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64-539: Association Shams was legally registered under Tunisian law on May 18, 2015. The focus of the organisation is the decriminalisation of homosexuality . On their website, they published a set of other goals such as: The organisation is known for campaigns attracting media attention for LGBT issues in Tunisia. In 2017, Radio Shams was created to help give LGBT voices in North Africa more representation. The founder

128-460: A constitutional monarchy with a sharing of power between an executive branch consisting of the Bey and a prime minister, with important legislative prerogatives to a Grand Council, creating a type of oligarchy . It established an independent judiciary; however, the guardian of the constitution was the legislature which had sovereign authority to review unconstitutional acts by the executive. In addition,

192-588: A common declaration asking for the boycott of Shams. According to them, Mounir Baatour, the head of the organisation, had publicly exposed the sexual orientation of LGBT people, faced accusations of sexual harassment and was supportive of the Israeli Occupation of Palestine . In 2019, Mawjoudin asked Baatour to resign from his presidential candidacy, repeating claims of sexual harassment against him. Baatour allegedly promised homeless gay minors shelter and then sexually harassed them. Baatour himself denies

256-502: A constitutive law Law on the provisional organization of public authorities  [ fr ] , which superseded the Legislative Decree of 23 March 2011 and the 1959 constitution. This law provided for three branches of government and guaranteed human rights during the time it takes for the new constitution to be written and ratified. Many Tunisian intellectuals and political commentators felt compelled to comment on

320-553: A controversy took place in several local media outlets and following that a case was filed against the organisation by Kamel Hedhili, the head of state litigation. The government stated that Shams is violating the association law of the country and that it deviated from its main course. The activities of the NGO were suspended for a whole month starting from January 4, 2016, by a decree of the Tunisian Court of First Instance. One of

384-451: A court system influenced by French civil law. Between 1956 and 2011, Tunisia operated as a de facto one-party state , with politics dominated by the secular Constitutional Democratic Rally (RCD) under former presidents Habib Bourguiba and then Zine el Abidine Ben Ali . However, in 2011 a national uprising led to the ousting of Ben Ali and the dismantling of the RCD, paving the way for

448-620: A head in 1864 when traditionalist Ali Ben Ghedhahem led a revolt against the Bey. The constitution was suspended as an emergency measure and the revolt was eventually suppressed. Ali Ben Ghedhahem was killed in 1867. It used portions of the Edict of Gülhane from the Ottoman Empire. After Tunisia gained its independence from France in 1956, a new constitution was drafted. It was adopted on 1 June 1959. The 1959 constitution declares Tunisia to be an independent state, governed by

512-455: A lack of political freedoms like freedom of speech and poor living conditions , were sparked by the self-immolation of Mohamed Bouazizi on 17 December 2010. A Constituent Assembly was elected on 23 October 2011, and a new constitution was adopted on 26 January 2014. It was passed on 10 February 2014. Under the Ben Ali regime, freedom of the press was officially guaranteed, but

576-813: A multi-party democracy. October 2014 saw the first democratic parliamentary elections since the 2011 revolution, resulting in a win by the secularist Nidaa Tounes party with 85 seats in the 217-member assembly. Tunisia is a member of the Arab League , the African Union and the Organization of Islamic Cooperation . It maintains close relations with the United States , France and the European Union, with which it entered an Association Agreement in 1995. Tunisia's favorable relations with

640-557: A plurality with 38% of the vote. In the parliamentary election , the Ennahda became the biggest party with 52 seats, while the Heart of Tunisia became the second with 38 seats. In the presidential election , independent candidate Kais Saied got a landslide victory with 72.5% of the vote in the second round. In July 2022, Tunisians approved a new constitution in a referendum. The reform gave more powers to Tunisia's president, meaning

704-489: A presidential regime and a bicameral parliament . Bills tabled by the President are given priority consideration. The president appoints the government without needing a vote of confidence from parliament. For a motion of censure to be adopted, it must be voted on by two-thirds of the members of the two chambers of Parliament sitting in joint session. Binationals can no longer be presidential candidates. The President of

