The first draft of the constitution approved on November 29, 2012, by Egypt’s 100-member constituent assembly in the midst of a political stand-off between the president and the judiciary, provides for basic protections against arbitrary detention and torture and for some economic rights but fails to end military trials of civilians or to protect freedom of expression and religion.

The constitution drafting process has been extremely contentious, and a number of assembly members resigned in protest over what they said was the failure of the dominant Islamist factions to compromise on key issues, including the place of religion in affairs of state. The decision comes on the heels of President Mohamed Morsy’s controversial November 22 Constitutional Declaration immunizing his decrees from judicial review.

“The decision of constituent assembly leaders to move a flawed and contradictory draft to a vote is not the right way to guarantee fundamental rights or to promote respect for the rule of law,” said Joe Stork, deputy Middle East and North Africa director at Human Rights Watch. “Rushing through a draft while serious concerns about key rights protections remain unaddressed will create huge problems down the road that won’t be easy to fix.”

Human Rights Watch wrote to the constituent assembly on October 8 outlining key concerns about various rights provisions based on a review of a September 27 draft of the constitution. There have been some improvements in the final draft, such as in the prohibition against torture and the deletion of other provisions incompatible with human rights law that would have unduly restricted free expression or the practice of religion, Human Rights Watch said.

Article 81 states that no law may limit the essence of the rights and freedoms set out in the constitution but goes on to say that, “These rights and freedoms shall be exercised insofar as they do not contradict the principles set out in the Chapter on State and Society in this constitution.” The provisions in that chapter include article 10, which states that, “The state and society shall commit to preserving the true nature of the Egyptian family,” and article 11, which states that, “The state shall protect ethics and morals and public order.” The language in both these provisions is overly broad, open to interpretation, and available to justify wide-ranging limitations on key rights, Human Rights Watch said. It appears to place the “true nature of the family” and morals and public orders above fundamental rights.

One positive development is that the final draft no longer includes what had been article 68 in earlier drafts on women’s rights, which stipulated that equality for women would be subject to conformity with rulings of Islamic law, a provision strongly promoted by Salafi members of the assembly. However, the draft no longer lists “sex” as one of the grounds for prohibiting discrimination, as no grounds are named. Article 30 now states that, “Citizens are equal before the law and equal in rights and obligations without discrimination,” without specifying whom this provision covers. Read together with article 10, the failure to specify discrimination on the grounds of gender becomes problematic, Human Rights Watch said. Article 10 says: The state shall provide free motherhood and childhood services and shall balance between a woman’s obligations toward the family and public work. The state shall provide for special care and protection for single mothers, divorced women and widows.

On the ground of freedom of speech, article 45 protects freedom of expression without stating what legitimate limitations are permissible and how to balance this right against article 31, which states that, “The individual person may not be insulted,” and article 44 prohibiting “the insulting of prophets.” Articles 31 and 44 are not legitimate limitations on freedom of expression under human rights law, and they would appear to make difficult, if not impossible, any meaningful reform to existing penal code provisions that criminalize “insult” and defamation, provisions frequently used in the past to prosecute critics of the government. Criminal prosecutions on charges of “insulting the president” or “insulting the judiciary” have increased since Morsy took office.

The final draft fails to limit military trials of civilians, backtracking on language in the rights chapter in drafts as recently as November 11, article 75 of which stated that, “No civilian shall be tried before the military justice system.” Assembly members deleted this language after military justice officials formally objected. Article 198 of the final draft now provides that, “Civilians may not be tried before the military justice system except for crimes that harm the armed forces, and this shall be defined by law.” This leaves intact the military’s discretion to try civilians under the Code of Military Justice.

Finally, article 145 states that the president shall sign treaties and that they must be ratified by the upper and lower houses of parliament, and goes on to say that, “No international treaty that contradicts the provisions of this constitution shall be signed.” Human Rights Watch had urged members of the Assembly to include a provision directly incorporating human rights as defined by international treaties ratified by Egypt into Egyptian law to strengthen the basis for amending many domestic laws that restrict rights.

