Tunisia: 1 year on transitional politics at stake

The democratic transition and hand over of the rule in Tunisia in a peaceful way obsessed the Tunisians and political elites during the revolution of January 14 2011. The National Constituent Assembly emanating from the elections in October 23 2011, has been the first step in the creation of democracy in the country. It was assigned the task of choosing a legitimate interim government.    It was agreed on October 23, to be the deadline to declare the new constitution to the public, and to be the beginning of a new stage of a democratic transition such as setting a clear date for parliamentary, presidential, and municipal elections. During nearly a year, the beginning of the National Constituent Assembly, and all the positive and negative interactions between the various political blocs within it has affected the course of its proceedings and its main assignment of writing the constitution. The countdown has started and nearly two months left to October 23 2012, things are still blurry. There is no clear road map until now. After the recent statements by some members of the government, especially those who belong to “Al Nahdah Movement” (the Renaissance movement,) it is very difficult to finish the constitution before October 23. Some declared that the country entered into illegitimacy, and promoted through social networking sites to the necessity of taking action if there is no agreement. On the other hand, other parties adhere to other legitimacy that continues even after October 23 2012, according to their point of view. According to this, we presented the crisis of legitimacy in the country after that date, and the truth of the presence of this legitimacy legally, politically and publically. Arabstoday asked a group of politicians and citizens, and the answers were as follow: Mr. Mohammed Mzam who is the member national leadership in the Labour Party, says, it is impossible to finish the drafting of the constitution soon if the differences in it does not lead to disrupt its work. He added that it is clear that the current government is unable to accomplish the goals of the revolution and even run the country. He confirmed that this is due to the lack of any program, and its focus on tightening its control over aspects of the state and society. In addition to the  government’s control at the expense of the Constituent Assembly who are supposed to be in power, it makes the matter of legitimacy questionable. He confirmed that the legitimacy is not the legitimacy of the elections, but it is essentially the legitimacy of the willingness and ability to accomplish the revolution’s goals. He stressed that under this government, the country is moving towards the verge. According to him, the only solution is to change and replace it with another government that is capable of fulfilling the promises of a democratic transition. Our speaker said that the crisis is more political than legal. The decree passed the establishment of the Constituent Assembly and the drafting the Constitution within a year. However, the decree did not specify the period of the Constituent Assembly. The decree did not have a serious legal form as much as it enjoyed acceptance of all parties at the time. The country was complaining of a legal emptiness and absence of clear jurisprudential source after the Constitution of 1959 was abolished. Thus, the government and the Constituent Assembly must fulfil their promises to the people. He added that it is essential that the country's future does not remain vague, so we do not establish a new dictatorship, which  push the country towards the unknown, especially if the factors of social breakdown has begun to come to the surface. The Marwan Alngere who is member of the Political Bureau of the Arab Talea Party,  has recently declared its involvement in  the Popular Front. He confirmed that there the Constituent Assembly which  is very slow in the drafting of the constitution, while the government states the possibility of inability to complete the Constitution on time. The overlapping of roles condemned by the speaker,  is considered a threat to the process of democratic transition. He added that this overlap is clear and reflected in the inability of the Constituent Assembly to focus on democratic institutions, and this task is left to the government that led to the enlargement of the government’s role at the expense of the assembly. The government takes procedures or what it considers reforms that service a political agenda or its party Al Nahdah,  which disturbs the legitimacy, according to the speaker. This consequently led to the inability to form an independent board of elections, and the inability to establish a law that regulates the judiciary, and electoral law. In addition to the inability of taking strict measures,  there are issues of transitional justice, such as martyrs. These factors can make the illegitimacy of the government and the Constituent Assembly, according to the speaker. The speaker revealed that the Popular Front is seriously working and has occupied a document that proposes solutions to the crisis of legitimacy. However, he refrained from declaring the details of this document until the time is suitable. The head of the Socialist Left Party, Mr. Mohammed Kilani, said that the situation cannot be addressed by the law, but by reconciliation. The issue is ethical and political. The Constituent Assembly can continue for five years because there is no legal obstacle. We are not talking about a legal crisis of legitimacy but crisis of confidence that could lead to the breakdown of the legal fragile legitimacy, if met with popular rejection. He concluded by saying that October 23 2012, is a symbolic date and there is no harm for the work of the Constituent Assembly and the government to continue after this date, provided that the political promises are met before that date. This is according to the principle of consensus in order to reassure the Tunisian people. The deputy in the Constituent Assembly, Lobna Al Gareby of Al Takatol Party (bloc party) said that it is impossible to abide to October 23, in order to finish drafting the Constitution and the work of the constituent Assembly, as its actual work started in last February, adding that the crisis of legitimacy is made by political parties in order to escalate the political conflict. Mr. Mouldi Fahem, a member of the Political Bureau of the Republican Party says that there is no alternative to consensus among the various parties. He added that it is wise to calm the situation to avoid any threats to social peace in the country. In the same context, he said: “We have to pay attention to the upcoming period, as it is a critical stage and must refer for reconciliation of the national interest.” He said that the Republican Party, called for discussing this issue. He ended his words, by expressing his optimism and confidence in the ability of the Tunisian people to overcome this important transitional period in a civilised manner and far from violence. The statements of Shokri Belaid who is the Secretary General of the National Democratic Party, was the most violent and most feared, since the unification conference of the party. He accused the government and the Constituent Assembly of stalling. He went to the extent of accusing them of betraying the goals of the revolution. However, he did not show a clear stance concerning the upcoming crisis of legitimacy. He revealed that the party's stance will be within the framework of discussions with the Popular Front. He declared the intention to start parallel consultations with the Republican Party,  the Social Democratic path, and the movement of Tunis Appeal, in order to coordinate the communication and the negotiation between these various political sides.