Tunisians on Friday were rushing to read and understand a proposed constitution released by President Kais Saied after weeks of anticipation and closed-door meetings before the text is put to a referendum on July 25.
Many expected the draft document, the crown jewel in Mr Saied's political vision for a “Third Republic” in Tunisia, would sweep aside much of the 2014 constitution drafted after the mass uprisings and would enshrine a stronger presidential system.
Several experts who spoke to The National — including one of the people who drafted the document — said they were puzzled by large parts of the final version, including the document's frequent but unclear references to the role of Islam in the new system, the creation of a new legislative body and the elimination of the balance of power between the legislature, executive and judiciary.
A powerful president and a new legislative chamber
The biggest change is to the structure of the government, in which the presidency would be strengthened and Parliament and the judiciary weakened.
As head of the executive, the president would propose legislation for approval by both Parliament and a new legislative body called the National Council of Regions and Districts.
The new council, a long-time political project of Mr Saied, would be drawn from members of yet-to-be-formed local councils responsible for governing on a grass roots level.
Mr Saied insists this will put power back in the hands of the people and be a course correction after the 2011 revolution.
But the language in the new constitution grants sweeping powers to the president to dissolve both the legislature and government without an approval process or oversight. However, no procedure is provided for his impeachment.
The new constitution would also reduce the power of the judiciary to a “function” of the state rather than a separate authority and forbid judges to strike.
A president would have the prerogative to appoint and dismiss justices, a move that legal scholars say will weaken judicial independence and further reduce checks on the president.
“The proposed constitution provides for an unaccountable, unchecked and unimpeachable president, even in cases of serious violations of the constitution,” said Said Benarbia, the Mena regional director of the International Commission of Jurists.
“While the president can dissolve the Parliament and dismiss the Cabinet, he cannot be held to account before the Parliament or the judiciary. The procedure of impeachment was removed, together with the role of the Parliament and the Constitutional Court in reviewing the president’s powers and actions during the state of exception.”
While the language around the president's powers is clear, the description of the new legislative body is less so.
“Provisions for the creation of a National Council of Regions and Districts were very imprecise,” said Eya Jarad, a Tunisian political scientist and researcher.
She said the document shows a “lack of competence to formulate a text that establishes an institution with a clear structure and objectives”, leaving many in the country questioning how the new body might function and how it will fit into the larger government.
'Not the constitution I saw'
For many, what is not in the constitution is as surprising as what is.
For weeks, core members of the small, specially appointed committee charged with drafting the new constitution made the rounds on local media, promoting voter registration, giving insights into their process and dropping hints about the contents of the proposed document.
There would be no reference to Islam in the constitution and there would be a focus on correcting social inequality — something that was neglected by the constituent assembly that wrote the 2014 constitution after the departure of long-time leader Zine El Abidine Ben Ali in the face of mass protests.
Hours before the new document was published in the official journal on Thursday night, Ibrahim Bouderbela, one of the legal scholars on the committee, outlined key socioeconomic pieces of the draft with The National.
One watershed article, he said, would bar the government from using foreign funding to pay state salaries, a move that could potentially upend an impending deal with the International Monetary Fund.
Yet when the final draft was released, that article — and many others described by Mr Bouderbela and his colleagues who worked on the draft — were nowhere to be found.
“This is not the constitution that I saw before it was presented to the president of the Republic,” Mr Bouderbela said in a statement on Shems FM radio early on Friday.
The committee's draft was presented to Mr Saied 10 days earlier for review. Mr Saied said some elements were in need of “revisions” but did not indicate how much he intended to rework the text.
“The section we included regarding socioeconomics is not there,” Mr Bouderbela said, though he noted that the new document “does match what we had envisioned regarding powers, the political system, etc”.
The question of Islam
One of the largest departures from what the drafting committee say they turned over to Mr Saied on June 20 is the inclusion of Islam in the document.
The first article of the 2014 constitution said that Tunisia “is a free, independent and sovereign state. Its religion is Islam, its language is Arabic and its system is republican”.
Many expected fewer references to Islam in the new document.
Instead, the faith and its legal doctrine are woven throughout, including an article that states: “Tunisia is part of the Islamic nation and the state alone must work to achieve the goals of Islam in preserving the soul, honour, money, religion and freedom.”
Many Tunisians question whether this means an end to the secular state, something many fought to preserve after the return of Islamist parties to Tunisian politics following the 2011 revolution.
The reference to the “goals of Islam”, or “maqasid”, in particular creates a legal puzzle, said Tunisian law scholar Adam Mokrani.
