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CAIRO — An Islamist-backed constitution was approved on Saturday, propelling Egypt’s deeply divided political factions into a new phase in the battle over the country’s future.
CAIRO — - Egyptians approved an Islamist-backed constitution, state news media said Sunday, and the headlines made clear that the political brawl around it set off has only begun.
After millions went to the polls for the final round of a referendum, the charter’s approval, which had been predicted by all sides, marked an important milestone in Egypt’s chaotic two-year transition to democracy. A “yes” vote of 70 percent on Saturday brought the overall margin of passage to about 64 percent, according to the Muslim Brotherhood.
“The People Sided With Democracy,” the flagship state newspaper Al Ahram declared.
But the hastily drafted document leaves unresolved many questions about the character of that democracy, including the Islamists’ commitment to individual freedoms and their opposition’s willingness to accept the results of the political process without recourse to violent street protests.
“Wholesale violations,” ran the headline in the largest independent daily Al Masry Al Youm.
The charter’s path to the referendum has also taken Egypt to the brink of civil strife, exposing the alienation of the Christian minority, the political opposition’s refusal to negotiate and the Muslim Brotherhood’s willingness to rely on authoritarian tactics.
Passage of the constitution begins what its supporters call the first experiment in Islamist democracy and its results will be watched across the Arab world. Its approval is a victory for President Mohamed Morsi, of the Muslim Brotherhood’s political arm, who had sought to temporarily suspend the authority of the Egyptian courts in order to stop them from rulings he feared might block the referendum.
How those tensions are managed and the new constitution is put into effect will determine whether Egypt returns to stability or plunges further into discord, and much of the region is watching the outcome of that definitive Arab Spring revolt.
But a backlash against Mr. Morsi and his Islamist allies over their authoritarian tactics has now imposed new pressure to rebut charges that they intend to exploit loopholes in the charter to move Egypt toward theocracy.
Neither supporters nor opponents of the charter said they expected an immediate end to the partisan feuding that has torn at the country in the month before the vote.
In a press conference Sunday, opposition leaders called the charter illegitimate and vowed to use any peaceful means available to tear it down. “This is a constitution that lacks the most important prerequisite for a constitution: consensus,” Hamdeen Sabahi, a populist firebrand, declared. “This means we can’t build our future based on this text at all.”
The Islamists allied with President Mohamed Morsi said they intended to rebuild trust by using the new charter as a tool to battle remnants of former President Hosni Mubarak’s government. Old laws and prosecutors, the Islamists say, are protecting loyalists and holdovers while they obstruct change from within the bureaucracy and conspire with the opposition to stir up unrest. Leaders of the anti-Islamist opposition, however, said they hoped to carry the momentum of their struggle against the draft constitution into the parliamentary elections set to be held two months from now. They accused the Islamists of using the specter of a struggle against remnants of Mr. Mubarak’s government as a pretext to demonize the opposition and take over the machinery of the state.
But at the same time Mr. Sabahi and other political leaders said they planned to channel their movement against the charter into campaigns for the upcoming parliamentary elections, suggesting that at least for now to work with the process spelled out by the charter.
“If we accept the legitimacy of working within the system, they have to agree that the opposition is legitimate,” said Amr Moussa, a former foreign minister under Mr. Mubarak and a presidential candidate who has re-emerged as an opposition leader during the constitutional debate. “The ancien régime is finished. They are imagining things. They are imagining that if you say no to the constitution, as I have done, then you are part of a conspiracy to topple them.”
Amr Hamzawy, a political scientists and liberal political leader, said the size of the vote against the charter measured the opposition’s growing clout. “We have a majority than isn’t big and a minority that isn’t small. This means there is an evident division in society,” he said, adding, “We feel we’ve made a major achievement.”
Both sides of the ideological divide appeared to dig in.
About 64 percent of voters in the two-day referendum approved the new charter, Egyptian state media reported Sunday, citing preliminary local results. About 56.5 percent voted yes in last weekend’s first phase, which included Cairo, where a similar majority voted no. And in the more rural precincts that voted on Saturday more than 70 percent voted yes, mapping out Egypt’s cultural divide.
“A crack has emerged in Egypt; there’s a gap, there’s blood and deaths, there’s extremism,” said Ahmed Maher, who helped jump-start the revolution as a leader of the secular April 6 Youth Group and then served as a delegate in the constituent assembly that wrote a draft of the charter. “Something has happened between Egyptians that would make the results bad no matter what the outcome” of the constitutional vote, he said, predicting further clashes before the parliamentary elections.
The turnout across both rounds remained low, at just over 30 percent of eligible voters, according to the preliminary figures. A referendum on a plan for the transition after the ouster of Hosni Mubarak drew about 41 percent of eligible voters.
Adding to the uncertainty about what may come next, Mr. Morsi’s vice president, Mahmoud Mekki, resigned Saturday. The draft constitution would eliminate his position, and Mr. Mekki, a former judge, said that he had originally submitted his resignation in early November before a series of crises postponed it.
