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Text of Selmi's Controversial Supra-Constitutional Principles
Text of Selmi's Controversial Supra-Constitutional Principles
Based on our pride for our struggle through our ancient history for freedom, justice and equality, and for national sovereignty and peace of mankind, inspired by what we have presented to human civilization,
Wednesday, November 9,2011 16:35

 Based on our pride for our struggle through our ancient history for freedom, justice and equality, and for national sovereignty and peace of mankind,

inspired by what we have presented to human civilization,

recognizing the challenges that face us on the road to building and fortifying the State of the rule of law, with its civil, modern and democratic pillars,

stressing that the people are the source of authority, and the people’s will should not be confiscated in any way, or by means of establishing any supra or above constitutional principles that would not be changed,

and without the need to any new constitutional declaration or otherwise, where the will of the people is enough,

in order to ensure achieving the objectives of the Egyptian revolution of the twenty-fifth of January 2011 regarding freedom, human dignity and social justice,

embodying the spirit of this revolution, which united the Egyptians around it with their diverse affiliation,

in respect and gratitude to the souls of the martyrs and the sacrifices and the struggle of our great people in their successive rebellions and revolutions,

We declare the basic principles of the Constitution of the modern Egyptian State, and these are as follows:
First: the Basic Principles

(1) Arab Republic of Egypt is a civil state based on citizenship, democracy and the rule of law, respect for pluralism, and ensuring freedom, justice, equality and equal opportunities for all citizens without any discrimination or distinction.
The Egyptian people are part of the Arab nation, working for the realization of its comprehensive unity.

(2) Islam the religion of the state; and Arabic is the official language. The principles of Islamic Sharia are the main source of legislation. Non-Muslims have the right to resort to their rituals in their personal and religious affairs.

(3) Sovereignty is for the people alone; the people of Egypt are the source of authority, which is exercised through referenda and fair elections under judicial supervision, according to the electoral system that ensures equitable representation of citizens without any discrimination or exclusion.

(4) The political system of the state a democratic republican one, based on the balance of powers, the peaceful transfer of power and multi-party system, provided that the membership should not be on the basis of religious or ethnic, sectarian, class, or any other reference that would be in conflict with the fundamental rights and freedoms set forth in this declaration.

(5) The rule of law is the basis of governance in the country, and the public authorities, the legal personas - whether or public or private - and all citizens are subjected to the law without any discrimination. Independence of the judiciary is the basic guarantee for fulfilling the principle of subordination of the State and its institutions to the law and achieving justice for all citizens.

The higher councils of the judicial entities are mandated to be in charge of all matters relating to their affairs, and they must consent to the legislations related to their affairs prior to the issuance of such legislations.

(6) The national economy is based on comprehensive and sustainable development, which aims to achieve social welfare and meet the basic needs of citizens, and encourage investments as well as the protection of free competition and preventing harmful monopoly practices, in addition to ensuring consumer protection and ensuring equitable distribution of development returns to the citizens.

The State is committed to the protection of public ownership of utilities and other national wealth and natural resources, as well as land and the foundations of the national heritage (be it material or moral).

(7) The river Nile is the lifeline to the land of Egypt. The State is committed to good management and protection of the Nile from pollution and abuse, and to maximize the use of its waters and maintain the historic rights of Egypt in this regard.

(8) Egypt is a part of the African continent working to boost its development and cooperation between its peoples as well as the integration of their interests. Egypt is part of the Muslim world, defending its issues and working to promote the common interests of its peoples. Egypt is proud of its inherent role in the human civilization and contributes positively to the achievement of world peace and promoting the principles of justice, human rights and the cooperation between nations and peoples.

(9) The State alone shall establish the Armed Forces, which belong to the people and whose mission is to protect the country and its territorial integrity as well as its security and preserving the unity and the protection of the constitutional legitimacy. No organization, group or party is allowed to carry out the formations of military or paramilitary forces.

