Tunisia Finalizes Adoption Of New Constitution

Tunisia Live reports that on Sunday night, Tunisia's National Constituent Assembly  (NCA) give its final approval to the country's new constitution which has been drafted in a process that has taken nearly two years. The vote was 200 in favor; 4 against; and 12 abstentions.  By receiving over a two-thirds vote, the document does not need to go to a popular referendum.  Yesterday, the formal adoption was finalized as President Moncef Marzouki, Prime Minister Ali Laarayedh, and NCA Speaker Mustapha Ben Jaafar signed the document in a ceremony attended by political and civil society leaders as well as representatives of foreign governments. (Tunisia Live). The new constitution (full text in English) contains 146 articles, including the following that relate to the relationship of religion and state:

Preamble....  Expressing our people’s commitment to the principles of Islam and its open and moderate objectives, on sublime human values and the principles of universal human rights, inspired by our civilizational heritage accumulated over successive epochs of our history, and from our enlightened reformist movements that are based on the foundations of our Islamic-Arab identity and to the acquisitions of human civilisation, and adhering to the national gains achieved by our people; ...

Based on the dignified status of humankind; enhancing our cultural and civilizational affiliation to the Arab Islamic nation, on the basis of national unity that is based on citizenship, brotherhood, solidarity, and social justice; with a view to supporting Maghreb unity as a step towards achieving Arab unity, integrating with the Muslim and African nations, and cooperating with the peoples of the world; supporting the oppressed everywhere, and the people’s right to self-determination, and supporting just liberation movements at the forefront of which is the Palestinian liberation movement; and standing against all forms of occupation and racism; .... [Note: Article 143 provides: "This Constitution’s preamble is deemed an integral part of the Constitution."]

Article 1: Tunisia is a free, independent, sovereign state; its religion is Islam, its language Arabic, and its system the Republic. This article cannot be amended....

Article 6: The state protects religion, guarantees freedom of belief and conscience and religious practices, protects sanctities, and ensures the neutrality of mosques and places of worship away from partisan instrumentalisation.  The state is committed to spreading the values of moderation and tolerance, and to protect the sacred and prevent it from being attacked, and is also committed to prohibit charges of apostasy (“takfir”) and incitement to hatred and violence, and to combat them.....

Article 20: All citizens, male and female alike, have equal rights and duties, and are equal before the law without any discrimination.....

Article 30: Freedom of opinion, thought, expression, media and publication shall be guaranteed. These freedoms shall not be subject to prior censorship....

Article 38.... The state shall guarantee the right to free public education at all stages and shall seek to provide the necessary means to achieve a high quality of education and training, as it shall work to embed youth in the Arab-Islamic identity and strengthen and promote the Arabic language and expand its usage, and openness to foreign languages and cultures, and dissemination of the culture of human rights.....

Article 46: Children are entitled to dignity, health, moral upbringing, and education from their parents and the state....

Article 125: The Human Rights Commission shall oversee the extent to which human rights and freedoms are respected, and promote human rights and freedoms....

Provisions On Religion In Draft Tunisian Constitution Provoke Intense Debate

In Tunisia, the National Constituent Assembly is debating the draft of a new Constitution. According to Tunisialive (Jan. 21): "After each article attains a majority vote, the document as a whole will be put to a vote in the assembly, with a two-thirds supermajority required for its adoption. If this is not attained, the constitution must face a popular referendum." (English translation of provisions adopted by Jan. 21.)

Debate over Art. 6 on the relationship between religion and state has been particularly heated, leading one Assembly member to faint on Tuesday night after standing and repeatedly shouting "Allahu Akbar" (God is great).  Tunisialive (Jan. 22) reported on the sequence of events leading up to this:

Article 6, as passed originally, says the "state protects religion, guarantees freedom of belief and conscience and religious practices, protects sanctities, and ensures the neutrality of mosques and places of worship from partisan instrumentalisation." ...

The text was then amended, however, on January 5 after a dispute between leftist member Monji Rahoui and Islamist member Habib Ellouz, with the latter calling Rahoui an "enemy of Islam" while on a radio program. Rahoui claimed the remark caused him to receive death threats. The assembly then amended Article 6 to include a ban on takfir, or accusing someone of being a nonbeliever, and as well as a ban on "inciting violence."

The amendment was condemned by many religious conservatives, who sought a similar ban on insulting religion, moving lawmakers last night to suggest a compromise amendment, which would commit the state to "protect sanctities from all assault and ban takfir and incitement to hatred and violence."

(See prior related posting.)

Tunisia's National Assembly Approves Constitutional Provision Making Islam Country's Religion

Tunisia's National Assembly began voting Friday, article-by-article, on the country's proposed new constitution. (AFP 1/3). On Saturday, by a vote of 146-3 it adopted Article I which reads:  "Tunisia is a free, independent and sovereign state. Islam is its religion, Arabic is its language, and it is a republic. It is not possible to amend this article." The Assembly rejected proposed amendments that would have provided that Islam or the Qur'an would be the principal source of legislation.  The provision as adopted is a compromise between the Islamist Ennahda party and secularists. (AFP 1/4.) The constitution must be adopted by 2/3 of the Assembly's 217 members, or else submitted for a referendum.