Tunisia
Tunisia performs at the mid-range across all categories of the Global State of Democracy (GSoD) framework. It is among the top 25 per cent of countries with regard to Access to Justice, while it performs at the bottom 25 per cent in Electoral Participation. Following the 2011 downfall of the authoritarian Ben Ali regime, Tunisia initially saw notable improvements across the GSoD Indices and reforms that included a new, pluralistic Constitution earned the country widespread plaudits as the Arab Spring ‘success story’. Between 2018 and 2023, Tunisia has experienced declines in several factors of Representation, as well as in Civil Liberties, Judicial Independence, and Civil Society. Recent moves, widely criticized as authoritarian in nature, threaten performance across all measures going forward. Although Tunisia remains one of Africa’s wealthiest countries, economic growth has decelerated, exacerbated by public debt challenges. Sectors such as information and communication technologies, tourism, manufacturing, and organic farming are key, although droughts have affected agriculture.
Tunisia’s history has been marked by Roman, Ottoman, Islamic, Arab, and French influences, among others. The country became a French protectorate in 1881 and gained independence in 1956. Between 1956 and 2011, Tunisia was ruled by authoritarian strongmen, Habib Bourguiba and Zine El Abidine Ben Ali. The 2011 Arab Spring brought the Jasmine Revolution to Tunisia, forcing Ben Ali to flee to Saudi Arabia, leading to his overthrow and the country’s rapid democratization.
Nevertheless, the political space has remained hobbled by significant crises, cleavages and corruption. The rapprochement that characterized the post-revolution era has fractured, giving rise to significant religious divides and political polarization. Secularists, themselves significantly divided, reflect the legacy of former President Bourguiba who championed Tunisian nationalism and women’s rights after the decolonization. Conversely, Islamists support socially conservative policies and pan-Arabism.
Issues of economic development and democratic consolidation have also remained front-and-center. Pressing economic reforms are needed to stabilize the country’s finances, including reducing the size of the public sector and combatting corruption. Economic malaise and poverty have driven public anger, partly evident in street protests. At the same time, Tunisia has struggled to consolidate its democracy, with increasingly autocratic moves such as a new 2022 constitution said to solidify “one-man rule” and the repression of political protests, based on Decree Law 54, has led to the arrests of opposition figures, journalists and lawyers following the dissolution of the Judicial Council. Additionally, a new 2022 electoral system based on amendments by decree, along with party boycotts of elections, has led to the disappearance of political parties from the public sphere. Public support for democracy has also waned over the last decade. Disenchantment with political elites and disengagement has resulted in a sharp decrease in voter participation. The government has explained its moves as attempts to create a new republic that guarantees the state’s unity, stability and Tunisians’ right to a decent life.
Discrimination and social equality matters are also prominent in Tunisian politics. While women’s social positions are more advanced than elsewhere in the Arab world, Islamist criticism and implementation failures have quashed activists’ hopes for critical economic inheritance reforms. Additionally, the 2022 electoral system amendments removed the requirement for gender parity. Only 15.7 per cent of parliamentarians are women.
LGBTQIA+ people face criminalization under active sodomy laws, alongside societal repression and harassment. While the country passed a landmark racial discrimination law in 2018, Black Tunisians continue to face widespread bias, as do migrants and refugees from Sub-Saharan Africa.
Looking ahead, Representation will be an area to watch, as it will be critical to monitor the resilience of the country’s remaining nascent democratic institutions amid pressure from the executive. For now, increasingly restrictive tactics, persisting economic challenges, and enduring social and political divides appear to have stalled the Tunisian democratization project. In this context, it will be relevant to monitor for signs of a hopeful return to the democratic path.
Last Updated: July 2024
https://www.idea.int/democracytracker/
September 2024
New law transfers jurisdiction for electoral disputes to appellate courts
On 27 September, Tunisia's parliament passed a bill transferring authority over resolving electoral disputes from the Administrative Court to general appellate courts. The bill, aimed at "unifying the judicial framework," was adopted with 116 votes in favor, 12 against, and 8 abstentions. It was promulgated on 28 September, ahead of the 6 October presidential elections. The move follows growing tensions between the Independent High Authority for Elections (ISIE) and the Administrative Court. ISIE refused an August court ruling to reinstate three presidential candidates, citing failure to communicate the ruling within the legally required timeframe. The Administrative Court rejected this claim, demanding reinstatement, but ISIE has yet to comply with the ruling. Prior to the bill’s passing, the Administrative Court was the primary authority on election disputes, in the absence of a constitutional court. Protests took place throughout September, demanding the reinstatement of rejected candidates and opposing the amendments to the electoral law.
