04/04/2012

Tunisia in front of democratic experience (bis)

Tunisia in front of the democratic experience, it is the title of the conference organized by the European Parliament of Brussels on March 20th of this year in association with ambitious associations such as the CCMO, MEDEA and the Assembly of the Citizens of the Mediterranean Sea (ACM). A conference on Tunisia comment revolution. This conference kept its promises because the debate was interesting and the diverse interventions, politicians in the civil society by arriving until the art, everything was gathers. The question which arises at the moment is the following one: is Tunisia going to make a success of its democratic transition?

 » The relations between Tunisia and European Union: dynamics and perspectives of a new partnership  » was the title of the first Round Table of the conference. Tunisia needs Europe and Europe needs Tunisia, it is the master idea. A beautiful sentence which summarizes quite relations between Tunisia and Europe. Tunisia needs Europe to make a success of its transition and Europe counts on Tunisia to be an example of success for the other countries in transition. Tunisia generated the flame of the revolution in almost all the Maghreb and some countries of the Middle East. If Tunisia fails, the buckle of the failure will affect the other countries also. Europe did well efforts to help Tunisia in its transition, certainly but a lot remains to make. One of the Tunisian students presents during the conference proposed that the representatives of the EU come and notice the needs of the country by them even without trusting or being self-sufficient in the requests expressed by the government

The second Round Table long-awaited did not really reach its objective. This table combined representatives of the political parties in the power or what we call  » the Troika  » to know Ennahda, Ettakatol and the Congress for the Republic but also a representative of the General Union of the Tunisian workers ( UGTT), a labor union hardly consisted of left people which makes life hard for the party in the power. During the various interventions, we heard the version of every party of the current situation in Tunisia. Politicians’ words thus we would not know how to distinguish the forgery of the truth. The representative of Ennahda spoke about the argument which made a lot of noise within the constituent National Assembly but also in the street. The application of Sharia as source of main legislation in Tunisia. It is the first one in Tunisia, the substantive law will have a competitor the Islamic law. The Muslim right is a material source of the Tunisian legislation that has never took the form of a law, what expects now Ennahda in his project of Constitution.

The arrangement of the article 10 of the project of Constitution of Ennahda frightened more of one especially with the rise of Salafists and their will to establish the kilafat in Tunisia. Now, this arrangement is not any more for the agenda because further to pressures of the civil society and the progressive parties in Tunisia, the leader of Ennahda returned on his position and decided to keep the article 1 of the constitution of 1959 without evoking the sharia in the new Tunisian Constitution. A good blow of political communication succeeds by Ennahda but it seems to me premature to conclude that from it  » the Islamists say no to the sharia  » and what the Islam plays no legal role in the legislation. The 1st article of the constitution of 59 refreshed that  » Tunisia is a free, independent and sovereign State, its religion is the Islam, her language is Arabic and its regime the Republic « . This article is head of work of President Bourguiba because he succeeded in containing both currents

As told us Orphan Sami Ghorbal, author of an essay of Bourguiba and heirs of the Prophet (CERES, Tunis, on 2012):  » To interpret the 1st article remotely and literally has no sense because it fits into the general economy of a text. Articles 1, 5 and 6 form something quite coherent. The solemn proclamation of the freedom of conscience and the religion and the ban on any shape of discrimination as well as the omissions and the silences of the constitutional text which does not mention the sharia and the Muslim right have to bring (…) to the conclusion that without layman, the Tunisian State is not an Islamic State « . So, it will be necessary to wait to see the general architecture of the constitution to be able to pronounce on the place of the religion especially since Ennahda also has to give up articles 126 and 127 of the project which plan the institution of an independent Islamic upper Council constitutional authority asked to emit fatwas and compound of oulémas.

The last Round Table was entitled  » The civil society in front of political change in Tunisia: former and new actors of the democratic transition « . The civil society comment revolution is the weapon against any drift, it plays and will play an essential role in new Tunisia. The independence of the justice was evoked, indeed, this institution still suffers from the former regime) and tries to take(bring) out through the creation of a labor union of the magistrates but also through the implementation of the mechanisms of a just transitional justice there by punishing corrupted while offering them a fair justice. The sector of the media was also evoked during this conference of a media servant of the former regime in a « more free » media. I put between quotation mark because it is the case, the Tunisian media are not so free as it because the managers of the national TV and the radio are appointed by the party to the power. The manager of a private newspaper was put in prison

What is the role of the civil society in the improvement of the status of the woman in Tunisia? The labor union of the magistrates, the association of the judges as well as the labor syndicate of the journalists have in the head of the women recently elected. Is it a sign of a new vision of the Tunisian society towards the women? The answer could be positive because the parity and the alternation on electoral rolls were established for the first time in Tunisia allowing the women to participate actively in the public sphere except that the profits of the elections did not follow. Only 27 % of the women are in the constituent and what three Ministers women in the government. Adding to it the fact that the party in the power wants to end the adoption and to replace it by Kafala, the Minister woman speaks about orfi marriage, one elected representatives of Ennahda treat the unmarried mother of slander …

All this to say that a lot of work remains to make and if the willingness exists we shall make a success. Tunisia belongs to all the Tunisians, it was always a generous land of welcome; why would it change now?