What Mubarak must do before he resigns

By Hossam Bahgat and Soha Abdelaty
Washington Post
Saturday, February 5, 2011

CAIRO

As Egyptian citizens and human rights defenders, we have been on the streets here, including in Tahrir Square, since Jan. 25 to demand dignity and freedom for all Egyptians. There is nothing we want more than an immediate end to the Mubarak era, which has been marred by repression, abuse and injustice. We are heartened by the international community’s shift from demanding “restraint” and “responsiveness” to echoing our call for Hosni Mubarak to step down and for an immediate transition toward democracy.

But for a real transition to democracy to begin, Mubarak must not resign until he has signed decrees that, under Egypt’s constitution, only a president can issue. This is not simply a legal technicality; it is, as Nathan Brown recently blogged for ForeignPolicy.com, the only way out of our nation’s political crisis.

Egypt’s constitution stipulates that if the president resigns or his office becomes permanently “vacant,” he must be replaced by the speaker of parliament or, in the absence of parliament, the chief justice of the Supreme Constitutional Court. In the event of the president’s temporary inability to exercise his prerogatives, the vice president is to take over as the interim head of state. In both cases a new president must be elected within 60 days. Significantly, the constitution prohibits the interim president from introducing constitutional amendments, dissolving parliament or dismissing the cabinet.

If today Mubarak were no longer available to fulfill his role as president, the interim president would be one of two candidates. If he chooses to leave the country, say for “medical reasons,” the interim president would be Omar Suleiman, the former intelligence chief who was recently made vice president. Egyptians, particularly those of us calling for an end to Mubarak’s three-decade rule, see Suleiman as Mubarak II, especially after the lengthy interview he gave to state television Feb. 3 in which he accused the demonstrators in Tahrir Square of implementing foreign agendas. He did not even bother to veil his threats of retaliation against protesters.

On the other hand, if Mubarak is pushed to resign immediately we would have an even worse interim president: Fathi Surur, who has been speaker of the People’s Assembly since 1990. Surur has long employed his legal expertise to maintain and add to the arsenal of abusive laws that Mubarak’s regime has used against the Egyptian people. Since neither Suleiman nor Surur would be able to amend the constitution during the interim tenure, the next presidential election would be conducted under the notoriously restrictive election rules Mubarak introduced in 2007. That would effectively guarantee that no credible candidate would be able to run against the interim president.

So before Mubarak resigns he must sign a presidential decree delegating all of his authorities to his vice president until their current terms end in September. Mubarak issued similar decrees, transferring his powers to the prime minister, when he was hospitalized in 2004 and 2009. In addition, Mubarak must issue decrees lifting the “state of emergency” that has allowed him to suppress Egyptians’ civil liberties since 1981 and ordering the release or trial of those held in administrative detention without charge – estimated to be in the thousands.

Also before Mubarak resigns, an independent commission of respected judges, constitutional law experts, civil society representatives and all political movements should draft language to amend the constitution to ensure that presidential elections are open to all credible candidates; that Egyptians abroad are allowed – for the first time – to vote; that any elected president is allowed to serve only two terms; and that the elections are supervised by judicial and civil monitors. Most of this will be a matter of undoing the damage Mubarak inflicted with his constitutional changes in 2007.

These amendments must be introduced in parliament and put to a public referendum immediately. Suleiman’s claim that time is short is unfounded and disingenuous; four years ago, Mubarak and his ruling party amended 34 articles of the constitution in only two months.

Next, a diverse caretaker government must be appointed to serve the people until a president is elected and, importantly, to oversee the interim president. This broad-based cabinet must include well-respected representatives of all the country’s political forces. Once a new president is elected, we can move toward drafting a constitution that ensures Egypt’s transformation from a dictatorship to a democracy and enshrines full equality and human rights. Free and fair parliamentary elections would follow.

