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 think for one moment that his desperate protest would ignite a popular uprising, which would spread throughout 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 , 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 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 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 .

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 . 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. It shall also express its opinions on Government activity in coordination with the First Minister.'8

One of the most important duties of the Authority is the in-depth discussion regarding the election of the National Constituent Assembly, which shall be the subject matter of Decree Number 359. The most important principles of this major law, which is consistent with the principles and aims of the revolution, are:

- The stipulation in the Preamble of the law that it is 'a break from the previous regime, which was built on absolutism and the suppression of the will of the people, by remaining in power unlawfully and committing electoral fraud.' - The removal of the electoral process from the hands of the Ministry of Interior, as 'the Independent High Authority for Elections10 shall assume the preparation for, oversight and monitoring of the electoral process.' (Section 1) - To stipulate the requirement that Tunisian nationals abroad be represented (Section 3). - To stipulate that candidates are selected on a ratio of half men and half women (Section 16). - To stipulate that the list of candidates must include at least one young person, under thirty years of age (Section 33). - To stipulate the provision of additional seats to Governorates with low populations or with decreasing populations due to the marginalisation of those regions and the unemployment faced by their inhabitants forcing them to migrate or emigrate (Section 33). On this basis we shall provide for a policy of "positive discrimination" in realising social justice and a balance between the regions in the new constitution11. - To specify that the distribution of seats at the district level shall be on a proportional representation basis, with largest remainders (Section 32). This is to ensure that a majority does not result from one district and not others, and to ensure the widest representation possible within the National Constituent Assembly, as the Constitution shall be written for all Tunisians, male and female.

7 Decree Number 6 of 2011, dated 18 February 2011 and issued in the Official Gazette of the Republic of Tunisia, Issue 13, dated 1 March 2011.

8 Section Two of the Decree establishing the Authority. 9 Dated 10 May 2011 and pertaining to the election of the National Constituent Assembly. 10 This Authority was established under Decree Number 27 and dated 18 April 2011. Under the new Constitution it has become a permanent and independent constitutional body. 11 Section 12 of the new Constitution. We realised, as we were laying down these principles and rules, having been inspired by the aims of the revolution, that we the members of the High Authority for the Realisation of the Objectives of the Revolution, were closing the door on any ability to return to the state of affairs prior to the revolution. We were anchoring the principles for the future or our people and country, as well as the model for our society. It would be difficult, in fact impossible to relinquish or waive these principles.

Renowned Section 15 pertains to the exclusion of anyone from standing as a candidate for election to the National Constituent Assembly if they supported the Government during the term of the last President and were members of the Democratic Constitutional Rally. It also included those who were in ‘positions of responsibility within the structure' of the party and had appealed to the former President to run for another term in 201412. The majority of the members of the Authority who voted in favour of this exclusion were not motivated by revenge. However, the prevailing attitude was that anyone that contributed to the abuse of the principles of the June 1959 Constitution, or was silent on the abuses of freedoms and the sovereignty of the people, cannot contribute to the framing of a new Constitution for the Second Republic of Tunisia. Particularly, as the revolution rose up against the despotic regime that such an individual had been part of.

 Preparation for the start of the work of the National Constituent Assembly

In the latter stages of the work of the High Authority for the Realisation of the Objectives of the Revolution, Political Reform and Democratic Transition, 'the majority of its members; including national figures; the representatives of the political parties, national organisations and the civilian population; as well as the regional representatives, agreed upon the "Republican Covenant". In my view this document is of great importance, as it stipulates the principles, values and choices that will form the basis of the new Constitution by 'establishing the elements of democracy, human rights and the pillars of a modern society'. The covenant relates to the identity of the Tunisian people, with its richness, the depth of its roots and openness, as well as addressing its democratic principles, citizenship, social justice, the components of the civil state and the direction to be taken by Tunisia on both the Arab and International level.