“The term 'maqasid' is ambivalent and poses a lot of controversy in Islamic religious doctrine,” he said.
“We don't always have a good definition of it and its reference in the constitution could be a source of legal insecurity — should a judge comply with the legal texts at his disposal or should he seek in Islamic law, not codified, applicable rules?”
Tips for newlyweds to better manage finances
All couples are unique and have to create a financial blueprint that is most suitable for their relationship, says Vijay Valecha, chief investment officer at Century Financial. He offers his top five tips for couples to better manage their finances.
Discuss your assets and debts: When married, it’s important to understand each other’s personal financial situation. It’s necessary to know upfront what each party brings to the table, as debts and assets affect spending habits and joint loan qualifications. Discussing all aspects of their finances as a couple prevents anyone from being blindsided later.
Decide on the financial/saving goals: Spouses should independently list their top goals and share their lists with one another to shape a joint plan. Writing down clear goals will help them determine how much to save each month, how much to put aside for short-term goals, and how they will reach their long-term financial goals.
Set a budget: A budget can keep the couple be mindful of their income and expenses. With a monthly budget, couples will know exactly how much they can spend in a category each month, how much they have to work with and what spending areas need to be evaluated.
Decide who manages what: When it comes to handling finances, it’s a good idea to decide who manages what. For example, one person might take on the day-to-day bills, while the other tackles long-term investments and retirement plans.
Money date nights: Talking about money should be a healthy, ongoing conversation and couples should not wait for something to go wrong. They should set time aside every month to talk about future financial decisions and see the progress they’ve made together towards accomplishing their goals.
10 tips for entry-level job seekers
- Have an up-to-date, professional LinkedIn profile. If you don’t have a LinkedIn account, set one up today. Avoid poor-quality profile pictures with distracting backgrounds. Include a professional summary and begin to grow your network.
- Keep track of the job trends in your sector through the news. Apply for job alerts at your dream organisations and the types of jobs you want – LinkedIn uses AI to share similar relevant jobs based on your selections.
- Double check that you’ve highlighted relevant skills on your resume and LinkedIn profile.
- For most entry-level jobs, your resume will first be filtered by an applicant tracking system for keywords. Look closely at the description of the job you are applying for and mirror the language as much as possible (while being honest and accurate about your skills and experience).
- Keep your CV professional and in a simple format – make sure you tailor your cover letter and application to the company and role.
- Go online and look for details on job specifications for your target position. Make a list of skills required and set yourself some learning goals to tick off all the necessary skills one by one.
- Don’t be afraid to reach outside your immediate friends and family to other acquaintances and let them know you are looking for new opportunities.
- Make sure you’ve set your LinkedIn profile to signal that you are “open to opportunities”. Also be sure to use LinkedIn to search for people who are still actively hiring by searching for those that have the headline “I’m hiring” or “We’re hiring” in their profile.
- Prepare for online interviews using mock interview tools. Even before landing interviews, it can be useful to start practising.
- Be professional and patient. Always be professional with whoever you are interacting with throughout your search process, this will be remembered. You need to be patient, dedicated and not give up on your search. Candidates need to make sure they are following up appropriately for roles they have applied.
Arda Atalay, head of Mena private sector at LinkedIn Talent Solutions, Rudy Bier, managing partner of Kinetic Business Solutions and Ben Kinerman Daltrey, co-founder of KinFitz
Company%20Profile
%3Cp%3E%3Cstrong%3ECompany%20name%3A%3C%2Fstrong%3E%20Cargoz%3Cbr%3E%3Cstrong%3EDate%20started%3A%3C%2Fstrong%3E%20January%202022%3Cbr%3E%3Cstrong%3EFounders%3A%3C%2Fstrong%3E%20Premlal%20Pullisserry%20and%20Lijo%20Antony%3Cbr%3E%3Cstrong%3EBased%3A%3C%2Fstrong%3E%20Dubai%3Cbr%3E%3Cstrong%3ENumber%20of%20staff%3A%3C%2Fstrong%3E%2030%3Cbr%3E%3Cstrong%3EInvestment%20stage%3A%3C%2Fstrong%3E%20Seed%3C%2Fp%3E%0A
MATCH INFO
Real Madrid 3 (Kroos 4', Ramos 30', Marcelo 37')
Eibar 1 (Bigas 60')
Sole survivors
- Cecelia Crocker was on board Northwest Airlines Flight 255 in 1987 when it crashed in Detroit, killing 154 people, including her parents and brother. The plane had hit a light pole on take off
- George Lamson Jr, from Minnesota, was on a Galaxy Airlines flight that crashed in Reno in 1985, killing 68 people. His entire seat was launched out of the plane
- Bahia Bakari, then 12, survived when a Yemenia Airways flight crashed near the Comoros in 2009, killing 152. She was found clinging to wreckage after floating in the ocean for 13 hours.