Three additional elements are key for the transition to succeed: First, civilian oversight of the police and security forces will deter abuse, hold abusers accountable, and help ensure the safety of those participating in the democratic uprising. Second, establishing an independent board of trustees for state television and radio would ensure neutrality in programming and representation of all political views. Third, a strong commitment by the army to act as a neutral custodian of the transition, serving the interests of the people and not the delegitimized regime, is critical.

Egyptians have paid a heavy price the past three decades and an even steeper one since this revolution started. Let’s end Mubarak’s rule the right way so we can start building a better future.

Hossam Bahgat and Soha Abdelaty are, respectively, executive director and deputy director of the Egyptian Initiative for Personal Rights (www.eipr.org)

35 Replies to “What Mubarak must do before he resigns”

  1. Sorry Uncle Kit – this is not relevant to the topic at hand, but it is important for your readers. Perhaps you can start a new thread.

    http://www.islam.gov.my/en/guidelines-muslims-celebrating-religious-festivals-non-muslims

    Guidelines For Muslims Celebrating Religious Festivals Of Non-Muslims

    The 68th muzakarah of the National Fatwa Committee for Islamic Religious Affairs on April 12, 2005 discussed the Guidelines For Muslims Celebrating Religious Festivals Of Non-Muslims. The muzakarah has decided that:

    In determining the non-Muslim celebrations that can be attended by Muslims, several main criteria should serve as guidelines so as not to contradict the teachings of Islam. The criteria are as follows:

    1. The event is not accompanied by ceremonies that are against the Islamic faith (aqidah).

    The meaning of “against the Islamic faith (aqidah)” is a thing, act, word or situation which if conducted will lead to tarnishing the faith (aqidah) of Muslims.

    For example:

    1. to include religious symbols such as the cross, installing lights, candles, Christmas tree and so forth;
    2. to sing religious songs;
    3. to put any religious markings on the forehead, or other markings onto parts of the body;
    4. to deliver speech or gestures in the form of a praise to the non-Muslim religion;
    5. to bow or conduct acts of honour to the religious ceremony of non-Muslims.

    2. The event is not accompanied by acts against the Islamic law.

    The meaning of “against the Islamic law” is a thing, act, word or situation which if conducted will contradict the Islamic teachings practised by the Muslim community.

    For example:

    1. Wearing red costumes like Santa Claus or other garments that reflect religion;
    2. Serving intoxicating food or beverages and the likes;
    3. Having sounds or ornaments like church bells, Christmas tree, temple or breaking of coconuts;
    4. Having ceremonies with elements of gaming, worship, cult, superstitions and the likes.

    3. The event is not accompanied by “acts that contradict with moral and cultural development of Muslim society” in this country.

    The meaning of “acts that contradict with moral and cultural development of Muslim society” is a thing, act, word or situation which if conducted will contradict the values and norms of the Muslim society of this country which adheres to the Islamic teachings based on Ahlus Sunnah Wal-Jamaah.

    For example:

    1. Mixing freely without any limit or manners;
    2. Wearing conspicuous clothing;
    3. Singing songs that contain lyrics of obscenity and worship;
    4. Organising programmes such as beauty pageants, cock fighting and such.

    4. The event is not accompanied by acts that can “stir the sensitivity of Muslim community”.

    The meaning of “stir the sensitivity of Muslim community” is a thing, act, word or situation which if conducted will offend the feelings of Muslims about their beliefs and practices.

    For Example:

    1. Speeches or songs in the form of non-Muslim religious propaganda;
    2. Speeches that insult the Muslims;
    3. Speeches that insult Islam;
    4. Presentations with the aim to ridicule the religious belief of Muslims.

    5. The organisers and the public are asked to get the views of religious authorities before organising or attending celebrations of non-Muslims.

  2. President Mubarak resigned??
    ==================

    The politburo of Egypt’s ruling National Democratic Party (NDP) has resigned en masse, in an apparent response to anti-government protests……….
    Unconfirmed reports from a private TV channel said President Mubarak himself had also resigned as head of the party.

