The Tunisian Constitution, or Kais Saeid’s Constitution?

Tunisia’s 2014 constitution has been hailed as one of the Middle East and North Africa region’s most progressive. A product of the multi-stakeholder process led by the Quartet du Dialogue National during the post-uprising period, the Constitution exhibits, aside from its praised commitments to “liberal” values, a strong system of checks on power between the three branches of government. However, recent political developments are challenging the foundational principles — compromise, pluralism and multi-polarity — of this (literally) revolutionary document. 

Tunisian President Kais Saied’s momentous consolidation of power, beginning with his move to terminate Parliament on July 26, 2021, and subsequent decision to fire Prime Minister Hichem Mechichi, was situated in the broader context of Tunisian political dysfunctionality and economic crisis. Kousai Ghrimil, a Tunisian 1A student, expresses his support for this measure: “One of the things it does… is weakening Ennahda, which is the leading Islamist party … that party has caused a lot of destruction and a lot of issues in the country ever since the revolution.”

As a manifestation of his endeavor to restructure Tunisia’s political system, Saied released a draft constitution — crafted by a small group of ‘handpicked’ architects — in late June 2021. The Saeid administration released an online consultation survey which, in theory, offered citizens a platform to share their thoughts on the document’s fundamental elements, although only 10 percent of citizens were eligible to respond. 

Ghrimil suggests that the constitutional formation process was legitimate because President Kais Saeid “does have the right to call for a new constitution.” A referendum on the proposed constitution was held on July 25, 2022; the state’s Independent High Authority for Elections reported that 95 percent of voters (only 30.5 percent of the eligible population) voted “yes” for Saied’s proposed document. These numbers bring into question the extent to which the new Tunisian Constitution of 2022 was formed through a legitimate, genuine “constituent power” or whether the nation is transitioning into a “façade democracy.” 

How is the 2022 Constitution different from the post-revolution 2014 one? Article 101 of the 2022 Constitution gives the President the power to appoint the “Chef du Gouvernement” (Prime Minister) and “les autres membres du gouvernement” (cabinet ministers); the 2014 Constitution reserved this power for the Parliament. Moreover, Article 102 authorizes the President to dissolve the Parliament at his wish, further demonstrating the constitutional shift to a more powerful executive. In a direct effort to undermine parliamentary primacy in lawmaking, Article 68 of the 2022 Constitution grants the President the ability to propose statutes to Parliament which are granted “la priorité” (priority) over Parliamentary proposals. Additionally, Article 110 explicitly states that the President “bénéficie de l’immunité durant son mandat présidentiel” (benefits from immunity during his presidential mandate), fundamentally limiting criticism and formal checks on the executive’s power. Ghrimil has mixed sentiments on the 2022 Constitution: he supports adjustments that will place more importance on the national popular vote. Still, he struggles with the Constitution’s commitment to advance Islamic principles, for Tunisia is “a secular country and this takes us a step backward.” On the contrary, he “wish[es] that the constitution would have mentioned the Jewish minority, the Christian minority,” as this is a symbol of Tunisia’s diversity. 

Evidently, President Kais Saeid is spearheading a significant constitutional and political restructuring of the Tunisian system. In light of an economic crisis and growing disillusionment towards the political system, how will these changes shift the relations between the Tunisian people and the government? It will be essential to keep a close eye on the parliamentary elections in December of 2022 as they may reflect the developing political sentiment in the country.