The of Processes, principles and perspectives

Index

Title Author Page

H.E. Monsieur Béji Caid- Essebsi President of the Republic of Tunisia Helen Clark Administrator, United Nations Foreword ...... Development Programme ……….. Mounir Tabet Resident Coordinator of the United Nations and Resident Representative of the United Nations Development Programme

The process

Francis Delpérée, President of the International Academy of The new Constitution Constitutional Law ...... ……….. Member of the Belgian Chamber of Representatives Kingdom of Belgium Ahmed-Néjib Chebbi Member of the National Constituent Assembly, Former President of the High Political Body of Transition: the art of compromise ...... Al Jomhuri Party, ……….. Former Minister of Regional and Local Development, Republic of Tunisia Yadh Ben Achour President of the High Authority for the The in its achievement of the constitutional manifestations objectives of the The first transitional period (14 January ...... Revolution, political reform ……….. 2011 - 16 December 2011) and democratic transition, Member of the Human Rights Committee of the United Nations, Republic of Tunisia Moez Sinaoui Communications officer to A first-hand witness of the democratic the Head of the transition transition alongside Béji Caïd Essebsi government (2011), Spokesperson for the Presidency of the Republic, Republic of Tunisia Habib Khedher General Rapporteur of the The General Rapporteur of the Constitution, Constitution and of the Joint Commission National Constituent for the coordination and drafting of the ...... Assembly, ……….. new Constitution Advisor to the President of the Assembly of Representatives of People, Republic of Tunisia Chawki Gaddes, Professor of Public Law at the University of Carthage, The elections of 23 October 2011 ...... electoral expert, ……….. Secretary General of the ATDC, Republic of Tunisia Ghazi Gherairi, Spokesperson of the High Body for the achievement of the objectives of the The civilian character of the Tunisian Revolution, political refom ...... ……….. State and democratic transition, Secretary General of the International Academy of Constitutional Law Republic of Tunisia Mouldi Al-Riahi President of the The establishment of the National parliamentary group Constituent Assembly and ...... Ettakatol, ……….. the launching of its work National Constituent Assembly, Republic of Tunisia Badreddine Abdelkafi Advisor to the President of The National Constituent Assembly and the National Constituent the civil society: What is the Assembly, Head of ...... ……….. relationship? relations with citizens, civil society, and Tunisians abroad. Republic of Tunisia Adel Bsili Former Secretary General, Assembly of the Beginning and organization of the work Representatives of People, of the constituent committees ...... Member of the High ……….. Independent Authority for Audiovisual Communication, Republic of Tunisia Hedi Abdelkefi, Expert in Constitutional Strengthening and The Tunisian Constitution: the evolution Parliamentary of a text ...... ……….. development, United Nations Development Programme

Rached Ghannouchi, The evolution of Political Islam during the President of the Ennahdha transition ...... ……….. Movement Party, Republic of Tunisia Zied Krichen, The in the Challenge Political Analyst of the constitutional drafting process, ...... Editor-in-chief of the daily ……….. from Shariah to freedom of conscience newspaper Al Maghreb, Republic of Tunisia Salah Eddine Al Jourchi Political Analyst, Structure and evolution of the political Founder of Al Jahidh landscape during the transition ...... ……….. Forum, Republic of Tunisia

Radical religious movements during the Alaya Allani, transition. Academic and researcher The example of Ansar Al-Sharia in ...... in Islamic groups, ……….. Tunisia: Growth and development University of Manouba, prospects: 2011 - 2014 Republic of Tunisia Hela Yousfi, The Tunisian Constitution tested against University Lecturer the revolutionary ideal ...... University Paris-Dauphine ……….. Republic of Tunisia Souhayr Belhassen, President of the The civil society in the transition International Federation of ...... ……….. Human Rights Leagues (FIDH), Republic of Tunisia Amira Yahayoui Observing the National Constituent Founder of NGO AL- ...... Assembly Bawsala, Republic of Tunisia Jawher Ben Mbarek, The constitution-making process and the Cofounder and General civil society: from negation to ...... Coordinator of Reseau ……….. acceptance? Dostourna, Republic of Tunisia Houcine Abbassi Secretary General of the The national role of the Tunisian General ...... Tunisian General Labor ……….. Labour Union Union, Republic of Tunisia Aziz Krichen, Former Minister Counsellor Dialogue among the parties in April 2013 to the President of the ...... ……….. Republic, Political Affairs Officer, Republic of Tunisia Mohamed El Hamdi Dissolving tensions between the groups Leader of the Democratic and resuming the work of the parliamentary group in the Constituent Assembly...... Constituent Assembly, ……….. The transitional experiment in Tunisia: Secretary General of the between conflict and agreement Democratic Alliance Party Republic of Tunisia Rym Mahjoub, Member of the National Constituent Assembly, From division to consensus: the role and President of the contribution of the Consensus ...... parliamentary group Afek ……….. Committee Tounes, Assembly of the Representatives of People Republic of Tunisia Olivier Pierre-Louveaux, Inclusive political processes The National Assembly at the heart of Regional Hub for Arab the transition process ...... States, ……….. United Nations Development Programme Mehrezia Laabidi, Vice-President of the National Constituent Creating dialogue and guaranteeing Assembly, President of respect — Chairing the Plenary Sessions ...... ……….. Commission, Assembly of the Representatives of People Republic of Tunisia Kmar Bendana, The Tunisian Constitution of 2014: a Professor story of crisis resolution ...... Faculty of Social Sciences ……….. of Republic of Tunisia Sahbi Khalfaoui, Expert in Parliamentary The constitutional debates of 3 - 26 Development, January 2014 ...... ……….. United Nations Development Programme Republic of Tunisia Jonathan Murphy, Former Chief Technical Advisor, Support to the Competing and collaborating legitimacies Constitutional Process: in the democratic transition in Tunisia ...... ……….. Parliamentary Development and National Dialogue in Tunisia United Nations Development Programme

Charles Chauvel, Reflections on Constitution-Making Charmaine Rodrigues, around the world: Rushika De Silva, Charles Chauvel Comparative good practice and lessons ...... ……….. Team Leader, Inclusive learned Political Processes, Bureau for Policy & Programme Support, UNDP New York.

