“Constitutional processes do not start with drafting and end with adoption ”
ARAB CONSULTATION ON THE PROTECTION OF ECONOMIC AND SOCIAL RIGHTS IN
POST-REVOLUTION CONSTITUTIONS
Renaissance Mirage Hotel - Cairo, Egypt
25-26 November 2013
Since 2011, issues of social justice, freedom and democracy have been at the forefront of the spontaneous wave
of demonstration, uprising and revolution that swept across the Arab region. As Arab countries going through
transition embark on processes of constitutional reform, there is an active debate on how to include social,
economic and cultural rights in the Constitution, alongside civil and political rights, with effective forms of
constitutional protection.
This consultation adopts the concept of “Constitutional Reform Process” as a long and complex process aiming at
drafting a new and inclusive social contract between different groups of the society, and between these groups
and the State. Accordingly, the consultation considers that drafting and adopting a new Constitution represent
only a single step in a long process that starts before drafting the Constitution and does not end with its adoption.
The constitutional process includes (1) political and social processes, such as societal participation and
negotiation that determine success in reaching a Constitution that embraces economic, social and cultural rights;
(2) as well as processes that guarantee the effective implementation of these constitutional rights, including the
tools that enable different social groups to own the Constitution and make it a living document that allows them to
protect their rights.
This Regional Consultation aims at:
1- Articulating and understanding the Constitutional Reform Process as a process of negotiation between
national groups with different interests. The success of this process in providing constitutional protection
of the economic, social and cultural rights depends on its ability to reach a common ground ensuring that
the interests of one group do not encroach on the interests of others, and protects vulnerable groups from
exclusion and marginalization in order to guarantee social cohesion.
2- Examining international experiences of inclusion of economic, social and cultural rights within the
constitutional process, in order to better understand the mechanisms applied in constitutional processes
that succeeded in including all groups of the society with specific focus on most vulnerable groups.
3- Reaching a common understanding around the best ways to include economic, social, and cultural rights
in constitutions in a way that contributes to their realization and enforcement, while benefiting from
successful and best practices from other countries.
4- Presenting Arab and international experiences where social powers, especially syndicates and human
right groups, succeeded to use the Constitution to protect economic, social and cultural rights. This would
include the presentation of mechanisms and tools that were successfully employed such as constitutional
strategic litigation and forming effective social pressure groups.
Organizers: The regional consultation will be organized on November 25 th and 26th (as per attached agenda) by
the UNDP Regional Centre in Cairo in collaboration with the Arab Institute for Human Rights, the Arab
Organization for Human Rights, The Egyptian Center for Economic and Social Rights, the Egyptian Initiative for
Personal Rights, New Woman Foundation, Association for Freedom of Thought and Expression, and Tadamun:
The Cairo Urban Solidarity Initiative.
Participants: The regional consultation will include representatives from organizations and societal groups as
well as experts from different Arab countries, particularly from Egypt, Tunisia, Libya, Yemen and Morocco in
addition to colleagues from UNDP Country Offices. The consultation also includes experts from South Africa,
Kenya, Brazil, Colombia and India.
Language: The regional consultation will be held in Arabic, English and French with translation in three
languages.
Day1 – Monday 25th of November
8.30 – 9.00
9.00 – 9.30
9.30 – 11.00
11.00 – 11.30
11.30 – 13.00
13.00 – 14.00
14.00 – 15.30
15.30 – 16.00
16.00 – 17.30
20.00 – 22.00
Registration
Welcome and introduction of the Consultation:
Ms. Alia Al-Dali, Director of the UNDP regional Center in Cairo
Dr. Raji Sourani, President of the Board of Trustees of the Arab Organization for Human
Rights & Founder of the Palestinian Center for Human Rights
Presentation of the Consultation: Marwan Abi-Samra, RCC Governance Practice Leader
Plenary opening session: The Constitution: A comprehensive process or drafting a text?
The constitutional protection of the economic & social rights
Guest speakers:
Judge Mohammad Amin El Mahdi, Minister of Transitional Justice & National
Reconciliation, Egypt
Dr. Ahmed Al-Borai, Minister of Social Solidarity, Egypt
Mr. Larbi Abid, Vice President of the National Constituent Assembly, Tunisia
Dr. Fadhel Moussa, Dean of the University of Law and Political Science, Tunisia
Session facilitated by Mr. Ayman Al-Sayyad, Editor-in-Chief of “Weghat Nazar” Magazine
Coffee break
Comparative approaches of constitutional protection of economic & social rights:
International experiences from South Africa, Brazil, Ecuador and Kenya
Guest speakers:
Dr. Torquato Jardim, Advocate before the Supreme Court, Brazil
Mr. Carlo Ruiz Giraldo, Civil society/legal adviser, Ecuador
Dr. Ekuru Aukot, Activist/lawyer/constitutional drafter, Kenya
Dr. Jackie Dugard, Senior researcher at the Socio-Economic Rights Institute and former
executive director, South Africa
Session facilitated by Dr. Noha El-Mikawy, Representative of Ford Foundation, MENA Region
Lunch
Constitution drafting from the elite circles to the societal participation. What did we learn
from the South-African, Brazilian, Egyptian, Yemeni and Tunisian experiences?
