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Article 32. The state guarantees the right to information and the right of access to information and communication networks. Article 33.
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This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org.
Table of contents
Article 1............................................................................... Article 2............................................................................... Article 3............................................................................... Article 4............................................................................... Article 5............................................................................... Article 6............................................................................... Article 7............................................................................... Article 8............................................................................... Article 9............................................................................... Article 10.............................................................................. Article 11.............................................................................. Article 12.............................................................................. Article 13.............................................................................. Article 14.............................................................................. Article 15.............................................................................. Article 16.............................................................................. Article 17.............................................................................. Article 18.............................................................................. Article 19.............................................................................. Article 20..............................................................................
Article 21.............................................................................. Article 22.............................................................................. Article 23.............................................................................. Article 24.............................................................................. Article 25.............................................................................. Article 26.............................................................................. Article 27.............................................................................. Article 28.............................................................................. Article 29.............................................................................. Article 30.............................................................................. Article 31.............................................................................. Article 32.............................................................................. Article 33.............................................................................. Article 34............................................................................ Article 35............................................................................ Article 36............................................................................ Article 37............................................................................ Article 38............................................................................ Article 39............................................................................ Article 40............................................................................ Article 41............................................................................ Article 42............................................................................ Article 43............................................................................
Article 132........................................................................... Article 133........................................................................... Article 134........................................................................... Article 135........................................................................... Article 136........................................................................... Article 137........................................................................... Article 138........................................................................... Article 139........................................................................... Article 140........................................................................... Article 141........................................................................... Article 142...........................................................................
Article 143........................................................................... Article 144...........................................................................
Article 145........................................................................... Article 146........................................................................... Article 147...........................................................................
Article 148........................................................................... Article 149...........................................................................
Translated by UNDP and reviewed by International IDEA
Preamble
In the Name of God, the Merciful, the Compassionate
We, the representatives of the Tunisian people, members of the National Constituent Assembly,
Taking pride in the struggle of our people for independence, to build the state, for freedom from tyranny, responding to its free will, and to achieve the objectives of the revolution for freedom and dignity, the revolution of December 17, 2010 through January 14, 2011, with loyalty to the blood of our virtuous martyrs, to the sacri ces of Tunisian men and women over the course of generations, and breaking with injustice, inequity, and corruption,
Expressing our people’s commitment to the teachings of Islam and its aims characterized by openness and moderation, and to the human values and the highest principles of universal human rights, and inspired by the heritage of our civilization, accumulated over the travails of our history, from our enlightened reformist movements that are based on the foundations of our Islamic-Arab identity and on the gains of human civilization, and adhering to the national gains achieved by our people,
With a view to building a republican, democratic and participatory system, in the framework of a civil state founded on the sovereignty of the people, exercised through the peaceful alternation of power through free elections, and on the principle of the separation and balance of powers, which guarantees the freedom of association in conformity with the principles of pluralism, an impartial administration, and good governance, which are the foundations of political competition, where the state guarantees the supremacy of the law and the respect for freedoms and human rights, the independence of the judiciary, the equality of rights and duties between all citizens, male and female, and equality between all regions,
Based on the elevated status of humankind and desirous of consolidating our cultural and civilizational af liation to the Arab and Muslim nation, building on our national unity that is based on citizenship, fraternity, solidarity, and social justice, committed to strengthening Maghreb unity as a step towards achieving Arab unity, towards complementarity with the Muslim and African peoples, and towards cooperation with all the peoples of the world, desirous of supporting all victims of injustice, wherever they are, defending the peoples’ right to determine their own destiny, to supporting all just liberation movements, at the forefront of which is the movement for the liberation of Palestine, and opposing all forms of colonization and of racism,
Being aware of the necessity of contributing to the preservation of a healthy environment that guarantees the sustainability of our natural resources and bequeathing a secure life to future generations, realizing the will of the people to be the makers of their own history, believing in science, work, and creativity as noble human values, seeking always to be pioneers, aspiring to contribute to the development of civilization, on the basis of the independence of national decision-making, world peace, and human solidarity,
We, in the name of the Tunisian people, with the help of God, draft this Constitution.
