Tunisia is an African country located on the shores of the Mediterranean Sea, sharing a border with Algeria, and Libya. The population of this country is approx 1,19,72,000 with 1,63,610 square kilometers area. Ethnically 98% Arab, official language is Arabic, religiously 99% are Sunni Muslim. We all know about the Arab Spring. It started from Tunisia. Then the Arab Spring spread throughout the Middle East.
All those holding important constitutional positions must declare their assets. Conservation and rational use of water are the duties of the state and society. Parliament enjoys financial and administrative independence.
The central government will provide additional resources for local authorities. A portion of the revenue from natural resources can be allocated for regional development. Local authorities will have to face post-audit for their activities.
These are positive aspects. Now let's discuss the negative aspects.
Islam has been given priority everywhere in the constitution, while additional importance has been given to Arab and North Africa.
Admirable Articles of Tunisia's Constitution
Article 11
All those who assume the roles of President of the Republic, Head of Government, member of the Council of Ministers, or member of the Assembly of the Representatives of the People, or member of any of the independent constitutional bodies or any senior public position, must declare their assets according to the provisions of the law.
Article 12
The state shall seek to achieve social justice, sustainable development and balance between regions based on development indicators and the principle of positive discrimination.
The state shall seek to exploit natural resources in the most efficient way.
Article 21
All citizens, male and female, have equal rights and duties, and are equal before the law without any discrimination.
The state guarantees freedoms and individual and collective rights to all citizens, and provides all citizens the conditions for a dignified life.
Article 29
No person may be arrested or detained unless apprehended during the commission of a crime or on the basis of a judicial order.
The detained person must be immediately informed of their rights and the charges under which they are being held. The detainee has the right to be represented by a lawyer. The periods of arrest and detention are to be defined by law.
Article 30
Every prisoner shall have the right to humane treatment that preserves their dignity.
In carrying out a punishment involving the deprivation of liberty, the state shall take into account the interests of the family and shall seek the rehabilitation and re-integration of the prisoner into society.
Article 31
Freedom of opinion, thought, expression, information and publication shall be guaranteed.
These freedoms shall not be subject to prior censorship.
Article 32
The state guarantees the right to information and the right of access to information and communication networks.
Article 33
Academic freedoms and freedom of scientific research shall be guaranteed.
The state shall provide the necessary resources for the development of scientific and technological research.
Article 35
The freedom to establish political parties, unions, and associations is guaranteed.
In their internal charters and activities, political parties, unions and associations must respect the provisions of the Constitution, the law, financial transparency and the rejection of violence.
Article 37
The right to assembly and peaceful demonstration is guaranteed.
Article 40
Work is a right for every citizen, male and female. The state shall take the necessary measures to guarantee work on the basis of competence and fairness.
All citizens, male and female, shall have the right to decent working conditions and to a fair wage.
Article 42
The right to culture is guaranteed.
The freedom of creative expression is guaranteed. The state encourages cultural creativity and supports the strengthening of national culture, its diversity and renewal, in promoting the values of tolerance, rejection of violence, openness to different cultures and dialogue between civilizations.
The state shall protect cultural heritage and guarantees it for future generations.
Article 44
The right to water shall be guaranteed.
The conservation and rational use of water is a duty of the state and of society.
Article 45
The state guarantees the right to a healthy and balanced environment and the right to participate in the protection of the climate.
The state shall provide the necessary means to eradicate pollution of the environment.
Article 48
The state shall protect persons with disabilities from all forms of discrimination.
Every disabled citizen shall have the right to benefit, according to the nature of the disability, from all measures that will ensure their full integration into society, and the state shall take all necessary measures to achieve this.
Article 52
The Assembly of the Representatives of the People enjoys financial and administrative independence within the framework of the state budget.
The Assembly of the Representatives of the People shall determine its rules of procedure and ratify them by an absolute majority of the members of the Assembly.
