The battle over the media in Tunisia heats up

August has been a huge month for news about free speech in Tunisia. The constituent assembly debated new blasphemy laws and the commission on rights and liberties has included anti-blasphemy language in the constitutional article on free speech. Debates over the media have pitted pro-government forces against Tunisian newspapers, bloggers, and media watchdog groups. Here’s a rundown of the major events.

Blasphemy: Le monde reports on the new blasphemy law proposed in Tunisia’s constituent assembly. Tunis-based blogger Thierry Bresillon takes a look at the blasphemy law being proposed and why it may pass (the law calls for 2 year prison sentences and $1400 fines for offenders).

It must be recognized that the vast majority of Tunisians refuse that freedom of expression may be an excuse to attack religion. Presented in this way, a law prohibiting the infringement on the sacred would have every chance of gaining broad support. This was also the proposal by far the most applauded during the closing ceremony of the Congress of Ennahdha….To counter criticism, proponents of a condemnation (of blasphemy laws) often use the example of the criminalization in France of genocide denial, which is purportedly a  substitute for the sacred…Whatever the comparison is worth, none of these offenses is punishable by a prison sentence.

Government/Media relations: Nouvel Obs has an interview with Tunisian journalist Hanene Zbiss, who argues that Tunisia’s government is trying to muzzle the media. Nawaat writer Ali Gargouri agrees in an article in which he enumerates the various attacks on journalists over the past year.

Gargouri made even more waves when he published documents that purport to show that Ennahda’s Lotfi Zitoun, an advisor to the prime minister has undeclared ownership of a Tunisian television station. Zitoun denies the charges and has threatened to sue Gargouri. Tunisian social media activists have begun using the hashtag #ZitounGate to follow the unfolding events. Zitoun has repeatedly threatened to publish the blacklist of journalists who collaborated with the former regime.

Media watchdog organizations IFEX-TMG and Reporters without Borders both charged the government with repression of the media. Al Ahram (an Egyptian daily) reports on Reporters without Borders:

Reporters Without Borders on Wednesday denounced the Tunisian government for tightening its control of state media, highlighting the “urgent need” for independent regulation of the broadcasting sector. The media rights watchdog said it expressed “incomprehension at the persistence of inappropriate appointments to top state media posts,” during a meeting on Friday with government officials, including two political advisors to Prime Minister Hamadi Jebali. It said there was an “urgent need for the creation of an independent body to regulate the broadcasting sector,” and called on the government put an “end once and for all to the lack of transparency” surrounding the latest appointments. “What was at first described by the government as an exception became the rule as the months went by,” the organisation (RSF – Reporters sans frontieres) charged.

 

From IFEX:

The IFEX-TMG strongly condemns the increasing use of violence and threats against journalists, artists and writers by police and ultra-conservative groups, and the government’s failure to put an end to the impunity of those carrying out these attacks. Furthermore, members of the media are in the midst of an ongoing battle to safeguard the freedoms gained during the democratic transition period, after the revolution.

 

Ammar 404: A group of Tunisian cyber-activists and netizens decided to lodge a complaint against the Interior Ministry to reveal the identity of web censor “Ammar404”. “Ammar404” is the nickname netizens gave to Internet surveillance and censorship during the regime of former President Zeine el-Abidine Ben Ali.

Dar Essabah affair: From the Washington Post (via wire service): About 200 protesters gathered in front of the government headquarters to denounce the appointment of a former police chief to lead the state-run Dar Assabah media group. Tunisian journalists and opposition activists are accusing the government of trying to take control of the country’s media to influence upcoming elections.

The group’s editors have accused the government of trying to censure the editorial content of the newspapers (Dar Essabah in Arabic and Le Temps in French).

Ettounsiya affair: Elodie Auffray provides background on what started as criticism of a puppet show but escalated into an all out PR battle between figures in the media and the government. She writes in French daily Liberation:

It was one of the biggest hits of Ramadan, the high season for new TV productions in Tunisia. “Political logic,” as the “Guignols” (Puppets in English) is known here aired, by Attounsiya station, stopped suddenly last week. The last two planned episodes were not broadcast. The disappearance went unnoticed for almost a week, until the union of journalists stood up. “The diffusion of Les Guignols was stopped under duress,” said Union secretary general Mongi Khadhraoui on Shems FM radio, citing “indirect pressure” by the government dominated by the Islamist party Ennahda.

