The tunisian constitution in light of international law and standards on 3 january 2014, almost three years after the ouster of president ben ali, the tunisian national constituent assembly nca began voting article by article on a new draft constitution. Bangladeshs constitution of 1972, reinstated in 1986. Ennahdas uneasy exit from political islam carnegie endowment. During the process of drafting the new tunisian constitution. Feb 17, 2014 whereas tunisia started from scratch and completely abandoned its 1959 constitution, the egyptian drafting committee massaged existing articles, removed others and added new ones. The process took over two years, but the adoption of the 2014 constitution has been regarded as pivotal for the countrys successful transition toward a more democratic political regime. This is a historic moment for the people of tunisia and represents a significant achievement as tunisia continues in its political transition. This document is available also in arabic and french. All creation or transfer of powers by the central government to the. Its religion is islam, its language is arabic and its type of government is the republic.
Tunisia achieved significant progress in strengthening human rights protections following the adoption of a new constitution on january 26, 2014, three years after the uprising that toppled. In the name of the people, we, habib bourguiba, president of the republic of tunisia, considering the decree of december 29, 1955 14 djoumada i 75. Tunisia s national assembly approved the countrys new constitution in one of the final steps to full democracy. Sadtu constitution as amended in october 2014 south. Assembly to draft a new constitution, which was adopted on june 1. Thus, the process of institutional normalization is only partially complete. A preliminary analytical report on key constitutional changes to the constitution of the tunisian republic introduced by the new 2014 constitution, ahead of a full country report to be published soon, including an englishtranslated text of the 2014 constitution. Draft laws, upon the request of the president of the republic, the head of government, or thirty members of the assembly of the representatives of the people. It was adopted in 1861 and guaranteed certain civil and religious liberties. Download pdf this is the tunisian constitution of 2014. After the 2014 legislative elections, in which nidaa tounes and.
Tunisias long history of constitutionalism journal of. Against the serious threat of terrorism and economic weakness, tunisias young. The tunisian constitution in light of international law and. The debates, discussions, and compromises throughout the process of drafting and ratifying the new constitution resulted in a document that respects and guarantees the rights of all tunisians. As zaid alali notes, the effect is that while the new constitution claims to be a product of the peoples will, it is heavily influenced by the preceding.
A new constitutional settlement was reached on 26 january 2014. Feb 09, 2014 the new charter, ratified in january 2014, is the first progressive document in the arab world and presages a new era for tunisian states relationship with its citizens and the rest of the world. Over 200 new constitutions have been drafted since the postcolonial era. Tunisia seems to have embraced a new constitutional paradigm that is based on a. Tunisia is a free, independent, and sovereign state, islam is its religion, arabic its language, the. Sadtu constitution as amended in october 2014 2 teachers organisation aato and the southern africa teachers organisation sato. The 2014 elections complied with international standards and. Tunisians adopted a new constitution in january 2014 and held national. It recognizes islam as the official state religion, but protects freedom of belief. Bti 2020 tunisia country report bertelsmann transformation index. Jan 27, 2014 tunisia s vote on the new constitution gives the arab spring a timely and a badlyneeded booster shot. Assessing tunisias new constitu tion 0502 2014 on 26 january 2014, the constitutional assembly of tunisia adopted a new constitution in the heartland of the arab spring.
Right to privacy every citizen has the right to choose their place of residence, to free movement. The coalition between the two largest political forces marked a new. The paper illustrates that during the uprisings, from 2011 to 2014, despite the. The next major milestone for tunisia will be to approve a new constitution. However, despite all political and social turbulences, in just one year tunisia has taken very significant. This was followed by the constitution of 1861, which. International idea, 2014 chapter ten the parliament of the united republic part one establishment and powers of the parliament 124. The tunisian constitution of 27 january 2014 was deemed essentially compatible.
The 1959 constitution, a successor to the 1861 constitution, was in place while ben ali was in power. Indian helped draft tunisias constitution times of india. It enshrines many rights for women and is step in the right direction, according to many tunisians. Participation in public life and institutions the state commits to protect womens accrued rights and work to strengthen and develop those rights. Tunisias first free and fair elections in october 2011 after being. The 1959 constitution, a successor to the 1861 constitution, was in.