Title One. General Principles
Preamble Source of constitutional authority
God or other deities
Reference to country's history
Motives for writing constitution
Motives for writing constitution Regional group(s) Reference to fraternity/solidarity
Protection of environment Reference to fraternity/solidarity Reference to science Motives for writing constitution
God or other deities
Unamendable provisions
Article 9
Protecting the unity and integrity of the homeland is a sacred duty for all citizens. National service is a duty according to the regulations and conditions established by the law.
Article 10
Paying taxes and contributing towards public expenditure are obligations, through a fair and equitable system. The state shall put in place the necessary mechanisms for the collection of taxes, and to combat tax evasion and fraud.
The state shall ensure the proper use of public funds and take the necessary measures to spend it according to the priorities of the national economy, and prevents corruption and all that can threaten national resources and sovereignty.
Article 11
All those who assume the roles of President of the Republic, Head of Government, member of the Council of Ministers, or member of the Assembly of the Representatives of the People, or member of any of the independent constitutional bodies or any senior public position, must declare their assets according to the provisions of the law.
Article 12
The state shall seek to achieve social justice, sustainable development and balance between regions based on development indicators and the principle of positive discrimination.
The state shall seek to exploit natural resources in the most ef cient way.
Article 13
Natural resources belong to the people of Tunisia. The state exercises sovereignty over them in the name of the people. Investment contracts related to these resources shall be presented to the competent committee in the Assembly of the Representatives of the People. The agreements concluded shall be submitted to the Assembly for approval.
Article 14
The state commits to strengthen decentralization and to apply it throughout the country, within the framework of the unity of the state.
Article 15
Public administration is at the service of the citizens and the common good. It is organized and operates in accordance with the principles of impartiality, equality and the continuity of public services, and in conformity with the rules of transparency, integrity, ef ciency and accountability.
Article 16
The state guarantees the impartiality of educational institutions from all partisan instrumentalization.
Duty to serve in the military
Duty to pay taxes
Earnings disclosure requirement
Mentions of social class Provisions for wealth redistribution
Ownership of natural resources Legislative committees
Article 17
Only the state may establish armed forces and internal security forces, in conformity with the law and in the service of the public interest.
Article 18
The national army is a republican army. It is an armed military force based on discipline that is composed and structurally organized in accordance with the law and charged with responsibility to defend the nation, its independence and its territorial integrity. It is required to remain completely impartial. The national army supports the civil authorities in accordance with the provisions set out in law.
Article 19
The national security forces are republican; they are responsible for maintaining security and public order, ensuring the protection of individuals, institutions, and property, and ensuring the enforcement of the law while ensuring that freedoms are respected, with complete impartiality.
Article 20
International agreements approved and rati ed by the Assembly of the Representatives of the People have a status superior to that of laws and inferior to that of the Constitution.
Title Two. Rights and Freedoms
Article 21
All citizens, male and female, have equal rights and duties, and are equal before the law without any discrimination.
The state guarantees freedoms and individual and collective rights to all citizens, and provides all citizens the conditions for a digni ed life.
Article 22
The right to life is sacred and cannot be prejudiced except in exceptional cases regulated by law.
Article 23
The state protects human dignity and physical integrity, and prohibits mental and physical torture. Crimes of torture are not subject to any statute of limitations.
Article 24
The state protects the right to privacy and the inviolability of the home, and the con dentiality of correspondence, communications, and personal information.
Every citizen has the right to choose their place of residence, to free movement within the country, and the right to leave the country.
Legal status of treaties International law Treaty rati cation
General guarantee of equality
Equality regardless of gender
Right to reasonable standard of living
Right to life
Prohibition of torture Human dignity
Right to privacy
Freedom of movement
Article 34
The rights to election, voting, and candidacy are guaranteed, in accordance with the law. The state seeks to guarantee women’s representation in elected bodies.
Article 35
The freedom to establish political parties, unions, and associations is guaranteed.
In their internal charters and activities, political parties, unions and associations must respect the provisions of the Constitution, the law, nancial transparency and the rejection of violence.
Article 36
The right to join and form unions is guaranteed, including the right to strike.
This right does not apply to the national army.