The state shall put at the disposition of the Assembly of the Representatives of the People the necessary human and material resources to allow for members of the Assembly to fulfill their obligations.
Article 134
Local authorities possess their own powers, powers shared with the central authority, and powers delegated to them from the central government.
The joint and delegated powers shall be distributed in accordance with the principle of subsidiarity.
Local authorities shall enjoy regulatory powers in exercising their mandates. Regulatory decisions of the local authorities shall be published in an official gazette of local authorities.
Article 135
Local authorities shall have their own resources, and resources provided to them by the central government, these resources being proportional to the responsibilities that are assigned to them by law.
All creation or transfer of powers by the central government to the local authorities shall be accompanied by corresponding resources.
The financial system of local authorities shall be established by law.
Article 136
The central government shall provide additional resources for local authorities in order to apply the principle of solidarity, in a balanced and organized manner.
The central government works towards achieving balance between local revenues and expenditures.
A portion of revenues coming from the exploitation of natural resources may be allocated to the promotion of regional development throughout the national territory.
Article 138
Local authorities are subject to post-audit to determine the legality of their actions.
Facts of Tunisia's Constitution
Preamble (Part of it)
In the Name of Allah, the Merciful, the Compassionate
We, the representatives of the Tunisian people, members of the National Constituent Assembly,
Expressing our people’s commitment to the teachings of Islam and its aims characterized by openness and moderation, and to the human values and the highest principles of universal human rights, and inspired by the heritage of our civilization, accumulated over the travails of our history, from our enlightened reformist movements that are based on the foundations of our Islamic-Arab identity and on the gains of human civilization, and adhering to the national gains achieved by our people,
Based on the elevated status of humankind and desirous of consolidating our cultural and civilizational affiliation to the Arab and Muslim nation, building on our national unity that is based on citizenship, fraternity, solidarity, and social justice, committed to strengthening Maghreb unity as a step towards achieving Arab unity, towards complementarity with the Muslim and African peoples, and towards cooperation with all the peoples of the world, desirous of supporting all victims of injustice, wherever they are, defending the peoples’ right to determine their own destiny, to supporting all just liberation movements, at the forefront of which is the movement for the liberation of Palestine, and opposing all forms of colonization and of racism,
We, in the name of the Tunisian people, with the help of Allah, draft this Constitution.
Article 5
The Republic of Tunisia is part of the Arab Maghreb and works towards achieving its unity and takes all measures to ensure its realization.
Article 6
The state is the guardian of religion. It guarantees freedom of conscience and belief, the free exercise of religious practices and the neutrality of mosques and places of worship from all partisan instrumentalisation.
The state undertakes to disseminate the values of moderation and tolerance and the protection of the sacred, and the prohibition of all violations thereof. It undertakes equally to prohibit and fight against calls for Takfir and the incitement of violence and hatred.
Article 38
Health is a right for every human being.
The state shall guarantee preventative health care and treatment for every citizen and provide the means necessary to ensure the safety and quality of health services.
The state shall ensure free health care for those without means and those with limited income. It shall guarantee the right to social assistance in accordance with the law.
Article 39
Education shall be mandatory up to the age of sixteen years.
The state guarantees the right to free public education at all levels and ensures provisions of the necessary resources to achieve a high quality of education, teaching, and training. It shall also work to consolidate the Arab-Muslim identity and national belonging in the young generations, and to strengthen, promote and generalize the use of the Arabic language and to openness to foreign languages, human civilizations and diffusion of the culture of human rights.
Article 74
Every male and female voter who holds Tunisian nationality since birth, whose religion is Islam shall have the right to stand for election to the position of President of the Republic.
On the day of filing the application for candidacy, the candidate must be at least 35 years old.
If the candidate has a nationality other than the Tunisian nationality, he or she must submit an application committing to abandon the other nationality if elected president.
The candidate must have the support of a number of members of the Assembly of the Representatives of the People or heads of elected local authority councils, or of registered voters, as specified by the election law.
