Tunisia adopts constitution – a way forward for others

Three years ago the uprising in Tunis sparked off the Arab Spring. On Sunday, after a difficult transition that saw sometimes violent conflict between the country’s minority secular parties and majority Islamists, and two assassinations of secular leaders, the country’s parliament agreed a new democratic constitution. The product of two years negotiations, and widely praised for its inclusiveness, surely the most liberal in the Arab world, it was backed by 200 of the 216 members of the assembly in emotional scenes which saw applause, dancing and singing in the chamber by deputies, and even tears.

The government led by the Islamist Ennahda party is now due to step down and transfer power to a caretaker government announced by Prime Minister Mehdi Jomaa that will lead Tunisia into elections later this year. The stock market rose 1.7 per cent yesterday in a sign of investor confidence in the country's stability.

While the new constitution recognises Islam as the state’s religion, it also enshrines freedom of conscience and belief, equality between the sexes, the rule of law and a separation of powers. Despite pressure from ultra-conservative Salafists, which Ennahda was accused of pandering to, its drafters dropped the earlier goal of declaring the supremacy of Sharia law.

The agreement between government and opposition contrasts sharply with messy transitions in Libya, Egypt and Yemen which are still caught up in turmoil after ousting their own long-standing leaders in 2011 revolts . Tunisia's distinct course, however, has been shaped by a number of key differences: in Ennahda it has an Islamist party which, unlike its Muslim Brotherhood allies in Egypt, appears to have a genuine commitment to the pluralist outlook one of its key leaders Rashid al Ghannushi has articulated since 2011.

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Tunisia has a well-established tradition of independent civil society, unions, and professional and business associations that have been able to act as moderating influences on political groups. And, unlike Egypt, it also does not have a politicised army with deep roots in the economy, incentivised to meddle in politics.

Egypt, too, has just enacted a new constitution, but in an entirely different spirit – the referendum, passed by 98 per cent of voters on a 38 per cent turnout, is widely seen as legitimisation of both the July military coup that overthrew Mohammed Morsi, the country's first freely-elected president, and of the bloody crackdown on the Muslim Brotherhood that followed. It is paving the way for the country's defence minister and top general, Abdel Fattah al-Sisi, to run for president.

UN Secretary General Ban Ki Moon yesterday praised Tunisia's "historic step" and argued that it had created "a model for others aspiring to reform". Unfortunately, few, it appears, are listening.