body is also charged with determining were implemented either through elections the constitutionality of laws if asked to do so or legal orders in various domains. by the president of the republic, of the National Assembly, of the Senate, or by one After the ratifying of the new constitution, third of the representatives of the National the Mauritanian political sphere saw a Assembly or one third of the members of the succession of elections at the local and Senate. The amendment also ensures that national levels, and elections for the Senate. the Council checks the constitutionality of As promised, municipal elections took place international agreements. If it announces in November 2006, in which 1,212 lists of that there is an article which is contrary to political parties and independents competed, the constitution, the treaty is not ratified or with a 73% rate of voter turnout. At the agreed upon unless the constitution is same time, parliamentary elections were reviewed. held for the 95 seats in the National Assembly. 20 17% of the deputies elected Despite the relative progress at the level of were women. Elections to the Senate were human rights brought about by the held in January and February 2007 for 56 constitutional amendment of 1991, the seats, three of which represent Mauritanians atmosphere was quickly weakened abroad in accordance with Article 47 of the following the exceptional circumstances that the country underwent from 2003-2005. This had a serious effect on human rights, the most prominent manifestations of which 20 The elections resulted in notable progress were the dissolution of a number of political for the parties of the coalition forces for parties, the arrest of nationalist and Islamist democratic change, which gained 51 seats, political leaders, the closing of research in contrast to 38 seats for independents. 16 constitution. 21 As for the presidential concerned with the rights of women and elections, which represented the final stage children were founded. The position of in the transfer of power to the citizens, they women was improved through their were held in March 2007 under international increased participation in public affairs, supervision, with 19 candidates for the improved representation in parliament and position of president. Sidi Ould Cheikh local councils, and membership and Abdallahi and Ahmad Ould Daddah leadership in political parties. A decree was received the most votes, with Sidi Ould al also issued by the ruling military council Cheikh Abdallahi winning in the second assuring the independence of the judiciary. round. The new president began a process Despite the effort to democratize the of returning refugees and exiles who had Mauritanian political order through been persecuted during the rule of Ould al constitutional amendments, increased Taya. And unlike constitutional concern for rights and freedoms, and amendments in many Arab countries that devolution of power, the efforts to aimed to keep the president in power encourage democracy have not been very (Tunisia, Algeria, Egypt, and Syria), the successful. This is due to the unsuitability constitutional amendment in Mauritania of the Mauritanian political environment, guarantees a limited duration in office: economic and social stagnation, a lack of although the 1991 constitution already awareness on the part of the majority of limited the president’s mandate to six years, Mauritanian citizens, weak performance by this was reduced in the 2006 constitution to the political parties, divided loyalty of five years, renewable once only, meaning citizens between party and tribe, and the that the president cannot stay in office lack of a principled agreement between the longer than ten years. It equally stated that majority and opposition on the rules of the candidates for the presidency may not be political game. These factors have led to the older than 75, a clause not subject to strangling of every attempt to promote constitutional review. democracy, as shown by the coup of Mohamed Ould Abdel Aziz over The constitutional reforms were also Muhammad Ould Cheikh Abdallahi, who accompanied by amendments to electoral was the first civilian to take office in laws. A national bloc was founded, nineteen years. The presidential elections of composed of 14 deputies, and women were 2009 were won by Ould Abdel Aziz, raising granted a quota of 20% of seats in the local questions over the coming constitutional councils and the National Assembly. amendments. Another legal change made with the goal of enhancing the parliamentary regime was the Egypt: Political Diversification in the proposal to choose a leader among political Light of "Pluralism" groups to represent the opposition. Other changes concerning human rights law Egypt is among the Arab countries with the widened the margin of rights and freedoms. most extensive constitutional experience, The National Council for Human Rights and with each version of its constitution a group of associations and NGOs reflecting different political and social circumstances. Looking at the document’s 21 In the elections for the Senate, 170 evolution, it appears that some features are electoral lists competed, of which 118 were constantly changing, with the amendments independent candidates, 37 were party sometimes characterized by progress and lists, and 15 were lists presented by political sometimes by regression. While the alliances. The final results were a victory constitution of 1882 had the characteristics of a parliamentary regime, and that of 1923 for the independents with 34 seats and 14 emphasized rights and freedoms, the 1930 seats for the opposition. 