That partly explains why some of the 1959 constitutions provisions were reproduced verbatim in. Tunisia became a french protectorate in 1881 and remained under french rule until march 1956 when it gained independence, followed by the promulgation of a new constitution on 1 june 1959. In 1987, bourguiba was deposed by his prime minister, zayn alabidin bin ali ben ali. All structured data from the file and property namespaces is available under the creative commons cc0 license. Its religion is islam, its language is arabic and its type of government is the republic. Promulgate the following constitution of the republic of tunisia, the content of which.
I have rendered a free translation from the arabic. Right to privacy every citizen has the right to choose their place of residence, to free movement. It wis no till 30 juin 1999 that its proportions an design wur clearly specified in law. In this article, political terms, whenever ambiguous, have been translated in light of the french terms that inspired their use. It provided for the free exercise of beliefs and equality for all. Files are available under licenses specified on their description page. Constitutions tunisiennes comparees watching tunisia. In the previous constitution, enforced after the countrys independence since 1959, article one stated as follow. By womens rights, we mean womens rights in the law as it concerns personal status and family law. This page was last edited on 24 november 2016, at 17. Womens political participation in tunisia nihel ben amar1. Tunisias repressive laws 2 manner prejudicial to the enjoyment of human rights.
Constitution of tunisia, 1959 wikisource, the free. In tunisia, the rights to association and assembly are protected by the constitution. At the same time judges must apply all laws in a way consistent with tunisias human rights obligations. Published in the official gazette of the republic of tunisia on june 1,1959 in an original version arabic only, page 746. A day later, in line with the 1959 constitution, the speaker of the parliament fouad. Article 4 the flag of the republic of tunisia is red, and, according to the terms defined by law, bears in its midst a. Tunisias first modern constitution was the fundamental pact of 1857. Tunisias primary legal texts were promulgated during the. This constitution weakened the tunisian ruler in favour of european migrants who were given property rights and guaranteed equal protection of tunisian law. National data subregional office for north africa survey, official web sites, eiu database, december 20. The social justice blind spots in the new arab constitutions.
Published in the official gazette of the republic of tunisia on june 1, 1959 in an original version arabic only, page 746. This provisional administration oversaw the adoption of a constitution in january 2014 as well as free and fair elections in the fall of the same year. Signed at bern, on 21 december 1959 additional agreement to the abovementioned agreement agricultural agreement of. In 1957, women became citizens with the right to vote, and by virtue of the 1959 constitution both men and women were enabled to seek elected of. In the second section, we discuss some of the current debates on womens rights in tunisia following the arab spring, including the mobilization of women around the controversial article 28 in the draft of the new constitution. Salafism and takfirism in tunisia between alnahdas. Zine alabidine ben ali in 2011, the tunisian political system featured a powerful presidential regime backed by a single political party. It remained the kintras offeecial banner durin its time as a french protectorate, an wis confirmed as the naitional banner o the republic o tunisie wi the signin o the constitution o tunisie on 1 juin 1959. Article 19 free word centre, 60 farringdon rd, london ec1r 3ga. Culture of tunisia history, people, clothing, traditions.
This political transition ended more than five decades of authoritarian presidential regimes under the leadership of president habib bourguiba 1959 1987 and ben ali 1987 2011. Law n 5957 dated june 1, 1959 25 thulkaada 78 promulgating the constitution of the republic of tunisia. We, the representatives of the free and sovereign tunisian people, do, by the. Many assembly members were heavily influenced by the 1959 constitution and its legacy and were reluctant to stray too far from a system that they had only reluctantly disavowed. The constitution of 1959 granted the president sweeping. We recognize that it is now time to move from principles to action, considering the work already being done in implementing the geneva plan of action and identifying those areas where progress has been made, is being made, or has not taken place. Compared to the 1959 constitution, the current one gives more consistency to womens rights equality, representation and parity.
It was implemented until the new constitution was drafted by the constituent as. It was adopted on 1 june 1959 and amended in 1999 and 2002, after the tunisian constitutional referendum of 2002. Tunisians chose to start from scratch rather than to amend the existing constitution. Tunisians celebrate the new constitution, tunis, march 1, 2014. In the name of the people, we, habib bourguiba, president of the republic of tunisia, considering the decree of december 29, 1955 14 djoumada i 75. The exercise of these rights is affected by a host of other laws, including the penal code, the law on associations, and. The president of tunisia, formally known as the president of the republic of tunisia arabic. Le processus constitutionnel en tunisie the carter center. Agreement concerning the importation of danish agricultural products and foodstuffs into switzerland. Nous, representants du peuple tunisien, reunis en assemblee nationale constituante. Chapter i general provisions article 1 state tunisia is a free state, independent and sovereign. The 1959 constitution, a successor to the 1861 constitution, was in place while ben ali was in power. President bourguiba declared tunisia a republic in 1957 and in june 1959, tunisia adopted a constitution modeled on the french system. Tunisia is a free, independent and sovereign state.
Article 3 sovereignty belongs to the tunisian people, who exercise it in accordance with the constitution. Free education was imposed 1958 and compulsory education up to the age of 16 years was introduced in 1991. We, the representatives of the tunisian poople, free and sovereign, proclaim, by the grace of god, the present constitution. On october 23, 2011, tunisia held free election for the national constituent.
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