Referendum on the constitutional reform bill in Tunisia
26 May 2002



DRAFT CONSTITUTIONAL LAW

MAJOR AMENDMENTS

Article 5 (Paragraphs 1, 2 and 3): The Republic of Tunisia guarantees fundamental freedoms and human rights in their universal, comprehensive, complementary, and interdependent application.

The Republic of Tunisia is founded on the principles of the rule of law and pluralism, and strives for the dignity of the individual and the promotion of individuality.

The state and society strive to entrench the values of solidarity, mutual assistance, and tolerance between individuals, groups and generations.

Amendment to Article 9: The inviolability of the home, the confidentiality of correspondence, and the protection of personal data shall be guaranteed, subject to exceptional cases prescribed by law.

Article 12 (Paragraph 1): Police custody is subject to judicial control and preventive detention shall be exercised only following judicial instruction. It is forbidden to place any individual in wrongful police custody or preventive detention.

Amendment to Article 13: Sentences are personal and shall be pronounced only by virtue of a law issued prior to the punishable act, except in the case of a more favorable law.

Those deprived of freedom shall be treated humanely, their dignity respected, in compliance with the conditions laid down by law.

Amendment to Article 15: It is each citizen's duty to protect the country and to safeguard its independence, its sovereignty, and the integrity of the national territory.

It is each citizen's sacred duty to defend the nation.

Amendment to Article 39: The President of the Republic is elected for a period of five years by universal, free, direct and secret vote, by an absolute majority of votes cast, during the last 30 days of the existing presidential term.

In the event that such a majority is not reached during the first round, a second round is organized on the second Sunday following the ballot. Only the two candidates with the most first-round votes are entitled to participate in the second round, taking into consideration any withdrawals, in accordance with provisions set out in the electoral law.

In the event it is impossible to organize elections on a timely basis, due to war or imminent peril, the President's term may be extended by a law adopted by the Chamber of Deputies, until such time when elections can be organized.

The President of the Republic is reelectable.

Article 40 (Amendments to Paragraphs 2, 3, 4 and 5): In addition, the candidate shall, on the day he submits his candidacy, be at least 40 years of age and at most 75 of age and shall enjoy all his civic and political rights. Candidates are presented by a number of members of the Chamber of Deputies and municipal presidents, in accordance with the terms and conditions set out in the electoral law.

Candidacies are recorded on a specific register maintained by the Constitutional Council.

The Constitutional Council gives an opinion on the validity of candidacies, proclaims ballot results, and looks into requests submitted to it on this subject, in accordance with provisions set out in the electoral law.

Article 41 (Paragraph 2): The President of the Republic enjoys judicial immunity during the discharge of his functions. He also enjoys such judicial immunity after the presidential term for all acts executed as part of the office.

Amendment to Article 61: The members of Government shall have access to the Chamber of Deputies and to the Chamber of Councilors, as well as to their committees.

Any member of the Chamber of Deputies is entitled to address both written or oral questions to the Government.

At periodic intervals, a session is devoted to oral questions by the members of the Chamber of Deputies and to answers by the Government. Such periodic sessions may also serve for a dialogue between the Chamber of Deputies and the Government, concerning department policies. Part of such sessions may, furthermore, be devoted to answers to oral questions bearing on current affairs issues.

Article 61 (Amendment to Paragraphs 2 and 3): The vote of no confidence is deemed acceptable only when initiated and signed by at least one third of the members of the Chamber of Deputies; voting can take place only 48 hours after the draft vote of no-confidence has been submitted.

When a vote of no-confidence is adopted by an absolute majority of members of the Chamber of Deputies, the President of the Republic accepts the resignation of the Government submitted by the Prime Minister.