Upon the initiative of Professor , the President of the High Authority for the Realisation of the Objectives of the Revolution, the representatives of twelve political parties were involved in an open discussion (between 05 August and 12 September 2012), outside of the framework of the meetings held by the Authority, to consider means for ensuring the success of the electoral process and forthcoming transitional phase'. This discussion led to the consensus of eleven of the representatives on a document they entitled the "Declaration of the Transitional Process", which they signed13 during a ceremony at the convention centre in the capital on Thursday 15 September 2011. This Declaration laid down a 'general vision of how to transition powers directly after the elections of the Constituent Assembly'. It also detailed the characteristics of this transition. This vision, with its various characteristics, was indeed respected in the aftermath of the elections to the Constituent Assembly. It began with the interim government and President continuing in their duties until a new President was elected and able to form a new Government, following the organisation of the opening session of the National Constituent Assembly. Additionally, the signatories of the "Declaration of the Transitional Process" worked to confirm their adherance to the

12 The Authority was regulated following the scrutiny which took place with regards to those concerned with this procedure. It also placed the responsibility at the centre of the Democratic Constitutional Rally, which was placed on the first rank of members and the main institutions of the party. 13 1- for the Ettakatol Party, 2- Ahmed Ibrahim for the Renewal Movement (Ettajdid ), 3- Ahmed Al-Khaskhousi for the Movement of Socialist Democrats, 4- for the Democratic Patriot's Movement, 5 - Mohamed El-Goumani for the Reform and Development Party, 6- Abdul-Qadir Al-Zitouni for the Tunisian Green Party, 7- Maya Jribi for the Progressive Democratic Party, 8- Rashid Al- Ghannouchi for Al-Nahda, 9- Mohamed Jamoor for the National Democratic Work Party, 10- Khier Al-Din Al-Sawabani for the Democratic Arab Vanguard, and 11- Mohamed Al-Kaylani for the Socialist Left Party. The Congress for the Republic absented itself in protest at the term of the National Constituent Assembly not being limited to a year. code of conduct of political parties and candidates issued by the Independent High Authority for Elections throughout the entirety of the transitional phase. These parties agreed that the work of the National Constituent Assembly should not exceed a year at the most, in order for the country and its institutions to begin addressing the key social and economic issues. Perhaps, the parties that agreed to the Declaration were encouraged with regards to the period of limitation placed on the Assembly, which included the Ettakatol and Al-Nahda parties, by the stipulation we made in the fourth point of the Declaration of the Transitional Process, namely that there would be 'continued consultation and consensus between all parties to ensure the effective management of the new transitional phase'. We in the leadership of the Ettakatol Party really believed that our call for the formation of a "national reconciliation Government" would be heeded, as we expressed this view with insistence to all parties throughout the election campaign and after the results were announced. We considered that the founding stage of the new Republic could not sustain a division of the political arena, particularly not the division of the National Constituent Assembly into majority and opposition. Our endeavours with old partners (the Progressive Democratic Party, the Ettajdid Movement and the Tunisian Workers' Communist Party) were not successful in convincing them of the need to form a "wide national reconciliation" Government.

Therefore, the situation led to the formation of three committees, which included representatives from the Al-Nahda, the Congress and Ettakatol parties. The first committee was charged with considering the "Provisional Organisation of Public Authorities" and the "Rules of Procedure for the National Constituent Assembly", the second with the "economic and social programme" and the third with the "formation of the Government". This was the launch of a tripartite coalition between these parties.

 Commencement of the work of the National Constituent Assembly and the election of its President

The National Constituent Assembly witnessed a fast pace of work and marathon endeavours during its first three months.

