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2012 Egyptian constitutional referendum
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January 2014
13–22 December 2012 Egypt 10693911 6061011 303395 17058317 51919067 Governorate 2012_Egyptian_constitutional_referendum_results_by_governorate.svg Results by governorateYes: #b6c8d9 50–60% #7d9cbb 60-70% #47729e 70–80% #28497c 80–90% #2b2457 90–100%No: #dedebd 50-60%
A constitutional referendum was held in Egypt in two rounds on 15 and 22 December 2012.Egypt to hold referendum in two stages due to shortage of judges http://english.alarabiya.net/articles/2012/12/11/254547.html Al Arabiya 11 December 2012 11 December 2012 https://web.archive.org/web/20121214220556/http://english.alarabiya.net/articles/2012/12/11/254547.html 14 December 2012 dead dmy-all Egyptians living abroad were scheduled to vote between 8 and 11 December.Egypt's expats to vote on constitution 8 December http://english.ahram.org.eg/NewsContent/1/64/59693/Egypt/Politics-/Egypts-expats-to-vote-on-constitution--December--.aspx Ahram Online 3 November 2012 3 December 2012 Voting for expatriates had been delayed until 12 December 2012Constitutional referendum postponed Sara Abou Bakr http://dailynewsegypt.com/2012/12/07/constitutional-referendum-postponed/ Daily News Egypt 7 December 2012 7 December 2012 and was extended until 17 December 2012.Egypt expat voting extended to Monday 8pm http://english.ahram.org.eg/NewsContent/1/0/60524/Egypt/-Egypt-expat-voting-extended-until-Monday-pm.aspx Ahram Online 15 December 2012 16 December 2012 Voters were asked whether they approve of the draft constitution that was approved by the Constituent Assembly on 30 November 2012.December 2020
Unofficial results reported on 23 December 2012 found that 32.9% of the electorate voted and that the constitution was approved with 63.8% of the vote in favor over the two rounds of polling.Egyptian constitution 'approved' in referendum https://www.bbc.co.uk/news/world-middle-east-20829911 BBC News 23 December 2012 23 December 2012
During the campaign, supporters of the draft constitution argued that the constitution would provide stability. Most opponents argued that the constitution was too favorable to the Muslim Brotherhood, and did not grant sufficient minority rights. However, some extreme Salafists also opposed the constitution, arguing that it should have been based more closely on Sharia law.
The supreme committee for supervising the constitution referendum was formed on 3 December 2012.Supreme committee overseeing Egypt's constitution poll formed Ahram Online 3 December 2012 Mohammad Salim Al-Awa stated that a new Constituent Assembly would be formed within three months through general elections if the draft Constitution was voted down. The new assembly would have six months to write the new constitution.Morsi's decree cancelled, constitution referendum to take place on time http://english.ahram.org.eg/NewsContent/1/64/60092/Egypt/Politics-/Morsis-decree-cancelled,-constitution-referendum-t.aspx Ahram Online 9 December 2012 8 December 2012 The general secretary of the constitution referendum supreme committee resigned for health reasons.Elections commission secretary general resigns http://www.egyptindependent.com/news/elections-commission-secretary-general-resigns Egypt Independent 19 December 2012 19 December 2012
Background
The Constituent Assembly was originally elected by Parliament in March 2012, before being dissolved by a court in April after it was deemed unconstitutional.Egypt court suspends constitutional assembly https://www.bbc.co.uk/news/world-middle-east-17665048 BBC News Middle East 1 December 2012 10 April 2012 A second Assembly was elected by Parliament during the summer.Egypt parties end deadlock over constitutional panel https://www.bbc.co.uk/news/world-middle-east-18360403 BBC News Middle East 1 December 2012 8 June 2012 The second Constituent Assembly produced on 30 November 2012 a 234-article draft constitution,Egypt draft constitution adopted, goes to referendum https://web.archive.org/web/20121202075643/http://www.hindustantimes.com/world-news/Africa/Egypt-draft-constitution-adopted-goes-to-referendum/Article1-966296.aspx 2 December 2012 Hindustan Times, 30 November 2012 after it approved each article individually during a 19-hour meeting starting on 29 November.December 2020
