Tunisia’s new constitution… controversy weeks before a “historic referendum”

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While waiting for the people to say yes or no to the proposed constitution, its new features seemed to be a foundation for"Third Republic" It is unequivocal in a number of axes with the previous constitution, especially with regard to the organization of work within the next parliament and the trend towards a presidential system that ends the amended parliamentary system adopted by Tunisia after the 2011 protests.

In the first reaction, he commented Tunisian General Labor Union He will decide to participate with yes or no after reviewing the new draft constitution and reading it by the Legal Affairs Department and its Studies Department, while the Secretary-General of the Tunisia Forward Party, Abeid Al-Breiki, considered that the new constitution "Responds to the aspirations of Tunisians and establishes a new country".

The head of the coalition party for Tunisia Sarhan Al-Nasiri in an interview with the site "Sky News Arabia"The new draft constitution "It expresses in all honesty all the proposals made by the participants in the dialogue and during the deliberations of the advisory body"Considering that the new draft constitution "It establishes a strong presidential system and is not dictatorial as the opponents promote, as it authorizes the President of the Republic to renew the candidacy for one time only and guarantees the people wide representation through a parliament and a national assembly for regions and regions".

Al-Nasiri explained that "Establishing the principle of two parliamentary chambers for the first time in Tunisia ensures a balance between powers"and that "The new parliament representing the regions and regions will support the function of Parliament, activate the principle of decentralization, and work to achieve regional development that has been stalled for 10 years.".

The head of the Alliance for Tunisia party added that "What was stated in the draft constitution torpedoed all the claims of the opponents of the July 25 track, who are falsely defending democracy and trying to spread the illusion of the return of dictatorship." As he put it, describing the provisions of the constitution text as"The guarantor of rights and liberties, freedom of publication and the press, freedom of trade union action, the right to health and education, as well as its guarantee of the rights of future generations after what it knew of the systematic destruction in the last ten years of the Brotherhood’s rule, to educate the Tunisian personality with an alien culture and programs that strike the national and historical dimension of the child and youth".

Naciri expected that the new constitution would win the approval of the Tunisian people and succeed with a large majority in the July 25 referendum "A conviction among Tunisians of the necessity of breaking with the decade of corruption, failure and opportunism that characterized the period of Brotherhood rule".

On the other hand, the Secretary-General of the Labor Party, Hamma Hammami, considered that the draft constitution "It perpetuates tyranny and gives absolute powers to the President of the Republic in the absence of separation of powers".

The Secretary-General of the Democratic Track Party, Fawzi Al-Sharafi, described the draft constitution, as… "Founder of the monopoly of power and gives full power to the president".

The draft constitution includes a preamble and 11 chapters comprising 142 chaptersFreedom And the establishment of a new constitution that expresses the will of the people in the form of a republic.

Constitutional law professor Rabeh Al-Kharaifi, one of the participants in drafting the constitution, said the published version included more than 80 percent of the drafting committee’s proposals.

Al-Khoraifi added in an interview with the site "Sky News Arabia"that "The preamble to the constitution, which raises controversy, is not part of it. As for the rest of the chapters, most of them were included in the country’s previous constitutions of 1959 or 2014, while the new chapters concern the creation of the two-chamber system through Parliament and the National Council for Regions and Regions, and the approval of the Constitutional Court by excluding lawyers and university professors and limiting them to judges".

Commenting on the chapter on freedoms, the constitutional law professor said that he did not raise concerns after he preserved the gains of the 2014 constitution, estimating that the new constitution would win the approval of the majority of Tunisians by establishing a strong presidential system led by the president of the republic with assistants.

On the other hand, a number of law professors and political activists revealed critical views of the new draft constitution, especially in what Chapter Five stipulates that "The state undertakes the realization of the objectives of Islam, such as preserving honor, religion, money, and freedom"expressing concerns about infringing personal freedoms by employing this chapter.

Others also expressed concerns that "The new constitution enshrines the tyranny of the presidential system as it grants the President of the Republic broad powers, by assuming the executive authority and appointing the head of government and its members".

It is noteworthy that the new draft constitution stipulated for the first time in Tunisia’s history the trade union right and the right to strike, provided that it does not include the institutions of the army, security and the judiciary. It also created a higher council for education to set public policies in this regard, and was subject to depriving deputies of parliamentary immunity in the event they commit crimes of violence and slander. Inside the parliament campus, and preventing the movement of deputies from one party to another in an effort to organize Political life Party work".

The draft constitution, which will be presented to Tunisians during a general referendum to answer yes or no for adoption, will be the focus of social and political controversy in the coming days separating from the date of the referendum."full of integrity" in front of the polls.