    @@http://www.bbc.co.uk/news/world-us-canada-12374010

  3. Washington Post’s writers make good suggestions to “cure” the sickness of the system put in place by Mubarak. However their being implemented has to depend on whether Mubarak will actually resign, and even if he does so, will be prepared to sign these decrees unwinding a constitutional system packed by his likeminded minions next in line of power like his vice president Omar Suleiman or speaker Fathi Surur. Every dictator after abusing power and amassing wealth will make sure that his own people stand next in line within the constitutional system to assume power, cover his exit, continue with his contracts and protect him, his family and cronies from reprisals from the people or group representing them that takes over the mantle of power….

    What the Washington Post writers have written high light not just the plight o the aggrieved people of Egypt but also the wider dilemma confronting in varying degrees people all over the world from their government and ruling elites.

    The dilemma arises in the manner following:-
    1. It is accepted that government must be representative based on consent of the people. The consent is evinced by their majority vote. There must be a proper constitution. The constitution defining the rules of the political game must be respected – and enforced. This is because it is the most primary and basic of all laws. If a society does not abide by it, there will be chaos.

    2. However when a popular leader and government are elected and vested power they (generally and in moist cases) soon become corrupt over time.

    3. History shows that the human species has consistently demonstrated that they, as a group, are either unwilling, or else are congenitally unable to maintain themselves in a constant state of arousal and informed vigilance to watch over their rulers/government. The majority are normally too busy going about their own personal business – to make money, improve their circumstances, to raise families etc – to worry about loftier legal constitutional and political matters. After all the government has already been elected in by majority, isn’t it?

    4. Again history also consistently shows that power, especially absolute power has been shown to corrupt the very best of humans. This truism is attributed to Lord Acton’s famous quote “Power corrupts, and absolute power corrupts absolutely”.

  4. (Continuing)

    5. The problem is when people vote, they don’t even vote the “best of humans”. They merely vote the most popular and persuasive of political candidates. A successful sales man is persuasive and convincing. It dos not mean he has integrity or principles.

    6. It is strange that when we want services of a surgeon, lawyer, dentist, engineer etc we insist they are “trained” and adhere to professional etiquette. No such standards are exacted when political parties field their candidates. Being able to “bodek”, toe party’s and leader’s line and safeguard the interest of the immediate party boss seem to be the main qualification.

    7. So where one has a concentration of power in a few hands – and they don’t even belong to the best of men in terms of education or ethics – all too frequently men with the mentality of gangsters get control of the party top positions and the government as well, when the party wins power.

    8. History has proven that when such a motley group gets into seat of government power they will entrench their positions and perpetuate power so that they have the longevity of tenure to rake in the wealth by unfair advantage of power from the national resources including the public funds from taxes.

    9. This they do by controlling the press, security forces, judiciary, imprisoning political dissidents on excuses of sedition. When election comes, they make sure the election commission is headed by their nominee and rig the elections. They use the ill gotten gains from corruption and the governmental positions that they could dispense to buy support at all level.

    10. To facilitate 9, they use the majority in legislative assembly to effect constitutional change. These amendments to the ground rules are intended to buttress their positions and extend them. In short, they use constitutionalism as their means. Their excuse is they are fine tuning the constitution to meet the changing felt needs of the majority of the people they represent.

    11. As stated in 3 above when people go around their daily business they are unable to maintain themselves in a constant state of arousal and informed vigilance to check these insidious process of consolidation of power through all kinds of law changes that people are not aware.

  5. (Continuing)

    12. So we have the Egyptian situation where the despot is able to pack within the Constitutional prescription all his lackeys positioned to take over when he exits and to protect his interest and the system he put in place by them as a group.

    13. To remove the malaise, one has to have a systemic overhaul by throwing out the whole constitution to be superseded by a new one. This tantamount to revolution, and flashing back to the argument in 1. above, it will argued that this is going against the peoples’ will enshrined in the Constitution and the proponents of the overthrow of the constitution ought to be imprisoned for offences ranging from sedition to treason!

