Tunisia’s National Constituent Assembly (NCA) is voting on a new constitution. The approval process is expected to be finalized this week.
Tunisia has become an oasis of optimism in an otherwise tumultuous region. Egypt recently approved a new constitution, but its drafting was hardly a process of consensus, never mind the fact that this is the country’s second constitution in just over a year. The referendum in Egypt was marred by boycotts and violent protests, which doesn’t bode well for this constitution’s shelf life. Meanwhile, Libya hasn’t even started drafting its constitution, Yemen continues to wade through “national dialogue,” and Syria remains engulfed in civil war.
Tunisia’s constitutional process wasn’t easy either and took more than one year longer than planned. Political gridlock and assassinations threatened to derail the entire process. But after a touch and go summer, the country’s various political leaders finally compromised. The result is a solid constitution that holds the center together and leaves a majority of the population feeling relieved and satisfied.
I sat down last week in New York to discuss the new constitution with Zied Mhirsi, a global health professional and one of the founders of Tunisia Live (TL) – an independent news organization born out of the 2011 revolution. Indeed, TL has become one of the leading sources of analysis in English about developments in Tunisia. Mhirsi worked with international news correspondents analyzing the post-revolution political situation in Tunisia, and has since become involved with the Nidaa Tounes political party, led by former prime minister Beji Caid Essebsi. Nidaa Tounes is quickly becoming one of the major opposition forces to Rachid Ghannouchi’s Ennahda party.
“[W]ith the passage of this constitution, Tunisia will be starting on firmer legal ground than any other Arab country.” – Isobel Coleman, Council on Foreign Relations
Mhirsi credits much of the success of the constitution to Essebsi and Ghannouchi, “the two old wise men of Tunisia,” who put aside their differences in the name of consensus. Mhirsi remarked, “When it comes down to it, if [Essebsi and Ghannouchi] hadn’t put their weight behind the consensus, we wouldn’t be where we are today.” Mhirsi also credits civil society broadly, and the powerful quartet of labor unions and human rights organizations (the Tunisian League for the Defense of Human Rights; Union of Industry, Trade and Handicrafts; General Labor Union; the National Association of Lawyers), for holding the government accountable, elevating the political debate, and resisting the temptation to slip into populism.
A member if Tunisia's assembly holds a copy of a document reading in Arabic 'Draft Constitution of the Republic of Tunisia,' Jan. 3, 2014, in Tunis. (AP)
Mhirsi is generally positive about the constitution, and is most proud of Article 2 (which defines Tunisia as a civil state) and Article 45, which enshrines equal rights. Gender equality was one of the most contentious issues throughout the process, but women’s organizations held their ground and ensured that the new constitution granted important rights to women. “I give it an A for the Arab world,” Mhirsi said, after expressing disappointment that the constitution didn’t meet all his expectations. One of Mhirsi’s biggest disappointments was the lost opportunity to eliminate the death penalty. “It’s sad that people who faced the death penalty themselves voted for it,” he noted.
Not surprisingly, the role of religion was a significant point of contention and compromise in constitutional discussions. As a result, the constitution contains some important contradictions: it declares Islam as the state religion, but also defines Tunisia as “a civil state that is based on citizenship, the will of the people and the supremacy of law.”
Going forward, economic reform will remain a major issue in Tunisia. Mhirsi explained that since the revolution, politicians have focused on political rifts and identity disputes while neglecting to resolve many of the economic issues and inequality that brought Tunisians to the streets in 2011. Tunisia also needs to “win against terrorism in 2014″ to ensure stability, but the country’s security infrastructure is limited. The United States has provided minimal help, and Mhirsi urges the West to step up and support this fledgling democracy. In addition, Mhirsi expressed concern that although Tunisia’s adoption of a mixed presidential and parliamentary system might prevent the return of one-party rule, it could also be a source of instability.
A section view of Tunisia's National Assembly in Tunis Jan 3, 2014. (AP)
Judicial reform is another major sticking point. Under ousted president Ben Ali, the judiciary served as an extension of the ruling party, with judges directly appointed by the executive. Article 103, passed last week, declares that judges will be appointed by the president under the new constitution as well, causing some to worry that the ruling party will continue to control the judiciary. Hundreds of Tunisians, many judges among them, have held protests outside the NCA, calling for the complete independence of the judicial branch. Tunisia’s broadcast media regulatory authority has also sounded the alarm that some articles in the constitution “represent a threat to the independence and neutrality” of the media.
Ultimately, as Mhirsi noted, the future of Tunisia will depend not on the text of the constitution, but on how it is interpreted and implemented. Still, with the passage of this constitution, Tunisia will be starting on firmer legal ground than any other Arab country.
A version of this post was originally published on blogs.cfr.org.
The views expressed in this Insight are the author’s own and are not endorsed by Middle East Voices or Voice of America. If you’d like to share your opinion on this post, you may use our democratic commenting system below. If you are a Middle East expert or analyst associated with an established academic institution, think tank or non-governmental organization, we invite you to contribute your perspectives on events and issues about or relevant to the region. Please email us through our Contact page with a short proposal for an Insight post or send us a link to an existing post already published on your institutional blog.
Isobel Coleman
Isobel Coleman is senior fellow and director of the Civil Society, Markets, and Democracy Initiative as well as director of the Women and Foreign Policy Program at the Council on Foreign Relations. On Twitter, she can be followed at Isobel_Coleman.
Alfredo Ibarra Barajas
January 30, 2014
It all started here,cooler heads, much cooler heads have made reality something that approaches a fullblown democracy, let us hope that the other states give heed to what this country has done and forget about their differences, all in the name of progress and extricate themselves from internecine fights which will only cause more bloodshed, more penury and more pain. Let us hope they also find two wise men who can ligth the path into the dire darkness that the MB has thrown the Egyptians into.