17 constitution took a step back by returning lengthening the president’s term in office, absolute power to the king and by restricting the 1980 amendment further strengthened rights and freedoms. The document of 1956 the institution of the presidency by assuring established a mixed order (with the prime that one third of the People's Assembly (the minister as head of state) and stipulated the lower house of parliament) would be socialist nature of Egypt, to be followed by appointed by the president, while the the 1964 constitution which went in the constitution of 1964 stipulates that not more direction of establishing a "parliamentary" than ten deputies may be appointed by him. order while maintaining a socialist outlook. The constitutional amendment of 1980 also After Egypt’s defeat in the 1967 war and the decreed the creation of second chamber of death of Abd el Nasser in 1970, and during parliament, the Shura Council, with two- the struggle that took place between Sadat thirds of its members to be elected by direct and the opponents of the regime in May public vote and the remaining third to be 1971, a new constitution was drafted by a nominated by the president. Among its committee of the National Council responsibilities, the Shura Council is to be consisting of legal, religious, and political consulted on proposals to amend articles of experts and academics. This led to the the constitution. 22 However the two adoption of a new constitution in 1971 chambers do not have the same powers in following a public referendum, to be the legislative and supervisory domains: amended again in 1980 by Sadat following only the Shura Council has the right to give another public referendum. its opinion on draft bills, public plans for In the late 1970s, when Egypt’s political development, and treaties; responsibility for system and economy became more open as a the government remains with the Peoples' result of the Camp David Accords, President Assembly. 23 Sadat tried to conform to external demands for political reform, in particular with the Despite these sweeping changes to the United States. The constitutional political system, further amendments were amendment of 1980 incorporated these made in 2005 and 2007. reforms in addition to strengthening the institution of the head of state, establishing Factions Seeking Constitutional Reform political plurality, and creating a bicameral parliament. The fifth article of the A large cross-section of Egyptian political constitution was amended to stipulate that and civil society has always been behind the the country’s political system is a multi- demand for reform. Almost all Egyptian party one, with political parties regulated by political forces were unanimous about the law. need to amend the 1971 constitution. Likewise, a statement was issued in 1991, Another fundamental amendment in 1980 was Article 77. The new article stipulated that "the term of the Presidency is six 22 There were 80 principles which were Georgian years starting from the date of the considered the general rules for formulating announcement of the result of the plebiscite. the new constitution along with its texts The President of the Republic may be and articles. The present Egyptian elected for other successive terms." The constitution of 1971 contains 193 articles. amendment of Article 77 is considered a 23 Article 201 of the new seventh chapter regression from the gains made in the 1964 created by the amendment of May 22, 1980 constitution and was the reason for strong stipulates that “the Prime Minister and his opposition from members of the opposition, deputies and ministers and other members especially the Muslim Brotherhood and the of the government are not responsible Nasserite movement. Apart from before the Shura Council.” 18 entitled “The Constitution We Are Contents of the Constitutional Reforms Demanding,” signed by the heads of the opposition parties in the presence of the The demands for change to the Egyptian head of the Muslim Brotherhood. The constitution in 2005 made by actors of civil national forces and movements also society and parties of the opposition attempted to mobilize the street behind them centered on improving human rights and to effect change on the political scene. In freedoms and extending eligibility to the 2004, the movement for change, "Kifaya," presidency to more than one candidate. The appeared. Made up of different figures from demands can be summarized as follows: the Egyptian elite, the movement was able to convey the demands of citizens that • The establishment of human rights in sought political change with their slogan Egypt in accordance with Islamic law "No to Extension, No to Heredity." and international agreements. Meanwhile, internal pressures that had • Regulations to limit the declaration of begun at the start of the 1990s resulted in an a state of emergency in the country. important change that saw the supervision of • Freedom to form political parties elections transferred to the judiciary without the requirement of according to a law issued by the High Court agreements. in 2000. Following the parliamentary • Procedures to ensure good execution elections of 2005, the judicial supervision of of public elections and referendums the election led to the discovery of some including judicial supervision. fraudulent results, and thus important gains • 24 The creation of a government of which for the opposition. There were also the majority is chosen by free vote. frequent demands by intellectuals and • The granting to the People's Assembly academics for constitutional reform, such as the right to amend the budget, and the demand put forward by Ibrahim Shehata, granting of legislative powers to the deputy-president of the International Bank Shura Council. and writer of papers such as "My Will for • Election of the president by a direct my Country" and "Towards a New public election between more than one Constitution." Another example is the effort candidate. of Muhammad Usfur who proposed a new constitution. The faults of the Egyptian Facing mounting demands for reform in constitution were also summarized in a Egypt, President Mubarak took the Egyptian document formulated by the parties of the people by surprise with his directive to the opposition. 