 

Friday night, a warrant was issued to arrest the director of the satellite channel, Sami Fehri, for his alleged involvement in cases of corruption during the time of Ben Ali. Nothing to do with Les Guignols, but in this context, opening the (corruption) case is somewhat surprising.

 

Auffray offers a translation of a rap song performed by Ennahda leader Rached Ghannouchi, Prime Minister Jebali and a young salafist (the video can be found on Liberation’s website:

“Leave Ennahda alone, Leave Ennahda alone / Oh, opposition, take care of your own business for a second / the government of Ennahda, despite everything that it has done is good / oh my god, may Ennahda be the winner / This is the holy month of Ramadan and we have closed the cafes / (…) / You are unable to oppose us, (you) opposition relax / we’re with the United States and Qatar / If you oppose Ennahda, your life is in danger / besides, there is not alternative to Ennahda / and whoever opposes us is a Freemason, a traitor.”

 

The tone and nature of the clips did not please members of Ennahda. “They protested against them because they were unbalanced criticism,” says a member of the production. Without naming the Guignols, the Minister of Health has publicly condemned “certain programs [that] exceed all limits mocking public figures without any respect.” “We must respect the symbols of the state,” said Abdellatif Mekki.

 

Lotfi Zitoun, government spokeman and adviser to the prime minister, denied there being a political motive for the arrest of Attounsiya’s owner. TunisieNumerique reports “In a response to the accusation (of political motives) he stated that he considered mockery of the symbols of the democratically elected government to be wrong. He also stressed the need to take into account the sensitivity and the fame of these public figures who each have a family. Regarding Sami Fehiri, Zitoun accused him of being a “criminal,” accusing him of being part of the corrupt system established under the former regime. He denied outright government interference in the course of justice.”

The Tunisian workers part (former Communist party) issued a statement supporting Fehri’s arrest because of his close links to the former regime and alleged corruption.

An arrest warrant was issued for Sami Fehri on August 25. Fehri surrendered today according to reports. He has claimed that his arrest was politically motivated. The Tunisian Union for Journalists (SNJT) denounced Fehri’s arrest.

In a separate incident, an Attounsiya cameraman was assaulted on Aug 26.

Open Government: Advocates of open government today announced their decision to sue the government for information from the work of the Constituent Assembly. From Nawaat: “The non-governmental organizations Al Bawsala and the Nawaat association, as well as many citizens of the Tunisian collective OpenGov TN, have made a formal complaint to the Administrative Court on Wednesday, August 29, 2012 against the National Constituent Assembly, to require the publication of details of votes of elected officials, attendance records, as well as all the minutes, reports and work since October 23, 2011.

Al Bawsala is the organization responsible for the site Marsad.tn, which systematically publishes the work of the Constituent Assembly. See an interview with its founders here.

In other news, John Thorne has a great piece on what it’s like operating as an independent bookstore (one of my favorites) in Tunisia today in his article “Books and art pit freedom of religion against free speech in Tunisia.” Excerpts from the Christian Science Monitor:

Before last year’s revolution, police would drop by the Librairie Mille Feuilles in this upscale Tunis suburb to look for books deemed politically deviant. The bookshop has since attracted a different kind of scrutiny.

Last December a strange man entered and addressed owner Lotfi El Hafi: “You have indecent books,” he said, indicating Femmes au Bain, a book about depictions of women bathing in European art. “I’m sent to warn you.” The next day he returned with a second man and threatened trouble if the book wasn’t removed…the incident highlights Tunisia’s struggle to balance two gains of the revolution that seem complementary but often clash: freedom of speech and the free practice of religion.

The debate will ultimately determine the breadth of free expression in a country that was long among the world’s most censored. It has also cast a spotlight on the leading Ennahda party, moderate Islamists who say that Islam is compatible with an open society.

 

The Tunisian blogosphere erupted after a Tunisian journalist was arrested for public consumption of alcohol during Ramadan. Amnesty condemned the action

The latest arrests of journalists and activists in Tunisia are further evidence that human rights in the country are at risk of being restricted, Amnesty International has warned. Journalist and activist Sofiene Chourabi was arrested along with two friends on 5 August for drinking alcohol on a beach where they had been camping at Kelibia, in the country’s northeast. Charges of “disturbing public order” and “violating sacred values” have been used repeatedly in the past few months under Article 21 of the Tunisian Penal Code, which criminalizes the distribution of printed material that disrupts public order or public morals.

