Monday, January 06, 2014

Tunisia MPs reject Islam as main source of law

Tunisia MPs reject Islam as main source of law

January 6, 2014
Paush Shuklapaksha 5, Kaliyug Varsha 5115
Tunis (Tunisia) : Tunisian lawmakers rejected Islam Saturday as the main source of law for the country that spawned the Arab Spring as they voted for a second day on a new constitution.
The voting comes amid concerns that a January 14 deadline for the new charter’s adoption may not be met because of disruptions and the slow pace of deliberations.

It was on January 14, 2011, that ousted dictator Zine El Abidine Ben Ali and his family fled the country for exile in Saudi Arabia.

The National Constituent Assembly adopted Article 1 of the draft constitution, establishing the country as a republic and Islam as its religion  but rejecting amendments that the Koran be the main source of law.

“Tunisia is a free, independent and sovereign state. Islam is its religion,  Arabic is its language, and it is a republic. It is not possible to amend this  article,” the article reads.

The article, a compromise between the Islamist Ennahda party, which heads the outgoing coalition government, and the secular opposition, was adopted by 146 votes out of the 149 ballots cast.

Lawmakers rejected two amendments, one proposing Islam and the second proposing the Koran as “the principal source of legislation”.  

Mohamed Hamdi of the small “Current of Love” party defended Islamic law, saying it would give “spiritual backing to all rights and liberties”.  

But a secular assembly member, Mahmoud Baroudi of the Democratic Alliance, called the proposed amendments “against modernity”.  

The assembly also adopted Article 2 — which again cannot be amended — on  the establishment of a “civil state based on citizenship, the will of the  people and the rule of law”. Approving the new constitution would be a crucial democratic milestone.

Its adoption would end months of political crisis and further distance  Tunisia from the chronic instability plaguing other countries in a region  rocked by regime change.

Friday’s first session resulted in lawmakers approving the title of the  charter, by 175 votes out of the 184 MPs present, and the first three  paragraphs of the preamble.

They have to scrutinise the 146 articles finalised in June and some 30 key  amendments.

Assembly speaker Mustapha Ben Jaafar adjourned Saturday’s session for a  while after a leftist member started shouting, demanding that he be allowed to speak.

Rowdy scenes on Friday sparked concern in the press that the deadline may not be met.

Leading Francophone daily La Presse cited disputes, interruptions and procedural problems.

“Tunisians who expected to see scenes of solemnity as the constitution was being discussed” were disappointed, it said, by “a wild arena in which every  cheap shot is permitted”.

Arabic-language daily Attounisia said the assembly had already “wasted a lot of time writing the new constitution”. “Other obstacles will certainly appear, making the birth of the new constitution painful,” it predicted.

The Maghreb daily retained some optimism, but also thought the deadline  would come and go.

“All members of the assembly appear willing to complete ratification of the  constitution in a timely manner, but political will alone may not be enough,”  it said.

Elected in October 2011, the National Constituent Assembly was due to have  drafted and adopted the text within one year.

But the process was heavily delayed by deep divisions between Ennahda and  the opposition, aggravated by a rise in attacks by Islamist militants and  sometimes violent social unrest.

The deadlock, which became a full-blown crisis with the assassination last  July of an opposition MP by suspected jihadists, paralysed political life.

Ennahda and the opposition negotiated a series of compromises during  intense negotiations aimed at securing the approval of two thirds of the  assembly’s 217 elected members needed for the constitution to be adopted.

In the absence of such a majority, the new constitution will have to be put  to a referendum.

Ennahda, which has been sharply criticised for failing to rein in Tunisia’s  jihadists, agreed in October to step down as part of a political roadmap  brokered by mediators.

Prime Minister Ali Larayedh has said he is prepared to step down as long as  the new constitution and electoral law are introduced and an electoral  commission is in place so elections can be held next year.

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