22 November 2012: Opening session attended by the interim President Fouad Mebazaa and the First Interim Minister, Beji Caid Essebsi, led by the oldest Representative Al-Tahir Hamila and assisted by the youngest member14. A moving ceremony that witnessed the signing of the national anthem by all attendees and a reading of Surah Al-Fatiha (from the Quran) in memory of souls of the martyrs of the Revolution of freedom and dignity. A reading of the list of members of the National Constituent Assembly according to the final election results; there are 217 Representatives in total, amongst them are 18 Representatives of Tunisians living abroad (8.3% of the total), and 59 female Representatives (27.19 % of the total). The leader of the session, his assistant and all other members then swore the oath as a group. This was followed by a reading of all the names of those who were killed throughout the Republic during the revolution, to honour their pure blood, which watered the earth of Tunisia for the success of the revolution. The deep significance of this historical moment was felt by all the People's Representatives and in this vein the leader of the session, Al-Tahir Hamila, stated while referring to the important role of the President of the Assembly to be elected, 'I say to the President of this Assembly, to whom I shall hand the Presidency shortly, you are the trustee of the freedom of the people, its dignity and the aims of the revolution. You are of the revered sanctuary of freedom '15.

Upon the progression to the election of the President of the Assembly, the Representative Mustapha Ben Jafar, Secretary-General of the Ettakatol Party, stood as a candidate. He was joined by the Representative Maya El-Jribi, the Secretary-General of the Progressive Democratic Party, as well as the late Mohamed El-Brahmi, the Secretary-General of the People's Movement. El-Brahmi

14 The Official Gazette of the Republic of Tunisia, the Deliberations of the National Constituent Assembly, Issue 1, Opening Session, Tuesday and Wednesday 22 and 23 November 2011.

15 p.11 of the deliberations of the opening session. withdrew his candidacy in favour of the opposition16 after making a brief statement. 215 of the Representatives voted and 213 were valid votes. Of these Mustapha Ben Jafar secured 145 and Maya Jribi 68 votes. In support of the principle of equality, the role of First Deputy went to the Representative Mehrezia Labidi17, from among three other female candidates, with 142 of the votes (from 214 valid ballot papers). The position of Second Deputy went to the Representative El-Arabi Obaid18, from among four candidates, with 146 of the votes.

At the resumption of the session on the same day, Mustapha Ben Jafar spoke for the first time in his capacity as the President of the Assembly. He spoke of the duty of the Assembly and said19: 'I am convinced that it is a great duty and responsibility, but with the cooperation and the feelings of responsibility that we all share, I think that we will perform this duty to the best of our ability. With the help of Allah, we will guide this ship to the shore safely...the people were victorious because they sought to climb the mountain and not live in a pit'20and 'let us not forget that there is no sovereignty, but the sovereignty of the people, which has gathered us today in the aftermath of free and democratic elections. It has placed on our shoulder a trust and given us the responsibility of protecting the country and working for its higher good...our main duty, as you know, is the drafting of a new Constitution for a new Tunisia, which will enable us to found a second, pluralist and democratic Republic. It shall protect the dignity of its citizens and their full rights; and shall break with the regime of corruption and tyranny by enacting mechanisms that ensure the effective application of these principles, so that they do not merely remain mottoes recorded in a forgotten document...'

In reference to the political and moral obligation undertaken by eleven political parties in the "Declaration of the Transitional Process" on 15 September 2011, Mustapha Ben Jafar clarified the conditions placed upon all Representatives in fulfilling this obligation, by stating:' We are all aware of the entitlement of, the ambitions and expectations of those who have elected us with regards to this duty, which we will endeavour to take no more than a year in completing. Allah permitting, we shall succeed if we unite our efforts and avoid conflict and polarisation, for we are the Representatives of the People, no matter what are political affiliations. We are all Tunisians and the good of the country comes before all other considerations...'

In his closing statements, Ben Jafar invited Maya Jribi to make a statement, pointing out that Tunisia had indeed entered a new era, saying: 'In my concluding remarks, I wish to thank my colleague Maya Jribi, as with her nomination she has given a clear signal that there has been a break with individual nominations. I give her the opportunity to make a statement if she wishes.'