 

Tunisian journalist Afef Abrougui interviews Tunisian cartoonist Z, who continues to see political repression in post revolutionary Tunisia. Money quote:  “I only consider libel, and racist insults as red lines. Otherwise, there is nothing that can justify any kind of censorship. Even though I’m aware that I do hurt the feelings of some, I believe that we have to elevate the supremacy of freedom above religious sacredness (even if it represents the majority) and accept the famous adage that says “I disapprove of what you say, but I will defend to the death your right to say it”.”

Meanwhile, a Tunisian comedian who last month had shows cancelled (see my update from this week) because of Salafist protests and was condemned by the chief of police for criticizing them, announced his new show, 100% Government.

Finally, Tunisia Live writes about 10 Tunisian blogs worth reading, while deploring the state of the Tunisian blogosphere.

Debate continues over women’s rights in the new Tunisian constitution

As I noted in my post of August 3, the Tunisian Constituent Assembly created controversy when the commission on rights and liberties approved an article in the constitution that states: women’s rights should be protected under the principal of complementarity at the heart of the family and as man’s associate in the development of the country.

Women’s rights groups reacted strongly to the language, which has been seen by many in the country as an attempt to undermine women’s rights . As Aljazeera noted: “When Tunisia’s National Constitutional Assembly published the new draft constitution, a storm broke out over its words about women. Thousands of Tunisians were not impressed. “Oh woman, rebel – guarantee your rights in the constitution,” chanted supporters of gender equality as they marched on August 13 from the 14 January Square to the Conference Palace in the capital of Tunis…Estimates placed the number of protesters between 5,000 and 30,000. “Equality all the way – no complementarity in the constitution,” they shouted. Sister marches were held across Tunisia, in celebration of National Women’s Day [which celebrates the signing into law of the personal status code].”

How Ennahda sees it
Ennahda responded to these protests by reaffirming that it sees men and women as equal and considered the debate over the subject politicized by its opponents. Many in the party saw the law as nothing more than a misunderstanding over words.

The National explains: “Complementarity is at the heart of how Ennahda sees the role of women: party members believe that women have an equal, but different, role to play in the society. This is not an uncommon view among religious groups, especially from the Abrahamic faiths, who believe God created mankind in pairs and assigned different roles to each gender. That makes this proposed insertion of women’s “complementary” role something of a political misfire. Ennahda is picking an unnecessary fight. The party tried to row back a bit from the wording, arguing that “complementarity should be construed in a positive way”, according to Farida Abidi, an assembly member. She pointed out that there is a clear article in the proposed constitution: “All citizens have equal rights and duties before the law notwithstanding any kind of discrimination whatsoever.” But this is slightly disingenuous. What critics of complementarity are arguing for is the freedom to choose roles in society. Equal treatment before the law is not the same as equal participation in society.”

Monica Marks argues that Tunisians, the media, and activists have misinterpreted what she considers to be the correct Arabic translation used in the draft law, preferring to translate complementarity as fulfillment of each other. It should be noted, however, many in the Ennahda movement have embraced the language of complementarity, including party leader Rached Ghannouchi.

Regardless of the true intentions of the language, and the continued support for the article by Ennahda’s leadership, Marks says that the language is unlikely to pass. She writes in the FP “It is unlikely that Article 28 will pass muster with the revisionary committee scheduled to edit and harmonize this draft constitution over the coming months. Sihem Badi, Tunisia’s Minister of Women and Families, has already spoken out against the law, and a prominent female representative of Ennahda, Ms. Souad Abderrahim, has also suggested it is in need of revision. Though Ennahda controls a majority of seats on the rights and liberties committee, it will have a difficult time obtaining the necessary 109 out of 217 total votes needed within the constituent assembly to pass the article. Ennahda holds 41 percent of seats in the current constituent assembly — enough for a plurality, but not enough to bulldoze an absolute majority of parliamentarians into voting for the law.”

More controversially, and questionably (given that the constitution will be the high law and the basis for all civil law, including the PSC), Marks argues the law will have no effect on women in Tunisia. “Even if the article does pass as it is currently formulated, it is unlikely to seriously undermine women’s current legal standing in Tunisia. The law does not contradict or negate Tunisia’s Personal Status Code — a landmark piece of legislation enacted in 1956 that continues to set Tunisia apart as the most progressive Arab country regarding women’s rights. The Personal Status Code prohibited polygamy and gave women the right to divorce.

Rached Ghannouchi, Ennahda’s party leader, rejects Marks and embraces the language of complementarity in a recent interview with Jeune Afrique:

The article on the Rights of the Child adopted by the commission rights and freedoms of the Constituent Assembly gives full powers to the family education and care. There he not a disengagement of the state?