The journey of transitional justice in Amin Al- Ghali Tunisia: From civil movement to Director of the Center Al ...... ……….. legislation Kawakibi, Republic of Tunisia

Content of the Constitution

The founding values of the second Salwa Hamrouni, Republic in the introduction and the ...... Professor ……….. general principles of the Tunisian Faculty of Legal, Politic and constitution Social Sciences of Tunis Board member of the Tunisian association of constitutional law Republic of Tunisia

Sadok Belaïd, A State in society. Dean The identity of the Tunisian state in the ...... Faculty of Juridical, Political ……….. Constitution. and Social Sciences of Tunis Republic of Tunisia Slim Laghmani, Professor at the The Constitutional Court Faculty of Law, Political and ...... ……….. Social Sciences of Tunis, Republic of Tunisia

Amna Guellali, The general limitation clause in the new Director Tunisian Constitution: ...... Human Rights Watch ……….. Its origins, scope and challenges Republic of Tunisia

Maria Luisa Fornara, The rights of the child in the Constitution UNICEF Representative ...... ……….. Republic of Tunisia

Monia Ben Jemia, Interpretation of article 46 of the Professor Constitution ...... Faculty of law, Political and ……….. social sciences of Tunis Republic of Tunisia Wahid Ferchichi, Professor of Law, The environment in the new Tunisian University of Carthage, Constitution ...... ……….. Faculty of law, Political and Social Sciences of Tunis Republic of Tunisia Mehdi Benchelah, Freedom of expression and opinion in Head of Office the Tunisian Constitution ...... ……….. UNESCO Republic of Tunisia Dimiter Chalev, Mazen Shaquoura, The role of the United Nations in the Abou Abass, Constitutional process in Tunisia and the Dimiter Chalev Head of Country Office outcome in terms of Human Rights ...... ……….. Mazen Shaquoura guarantees Deputy Head of Office Abou Abass Human Rights Officer Office of the United Nations High Commissioner for Human Rights Republic of Tunisia

Néji Baccouche, Dean Faculty of Law Economic and social rights and the ...... University of Sfax, ……….. Tunisian Constitution Republic of Tunisia

Jean-Raphaël Giuliani, Adviser in constitutional support and parliamentary development, The Parliament in the Constitution ...... ……….. United Nations Development Programme Republic of Tunisia

Salsabil Kelibi, Professor Separation and balance of powers in the Faculty of law, Political and Tunisian constitution ...... ……….. Social Sciences of Tunis Republic of Tunisia

Rafaa Ben Achour, Professor Diarchy in the Tunisian Constitution Faculty of law, Political and ...... ……….. Social Sciences of Tunis Republic of Tunisia

Fadhel Moussa, University professor and former Dean of the Faculty of law, Politicalal and Social Sciences in Tunis. University of Carthage. What kind of justice do we want? Chair of the Constituent Fair trial in the new Tunisian Constitution ...... Committee on Judicial, ……….. Administrative, Financial and Constitutional Justice. Member of the Joint Committee for the Coordination and Drafting of the Constitution. Republic of Tunisia Xavier Philippe Jurisdictional control and the Professor of public right, Constitutional court in the Tunisian Director of Institute Louis ...... ……….. Constitution Favoreu-GERJC University Aix-Marseille France Khaled Kchir Professor Transitional Justice. What is it? ...... Faculty of Social Sciences ……….. Its quality is in its nature. University of Tunis Republic of Tunisia Moncef Cheikh-Rouhou, Vicepresident of Commission, National Constituent The state budget and budgetary ...... Assembly, ……….. oversight Professor at the Ecole des hautes études commerciales of Paris Republic of Tunisia André Roux, Professor at the Institute of Political Studies, Aix en Provence The revision of the Tunisian Constitution ...... Director of the Revue ……….. Française de Droit Constitutionnel [French Constitutional Law Review] France Jamel Touir Chairman of the Independent Constitutional Bodies in the Constitutional Bodies’ Tunisian Constitution (January 2014) ...... Committee ……….. at the National Constituent Assembly Republic of Tunisia Armed and National Security Forces in Sélim Ben Abdelsselem, the Tunisian Constitution of 27 January Député of the National 2014: ...... Constituent ……….. “Armed and Security Forces: A Assembly, Republic of Republican mission, subjects of law” Tunisia

Marion Volkmann, Former Director Carter Constitution and elections ...... ……….. Center, Republic of Tunisia Emergence of the Black Youth Movement against racism in Tunisia after the Mansour Hamrouni Revolution of 14 January 2011 Maha Abdelhamid ...... ……….. Association ADAM Republic of Tunisia Magdy Martinez- Soleman, Assistant Secretary-General Afterword of the United Nations, PNUD : support and sharing of Director of the Bureau for ...... ……….. experiences and knowledge Policy and Programme Support United Nations Development Programme