Judicial response
Egyptian Judges Club members agreed to boycott the referendum.BREAKING: Egypt judges refuse to oversee constitutional poll, say judicial sources http://english.ahram.org.eg/NewsContent/1/64/59656/Egypt/Politics-/BREAKING-Egypt-judges-refuse-to-oversee-constituti.aspx Ahram Online 2 December 2012 2 December 2012 However the decisions of the club are non-binding on its members.Egypt judges refuse to oversee Morsi referendum https://www.bbc.co.uk/news/world-middle-east-20575547 BBC 2 December 2012 2 December 2012 Judge Mohamed Awad, who is a member of the Judges for Egypt reform movement, said that 90 percent of judges would monitor the referendum.90 pct of judges will monitor Egypt's constitution poll, claims head of Alexandria Appeal Court http://english.ahram.org.eg/NewsContent/1/64/59667/Egypt/Politics-/-pct-of-judges-will-monitor-Egypts-constitution-po.aspx Ahram Online 3 December 2012 3 December 2012 Mohamed Gadallah, the legal adviser to the Egyptian president, stated that Egypt's Supreme Judicial Council would oversee the referendum.Egypt Judicial Council to oversee referendum http://www.aljazeera.com/news/middleeast/2012/12/2012123142938497845.html Al Jazeera 3 December 2012 3 December 2012 The judges that were on strike responded that the Supreme Judicial Council decision was not final and that judges could individually refuse to participate.http://english.ahram.org.eg/NewsContent/1/64/59700/Egypt/Politics-/Judges,-legal-experts-weigh-up-scenarios-ahead-of-.aspx Judges, legal experts weigh up scenarios ahead of constitutional referendum Ahram Online 3 December 2012 3 December 2012
Contents
Egyptian Constitution of 2012
The draft constitution ended Egypt's all-powerful presidency, instituted a stronger parliament, and contained provisions against torture or detention without trial. But it also gave Egypt's generals much of the power and privilege they had during the Hosni Mubarak era. Human Rights Watch noted that it provided for basic protections against arbitrary detention and torture and for some economic rights, but failed to end military trials of civilians or to protect freedom of expression and religion.Egypt: New Constitution Mixed on Support of Rights Draft Adopted Without Consensus Amid Political Crisis https://www.hrw.org/news/2012/11/29/egypt-new-constitution-mixed-support-rights Human Rights Watch 2 December 2012 30 November 2012 The organization also stated that the Chapter II draft, entitled Rights and Freedoms, provided for strong protection against arbitrary detention in article 35 and torture and inhumane treatment in article 36, and for freedom of movement in article 42, privacy of communication in article 38, freedom of assembly in article 50, and of association in article 51, but deferred to objections from the country's military leadership and removed the clear prohibition of trials of civilians before military courts.
Article 2, defining the relationship between Islam and Egyptian law, remained essentially unchanged from Egypt's old constitution. The new charter said that the legal code stems from "the principles of Islamic law," wording that is broad enough to allow for individual rights and freedoms.Egyptian assembly rushes to vote on new constitution https://www.washingtonpost.com/world/middle_east/amid-political-crisis-egypts-constitutional-assembly-prepares-to-vote-on-draft-document/2012/11/29/1aa3f2a2-3a20-11e2-9258-ac7c78d5c680_story.html 2 December 2012 The Washington Post 29 November 2012 Stephanie McCrummen and Ingy Hassieb But in an attempted compromise between the ultraconservatives and their liberal opponents, the proposed constitution added a new article defining those principles in accordance with established schools of Sunni Muslim thought.David D Kirkpatrick Egyptian Islamists Approve Draft Constitution Despite Objections https://www.nytimes.com/2012/11/30/world/middleeast/panel-drafting-egypts-constitution-prepares-quick-vote.html?ref=world&pagewanted=all 2 December 2012 The New York Times 29 November 2012