    14. The cycle above is repeated and repeated with the people constantly veering to the corner to be oppressed by their elites.
    15. The salutary lesson is that the best Constitution that it is possible to design, will provide no protection at all for its people, if they are not well educated, ill-informed or apathetic, thereby giving no room for culture of rights recognition to expand and grow! Even a poor Constitution can provide a good living/working environment for a group, if the group are perpetually vigilant and assertive about ensuring their freedoms and watch over their rulers/government. That’s why the often quoted American dictum that “Eternal vigilance is the price of freedom.” The best Constitution currently in operation is useless and will soon be re-written to protect an oligarchy unless it is backed by the power of an informed and activist population.

    16. One can see from the above how these processes resonate not only in Egypt or for the matter here (where our Constitution has undergone umpteenth amendments) and understand why on the basis of 5. to 7. above, the likes of RPK Harris Ibrahim and Malaysian civil society groups have misgivings even of PR’s candidates (in the case of PKR, look at the number of defectors and turn coats) and insisted on exacting standards for candidates to be fielded.

  6. ///”Elsewhere in the world people are telling governments they should listen to the people”/// – Tomislav Nikolic (Serbian Progressive Party)

    The Serbian capital Belgrade has seen its biggest anti-government protest in years as thousands of disenchanted Serbs demanded early elections.

    At least 55,000 people turned out in front of parliament after the opposition Serbian Progressive Party called the rally.

    @@http://www.bbc.co.uk/news/world-europe-12373901

  7. why countries ruled by muslim leaders are lacking democracy? why muslim leaders are dictators? may be they are good in manipulating themselves as God agent. In general, muslims peasants are too obedient.

    1. The word democracy originated in ancient Greece with the overthrow of the Roman Monarchy whose King was also the Chief Executive, Commander in chief, Head of state , Chief priest, Chief legislator and Chief judge and he ruled until he died. Which gave him the absolute power. So you know why democracy is not found in their book. And you know why it is a foreign system for them. Which they do not need to accept. Or they accept selectively.

  8. pulau_sibu,

    I sincerely believe that democracy is only suitable for countries with high per capita GDP, such as more than USD12,000 per annum. How can democracy exist in places where the starving voter who earns USD 1 a day be expected to exercise his democratic rights?
    That starving voter has 2 choices–(1)boycott the polls because he needs the time to make a living or else his family would starve for the day or (2) sell his ballot for a few cents

    (This is what is happening in the rural areas of Malaysia)

    1. It is democracy first because democracy in whatever forms allows one to think. When one thinks that money is important, then one will work and make more money. Before Europe or the Westernized countries become as rich as they are now, they were once poor. Democratic ideology came in first before they become rich countries. Malaysia is struggling in her democratic values because Islamic value is hindering her from achieving the most. Greed is sinful. But without money, what can you do ?When you talk about democracy, many times you talk about capitalism which is money to be exact. Of course these days even communist countries like China learn what it means to have money power. India is democratic but they have child workers, they have poverty, they have some of the world’s worse problems. Indonesia, Philippines are democratic but their people become Malaysia’s maids. In South East Asia, the richest nations are Brunei and Singapore. Compare these two and you find people preferring Singapore even though Brunei is the richer one.

  9. why are there so many malaysian students in egypt? are their universities better than ours? i think the government is simply wasting money by sending students to some of these countries. we can do a better job inside malaysia

  10. //are their universities better than ours?//

    Egypt has produced 1 Nobel Prize winner — Elbaradei from the IAEA

    while Malaysia has produced millions of straight As students in the upsr, pmr and spm.

  11. “Why are there so many Malaysian students in Egypt?” pulau_sibu

    There are 10,000 Malaysian (more precisely Malay)students doing Islamic studies in Egypt to return here to not only serve the religious departments but also to fill places across the board in the civil service,police,army etc to further advance the process of Islamization in this country!

  12. Well , when you are so mentally fragile, you will need all the written guidelines to guide you along; otherwise you would be misled. Does such mind ever think out of the box? forget about getting a Nobel Prize! Such precise doctrine will only cause the mind to try to recycle mentally all the guidelines FIRST even before enagaging the REAL thinking cap; hence you would need twice the time needed by others. looking at it, the originator of such thought had only one objective in mind. Stop Thinking!!!

