Egyptian constitutional referendum, 2005

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The 2005 Egyptian constitutional referendum took place in Egypt on 25 May 2005. The referendum was on a proposed change to the constitution of Egypt which would establish direct elections for the presidency. The opposition parties called for a boycott of the vote, which was passed by a large majority.

Egypt Country spanning North Africa and Southwest Asia

Egypt, officially the Arab Republic of Egypt, is a country spanning the northeast corner of Africa and southwest corner of Asia by a land bridge formed by the Sinai Peninsula. Egypt is a Mediterranean country bordered by the Gaza Strip and Israel to the northeast, the Gulf of Aqaba and the Red Sea to the east, Sudan to the south, and Libya to the west. Across the Gulf of Aqaba lies Jordan, across the Red Sea lies Saudi Arabia, and across the Mediterranean lie Greece, Turkey and Cyprus, although none share a land border with Egypt.

A referendum is a direct vote in which an entire electorate is invited to vote on a particular proposal. This may result in the adoption of a new law. In some countries, it is synonymous with a plebiscite or a vote on a ballot question.

Constitution of Egypt

The Constitution of the Arab Republic of Egypt is the fundamental law of Egypt.

Contents

Background

Under the existing constitution, the People's Assembly, the lower house of the then-bicameral Parliament of Egypt, decided upon a candidate for president. That candidate was then confirmed by the people in a referendum. The incumbent president Hosni Mubarak was confirmed in four referendums in 1981, 1987, 1993 and 1999 receiving at least 95% supporting votes in each referendum. [1] By 2005 international and domestic pressure grew for reforms to this process to permit direct elections for the presidency. [2]

A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house.

Parliament of Egypt

The Parliament of Egypt is currently a unicameral legislature. The Parliament is located in Cairo, Egypt's capital. Under the country's 2014 constitution, as the legislative branch of the Egyptian state the Parliament enacted laws, approved the general policy of the State, the general plan for economic and social development and the general budget of the State, supervised the work of the government, and had the power to vote to impeach the President of the Republic, or replace the government and its Prime Minister by a vote of no-confidence.

The incumbent is the current holder of an office. This term is usually used in reference to elections, in which races can often be defined as being between an incumbent and non-incumbent(s). For example, in the Hungarian presidential election, 2017, János Áder was the incumbent, because he had been the president in the term before the term for which the election sought to determine the president. A race without an incumbent is referred to as an open seat.

On the 26 February 2005 President Mubarak called on parliament to amend Article 76 of the constitution to allow multi candidate elections for president to take place in time for the presidential election due later in the year. This change would then be put to a referendum in May. [3] On the 10 May the Parliament of Egypt overwhelmingly approved the change to the constitution by 405 votes to 34 and the referendum was set for the 25 May. [4] [5]

Referendum question

Egyptian voters were asked to vote on the question:

Do you agree to amending Article 76 of the Constitution of the Arab Republic of Egypt? [6]

Campaign

Opposition parties called on voters to boycott the referendum. They were opposed to the strict requirements that the amended constitution would require candidates to meet in order to be able to stand in presidential elections. [6] Under the proposed amendment independent candidates would be required to get the support of 250 elected members of councils and parliament including 65 of the 444 members of the People's Assembly of Egypt in order to stand. Candidates from political parties could stand in the upcoming election in September, but for future presidential elections they would have to win 5% of the seats in the People's Assembly before being able to field a candidate. Political parties would also have to have existed for five years before they could put a candidate up for election. [7] The councils and parliament were all dominated by members of the governing National Democratic Party and no other political party then met the 5% level. [8] [9] As a result, the opposition said that the changes would not allow candidates to stand unless the governing party permitted them to. [7] As well as the legal opposition parties, the banned Muslim Brotherhood group also called on voters to boycott the vote, describing it as meaningless. [10] [11]

National Democratic Party (Egypt) former political party in Egypt

The National Democratic Party, often simply called in Arabic: الحزب الوطني‎ Al-Ḥizb al-Waṭaniy – the "National Party", was an Egyptian political party. It was founded by President Anwar El Sadat in 1978.

Muslim Brotherhood transnational Sunni Islamist organization

The Society of the Muslim Brothers, better known as the Muslim Brotherhood, is a transnational Sunni Islamist organization founded in Egypt by Islamic scholar and schoolteacher Hassan al-Banna in 1928. The organization gained supporters throughout the Arab world and influenced other Islamist groups such as Hamas with its "model of political activism combined with Islamic charity work", and in 2012 sponsored the elected political party in Egypt after the January Revolution in 2011. However, it faced periodic government crackdowns for alleged terrorist activities, and as of 2015 is considered a terrorist organization by the governments of Bahrain, Egypt, Russia, Syria, Saudi Arabia and the United Arab Emirates.

