Tunisian revolution and the political situation under Ben Ali

The current political situation in Tunisia is the result of the popular unrest that erupted in the first half of 2011 after a young man set himself on fire in Sidi Bouzid on 17 December 2010. Before the popular uprising and Tunisia’s legislative elections of 2011, the country underwent a long period of authoritarian rule. The frustration of the man concerning the high unemployment rate, living conditions, the economic situation and annoyance with the ruling elite was shared by many Tunisians. Demonstrations occurred around the country for weeks and resulted in the ouster of President Ben Ali on 14 January 2011. Fouad Mebezaa, the speaker of the Tunisian parliament, was sworn in as the country’s interim president on 15 January and on 17 January a new government was formed by Prime Minister Mohammed Ghannouchi. It is said that over 338 people were killed during the Tunisian uprising.

New election law

The new law, issued in September 2022,  prevents anyone who has ever been charged with a legal violation from running. This comes as Saied’s government has initiated harsh crackdowns on his political opponents, accusing many of them of electoral crimes. With Saied’s recent, widely condemned decree that criminalizes the publication of fake news or rumours, it opens the door for Saied to prevent anyone who has criticized him from seeking office. The law also gives the government the power to strip legislators from their offices and from candidacy for life if they are found guilty of receiving illicit donations. Saied has accused several of his political opponents of receiving such donations. The new law also replaced the proportional representation system with voting in single-members districts. Additionally, the law imposed new requirements on candidates and eliminated public funding for campaigns, removed a ceiling on private fundraising, and revoked prior laws promoting gender parity and youth representation on electoral lists. Finally, the decree ramped up punishments for vaguely defined “electoral crimes,” including receiving illegal donations or “intent intentionally exploiting another candidate’s honor or familial or geographic affiliation.”

Lack of a Constitutional Court

Between the 2011 revolution and President Saied’s seizure of extraordinary powers in 2021, elected officials took steps to institutionalize an independent judiciary. Legislation adopted in 2016 established the High Judicial Council (HJC), a body tasked with ensuring the independence of the judiciary and appointing a third of the Constitutional Court judges. Council members were elected that year by thousands of legal professionals. However, governments and lawmakers repeatedly failed to establish the Constitutional Court as envisioned by the 2014 constitution; its role would have been to evaluate the constitutionality of decrees and laws. The absence of such a court became especially problematic in 2021, as there was no authoritative mechanism for assessing the constitutionality of Saied’s emergency measures. While the new constitution preserved both an HJC and a Constitutional Court in name, it granted the president final authority over judicial appointments following nominations by the HJC, whereas the 2014 charter had made the HJC’s appointment recommendations binding on the executive. In addition, the new constitution removed a clause of the 2014 constitution that granted the Constitutional Court authority to rule on the extent of the president’s power.

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President Saied’s election as a turning point

After President Beji Caid Essebsi passed away in 2019 a new president was chosen in October of that year, law professor Kais Saied. A month later Tunisia also held parliamentary elections that led to a four month long political crisis over the formation of a government. After the elections, the biggest party Ennahda put forward a prime minister from its own ranks, namely agricultural engineer Habib Jemli. In January 2020 Jemli proposed a cabinet made up of independent technocrats in a bid to satisfy the population who had continuously protested against the deteriorating conditions in the country. However, this proposal was rejected by parliament, with only 72 of 217 sets backing it, including by Ennahda’s potential coalition partners. Ennahda was therefore forced to compromise.

It was then up to President Saied to choose a new candidate for prime minister. He chose former finance minister Elyes Fakhfakh, linked to the Ettakatol party, on the 20th of January 2020, hoping that his economic background would help save the worsening economy in the country. However, in July 2020, he resigned in the wake of controversy regarding alleged conflict of interest with company shares he owned. This has never been proven though and in 2022 his name was legally cleared. From September 2020, Tunisia’s new prime minister was the independent Hichem Mechichi. As Saied, he had no previous experience in politics and initiated the formation of another cabinet made up of independents. However since then he has come under more pressure from parliament though, who have raised their price for support, demanding more representation.