Nothing replaces the family. The role of government is to ensure that the structure is preserved. There is no question of sacrificing children to improve economic productivity. By children, we take responsibility, we must assume until the end. The State must also assume its responsibilities by providing education and care for children. Must intervene. For example, you cannot ask a woman who has six children to go to work, it must be given the means to raise them. We ask a lot of women.

For women, another article considers the complement of man. No there not a decline in women’s gains?

This is a good project. Who can deny that the man and woman complete each other? The woman alone can do nothing, man either. The man and woman are independent but complementary as the two halves of a bean. There is no incompatibility between gender equality and complementarity. Everyone needs his half to flourish. But women are free and responsible, and they are equal to men. The prayer of a woman is not worth less than a man, they fast in the same way. They are equal under God and the law, the law of God and of men.

Tunisian militant Emna Mnif also counters Marks on the law’s potential impact, arguing that the article in question is a direct attack on the personal status code. Stigmatization of women and the personal status code, which Tunisia earned in the wake of independence in 1956, is nothing other putting into doubt the process of emancipation and modernization of Tunisian society which has been a societal model that has been the exception in the Maghreb Tunisian and Arab-Muslim world…It is an infringement of rights of not only Tunisian women, but also those of the family and, more broadly, a society that values the individual, regardless of gender or condition, (an individual elevated to the level of citizen, sovereign and responsible, placed at the center of the foundation of the democratic state.”

Mnif’s argument about the family and the individual is also a major concern of human rights activists concerning this language. Giving familial rights, as Ghannouchi notes in his interview with Jeune Afrique, emphasizes a family structure as the center of the society, subverting the rights of individuals.

Beji Caid Essebsi condemned the draft law and called those who would call into question women’s rights similar to animals.

Political party update 3: Nidaa Tunis welcomes Islamists, is denounced by CPR and Ennahda

Moderate Islamists would be welcomed in Beji Caid Essebsi’s party, according to a statement released by the state news agency. “Mohsen Marzouk (of Nidaa) says that discussions are underway between Nidaa Tunis and some moderate Tunisian Islamists. Marzouk said he did not see objection any to reconciliation (between the two fronts), especially as the new political party “is not based on ideological grounds and that” it is open to all national interests.” It is unclear whether any Islamists have joined the new party.

Meanwhile, two former CPR members in the Constituent Assembly officially announced their adhesion to Nidaa.

El Watan, an Algerian daily, sees progress in the secular camp. “A year and a half after the fall of the Ben Ali regime and eight months before the next elections, Tunisia is heading towards a reconfiguration of the unique political landscape that permeate everyday life. In politics, the Tunisian left is recovering after losing the elections of the Constituent Assembly on 23 October 2011. Aware of the stinging defeat suffered at the polls, the different formations that comprise the broad spectrum of the left seem to draw the right lessons and structure their ranks for the upcoming political battles.”

CPR secretary general Mohammed Abbou said in an interview on Tunisian radio that putting Nidaa Tunis in power would be a return to tyranny in Tunisia

Meanwhile, Rached Ghannouchi does not see the party as a true adversary of Ennahda because of the absence of a clear ideology. He went on to condemn the dictatorial practices of Tunisia’s first leader, Habib Bourguiba, still considered a hero to many.

The CPR’s spokesman, Hedi Ben Abbes, also questioned Nidaa’s ability to gain votes, saying that it has neither the strength nor the program to attract Tunisian voters.

Ennahda also blamed Nidaa for the violence in Sidi Bouzid. Leaders reports that “Ennahda sees the hand of “some familiar faces in the region in coordination with Nida Tounès as the arm of RCD, saboteurs, thieves, drug dealers and contraband alcoholic beverage sellers. The response of Beji Caid Essebsi party was swift: “These attacks against our party are free of charge (…) The brigands are closerto Nahdhaouis  than we are. We do not have militias, we do not insult anyone and we have no violence. It is inappropriate to describe this way the democrats, activists and human rights components of civil society who took to the streets to protest against repression and to defend their rights.”

Political party updates 1 and 2.

Political Party update 1: Marzouki shows independence, the CPR chooses its new leadership

I’m back from a little vacation and will be providing a series of updates to Kefteji over the course of the week. We start today with a continuation of my series on Tunisian political parties. Despite August holidays, Ramadan, and Aid el-Fitr, political wrangling continued in Tunisia in the month of August.