The government described the amendment as the historic beginning of a new democratic era. [7] They said that restrictions on who could stand as a candidate were necessary in order to prevent candidates who would use their wealth to buy votes and to ensure that only candidates who had a serious chance could stand. [12]

On the 24 May five petitions by the opposition to stop the vote were rejected by the Egyptian judiciary. [13]

Voting

On the day of the referendum itself demonstrations were made against the strict rules on who would be able to stand in future presidential elections. At protests in Cairo demonstrators were beaten by government agents and supporters. [14] Observers reported seeing a low turnout at the polls in the capital Cairo but reports said there had been a larger turnout elsewhere. [15]

Many Egyptians got time off from work to vote and the Governor of Cairo gave free public transport to those who showed their voter registration card. [9] In a number of areas government employees were taken by bus to the polling stations in order to vote with support for President Mubarak being said to be one of the main reasons for people to vote yes in the referendum. [9] [16] The official turnout figures at around 54% were higher than in any previous presidential referendum. [10]

Results

ChoiceVotes%
For13,593,55282.85
Against2,811,89417,15
Invalid/blank votes778,856
Total17,184,302100
Registered voters/turnout32,036,35353.64
Source: IFES

Aftermath

Following the referendum a report produced by Egyptian judges for the Cairo Judges' Syndicate said that the referendum had seen large scale fraud and that the results had been falsified. They said that polling stations where they had supervised voting had seen only a very low turnout, while in areas overseen by civil servants turnout was often over 90%. The Interior Ministry, however, rejected these claims saying that people in Southern Egypt had turned out in high levels due to their interest in voting. [17]

Presidential elections were held under the amended constitution in September 2005 and President Mubarak was re-elected with over 88% of the vote on a low turnout. [18]

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References

  1. "Mubarak permits first direct elections". London: The Times . 2005-02-28. Retrieved 2009-03-13.
  2. Jansen, Michael (2005-02-28). "Mubarak says he will allow democratic elections". The Irish Times. p. 9.
  3. Wallis, William (2005-02-28). "Mubarak plan to open up elections stuns Egypt". Financial Times. p. 11.
  4. "Egypt approves an open presidential vote, but critics see no change". International Herald Tribune . 2005-05-11. Retrieved 2009-03-14.
  5. "Egypt referendum on poll change". BBC Online . 2005-05-12. Retrieved 2009-03-14.
  6. 1 2 "Opposition in Egypt to Boycott Vote". ArabNews . 2005-05-18. Retrieved 2009-03-14.
  7. 1 2 3 "Egypt approves new electoral law". BBC Online . 2005-05-10. Retrieved 2009-03-14.
  8. "Egypt: Referendum Held On Multi-Candidate Presidential Polls". Radio Free Europe/Radio Liberty . 2005-05-25. Retrieved 2009-03-14.
  9. 1 2 3 "Egyptians cast ballots in key referendum". International Herald Tribune . 2005-05-25. Retrieved 2009-03-14.
  10. 1 2 "Egypt Approves Referendum on Elections". Fox News Channel . 2005-05-26. Retrieved 2009-03-14.
  11. "Egypt 'reform' law defeat urged". BBC Online . 2005-05-09. Retrieved 2009-03-14.
  12. "Egypt votes on election changes". BBC Online . 2005-05-25. Retrieved 2009-03-14.
  13. "Egyptian judiciary rejects halting referendum on the constitution". www.arabicnews.com. 2005-05-24. Archived from the original on 2008-05-22. Retrieved 2009-03-14.
  14. "Violence mars Egypt's election law referendum". USA Today . 2005-05-25. Retrieved 2009-03-14.
  15. "Clashes tarnish Egypt referendum". BBC Online . 2005-05-26. Retrieved 2009-03-14.
  16. "Egypt says 'yes' to contested elections". The Independent . 2005-05-27. Retrieved 2009-03-14.
  17. "Egyptian Judges Challenge Referendum Result". ArabNews . 2005-07-03. Retrieved 2009-03-14.
  18. Cambanis, Thanassis (2005-09-10). "Egypt's Mubarak is reelected president". The Boston Globe . Retrieved 2009-03-14.