Nasri Marco Memo - American Bar Association

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Key note presentation
Dr. Nasri Marco
President Sharm el Sheikh International Arbitration Centre
Lawyer before the Supreme Court of Egypt
American Bar Association and SMU Dedman School of Law Dallas Texas USA
On its symposium THE ARAB SPRING : DOING BUSINESS AND THE RULE OF LAW
Ladies and gentlemen, distinguished professors, Justice Adel Omar Sherif
I have chosen to namely call Justice Sherif as I always have the honor, being an Egyptian liberal,
to be recommended by him In international conferences.
Last year, I had the honor to participate with him in the largest interfaith symposium in India
lucknow, where, as today I chose to speak in an unconventional way about January 25 th
revolution in Egypt, people’s behavior, Coptic and moslems’ hypocrisy or truth.
Today as we continue in this same spirit talking about business in “Mena” and the rule of law, I
will emphasize my talk about Egypt, as it reflects a general attitude on the Arab countries and
the so called Arab spring that turned out to be a Muslim Arab spring.
It goes of course without saying, that I have all the sympathy for my moselm co-citizens,
moderate like me, but I sure have a lot to say about moslem fanatism, that is using the wave of
this Arab spring to spread on an Arab world that did not know such behavior before.
I am very honored to be amongst you today in the USA here in Texas, land of pioneers, that
through their history knew how to set for real democracy and freedom, and as I have chosen
not to be conventional in this lecture.
I will start with the famous Arabic word “Texas al salam alayykom” which means “Texas may
peace be on you.
Now coming to our subject and after having the honor of hearing the distinguished speaker in
my panel I would very much appreciate if before my talk we would have 5 minutes of attention
to Senator Kirks of Illinois’s predictions in the American senate back in 2012, which I feel gives
us a very good resume of our situation today.
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Hoping that you realize with me, as one of the founders of the Egyptian liberal party called
“Free Egyptians” which we founded with Naguib Sawiris back in April 2011, that secular parties
did not have much chance to compete with muslim long time regulated agendas.
Egypt’s high unemployment rate, weak economic reforms and illiteracy have led the poor
community to believe in those parties that are sitting today in power to the extent that secular
parties and movements have, after drawing the new constitution, been obliged to create the
National Rescue Front (gabhet el enkaz el watany) trying its best through demonstrations that
led the power in force to defend its case by events of violence and massacres of which I can
state.
1- “Maspero” which was a massacre for Egyptian Christians namely copts in front of the
National television building rioting against burning of their churches in several points of
Egypt
2- “Mohamed Mahmoud” events 1 and 2 which were a new demonstration of secular
parties against the army and the police who criminally attacked protestors in Tahrir
square causing hundreds of injuries and several deaths.
3- Event at “Magles el Wozaraa” – Minister’s assembly offices protesting about the silence
of the new government in non condemning the police force killing and injuring
protestors.
4- Then “El Etihadeya” riots and protests in front of the presidential palace where Moslem
Brotherhood squads attacked with no mercy all the civilians that were protesting in
front of the palace, rejecting criminal attitudes from police and army.
5- Finally of course, we have the general “strike of judges and prosecutors” in action till
today against the criminal offence of surrounding the high constitution of Egypt
preventing its members to issue their judgments in anti constitutionality of the people’s
assembly with both its chambers and the new founding committee of the Egyptian
constitution and the removal of the General Prosecutor putting in charge a new General
Porsecutor of Islamic loyalty.
It goes without saying that this revolution in Egypt started only by liberals seeking opportunities
for life calling it “eish”, bread, “horreya” liberty “adala” justice .
This fantastic uprise of the movement led to the failure of the old regime, but in a country
where the revolution started on “Facebook”, you cannot expect to have leaders or a leading
program with defined targets.
To understand, now I have to take you back to Egypt’s ancient history to acknowledge that by
“atavism” Egyptians were “colonized” since the beginning of their history till today
The first civilization in Egypt appeared 3200 BC when it was united by King Narmer also named
Mina the unifier 3200 – 2430 BC where ten consecutive dynasties occupied the country and
built the pyramids and forming the first Egyptian army.
Then Egypt passed to the Middle Egyptian dynasty “el dawla el wosta”..2050 bc – 1800 BC 1117th dynasty.