25 People’s Assembly to undertake constitutional reform, especially with 24 From around 415 seats in the People’s regards to Articles 76 and 179 (concerned Assembly, the opposition gained 102 seats respectively with the circumstances for candidacy to the presidency and the socialist in the 2005 elections, of which the Muslim public prosecutor). Nonetheless, the Brotherhood gained the lion’s share with 88 constitutional amendments of 2005 were seats. The parliamentary opposition was considered by the opposition forces to be formed of the Muslim Brotherhood (as phantom amendments given that their independents), the Wafd party, the Progressive National Unionist Party, and the Party for Arab Pride. following his statements on the Egyptian 25 The arrest of the opposition regime and the need for political reform are representative Ayman Nour, president of among the internal reasons that played a the Tomorrow Party, at the beginning of role in the push for reforms to the 2005 and the arrest of Saad Eddin Ibrahim constitution. 19 reproduction of an authoritarian regime had In his letter to the People’s Assembly, made a mockery of the demands for reform. President Mubarak gave the following For example, the Muslim Brotherhood saw reasons for his proposal: the proposed constitutional amendment as a political farce since the revised Article 76 • To ensure conformity between the stipulated the election of the president articles of the constitution and the through a direct secret ballot, but placed economic, social, and political severe restrictions on candidates, changes. particularly independents. As such, the • To forbid political activity within a opposition forces continued to demand true religious frame of reference. constitutional reform. These demands took • To consolidate the role of the parties the form of demonstrations and protests. In and strengthen women’s an atmosphere of heightened tension, representation in the People’s leading representatives of the opposition Assembly and the Shura Council. took the initiative and proposed • To achieve a balance between the constitutional changes. However, this was legislative and executive authorities. overridden by Mubarak’s proposal to amend • To strengthen the powers of the Article 34. Debates on the President’s Council of Ministers. proposed constitutional reforms in the • To remove the State of Emergency People’s Assembly were boycotted by the and issue a permanent law to fight opposition parties: the New Wafd Party, the terrorism. Progressive National Unionist Party, the • To further decentralization and Arab Democratic Nasserist Party, and the support the independence of the Muslim Brotherhood. judiciary. As stipulated in Article 189 of the Egyptian constitution, the president of the republic or Thirty four sections of the constitution were the People’s Assembly may request the amended in 2007. Apart from changes amendment of one or more articles of the affecting the economic system and the role constitution, stating the reasons for the of the state, the constitutional amendments desired amendment. After Mubarak were also concerned with the relationship outlined the reasons for his proposed between the authorities, and the field of amendments in a letter to the People’s rights and freedoms. Assembly, the parliament discussed the proposed amendments, with the People’s Nine articles were amended to establish a Assembly then approving the amendments new economic system. All references to in January 2007 with a clear majority of 316 “socialism” and “alliance of the working votes. A public referendum was then held in forces of the people” were removed, and the March, in which 27.1% of registered voters first article which stated that Egypt was a participated, according to official figures. “socialist state based on the alliance of the The constitutional amendments, including working forces of the people” was replaced the amendment to Article 34, were with a new definition of Egypt as “a 26 confirmed with a majority of 75.9%. democratic system based on citizenship.”

26 The definition of the Egyptian economy as a The opposition parties criticised the “socialist system” was removed and official figure for the rate of participation in replaced with a description based on the the referendum, stating that the rate of development of economic activity and social participation did not exceed 5% of the total justice. of those registered. According to these parties, this explains the lack of popular Representatives of the opposition make up satisfaction with the reform measures. 20% of the members of Parliament. 20

The amendment of 2007 also saw changes to decide the responsibility of the prime the legislative institution, how its members minister. 28 are elected, and some of its powers. The change to the electoral policy shows Despite the demands of the opposition progress, in a transition from a single system parties and the Muslim Brotherhood for a to a mixed system. However, despite the democratic parliamentary regime, with the fact that the new electoral system opens the government formed from a parliamentary door to independent candidates, Article 62 majority and with equal powers for the does not define the proportion of individual government and People’s Assembly while seats, which is an obstacle to independents maintaining symbolic powers for the gaining many spots. The intention was president 29 , the constitutional amendment of perhaps to prevent independent candidates 2007 was more orientated towards from the Muslim Brotherhood from winning consolidating the presidential regime, a large number of seats in parliament. despite the special status it gave to the prime Nonetheless, the change to Article 62 is minister. The office of prime minister was positive as it establishes a quota for women strengthened through legislative and in the two parliamentary chambers.