Today’s updates focus on the parties most in the news, the CPR, which held its congress this month, Ennahdha, and Nidaa Tunis. It’s interesting to note the discourse between these three elements as they position themselves ahead of the coming constitutional battles and next year’s elections. Smaller parties made few headlines, although rumors swirled over potential coalitions that have not yet seen the light of day. Given my lag in posting, I’ve separated out the main headlines into three parts. Click here for installments 2 and 3.

The CPR held its party congress this week. Highlights:

Marzouki angered his coalition partner, Ennahdha, with the following remarks, as reported in Jeune Afrique on Aug 25. “What complicates the situation is the growing sense that our brothers in Ennahda are working to control the administrative and political state,” the president wrote in the statement read by one of his advisers at the opening of Congress. “These are practices that remind us of the bygone era” of the deposed president, Zine el-Abidine Ben Ali, he said, denouncing “the appointments of Ennahda supporters in key positions whether they are competent or not.” In protest, several members of the government belonging to the Islamist party left the room, including the Minister of Human Rights, Samir Dilou, and the Interior, Ali Larayedh, according to an AFP journalist.

Some members of the CPR distanced themselves from Marzouki, while Ennahda criticized the president. “The discourse of Moncef Marzouki to the opening of the Congress of CPR is catastrophic,” said Taher Hmila on the sidelines of the congress from which he was excluded. He added that it was a contradictory discourse, sometimes calling the cohesion between the members of Troika and sometimes criticizing the coalition. Samir Dilou, Minister of Human Rights and Transitional Justice (and sometimes Ennahda spokesman, withdrew from the Congress, saying that there was an unjustified attack against the party Ennahdha.

Leaders argues that Marzouki’s strategy is a way to assure his reelection, distancing himself from Ennahda.

The highlight of the Congress for the Republic (CPR) congress held over the weekend has been the virulent attack by Moncef Marzouki against his Ennhadha allies he has accused of seeking to monopolize power…marking the tone for a political season that looks to be very eventful.

Marzouki had already launched his reelection campaign, in the spring, with a priority of trying to find the best way to keep the direct elections of the presidency, without having to seek the support of Ennahdha. The polls certainly give show his popularity, generated by its strong media presence…, and his frequent trips abroad… Without confusing notoriety, popularity, populism and, ultimately, the final vote, analysts know that the nature of the political system has not yet been set (presidential, parliamentary, mixed…) and the time that separates us from elections is likely to be extended until next summer, meaning that all calculations may lead to false speculation.

TAP, the Tunisian news agency, reports that “the CPR has announced its official position that it continues to support the maintenance of a presidential regime, although it noted that it will respect the position of its coalition partners.

The congress also named the new party secretary, giving insight into CPR’s internal politics. Liberation reports: “Maintaining Mohamed Abbou, 46 years as Secretary General of CPR seems to confirm this line (of criticism of Ennahda), the latter having resigned in late June the post of Minister of Administrative Reform, saying the Prime Minister Hamadi Jebali not let him exercise his prerogatives in the fight against corruption.”

Leaders has the full list of party leaders.

Meanwhile, Abderraouf Ayadi, former Secretary General of CPR said he is creating a new independent movement of the CPR to further strengthen the mechanisms of democracy.

See also political update 2 and 3.

Tunisia assembly defines woman as man’s associate, reactions from Tunisia

Perhaps we can blame it on the summertime; which is usual in its heat, but lately with an unseasonable mugginess. But the latest news from Tunisia’s constituent assembly has caused outrage for many here. At issue is constitutional article 27, passed yesterday in the committee on rights and freedoms, one of the six committees drafting the new constitution. As Tunisia Live states:

The article….states that women’s rights should be protected “under the principal of complementarity at the heart of the family and as man’s associate in the development of the country,” …It was approved by a vote of 12 to 8 by the Commission of Rights and Liberties, with 9 of those voting for the clause coming from Tunisia’s ruling Islamist party, Ennahdha.

After the committee passed the law, Tunisian lawmaker Selma Mabrouk went to Facebook to protest what she saw as a backward step for women’s rights, in this the country with some of the most liberal rights for women in the Arab world. Mag 14 writes:

Ms. Mabrouk has posted a text simply titled “Bad day at the commission rights and freedoms.” She stresses that “the problem is that this meeting served as a pretext to members of Ennahdha to return to the principle of equality between men and women, that principle was unanimously endorsed in the article 22.” Article 22 in states that “citizens have equal rights and freedoms before the law without discrimination of any kind.”

