On Monday, July 25, is the referendum on the new Constitution, which would centralize all powers in the hands of President Saïed. Islam is not defined as the national religion, but it is said that the country “belongs to the Islamic nation (Ummah)” and that the state must work towards “the five goals of pure Islam”. The opposition and civil society protest, but the electorate, weakened by the economic crisis, could support the head of state.
Milan () – The long preamble states that it speaks on behalf of the people and makes constant references to the “thawra”, the 2011 revolution. However, the new Tunisian Constitution, which will be submitted to a referendum on Monday, July 25, is the risk of definitively handing over the country to a single man: President Kaïs Saïed.
It was precisely the Head of State – who a year ago suspended Parliament and sent the Prime Minister home – who appointed the small group of experts who, in just one month, prepared the draft of the new Magna Carta, released on June 30. Saïed was not entirely convinced of the result of the work of “his of his” team of his. Therefore, he revised the document himself, modifying some substantial points. So much so, that the head of the commission, Sadok Belaïd, has distanced himself in recent days from the text published in the Official Gazette, considering that it could “pave the way to a dictatorial regime.”
Tunisia is preparing for the constitutional referendum in the midst of a serious crisis not only political, but also economic and social. The unemployment rate has skyrocketed, especially among young people. They are also suffering the repercussions of the war in Ukraine, which has worsened the price of raw materials and food. The people now feel completely disillusioned after the hopes for change sown by the Jasmine Revolution. In recent years, the political class has shown its inability to carry out the necessary reforms to reactivate the country. And it is evident that it is still entangled in the old patronage dynamics against which the town rose up eleven years ago.
It was precisely in the name of the fight against corruption that Saïed carried out his coup against the parties, in particular the formation Ennahdhaled by Islamists. But if a year ago -precisely on July 25, 2021- Tunisians had taken to the streets to support the president’s measure, now part of civil society fears that the new Constitution will endanger democratic counterweights. Those balances enshrined in the Magna Carta of 2014, the result of a difficult compromise between the political parties in the years after the revolution and cited as a model for being a guarantor of important rights.
The new fundamental law, which will be submitted to a popular referendum without a quorum next Monday, if approved, will transform Tunisia into a pure presidential republic, with a sharp reduction in the role of Parliament. In fact, the text provides that the head of state exercises the executive function, has the power to appoint or dismiss the prime minister (without a vote of confidence from parliamentarians), reject the laws approved by the chambers (to the Assembly of Representatives of the People will add a National Council of Regions) and assign senior civil and military positions.
In recent days, more than thirty NGOs and civil society associations have spoken out against the excessive centralization of power in Saïed’s hands. In a joint note, they denounce “the unilateral approach of the President of the Republic, which has confiscated the right of Tunisians to debate their destiny, without involving the components of civil society, the political scene, the academic world and specialists “. They criticize, among other things, “the suppression of the constitutional bodies related to the media, justice, human rights and the fight against corruption.”
But that is not all. The signatories, including the Tunisian League for Human Rights (former member of the Quartet for National Dialogue awarded the Nobel Peace Prize in 2015), the Union of Journalists (SNJT), the Forum for Economic Rights and Social (FTDES) and the Coalition for the Abolition of the Death Penalty, argue that the text in question “undermines the notion of citizenship that unites Tunisians, in which there is no discrimination based on creed, color or gender.”
In fact, in article 1 of the new Constitution, the reference to the civil character of the State has been eliminated. And although Islam is not defined as the national religion, in fact article 5 declares that the country “belongs to the Islamic nation (Ummah)” and that the state must work to achieve “the five goals of pure Islam: the preservation of life, honour, property, religion and liberty”. So the hopes of those who expected a “secular” turn in the new Constitution are fading.
It is a point that worries some jurists and whose opinion is shared by some exponents of minorities, such as Christians. On the other hand, the text not only maintains the restriction that the President of the Republic must be Muslim, but also requires that presidential candidates, as well as members of parliament, have both parents and grandparents of Tunisian nationality. In addition, the reference to the universality of human rights disappears.
But if it is true that a part of civil society expresses its disagreement and that the leader of Ennahdha, Rached Ghannouchi, has urged citizens to boycott the referendum (a counterproductive option given the absence of a quorum), the fact is that the president continues to have the silent support of a large part of the population. Many see this “break” with democracy as a painful but necessary measure to eradicate corruption. And, faced with daily difficulties in getting even bread, they are willing to give up a wide margin of freedom in the hope that a “strong” president can get a country where disorder reigns back on track.
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