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On November 26, 2013, we saw the first implementation of a new Egyptian law effectively banning any and all protest not approved and regulated by the Ministry of Interior. This is the same Interior Ministry whose soldiers have killed thousands of protesters, maimed tens of thousands and tortured unknown others in recent years. This security apparatus is acting with renewed arrogance since the July coup that returned the Egyptian Army to a position of direct authority.

Hours later, the “No Military Trials for Civilians” campaign organized a protest against the new anti-protest law as well as the inclusion of military trials for civilians in the constitution currently being drafted. This time, the police beat and arrested dozens, among them some of Egypt’s most renowned activists, the same people who fought the injustice and oppression of Mubarak, the SCAF, the Muslim Brotherhood, and now Abdel Fattah al Sisi and the puppet civilian government in place since the coup.

Hours later, the police stormed Alaa Abdel Fattah’s home without a search warrant, beat him and his wife and kidnapped him; all this for charges of organizing the protest on the 26th. The following morning the prosecution questioned him at the Cairo Security Directorate and extended his detention to four days pending investigation.

On November 26, 2013, we saw the first implementation of a new Egyptian law effectively banning any and all protest not approved and regulated by the Ministry of Interior. This is the same Interior Ministry whose soldiers have killed thousands of protesters, maimed tens of thousands and tortured unknown others in recent years. This security apparatus is acting with renewed arrogance since the July coup that returned the Egyptian Army to a position of direct authority.

Hours later, the “No Military Trials for Civilians” campaign organized a protest against the new anti-protest law as well as the inclusion of military trials for civilians in the constitution currently being drafted. This time, the police beat and arrested dozens, among them some of Egypt’s most renowned activists, the same people who fought the injustice and oppression of Mubarak, the SCAF, the Muslim Brotherhood, and now Abdel Fattah al Sisi and the puppet civilian government in place since the coup.

Hours later, the police stormed Alaa Abdel Fattah’s home without a search warrant, beat him and his wife and kidnapped him; all this for charges of organizing the protest on the 26th. The following morning the prosecution questioned him at the Cairo Security Directorate and extended his detention to four days pending investigation.

as narratives of victimhood and heroism have been performed and re-interpreted by various actors to numerous audiences, contentious claims have been made in the names of these political martyrs by state and religious institutions, as well as the public. ‘Ownership’ of the memory of Egypt’s revolutionary martyrs is being utilised to defend and attack the use of violence by the state and security forces.

The barricading in of the Ministry of Interior with walls lays bare the intention of a weak regime to protect itself rather than its people. Likewise, the actions of the military and police, exposed by human rights groups and NGOs such as ‘No to Military Trials’, signifies the increasing desperation of the regime to hold on to power. The recent murder of twelve-year-old street vendor Omar Salah Omran by a military conscript in Cairo near the US embassy, and even more poignantly the cover- up attempts of fellow army officers, doctors and ambulance staff, shows the incompetence of the Morsi regime to deal with daily life in Egypt without resorting to violence and coercion.

Despite the chaos, opposition groups are learning from each subsequent wave of protest. As the state repeats its familiar tactics of repression, NGOs and activist organisations are becoming more adept at evidencing the brutality of the regime, from filming and capturing events on camera to uncovering and exposing false autopsy reports. Recent widespread civilian action in Port Said, ranging from government workers to microbus drivers, indicates a growing impatience that spans all sectors of society. It is common to hear people sitting in ahwas (street coffee houses) speaking of their latest plans to demand better conditions at work through strikes and walkouts. This culture of protest has been present in Egypt for years within certain groups and sectors, but now appears to be more prevalent than ever.

My focus is going to be on the articles related to the military, and rather than follow a liberal interpretation of law, where law is seen as apolitical, this analysis will be based on a realist interpretation of law, where law is seen as the codification of a political relationship backed by force. Although still subject to change, the draft constitution can tell us volumes on the current power relations within the Egyptian polity.

The most visible article that has provoked substantial controversy is article (174), which allows military tribunals for civilians. The proponents of this article have argued that it has been severely restricted, compared to earlier versions, and that it will only apply to cases of "terrorism". This argument, however, does not stand the test of scrutiny. The danger of this article is that it allows military tribunals to be held for “transgression against the public property of the military”. Considering that the military has an extensive economic empire that some experts estimate reaches up to 40% of the economy, this places the Egyptian working class in severe peril. In other words, if workers in those military establishments go on strike, perform acts of civil disobedience or occupy the factories, they can easily be deemed to be “transgressing” the property of the military, and sent to military tribunals, where the presiding judge is also an officer. This effectively means that the largest “capitalist” in the country has the power to send his workers to jail without the right to appeal. Needless to mention, the military's vast economic empire is not mentioned in the draft constitution, nor does it require civilian oversight and it is not subject to taxation. The military economic empire remains intact and protected. 

The council’s aim is to develop the media according to standards of “professionalism”, “ethics” and following the prerogatives of “national security”. This, combined with the leaked video of El Sisi planning a media clampdown and the shutting down of Bassem Youssef’s popular satirical show, do not bode well for freedom of media in Egypt. It is already extremely difficult to come across any media outlet that’s willing to take a critical stance towards the military. This control is now being codified into law.

Yet, one local trade union may save the day.  If it did, it would not be doing so for the first time.  For this is no ordinary union.  The Tunisian General Union of Labour (UGTT) has affected the character of Tunisia as a whole since the late 1940s.  It impacted significantly the 2011 revolution and the transition period, and is likely to impact the future. In this, it is unparalleled elsewhere in the Arab world.  And it is largely because of it that one may confidently say that Tunisia is not Egypt, or Syria or Yemen. Indeed, to understand Tunisia, one must get to grips with its labour movement.

UGTT has been the outcome of Tunisian resistance and its incubator at the same time.  For example, in 1984 it aligned itself with the rioting people during the bread revolt; in 2008, it was the main catalyst of the disobedience movement in the Mining Basin of Gafsa; and, come December 2010, UGTT, particularly its teachers’ unions and local offices, became the headquarters of revolt against Ben Ali. 

In 1978, UGTT went on general strike to protest what amounted to a coup perpetrated by the Bourguiba government to change a union leadership judged to be too oppositional and too powerful.  The cost was the worst setback in the union’s history since the assassination of its founder in 1952.  The entire leadership of the union was put on trial and replaced by regime loyalists. Ensuing popular riots were repressed by the army, resulting in tens of deaths.

She pointed out that it meant that all would be promptly released including, “above all Ali Seriati [chief of Ben Ali’s presidential guard] and Rafik Haj Kacem [former interior minister] This is serious. It is what happened under Ben Ali. So it is like we didn’t have a revolution.”  In previous trials Ali Seriati had been sentenced to 20 years and Rafik Haj Kacem, 15 years.