“The change met the expectations of most Somalis and has raised higher expectations for more change,” the Secretary-General’s Special Representative and head of the UN Political Office for Somalia (UNPOS), Augustine P. Mahiga, told a Security Council meeting on Somalia.

The war-torn Horn of Africa nation now has a new Constitution, a new Parliament and new elected Speaker and President. Earlier this month, President Hassan Sheikh Mohamud appointed Abdi Farah Shirdon as the new Prime Minister. Once confirmed, Shirdon will form the country’s first post-transition Government.

Briefing the 15-member body via video-conference, Mr. Mahiga added that the Somali authorities now urgently need assistance to meet new challenges. Among the priority tasks facing the new administration is to move quickly to lead in the stabilization of the liberated areas.

“This is critical in filling the vacuum which could otherwise emerge from the retreat of the insurgents,” the envoy said. “The immediate challenge which the Government faces is, hence, the establishment of local and district administrations, justice and rule of law, as well as to provide basic services to the population.”

He noted that the security situation in Somalia has “vastly improved,” thanks to the continuing efforts of the UN-supported African Union Mission in Somalia (AMISOM), the Ethiopian forces and the Somali Government and its local allied forces.

“The fall of Kismayo, the last stronghold of the extremist Al-Shabaab insurgents, in late September, marked a decisive turning-point in the conflict,” he stated, referring to the southern port city that was liberated by AMISOM. “The challenge now is to align the security and political strategies in Kismayo as part of the overall stabilization strategy in the newly-recovered areas.”

Although the Al-Shabaab has now dispersed into a “rag-tag militia,” it has nonetheless, embarked on more asymmetrical, terrorist and hit-and-run tactics as it occasionally does in Mogadishu, said the UN official.

“These are tactics which AMISOM and the Somali forces must be equipped to deal with, as they control more territory and their lines of supply get extended. Another worrying trend is the ongoing assassinations and targeted killings of civilians,” Mahiga said. “These trends call for the expeditious deployment of AMISOM to its full strength, with the necessary logistical support and the enhanced training and strengthening of the Somali Security Forces.”

It is also essential that AMISOM – the current mandate for which expires on 31 October – is supported to control more effectively the coastal waters around Mogadishu, Marka, Baraawe and Kismayo, in order to protect its own forces, supply lines, interrupt Al-Shabaab re-supply lines and effectively secure the ports for commercial use, Mahiga added.

The African Union (AU) has informed the Council that, working together with the UN, it intends to undertake a thorough assessment of AMISOM and how best it can contribute to the stabilization of Somalia in light of the gains made on the ground and the challenges ahead. This process is expected to start in the next few weeks and to be concluded in the coming months.

In the meantime, the AU has requested that the Council authorize a technical rollover of the current support package for AMISOM for four additional months, until February 2013, with some slight adjustments “to take into account pressing issues on the ground,” according to a letter before the Council.

This includes requests for the deployment of an additional 50 civilian personnel across the Mission area, as well as a maritime component, taking into consideration “the critical role of naval assets for the effective implementation of the AMISOM mandate and the stabilization of Somalia.”

Mahiga said that UNPOS had begun a consultative process to review the future presence of the UN in Somalia, and that this would be led by the needs and expectations of the Somalis. He added that the political and security strides that Somalia has made must not distract the international community from the ongoing dire humanitarian situation, in which more than two million Somalis remain in urgent need of food aid and other assistance.

Funding is drying up, less than one year after famine raged and despite negative humanitarian indicators, he noted. “I urge the international partners to sustain and expand their assistance to Somalia, to prevent it from sliding back into famine and misery,” he said.

“The Working Group is concerned that in the drafting of a new constitution, in particular, its article 28, gains on equality and women’s human rights and women’s status in society achieved in the last five decades risk being rolled back,” said Kamala Chandrakirana, who currently heads the UN expert panel.

