President of the Republic Kais Saied, on Wednesday, tasked Mrs. Najla Bouden Romdhane with forming the government, as soon as possible, pursuant to the Presidential Decree No. 117 dated 2021 on exceptional provisions, said a Presidency statement.
The decision takes place two months after Saied dismissed Prime Minister Hichem Mechichi, suspended Parliament and assumed executive authority, based on Article 80 of the Constitution.
Article 80 stipulates that “In the event of imminent danger threatening the nation’s institutions or the security or independence of the country, and hampering the normal functioning of the state, the President of the Republic may take any measures necessitated by the state of exception.”
Presidential Decree No.117, issued on September 22, maintained the aforementioned measures, while the Speaker of the Parliament and its members saw their allowances and benefits suspended.
Under the decree, the preamble to the Constitution and chapters 1 and 2 (the guiding principles and rights and freedoms) remain in force along with all constitutional provisions that do not run counter to these exceptional measures.
The Provisional Authority for the Review of the Constitutionality of Draft Laws was abolished. The President shall prepare draft amendments in relation to political reforms, in collaboration with a committee that will be established by a presidential decree.
According to Article 22 of Decree 117, these draft amendments aim to establish a genuine democratic regime in which the people are the holders of sovereignty and the source of powers, exercising them through elected representatives or by referendum.
This regime is based on the separation of powers and balance between them; it enshrines the rule of law and guarantees public and individual rights and freedoms.
These draft amendments shall be submitted by the President of the Republic to a referendum for approval.
With regard to legislative power, the decree provides for the President of the Republic to promulgate decree-laws after a Cabinet Meeting.
The president exercises executive power with the help of a government chaired by the Prime Minister.
The new political phase in Tunisia began on July 25, after President Saied announced invoking Article 80 of the Constitution.
Citizens hailed these decisions and took to the streets showing support for the President.
On August 23, Saied issued a presidential decree extending the exceptional measures until further notice.
Reactions of the political parties differed; several deemed these decisions constitutional and put the Revolution and a true democracy back on track. However, the President’s foes deemed his seizure of sweeping powers a coup.
Indeed, Ennahdha movement and its allies, including Al-Karama coalition, described the measures as “coup against the Revolution and the Constitution.” They called for a national dialogue to find solutions to the rapidly looming crisis in the country.”
Much of the political elite, national organisations and civil society called on the Head of State to hasten the formation of a small cabinet to find a solution to the economic and social crisis.
They urged him to clarify the roadmap adopted, to decide on the fate of Parliament and to unveil the reforms to be introduced in all fields.
To these calls, Saied repeatedly affirmed “it is out of question to go backwards,” stressing that the Parliament is a threat to the country.
The President issued a series of presidential decrees, by means of which he dismissed ministers, governors and numerous officials. He appointed two ministers to manage the Departments of Interior and Finance. However, the ministerial vacuum in the departments of Justice, Defence and Agriculture has not been filled.
On September 9, advisor to the President, Walid Hajjem said the President could move towards changing the political regime, probably by means of a referendum. This implies suspending the Constitution and ruling by decree during an exceptional period.
These declarations sparked discontent among political parties who called on Saied to clarify his position on the suspension of the Constitution.
He then reaffirmed at a night visit to Habib Bourguiba Avenue that he is acting within the framework of the Constitution, and did not rule out introducing amendments to it.
The Tunisian General Labour Union (UGTT), for its part, published a roadmap with proposals and measures to be taken in light of the exceptional measures announced by the President of the Republic. These include the formation, as soon as possible, of a government that will be made up of experts and which will not be concerned with the upcoming elections.
The union proposed setting a deadline by which the state of exception should end, while stressing the imperative to determine the fate of the Parliament.
At the diplomatic level, several foreign delegations visited Tunisia and met with the President of the Republic.
Saied received on September 10 High Representative for Foreign Affairs and Security Policy and Vice President of the European Commission Josep Borrell.
The latter conveyed “European apprehensions about the democratic gains in Tunisia, noting “the free exercise of legislative power and the resumption of parliamentary activity are part of these gains and they must be respected.”
Saied also met on September 5 with a delegation from the US Congress and reaffirmed that the measures taken on July 25 were within the framework of the Constitution; they reflected the will of the people and aimed at preserving the State.
In a joint statement issued on September 7, the G7 ambassadors to Tunisia stressed the need for a “rapid return to a constitutional order in which an elected parliament plays a significant role.”
They stressed the “urgent need” to appoint a new head of government to form a capable government “able to address the immediate economic and health crises” and to “create a space for an inclusive dialogue about proposed constitutional and electoral reforms.”
Moreover, Algiers and Cairo in early August have “agreed to give full support to President Kaïs Saïed, which is likely to realise the will and choices of the Tunisian people, and preserve the country’s stability and security.”
Source: Tap News Agency