Guest speakers:
Mr. Hossam Bahgat, Founder of the Egyptian Initiative for Personal Rights (EIPR),
Egypt
Mr. Abdelbasset Ben Hassen, President of the Arab Institute for Human Rights, Tunisia
Ms. Janet Love, National Director of the Legal Resources Centre, South Africa
Dr. Torquato Jardim, Advocate before the supreme court, Brazil
Dr. Mohammed Ali Marm, President of the State Building Working Group at the
National Dialogue Conference, Yemen
Panel facilitated by Ms. Lilianne Daoud, OnTV Presenter
Coffee break
The Constitutional reform process and the socio-economic transformation (Panel discussion)
Guest speakers:
Mr. Tamer Wageeh, Director of the Economic and Social Justice Unit, EIPR, Egypt
Mr. Mongi Alamami, Former Director of the Research Department, UGTT, Tunisia
Ms. Gladys Mirugi-Mukundi, Community Law Centre, South Africa
Dr. Ahmed Herzenni, former President of the Advisory Council on Human Rights,
Morocco
Panel facilitated by Marwan Abi Samra, RCC Governance Practice Leader
Dinner
Day 2 – Tuesday 26th of November
8.30 – 9.30
9.30 – 11.00
11.00 – 11.30
11.30 – 13.00
13.00 – 14.00
14.00 – 15.30
15.30-16.00
16.00 – 17.30
Film screening “Dear Mandela” from South Africa followed by commentary from Dr. Jackie
Dugard, Exec. Director of the Socio-Economic Rights Institute & Senior Researcher, South Africa
Economic & Social rights in the constitution: E.g. from Egypt, Morocco & South Africa
Guest speakers:
Dr. Jaber Nassar, Cairo University President & Constituent Assembly's General
Coordinator, Egypt
Dr. Salwa El Antary, former head of the Research Department of the National Bank of
Egypt, Board Member of Nasser Social Bank, Egypt
Mr. Habib Belkouch, President of the Human Rights and Democracy Center, Morocco
Ms. Janet Love, National Director of the Legal Resources Centre, South Africa
Session facilitated by Dr. Ayman Ayoub, Regional Director of IDEA
Coffee break
Economic & social rights in the constitution: E.g. from Tunisia, Kenya & Ecuador
Guest speakers:
Dr. Fadhel Moussa, Dean of the University of Law and Political & Social Sciences,
Tunisia
Dr. Ekuru Aukot, Activist, lawyer and constitutional drafter, Kenya
Ms. Farida Labidi, Chair of the Human Rights Commission at the National Constituent
Assembly, Tunisia
Mr. Carlo Ruiz Giraldo, Civil society & legal adviser, Ecuador
Session facilitated by Dr. Alaa Shalabi, President of the Arab Organization for Human Rights
Lunch
Putting words into actions: How can society implement the protection of economic & social
rights?
Guest speakers:
Mr. Khaled Ali, Founder of the Egyptian Center for Economic and Social Rights
Dr. Jackie Dugard, Executive Director of the Socio-Economic Rights Institute, South
Africa
Dr. Amr Hamzawy, Professor of Political Science at Cairo University & Professor of
Public Policy at AUC, Egypt
Mr. Abdelbasset Ben Hassan, President of the Arab Institute for Human Rights, Tunisia
Mr.Samir Cheffi, deputy secretary-general of the Tunisian General Labour Union, Tunisia
Panel facilitated by Ms. Mona Salman, Dream TV presenter
Coffee break
17.30 – 18.00
Towards more equity for women in the constitutional process: Do women economic, social
and cultural rights require a specific approach?
Guest speakers:
Ms. Nabila Al-Mofti, Lawyer & NDC delegate at the State Building working group,
Yemen
Ms. Azza Kamel, women's activist and writer, Egypt
Ms. Farida Labidi, Chair of the Human Rights Commission at the National Constituent
Assembly, Tunisia
Mr. Lazhar Jouili, Deputy Prosecutor, Court of First Instance in Monastir , Tunisia
Ms. Gladys Mirugi-Mukundi, Community Law Centre, South Africa
Session facilitated by Dr. Maya Morsi, RCC Gender Practice Leader
Recommendations and way forward
18.00 – 18.30
Closing Session