Made up of five independent experts, the Working Group’s focus is to identify, promote and exchange views, in consultation with States and other actors, on good practices related to the elimination of laws that discriminate against women. At the time of its establishment by the Geneva-based Human Rights Council, in September 2010, it was hailed as a milestone on the road towards women’s equality with men.

Demanding democracy and freedom, the people of Tunisia were at the vanguard last year of a wave of popular uprisings across North Africa and the Middle East, which became known collectively as the Arab Spring. These movements have led to changes in government in Tunisia, Egypt, Libya and Yemen, and to uprisings elsewhere. Tunisia’s political transition started in January last year, and in December, an interim Government was appointed.

According to a news release from the Office for the UN High Commissioner for Human Rights (OHCHR), Tunisia’s new draft constitution places women on unequal footing with men and does not consider them as independent, full individuals. It also delineates their role as ‘complementary to the one of the men in the family’ and fails to ensure that this provision is reciprocal.

“Rights are guaranteed to women not on the basis of them being entitled to human rights by virtue of the fact that they are human, but rather, them being complementary to men,” Chandrakirana said.

“Although the text refers to women’s role in nation-building, it conditions this on women being ‘complementary to men,’ thereby failing to establish the basis for full independence and empowerment of women, and their participation as active citizens for change,” she added.

According to the Working Group, women in Tunisia have long enjoyed an admired position in a region where much remains to be done to protect and promote women’s human rights, thanks in part to previous efforts by the women’s movement and the Government’s adoption in 1956 of the Code of Personal Status, which contained progressive laws on equality between men and women.

“The current Government has an obligation and responsibility to build on these achievements,” Ms. Chandrakirana said. “While Governments change, international human rights obligations remain binding.”

The Government of Tunisia has accepted a visit of the Working Group in November.

Although the motives for his killing remains unclear, Abdi Jeylani Malaq ‘Marshale’ had produced and broadcast satirical programs for the Somali Radio Kulmiye and Universal TV, and had previously received death threats from al-Shabab, the Islamist armed group fighting against Somalia’s Transitional Federal Government.

He is the eighth person working in the media to be killed in a targeted attack in Somalia since December 2011. Several journalists have also narrowly escaped assassination attempts this year.

“Amnesty International is shocked not only by the continuing pattern of targeted attacks against media workers, but also at the inaction of the Somali authorities to protect them and to investigate these attacks seriously,” said Bénédicte Goderiaux, Somalia researcher at Amnesty International.

“Not a single person has been brought to justice for the killings of journalists in Somalia this year, nor in previous years. The Somali authorities must conduct thorough investigations into the killings, ensure that perpetrators are brought to justice in fair trials and address the widespread impunity which exists in Somalia.

“The international community should step up efforts to help re-establish the rule of law and ensure accountability for the numerous crimes under international law committed in Somalia.”

Meanwhile, a draft Provisional Constitution for Somalia was today approved by the National Constituent Assembly in Mogadishu – one of the steps agreed between the Somali transitional authorities and the international community to end the transitional period in the country.

Amnesty International urges the current and future Somali authorities to take all the steps necessary to make the right to life and the right to freedom of expression and freedom of the press a reality – rights guaranteed in the Provisional Constitution.

“There are currently no mechanisms in place for media workers in Somalia to report threats and to get advice on improving their safety,” said Goderiaux.

“Somali media workers, who continue to risk their lives, should be fully consulted by the Somali authorities and the international community over ways to improve their protection.”

The United Nations envoy for Somalia has strongly condemned the killing of prominent Somali comedian and media worker Abdi Malaq Jeylani, and called on the authorities to bring the perpetrators to justice.

“Almost every month we mourn a victim in the Somali media world. This is simply unacceptable,” the Secretary-General’s Special Representative, Augustine Mahiga, said in a news release.

“I call again on the Somali authorities to take immediate action and do all that is necessary to conduct a full and independent investigation into this attack and bring the perpetrators to justice,” added Mahiga, who also heads the UN Political Office in Somalia (UNPOS).

