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.