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Tunisia

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
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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
Election flag

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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Global ranking per category of democratic performance in 2023

Chevron
Representation
101/173
Rights
48/173
Rule of Law
94/173
Participation
94/173
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Basic Information

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Population Tooltip
12 458 223
System of government
Parliamentary system
Head of government
Prime Minister Kamel Madouri (since 2024)
Head of government party
Independent
Electoral system for lower or single chamber
Two-Round System
Women in lower or single chamber
15.7%
Women in upper chamber
13%
Last legislative election
2023
Effective number of political parties Tooltip
1.29
Head of state
President Kaïs Saïed
Selection process for head of state
Direct election (two-round majority)
Latest Universal Periodic Review (UPR) date
08/11/2022
Latest Universal Periodic Review (UPR) percentage of recommendations supported
67.84%
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Human Rights Treaties

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State Party State party
Signatory Signatory
No Action No action
United Nations Human Right Treaties
International Covenant on Civil and Political Rights
State Party
International Covenant on Economic, Social and Cultural Rights
State Party
International Convention on the Elimination of All Forms of Racial Discrimination
State Party
Convention on the Elimination of Discrimination Against Women
State Party
Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
State Party
Convention on the Rights of the Child
State Party
International Convention on Protection of the Rights of All Migrant Workers and Members of Their Families
No Action
International Convention for the Protection of All Persons from Enforced Disappearance 
State Party
International Convention on the Rights of Persons with Disabilities
State Party
International Labour Organisation Treaties
Forced Labour Convention
State Party
Freedom of Association and Protection of the Right to Organise Convention
State Party
Right to Organise and Collective Bargaining Convention
State Party
Equal Remuneration Convention
State Party
Abolition of Forced Labour Convention
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Discrimination (Employment and Occupation) Convention
State Party
Convention concerning Minimum Age for Admission to Employment
State Party
Worst Forms of Child Labour Convention
State Party
Regional Treaties
African Charter on Human and Peoples' Rights
State Party
Arab Charter on Human Rights
No Action
in
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Performance by category over the last 6 months

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Representation neutral Rule of law
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Representation neutral Participation
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Global State of Democracy Indices

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Explore the indices
Representation
Representation
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/1
high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Rights
Rights
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high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Rule of Law
Rule of Law
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high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Participation
Participation
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high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4

Factors of Democratic Performance Over Time

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