However, the constitutional amendment also saw some reduction in the powers of the 28 Article 127 of the Egyptian constitution stipulates parliament. The Shura Council lost its basic in accordance with its amendment in 2007 that “the right to give its opinion on proposed People's Assembly shall determine the responsibility of the Prime Minister, on a proposal by one-tenth of amendments to the constitution. The its members. Such a decision should be taken by the amendment to Article 88 was also a step majority of the members of the Assembly. It may backwards as it lessened the judicial not be taken except after an interpellation 27 supervision of elections. The amendment addressed to the government, and after at least gave more power to the parliament with three days from the date of its presentation. In the regards to the budget, with the People’s event that such responsibility is determined, the Assembly now able to amend expenses Assembly shall submit a report to the President of except those used to repay a specific debt on the Republic including the elements of the subject, the conclusions reached on the matter, and the behalf of the state. The powers of reasons behind it. It is to the President of the parliament were also strengthened in the Republic to accept the government's resignation or supervisory domain, with the amendment to to return such a report to the Assembly within ten Article 127 giving the parliament the right to days. If the Assembly ratifies it again with a majority of one-third of its members, the President of the Republic shall accept the government's resignation”.

29 This refers to the undertaking for political 27 In 2001 the Supreme Constitutional Court and constitutional reform in the abolished an election law because it did not programmes of the Wafd party, the satisfy the right of the judiciary to supervise initiative of the Supreme Leader of the the ballot centres in accordance with Article Muslim Brotherhood towards general 88 of the constitution (before the principles for reform in Egypt (March 2004), amendment): “the necessary conditions the undertaking of the Progressive National stipulated in the members of the People’s Unionist Party for political and Assembly shall be defined by law. The rules constitutional change in Egypt and its of election and referendum shall be proposal for an amendment to the 1971 determined by law, while the ballot shall be constitution, and the Tomorrow Party’s conducted under the supervision of a undertaking of programmes for political and judiciary organ.” legislative reform. 21 executive power-sharing with the president, the ruling party would be left without and by virtue of the president’s obligation to competitors in the presidential elections, consult the prime minister when issuing even though the basic aim of the amendment decrees with the force of the law, appointing was to allow the first multi-candidate and dismissing ministers, declaring a state of presidential elections in Egypt. emergency, and signing peace treaties and trade agreements. The amendment also The constitutional amendments of 2007 also granted the prime minister political saw restrictions placed on rights and deputyship, giving him the right to represent freedoms, with the amendment of Articles 5 the president should a temporary and 179. The third paragraph added on to impediment occur. Article 5 placed a restriction on the freedom to found political parties as it prohibited "the However, despite the strengthening of the pursuit of any political activity or founding second element of the executive apparatus, of any political parties within any religious these constitutional amendments did not frame of reference, or on any religious basis result in the establishment of features of a or on the basis of gender or origin." While parliamentary regime since they also the founding of any party with a religious preserved the superior standing of the basis was already prohibited, the new president, either by reinforcing his various paragraph was more comprehensive and powers, or by making obstacles to multi- extended this prohibition. The revised candidate presidential elections. The Article 5 prevents all possible ways for the amendment of Article 136 perhaps most Muslim Brotherhood to create a political significantly strengthened the president’s party and shows that the state is not ready power, allowing him to dissolve parliament for the integration of Islamists into the “in case of necessity” without a referendum. political order. This amendment faced In this case, new elections must be held no demands from the opposition for the more than sixty days after dissolution, and freedom to form any kind of party who saw the new parliament may not be dissolved for in it the continuation of the previous the same reason. situation of despotic rule.