The opposition leaders argued violations of voting procedures had compromised the results and demanded that election authorities rule on the allegations before issuing official results, expected Monday.
“The nature of political work does not suit my nature as a judge,” he said.
But the ballots were cast into transparent boxes and counted on the spot under the supervision of independent monitors, reducing opportunities for fraud. And the margin of the approval, by 4.5 million out of 16.2 million ballots, meant that rigging the results would have required systematic fraud.
The turnout for Saturday’s voting appeared to be low, as it was last week. At one polling place in the dense Mohandeseen district near Cairo, the station was empty at midday. The low turnout may have reflected a lack of enthusiasm or perhaps a consensus among Egyptians that after last week, the charter’s approval was a foregone conclusion.
International experts said that the constitution itself does not significantly alter the role of religion in Egyptian law. But it raised the stakes for future contests over who will interpret it.t Although the new charter preserves an article from the old constitution declaring the principles of Islamic law a main source of legislation, it adds a new arcticle, #219, broadly defining those principles in accord with established Sunni Muslim scholarship.
Mr. Morsi’s advisers said that after the ballots were counted in the coming days he would deliver a televised address calling for unity and reconciliation. His critics said that to be credible he would need to strike a tone different from that of his previous address. In that speech, he blamed a conspiracy of foreign agents, Mubarak cronies and his political opponents for a deadly night of street fighting between his supporters and other protesters.
Zaid al-Ali (CQ), a researcher at the International Institute for Democracy and Electoral Assistance, an intergovernmental organization, said the constitution’s principle defects were not about religion. The biggest problem, he said, was that the charter protects the Egyptian military from legal and parliamentary oversight, engraving its autonomy in the constitution. Leaders of the Muslim Brotherhood had said privately for months that they were willing to provide the military such constitutional protections in order to ease the handover of power from the generals who assumed control from Mr. Mubarak.
In what Mr. Morsi’s advisers called a significant step toward reducing tensions, the president was planning to appoint some of his opponents to the Islamist-dominated upper house of Parliament. Although largely powerless, it will act as the main legislature until the coming re-election of the lower house, which was dissolved by the courts.
A second problem, Mr. Ali said, was the failure to decentralize decision making. While most of the world has shifted power closer to the local level, he said, the Arab states have resisted out of a historic fear of fragmentation. “Because of the centralization in the Arab region, as soon as you step out of the capital you are in different universe,” Mr. Ali said. “It is an ineffectual way to meet people’s needs and services aren’t delivered.”
Advisers to Mr. Morsi, who has the power to name 90 of the 270 seats, said he was expected to announce a roster of upper house appointees that would include eight representatives selected by the leaders of Egypt’s Coptic Orthodox, Catholic and Protestant churches. That was more than the number of representatives chosen by Egypt’s highest Muslim authority, Al Azhar. At least four other appointees are Christian as well, his advisers said.
Meanwhile, a small group of President Morsi’s Islamist supporters on Sunday continued a sit-in outside the constitutional court, still determined to discourage it from any ruling that might interfere with the referendum before the results are official.
Most members of Egypt’s Christian minority, about 10 percent of the population, have opposed the draft constitution since the Coptic Church withdrew its representatives from the constitutional assembly in a dispute over the role of Islamic law in Egyptian jurisprudence.
[[[Sectarian animosities continued to surround the vote. The Coptic Church pulled its representatives from the constitutional assembly in a dispute over the role of Islamic law in Egyptian jurisprudence, and before the vote many Christians said it was axiomatic that everyone of their faith would vote against the charter.
The leaders of the main opposition coalition have refused to negotiate with Mr. Morsi or take seats in the upper house. His Islamist allies will still dominate, they say. Islamists won more than 70 percent of the seats in the parliamentary elections in late 2011. But their opponents see an opportunity to gain seats in the coming Parliament because of the backlash against Mr. Morsi’s heavy-handed attempts to force the draft constitution to a vote. Mr. Morsi pushed ahead over the objections of his opponents, judges and the Coptic Church.
On Sunday, opposition leaders charged that in some precincts Islamists had intimidated Christians or blocked their access to the polls. But the allegations could not be confirmed.]]]
Mr. Moussa and others have said they hope the coalition forged to fight the draft constitution can hold together as a bloc in the elections. But if the anti-Islamist bloc does hold together, some worry it will force the mainstream Islamists of the Muslim Brotherhood into closer collaboration with the ultraconservative Salafis, reinforcing sectarianism and polarization.
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Moataz Abdel-Fattah, a political scientist and former delegate in the constitutional assembly, said neither side appeared willing to respect the views of the other.
“We have an elite running its affairs according to a strategy of stubbornness,” he said. “Everybody is trying to understand what the other side wants so that they can ask for the exact opposite.”
