Yadh ben Achour is one of Tunisia’s best known political philosophers. A lawyer by training, his academic work has focused on constitutional law and the role of Islam in a modern democratic state. He is best known for his leadership of Tunisia’s High Commission for the Transition which guided the government’s work and oversaw last October’s elections. You can read more from his bio at Tunisia Live.
Although criticized by some for being too secular, he is generally considered to be a highly respected jurist and his recent interview in La Presse is a must read for its clarity on the political situation. Some excerpts from the interview:
On whether Tunisia’s current situation meets expectations: Yes and no. Yes, insofar as Tunisia is in the midst of a democratic age of rare intensity. Yes, insofar as the strength of democratic civil society is undeniable, forcing governments to be more modest. No, because this period, without a constitution, without a permanent government, has become too long…the longer the transitional period is lengthened, the more dangers proliferate.
On the public debates taking place and Turkey: Everything we’ve done so far has been a waste of valuable time in lamentable and ridiculous discussions about female circumcision, the niqab, Sharia, the caliphate, and other dreams and utopias which all proceed from thoughts which will never be realized. It was these very thoughts that were once the fundamental causes of the general decline of the Muslim world. Turkey, ruled by an Islamic-oriented party, is admired not because it applies Sharia, or agrees with Salafism, or is inspired by the somber niqab for its fashion. The reasons for its success comes from the fact that they lead a secular state, which has achieved an economic growth rate well above 7% and is led by a competent government.
On the current government: For now, what we should avoid is harassing the government critics through impromptu or unjust attacks. But the government must, in turn, avoid blunders or improvising its actions. We need better coordination between the three heads of state. I will not go further in my criticism. I would say, however, that some ministers and secretaries of state, notoriously incompetent, are really not in their place and are sources of problems. I think that there should be a ministerial reshuffle urgently to get rid of some ministers and secretaries of state whose capabilities are extremely limited.
On the consolidation of political parties: What we observed during the elections of October 2011 is a certain lack of rationality, because of fragmentation and the number of political organizations, whether partisan or independent, and the phenomenon of lost votes. Remember that in some electoral districts, voters were forced to choose between 95 lists, which is an aberration. For future elections, therefore, we must first enter into cycles of consolidation among various political parties belonging to the same ideological family. This is what is happening now.
On the government response to security and justice: [The government’s actions on] security and justice give a clear impression of working under the inspiration of the principle of a double standard. From the case of Nessma TV to the recent sentencing of young activists on Facebook sentenced to seven years of prison by the trial court of Mahdia or the repression of the demonstration by unemployed young people on Avenue Habib Bourguiba, despite the ban, to the case of the newspaper “Atounisia”, or the aggression against the journalists Ben Hamida Soufiane and Zied Krichen and Professor Hamadi Redissi , or in the case of the national flag being insulted and defamed at Manouba, justice, every time, proved extremely harsh vis-à-vis the movement of intellectuals or artists of democratic and secular modernists and extremely soft or extremely slow, vis-à-vis the Islamists and Salafist movements of all sizes. All these events leave, objectively, the impression that the state is biased, which is a very bad sign. I’m not trying to judge intentions. They may be good. I describe a fact of opinion, an objective fact. It is true that the reaction of the interior minister, and Mr. Rached Ghannouchi, against the Salafists, tried to reassure the public. This is a good step. But we expect concrete action.
On the nature of the new constitution: Most important in our draft constitution is not about the nature of the regime. On this point, we must rely on the wisdom of the National Constituent Assembly. The real goal will be manifested through a declaration of human rights in the body of the constitution, then by the general principles of state organization which aim to ensure the neutrality of the administration, the separation of politics and religion, very strict control and management of public funds.