Its religion is islam, its language is arabic and its type of government is the republic. Chapter one general provisions article 1 tunisia is a free, independent and sovereign state. May 01, 2020 united states institute of peace usip usip provides the analysis, training and tools that prevent and end conflicts, promotes stability and professionalizes the field of peacebuilding. Aug 14, 2012 the text before you is not the new draft constitution of tunisia. For nearly the entire period between tunisias achievement of independence in 1956 and the jasmine revolution, a popular uprising that unseated pres. God or other deities we, in the name of the tunisian people, with the help of god, draft this constitution. Org 3 participatory and inclusive constitution making summary many of the countries of the arab spring face daunting challenges. Tunisias lawmakers and politicians ultimately decided to distribute executive power in a semipresidential as opposed to. It is crucial to both combating violent extremism and to enlarging just governance. This vote in favour meant that a referendum on the constitution was not necessary anymore. The constitution, which enshrines freedom of religion and womens rights, took two years to finish. United states institute of peace usip usip provides the analysis, training and tools that prevent and end conflicts, promotes stability and professionalizes the field of peacebuilding. Sovereignty, religion, language, government system unamendable provisions tunisia is a free, independent, sovereign state. Tunisias first modern constitution was the fundamental pact of 1857.
Human rights watch analyzed the draft constitution to. Prioritizing security sector reform drives home why security sector reform is a complex and central policy problem. Since then, tunisia has taken key steps toward democracy. Estee ward is a 2l at penn law school and the lead researcher for the project. Usip is a national, nonpartisan, independent institute, founded by congress and dedicated to the proposition that a world without violent conflict is possible, practical, and essential for u. President habib ali bourguiba, who had been the leader of the independence movement, declared tunisia a republic in 1957, ending the nominal rule of the ottoman beys. Following the 2011 revolution, the tunisian government embarked on a series of efforts to improve the quality of governance, advance administrative reforms, fight corruption, increase social inclusion, and reduce regional disparities. This guide to law online tunisia contains a selection of tunisian legal, juridical, and governmental sources accessible through the internet. The new tunisian constitution jasmine foundation for research and communication is pleased to present the first unofficial english translation of the new tunisian constitution. The third draft constitution of the tunisian republic article 19 free word centre, 60 farringdon rd, london ec1r 3ga. This constitution is the first constitution in the arab world written with an islamist party in power pickard, 2015, p.
The constitution of tunisia is the supreme law of the tunisian republic. On the positive side, tunisias main law governing assemblies. In line with the civil character of the state the new tunisian constitution strictly limits the role of the military. On 26 january 2014, the constitutional assembly of tunisia adopted a new constitution in the heartland of the arab spring. Anware mnasri is an administrative judge in tunisia. New technologies in constitution making united states institute of. On january 3, the national constituent assembly nca began voting on the countrys new constitution.
Jan 31, 2020 tunisia s independence from france in 1956 ended the protectorate established in 1881. How to make local government in tunisia more accountable participatory democracy and open governance in the new tunisian constitution intissarkherigi, jasmine foundation june 2016 article 9. 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. The third draft constitution of the tunisian republic. The elected representatives in tunisia took two years, three months and three days to complete the drafting of the new constitution. It enshrines many rights for women and is step in the right direction, according to many tunisians. It contains titles available in the ascl library and published in the past six years. Tunisians subsequently elected a national constituent assembly nca tasked with drafting the countrys new constitution. May, 20 tunis tunisias national constituent assembly nca should modify articles in the new draft constitution that threaten human rights. Querine hanlon and richard schultzs new book prioritizing security sector reform not only deftly reaffirms the critical importance of security sector reform to stabilize fragile and conflictaffected states, but also outlines a cogent and comprehensive policy framework to reinvent u.
In june 1959, tunisia adopted a constitution modeled on the french system, which established. Tunisias new constitution has captured international headlines. How to make local government in tunisia more accountable. The tunisian constitution also greatly privileges the former ruling party. Egypt, tunisia, and the constitutional movement united.