The speech made by Maya Jribi from the podium was a powerful moment during that opening session, as she stated: 'You have honoured me by giving me the opportunity to speak immediately after you have assumed this important duty, which I am sure you will bear in full, with the mutual support of us all. From the moment we crossed the threshold of this Assembly today, we no longer represent ourselves or our parties, but all Tunisians...' With regards to the aim of her candidacy for Presidency of the Assembly, she said, 'in it is also a responsibility as an effective and positive opposition, that undertakes its duty completely alongside all other parties...I am certain that today we have turned over a new leaf in the history of Tunisia. Hopefully, we will live up to the expectations of all Tunisians and promise each other that we serve none other than Tunisia.'21

16 p.19 of the deliberations of the opening session. 17 From the Al-Nahda Movement 18 From the Congress for the Republic Party prior to resigning from it to join Ettakatol. 19 p.21 ...22 of the deliberations of the opening session. 20 These metaphors are references to the poem "The Will to Live" by the famous Tunisian poet Aboul-Qacem Echebbi (1909-1934).

21 The Official Gazette of the Republic of Tunisia, the Deliberations of the National Constituent Assembly, the Second Session (6 December 2011).  Election of the President of the Republic after agreeing on the draft bill for the organisation of public authorities

The suffering endured by the Tunisian people under a presidential system that placed all executive powers in the hands of the President of the Republic, from independence until the revolution, resulted in the majority of Representatives within the National Constituent Assembly seeking to reduce the remit of the Presidential powers. This was evident during the discussions of the constituent committee concerned with preparing the draft bill on the Provisional Organisation of Public Authorities, which I was a member of. However, the result was closer to stipulating the features of a parliamentary system rather than an amended Presidential system, which a number of Representatives had pushed for22. This process meant that wide ranging powers were placed in the hands of the Prime Minister at the expense of the powers of the President of the Republic.

The question of setting an upper time limit for the work of the National Constituent Assembly was raised again and extensively while discussing the "Preamble" and the first section of the draft bill on the Provisional Organisation of Public Authorities23. A suggestion was put to the vote, which stipulated that the upper limit of the period of the Constituent Assembly's work would be a year, "with the possibility" of extending the period if necessary by way of an ordinary law24. However, the majority of Representatives, who were certain that the Assembly would complete its work in a relatively short period, preferred not to take the risk and limit the time period for the 'framing of a new Constitution and to bring into effect and establish all the resultant institutions ready to perform their duties.'25

At around midnight on Saturday 10 December 2011, the Law on the Provisional Organisation of Public Authorities was ratified. As a result, the President of the Assembly announced that the session to elect the President of the Republic would be held on Monday 12 December at four o'clock.

At the time I was also following the ongoing discussions between the parties of the tripartite coalition on the subject of the Presidency of the Republic. Mohamed , the Secretary-General of the Congress for the Republic, was insistent that he should take up the post and put forward every possible argument to convince the leadership of Al-Nahda of this. Consequently, Mustapha Ben Jafar accepted the role of President of the National Constituent Assembly. Future developments and challenging circumstances, which the country shall surely experience, will prove that he was the appropriate person for the role, with his calm, patience and statesmanship. He is the right person to direct the work of the Assembly and guide it to safety in a storm.

The opposition did not put forward a candidate for the Presidency of the Republic and the Electoral Commission rejected nine candidates as lacking seriousness, particularly as the files of those concerned did not contain at least 15 nominations by the members of the National Constituent Assembly26.

Therefore, Mohamed Moncef Marzouki was the sole candidate standing for election to this position. The entire opposition did not vote for or against him. There were 44 blank ballot papers, 3 voting no, 2 retained and 153 yes votes out of a total of 202 votes cast.

22 p.22 of the deliberations of the opening session. This Committee was led by the Representative Habib Khedher from the Al-Nahda Movement. 23 The Official Gazette of the Republic of Tunisia, the Deliberations of the National Constituent Assembly, the Third Session, Wednesday 7 December 2011, p.74-88 (rejected by 153 votes to 39, with 7 retained votes). 24 The Deliberations of the National Constituent Assembly, the Sixth Session, Saturday 10 December 2011, p.305-306 (rejected by 133 votes to 51 votes with).

