The constitution of tunisia 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 establishing the constituent national assembly. In line with the civil character of the state the new tunisian constitution strictly limits the role of the military. Please dont hesitate to comment and make suggestions. The provisional constitution of the federal republic of somalia.
Electoral politics under tunisias new constitution tunisians are waiting for a new constitution to cement a democratic order after decades of dictatorship. Tunisia signs new constitution world news the guardian. A new constitution for tunisia outside the beltway. Tunisias new constitution has captured international headlines. The constitutional assembly drafted the 1959 tunisian constitution in order to reinforce the rule of habib bourguiba, the nationalist leader who led tunisia to independence. Tunisias national assembly approved a landmark new constitution its first since the ouster of longtime president zine elabidine ben ali three years ago. Zine alabidine ben ali in 2011, the tunisian political system featured a powerful presidential regime backed by a single political party. In summary, the new constitution of tunisia is a solid basis for a promising future of tunisia. Assembly to draft a new constitution, which was adopted on. After gaining independence from france in 1956, a new constitution was drafted and later adopted in 1959. Tunisia embeds anticorruption agency in constitution article developed by undpaciac team 31012014 tunisia adopted its new constitution on 27 january 2014, marking a historic turning point, not only for the people of this small arab country in north africa, but also for peoples of many other. The problem with tunisias new constitution after two and a half years of work, tunisias national constituent assembly nca is scheduled to approve a final version of the countrys new.
Restrictions that had previously handcuffed rights and freedoms in tunisia were removed from the new constitution, which lists all broadly accepted constitutional rights and liberties in political, social, and economic spheres chapter ii, and affirms the superiority of international agreements over national laws. In tunisia, parliamentary and presidential elections for a permanent government were held at the end of 2014. It was passed on 10 february 2014, replacing the constitutional law of 16 december 2011 that temporarily formed the basis of government after the suspension of the constitution of 1959. 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. Tunisia s new charter underscores the countrys civil character and creates a more balanced political system. God or other deities we, in the name of the tunisian people, with the help of god, draft this constitution. It is not a perfect document, but the product of an agreement. Tunisia has achieved an elusive goal in the political development of the arab mediterranean. Constitution of tunisia, 1959 wikisource, the free.
The problem with tunisias new constitution human rights watch. Whereas in tunisia the objectives were to ensure that the country would not return to authoritarian rule as well as reaching a broad consensus on the new constitution, the agenda in egypt was driven by a sense of urgency and the desire to establish. 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. Thus, the process of institutional normalization is only partially complete. Following essebsis death in office in july 2019, tunisia moved its scheduled presidential election forward two months and after two rounds of voting, kais saied was sworn in as president in october 2019. Tunisia embeds anticorruption agency in constitution. The constitution of tunisia 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 establishing the constituent national. Jan 27, 2014 tunisia has always had the most progressive legislation on womens rights in the arab world and yahyaoui believes the longer drafting process for the new constitution has made people comfortable. Tunisia s first modern constitution was the fundamental pact of 1857. Sovereignty, religion, language, government system unamendable provisions tunisia is a free, independent, sovereign state.
The supreme law of the state, it is the third constitution of the countrys modern history after the. The new tunisian constitution jasmine foundation for research and communication is pleased to present the first unofficial english translation of the new tunisian constitution. Tunisias laws do still discriminate against women on issues such as inheritance and child custody, and ms. We, habib bourguiba, president of the republic of tunisia. The carter center welcomes human rights protections in. Mar 04, 2011 a new constitution for tunisia an update on tunisia. Electoral politics under tunisia s new constitution. Blessed with a unique location and history, the arab nation of egypt is the heart of. Electoral politics under tunisias new constitution ebook. On december 12, 2011, the nca elected former dissident moncef marouki as interim president until a new constitution be adopted and new presidential elections held. Jan 09, 2014 the problem with tunisias new constitution after two and a half years of work, tunisias national constituent assembly nca is scheduled to approve a final version of the countrys new. Panarabist ideology in the new tunisian constitution memri. Tunisia approves new constitution, appoints new government cnn.
The flag of the tunisian republic is red and bears in its midst a white circle in which is. After tunisia gained its independence from france in 1956, a new constitution was drafted. Tunisia has always had the most progressive legislation on womens rights in the arab world and yahyaoui believes the longer drafting process for the new constitution. Tunisias parliament has adopted a new constitution the first since the ousting of president zine elabidine ben ali three years ago. 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. Tunisias transitional process has been lauded as the most successful among the arab spring countries.
The nca is tasked with writing a constitution and governing tunisia until the new constitution and permanent government are in place. Frances constitution of 1958 with amendments through 2008. Tunisias constitution of 2014 pdf, retrieved 14 january 2018. Jasmine foundation for research and communication is pleased to present. 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. During the process of drafting the new tunisian constitution, which commenced in february 2012, there was considerable debate between islamic political groups, represented by the nahda islamic party alnahda, and secular movements, represented by the congress party for the republic and the democratic forum for labor and liberties, known as ettakatol. Amendments to the constitution were made several times in 1988, 1999, 2002, 2003, and 2008. Tunisia approves new constitution, appoints new government. The first step in the constitutionmaking process was the election of a 217member national constituent assembly on oct. The islamic movement ennahdaal nahda renaissance won 37 % of the popular vote and became the strongest political force in the new national assembly. The state works to attain parity between women and men in elected assemblies. The role of islamic law in tunisias constitution and. It recognizes islam as the official state religion, but protects. Pdf the provisional constitution of the federal republic.