As a result, without the consent of President Saied, Mechichi reshuffled his cabinet in January of 2021. Four ministers considered loyal to President Saied were replaced. The largest party in parliament, the Ennahda movement, had been most vocal pushing for a cabinet with more “political colour”. President Saied was not amused by Mechichi’s decision and  called the reshuffle unconstitutional. Whether Saied is correct in saying this cannot be decided though, because Tunisia still lacks a full-functioning Constitutional Court, which was created in 2014. Parliament had for years been unable to appoint three judges. When it did so in April of 2021, Saied refused to accept the appointment of the judges, illustrating how Tunisia’s power struggles between the president, prime minister and parliament have led to a political deadlock. Tunisia is struggling in an economic crisis, which was only worsened by the COVID-19 pandemic. As a result, in the beginning of 2021 protests erupted, and have been ongoing, in multiple Tunisian cities. People are disillusioned by the political process, which in their eyes was transformed by political parties into a clash of ambitions and personalities.

Saied’s July 25 “self-coup”

Events really unfolded on July 25, 2021, when President Saied dismissed Mechichi and ended the activities of the Tunisian Assembly under Article 80 emergency powers under the constitution. Saied said to take this decision after fierce protests against Ennahda, economic problems and an enormous surge in coronavirus cases that had rocked the country’s fragile healthcare system. Political parties in the Assembly reacted furious to Saied’s actions to suspend parliament and asked their supporters to rally against Saied. In response to the fierce protests, Saied imposed a month-long curfew from 26 July onwards. On 24 August 2021, Saied said to extend the period of “extraordinary measures” until further notice, which stopped in late August 2022.  Meanwhile, various activists and journalists were arrested and prosecuted for comments against Saied, starting a period of severe crackdown on civil society in Tunisia. From 25 July onwards, Saied started ruling by presidential decree, completely sidelining Tunisia’s parliament.

President Saied has defended his actions by saying that they are needed to address a crisis of political paralysis, economic stagnation, and a poor response to the coronavirus pandemic. He has promised to uphold rights and not become a dictator. Nevertheless, critics are sceptical of these promises, and domestic pressure has been mounting.

On 22 September, Saied signed a decree that gave him extensive presidential powers, such as directly making changes to Tunisia’s constitution and parliament, giving him the power to dissolve parliament. Meanwhile, the crackdown on Tunisia’s civil activists and post-2011 institutions continued. Two prominent members of parliament, Faycal Tebbini and Seifeddine Makhlouf, were jailed and the freedom of various judges was severely restricted. The repression on journalists has been severe. After July 25, arbitrary detention, judicial prosecution and illegal censorship has been documented widely. On September 29, Saied appointed Najla Bouden as Tunisia’s new PM and gave her the mandate to form a new government. Bouden is the first female PM in Tunisia and the Arab world. On October 11, a new administration commenced under her lead. The Bouden-administration seemed largely symbolic, as legislation cannot pass the suspended parliament.

Whereas Saied had provisional support in Tunisia on the eve of his coup, this support had now deteriorated. The economic crisis seemed only to be worsening and Saied had been unable to present any perspective to the future. The powerful labor union UGTT called for early elections in December 2021. It had previously supported Saied, but said that concrete reform was taking too long. On the 13th of December President Kais Saied announced a new set of measures: a referendum on the constitution will be held on July 25th 2022, followed by parliamentary elections on December 17th 2022.

Towards the July 25 constitutional referendum

Despite Saied’s framework towards 2022 elections, the situations kept escalating towards authoritarianism. Various civil society organizations united and public opinion turned against Saied and protests against the president’s power grab became more frequent. At a violent crackdown on protests on January 14, 2022, 57-year old protester Rhida Bouziane was killed, only increasing the social unrest surrounding Saied’s policies. Oppositional parties and civil society organizations also started to work together to mobilize a united political front against Saied under ‘Citizens against the Coup’.