Article 50 preserved the right to assembly but required "notification" of such gatherings. The constitution called for freedom from discrimination, but did not specify whether women or religious minorities were protected. A provision on women's equality was left out to avoid a dispute after ultraconservatives insisted that women's equality should be qualified by compliance with religious laws. One article that passed pertained to arbitrary arrest and detention rights. The article said that no person may be "arrested, searched, incarcerated, deprived of freedom in any way and/or confined" unless it is ordered by a "competent judge". Another article stipulated that anyone jailed must be told why in writing within 12 hours, and the case must go to investigators within 24 hours. Detainees cannot be interrogated without their attorney or one appointed to them being present, the article also stated. Phone conversations, electronic correspondence and other communication cannot be listened to without a warrant.Movement on new Egyptian constitution, despite fervent opposition https://edition.cnn.com/2012/11/29/world/meast/egypt-protests/index.html?hpt=wo_c2 CNN 2 December 2012 30 November 2012
The new constitution limited the President to two four-year terms,Egypt to hold December referendum on new constitution BBC News, 1 December 2012 marking a clear shift away from the era of Mubarak, who ruled for 30 years. But other checks on presidential power remained ill-defined. The defense minister would be chosen from the military's officers. Insulating the armed forces from parliamentary oversight, a special council that included military officers would oversee military affairs and the defense budget. Ziad al-Ali of the International Institute for Democratic and Electoral Assistance noted that another article in the document called for the election of local councils in each province but kept all the power in the hands of federally appointed governors. And even though Egypt's pervasive public corruption was a major complaint by those who forced Hosni Mubarak from power, the assembly declined to borrow any international models to promote transparency, Ali said. "There won't be a huge improvement in the way government works and the way services are delivered, and that is a setback for democracy."
Campaign
Supporters
The Al Nour Party and the Building and Development Party supported the draft constitution because it would provide stability.Egypt draft charter vote 'right move for stability': Salafist leaders http://english.ahram.org.eg/NewsContent/1/64/59646/Egypt/Politics-/Egypt-draft-charter-vote-right-move-for-stability-.aspx Ahram Online 2 December 2012 2 December 2012Building and Development Party proposes constitutional fix Rana Muhammad Taha http://dailynewsegypt.com/2012/12/04/building-and-development-party-proposes-constitutional-fix/ Daily News Egypt 4 December 2012 4 December 2012 Workers unions, many of which are dominated by the Muslim Brotherhood, have stated that they support the draft constitution.Workers' unions support draft constitution http://dailynewsegypt.com/2012/12/03/workers-unions-support-draft-constitution/ Liliana Mihaila Daily News Egypt 3 December 2012 3 December 2012 Mohamed Mostafa, the spokesperson of Al-Azhar, is in favor of the draft constitution. The Safety and Development Party accused the judges who were boycotting the referendum of undermining stability.Jihad organization accuses judges of implementing 'Zionist' scheme http://www.egyptindependent.com/news/jihad-organization-accuses-judges-implementing-zionist-scheme Egypt Independent 4 December 2012 4 December 2012 The Freedom and Justice Party launched a campaign urging a yes vote on the draft constitution.FJP launches referendum campaign Liliana Mihaila http://dailynewsegypt.com/2012/12/09/fjp-launches-referendum-campaign/ Daily News Egypt 9 December 2012 11 December 2012
Opponents
