To measure the progress on the implementation of the Tunisian Constitution, DRI publishes a six-monthly constitutional monitor that assesses developments in the following areas: human rights, with a focus on civil and political rights, separation and balance of powers, independence of the judiciary, rule of law, accountability and transparency mechanisms, Independent Constitutional Bodies, and decentralisation.
The eighth edition of the report covers the period from 1 October 2018 to 31 March 2019.
Major advancements related to the implementation of the Constitution during this period include:
- The promulgation of the Organic Law on the Elimination of All Forms of Racial Discrimination on 23 October 2018;
- The promulgation of the Organic Law on the Human Rights Body on 29 October 2018;
- The enactment of new decrees implementing the decentralization law (Code des collectivités locales);
- The election of the president and new members of the Independent High Authority for Elections (L'Instance supérieure indépendante pour les élections – ISIE) by the ARP on 30 January 2019;
- The determination of the calendar for the legislative and presidential elections by ISIE, with the elections scheduled for 6 October 2019 and 17 November 2019 respectively.
However, critical parts of the Constitution are still awaiting implementation, including:
- The Constitutional Court, whose members have not yet been appointed;
- The lack of a legal framework for exceptional situations (such as the state of emergency);
- Independent constitutional bodies that have not all been established yet.