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768-793: A single term of nine years. Two thirds are specialized in law. The president of the republic, the president of the Assembly of the Representatives of the People and the Supreme Judicial Council each propose four candidates; the Assembly of the Representatives of the People approves nominations with a three-fifths majority. The Constitutional Court appoints its own president and vice president, both specialized in law. Since 1987 Tunisia has reformed its political system several times, abolishing life-term presidencies and opening up

832-407: A three branch presidential parliamentary system. It bestows certain rights on the people, including the right of ownership and right to confidentiality in personal correspondence (excluding cases of suspected criminal activity). In addition, the constitution bestows various freedoms upon the people; some of these include freedom of opinion, expression, press, and organization. It establishes Islam as

896-408: A two-thirds majority to pass. The Constituent Assembly adopted the document by a 200–12 vote with 4 abstentions. President Marzouki remarked: "With the birth of this text, we confirm our victory over dictatorship", and signed it into law the following day. During the drafting process, the main points of contention were the role of religion in the government, the requirements to run for president, and

960-495: Is abolished and replaced by three councils for each of the three judicial orders. Politics of Tunisia [REDACTED] Member State of the African Union The politics of Tunisia takes place within the framework of a unitary semi-presidential representative democratic republic , with a president serving as head of state , prime minister as head of government , a unicameral legislature and

1024-649: Is the supreme law of the Tunisian Republic . The constitution is the framework for the organization of the Tunisian government and for the relationship of the federal government with the governorates, citizens, and all people within Tunisia. Tunisia's first modern constitution was the Fundamental Pact of 1857. This was followed by the Constitution of 1861, which was not replaced until after

1088-535: The jizya ), granted religious freedom, granted equality before the law, granted foreigner the right to own land and participate in all types of businesses and set up separate commercial courts, among other things. Although adopted under foreign pressure, to open the country to international trade, these ideas of equality from the Age of Enlightenment found fertile ground in the Tunisian reform movement, contributed to

1152-472: The 2019 Tunisian presidential elections in October 2019. He had a reputation of not being corruptible. However, on 25 July 2021 he suspended Parliament, fired the prime minister and consolidated power in what opponents called a "coup." On 6 October 2024, President Kais Saied won a second term with more than 90% of the vote in Tunisian presidential election . Five political parties had urged people to boycott

1216-737: The Ottoman Empire introduced a number of reforms in government starting with the Hatt-ı Şerif of the Gülhane , but these were not applied in Tunisia due to the independence of the Husainid Dynasty and the conservatism of the ruling Bey, Ahmad I ibn Mustafa . It was the death of Ahmad I and the Batto Sfez Affair and its aftermath that allowed France and England to pressure the Bey into granting reforms. Samuel "Batto" Sfez

1280-605: The Supreme Court in joint session. The judiciary is independent, although the Supreme Judicial Council is chaired by the president of the republic. The Tunisian Order of Lawyers is a non-profit bar association . All Tunisian lawyers are members of the Order, which does not have any political affiliations. The Constitution of 2014 provides for a newly constituted Constitutional Court . It consists of 12 members, each of whom must have 20 years' experience in order to serve for

1344-505: The bureaucracy firmly in Mamluk hands. For this reason, and others such as the provision for general military conscription and retaining the provisions granting rights to foreign nationals, many did not approve of the Bey's actions. Universal application of the mejba (head tax), under the equal taxation clause, incurred the wrath of those who had formerly been exempt: the military, scholars/teachers and government officials. Matters came to

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1408-435: The 2010–2011 protests and the vacation of the presidency by President Ben Ali, elections for a Constituent Assembly were held on 23 October 2011. Results were announced on 25 October 2011 with the center-right and moderately Islamist Ennahda winning a plurality with 37% of the vote. Parliamentary elections were held in Tunisia on 26 October 2014. Results were announced on 27 October 2014 with secularist Nidaa Tounes winning