The Muslim Brotherhood, effectively The amendment to Article 179 removed the prohibited from presenting a candidate to the institution of the socialist presidency by the amendment to Article 76 prosecutor as responsible for procedures in 2005, was not granted increased access guaranteeing human rights and replaced it following the amendment of 2007 as the with procedures undertaken by the state to right to candidacy was restricted to licensed fight terrorism. Although the amendment parties only. And while the candidacy of ended the state of emergency that Egypt had independents was permitted, this would been in since 1981, 30 the revised article require the endorsement of 230 elected establishes the right, for the purposes of officials from the People's Assembly, the fighting the dangers of terrorism, to suspend Shura Council, and the local councils – a sections of the constitution concerning requirement that also effectively barred the "freedoms, rights and public duties." While Muslim Brothers since they were not the socialist public prosecutor was the represented at all in the local councils or in authority to whom citizens could appeal the Shura Council, and their representation in the People's Assembly did not exceed 88 30 The emergency law gives the state wide seats. Despite the fact that the amendment ranging powers to detain suspects without to Article 76 grants parties of the opposition trial for long periods, gives it the right to try the right to presidential candidacy, it set citizens in a military court, and forbids such a stringent standard for eligibility that popular associations. 22 against the transgressions of the state, the touch other articles standing in the way of amended article grants to the president the reform, such as Article 77 which places no right to refer any accusation of terrorism to limit on the president's duration in office. In any court of his choice, which allows him to a joint statement, the Muslim Brotherhood, have civilians tried in military courts despite the bloc of independent deputies in the the fact that this is in violation of Article 68. People's Assembly, and the Wafd party The opposition parties and civil society announced their rejection of the proposed movements considered the amendment of constitutional reforms. Article 179 to have given the regime the characteristics of a police state, while Algeria: Extension of the Presidency and Amnesty International said in a statement the Single Executive Body that the amendments served to guarantee the continuation of the encroachments arising Since its independence, Algeria has had four from the powers granted by the state of constitutions. The first constitution of 1963 emergency and to provide an apparent was abolished two years later following legitimacy for the misuse of these powers. 31 Houari Boumédienne's military coup in 1965. Algeria was ruled for ten years after Did the Constitutional Reforms Respond to that without a constitution, and then Demands? a national covenant was put in place, which was reformed in 1989 and 1996. The Those calling for reform of the 1971 succession of constitutions reflects the constitution criticized it for concentrating difficulty in finding one that fits well with too much power in the hands of the the developments, transformations, and president and demanded the transfer of crises that have befallen Algeria's political powers to the government, the strengthening scene. As in the other Arab regimes, the of freedoms, and complete independence for institution of the head of state is the pivotal the judiciary. A response was given to the body in the political order. According to the demand of the opposition with the different Algerian constitutions, the amendment of 2005 which established president exercises wide ranging powers multi-candidate presidential elections. both in normal circumstances and Equally the constitutional amendments of exceptional circumstances, giving him a 2007 were considered a positive point status above other institutions. However, credited to the Mubarak regime as a unlike some of the North African regimes, response to the reform program so desired such as Mauritania, the last Algerian by the Egyptian people. Although the constitutional reform of 2008 took a step opposition parties welcomed the reform, backwards with regards to the reforms of the they considered it to be insufficient and 1989 review and especially the amendment merely a fraudulent gesture in response to of 1996. pressure. As proof of this, the opposition pointed out that the amendment did not Contents of the Constitutional Reforms

31 The assistant manager for the Middle Algeria's political path since independence East and North Africa programme in the clearly shows the strong presence of the organization explained in a statement: military institution as the backbone of the “Instead of asking the Egyptian deputies to country’s political order. Equally, vote on an end to the arrests, acts of the determination of political leaders and the torture and unfair trials, they are asked to succession of certain events vote on withdrawing the constitutional have contributed to making the military play a vital role. While the constitution of 1976 guarantee against these violations of stipulated that the function of the army was human rights.” 23 not only to defend the security of the second chamber was added to the parliament country but also extended to participating in which, according to some in the opposition, its development the strengthening of was aimed at excluding the Islamists from socialism, the constitutional amendments of the majority of the seats in the People’s 1989 were considered to be a phase of Council. reconsideration of the military’s hegemony. The 1989 constitution established the The constitutional reforms in Algeria of beginning of the army's withdrawal from 1989 and 1996 created a governmental politics and the limitation of its role to the institution alongside the institution of the task of national defense. The amendments head of state. The head of the government also included the dividing of state from chooses members of the government who party, and the establishing of political are then appointed by the president. In the plurality and individual and collective rights. case of the National Assembly’s failure to The amendment tried to end the single-party approve the