Mabrouk is arguing that even though another article in the constitution (#22) has endorsed the principle of equality, article 27 is a backdoor way to go back on what had been a campaign promise of Tunisia’s dominant party, Ennahda.

Tunisia analyst and blogger Thierry Bressillon looks at the text proposed by Mabrouk, which was not passed: “The state guarantees the rights of women and her achievements in every field. It is forbidden to enact laws that may impair (her rights or achievements) in any manner whatsoever. The state must fight against all forms of discrimination or physical or psychological violence against women.” comparing it to the text that was passed by the majority: “The state protects the rights of women and its achievements under the principle of complementarity with the man within the family and as a partner to man in the development of the country. The State guarantees equal opportunities for women in all responsibilities. The State guarantees the fight against violence against women.”

He adds: “The notion of complementarity raises strong emotions. It challenges the principle of equality which was until now the official doctrine in Tunisia and internalized by many Tunisians.”

Tunisian-American activist Wafa Ben Hassine confirms this sentiment in an article in Nawaat: “Of all aspects of the constitution that Tunisians were worried about, women’s rights was the last on many people’s minds – the gains that women have acquired in Tunisia are admittedly unmatched in the Arab world, and Tunisians are proud of that.”

Bresillon goes on to argue that the article conforms to many Islamist notions of feminism, which value the role of women, but reject the notion of equality as a Western import. I can’t speak to the Islamist notions of equality, but this is certainly the perception of Ennahda that many of Tunisia’s opposition members hold. This especially after the fact that Ennahda lawmakers this week also proposed a blasphemy law that would criminalize any blasphemous speech or actions, including the recent art exhibit which caused riots in Tunisia in June by Salafists. directed against the three main monotheistic religions. The new law was also widely criticized by human rights groups including Human Rights Watch:

 

While the blasphemy law is likely to have more widespread support in Tunisian society, which remains religious and conservative, it is unclear if the law on women’s rights will have the same support. Support for women’s rights has deep roots in Tunisia, not just because of the famous personal status code, put into place by Habib Bourguiba, but also from a deep intellectual tradition from Tunisian intellectuals such as Tahar Hadad, both of whom remain national heroes.

Recent polling by the Pew Forum has shown that many women in Tunisia are concerned over whether the ruling party would protect women’s rights, with over 36% of young women worried that their rights would be reduced. I’ll close with quote from Wafa Ben Hassine, who writes:

Putting aside the crude, incondite language the clause uses – an awful injustice is done to a whole society when the constitution of a country deems it apt to define a woman and her rights as complementary to man’s existence. The real debate should not be centered on women’s rights. Instead, it should focus on humancitizen rights. Relegating the woman’s role to complementary to that of a man’s could have serious effects on generations to come. The clause insinuates that women cannot stand alone as complete – that they are dependent on men.

 

[Finally, a note to readers, I'll be on summer holidays for the next couple weeks, more from Tunisia upon my return]

A glitch in Egyptian protocol or a purposeful humiliation? Marzouki’s trip to Egypt

Proper protocol: Tunisian president Habib Bourguiba being greeted by U.S. President John F Kennedy in New York in 1961. Photo courtesy of JFK Library.

Tunisian social networks have been abuzz today over President Moncef Marzouki’s visit to Egypt and the apparent lack of protocol provided for the Tunisia head of state. While newly elected Egyptian president Morsi held a joint press conference with Marzouki today and met with him privately, many commenters have been outraged that Marzouki was greeted not by Morsi, or the Egyptian prime minister (as had been expected), but by the relatively low level minister of electricity.

More abuzz came this afternoon as photos came out of Marzouki’s meeting with Morsi, in which contrary to usual protocol, only the Egyptian flag was on display (see photo below).Embedded image permalink

Of course, none of these events are happening in a vacuum. Marzouki has had a difficult few weeks with his presidential powers coming into question over the government’s apparent non-consultation with him over the extradition of the former Libyan Prime Minister Baghdadi Mahmoudi. Marzouki then proceeded to try to fire the Central Bank governor, a decision that backfired after the prime minister, Ennahda member Hamadi Jebali, reversed his position on the firing and refused to support Marzouki’s move.

Against these troubles for Marzouki, came the reports that Ennahda is pushing strongly in the Constituent Assembly for an unelected, figurehead presidency in the new constitution. This adds further fuel to the fire for those who think that the Islamist party is trying to diminish the role of the presidency for their own policy gains – this time through their counterparts in Egypt.