  13. Our top UMNO leaders attend yearly MCA Chinese New Year celebrations. They wear red. (In 2010 Yr of Tiger PM & First Lady wore red Chinese embroidered shirts/blouse) Many around also do so.) They watch the Lion Dance. Often times the lion is accompanied by one or two Buddhas or funny people. The Buddhas wear a painted mask with a large smile and either a traditional Kung fu uniform or a monk’s robe. The Buddhas are comic and acrobatic characters who interact with the crowd and tease the lion with a fan or a ball. The lion in turn will play with, chase, or even bite and kick the buddha depending on its mood. Because it is difficult for the lion dancers to see, the Buddhas also help the lions find their “food”, etc.

    Later the guests including UMNO dignitaries gather to eat and toss “yee Sang” and watch Chinese cultural shows….

    Sure these won’t offend the 2005 Guidelines For Muslims Celebrating Religious Festivals Of Non-Muslims of the National Fatwa Committee for Islamic Religious Affairs???

  14. By these guidelines can PM Najib anymore visit Hindu temples & Batu Caves for the Thaipusam celebrations surrounded by Hindu religious artifacts watch and wave at Hindu devotees carrying of the kavadi or when the five-tonne silver chariot bearing a statue of Lord Muruga pass by???

  15. B4 Mubarak resigns he must call LohSiMah 2 tell her “Hi, darling/love, I’m going 2 M’sia on MM2H 2 join my MEast relatives there; make me a Malay n I will join UmnoB pronto, OK? Want me 2 bring U mummies, camels, carpets or onabotulinumtoxinA? Let me know lah.”

  16. boh-liau,your wild imaginative scenario really scared me.Here we already have one nuisance dictator,please don’t throw spanner to our still trying toward racial unity agenda.I do not wish Mubarak to carry on his legacy if he will be gone soon as people’s wishful thinking.I suggest Mubarak to ask Loh Si Mah to relay his message asking mamak to live some where together with their looted money far far away in no man island.

  17. Loh Si Mah said she called King Abdullah for help and his responsible action is welcome and unrelenting simply because he thinks she is so so cute and beautiful ya.”You see,this is called first lady”.Hampalang pun boleh kautim.Yo man!

  18. What Mubarak must do before he resigns? by LKS

    No worry la LKS,constitution is nothing la.See how umno abused the constitution.The Egyptian also can just ignore the constitution since no one upholds it in high regard and respect.Just be in unity not to welcome him anymore.The ace is always in the rakyat’s hands.

  19. ah peh and k1980, indeed i read that there are 11000 boleh students in egypt. this egypt degrees can be recognised in malaysia. i can’t believe it. we are much more developed than egypt. but these students have a chance to visit all the historic monuments.

    egypt is such a poor country. the visitors to the monuments are mostly foreigners because it is too expensive for the local people. so i wonder how much the local people learn about their own history. a lot of cars in egypt are old and semi broken. when you have to hire a taxi from one town to the other, you worried if it will make to the destination. of course, donkeys are the best transportation tools.

    egypt has history of several thousand years. but the people now in egypt and the people of several thousand years ago are likely different groups of people. the old egyptians have been displaced and had disappeared.

    i found that egyptians at the tourist sites are highly dishonest. if you want to get a taxi or horse car, the price will start rocket high. you should have the patience to negotiate. the real price is about one-third that they asked. many white people are cheated.

    the corrupted leaders cheated the people, and the people cheated the foreigners. that is the rule in egypt.

  20. Aiyah..They must be trained in muslim country to get them ready to play by religion card when their calls are to be answered.Muslim brotherhood ma..jihad ect.I am very enthralled to their interpretation of brotherhood that i nearly believed that i should convert to Islam hmn… So touching man,much more seditious and artificial love than Romeo n Juliet in real persons we saw in movie.I am so touch by Lohsimah religiously panicky call for help to his brother and sister hood hood.I think i better convert to be the vested interesed hood to get the preferential privileged hood by the name of wealth,luxury and kingdom.