Meanwhile, an online consultation process had commenced on January 15, 2022, in which Tunisians can participate in shaping political reform. From Jan. 15 until March, Tunisians can voice their opinion on six topics. Saied has hailed it as a success, and 100,000 allegedly joined. The consultation process seems problematic, as one-third of Tunisians have no internet access. Furthermore, it is marred in privacy issues. Lastly, Saied has the final say in the constitution, as he appoints the commission responsible in drafting it.

On February 7, president Saied has dissolved the Supreme Judicial Council (CSM). The CSM was installed in 2016, and oversees the independence of Tunisia’s judicial system. Saied accuses the council of corruption, noting it ‘‘sells positions, appointments according to affiliations’’ and that ‘’you cannot imagine the money that certain judges have been able to receive, billions and billions’’. Activists and international observers had denounced the suspension of the CSM. Saied afterwards said he will establish a new CSM, which he will appoint. On February 24, Saied said he intends to ban foreign funding for domestic civil society organizations because he wants to “end foreign interference”.

New developments followed in March 2022, as Tunisia’s speaker of parliament Ghannouchi said he wanted to hold two sessions of Tunisia’s suspended parliament, defying Saied. In reaction, the president – further cementing the belief that he is working towards implementing authoritarian rule – completely dissolved parliament. Political parties and civil organizations reject the dissolvement, many of which also say to boycott the July 25 referendum. On the Tunisian streets, protests against Saied intensified as many defy the ban on gatherings – this was especially visible later on May 15 when thousands of Tunisians took to the streets to protests against Saied.

More unilateral decisions by presidential decree follow suit. On March 6, Saied changes the electoral law – parliamentarians will not be elected in two rounds and individually rather than by list at the December 17 polls. On March 22, he takes control over the electoral commission, replacing all members. In May, Saied commenced his ‘national dialogue’ on the constitution after ending the online consultation process. Almost all civil society organizations and political parties have rejected participation in this dialogue, citing the complete control of Saied over the process and its outcome.

On June 1, Saied sacked 57 judges, massively harming Tunisia’s judicial independence again. Massive protests followed, and the

Tunisian judiciary issued a one-week strike. In January 2023, parliamentary elections were held. It was boycotted by almost 90 percent of voters after the opposition and critics accused him of trying to silence his political opponents. Only, 11% of the electorate voted in the parliamentary elections.

In February 2023, thousands of trade unionists held protests across the country over the worsening economic woes and the arrest of top union official, Anis Kaabi. In March, dozens of public figures, including politicians, protest organizers, lawyers, judges, union officials, the head of an independent radio station and business leaders, were arrested in often violent night time raids. This has led to protests across the country during growing fears of a return to autocracy. The police arrested dozens of prominent members of the opposition, most of whom have ties to the coalition of parties and protesters who protested. The arrests have included politicians from Ennahda, the largest party in the now-closed parliament, leaders of a protest group, the head of Tunisia’s main independent media and a prominent businessman. The regime has justified these actions by accusing those arrested of various crimes, including manipulating the market, creating food shortages and conspiring against the state. The Saied government is thus explicitly trying to blame critics for Tunisia’s poor economic state.

In April the crackdown continued with the arrest of opposition leader Rached Ghannouchi, who is a fierce critic of President Kais Saied. He got sentenced to a year in prison on charges of incitement, which stems from a funeral speech he gave last year for a member of his Ennahda party where he said the deceased “did not fear a ruler or tyrant, he only feared god.” He is also accused of plotting against state security along with other detained opposition figure who accuse Saied of a coup for shutting down the elected parliament and moving to rule by decree. In late May, a Tunisian judge opened a new investigation into political figures on suspicion of conspiring against state security. The 20 people accused in the new case include the main opposition leader Rached Ghannouchi, former prime minister Youssef Ghahed and Saied’s former chief of staff Nadia Akacha. The list also includes a former mayor of a Tunis district, a former military officer and a freelance journalist.

