I.THE POLITICAL AND INSTITUTIONAL SCENE AFTER 600 DAYS

A. A new constitutional text with significant implications

1. From the national consultation to the vote on the Constitution: a review of a unilateral process marred by irregularities

The process that led to the promulgation of the new Tunisian Constitution was marred by multiple dysfunctions 2 :

- 15th of January - 20th of March 2022: National consultation ignored by the citizens (7.6% of the electorate participated to the referendum, of which 69.5% were men and 31.5% women)3, despite the state resources made available and the late inclusion of minors (from 16 years old).

- May 2022: announcement of a national "Dialogue" from which the President excludes the overwhelming majority of civil and political society, and in which many personalities and organizations that were invited refused to participate. Creation by decree-law of the "National Consultative Commission for a New Republic”4.

- 6th of June 2022: Beginning of the Commission’s works and production of a draft that was ignored by the President5 and thus quite different from the one actually published in the JORT on June 30, a version that was further rectified in the JORT on July 8th (46 modifications of substance and form)6.

- 25th of July 2022: the draft constitution is put to a vote after a ballot orchestrated by the Independent High Authority for the Elections (ISIE), a body now dismantled and subjected to the executive branch. The electoral process was marred by numerous irregularities, at odds with the norms and standards for free and fair elections. The Venice Commission, an advisory body to the Council of Europe, stated in an urgent opinion issued on May 27th, 2022 that "it is not realistic to expect to hold a constitutional referendum on July 25th, 2022 in a credible and legitimate manner”7. Indeed, the 25-day deadline given to citizens to become acquainted with the text was extremely tight.

Ultimately, the new constitutional text was voted with 94.6% "Yes", 5.4% "No", and a particularly low participation rate of 27.54% according to the first results announced8. This participation rate was re-evaluated at 30.5% following calculation errors by the ISIE9; the final results were published in the JORT on the 16th of August 202210 On August 17th, the Constitution enters into force after its promulgation in the JORT by President Saïed11

2.A new constitutional text that raises concern

In addition to a unilateral constitutional review process marred by several irregularities, the content of the new constitution raises many concerns. The new text represents a clear step backwards in terms of the Rule of law, the separation of powers and the civil character of the state compared to the 2014 Constitution. For Amnesty International, the new Constitution risks "leading to a weakening of human rights and rule of law guarantees" in several aspects 12