Four years after its creation in the 2014 constitution, tunisias constitutional court remains vacant. Amendments to the constitution were made several times in 1988, 1999, 2002, 2003, and 2008. After gaining independence from france in 1956, a new constitution was drafted and later adopted in 1959. Tunisias suspended constitution affirmed the right of assembly, while tunisias laws restrict that right in many ways. How women influenced constitution making in tunisia. The campaign to establish a national peace academy began in the 1970s with legislation by senators vance hartke and mark hatfield. Media in category constitutions of tunisia the following 10 files are in this category, out of 10 total. Tunisias transitional process has been lauded as the most successful among the arab spring countries.
Participatory and inclusive constitution making the web site. Local authorities shall adopt the mechanisms of participatory democracy and the. Since 2012, usips peacebuilding programs have worked with local partners to empower tunisians to safeguard their democratic. This document is available also in arabic and french 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. This page was last edited on 24 november 2016, at 17.
The constitutional court is the sole body competent to oversee the constitutionality of the following. 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. 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. Though the attention it has attracted is undeniable, the impact the new constitution will actually have on tunisia remains to be seen. Zine alabidine ben ali in 2011, the tunisian political system featured a powerful presidential regime backed by a single political party. Young tunisian entrepreneurs participate in skills building exercises as part of the mashrou3i program jointly funded by usaid, unido, hewlett packard, and the government of italy. Perhaps less well known is that tunisias constitutiondrafting process during this time is a.
Muna ndulo on ethnicity, diversity, inclusivity and constitution making in africa 17 november the library, documentation and information department of the african studies centre leiden has compiled a web dossier on african constitutions. The constitutions adoption opened the door for the legislative and presidential elections that occurred in 2014, as mandated by the constitution s transitional provisions. The constitution of 1959 granted the president sweeping executive and legislative. We, the representatives of the tunisian poople, free and sovereign, proclaim, by the grace of god, the present constitution. The latter notwithstanding, tunisia can still claim to have cobbled together the most progressive rights and freedoms of any constitution in the arab world. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. Participatory and inclusive constitutionmaking united states. Article 21 should state that regularly signed and ratified international agreements may only be. Assessing tunisias new constitution 05022014 on 26 january 2014, the constitutional assembly of tunisia adopted a new constitution in the heartland of the arab spring. In conflict zones abroad, the institute works with local partners to prevent, mitigate, and resolve violent conflict. This volume offers a variety of insights from british and canadian techniques and the most significant contemporary cases of libya, tunisia, and mexico, as well as offering a crisp, unified vision. The republic of tunisia lies on the mediterranean coast and shares borders with algeria and libya. The problem with tunisias 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. After three years of negotiations, lawmakers ratified a new constitution in january 2014. In sharp contrast to egypt, tunisia adopted its constitution on january. 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. Tunisia embeds anticorruption agency in constitution. Constitutional reform in transitional states united states institute. Constitution of tunisia, 1959 wikisource, the free online. The present text is the culmination of work performed by the six constituent committees between february 2012 and 10 august 2012. Tunisias parliament has adopted a new constitution the first since the ousting of president zine elabidine ben ali three years ago. 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. During that period, tunisia has been hit by high unemployment, protests, terrorist attacks and. The constitutionmaking process in tunisia 5 constitutionbuilding projects, especially those experiencing political transitions.
Democracy, like revolution, is unattainable without women. Whereas many observers are lamenting the failure of the arab spring, tunisia has proven once again that it is on a march toward democracy. Ited states istitte of pece constitution venue ashington dc 02. The current situation in tunisia united states institute of peace. In addition, the inprol research team can put together research memoranda based on questions posed on the forums. Transparent and wellorganized elections in fall 2014 marked the culmination of the constitutional phase in tunisias transition. Files are available under licenses specified on their description page.