The new tunisian constitution adopted in january 2014 settled disputes between. The national constituent assembly of tunisia and civil society. Tunisias compromise constitution carnegie endowment for. A focus on press and audiovisual media constitution still has to be drafted and approved by the new democratic assembly. Sovereignty, religion, language, government system unamendable provisions tunisia is a free, independent, sovereign state. A secularist party, nidaa tounes tunisia s call, won a plurality of seats in parliament, and its. Article 2 tunisia is a civil state based on citizenship, the will of the people, and the supremacy of law. The best and worst of tunisias new constitution almonitor. The role of islamic law in tunisias constitution and. The 2014 constitutions of egypt and tunisia, though enacted at the same time.
Sadtu constitution as amended in october 2014 south african. On january 26, 2014 the tunisian constituent assembly finally adopted a new. Concerning the role of islamic law in the new tunisian constitution, it is important to note that the word islam is mentioned four times in the april 20 draft. Under the framework of a new democratic constitution, voters went to the polls. Jan 08, 2014 drafting a new constitution for the country was tunisia national constitutional assemblys nca main task when it was elected on october 23, 2011, in the first democratic and free elections. Ghanas constitution of 1992 with amendments through 1996. If you are unable to download the information you require, please request a.
The constitution of the united republic of tanzania of 1977. Blessed with a unique location and history, the arab nation of egypt is the heart of. The national constituent assembly passed the text by 200. Information from its description page there is shown below. Two hundred members of the legislature, exceeding the twothirds majority required for passage, voted in favor of the new document. In january 2014 the parties within the transitional government established a new, more inclusive tunisian constitution. Magharebiaflickr after two years of fractious debates, mass street protests, and political assassinations, tunisia s new constitution has been hailed as a model of what consensus politics, dialogue, and compromise between. Tunisia s first modern constitution was the fundamental pact of 1857.
In 2014, after years of deliberations, a new constitution was finally agreed upon. Feb 11, 2014 tunisia s new constitution has captured international headlines. Members of the tunisian parliament wave flags in celebration after approving the countrys new constitution in tunis on 26 january 2014. The 2011 election was generally free, transparent and fair, and stood in contrast to most. Tunisia signs new constitution tunisia the guardian. The tunisian constituent assembly deputies discuss the place of sharia law in the new constitution, february 28, 2012. Jan 27, 2014 tunisia s national assembly approved a landmark new constitution its first since the ouster of longtime president zine elabidine ben ali three years ago. We are drafting a constitution that prevents any corruption or tyranny and by which we heal the wounds of the past, from the days of the old eloquent peasant to the victims of negligence and the martyrs of the revolution in our present time, and relieve our people who have for long. The best and worst of tunisias new constitution al.
The first step in the constitution making process was the election of a 217member national constituent assembly on oct. Now, therefore, this constitution is enacted by the constituent assembly of the united republic of tanzania, on behalf of the people, for the purpose of building such a society and ensuring that tanzania is governed by a government that adheres to the principles of democracy and socialism and shall be a secular state. Tunisia approves new constitution, appoints new government. Political transition in tunisia federation of american scientists. Assembly, tasked with the elaboration of a new constitution, but also ongoing legislation. Jasmine foundation has been providing a daily followup of the final debate of the new constitution since it officially started inside the tunisian national constituent assembly on friday 3rd january 2014. The new constitution makes tunisia a decentralized and open government. Article 2 the republic of tunisia is a part of the great arab maghreb, an entity which it endeavors to unify within the framework of mutual interests. Bangladeshs constitution of 1972, reinstated in 1986, with. Published in the official gazette of the republic of tunisia on june 1,1959 in an original version arabic only, page 746.