1472-495: The 2014 Constitution. It's acted by the Presidential Decree n° 2021-117 of 22 September 2021 . On 25 May 2022, he issued a decree for change of constitution by July 25. A constitutional referendum was scheduled for 25 July 2022. The opposition called for a boycott, and after the referendum results indicated that 90% of small 30% turnout supported Saied, he promised that Tunisia will enter the new phase after he got

1536-515: The Constitution of Tunisia, the Constitutional Council should meet and the leader of one of the houses of the Tunisian parliament should become an interim President. The Constitutional Council declared that "the post of president is definitely vacant" and declared that, under Article 57, Fouad Mebazaa should become the interim President, with the obligation to call for elections within 45 to 60 days. On 15 January 2011, Mebazaa

1600-531: The Constitutional Court is in charge of the presidential interim. MPs are barred from introducing bills making alterations to the budget and can be revoked. The President appoints the members of the Constitutional Court and Tunisia is described as a member of the " Islamic Ummah " and the "State alone must work for the realization of the purposes of Islam ". The Superior Council of the Judiciary

1664-456: The Fundamental Pact, a commission was set up to draft a real constitution; it was submitted on 17 September 1860 to Muhammad III as-Sadiq , the new Bey after Muhammad II. The constitution  [ fr ] came into effect on 26 April 1861. It was the first written constitution in Arab lands, as well as the first constitution established by a state with Islam as its religion. At the time in

1728-464: The United States and the European Union were earned following years of successful economic cooperation in the private sector and infrastructure modernization. The Economist Intelligence Unit rated Tunisia a " hybrid regime " in 2022. Tunisia's first democratically elected president, Beji Caid Essebsi , died in July 2019. After him, Kais Saied became Tunisia's president after a landslide victory in

1792-760: The West, it was known as the " Buyuruldu of the Bey of Tunis". One or more translation(s) of this was/were made in French and circulated in Europe; Johann Strauss, author of "A Constitution for a Multilingual Empire: Translations of the Kanun-ı Esasi and Other Official Texts into Minority Languages," wrote that it became "widely known" on the continent. The Ottoman Empire newspaper Ceride-i havadis printed an Ottoman Turkish version on 17 March 1861 (Turkish date: 6 Ramadan ( Ramazan ) 1861). The text of 114 articles established

1856-674: The allegations, citing that his alleged victims of abuse could sue him in case this was true. My.Kali magazine criticized that media reports about Baatour's presidency often failed to mention his 2013 imprisonment for sexual abuse, failed to give space to other LGBT groups in Tunisia in their reporting and that media reports mentioning his support for Israel contributed to stereotypes in the Arabic-speaking world that LGBT people were supporters of Zionism . Constitution of Tunisia The Constitution of Tunisia ( Arabic : دستور الجمهورية التونسية Dostūr ej-Jumhūrīye et-Tūnsīye )

1920-417: The campaign, speeches by candidates were aired on Tunisian radio and television stations. Participation was 89% of resident citizens and 90% of citizens living abroad. In the presidential vote, Ben Ali soundly defeated his challengers, Mohamed Bouchiha (PUP), Ahmed Inoubli (UDU) and Ahmed Ibrahim (Ettajdid Movement) for a fifth term in office. His 89% of the vote was slightly lower than in the 2004 election. In

1984-704: The central government. Mayors and municipal councils are directly elected. Tunisia's legislative branch consists of the Assembly of the Representatives of the People , with 217 seats. The first elections for the Assembly of the Representative of the People occurred on 26 October 2014. Before the 2011 revolution the parliament was bicameral . The lower house was the Chamber of Deputies of Tunisia ( Majlis al-Nuwaab ), which had 214 seats. Members were elected by popular vote to serve five-year terms. At least 25% of

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2048-538: The departure of French administrators in 1956, by the constitution of 1959. It was adopted on 1 June 1959 and amended in 1999 and 2002, after the Tunisian constitutional referendum of 2002 . Following the revolution and months of protests , a Constituent Assembly was elected to draft a new constitution, the Tunisian Constitution of 2014 which was adopted on 26 January 2014. In September 2021, President Kaïs Saïed announced an upcoming reform of

