The Fruits of Tunisia’s Uprising: An Extraordinary Constitution
Before the Arab Uprisings a narrative almost as well known as Shakespeare’s Romeo and Juliet was indoctrinated into the minds of many US and European citizens; the claim that Arabs and Muslims were inclined to tyranny and dictatorship. Columnist David Brooks of the New York Times encapsulated this frame of mind, about Egyptians he wrote, “they don’t have the mental ingredients for democracy.”
Islamophobes were appalled by the uprisings which saw their myths and prejudices regarding “subservient” Arabs and Muslims who either “only know dictatorship or theocracy” fall apart. Bigots such as Deacon Spencer were quick to claim that these nations would quickly be living inIranian-style theocracies.
While the uprisings and revolutions have faltered or are continuing at varied paces in most of the nations that have seen uprisings, the country that birthed the momentous wave of protest and upheaval, Tunisia, has achieved a tremendous milestone: a Constitution through consensus and hard, political work.
Tunisia was well placed for this achievement, considering its history of Constitutionalism,
“Tunisia was the first Arab country ever to draft its own constitution – the qanoon al-dawla al-tunisiyya, or ‘law of the Tunisian state’ – which came into force in 1861.”
The process took two years, every jot and tittle was fought over and at times the impasse between the secularist opposition and the Ennahda led government seemed to be teetering on the brink of disaster and all out chaos: a happy prospect for those who have a seething hate for Arabs, Muslims and Islam and cheer on whenever they see disorder.
The naysayers were disappointed when the Ennahda led coalition and Nida Tounes negotiated a deal under the auspices of civil society organizations that paved the way for: a resignation of the government, a completion to the Constitution and an interim care-taker government of technocrats until fresh elections will be held later this year.
So what happened when Tunisia passed its constitution? Wallah! The praise has come in from all quarters: The New York Times, France24, The Economist, The Washington Post, Fox News, etc. had forgotten their age old prejudices and “congratulated” Tunisians.
Equally as important as the Constitution is to Tunisians it is also an example to the nations in the region. It shows that if one is ready to negotiate, compromise, to see beyond the simplistic demonizations of one’s opponent, you can overcome religious, ethnic, ideological and political divisions.
The outcome is a document that the vast majority of Tunisians have unanimously accepted and, crucially, has popular legitimacy.
The document isn’t perfect and contains some self-contradictions that highlight fissures and insecurities in Tunisian society. For instance what does it mean to protect ‘freedom of conscience and speech’ and at the same time outlaw takfir (declaring a Muslim to be a non-Muslim)? What does it mean for the state to ensure the “neutrality of mosques” and “protect sanctities?”
On the other hand it is a document that is confident in its identity, history and heritage, enshrines freedom of religion, conscience, individual rights, minority rights, gender parity, and a separation of powers.
It rivals any constitution in ambition and scope, and is more progressive in several ways than our own 226 year-old US Constitution that still contains outdated language stating for instance that slaves are the equivalent of “3/5ths” of a full vote. A few years ago the Congressional reading of the Constitution omitted this section which caused some right-wingers, like Glenn Beck, to throw a fit. Maybe it’s time we had another Constitutional convention ourselves?
The future for Tunisia is still wide open and by no means have Tunisians arrived at a moment in which the aims of their uprising have been fully realized,
Measured against the aims of the revolution, the constitution can be said to have met a number of key expectations. But for those in the marginalized parts of the country, seeking tangible improvement in their social and economic situation, the constitution is not going to do that-not immediately at least-and, in truth, does not guarantee it on the long-run. The state, in Article 12, promises no more than “striving to,” rather than the much demanded “commits to” achieve regional balance within the framework of positive discrimination.
The hope is that the spirit of negotiation, determination and compromise will continue until those aims are reached. However, what can be said is that despite tremendous pressures from the West, regional neighbors and fissures within Tunisian society, Tunisians have made it happen — and that is something not only to congratulate but to emulate.
Video: Tunisia Gets New Constitution