Women's rights activists opposed the draft constitution on the grounds that the exclusion of explicit women's rights in the draft constitution opened the door to changes in women's rights.Women's rights activists call for 'no' vote on constitutional referendum http://www.egyptindependent.com/news/women-s-rights-activists-call-no-vote-constitutional-referendum Egypt Independent 2 December 2012 2 December 2012 The People's Representatives Coalition opposed the draft constitution, launching an awareness campaign entitled "Reject your constitution".NDP holdovers, FJP look for allies ahead of Egypt's legislative polls http://english.ahram.org.eg/NewsContent/1/64/56978/Egypt/Politics-/NDP-holdovers,-FJP-look-for-allies-ahead-of-Egypts.aspx Ahram Online 1 November 2012 2 December 2012 The Salafi Jihadi Movement boycotted the draft constitution because it "does not apply Islamic Sharia".Salafi Jihadi Movement to boycott constitutional referendum http://www.egyptindependent.com/news/salafi-jihadi-movement-boycott-constitutional-referendum Egypt Independent 2 December 2012 2 December 2012 They stated that they were trying to convince other Islamists, such as the Muslim Brotherhood, to vote no on the draft constitution as well.Salafi Jihadi movement hopes to sway Islamists to reject constitution http://www.egyptindependent.com/news/salafi-jihadi-movement-hopes-sway-islamists-reject-constitution Egypt Independent 17 December 2012 17 December 2012
The National Salvation Front called for a no vote on the draft constitution. They put forth a number of conditions, which included: free and fair elections, holding the vote on one day, supervision of the vote, protection for polling places, and immediate announcement of voting results at polling places. If the demands were not met, they asked voters to vote no.NSF express concern over 'fairness' of Egypt constitutional poll http://english.ahram.org.eg/NewsContent/1/64/60446/Egypt/Politics-/NSF-express-concern-over-fairness-of-Egypt-constit.aspx Ahram Online 13 December 2012 13 December 2012 Baha'a Anwar, a spokesperson for the Shi'a in Egypt, stated that Shi'a would not take part in the referendum.Religious groups react to referendum announcement http://www.dailynewsegypt.com/2012/12/03/religous-groups-react-to-referendum-announcement/ Daily News Egypt 3 December 2012 3 December 2012 Sufi Sheikh Aboul Azayem opposed the draft constitution, arguing that it was only favorable towards the Muslim Brotherhood. Egyptian journalists opposed the draft constitution because they believed it would limit freedom of expression.Egyptian journalists protest draft constitution http://english.ahram.org.eg/NewsContent/1/64/59761/Egypt/Politics-/Egyptian-journalists-protest-draft-constitution.aspx Dina Samak Ahram Online 4 December 2012 4 December 2012
The Strong Egypt Party announced that it would launch a no vote campaign on the draft constitution.Abul-Fotouh's Strong Egypt Party to vote no at referendum http://english.ahram.org.eg/NewsContent/1/64/60187/Egypt/Politics-/AbulFotouhs-Strong-Egypt-Party-to-vote-no-at-refer.aspx Ahram Online 10 December 2012 10 December 2012 The Egyptian Current Party has asked voters to vote no on the constitution.Egyptian opposition's dilemma: To vote or not to vote Dina Samak http://english.ahram.org.eg/NewsContent/1/64/60283/Egypt/Politics-/Egyptian-oppositions-dilemma-To-vote-or-not-to-vot.aspx Ahram Online 11 December 2012 11 December 2012 The Egyptian Popular Current announced it would vote no on the constitution.Opposition forces gear towards a 'no' vote http://www.egyptindependent.com/news/opposition-forces-gear-towards-no-vote Ahram Online 13 December 2012 13 December 2012 The Egyptian Social Democratic Party said the same. The Constitution Party also encouraged a no vote on the draft constitution. The Free Egyptians Party boycotted the vote.
The Hazemoun movement, made up of followers of Hazem Salah Abu Ismail, a Salafi preacher, came out against the draft constitution.Despite apparent support for Morsy, Salafis are divided over constitution Omar Halawa http://www.egyptindependent.com/news/despite-apparent-support-morsy-salafis-are-divided-over-constitution Egypt Independent 13 December 2012 13 December 2012 The Salafi Front also opposed the draft constitution, arguing that the constitution should have made Sharia itself the main source of legislation, not the principles. They also argued that Christians and Jews should be governed by Islamic law and that the constitution should have stated that "divine authority" is the source of power not the people. In addition, Coptic Christians also opposed the draft constitution, walking out of the constitution drafting session and prompting Khaled Dawoud, a spokesman of National Salvation Front, to state, "this is probably the first time in our history that the Christians were not present in writing the constitution".https://www.wsj.com/articles/SB10001424127887323291704578201581552807980 Egypt Voters Approve Constitution Matt Bradley 25 December 2012 The Wall Street Journal 27 December 2012