  21. but Egypt has one of the earliest forms of Christianity, the Copts. The painting of Jesus at that time was dark color. Jesus became white only after the teaching moved from Eastern Roman Empire to Roman Empire. We saw such Coptic paintings of Jesus in the church and museums in Egypt. There is nothing for them to deny that their ancestors were once Christians. This is the same in Turkey. For those countries, Christianity is still well respected by muslims – afterall, they all came from the same root in the middle-east.

  22. What must mubarak do before he resigns?

    Well he could come to malaysia and become a bumiputra. Then join umno. Or maybe he could become jib’s special special adviser on a salary of RM1b a year. Either way he would surely be prolonging his money-making time span. You see malaysia is actually better than switzerland. There they only let people keep illicit monies. Here umno allow people to make illicit monies. Of course making illicit money is big business. So that is why the permission to make them is limited to umno people only.

  23. From freem’siacom

    SUBANG JAYA: Teachers in a school in Brickfields have allegedly lodged a police report against a 17-year-old student who questioned the ‘celebration of independence’ and the tenets in the Rukunegara.

    Nicol Paul Miranda, an ordinary Form Five student, who has since left SMK Vivekananda after his SPM, said the school is also threatening not to release his school leaving certificate which is a requirement to further his tertiary education.

    Relating the reasons for his suspension, Nicol said: “I questioned why are we celebrating independence when our democracy has not evolved. It is still under the BN regime.”

    He said his second brush with the authorities took place via his Civics answer sheet for the SPM trials.

    The question was on the pros of Rukunegara.

    “I questioned why we needed to recite the Rukunegara’s first principle, Believe in God when places of worship are being demolished.

    “I also questioned the second principle, Loyalty to the King and Country because it is not right to force an individual to be loyal,” he told newsmen at PKR’s ‘Tweet-Up’ function yesterday,.

    As a result, his trial exam results were not released. He was further suspended for three days.

    Nicol also claimed that the discipline teachers at his school almost harmed his mother when she went there to query his suspension.

    “They (school) have also lodged a police report against me in Bukit Aman and Brickfields,” added Nicol who is currently working with a Malaysian NGO on human rights issues.

    Moral of the story– Do not ever give answers other than that prescribed by the textbooks or else you will end up in the Promised Prison ( unlike Moses’s Promised Land)

  24. D boy shld b praised 4 writing his true feeling abt Ru kun Ne ga ra: “RK tak guna”
    Also 4 his frank n wonderful answer: “Dan memberi hak sama rata kepada setiap kaum di negara ini dan bkn untuk layanan istimewa kpd majoriti sahaja”
    http://www.freemalaysiatoday.com/2011/02/06/inquiry-mind-student-claims-not-true/
    Y did d school find his answer sensitive n suspend him 4 3 days?
    Y did d school make public a page of report on d boy’s performance in 6 subjects?

  25. k1980, and I would like to question the meaning of these four words “MEMBINA MASYARKAT YANG ADIL” in the preamble of the Rukunegara! Should there be any SUPERIOR race in a MASYARAKAT YANG ADIL? Should there be SPECIAL RIGHTS in a MASYARAKAT YANG ADIL??????

  26. What Mubarak must do before he resigns by LKS

    Mubarak must come running to Mahathir for consolation cum with ‘i stab your back,you stab my back’ after the foreplay adventure.Stabbing people’s back is what he is good at especially telling malay community to not reject NEP and switched on to blame the suspicious chinese will take over everything from them especially this self claimed Tanah Melayu.”Tanah..tanah hami? melayu? as my father asked me.”kiau thor a kokka” as my replied to him.A sight of disgruntled as he sighed but he just reserved his further comment.All is well understood.Nothing more worse could we say any thing worst relating to him.He is the champion Nobel prize laureate for the additional discovery of racist instigation in peace subject award.

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