2112-474: The details of how the transition period after the document was passed would be handled. The new constitution makes Tunisia a decentralized and open government . It recognizes Islam as the official state religion, but protects freedom of belief. It provides for some restrictions on free speech , most notably in banning attacks on religion and accusations of being a non-believer. The constitution provides for gender equality in rights and responsibilities, protects

2176-406: The elections. Tunisia was a representative democracy with an executive president, a legislature and judiciary, starting with elections in 2014 until the president suspended parliament and began ruling by decree on 25 July 2021. Since then, all the trappings of an authoritarian state have returned. The military is neutral and does not play any role in national politics. In Tunisia, the president

2240-505: The founders and leading LGBT activists of the organisation, Ahmed Ben Amor, faced harassments and death threats upon openly sharing his views and campaigning for the NGO on Tunisian TV in 2016. Following the controversy, in 2017, supermarkets and public spaces banned the entrance of homosexuals to their premises. The sign "No Homosexuals allowed" showed up in different neighbourhoods around the capital city Tunis. In 2018, three other LGBT groups in Tunisia, Mawjoudin , Damj and Chouf , released

2304-421: The globe and among Tunisians both at home and in the diaspora, a summary of the process and outcomes can be found in the following article. In September 2021, President Kaïs Saïed announced an upcoming reform of the 2014 Constitution. It's acted by the Presidential Decree n° 2021-117 of 22 September 2021 . On 25 May 2022, he issued a decree for change of constitution by July 25. A constitutional referendum

2368-581: The ideas advocated by Mahmud Qabadu and Ahmad ibn Abi Diyaf and gained the support of Hayreddin Pasha and his followers, especially generals Rustum and Hussein, despite concerns about the broadening wedge of European commerce. These ideas later inspired the national movement in its claims against the French protectorate , especially within the Constitutional Party (Destour Party) . Following

2432-556: The matter for some time, while Shamama tried to muster support from the British and French legations. However, Nasim Shamama had previously upset the Bey, Muhammad II ibn al-Husayn , by forcing him to deal with a case of a Muslim who had murdered a Jew, where the unpopular conclusion was the execution of the Muslim. As a result, Muhammad II issued the execution order the same day that the court came down with its decision of guilty, and Sfez

2496-457: The nation's natural resources and demands the government take steps to fight corruption. Executive power is divided between the president and prime minister. A newly selected cabinet led by former minister Mehdi Jomaa will oversee the country until elections are held to select a president. The 2014 parliamentary election was held on 26 October 2014. While the 2014 Tunisian Constitution and its outcomes were met with various reactions across

2560-501: The official state religion, and Arabic as its official language. The constitution was amended on 12 July 1988, 29 June 1999, 1 June 2002 , 13 May 2003, and 28 July 2008. During the Tunisian revolution , President Zine El Abidine Ben Ali left Tunisia on 14 January 2011 and Prime Minister Mohamed Ghannouchi stated that he became the acting President under Article 56 of the Constitution. Al Jazeera claimed that lawyers disagreed with Ghannouchi's claim, since under Article 57 of

2624-618: The only country in the Arab world where polygamy is forbidden by law . This is part of a provision in the country's Code of Personal Status which was introduced by President Bourguiba in 1956. President Zine El Abidine Ben Ali was criticized for the low levels of democracy and freedom of expression in the country by Amnesty International and various other organizations. which documented restrictions of basic human rights and obstruction of human rights organizations. The Economist ' s 2008 Democracy Index ranked Tunisia 141 out of 167 countries studied and 143 out of 173 regarding freedom of

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2688-527: The parliament to opposition parties. The number of new political parties and associations has increased since the beginning of Ben Ali's presidency in 1987. Shortly before the revolution of 2011 there were eight recognized national parties, six of which held national legislative seats. President Ben Ali's party, known as the Constitutional Democratic Rally (RCD), commanded majorities in local, regional, and national elections. Although

2752-554: The parliamentary elections, the RCD received 84% of the vote for 161 constituency seats. The MDS won 16 seats under the proportional representation system, followed by the PUP with 12 seats. Fifty-nine women were elected to legislative seats. The election was criticized by opposition parties and some international observers for limitations placed on non-incumbents. In one instance, the Ettajdid party's weekly publication, Ettarik al-Jadid ,

