Tunisia’s new constitution faces new controversial proposals

Tunisia's National Constituent Assembly Tunis – Nabil Zaghdoud Committees of the Tunisian Constituent Assembly started meetings to draft the new constitution, which is considered a tipping point in the political history of Tunisia. Several Tunisian civil society organisations and components presented more than forty “constitutional proposal” for the National Constituent Assembly to consider while putting the constitution.
One of the most controversial proposals was that presented by assistant professor in constitutional law Gohar ben Mubarak, head of "Our Constitution" network, who implicitly calls for allowing same-sex marriage, where section 32 in the constitution proposed by Our Constitution Network guarantees every citizen’s right to “choose a spouse without discrimination.”
According to explanations provided by some law experts, this section in the proposed constitution model aims to legalize same-sex marriages in the country, an issue globally controversial, particularly in Islamic countries where it is considered a taboo.
Another controversial proposal was presented by unlicensed Hizb ut-Tahrir (Liberation Party), which calls for a “Caliphate constitution”, which is meant to be an “alternative project for Tunisia to establish an Islamic state which seeks to achieve prosperity for all on the basis of the Islamic law,” as stated in their public statement.
In this context, spokesman of Hizb ut-Tahrir, Rida Bilhaj said his party presents to the nation and the people a “detailed legally drafted Islamic constitution, where every article is explained, and followed by references and possible alternatives,” stressing that said constitution is comprehensive and applicable.
Faced with multiple proposals for the new constitution, General Rapporteur of the Constitution Subcommittee Habib Khedr stated that the Constituent Assembly is the only body authorized to draft the new constitution.
Khedr told ‘Arabstoday’ that already drafted models or versions for the constitution by outside parties can be discussed and considered in parts, however, the only constitution to be approved will be drafted by the Constituent Assembly committees, taking into account some of the proposals.
The Constituent Assembly’s stance on the matter, and their insistence to be fully in charge of drafting the new constitution, provoked criticisms of a number of political analysts. Head of the Civil Constituent Council Salaheddin al-Gorshi told ‘Arabstoday’ that the constitution “does not comply the concept of Majority, however, it should be consensual, thus including all.”
He indicated that the general interest requires that discussing and drafting such important document is not monopolised by elected councils only.
Al-Gorshi highlighted the need to involve citizens in constitutional debate, which would effectively help in forming the constitution, “not just from a legislative perspective, but also from social, cultural, and political points of view.”
“The coming constitution should be one for all Tunisians. We will do our best to deliver the voices of all society constituents and to have their opinions considered in the process,” he added.
Constitutional law experts stated that the drafting process is not merely technical, but will be subject to political conflicts due to the “polarisation of the society into leftists and rightists.” In this context, Professor Qais Saeed called on political parties to “rise above parties’ considerations” while drafting such significant national document.
Several experts stressed that the new constitution should not include more than 90 chapters, which should take into account the goals of the January 14 revolution and the Tunisian constitutional history.