25 Section One of the Provisional Organisation of Public Authorities. 26 The Official Gazette of the Republic of Tunisia, the Deliberations of the National Constituent Assembly, the Seventh Session, Monday and Tuesday 12 and 13 December 2011, p.310. After his election to the Presidency of the Republic and during that same evening on Monday the 12th December 2011, Marzouki addressed the National Constituent Assembly. In this speech he focused on the meaning of integrity, stating: '... You have made me the guardian of the most important matter with which a human being can be entrusted, which is that I will be the representative of the people, of the state and of the revolution...' 'To those who have not expressed an opinion ...I say:

there must by a majority and a minority in any democracy, in a Government and opposition... your message has been received... a message which can be interpreted as follows: "We will wait until you prove to us that perhaps we were mistaken, but we will watch you carefully until it becomes clear that we can trust you. In any circumstance, you are being watched..."27

During the official ceremony the next day, Tuesday 13 December 2011, Marzouki made a speech, after swearing the oath, which focused on the different factors that led to a people's revolution in Tunisia, before concluding: 'If we evoke this general image, then the test set by history for each one of us inside and outside of the Assembly, is how do we prevent the mistakes of the past tyranny and protect future generations from a new dictatorship whether justified by a national or religious links?...Our mission is to lay deep and solid foundations that will make it easier for those who follow us to this place to continue to build a democratic people's republic and a pluralistic and forgiving society, where from the concepts of freedom, justice and equality finally gain all their meaning...'28

 Discussing the draft Rules of Procedure for the National Constituent Assembly and their ratification

After granting a vote of confidence to the government of on Friday 23 December 2011, and ratifying the Finance Law for the Year 2012 on 31 December 2011, the Representatives of the people approved the draft Rules of Procedure for the Assembly on Friday 20 January 2012. These rules will guide the life of the Assembly and organise the work of its various bodies. The work of the Committee for the Rules of Procedure began on 23 November 2011, from a draft bill that contained 364 sections and a number of attached documents relating to a comparative law that was to act as inspiration. The Committee concluded its discussions on 14 December 2011. The result was a draft containing 161 sections, which it approved unanimously. The Assembly then began discussion of the draft on Tuesday 27 December 2011.

It was a draft of great importance, particularly in view of the real pluralistic composition of the National Constituent Assembly, which put an end to the nominal pluralism of the Assembly of Representatives during the authoritarian era. The members of the Committee were careful to ensure that the draft would work cohesively with the Law on the Provisional Organisation of Public Authorities. The Rules were divided into eleven chapters, which included sections on parliamentary blocs, the numerous bodies of the Assembly, the consideration of the draft constitution, draft laws, oversight of government works, membership and immunity matters, the representation of the Assembly in national institutions and councils, as well as in international relations, the administrative and financial independence of the Assembly and the procedures for amending the Rules of Procedure when necessary.

Discussions pertaining to the various chapters and sections of the draft Rules were prolonged, repetitious and witnessed much conflict. Particularly as the Committee concerned29 launched a two phased study of the draft: the first to discuss the draft chapter by chapter30, and the

27 Ibid, p.313.

28 Ibid, p.315. 29 Which was led by the Representative Ameur Larayedh from the Al-Nahda Movement. 30 From the end of p.393 onwards, deliberations of the Ninth Session, Tuesday 27 December 2011. second to vote on the draft section by section. This did not prevent the substance of the draft being revisited when the Committee presented a table of issues in contention31.