2816-699: The party was renamed (in President Bourguiba's days it was the Socialist Destourian Party), its policies were still considered to be largely secular and conservative. However, the Tunisian Revolution in 2011 saw its removal from power. The Tunisian national elections of 2009, overseen by the Interior Ministry and held on October 25, 2009, elected candidates for president and legislative offices. During

2880-525: The port of Tunis (Halq al-Wadi) . Under this pressure and given the support of the liberal former general and Marine Minister Hayreddin Pasha , Muhammad II agreed to what became known as the Fundamental Pact of 1857  [ fr ] . That document, which had many similarities to the 1839 Ottoman Hatt-ı Şerif, abolished slavery, guaranteed people to be secure in their lives and property, granted equality of taxation (thus implicitly abolishing

2944-525: The press was highly restricted, as was a substantial amount of web content. Journalists were often obstructed from reporting on controversial events. Prior to the Jasmine Revolution , Tunisia practiced internet censorship against popular websites such as YouTube . In 2010 Reporters Without Borders included Tunisia in the country list of “Enemies of the Internet". Despite this, Tunisia hosted

3008-617: The press. Later in his rule repression became more brutal, corruption more visible and the economy more stagnant. The Tunisian Revolution overthrew President Ben Ali in 2011—marking the beginning of the Arab Spring . On 14 January 2011, president Zine El Abidine Ben Ali officially resigned after fleeing to Saudi Arabia , ending 23 years in power, following the most dramatic wave of social and political unrest in Tunisia in three decades. Street protests and civil disobedience against high unemployment , food inflation , corruption ,

3072-584: The progress of both the transitional government as well as the various stages of the constitution. Dr. Mohamed-Salah Omri, a professor at St. John's College, University of Oxford said, with regards to post revolutionary transitional period, that "the transfer of power in the early days of 2011 and the several transitional phases since then reveal much about the power of constitutionalism in the country. One may indeed speak of an orderly, leaderless transfer of power in January 2011 specifically because constitutionalism

3136-399: The role of President Kais Saied strengthened significantly. The now-defunct Chamber of Deputies had 23% women members in 2009, outpacing the percentage of women serving at the time in the U.S. Congress , which stood at 17% in the 111th Congress . More than one-fifth of the seats in both chambers of parliament were held by women, an exceptionally high level in the Arab world. Tunisia is

3200-586: The seats in the House of Deputies were reserved for the opposition. More than 27% of the members of the Chamber of Deputies were women. The lower house played a growing role as an arena for debate on national policy, especially as it hosted representatives from six opposition parties. Opposition members often voted against bills or abstained. However, because the governing party enjoyed a comfortable majority, bills usually passed with only minor changes. The upper house

3264-688: The second half of the United Nations -sponsored World Summit on the Information Society in 2005, which endorsed the freedom of the internet as a platform for political participation and human rights protection. By 2010, Tunisia had more than 3.5 million regular internet users and 1.6 million Facebook users and hundreds of internet cafes, known as 'publinet.' Five private radio stations have been established, including Mosaique FM , Express FM , Shems FM and private television stations such as Hannibal TV and Nessma TV . Tunisia

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3328-484: The sovereign was not free to dispose of the resources of the state and must maintain a budget, while he and the princes of his family were to receive stipends. Issues of national representation and elections were omitted. In fact, in actual practice the members of the Grand Council were appointed more through cronyism and favor swapping than national interest. Many of the old Mamluk class were appointed, keeping

3392-643: The unlimited power. The territory of modern-day Tunisia knew its first form of political organization with the constitution  [ fr ] of ancient Carthage . Its text was extensively referred to by Aristotle in his work, Politics . In this, Aristotle speaks highly of the Carthaginian constitution and describes it as a model of a balanced constitution, having the best characteristics of other political regimes; It combines elements of monarchic (kings or shophets ), aristocratic (senate) and democratic (people's assembly) regimes. Beginning in 1839,