The constitution sets out a framework for local governments to become downwardly. 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. Participatory approaches have come to the forefront of constitution making in recent years. Tunisia signs new constitution world news the guardian. Tunisia s democratic transition is often hailed as the only real success of the 2011 arab spring revolutions, yet the country continues to confront violent extremism, economic strains, and institutions weakened by years of authoritarian rule. African constitutions african studies centre leiden. Usip s work in tunisia convening top officials and experts usip hosts tunisia s most prominent officials and experts in washington for events that focus on improving security, reducing extremism, and. Libyas transition is challenged by armed militias vying for control. 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. Security sector reform is critical if tunisias transition to democracy is to succeed in the. Chapter i general provisions article 1 state tunisia is a free state, independent and sovereign. In sharp contrast to egypt, tunisia adopted its constitution on. Tunisia is a free, independent and sovereign state.
Tunisia claimed a major success in october 2011, when the country held elections to choose representatives for a national constituent assembly nca. Institute of peace operates on the ground in some of the worlds most dangerous places to provide training, guidance, resources and analysis for those working to prevent or reduce violent conflict. The 2011 revolution was a powerful expression of tunisians desire to have their voice heard in the economic and political life of their country. On the occasion of the stephen ellis annual lecture by prof. Tunisias democratic transition is often hailed as the only real success of the 2011 arab spring revolutions, yet the country continues to confront violent extremism, economic strains, and institutions weakened by years of authoritarian rule. 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. Egyptians and tunisians are anxiously waiting to see how their aspirations will be realized in the weeks after the historic popular uprisings. Constitution making practitioners can receive advice and input from inprols 1500 members through the rule of law forum, including leading experts on constitution making from around the world. Institute of peace works directly with tunisians to conduct analysis and nurture sustainable programs that improve governance and strengthen. Usip is active in 51 countries and has staff in of those, including afghanistan and iraq.
Despite reservations about some of the provisions, the text provides. Much of the existing literature draws on qualitative empirical research. It was passed on 10 february 2014, replacing the constitutional law of 16 december 2011 that temporarily formed the basis of government after. 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. Carter center hopes that this final report assessing both the content and constitutionmaking process will support tunisias efforts to strengthen the rights contained in the new constitution. All structured data from the file and property namespaces is available under the creative commons cc0 license. Usips work in tunisia united states institute of peace. The flag of the republic of tunisia is red, and, according to the terms defined by law, bears in its midst a white circle in which is inscribed a fivepointed red star surrounded by a red crescent. Please dont hesitate to comment and make suggestions.
Used as a roman, arab, turk, and french trading post and regional command centre, this country covers over 160,000 square kilometres and is home to 10. There is a limited but growing body of literature which explores post2011 conflict in tunisia. Security sector reform in tunisia united states institute of peace. Lawmakers have approved many of the chapters and articles, and the final vote on the entire document should take place within a few days. About usip the united states institute of peace is a congressionallycreated, independent, nonpartisan institution charged with increasing the nations capacity to manage international conflict without violence. Mar 11, 2017 law n 5957 dated june 1, 1959 25 thulkaada 78 promulgating the constitution of the republic of tunisia. Draft of the constitution of the republic of tunisia 14. United states institute of peace 2301 constitution avenue, nw, washington, dc 20037 202. To supplement evidence gaps, this report at times draws on media reports. 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. Usips work in tunisia convening top officials and experts usip hosts tunisias most prominent officials and experts in washington for events that focus on improving security, reducing extremism, and. While no component of egyptian or tunisian society governance, politics, security, civil society, and economy is likely to be spared scrutiny, special attention will necessarily be paid to the constitution. Published in the official gazette of the republic of tunisia on june 1,1959 in an original version arabic only, page 746. The nca is tasked with writing a constitution and governing tunisia until the new constitution and permanent government are in place.
Rg about usip the united states institute of peace is a national, nonpartisan, independent institute, founded by congress and dedicated to the proposition that a world without violent conflict is possible, practical. Tunisia, the one democracy to emerge from the arab spring, has been unable to find. The second constitution, the constitution of 1861, replaced the fundamental pact and established tunisia as a constitutional monarchy. Making peace possible united states institute of peace 201 constitution ave, nw washington, dc 2007 202. Tunisia s first modern constitution was the fundamental pact of 1857.