Tunisia 2014 page 10 the state guarantees the equality of opportunities between women and men to have access to all levels of responsibility in all domains. For nearly the entire period between tunisias achievement of independence in 1956 and the jasmine revolution, a popular uprising that unseated pres. The drafting process on the new tunisian constitution commenced in february. Tunisias revolution reached a milestone in late january when it passed a new constitution, setting a new course for the countrys future. Duncan pickard rafik hariri center for the middle east electoral politics under tunisias new constitution. Tunisia signs new constitution into law news al jazeera. The problem with tunisias new constitution foreign policy. According to article 2 of the tunisian constitution tunisia is a state of a civil character based on citizenship, the will of the people and the rule of law. Tunisia s new constitution, adopted on january 27, 2014, has strong protections for womens rights, including article 46, which provides that the state commits to protect womens. Finally a new constitution for tunisia, birthplace of arab. Constitution of the tunisian republic unofficial translation by jasmine foundation. Final constitution of the tunisian republic adopted on 26 january 2014. However, despite all political and social turbulences, in just one year tunisia has taken very significant.
Tunisia approves new constitution, appoints government. Issuebrief duncan pickard is a nonresident fellow at the rafik hariri center for the middle east based in germany and north africa. Beji caid essebsi was elected as the first president under the countrys new constitution. The first step in the constitution making process was the election of a 217member national constituent assembly on oct. 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. The constitution of tunisia is the supreme law of the tunisian republic. The problem with tunisias new constitution human rights. The decreelaws adopted by the president must then be approved by the new assembly at its first regular session. 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.
Jan 27, 2014 last summer tunisias transition including the drafting of the new constitution slammed to a halt as opposition parties mounted a campaign of street demonstrations and political. Analysts say politicians hope it will send out a message of stability after months. Tunisias interim president fouad mebazaa has announced details of new elections promised after the overthrow of president zine al. Tunisia adopted its new constitution on 27 january 2014, marking a historic turning point, not only for the people of this small arab country in north africa, but also for peoples of many other countries in the region, and beyond, that are aspiring for democracy and stability. This constitution weakened the tunisian ruler in favour of european migrants who were given property rights and guaranteed equal protection of tunisian law. Tunisian parliament adopts new constitution foreign policy.
Perhaps less well known is that tunisias constitutiondrafting process during this time is a notable case for womens participation, given the roles. Tunisias new constitution is complete, passed by lawmakers on january 26, 2014 the first constitution. Almarsa, tunisia beach at almarsa, on the gulf of tunis, northeastern tunisia. Introduction on january 26, 2014, tunisias national constituent assembly anc approved the countrys new constitution, three years after the january 14, 2011 ouster of dictator zine elabidine ben ali.
As the president of the national constitutional assembly said. Article 3 sovereignty belongs to the tunisian people, who exercise it in accordance with the constitution. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. Jan 15, 2014 tunisias laws do still discriminate against women on issues such as inheritance and child custody, and ms. The anc, elected october 23, 2011 in the countrys first free elections, started the process of drafting the new constitution on february, 2012. 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.
A focus on press and audiovisual media constitution still has to be drafted and approved by the new democratic assembly. Constitution of tunisia wikimili, the free encyclopedia. The constitutionmaking process has dominated politics since the january 2011 revolution. The middle east channel tunisian parliament adopts new constitution tunisias constituent assembly overwhelmingly passed a new constitution sunday night after two years of bargaining between the. 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. This vote in favour meant that a referendum on the constitution was not necessary anymore. However, formatting rules can vary widely between applications and fields of interest or study. Article 4 the flag of the republic of tunisia is red, and, according to the terms defined by law, bears in its midst a. The constitutionmaking process in tunisia the carter center. Tunisias new constitution envisions a more decentralized state, with local governments empowered to manage their own budgets to meet the needs of their constituents. It enshrines many rights for women and is step in the right direction, according to many tunisians. The national constituent assembly passed the text by 200. The first english translation of the tunisian constitution. The new tunisian constitution generally provides the usual structure of electoral democracies.
The new constitution makes tunisia a decentralized and open government. On 26 january 2014, the constitutional assembly of tunisia adopted a new constitution in the heartland of the arab spring. Tunisias first modern constitution was the fundamental pact of 1857. The people want to bring down the regime tunisias jasmine revolution is the first popular uprising to topple an established government in the middle east and north africa since the iranian revolution of 1979. Jan 27, 2014 the middle east channel tunisian parliament adopts new constitution tunisias constituent assembly overwhelmingly passed a new constitution sunday night after two years of bargaining between the.
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