- Jim Polehinke was the co-pilot and sole survivor of a 2006 Comair flight that crashed in Lexington, Kentucky, killing 49.
GOLF’S RAHMBO
- 5 wins in 22 months as pro
- Three wins in past 10 starts
- 45 pro starts worldwide: 5 wins, 17 top 5s
- Ranked 551th in world on debut, now No 4 (was No 2 earlier this year)
- 5th player in last 30 years to win 3 European Tour and 2 PGA Tour titles before age 24 (Woods, Garcia, McIlroy, Spieth)
The specs
- Engine: 3.9-litre twin-turbo V8
- Power: 640hp
- Torque: 760nm
- On sale: 2026
- Price: Not announced yet
Top investing tips for UAE residents in 2021
Build an emergency fund: Make sure you have enough cash to cover six months of expenses as a buffer against unexpected problems before you begin investing, advises Steve Cronin, the founder of DeadSimpleSaving.com.
Think long-term: When you invest, you need to have a long-term mindset, so don’t worry about momentary ups and downs in the stock market.
Invest worldwide: Diversify your investments globally, ideally by way of a global stock index fund.
Is your money tied up: Avoid anything where you cannot get your money back in full within a month at any time without any penalty.
Skip past the promises: “If an investment product is offering more than 10 per cent return per year, it is either extremely risky or a scam,” Mr Cronin says.
Choose plans with low fees: Make sure that any funds you buy do not charge more than 1 per cent in fees, Mr Cronin says. “If you invest by yourself, you can easily stay below this figure.” Managed funds and commissionable investments often come with higher fees.
Be sceptical about recommendations: If someone suggests an investment to you, ask if they stand to gain, advises Mr Cronin. “If they are receiving commission, they are unlikely to recommend an investment that’s best for you.”
Get financially independent: Mr Cronin advises UAE residents to pursue financial independence. Start with a Google search and improve your knowledge via expat investing websites or Facebook groups such as SimplyFI.
UAE currency: the story behind the money in your pockets
MOTHER%20OF%20STRANGERS
%3Cp%3EAuthor%3A%20Suad%20Amiry%3Cbr%3EPublisher%3A%20Pantheon%3C%2Fp%3E%0A%3Cp%3EPages%3A%20304%3Cbr%3EAvailable%3A%20Now%3C%2Fp%3E%0A
F1 The Movie
Starring: Brad Pitt, Damson Idris, Kerry Condon, Javier Bardem
Director: Joseph Kosinski
Rating: 4/5
Killing of Qassem Suleimani
Tearful appearance
Chancellor Rachel Reeves set markets on edge as she appeared visibly distraught in parliament on Wednesday.
Legislative setbacks for the government have blown a new hole in the budgetary calculations at a time when the deficit is stubbornly large and the economy is struggling to grow.
She appeared with Keir Starmer on Thursday and the pair embraced, but he had failed to give her his backing as she cried a day earlier.
A spokesman said her upset demeanour was due to a personal matter.
MOUNTAINHEAD REVIEW
Starring: Ramy Youssef, Steve Carell, Jason Schwartzman
Director: Jesse Armstrong
Rating: 3.5/5
List of UAE medal winners
Gold
Faisal Al Ketbi (Open weight and 94kg)
Talib Al Kirbi (69kg)
Omar Al Fadhli (56kg)
Silver
Zayed Al Kaabi (94kg)
Khalfan Belhol (85kg)
Zayed Al Mansoori (62kg)
Mouza Al Shamsi (49kg women)
Bronze
Yahia Mansour Al Hammadi (Open and 94kg)
Saood Al Hammadi (77kg)
Said Al Mazroui (62kg)
Obaid Al Nuaimi (56kg)
Bashayer Al Matrooshi (62kg women)
Reem Abdulkareem (45kg women)
UAE currency: the story behind the money in your pockets
Wicked
Director: Jon M Chu
Stars: Cynthia Erivo, Ariana Grande, Jonathan Bailey
Killing of Qassem Suleimani
Labour dispute
The insured employee may still file an ILOE claim even if a labour dispute is ongoing post termination, but the insurer may suspend or reject payment, until the courts resolve the dispute, especially if the reason for termination is contested. The outcome of the labour court proceedings can directly affect eligibility.
- Abdullah Ishnaneh, Partner, BSA Law