3456-442: Was a Jewish teamster who worked for Jewish political boss Nasim Shamama. Following a traffic accident, Sfez was involved in an altercation with a Muslim. His opponent subsequently brought charges against Sfez, charging him with insulting Islam, a capital offense under Maliki law . There were plenty of witnesses who had heard Sfez curse his opponent and his religion. A notary investigated and took sworn statements. The court considered

3520-420: Was directly elected for a five-year term. The president nominates the candidate of the party that gained the most votes in legislative elections to form a government within a month. The nominee must submit his program to the Assembly of the Representatives of the People and get the trust of the majority of its members before being appointed prime minister. Regional governors and local administrators are appointed by

3584-684: Was not the case. The existence of Association Shams has been received with scepticism by Tunisians. Several public figures were opposed to the existence of an LGBT activist group in the country. Homosexuality is still criminalized under Tunisian law. As stated by the Article 230 of the Tunisian Penal code, homosexuality is a punishable crime and people accused of it can face up to three years in prison. The authorities accuse people with sodomy without proper evidence and oblige them to undergo anal tests that have no medical relevance. In December 2015,

3648-484: Was reported as the first openly gay presidential candidate in Tunisia by media outlets like NBC , The Independent , Raseef22 , Daraj Media and Vice , but was excluded from running, because he had been sentenced to prison for sexual abuse of a minor in 2013. In 2020, Baatour claimed that Tunisian authorities had recognized the existing same-sex marriage of a Tunisian and French man and several Western (queer) media reported about it. Tunisian officials clarified that this

3712-449: Was scheduled for 25 July 2022. After the referendum results indicated that 90% of voters supported Saied, he emerged as victorious and promised that Tunisia will enter the new phase after he got the unlimited power. Out of the 30.50% of registered voters who voted on the referendum, 94.6% of votes were in favor for the constitutional change and 5.4% were against. Additionally, 0.06% of the votes were blank. The new Constitution establishes

3776-526: Was seized by authorities for violating campaign communications laws. Meanwhile, a delegation from the African Union Commission praised the election for taking place with "calm and serenity". Prior to the 2009 election, Tunisia amended its constitution to allow more candidates to run for president, allowing the top official from each political party to compete for the presidency regardless of whether they held seats in parliament. Following

3840-602: Was sent 4000 death threats within the first two weeks of operation. In the station's first six months they had 10,000 listeners a week across 15 different countries. The show is streamed online six days a week. The project is funded by the Dutch embassy in Tunis. In 2019, Mounir Baatour , the head of the organisation, was the candidate of the Tunisian Liberal Party for the 2019 Tunisian presidential election and

3904-426: Was strong and alive." It was initially hoped that a constitution would be drafted within a year's time. However, vigorous debate and two assassinations delayed the document. Progress quickened after the ruling Islamist Ennahda party agreed to give up power when a new constitution was passed. After two years of work, a 146-article draft constitution was completed. It was put to a vote on 26 January 2014, requiring

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3968-443: Was summarily beheaded. This upset not only the local Jewish community but also the local European businessmen and hence the legates from France, Leon Roches, and Britain, Richard Wood, who had already been pressuring the Bey for greater religious tolerance and equal treatment before the law, primarily in support of European commercial interests. European warships steamed into Tunisian harbors including an entire French squadron into

4032-418: Was sworn in as interim president. Various decrees in early 2011 permitted the continuation of the interim government and the "Legislative Decree of 23 March 2011"  [ fr ] provided for initial elections. On 12 December 2011, Moncef Marzouki was elected president. On 23 October 2011, a Constituent Assembly was elected to draft the text of a new constitution. On 16 December 2011, they issued

4096-430: Was the Chamber of Advisors, which had 112 members, including representatives of governorates (provinces), professional organizations and national figures. Of these, 41 were appointed by the head of state while 71 were elected by their peers. About 15% of the members of the Chamber of Advisors were women. The Tunisian legal system is based on French civil law system. Some judicial review of legislative acts takes place in

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