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The Establishment of the National Constituent Assembly and the Launching of Its Work

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The Establishment of the National Constituent Assembly and the Launching of Its Work The establishment of the National Constituent Assembly and the launching of its work Mouldi AL-RIAHI In Sidi Bouzid on 17 December 2010, before the Prefecture, the symbol of authority in the Governorate, and in a moment of extreme despair, a young man of twenty-six came forward and set himself alight. He was a street vendor who was forced to leave education at the end of high school prior to finishing his A-levels due to the death of his father. The young man had to provide for his family by selling vegetables and grains. He committed this act under the weight of oppression and the "abuse of power" he experienced, and as a result of being humiliated once again by the municipal police. Their target was his simple source of income, and the local authority rejected any attempt by him to register his grievance. Did this young man named Mohamed Bouazizi think for one moment that his desperate protest would ignite a popular uprising, which would spread throughout Tunisia and turn into a full scale revolution? Did he foresee that it would be the end of Ben Ali's autocratic and corrupt rule, and a starting point for the establishment of a democratic system and the sovereignty of the people? That it would launch the second republic after the ratification of a new Tunisian constitution?! From the 1959 Constitution to the Two Sit-In Protests at Al-Kasbah, and the Demand for a New Constitution Without a doubt, the independent state was a modernising one, and its establishers, led by Habib Bourguiba, the first President of the Republic of Tunisia, were determined to quickly engage the Tunisian public with this modernising project, which was based on three founding pillars: the reform of education and making it as widely available as possible, providing basic healthcare for all, and to reform the situation of women and families, in order to create a modern society. To guarantee the success of this modernising project, it proceeded down the path of "enlightened absolutism", by relying on the enactment of laws to implement the various reforms, as well as on political pressure and the resorting to repression and violence "when required". This approach was reflected very clearly in the 1 June Constitution, in which the sections relating to freedoms and rights stipulated that these shall be exercised as required under the law. Theses freedoms were essentially those of thought, expression, journalism and publishing, the right to gather and to establish associations. Various laws were then enacted around these rights and freedoms granted under the Constitution, which basically left them void. This is in addition to the fact that the President was the real legislative authority in the country and that after the amendment of the constitution in June 1975, the Presidency of the Republic was granted for life to Habib Bourguiba1. This dealt a cruel blow to republican though and to the principles of a republic. If the absolutism was enlightened during the period of Bourguiba's rule, which lasted thirty- one years (1956-1987), and was distinguished generally by deafness to and oppression of requests for rights and freedoms issued by the democratic parties, as well as civil rights organisations and associations. Then the period of Ben Ali's rule (1987-2011) epitomised a state of corruption and dictatorial tyranny combined. The purpose of any amendments to the constitution, particularly those 1 Section 39 of the Constitution as amended in June 1975. of 1988 and 2002, was merely to consolidate all state affairs in the hands of the President of the Republic and open the floodgates to allow Ben Ali an unlimited candidacy to the post of President of the Republic2. The amendments also granted him lifelong immunity; therefore, he could not be prosecuted neither while exercising his duties nor afterwards3. In another respect, the continual amendments made to the Electoral Code were a means of ensuring a very limited composition to the "Assembly of Representatives" and of rewarding those who engaged in a mock opposition. These amendments were also a tool to enable the authorities to exclude parties and national figures really fighting for democracy and freedoms. Therefore, in reality exercising any real opposition was prohibited and the only role available was that of a resistance. The strong convergence between political and social demands was represented in the most popular motto of the revolution, which was, "Work! Freedom! National dignity!". This is what caused the revolution to explode after two decades of absolutism, oppression and corruption. This explained the refusal by the Tunisian people, who were in revolt in all corners of the country, to accept the first and second governments of Mohamed Ghannouchi after Ben Ali fled on 14 January 2011. Particularly, as the course taken up to this point