Can Essebsi’s ‘Call for Tunisia’ movement unite the opposition?

My new article in Foreign Policy is out. An excerpt below, the full article can be found here.

On June 16, Beji Caid Essebsi announced the formation of the Call for Tunisia — a provocative new initiative which aims to unite Tunisia’s non-Islamist parties in a national unity movement to counteract the ruling Islamist-led government. The Call is raising profound questions about the extent to which post-Ben Ali Tunisia should accept the inclusion of former regime officials in future administrations. At a time when many of Egypt’s former regime officials loom in the shadows, and Yemen has struggled with the legacy of its provision of amnesty to the former regime of Ali Abdullah Saleh, Tunisia may once again take the lead in confronting a major political dilemma in semi-revolutionary change.

The Call for Tunisia features a broad spectrum of former regime officials together with secular liberals. The former regime officials, or RCDists (from the Constitutional Democratic Rally), were excluded from running in the last elections and see in the new initiative a chance to revive their political prospects. (There was no such cleansing of the actual government administrations — only positions in the Constituent Assembly). These officials and their supporters oftentimes criticize the current government as incompetent and unable to manage the complexity of government. They try to deflect criticisms of the rampant corruption and stasi-like police state of the past, by pointing to the (very real) progress achieved under Bourguiba and Ben Ali. They cite statistics on women’s rights, improvements in education, and infrastructure development, and they compare Tunisia with its neighbors in the Maghreb and throughout Africa. Their motives are clear — keep the good and throw out the bad of the former regime.

Read the whole article here.

The strange constitutional crisis in Tunisia – Marzouki’s role in question

I’m on assignment this week, without time to post extensively, but I did want to draw attention to what appears to be a nascent constitutional crisis in Tunisia. The issue stems from the extradition last week of former Libyan prime minister Baghdadi Mahmoudi. While other news sources offer greater coverage of the crisis itself, one interesting aspect is the role of Moncef Marzouki, the Tunisian president. Since Marzouki took office he has been beset by chatter among the political classes that he is not up to being the president, and that he sacrificed his party for his own political gain.

The fact that he was excluded from the decision to extradite Mahmoudi only confirmed some of these prejudices against the president. Even to his supporters, the row has shown that he does not exercise the power of a chief executive who is supposed to be in charge of foreign policy. Marzouki has decided to fight this battle in the court of public opinion and he appears to have the support of a number of opposition politicians – who are nominally in opposition to his own party. Over 70 members of the constituent assembly voted in favor of no-confidence for the prime minister, Hamadi Jebali, who made the decision to extradite Mahmoudi. It is unclear what a vote of this nature would entail, as there is no functional constitution in place that would govern new elections. It is more likely that the opposition vote is simply a show of strength against the government for what they consider to be an illegal and unilateral decision.

One final note, Tunisia Live reports that Marzouki has even threatened to resign over the issue. While this is unlikely, the threat shows the very open fissures that have been created within the ruling coalition.

Ennahda statement on La Marsa artwork calls for criminal prosecution of artists

This afternoon Ennahda’s parliamentary group in the constituent assembly released a statement concerning the events of the last 48 hours, which began with a protest and the eventual destruction of numerous works of art deemed offensive to Islam. See my reports here and here. The statement, released by the TAP press agency (government’s official agency) states the following, emphasis mine:

“The Ennahdha Movement (parliamentary) group in the National Constituent Assembly (ANC) said Tuesday that it will propose a law criminalizing the violation of the sacred and will work to include in the Constitution a principle against interference with the sacred.

“Religious symbols are above any mockery, irony or violation,” the group said in a statement Ennahdha, whereas freedom of expression and creation, “although recognized by the Movement”, are not “absolute “and” those who perform them should respect the beliefs and customs of the people.”

Acts of destruction, vandalism and arson are, according to the press release, either “a false answer to secular extremism” or “part of a destructive process targeting the state and its legitimacy through attacks on its courts public administration.”

The Ennahdha group called on the authorities to “open a criminal investigation and to prosecute all those who are found to be involved in the violation of the sacred and destruction of property”.

It also called on Tunisians to not respond to calls for arson and destruction and to express their opinions within the law.”

Readers will note that Tunisia actually already has laws of this nature in its penal code (115), which has been condemned by groups including Human Rights Watch and Reporters without Borders. This has allowed recent prosecutions of those who have posted offensive pictures on Facebook and the translators of films featuring images that have been deemed offensive.