Modern Egyptian dynasty 1750 – 663 BC 18 – 31st dynasty
Until 500 BC – 31 dynasties have ruled Egypt of which families 13, 14, 15 and 16 were not
Egyptian ruled by shepherds from the east who conquered the country under the 27th family till
the 31st people of Persian origin. Up till Alexander the Great arrived from Macedonia to
conquer in 305 BC then consecutively started the Ptolemaic, the Romanian era and Byzantine
era until 639 AD.
Noticing now that the Egyptian army since its formation, is one of the oldest armies in the
world but was always ruled by foreign origin leaders until new Egypt was founded by Mohamed
Aly in 1805 and started a new civilization also by foreign origins, which gave us the Egyptian
royal family up till the coup d’etat “military uprise” by Gamal Abdel Nasser in 1952 called the
first Egyptian revolution when Egyptian officers were allowed in army ranks in the middle of the
19th century.
Egypt since history has always known a military dictatorship until its first civil revolution on the
25th of January 2011 where youngsters on “Facebook” without definite goals or political
agendas wanted to express their anger and to prevent a Mubarak dynasty to take place.
The shouts in the street were for bread, freedom and social justice.
Moslem Brotherhood!!!!
A religious sect with no political experience or administrative agendas was the only group ready
to show solidarity and to raise huge numbers of poor people for elections.(bottles of cooking
oil, rice and sugar apart from money and promises to paradise were distributed in all elections.)
In a special agreement with the military council who did not want to take over the political role
and who understood very fast that this popular uprise was definitely against any occupation
“military included” suddenly facing riots and civil demands for rights from all working forces
seeking social justice.
Moslem brotherhood forced the pace to go into parliamentary and presidential elections
before the drawing of the New Constitution.
This resulted in more religious political decisions with a weak president and weak political and
administrative councils and assemblies that led to more violence often leading to the
withdrawal of those decisions due to peoples’ uprise.
I can lately state the curfew decision of the canal cities, Port Said, Suez and Ismailia, issued by
President Morsi after enormous clashes between the police and civilians (the curfew was
dictated by president Morsi from 9 pm to 6 am) where civilians in majority of the three cities
decided to party and demonstrate in the street breaking the curfew and defying authorities to
shoot on the whole population.
Needless to say for example that this last curfew ended in football games between the army
squads and the people in the central place of each governorate in front of the governor’s
house.
This leads me to explain the reason for that curfew after the so-called revolution. Only in egypt.
a- During a soccer game between “ahly” – Cairo and “el masry” – Port Said team where 22
players were on the ground, 79 people were killed in Port Said because of a fight in the
game.
Huge demonstrations In all Egypt of El Ahly ultras putting pressure on the Egyptian
jurisdiction leads the court to issue a judgment of 21 death penalties – Port Said people
and the canal cities start a tremendous uprise with confrontation with the authorities
and the police to prevent accused prisoners to attend the court judgment 44 people are
killed in the demonstrations and 900 injured.
An attack of the population against police quarters leads to the death of four police
officers.
Police responded the day of the mass funeral with a bullet shooting attack on the
people. 20 more civilians were killed, civilians attack police stations and squads and
president Morsi declares curfew and finally civilians are partying in the streets with
football games during the curfew. The rule of law is demolished.
I should add that all this is a side effect of the oppression of the people against the new
constitution of Egypt imposed by moslem militants.
It will be very easy for us to state that since article 1 of the constitution until the end of
it, islamists are trying to put a protocol rather than a constitution to serve their aim and
their stay in power.
And I state here as an example article 2 –
“Islam is the state religion, and the Arabic language the official language and the
principles of Islamic sharia the main source of legislation”.
Maliciously followed in the end of the constitution by article 219 continuing this
explanation stating that –
“sharia principles include evidence fundamentalist college, rules and jurisprudence and
sources considered in the doctrines of the sunnis and the community”.
A fast reading of those two articles and I am passing all the rest of the constitution with
article like 198 giving military forces all immunities and all human right article and the
articles of international relations and agreements, where the three authorities,
legislative, executive and judiciary are absolutely jeopardized gives all religious councils
the right to legislate and command at their convenience.
Finally I really think that the rule of law in Egypt which I state as an example and in our
neighboring Arab spring countries need a fundamental review before speaking of doing
business in “Mena”.
Finally Human Rights register is going to be reviewed for Egypt by the end of 2014 , thus
the enforcement of the Emergency Law will not be the solution to get the RULE OF LAW
as per president Morsi’s last decrees.
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