was along the lines of "reforming" the 1959 Constitution, removing any "flaws" from it and preparing for a presidential election within two months from the date a "vacancy" became available at the top of the power pyramid, as stipulated by the Constitution. As if a popular uprising had been caused merely by a bad president and a corrupt family surrounding him! The response to these political manoeuvrings, was a popular uprising that culminated in the sit-in protests in Al-Kasbah, both 14 and 25. These demanded the resignation of the second government of Mohamed Ghannouchi and the repeal of the 1959 Constitution. They also demanded a National Constituent Assembly to draft the second Constitution of the Republic of Tunisia. The response was clear: this was not just an insurrection! It's a revolution! There was complete harmony in this respect among the protesters in the Al-Kasbah Square, in front of the office of the First Minister, Mohamed Ghannouchi and the "National Assembly for the Protection of the Revolution". This government was dispatched on 11 February 2011, under the instigation of the Tunisian General Labour Union, the National Order of Lawyers and a number of civil society organisations and democratic parties that had stood against the regime of Ben Ali. The position of the "National Assembly for the Protection of the Revolution" was clear from its actions and statements. It called strongly for 'real change to the system of government, which brings an end to tyranny and corruption, and safeguards a transition to democracy, characterised by free and fair elections; a basis for political legitimacy and the election of a Constituent Assembly that will lay down a new Constitution for the Republic and that will manage the transitional process. Thus, laying the foundation of popular legitimacy...'6 The curtain fell on the government of Mohamed Ghannouchi with his resignation on 27 February 2011 and the appointment of Beji Caid Essebsi as head of the new interim Government. Therewith, began the stage of preparing elections for the National Constituent Assembly under Decree 14 of the Year 2011, dated 23 March 2011, issued by the interim President Fouad Mebazaa. 2 The wording of the amendment to Section 39 of the Constitution, inserted on 25 July 1988/ Constitutional Law Number 88 of 1988 which states 'It is permissible for the President of the Republic to renew his candidacy for two consecutive terms'. It became: 'It is permissible for the President of the Republic to renew his candidacy' in the amendment made in June 2002/Constitutional Law Number 51 of 2002. 3 A second paragraph was added to Section 41, with regards to the amendments made in June 2002, which stated, 'he shall also benefit from judicial immunity once the performance of his role ends, in relation to any action undertaken in the course of exercising his duties.' 4 The sit-in protests at Al-Kasbah 1 (from 23 to 28 January 2011) led to the resignation of the minsters affiliated with the Rally Party and their replacement with technocratic ministers. It also led to the dissolution of both the Assembly of Representatives and the Chamber of Advisors. 5 The sit-in protests at Al-Kasbah (from 25 February to the 3 March 2011) led to the resignation of the Government of Mohamed Ghannouchi and its replacement with the Government of Beji Caid Essebsi. 6 Excerpts from the statement issued by the "National Assembly for the Protection of the Revolution" on Monday 28 February 2011. This Decree related to the Provisional Organisation of Public Authorities and the dissolution of the Assembly of Representatives, the Chamber of Advisors, the Economic and Social Council and the Constitutional Council 'as the people have expressed during the revolution of 14 January 2011 that they wish to exercise full sovereignty regarding the framework of the new Constitution', as stated in the preamble to the Decree. The vision held by the members of the "High Authority for the Realisation of the Objectives of the Revolution, Political Reform and Democratic Transition" for the National Constituent Assembly The establishment of this Authority7 was an extension of the "National Assembly for the Protection of the Revolution", as well as a topic of discussion and argument between the members of the Assembly on one side and the interim Government on the other. Just as I experienced during the course of events in the National Assembly for the Protection of the Revolution and participated in them, I also experienced the discussions and arguments. A result of which was the agreement to widen representation in the Authority to different regions in the Republic, to the young and to women, alongside national political figures, the representatives of the political parties, organisations, associations and the civilian population. It was also agreed that 'the Authority undertakes to carefully study constitutional texts related to the political system and suggest reforms that will guarantee the realisation of the aims of the revolution with regards to democracy.
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