The Supreme Council of the Armed Forces - without any other - is in charge of handling all the affairs of the armed forces and discussing its budget. Such budget should be set as one item and one figure in the State budget. The Supreme Council of the Armed Forces - without any other - is also concerned with the approval of any legislation relating to the armed forces before issuing it.

The President is the Supreme Commander of the Armed Forces; and the Minister of Defense is the commander of the armed forces. The President of the Republic declares war after approval of the Supreme Council of the Armed Forces and the People’s Assembly.

(10) A council shall be called the "Council of National Defense" is to be established, and the President of the Republic shall chair it. This council is in charge with handling the affairs relating to the ways of securing the country and ensuring its safety. The law shall specify the terms of reference and the other authorizations of this Council. Defending the motherland is a sacred duty, and conscription is regulated according to the law. The law also regulates the general military mobilization.


Second: Public Rights and Freedoms

(11) Human dignity is an inherent right for every human being; and all Egyptian citizens are free and equal before the law regarding rights, freedoms and duties. The law prohibits discrimination between Egyptian citizens based on gender, ethnic origin, language, religion, creed, wealth, social status, political views, disability, or otherwise. It is possible to state some advantages to the special groups that require protection.

(12) The State shall guarantee freedom of religion, and ensure the free exercise of worship and religious rites, and it protects places of worship.

(13) Egyptian nationality is an inherent right for all citizens. The citizenship of an Egyptian citizen shall not be invalidated, and no citizen should be sent away out of the country or prevented from returning to it except by a causal judicial warrant.

(14) Freedom of opinion and expression and freedom of the press and the media are guaranteed, in the way that does not entail violation of or imposing prejudice on the sanctity of private life, the rights of others and the basic elementary foundations of the Egyptian society. The law prohibits the imposition of censorship on the media or confiscating or disabling the media except by a causal judicial warrant and for a specific period of time.

(15) Everyone has the right to knowledge, as well as the handling and dissemination of information and the right to participate in the cultural and artistic life in all its forms and diverse activities. The State guarantees the academic freedom and that of scientific research, as well as creativity and innovation, and ensures the independence of universities and scientific research centers.

(16) Everyone has the right to enjoy the sanctity of his private life and his personal correspondence, telephone conversations, electronic communications and information technology and other means of communication. It is forbidden to assault or violate the sanctity of these private dealings or restricting or confiscating them except by a causal judicial warrant and for a specific period of time.

(17) Every citizen has the freedom of residence and movement, and the citizen may not be arrested, searched, detained or imprisoned, or experiencing a restriction to his personal liberty except by a prior judicial decree.
No crime or punishment except as provided by a text in the law. The accused is innocent until proven guilty in a fair trial before his natural judge.

(18) Private property is inviolable and may not be touched without a court order and against fair compensation. The private ownership and property contributes with the public and the corporative ones in the development of the national economy.

(19) The right to work is guaranteed, and the State is to provide employment opportunities for every citizen without discrimination on fair terms, and it is committed to setting minimum wages to ensure the citizens a standard of living that commensurate with the human dignity. Every citizen has the right to hold public office, as long as he meets the conditions attached.

(20) Every citizen has the right to safe life, clean environment free from pollution, and the right to proper food, housing, health care, exercise, and the right to insurance against unemployment, sickness, disability and old age in accordance with the requirements of justice and social solidarity.

(21) Every citizen has the right to education; and the State is committed to providing educational opportunities in the educational institutions free of charge, and it works to ensure quality of education in order to maximize the investment in human capital, and have at least basic education compulsory. The state supervises all state educational institutions (public, private and civil society ones), to ensure the maintenance of national belonging as well as the national identity and culture.

(22) Citizens have the right to form trade unions, federations, associations and NGOs, and they have the right to peaceful assembly and demonstration, without prejudice to the rights of others or the fundamental principles and rights contained in this Declaration.

tags: Egyptian revolution / social justice / Egyptian Constitution / Egyptian people / Sharia / Non-Muslims / Egyptian citizens / freedom of religion / freedom of expressio / NGOs

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