However, these long discussions led, either by consensus or by a large majority, to a number of central pillars in the Rules of Procedure being laid down, which are:

- The purview of the Constituent Committees and the organisation of their work: The Committee for the Preamble, the General Principles and Amendments of the Constitution, the Committee for Rights and Freedoms, the Committee for the Legislative and Executive Branches and the Relationship between them, the Committee on Judicial, Administrative, Financial and Constitutional Justice, the Committee on Constitutional Bodies and the Committee on Regional and Local Public Associations. We shall see the positive effect of these Rules on the chapters of the new Constitution and the organisation of its articles.

- The formation of the Constituent and Legislative Committees, as well as the specialized committees32 from the blocs within the Assembly on a proportional representation basis. The remaining seats are to be distributed in accordance with the principle of largest remaining groups. Therefore, each committee included 22 members.

- The right of every member of the Assembly to belong to any bloc they choose (Section 17), and the right of every dwindling bloc, if the number of its members drops to less than 1033, to reform. This would not cause any alteration to the composition of the committees (Section 21).

- The ability to form specialized committees to investigate important matters, by way of a written proposal submitted by a third of the members of the Assembly.

- The right of the committees to look in greater detail at any matter referred to them. They are authorised to gain the opinion of anyone that would assist them, either by requesting written reports or by requesting them to attend a hearing at the Assembly.

- Allocating one week of every month for the Representatives to communicate with citizens.

- To open and publish general sessions by all means and to open committee sessions to the media. There shall be no secrecy in relation to sessions, except in exceptional circumstances. On this basis the communication of the Assembly with the different elements of the civilian population was good. Particularly as the Rules of Procedure stipulated in relation to the Assembly office that an 'assistant to the President shall be appointed and charged with managing public relations, with regards to the local civilian population and Tunisians abroad.'

- The formation of a Joint Commission for Coordination and Drafting, which shall work in conjunction with the Constituent Committees, and undertake the immediate coordination and communication between the workings of each of the Committees. It shall also assist with the preparation of the General Report on the Draft Constitution prior to it being presented to the general session34. The Joint Commission for Coordination and Drafting shall be headed by

31 Deliberations of Session Fifteen, Friday 6 January 2012, p.702 onwards. 32 They are three committees: The Special Committee for the Rules of Procedure and Immunity, the Committee for those Killed and Injured in the Revolution and Legislative Amnesty, the Committee for Administrative Reform and Anti-Corruption. 33 The suggestion for forming the bloc from 7 members received 77 votes, and the suggestion for forming it from 10 members received 100 votes to 177 (Session 15 of the deliberations of the Assembly, Friday 6 January 2012, p.711).

34 Sections 103 and 104 of the Rules of Procedure pertaining to the Assembly from the text ratified on 20/01/2012. the President of the National Constituent Assembly, and the General Rapporteur of the Constitution shall be his deputy35.

 A long and arduous path

On 14 February 2012 the Committees shall begin their work... The National Constituent Assembly, as well as the whole of Tunisia, shall witness huge whirlwinds, particularly during 2013. However, the Assembly shall stand strong in the face of these whirlwinds, as shall the whole of Tunisia. The night separating 26 and 27 January 2014, shall be the night the Constitution of the second republic is ratified. The night that has united all Tunisians... despite everything! Between the enthusiasm of founding and launching the work of the National Constituent Assembly, that defining moment in the history of our country; between the voices that were raised at Al-Kasbah 1 and 2, from the throats of a Tunisia's young revolutionaries, calling for a new constitution; and the smear campaigns the Constituent Assembly was subjected to, was a long and arduous road, filled with thorns... but history will surely be just to the founders of the Second Republic...

35 The discussion of the leadership of this Authority witnessed heated debates between some members from the Al-Nahda Movement on one side, and members from Ettakatol, the Congress Party and the opposition on the other. Al-Nahda wanted the power to support the head of the Authority to go to the General Rapporteur of the Constitution, but then conceded this point (deliberations of the National Constituent Assembly: Session 13 (Tuesday 3 January 2012), p.617 onwards, Session 16 (Saturday 7 January 2012) p.736-741, Session 17 (Wednesday 18 January 2012), p.751-752).