Amna guellali senior tunisia and algeria researcher, middle east and north africa division aguellaa. The constitutionmaking process in tunisia the carter center. Tunisias constitution of 1959 with amendments through 2008 historical. English translation of the tunisian draft constitution. Commn on intl religious freedom, the religionstate. The flag of the tunisian republic is red and bears in its midst a white circle in which is inscribed a fivepointed star surrounded by a red crescent, as provided for by law. Civil society representatives in six of tunisias 24 governorates met with assembly members to discuss the text later that month. On 26 january 2014, the constitutional assembly of tunisia adopted a new constitution in the heartland of the arab spring.
Information from its description page there is shown below. The constitutions of most arab countries refer to sharia as a source of at least some laws, if not all laws. Tunis tunisias national constituent assembly is close to passing a new constitution that. Published in the official gazette of the republic of tunisia on june.
Jan 27, 2014 this page was last edited on 24 november 2016, at 17. Nearly a century later, shortly after the country gained its independence from france, tunisians opted to form a national constituent assembly to draft a new constitution, which was adopted on june 1, 1959. The problem with tunisias new constitution foreign policy. Article 39 of the new tunisian constitution states that the country will pursue the consolidation of the arabmuslim identity. Tunisia signs new constitution world news the guardian. A strong constitution, reached through consultation and debate, is the foundation of a thriving democracy. Tunisian constitution, praised for balance, nears passage. Tunisia signs new constitution into law news al jazeera. Commons is a freely licensed media file repository. The constitution of tunisia is the supreme law of the tunisian republic.
The process and the outcomes find, read and cite all the. The notion of the tunisian model has appeared, as an example to follow in other arab countries. The role of islamic law in tunisias constitution and. Historically, tunisian judges did not interpret this language from the 1959 constitution in a way that imposed sharia. Ben achour was a logical candidate to lead the group. The constitution of the united states preamble we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do. Mar 26, 2014 tunisian amazighs holding the tunisian and amazigh flags.
Tunisias longawaited constitution should be a model for protecting freedom of expression in the region, say rights groups. Chapter i general provisions article 1 state tunisia is a free state, independent and sovereign. Every tunisian citizen aged over 18 years shall be entitled to vote in accordance with the. The national anthem of the tunisian republic is humat alhima defenders of the homeland, in accordance with the provisions defined by law. It is not a perfect document, but the product of an agreement. Tunisian debate over islam, rights in constitution. Women in tunisian are concerned that the new constitution may slow down their progress towards gender equality. Constitution of the republic of tunisia official printing.
Panarabist ideology in the new tunisian constitution memri. Constitution of the united states we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this. 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. We are encouraged that tunisias national constituent assembly voted to ratify tunisias new constitution on january 26. Women and the making of the tunisian constitution penn law. Jan 15, 2014 tunisian constitution, praised for balance, nears passage. Concerning the role of islamic law in the new tunisian constitution, it is important to note that the word islam is mentioned four times in the april 20 draft. Article 19 1has previously produced a policy brief to support the process of drafting the new tunisian constitution. For one, the tunisian 2014constitution is highlighted as the success case of the arab uprisings. Texts pertaining to the following are adopted in the form of laws. A tunisian cartoonist is in the second year of a sevenyear sentence for posting cartoons insulting the prophet muhammad on facebook. Tunisias first modern constitution was the fundamental pact of 1857.
Published in the official gazette of the republic of tunisia on june 1,1959 in an original version arabic only, page 746. The third draft constitution of the tunisian republic. All structured data from the file and property namespaces is available under the creative commons cc0 license. 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. Constitution of tunisia, 1959 wikisource, the free online. This document has been recompiled and reformatted using texts collected in international ideas. The new tunisian constitution generally provides the usual structure of electoral democracies. Tunisia is a republic with a strong presidential system that was long dominated by a single political party.
Tunisia live, march 8, 2012 the arabmuslim identity. Tunisian courts were thus unified and the same law. We, the representatives of the tunisian poople, free and sovereign, proclaim, by the grace of god, the present constitution. The study of the constitutionmaking process in tunisia is relevant for several reasons. Charter may be one of the last steps to full democracy after the 2011 uprising that sparked the arab spring. In 1956, sharia courts and later rabbinical courts and french courts were abolished, and the code of personal status cps was adopted. Ninetyeight percent of tunisians are muslim and islam is an integral part of culture and life. In summary, the new constitution of tunisia is a solid basis for a promising future of tunisia. Tunisia s first modern constitution was the fundamental pact of 1857. Adopted in plenary session of the national constituent.
As the president of the national constitutional assembly said. Dec 06, 20 the following joint appeal by over 50 ifex members and partners is being sent to the tunisian civil society groups who have the ability to contribute to the constitution building process. The problem with tunisias new constitution human rights. Mar 11, 2017 law n 5957 dated june 1, 1959 25 thulkaada 78 promulgating the constitution of the republic of tunisia. The third draft constitution of the tunisian republic article 19 free word centre, 60 farringdon rd, london ec1r 3ga. In the constitution of 1959, the rights and freedoms were only presented in summary form.
Following independence in 1956, the new tunisian authorities implemented a range of legal reforms that gave the tunisian legal system its current shape. Promulgate the following constitution of the republic of tunisia, the content of which is as. The son of a distinguished religious scholar, he had advanced degrees in public law. Tunisias constitution should be a model to protect free. Files are available under licenses specified on their description page. Tunisias constitution of 2014 pdf, retrieved 14 january 2018. Pdf on feb 12, 2014, mohamedsalah omri and others published the tunisian constitution. Article 4 the flag of the republic of tunisia is red, and, according to the terms defined by law, bears in its midst a. Thus, tunisian women may have had the legacy of kairouan to appeal to in their demands for equality, but it was bourguiba who freed tunisian women from the veil which he called an odious rag p.
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. Tunisian debate over islam, rights in constitution illustrated at usip event. The constitution of 1861, considered the first written constitution in the arab world, would soon follow. 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. Tunisia s mass popular uprising, dubbed the jasmine revolution, sparked antigovernment movements in other countries across. Tunisias constitution of 1959 with amendments through 2008.
The national constituent assembly launched the initiative with the united nations to enhance citizens participation in the debate. This vote in favour meant that a referendum on the constitution was not necessary anymore. Jan 03, 20 the tunisian national constituent assembly issued a draft constitution on dec. We, the representatives of the tunisian people, members of the national constituent assembly, taking pride in the struggle of our people to gain independence and build the state, to free ourselves from tyranny, to affirm our free will and to achieve the objectives of the revolution for freedom and dignity, the revolution of december 17, 2010 through january 14, 2011, with loyalty to the blood. Article 3 sovereignty belongs to the tunisian people, who exercise it in accordance with the constitution. The subsequent turkish constitutions, with the partial exception of the constitution of 1921, also originated very much within the governing elite.
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