Amandla! magazine | Issue 84

constitution emerged in 2014. It created a
phony parliamentary political system, in
which the balance of power was nullified
by the predominance of the invisible
financial power of the oligarchic caste. This
configuration has plunged the country into
extreme instability: 14 governments have
come and gone since 2011, without ever
questioning the economic model against
which the people rebelled.
In the meantime, the economic crisis
has worsened. To stay in power, all these
governments have just obediently applied
the policies dictated by foreign donors,
especially the IMF, the World Bank and
the European Union. They have constantly
pushed Tunisia more and more in the
same direction: austerity, privatisation,
guarantee of foreign investment, opening
of the domestic market and indebtedness.
Meanwhile, the two political poles in
the race for power have done everything to
undermine the transitional justice process.

Neither had an interest in destroying Ben
Ali’s machine. Both wanted to preserve it to
take it over. The electoral bases of the two
poles were built with the same clientelist
practices. This configuration of power
has plagued political life and accentuated
corruption and clientelism.
In 2019, the presidential elections
saw an increase in the power of populism.
Two candidates went to the second
round: Nabil Karoui, a media tycoon and
notoriously corrupt man, and Kais Saied, a
near-unknown constitutional law teacher.
Each in his own style, they both played
the card of populism. Karoui distributed

food aid; Saied promised young people

horizontality, reconstruction from below

and a fight against corruption. In a country

that aspires to justice, it was K. Saied who

won, with 72% of the vote, despite a record

abstention rate since 2011 (43%).

Kais Saied in power, an

autocracy that does not say

its name

The first government approved by Saied

lasted only 6 months and the second

11 months. Meanwhile, parliament had

become the scene of a ludicrous comedy in

which blows and insults were exchanged

between the political caricatures of

Islamists and Destourians. Of course, this

provoked protest movements and on the

evening of July 25, Independence Day,

the president decided to put an end to the

masquerade. In breach of the constitution,

he declared a state of emergency, and

announced the suspension of parliament

and the dismissal of the government.

Since then, he has reigned as the

sole master, legislating by decree. He

has progressively deinstitutionalised

political life, including: dissolution of the

Provisional Commission for the Verification

of the Constitutionality of Laws; unilateral

appointment of a new government;

dissolution of the Superior Council of the

Judiciary; dissolution of parliament; change

in the composition of the Independent High

Authority for Elections...

On the evening of 30th June, he

published a draft constitution that has

been divisive and provoked indignant

reaction in civil society. A referendum is

scheduled for July 25th 2022, with simple

“yes” or “no” options. (Since this article

was written, the new constitution was passed

in a suspect referendum with a poor turnout,

and the opposition “National Salvation

Front” has decided to boycott the December

parliamentary elections - ed).

The general climate is that of a

country in the grip of deep manipulation.

The president used every means at his

disposal – including public means – to get

his constitution adopted. The journalists’

union, human rights organisations,

feminist networks and opponents of the

autocratic process have denounced heavy-

handed attempts at muzzling them. They

called for the constitution to be rejected

• some proposed a boycott, others a clear
  “no”.
  The main novelty – or rather
  regression – of the constitution is the
  establishment of a presidential regime
  in which the principles of separation,
  balance and reciprocal control of power are
  completely absent. All power is in the hands
  of one man, the president.
  Without going into detail, four points
  are enough to grasp the extent of the power
  grab:
  ● Regardless of the composition of the
  elected parliament, the president
  alone appoints the government.
  If motions of censure are passed
  successively against the government,
  the president may dissolve
  parliament.
  ● Members of the government may
  attend the plenaries and committees
  of the parliament without being
  invited by the elected representatives;
  and executive bills take precedence
  over legislative proposals.
  ● The members of the Constitutional
  Court are appointed and dismissed
  by the President and have very
  short terms. The court can only
  give an opinion at the request of the
  president or two-thirds of the elected
  representatives, and only on the
  specific points on which its opinion is
  requested.
  ● There is no mechanism for appealing
  against the president. The system is
  locked and bolted from the inside.
  Nobody is in a position to control or
  thwart presidential power.

And again this constitution brings the

debate back, once again, to the polarisation

of Islamists and modernists, while

obscuring economic and social issues. Not

much has changed.

Layla Riahi is a Tunisian researcher

and activist. She is part of the

Tunisian Platform of Alternatives as

well as the Working Group on Food

Sovereignty.

Protest against draft constitution in which the principles of separation, balance and reciprocal

control of power are completely absent. All power is in the hands of one man, the president.

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