CAIRO — The military council governing Egypt is moving to lay down ground rules for a new constitution that would protect and potentially expand its own authority indefinitely, possibly circumscribing the power of future elected officials.
The military announced Tuesday that it planned to adopt a “declaration of basic principles” to govern the drafting of a constitution, and liberals here initially welcomed the move as a concession to their demand for a Bill of Rights-style guarantee of civil liberties that would limit the potential repercussions of an Islamist victory at the polls.
But legal experts enlisted by the military to write the declaration say that it will spell out the armed forces’ role in the civilian government, potentially shielding the defense budget from public or parliamentary scrutiny and protecting the military’s vast economic interests. Proposals under consideration would give the military a broad mandate to intercede in Egyptian politics to protect national unity or the secular character of the state. A top general publicly suggested such a role, according to a report last month in the Egyptian newspaper Al- Masry Al- Youm. The military plans to adopt the document on its own, before any election, referendum or constitution sets up a civilian authority, said Mohamed Nour Farahat, a law professor working on the declaration. That would represent an about-face for a force that, after helping to oust President Hosni Mubarak five months ago, consistently pledged to turn over power to elected officials who would draft a constitution. Though the proposed declaration might protect liberals from an Islamist-dominated constitution, it could also limit democracy by shielding the military from full civilian control.
The military is long accustomed to virtual autonomy. Its budget has never been disclosed to Parliament, and its operations extend into commercial businesses like hotels, consumer electronics, bottled water and car manufacturing.
Some are already criticizing the military’s plans as a usurpation of the democratic process. Ibrahim Dawrish, an Egyptian legal scholar involved in devising a new Turkish constitution to reduce the political role of its armed forces, said the Egyptian military appeared to be emulating its Turkish counterpart. After a 1980 coup, the Turkish military assigned itself a broad role in politics as guarantor of the secular state, and in the process, contributed to years of political turbulence.
“The constitution can’t be monopolized by one institution,” he said. “It is Parliament that makes the constitution, not the other way around.”
Jurists involved in drafting the text say the Egyptian military told them to draw from several competing proposals that are circulating in Cairo. At least one assigns only a narrow, apolitical role to the military as guardian of national sovereignty. But others grant it sweeping authority and independence or a writ to intercede in civilian politics similar to the Turkish model.
Mr. Farahat said he was unsure of the wisdom of granting the armed forces a role in Egyptian politics, but he said he supported shielding the defense budget from public scrutiny as a guarantee of national security and military independence.
Others picked by the governing council to draft the declaration have argued publicly for a broad, Turkish-style role for the Egyptian armed forces in post-revolutionary politics. “The military in Egypt is unlike militaries in other countries where the military is isolated from the political life,” said Tahani el-Gebali, a judge involved in the drafting. “The military’s legacy gives it a special credibility, and hence it is only normal that the military will share some of the responsibility in protecting the constitutional legitimacy and the civil state.”
She said that she would prefer the governing council submit the declaration for up-or-down approval in a referendum, but that if it did not pass as expected, the document would derive its legitimacy from the authority of the governing military council.
The announcement of the declaration is a setback for the Muslim Brotherhood, the Islamist group considered Egypt’s best-organized and most formidable political force. It was poised to win a major role in the new Parliament, and thus in the writing of the new constitution. The group has opposed liberal proposals to draft a constitution before parliamentary elections expected this fall or to postpone the elections long enough to let liberals catch up in organizing.
Liberals — most notably Mohamed ElBaradei, the former United Nations diplomat who is now running for president of Egypt — have advocated a code of agreed-upon universal rights as a compromise in the increasingly bitter debate between Islamists calling for an early election and liberals demanding a constitution first. Mr. ElBaradei, whose own proposal includes a provision that narrowly defines the military’s role guarding national security, said the declaration “really should be put to a referendum so it would have some legitimacy.”
