Tunisian President Kaïs Saïed declared « personae non gratae » the members of the Venice Commission, a European commission for democracy through law, which took the liberty of criticizing the holding of a referendum on the Constitution in Tunisia, scheduled by the Head of State for next July 25.
On Monday, in an interview with his Minister for Foreign Affairs, Othman Jerandi, the Head of State declared that the « interference » of the Venice Commission « in Tunisian internal affairs (…) is inadmissible and that anyone belonging to this commission which is in Tunisia must leave the country immediately ».
The Commission had ruled on Decree-Law No. 2022-22 modifying the composition of the Independent High Authority for Elections (ISIE) and on the date of the referendum. In its opinion of May 27, it ruled that this decree was compatible neither with the Tunisian Constitution, nor with Presidential Decree No. 2021-117, nor even with international standards, before calling outright for its repeal. .
Regarding the invitation to voters to a referendum on a new Constitution, the Venice Commission underlined that « it is not realistic to foresee the organization of a credible constitutional referendum in the absence of clear rules, established in beforehand, on the modalities and implications of holding such a referendum, in particular in the absence of the text of the new Constitution intended to be submitted to the referendum ».
What ignite the Tunisian leader. “Tunisia’s sovereignty does not tolerate any bargaining. It does not have the right to demand that the electoral body be re-established, or that the referendum be organized on a certain date and according to the procedures it specifies”, continued the Head of State.
For him, « this is unacceptable interference, our country is not a farm or an orchard that they invade when they want, and they are not the guardians of the choices of our people, we do not ‘we do not need their accompaniment or assistance, and if necessary, we will withdraw from this Commission’.
The Venice Commission, created in 1990, is an advisory body of the Council of Europe on constitutional matters. It was seized to shed light on the legality of the Tunisian president’s decisions in connection with the referendum and the legislative elections, following a request from MEPs.
Leader Kaïs Saïed has granted himself full powers since July 2021 when he decided to impose exceptional measures, including the freezing of the activities of Parliament and the dismissal of the government. Subsequently, he decided to bring forward the legislative elections to 17 December. For the ISIE, he granted himself the right to appoint three of its seven members, including its president.
By OMA Newsletter N° 724 of 01/06/2022
Article published under the direction of Dr. Najib Kettani
The OMA, NGO with an Intercontinental vocation
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