The adoption of the 2014 Constitution four years ago was a milestone in Tunisia’s reform process. Since then the challenge is to implement the Constitution. Old laws need to be changed and new ones adopted. All legislation needs to reflect constitutional principles and obligations.
DRI’s six-monthly constitutional monitor reviews progress on this path in the following areas: human rights with a focus on civil and political rights; the separation and balance of powers; the independence of the judiciary; the rule of law; accountability and transparency mechanisms; independent constitutional bodies and decentralisation.
The latest report, covering the period from 1 April 2017 to 30 September 2017, confirms the modest progress in implementation of the Constitution with its major achievements being:
- the adoption of the Law on the Commission for Good Governance and Anti-Corruption;
- the election of the access to information body members;
- the withdrawal of the circular which forbade the marriage of Tunisian women of Muslim faith with non-Muslim men;
- the creation by the President of the Republic of the Commission on Individual freedoms and equality, responsible for preparing a report regarding the proposed reforms in the area of human rights and freedoms.
At the same time, important parts of the Constitution have not yet been implemented:
- the Constitutional Court judges have not been elected;
- the municipal elections, planned initially for 17 December 2017 but postponed to an unclear date [ The date of 6 May 2018 was finally confirmed in December 2017. ];
- the Constitution’s Chapter VII on local government has not been turned into legal reality.