The text, which will be put to a referendum on July 25, marks a radical break with the existing parliamentary system.
Tunisian President Kaïs Saïed on Thursday 30 June published a draft constitution which will be submitted to a referendum on 25 July, the national holiday, and which gives the head of state extensive powers, a radical break with the parliamentary system in place.
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The text published in the Official Journal confirms the expected presidentialization of the regime, stipulating that the “President of the Republic shall exercise executive power, assisted by a government led by a head of government” whom he appoints. This government is not presented to Parliament to gain confidence. According to the published draft, the president should also enjoy far-reaching privileges: he is the supreme commander of the armed forces, determines general state policy and ratifies the laws. She could also submit legislative texts to Parliament, “which she must examine as a matter of priority”. Aside from significantly reducing the role and powers of Parliament, the text also provides for the creation of a second chamber, the “National Assembly of Regions”.
A presidential system without checks and balances, with an all-powerful president, a powerless parliament and a harmless judiciary
Saïd Benarbia, Director of the International Judicial Commission
The draft constitution also makes no mention of Islam as the “state religion,” Sadok Belaïd, the lawyer who headed the commission responsible for drafting the text, told AFP on June 6. This omission is aimed at fighting Islamist-inspired parties like Ennahdha, President Saied’s pet peeve. The draft constitution guarantees “individual and public rights and freedoms” and affirms that men and women have “equal rights and duties”. It also states that the right to “peaceful assembly and demonstration is guaranteed”.
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The new constitution must replace the 2014 constitution, which created a hybrid system that repeatedly led to conflicts between the executive and the legislature. The opposition and human rights organizations accuse Saïed of wanting to adopt a text tailored to him. The director of the International Judicial Commission, Saïd Benarbia, told AFP that the draft constitution released on Thursday “disregards the idea of separation of powers” and “introduces a presidential system without checks and balances, with an all-powerful president and a powerless parliament”. and a harmless justice”.
After months of political deadlock, Kaïs Saïed, elected at the end of 2019, took full power on July 25, 2021, with the sacking of the prime minister and the suspension of the Ennahdha-dominated parliament, shaking the fledgling democracy, cradle of the Arab Spring. . .
The referendum on the constitution coincides with the 1st anniversary of this coup.