In August 2023, Prime Minister Najla Bouden was fired without explanation and replaced by former central bank executive Ahmed al-Hachani. Bouden was the first women to head a government in Tunisia. No official explanation was given for her dismissal, but several Tunisian news outlets reported about Saied’s displeasure over shortages, particularly the lack of bread in state-subsidised bakeries. Bouden’s government was not able to make progress on the economy and prices of basic commodities like bread, sugar and rice skyrocketed.

A timeline of events since July 25

IMF bailout

The prolonged political crisis, the persistent economic instability, increased social tension and high unemployment caused Tunisia to ask the IMF for a four year program (the Extended Fund Facility) to support their economic modernization plan, the country’s development model and help reduce existing vulnerabilities. The COVID-19 pandemic only made the structural problems the country is facing even more apparent, so in April 2020 the IMF Executive Board approved a $745 million disbursement to Tunisia to address the Corona crisis. A couple of months later in June 2020 the IMF also approved a four year loan of $2.9 billion to support the authorities’ economic agenda aimed at promoting more inclusive growth and job creation, while protecting the most vulnerable households. During 2021-2022, the economic situation deteriorated further due to Saied’s power grab and subsequent increasing international isolation. Tunisia remains in talks with the IMF, as with other parties such as Saudi Arabia and the UAE for an alleviation of its economic needs However the talks are stalled over demands to restructure public bodies and lift subsidies on basic goods. On June 8, the parliament approved an agreement for the country to obtain the loan worth half a billion dollars. However, Saied proposed taxing the country’s wealthiest citizens to avoid bowing down to foreign lenders.

Gender representation and women’s rights

Tunisia is often said to be the most progressive Arab country in terms of women’s rights. In fact, female representation in parliament has risen to 31% since 2011, but declined in 2022 to 26%.. The constitution of 2014 not only grants equality of men and women but also includes a “guarantee of equality of opportunity” and aims “to achieve equal representation…in elected councils” in article 46, stating clear goals. However, with the implementation of the new electoral law in 2022, eliminated the principle of gender parity in elected assemblies. The new law strips gender parity provisions from a previous electoral law, although Tunisia’s new constitution explicitly upholds this principle.  In 2017 two further laws, which strengthened women’s rights, passed the parliament. Since June domestic violence has been criminalized and Muslim women are able to marry non-Muslim men (interfaith marriages), which according to Islamic law, is not allowed.

Additionally, the parliament abolished a reform which would have allowed rapists to escape punishments by marrying the victim.

However, progress has its barriers in Tunisia. Men are still considered to be the one who takes care of the family and its finances, although a growing number of female workers has been entering the labour market. Restrictions come from the rulings of the Islamic law, highly influential religious institutions and most importantly society itself. Former president Beji Caid Essbsi’s steps towards giving women more rights (mainly to show the world how modern Tunisia is), have been heavily criticised as “state imposed feminism”. Many say that the government is touching Tunisian cultural roots and strongly oppose new laws like the inheritance law, granting women the same amount as men.

LGBTI rights

The LGBTI community continues to suffer on Tunisia’s religion based laws. Protests for more rights of LGBTI groups have been shut down for various reasons. Hate speech in public media is very common and government statements on the situation are very rare, although discrimination from TV stations and news agencies is forbidden. Homosexuality remains illegal and punishable in Tunisia under article 230 of the penal code. Critics have been repeatedly saying that article 230 violates constitutional rights such as equality before the law (article 21) and personal privacy (article 24).

The most recent improvement in Tunisia was the founding of the region’s first queer radio station ‘Shams’, which against many death threats, still broadcasts on the daily lives of LGBTI individuals. When in 2019 LGBTI activist Mounir Baatour announced he would be running for president, he became the first openly gay presidential candidate in the Arab world. Despite progress in such areas, in 2020 LGBTI people continued to be arrested on the ground of same sexual relations, referred to a “indecency” and “offensive to public morals”. Cross-dressing is not illegal, but transgender people and gay people are can be accused of violating Article 226, that considers it as “outrages against public decency”. Moreover, even though the UN’s proposal to end anal testing was accepted by the Tunisian government, it has not taken steps to live up to its promises.