Tunisia finally passes progressive constitution
By PAUL SCHEMM
and BOUAZZA BEN BOUAZZA
the associated press | January 28,2014
Tunisian President Moncef Marzouki flashes the V-sign after the signing ceremony of the new constitution at the National Constituent Assembly in Tunis, Tunisia, Monday.
TUNIS, Tunisia — After decades of dictatorship and two years of arguments and compromises, Tunisians finally have a new constitution laying the foundations for a new democracy.
The document is groundbreaking as one of the most progressive constitutions in the Arab world — and for the fact that it got written at all. It passed late Sunday by 200 votes out of the 216 seats in the assembly of the Muslim Mediterranean country that inspired uprisings across the region after overthrowing a dictator in 2011.
“This constitution, without being perfect, is one of consensus,” assembly speaker Mustapha Ben Jaafar said after the vote. “We had today a new rendezvous with history to build a democracy founded on rights and equality.”
In a ceremony on Monday Ben Jaafar, Tunisian President Moncef Marzouki and outgoing Prime Minister Ali Larayedh signed the document in the assembly while deputies sang the national anthem.
In a statement, U.N. Secretary-General Ban Ki-moon said that “Tunisia can be a model to other peoples who are seeking reforms.”
The constitution enshrining freedom of religion and women’s rights took two years to finish. During that period, the country was battered by high unemployment, protests, terrorist attacks, political assassinations and politicians who seemed more interested in posturing than finishing the charter.
During the same period, Egypt wrote two constitutions — and went through a military coup against an elected government. Egypt’s charters were quickly drafted by appointed committees and involved little public debate or input. In Tunisia, an elected assembly of Tunisian Islamists, leftists and liberals worked on a detailed roadmap for their political future.
Tunisians hope its care in drafting the constitution makes a difference in returning stability to the country and reassuring investors and allies such as the U.S.
“We needed time to get this constitution as it is today,” said Amira Yahyaoui, who has closely followed the assembly’s activities with her monitoring group Bawsala. “Clearly, writing this constitution to do a real transformation of the minds of people needed time and I absolutely don’t regret these two years and I am happy we had time to discuss and think about all the arguments.”
The new constitution sets out to make the North African country of 11 million people a democracy, with a civil state whose laws are not based on Islamic law, unlike many other Arab constitutions. An entire chapter of the document, some 28 articles, is dedicated to protecting citizens’ rights, including protection from torture, the right to due process, and freedom of worship. It guarantees equality between men and women before the law and the state commits itself to protecting women’s rights.
“This is the real revolution. Many democratic constitutions don’t even have that,” said Yahyaoui. “It will have a real impact on the rest of the Arab region, because finally we can say that women’s rights are not a Western concept only, but also exist in Tunisia.”
Tunisia has always had the most progressive legislation on women’s rights in the Arab world and Yahyaoui believes the long period of writing has made people comfortable with its contents.
One of the most hotly debated articles guarantees “freedom of belief and conscience,” which would permit atheism and the practice of non-Abrahamic religions frowned upon in other Islamic countries. It also bans incitement to violence and declaring a Muslim an apostate — a fallen Muslim — which leaves them open to death threats.