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While waiting for the people to say yes or no on the proposed constitution, its new features seemed to establish the “third republic” and cut across a number of axes with the previous constitution, especially with regard to the organization of work within the next parliament and the trend towards a presidential system that ends the amended parliamentary system adopted by Tunisia. After the 2011 protests.

In the first reaction, he commented Tunisian General Labor Union He will decide to participate with yes or no after reviewing the new draft constitution and reading it by the Legal Affairs Department and the Studies Department, while the Secretary-General of the Tunisia Forward Party, Abeid Al-Breiki, considered that the new constitution “responds to the aspirations of Tunisians and establishes a new state.”

The head of the coalition party for Tunisia Sarhan Al-Nasiri told Sky News Arabia that the new draft constitution “honestly expresses all the proposals made by the participants in the dialogue and during the deliberations of the advisory body,” considering that the new draft constitution “establishes a strong presidential system and is not dictatorial as promoted by opponents.” As it authorizes the President of the Republic to renew the candidacy for one time only and guarantees the people wide representation through a parliament and a national assembly for regions and regions.

Naciri explained that “consecrating the principle of the two chambers of parliament for the first time in Tunisia guarantees a balance between powers,” and that “the new parliament representing the regions and regions will support the function of parliament and activate the principle of decentralization, and work to achieve regional development that has been stalled for 10 years.”

The head of the Alliance Party for Tunisia added that “what came in the draft constitution torpedoed all the allegations of opponents of the July 25 track, who are falsely defending democracy and trying to spread the illusion of the return of dictatorship,” as he put it, describing the provisions of the constitution text as “a guarantor of rights and freedoms, freedom of publication, press and freedom of work.” The union and the right to health and education, as well as its guarantee of the rights of future generations after what it knew of the systematic destruction in the last ten years of the Brotherhood’s rule, to educate the Tunisian personality with an alien culture and programs that strike the national and historical dimension of the child and youth.

Al-Nassiri expected that the new constitution would win the approval of the Tunisian people and succeed by a large majority in the July 25 referendum, “a conviction among Tunisians of the need to break with the decade of corruption, failure and opportunism that characterized the Brotherhood’s rule.”

On the other hand, the Secretary-General of the Workers’ Party, Hamma Hammami, considered that the draft constitution “consecrates tyranny and gives absolute powers to the President of the Republic in the absence of separation of powers.”

The Secretary-General of the Democratic Track Party, Fawzi Al-Sharafi, described the draft constitution, as “establishing the unilateralism of power and granting full power to the president.”

The draft constitution includes a preamble and 11 chapters comprising 142 chaptersFreedom And the establishment of a new constitution that expresses the will of the people in the form of a republic.

Constitutional law professor Rabeh al-Kharaifi, one of the participants in drafting the constitution, said the published version included more than 80 percent of the drafting committee’s proposals.

Al-Kharaifi added in an interview with “Sky News Arabia”, that “the preamble to the constitution, which raises controversy, is not part of it. As for the rest of the chapters, most of them were included in the country’s previous constitutions of 1959 or 2014, while the new chapters concern the creation of the two-chamber system through Parliament and the National Council.” For regions and regions, and the approval of the Constitutional Court by excluding lawyers and university professors and limiting them to judges.

Commenting on the chapter on freedoms, the constitutional law professor said that he did not raise concerns after he preserved the gains of the 2014 constitution, estimating that the new constitution would win the approval of the majority of Tunisians by establishing a strong presidential system led by the president of the republic with assistants.

On the other hand, a number of law professors and political activists revealed critical views of the new draft constitution, especially with regard to the fifth chapter stipulating that “the state undertakes to achieve the purposes of Islam in terms of preserving honor, religion, money and freedom,” expressing concerns about harming personal freedoms by employing this chapter. .

Others also expressed their fears that “the new constitution enshrines the tyranny of the presidential system, as it grants the President of the Republic broad powers, by assuming the executive authority and appointing the head of government and its members.”

It is noteworthy that the new draft constitution stipulated for the first time in Tunisia’s history the trade union right and the right to strike, provided that it does not include the institutions of the army, security and the judiciary. It also created a higher council for education to set public policies in this regard, and was subject to depriving deputies of parliamentary immunity in the event they commit crimes of violence and slander. Inside the parliament campus, and preventing the movement of deputies from one party to another in an effort to organize Political life Party work.

The draft constitution, which will be presented to Tunisians during a general referendum to answer yes or no for adoption, will be the focus of social and political controversy in the coming days separating from the date of the referendum. Ballot boxes.

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