government’s program, the head system, despite the fact that the National of government presents the collective Liberation Front remained the absolute resignation to the president. The head of power ruling the people. government also distributes the functions, signs executive decrees, and presides over Soon, 30 parties appeared on the political the Council of Government, in accordance scene; however, in the municipal elections with Article 85 of the constitution. of 1990 the Islamic Salvation Front gained 45% of the vote, ahead of the National The 1996 constitution also gave Algeria a Liberation Front that received only 28%. bicameral parliament consisting of the This led to the declaration of a state of People’s National Assembly and the Council emergency in 1991, allowing the army to of the Nation, the first chamber elected by play a political role once again. The direct public vote and the second by indirect cancelling of the election results led to the public vote. In Algeria, as in most countries resignation of the president and the of the eastern Arab world, a third of the formation of a High Council of State. members of the Council of the Nation are chosen by the president, while the other two- A proposal for a constitutional reform was thirds are elected. put forward by interim head of state, General Zeroual. This met with opposition Article 122 gives 30 areas in which the since it did not comply with the terms for parliament may legislate, and Article 23 constitutional review. However, those in stipulates a further five areas in which the favor of the amendment said that in the parliament legislates through organic laws. absence of an elected parliament, the In the area of diplomacy, the agreement of president’s direct consultation of the people the government is required for the signing of through a public referendum did not various kinds of treaties. The parliament constitute a violation of the constitution. may also discuss foreign policy if asked to General Zeroual therefore commissioned a so by the president or the head of one of the committee to prepare the 1996 constitution, councils. and held consultative meetings with politicians. The proposed amendments In 2008, Algeria witnessed another wave of resulted in the founding of a group of constitutional amendment. Although constitutional institutions, among them the Abdelaziz Bouteflika assumed the People’s Council, the High Court, the State presidency in 1999, his demand for Council, and the Constitutional Council. constitutional reform was delayed by nearly The presidential mandate was limited to five ten years. The main factors behind the years, renewable only once. In addition, a amendment of 2008 were the international 24 situation, and the unsuitability of the 1996 substituted the term “prime minister” for constitution for country’s current “head of government” to define more circumstances. precisely the powers of and relationship between the mechanisms of the executive According to the latest set of amendments, authority. More significantly, the prime the president of Algeria must undertake minister was stripped of his executive constitutional reform in accordance with powers, which now belong exclusively to Article 176 of the constitution: the president.

“When the Constitutional Council considers In contrast to the above mentioned that the draft constitutional revision does amendments, the constitutional amendment not infringe, at all, upon the general of 2008 had a positive aspect: it sought to principles governing Algerian society, the increase women’s political participation by human and citizen's rights and liberties, or adding a new article stipulating increased does not affect, in any way, the fundamental political rights for women, and increased balance of powers and of institutions, the representation of women in the elected President of the Republic may promulgate, councils. However, the amendment of 2008 directly, the law pertaining to constitutional overall was a step backwards in Algeria’s revision without submitting it to People's path to a democratic future. referendum if it obtains the voices of three quarters of the members of the two Conclusion chambers of the Parliament.” 32 Any analysis of constitutional reform in the Since the Constitutional Council gave its Arab world must take into account the approval of the proposed amendment in interplay between political and economic 2008, the president then submitted it to a reforms, and the social and cultural vote in parliament. More than 400 of the environment. This study has shown that Algerian parliament’s 533 members voted in despite the fact that these reforms have not favor of the constitutional amendment. profoundly altered the political and While the majority of political organizations constitutional arrangements in these expressed their support for the amendment, countries, they have permitted a change in the Rally for Culture and Democracy party the relationship between the powers, and an and the movement for reform rejected it. increased role for political parties, as well as The amendment of 2008 created a civil society, which has been empowered to presidential regime through its extension of undertake effective role in future the president’s term in office, and its constitutional amendments. The effect of bypassing of the executive duality and international pressure on the Arab states has concentration of power in the hands of the also been clearly shown in the field of president. Although the presidential human rights; however, the negative impact mandate remained limited to five years, it on this area caused by laws to fight terrorism could be renewed more than once, allowing has also been made clear. the current head of state to remain in office for an unlimited period of time. In addition, A comparison with the experiences of the powers of the president were countries that have certain problems and strengthened, creating a single executive characteristics in common with the Arab apparatus. The constitutional amendment states, for example the states of Latin America, shows that generally speaking, 32 Unlike Algeria and Mauritania, a constitutional reforms provide a gateway to democracy, or to a transitional phase of referendum is necessary in Morocco for all democracy, and at the very least can be the kinds of constitutional review. 25 way out of a crisis.