The statement was elaborated upon on the party’s Facebook page.

Constitution watch – Reaction and problems with the preamble

Last week the Constituent Assembly officially released the agreed upon preamble to the new constitution. Here are a few brief takeaways from its release.

1) It’s just a preamble. Constitutional preambles set the tone and background for a constitution, but they are rarely in and of themselves law. The preamble to the U.S. constitution is one sentence (54 words)(1). The French constitution is 100 words and two sentences(2). Even the UN, not known for its brevity, has a charter in bullet points of only 236 words.

The Tunisian preamble, on the other hand, runs 433 words (in English) and 8 paragraphs. It includes references to Tunisian history, Arab history, Muslim culture, the Palestinians, and the environment. The fact that the preamble took six months to draft, and the fact that it is a kitchen sink of ideas does not necessarily bode well for the timeline set out by the Constituent Assembly speaker Mustapha Ben Jafaar, who has promised that the document will be complete by October 2012.

Additionally, Constituent members took the not so humble step of honoring themselves in the first line. “We, the deputies of the Tunisian People, members of the National Constituent Assembly, elected through the merits of the Revolution of dignity, freedom, and justice”. It’s noteworthy in comparison to other constitutions, such as the U.S. and French, which make pains to show that the constitution itself emanates not from their leaders, but from the people themselves (“We the people”).

2) This is clearly a document of compromise. The length and wordiness of the document is no doubt a result of compromise positions within the Constituent Assembly. More conservative members were no doubt pacified by the document’s reference to the country being founded on the “fundamentals of Islam” – something that liberal Tunisians see as a back door to introducing Sharia law.

Meanwhile more liberal members will be happy with references to an “open and moderate” Islam based on its reformist movement. The latter is a reference to Tunisian intellectual theologians who in the early part of the 20th century helped provide a path toward a civil state through a more modern interpretation of Islamic theology. Contrast this with previous versions of the document that were released through members of the constituent assembly, which provided a much more bold references to Islam and the country’s Islamic identity.

3) The document is careful to avoid references to universal values or rights. While the document does endorse human and equal rights among Tunisians, it does not take the bold step of endorsing universal rights, such as the UN’s Universal Declaration of Human Rights. Many Muslim countries have refused to sign on to this document as some consider it to subjugate Islamic sharia to man-made rights. Liberals in Tunisia had hoped that the assembly would have taken this bold step which would have set precedents for the country’s judges to use as a basis for adjudicating rights claims. The document as is remains so vague that the constitution itself or the country’s civil code will have to set out exactly what rights will be considered fundamental.

4) The question of Palestine makes a not-so-subtle, and somewhat problematic, appearance. The document states that “individuals have the right to self determination, and for movements of justified liberation, at the forefront of which is the liberation of Palestine.” It’s a curious construction,  obviously based first and foremost by the motivation to include the populist sentiment to support the Palestinian cause. What’s interesting is the reference to self-determination, which is the legal basis for Palestinian statehood, in the absence of warfare. However, self-determination is also the basis for independence movements across the world, notably among Western Saharans in their dispute with the Moroccan government and in Berbers in Kabylie in Algeria. It will be interesting to see whether this clause will cause diplomatic problems for the government at the same time that it is looking to restart the cause of pan-Maghreb unity.

Finally it’s important to note that beyond calling for the separation of powers, the preamble does not provide for the system of government (parliamentary, presidential, mixed) or outline a “bill of rights”. These hugely important questions will be the subject of future debates at the Constituent Assembly.

Tunisia Live has translated an English version of the preamble into English, it can be accessed here.

For more on the constitution see also Alice Fordham’s article in the National and Thierry Bresillon’s excellent article in French at Rue 89, and Nadia from Tunis on her blog.

Previous Constitution watch can be found here and here.

1) We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

2) « Le peuple français proclame solennellement son attachement aux Droits de l’homme et aux principes de la souveraineté nationale tels qu’ils ont été définis par la Déclaration de 1789, confirmée et complétée par le préambule de la Constitution de 1946, ainsi qu’aux droits et devoirs définis dans la Charte de l’environnement de 2004.En vertu de ces principes et de celui de la libre détermination des peuples, la République offre aux territoires d’Outre-Mer qui manifestent la volonté d’y adhérer des institutions nouvelles fondées sur l’idéal commun de liberté, d’égalité et de fraternité et conçues en vue de leur évolution démocratique. »