The Special Representative noted that, despite promises, there has been “little to minimum progress” on the investigations of crimes against media professionals. “I call again on the relevant authorities to protect the journalists in the country and safeguard their work. UNPOS stands ready to assist towards this end,” he said. “The cycle of impunity must end.”

Yesterday, lawmakers in the Horn of Africa nation adopted the Provisional National Constitution, completing an important milestone towards ending the current transitional period that is scheduled to conclude on 20 August.

The provisional constitution “clearly stipulates the right to freedom of expression and opinions, including freedom of speech and freedom of the media in all forms,” UNPOS pointed out.

In addition, the Transitional Federal Government held a constitutional conference in May on freedom of expression, during which Somali leaders expressed their uncompromising support to media freedom and raised the need to enhance the judicial system.

After decades of warfare, Somalia has been undergoing a peace and national reconciliation process, with the country’s Transitional Federal Institutions currently implementing the so-called Roadmap for the End of Transition in Somalia, devised in September last year, that spells out priority measures to be carried out before the country’s transitional governing arrangements end in 18 days’ time.

“The Secretary-General welcomes the adoption,” a spokesperson for Secretary-General Ban Ki-moon told reporters at UN Headquarters in New York today. “He congratulates the delegates and the Somali leadership for this historic achievement and their commitment to ending the transition and to establishing new, representative political institutions in the country.”

“Today is a day of celebration,” the Secretary-General’s Special Representative and head of the UN Political Office for Somalia (UNPOS), Augustine Mahiga, said in a statement.

“The adoption of the Provisional Constitution is an historic achievement as it completes one of the most important milestones towards ending the current transitional period and ushering in a new political future,” he added.

After decades of warfare, Somalia has been undergoing a peace and national reconciliation process, with the country’s Transitional Federal Institutions currently implementing the so-called Roadmap for the End of Transition in Somalia, devised in September last year, that spells out priority measures to be carried out before the current transitional governing arrangements end in 20 days’ time.

The Provisional Constitution was a key part of the process – it will provide a legal framework governing the workings of the new Somali Federal Institutions after 20 August.

According to UNPOS, jubilant applause broke out at the National Constituent Assembly’s (NCA) meeting in the capital, Mogadishu, today, when the text for the document was approved by 621 delegates, with 13 votes against and 11 abstentions. The NCA, made up in total of 825 delegates drawn from all Somali clans, had spent the past eight days of deliberations.

“The Constituent Assembly embodied the diversity of Somali society around the traditional clan system, and ensured inclusiveness by bringing together elders, religious leaders, women, youth, business people, intellectuals and the Diaspora,” Mahiga said.

The voting took place despite suicide attacks on the NCA’s meeting venue earlier this morning. According to media reports, two suicide bombers blew themselves up at the gates of the venue, and the attempt follows a series of explosions in the capital, including roadside bombs and grenade attacks.

Mahiga noted that the Somali delegates “were not deterred” by the suicide bombings, the damage from which was minimized by security personnel consisting of Somali forces and the UN-backed African Union Mission in Somalia (AMISOM). “I pay tribute to the Somali and AMISOM security personnel who ensured the safety of the delegates and the process,” he said.

In his remarks to reporters, Ban’s spokesperson said the UN chief condemned the suicide attacks, noting that “terrorism must not be allowed to roll back the important gains that have been made so far.”

Until last year, most of Mogadishu, was, for several years, riven by a fluid frontline dividing the two sides – fighters belonging to the Al Shabaab militant group and troops belonging to the Somalia Government, with the latter supported by AMISOM.

Since the Al Shabaab withdrawal from the capital in August last year, the frontlines have been pushed back to the city’s surrounding area. However, the use of roadside bombs, grenades and suicide bombers still takes place. In addition, Government forces have been on an offensive against the Al Shabaab, which still controls parts of Somalia, primarily in its south-central regions.

