Assuming the presidency in Tunisia: a political earthquake in Tunisia

Tunisian President Kais Saied has assumed executive powers in his country in a highly controversial and possibly unconstitutional manner, raising fears of an imminent authoritarian retreat. Despite heavy criticism of his intervention, many still hope to end the endemic crisis in the country. Written by Sufian Philip Nasser

More than a decade after the 2011 revolutionary mass uprising, which forced former Tunisian dictator Ben Ali to step down after more than 23 years in power and paved the way for a democratic transition, the country is now behind the wall.

The economic crisis, greatly exacerbated by the coronavirus pandemic, accelerating social inequalities and the blockade imposed by the parliamentary system, has brought Tunisia to a standstill, making political maneuvering almost impossible. Although the power struggle between Parliament, the Prime Minister and the President has been going on for years, it has become more fierce in recent months and is now finally fully escalating.

Referring to Article 80 of the constitution, President Kais Saied assumed all executive powers in Tunisia on Sunday in a more constitutional rather than controversial manner. He now wants to rule temporarily by decree. And the former constitutional law expert announced, in a televised speech, the dismissal of Prime Minister Hisham Al-Mashishi, the freezing of Parliament for a period of 30 days, and the lifting of immunity from all members of the House of Representatives. Until a new prime minister is appointed, Saeed now heads the government himself.

Al-Mashishi, who is reported to be under house arrest, before his dismissal in a conciliatory statement and de-escalation. The next day after taking office, Said fired Defense Minister Ibrahim Bartaji and Minister of Justice Hasna Ben Suleiman. Meanwhile, the head of state seems to be preparing for an imminent purge of the state and security apparatus. Tunisian media have already reported that Saied is planning to replace senior officials, particularly in the Ministry of Interior, who were said to have been appointed on the basis of party ties.

Street disturbances

The direct catalysts for Said’s assumption of power were Meshichi’s disastrous handling of the recent wave of coronavirus infections, which remain uncontrolled, but also the anti-government protests that recently swept Tunisia as of Sunday. It was directed mainly against the Islamist Ennahda party, but also against other political forces that, from the point of view of countless people in the country, for years were less concerned with the urgent social and economic problems of the population and more concerned with politics. Power struggles and conspiracies. Demonstrators attacked several Ennahda offices across the country and loudly called for the dissolution of Parliament and the removal of El Meshichi.

But Saeed did not suspend the constitution or dissolve parliament, and on Monday again stressed that his intervention could in no way be described as a coup. However, Ennahda in particular – which is currently the largest force in Parliament and has been part of the government almost continuously since 2011 – sees things differently. In a statement, the party portrayed Said’s intervention as “unconstitutional” and a “coup against the constitution and state institutions.” On Sunday, army units were deployed around the parliament building and the government palace in Tunis. And they prevented the Acting Speaker of Parliament, Ennahda Party leader Rached Ghannouchi, and a number of Ennahda deputies from entering the parliament building.

While Saied’s supporters gathered in several states to celebrate his seizure of power, Ennahda supporters marched in apparent opposition to Saied toward the parliament in Tunisia. After initial altercations between protesters from both opposing camps, the situation quickly calmed down. But the general atmosphere in Tunisia remains tense. While Ennahda supporters predict the end of the democratic transition or even a bloody coup, opponents of the Islamist party fear that its followers will resort to violent means. Unsurprisingly, Saeed issued a de facto nationwide decree on Monday banning any gatherings of more than three people.

Correcting the path or returning to tyranny?

Meanwhile, the president is trying to pave the way and has assured representatives of civil society and influential national organizations in several meetings that he intends to abide by the constitution. While many parties from all political camps condemned Said’s seizure of power as a clear violation of the law, the influential Tunisian General Labor Union considered the actions pushed by the head of state legal, but called for dialogue in order to find a political solution and adherence to the legal framework stipulated in the constitution .

Fear of a return to authoritarian rule is omnipresent in the country, as is frustration with state institutions, which hold each other back. It is still not entirely clear whether this will really be just a temporary assumption of power by the president or whether a long-term centralization of executive and legislative powers lies ahead. Nor is it clear how Said intends to resolve the constitutional impasse that has existed for years.

The division of power between the executive and legislative branches of government and between the president and the government, which was not clearly regulated in the 2014 constitution, has paralyzed the country for years. While the hastily passed electoral law is to blame for the unsettled majority in Parliament, all the ruling parties in recent years – including Ennahda – have consistently failed to appoint members of the Constitutional Court, which remains inoperative to this day.

The head of state now took advantage of the absence of the court and seized power in what was also called a “constitutional coup”. Said did not dispel fears that Tunisia is heading for a bloody coup or a sustainable return to authoritarian rule. However, the fact that it in no way has a well-established power base in the state and security apparatus and that the army has not yet pursued any clear political ambition runs counter to such a scenario.

Moreover, Tunisian civil society has taken root in the ten years since the revolution and has proven several times in the intervening period that it can prevent any authoritarian advances by the executive branches of government.

Sofian Philip Nasser

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