The constitution of tunisia is the supreme law of the tunisian republic. The tunisian constitution in light of international law. Jan 27, 2014 tunisia s parliament has adopted a new constitution the first since the ousting of president zine elabidine ben ali three years ago. The state guarantees the equality of opportunities between women and men to have access to all. Two years later, freedom house designated tunisia as the only free country in the region. Under the framework of a new democratic constitution, voters went to the polls to determine. Feb 01, 2014 tunis the adoption of tunisia s new constitution should set in motion a wideranging overhaul of laws and public institutions, al bawsala, amnesty international, and human rights watch. Jan 29, 2014 the elected representatives in tunisia took two years, three months and three days to complete the drafting of the new constitution. This document constitutes a nonofficial translation of the text of the constitution submitted for adoption, in plenary session of the national constituent assembly, on january 26, 2014. Tunisians celebrate the new constitution, tunis, march 1, 2014.
Comparative analysis between the constitutional processes in egypt. The constitution of tunisia processes, principles and perspectives index title author page. This is our constitution, egypt is the gift of the nile for egyptians and the gift of egyptians. Tunisia approves new constitution, appoints new government cnn. Tunisia became a french protectorate in 1881 and remained under french rule until march 1956 when it gained independence, followed by the promulgation of a new constitution on 1 june 1959. On october 23, 2011, tunisia held free election for the national constituent. The constitutionmaking process in tunisia the carter center. Tunisia opted to write a new constitution, after the fall of the ben ali regime in january 2011.
Elections in tunisia national democratic institute. The main aim of sadtu is to eradicate all forms of discrimination in education and to strive towards a free and democratic system of education in south africa. In an attempt to compromise on the role of religion, the preamble cites the attachment of our people to the teachings of islam, while article 1 takes up the formula that has been part of the tunisian constitution since its independence. The constitutional court is the sole body competent to oversee the constitutionality of the following. The constitution making process in tunisia built upon a long history of attempts in other countries to shift from a topdown model of constitution making, also known as the lancaster model, to one based on popular participation.
The decreelaws adopted by the president must then be approved by the new assembly at its first. Tunisians boast the first constitution in the arab muslim world. The first english translation of the tunisian constitution. The tunisian experience of constitution making in the aftermath of the. Bangladeshs constitution of 1972, reinstated in 1986, with amendments through 2014.
The document reflects the struggle and the contradictions of postrevolutionary tunisian society, and is, at the same time, an inspiring model for neighboring countries. Two hundred members of the legislature, exceeding the twothirds majority required for passage, voted in favor of the new. Jan 27, 2014 tunisia s president, moncef marzouki, holds a copy of the new constitution after signing it before deputies in the national assembly on monday. Nearly four years after tunisians descended into the streets to demand political change, the 2014 legislative and presidential elections constitute an important step forward in the countrys democratic transition. Tunisias first free elections since independence in 1956 were held on 23 october. Tunisians adopted a new constitution in january 2014 and held national elections between october and december 2014, marking the completion of a fouryear transitional period.
The constitution is the framework for the organization of the tunisian government and for the relationship of the federal government with the governorates, citizens, and all people within tunisia. While it upholds islam as the religion of the state, as has been the case in tunisia s constitution since it was first adopted in 1959, the new charter stipulates that the country is a civil state based on citizenship, people. The third draft constitution of the tunisian republic. Sana ben achour, womens rights activist and law student, stresses that this constitution is the first in the arab world to give all tunisians, women and men, the right to be. A transparent and credible electoral process, leading to a peaceful transf. Tunisia is a free, independent and sovereign state. Visit to tunisia report of the special rapporteur on freedom of. Although a simple majority was required for each article to be adopted, the nca.
The draft constitution also seeks to implement tunisia s international obligations in both letter and spirit. Jan 14, 2014 tunisia s new charter underscores the countrys civil character and creates a more balanced political system. The tunisian constitutional reform experience in the wake of the arab. The constitutional assembly drafted the 1959 tunisian constitution in order to reinforce the rule of habib bourguiba, the nationalist leader who led tunisia. What matters in a revolution is the emergence of the futures legitimacy from the phenomenon of illegitimacy.
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