While praising the Somali delegates for the vote today, both the Secretary-General and his envoy to Somalia emphasized that adoption of the Provisional Constitution is not the end of the process.

“It is an important step towards the creation of a better future for all Somalis,” Ban’s spokesperson said. “The Secretary-General encourages all stakeholders to undertake the last steps to end the transition peacefully, united, and with the best interest of the Somali people in mind.”

“The constitution must now be implemented to become a living reality,” Mahiga said. “For that to happen, the final steps to ending the transition must be taken including selecting a representative Parliament, and electing a Speaker, the President, and appointing an executive government.”

In a statement released yesterday, the envoy said he looked forward to the emergence of the Parliament, but warned of “disturbing reports” of bribery and intimidation to secure seats in the new body.

“We should not allow Parliamentary seats to become commodities for sale or items for auction to the highest bidders at a time when we are seeking to reclaim the true stature of a dignified and respected Somali nation,” he said.

Some 2.7 million people in the North African nation have registered to vote for members of a new National Congress, which will be tasked with drafting a new constitution for Libya.

The polls, which are scheduled to be held on 7 July, will be the first free elections in decades in Libya, where Muammar al-Qadhafi ruled for more than 40 years until a pro-democracy uprising last year led to civil war and the deposing of his regime.

“The new Libya provides a new opportunity for Libyan women to articulate your political, economic and social aspirations,” the Secretary-General’s Special Representative and head of the UN Support Mission in Libya (UNSMIL), Ian Martin, said at an event held yesterday in the capital, Tripoli, to celebrate women’s participation in the electoral process.

“If women have equal opportunities to fulfil their political and socio-economic role, this contributes to development, democracy, nation-building and peace for all Libyans,” he added.

There are over 600 women candidates standing for election next month. Mr. Martin congratulated them, stating that they are role models not just for the women and girls of Libya, but also for the many people who will be watching them across the globe.

“It is inspiring for all of us to see you claiming your equal political and civic rights to build a new Libya,” he stated.

The envoy also paid tribute to civil society representatives who have advocated, through social media, demonstrations, petitioning and public for a, for further change in the daily lives of Libyans.

“I congratulate you for the contributions you have made to advance gender equality and women’s empowerment to date,” he said. “I commend your practical efforts to support women to register to vote, to educate women and men as to voting, and the support you are providing to women candidates.”

“I have underlined that political reforms remain at the core of the accession process and that the work launched on implementing the 2010 Constitutional reform package as well as the new process to reform the constitution are steps in the right direction,” Fule said. “Clearly, this process should be as inclusive and transparent as possible,” he added.

Fule noted that, together with the Danish Presidency he underlined the quintessential importance of the issue of freedom of expression for democracy and for the EU. “The voices of dissent and opposing points of view must be heard and respected if democracy is to function,” he said.

“I have also highlighted the very positive steps related to visa and readmission. It is a big achievement that Council conclusions were adopted yesterday, clearly mentioning – for the first time – the perspective of visa liberalisation for Turkey. This, demonstrates clear commitment of the European Union to move forward on an issue which I know is so important to Turkey and its citizens. On the same day, the EU-Turkey readmission agreement has been initialed,” Fule argued.

“I know that my colleague Cecilia Malmström has been very committed to work together with both Turkey and the Member States on this first positive step. I hope what we will now be able to take the following steps as swiftly as possible, starting with the signature of the readmission agreement, adoption of the relevant action plan and ending of course with the ultimate objective of visa liberalisation for Turkish citizens.”

“As regards the accession negotiations, I can but stress that it is in everybody’s interest to give the negotiations new momentum. Therefore, the launch of the positive agenda, covering a broad range of areas of common interest with Turkey, and the work that has been undertaken in this context has been an important step forward and appreciated by everybody… Finally, I have also underlined that by respecting its contractual obligations towards the EU the implementation of the Additional Protocol would inject new life into the accession process. Several chapters could be opened and some even closed relatively quickly,” Fule added.