The European Commission for Democracy through Law points to the absence of clear and well-established rules on the modalities and consequences of holding this referendum, scheduled for July 25
The Venice Commission, the Council of Europe’s advisory body on constitutional issues, said on Friday that it was unrealistic to hold a credible and legitimate referendum on a new constitution in Tunisia on July 25, 2022.
This is what emerges from the “Urgent Opinion” issued on the constitutional and legislative framework concerning the referendum and the elections announced by the President of the Republic Kaïs Saïed and in particular on Decree-Law No. 22 of April 21, 2022, amending and supplementing the Organic Law on the Independent High Authority for Elections (Isie), published by the European Commission for Democracy through Law and viewed by Anadolu Agency.
The Venice Commission based its opinion on the question of the referendum on “the absence – two months before the scheduled date of the consultation – of clear rules established well in advance on the methods and consequences of holding this referendum, especially in the absence of the text of the new Constitution which will be submitted to the referendum”.
The advisory body of the Council of Europe, recommends in this sense, that “before any constitutional referendum, legislative elections should be organized as soon as possible, in order to restore the existence of the parliamentary power which disappeared since the suspension than the dissolution of the Assembly of People’s Representatives (ARP-Parliament)”.
She further explains that if the electoral law is amended before the legislative elections, “a broad consultation of political forces and civil society should be carried out in order to reach a consensus on the new electoral rules”.
The Venice Commission has also stated that Decree-Law No. 2022-22 of 21 April 2022 amending and supplementing the Organic Law on the Independent High Authority for Elections (Isie) is not compatible with the Constitution or with international standards, calling for its repeal.
The repeal of the decree-law in question “is essential for the legitimacy and credibility of any electoral or referendum process”, declares the European Commission for Democracy through Law, which is of the opinion that “Elections should be organized by Isie in its composition prior to Decree-Law No. 2022-22”.
The decree-law amending the organic law and the composition of the Independent Higher Authority for Elections was promulgated on April 21, 2022, by Kaïs Saïed and published the next day in the Official Journal of the Tunisian Republic (JORT).
By virtue of this decree-law, the President of the Republic appoints the seven members of Isie.
Isie is a constitutional body that has organized and supervised the elections in Tunisia since October 2011. The council of Isie was previously composed of nine “integrated, independent and competent” members, elected by a two-thirds majority of the members. of the Legislative Assembly by uninominal secret ballot in successive rounds until full composition. The mandate of each member of the Isie Council is set at a non-renewable six-year term, while the renewal of the composition of the authority’s council is done by thirds every two years.
On 27 April 2022, the European External Action Service (EEAS) through the European Union Delegation in Tunisia requested an urgent opinion from the Venice Commission on the constitutional and legislative framework regarding the referendum and the elections announced by the President of the Republic Kaïs Saïed, and in particular on the decree-law n° 2022-22 amending and supplementing the organic law on Isie.
The Tunisian president had published late Wednesday, a decree summoning voters to a referendum on a new Constitution on July 25, according to the Official Journal of the Tunisian Republic (JORT).
Last Friday, Saïed appointed law professor Sadok Belaïd to head an advisory committee responsible for drafting a new Constitution for a “new Republic”.
The process initiated unilaterally by the tenant of Carthage came under criticism from the main Tunisian political parties, who announced a boycott of this referendum.
The Tunisian opposition accuses Saïed of “authoritarian drift” and of wanting to “establish a plebiscite regime”, which ignores calls from his opponents to reverse this controversial measure.
