The Tunisian President, Kais Saied, called for a new draft constitution for Tunisia. The document was published late on Thursday in Tunisia’s official gazette and will be put to the vote on July 27th, his anniversary, one year since he came into power. The new draft could be the cause of uproar in the political system of Tunisia. The new constitution will nullify the 2014 constitution, giving vast powers to the head of state, i.e., the President, and, in contrast to the mixed presidential-parliamentary system enshrined in the 2014 constitution, the new draft introduces a presidential system of government. His move creates fears among the opposition because it endangers the democratic gains of the 2014 constitution.
However, many welcomed his move, including people who were wary of the state’s deteriorating condition, falling economy, corrupted government, and the ineffective power-sharing system between the President and Parliament. Many questions arise, including whether the new draft will be adopted?
“If adopted, the constitution would give the president unrestricted, unchecked powers, and would drastically limit the competencies of other branches of the state, including the parliament and the judiciary,” said Benarbia, MENA regional director at the Geneva-based International Commission of Jurists. He also adds that the drafting process was devoid of any legal basis, democratic legitimacy, inclusivity, accountability, and transparency.
But the president says his actions were both legal and necessary to save Tunisia from an “imminent threat”.
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Kais has been ruling Tunisia since last year, when he grabbed power from his opponent through a “constitutional coup”, suspending and later dissolving the parliament. He appears to have seized power when Tunisia was experiencing its worst days, both internally and externally, with several factors contributing to the country’s political and economic breakdown. The poor performance of Tunisia’s economy over the past few years and general frustration with the country’s leading politicians have won Saied’s support for his positions, but public anger is growing amid high inflation and unemployment, and declining public services.
During his role as President, he made significant changes in the state’s political system. For example, the president dissolved the Supreme Judicial Council, which deals with judicial independence, in February. He then issued a decree establishing a new provisional judicial council, granting himself greater control over the country’s top judicial body.
What does this new draft hold?
- Once the constitution is passed, it will allow Kais to hold the decree of the President until the new elections are held.
- The President has superior authority over the government, and the President appoints and dismisses officials, as well as initiates executive powers. This is a significant departure from the current system, which gives parliament a significant role in government selection.
- Saied would be able to present draft legislation, propose treaties and draft state budgets, appoint or dismiss government ministers, and appoint judges.
- As in the current constitution, the president is the chief of the armed forces. But where the internal security forces report to the government in the existing constitution, they will now be responsible to the president.
- A President can enjoy two terms of five years each, but if found in any imminent danger or situation, he has the right to dissolve the Parliament, while no clause allows for the removal of a President.
- According to Article 5, Tunisia is an Islamic nation, and the state alone is responsible for achieving “the goals of pure Islam in preserving life, honor, money, religion, and freedom.” A phrase in Tunisia’s current constitution that Islamists have long claimed defined the country as an Islamic state has been removed. According to Article 88, the president must be a Muslim.
Most major political parties are opposed to Saied’s actions and urging their supporters to boycott the election. Commenting on the article, Mohamed-Dhia Hammami, a Tunisian political analyst, described it as a “theocratic” provision. Saied has said the draft “is not final, and some sections may be revised or given further thought” But for the time being, what matters is that the people’s liberty and freedom should not be restricted as a result of this new constitution. Over the years, the unstable state system has caused more misery in people’s lives. People are more interested in what benefits this new draft will bring to their lives. Many Tunisians are far more concerned about the country’s escalating economic crisis and threats to public finances, which have resulted in salary delays and the risk of shortages of key subsidized goods.