Results
10693911 6061011 303395 51919067 Egypt Independent
By governorate
GovernorateRegisteredvotersTurnoutTotalvotesValidvotesInvalidvotesForAgainstVotes%Votes%Cairo6,580,47834.82,291,0402,254,69836,342974,37143.21,280,32756.8Giza4,383,70134.61,517,1971,493,09224,105995,41766.7497,67533.3Dakahlia3,719,75831.51,171,1431,150,13021,013631,21954.9518,91145.1Sharqia3,565,35132.01,141,4711,120,32821,143737,50365.8382,82534.2Alexandria3,347,77036.21,210,5741,193,69116,883663,97555.6529,71644.4Beheira3,276,93033.71,084,4431,084,4421818,75575.5265,68724.5Gharbia2,948,65633.9999,093980,49718,596468,48847.8512,00952.2Minya2,718,94734.5939,259916,09423,165760,70483155,39017Qalyubia2,639,80832.9868,349853,12515,224512,05560341,07040Sohag2,393,67225.4606,866593,54613,320467,02978.7126,51721.3Monufia2,236,89834.0760,324745,37314,951364,37448.9380,99951.1Asyut2,127,68828.0595,883581,70714,176442,50676.1139,20123.9Kafr el-Sheikh1,886,21229.6557,546548,5548,992360,99465.8187,56034.2Qena1,629,71322.8371,252364,5096,743307,83984.556,67015.5Faiyum1,579,69435.2556,550544,10912,441486,89089.557,21910.5Beni Suef1,454,27838.7562,991549,93713,054466,24884.883,68915.2Aswan872,74022.7198,107194,4163,691149,02076.745,39623.3Damietta868,77337.2323,298318,9444,354205,37864.4113,56635.6Ismailia713,96336.4259,645256,2103,435179,2357076,97530Luxor685,00926.01781,32174,6203,512133,77976.640,84123.4Port Said445,32238.0169,229166,9312,29885,35351.181,57848.9Suez387,52238.7149,783147,9031,880104,06170.443,84229.6Red Sea232,38830.771,27370,43284144,11662.626,31637.4North Sinai215,61830.665,91364,96494950,72678.114,23821.9Matruh212,49536.577,49376,63086370,23791.76,3938.3New Valley143,58432.948,44047,77566541,72887.36,04712.7South Sinai65,40729.619,35119,02332812,15763.86,86636.2Source: National Elections Authorityhttp://www.elections.eg/results/referendum-results إستفتاء.مصر – نتيجة الاستفتاء على مستوى المحافظات National Elections Authority 30 December 2012 dead https://web.archive.org/web/20121230180813/http://www.elections.eg/results/referendum-results 30 December 2012 dmy
Reactions
After the referendum, President Mohamed Morsi said in a speech on television that the Egyptians voting against the constitutional referendum were within their rights, "because Egypt of the revolution – Egypt's people and its elected president – can never feel annoyed by the active patriotic opposition. We don't want to go back to the era of the one opinion and fabricated fake majorities."https://www.nytimes.com/2012/12/27/world/middleeast/morsi-admits-mistakes-in-drafting-egypts-constitution.html?_r=0 Morsi Admits 'Mistakes' in Drafting Egypt's Constitution David D Kirkpatrick 26 December 2012 The New York Times 27 December 2012 With regard to the referendum, Morsi went on to add that "there have been mistakes here and there, and I bear responsibility", but that "no matter what the hardships of the past [were], I see it as the pain of birthing the new Egypt ... It is truly the dawn of [a] new Egypt, which has risen and is now shining."
In a response to the referendum, the United States Department of State issued a statement noting that "[m]any Egyptians have voiced deep concerns about the substance of the constitution and the constitutional process" and further stating that "President Morsi, as the democratically elected leader of Egypt, has a special responsibility to move forward in a way that recognizes the urgent need to bridge divisions, build trust, and broaden support for the political process."https://2009-2017.state.gov/r/pa/prs/ps/2012/12/202381.htm Referendum on the Egyptian Constitution: Press Statement Patrick Ventrell 25 December 2012 United States Department of State 27 December 2012
References
Constitutional
Egypt
Category:Defunct constitutions of Egypt
Category:Referendums in Egypt
Category:Egyptian Crisis (2011–2014)
Category:Constitutional referendums in Egypt
Constitutional