Sources: Parliament of Tunisia, Associated Press, Al Jazeera, Reuters, La Presse, International IDEA
August 2024
Court reinstates three presidential candidates into election race
In August, the Tunisian Administrative Court reinstated to the presidential election three prominent candidates who had previously had their candidacies rejected by the Independent High Authority for Elections (ISIE). Out of a total of 17 candidates that submitted applications to the ISIE for running in the election, only two, along with incumbent President Kais Saied, were initially approved based on qualification requirements. According to ISIE, the rejected candidates were disqualified over alleged failure to secure the required endorsements from citizens. Seven prospective candidates have been arrested, sentenced to eight months in prison (without enforcement) and banned for life from running for elections for allegedly falsifying endorsements and vote buying. Another candidate was jailed and also banned for alleged vote buying in the 2019 elections. Among the 14 candidates who were rejected, former ministers Abdellatif Mekki and Mondher Zenaidi and former MP Imed Daimi successfully appealed the ISIE’s decision, with the Administrative Court ruling in their favor on 27, 29, and 30 August, respectively. This reinstatement increases the total number of candidates from three to six, with no women among the qualified candidates.
Sources: Reuters (1), Reuters (2), The New Arab, The Guardian
July 2024
Tunisian opposition coalition denounces political crackdown ahead of presidential election
In July, concerns increased regarding the arrest, imprisonment, and disqualification of opposition figures in Tunisia. The National Salvation Front (NSF), a coalition of secular and Islamist parties, accused Tunisian authorities of targeting political opponents to undermine the opposition before the presidential election scheduled for 6 October. Key incidents include travel and media appearance restrictions imposed on a presidential candidate and former Ennahda leader, along with the detention of Ennahda's Secretary-General and two other party members. Additionally, significant legal actions were taken against opposition figures, resulting in two individuals being sentenced to six to eight months in prison, with one also being disqualified from running for the presidency. Some opposition parties plan to boycott the upcoming election, citing unfair conditions.
Sources: Anadolu Ajansi, Amnesty International, L’Économiste Maghrébin, Reuters, Associated Press
Electoral authority introduces stricter media regulations for election coverage
On 17 July, Tunisia's Independent High Authority for Elections (ISIE) revised its 2018 media regulations, introducing two main changes. First, ISIE now has sole control over election media regulation, a role previously shared with the audiovisual authority (HAICA). Second, ISIE must now also report any suspected media offenses directly to the Public Prosecutor. The new regulations concentrate electoral media oversight solely in the hands of ISIE, reportedly aiming to ensure a "smooth" electoral process but raising concerns about their impact on media freedoms. By requiring ISIE to report directly to the prosecutor, these rules could criminalize journalists' activities and restrict their ability to freely and independently cover the upcoming 6 October presidential election.
Sources: Agence Tunis Afrique Press, La Presse, L’Economiste Maghrebin
January 2024
Election of new second parliamentary chamber marked by low turnout
Tunisia held two rounds of elections to select members of local councils for a five-year term. These elections represent a significant step towards the establishment of the National Council of Regions and Districts, which will serve as a second chamber in the Tunisian parliamentary system. The second parliamentary chamber was established as part of the 2022 constitution. Opposition parties criticized the move as another step towards ‘authoritarian governance’, leading to calls for a boycott of the vote. More than 260 prominent Tunisian figures signed a petition against the election, claiming it aimed to weaken local power.
The electoral process was marked by a lack of public interest and popular engagement was low. Tunisia’s Independent High Electoral Commission (ISIE) confirmed a 12.53 per cent voter turnout in the second round, a slight increase from the 11.7 per cent participation seen during the first round. 779 candidates were elected, including 72 women and 139 candidates under 36 years of age. The ISIE announced that two candidates' results were annulled due to violations; one held dual nationality, while the other was found guilty of electoral offenses. The final results will be announced in March following all administrative court appeals. The first round of elections, held in December 2023, saw 1,348 local council members elected from 6,177 candidates across 2,155 districts.
Sources: Tunis Afrique Presse, Reuters, Africa News, Independent High Authority for Elections of Tunisia, Middle East Eye
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