The right to strike does not apply to the forces of internal security and to customs of cers.
Article 37
The right to assembly and peaceful demonstration is guaranteed.
Article 38
Health is a right for every human being.
The state shall guarantee preventative health care and treatment for every citizen and provide the means necessary to ensure the safety and quality of health services.
The state shall ensure free health care for those without means and those with limited income. It shall guarantee the right to social assistance in accordance with the law.
Article 39
Education shall be mandatory up to the age of sixteen years.
The state guarantees the right to free public education at all levels and ensures provisions of the necessary resources to achieve a high quality of education, teaching, and training. It shall also work to consolidate the Arab-Muslim identity and national belonging in the young generations, and to strengthen, promote and generalize the use of the Arabic language and to openness to foreign languages, human civilizations and diffusion of the culture of human rights.
Article 40
Work is a right for every citizen, male and female. The state shall take the necessary measures to guarantee work on the basis of competence and fairness.
All citizens, male and female, shall have the right to decent working conditions and to a fair wage.
Article 41
The right to property shall be guaranteed, and it shall not be interfered with except in accordance with circumstances and with protections established by the law.
First chamber representation quotas
Freedom of association Right to join trade unions Right to form political parties
Restrictions on political parties
Right to strike
Right to join trade unions
Restrictions on the armed forces
Freedom of assembly
Right to health care
Compulsory education
Free education
Right to work
Right to just remuneration Right to safe work environment
Right to own property
Intellectual property is guaranteed.
Article 42
The right to culture is guaranteed.
The freedom of creative expression is guaranteed. The state encourages cultural creativity and supports the strengthening of national culture, its diversity and renewal, in promoting the values of tolerance, rejection of violence, openness to different cultures and dialogue between civilizations.
The state shall protect cultural heritage and guarantees it for future generations.
Article 43
The state shall promote sports and shall work to provide the facilities necessary for the exercise of physical and leisure activities.
Article 44
The right to water shall be guaranteed.
The conservation and rational use of water is a duty of the state and of society.
Article 45
The state guarantees the right to a healthy and balanced environment and the right to participate in the protection of the climate.
The state shall provide the necessary means to eradicate pollution of the environment.
Article 46
The state commits to protect women’s accrued rights and work to strengthen and develop those rights.
The state guarantees the equality of opportunities between women and men to have access to all levels of responsibility in all domains.
The state works to attain parity between women and men in elected Assemblies.
The state shall take all necessary measures in order to eradicate violence against women.
Article 47
Children are guaranteed the rights to dignity, health, care and education from their parents and the state.
The state must provide all types of protection to all children without discrimination and in accordance with their best interest.
Article 48
The state shall protect persons with disabilities from all forms of discrimination.
Every disabled citizen shall have the right to bene t, according to the nature of the disability, from all measures that will ensure their full integration into society, and the state shall take all necessary measures to achieve this.
Provisions for intellectual property
Right to culture
Right to water
Protection of environment
Protection of environment
Rights of children
Human dignity
State support for the disabled
The election law guarantees the voting and representation rights to the Assembly of the Representatives of the People for Tunisians resident overseas.
Article 56
The Assembly of the Representatives of the People shall be elected for a term of ve years, during the last sixty days of the parliamentary term.
In the event of inability to hold elections as a result of imminent danger, the term of the Assembly shall be extended according to the provisions of a law.
Article 57
The Assembly of the Representatives of the People shall hold an ordinary session each year starting in October and ending in July. The rst session of the Assembly of the Representatives of the People shall begin within fteen days following the announcement of the de nitive results of the legislative elections, at the request of the Speaker of the outgoing Assembly.
In the event that the beginning of the rst session of the term of the Assembly of the Representatives of the People coincides with its recess, an extraordinary session shall be held in order to proceed to a vote of con dence in the government.
During its recess, the Assembly of the Representatives of the People shall convene in an extraordinary session upon the request of the President of the Republic, the Head of Government, or one-third of its members, to examine a speci c agenda.
Article 58
Every member in the Assembly of the Representatives of the People shall, upon assuming their functions, swear the following oath:
“I swear, by God Almighty, that I will diligently serve the nation, that I will respect the provisions of the Constitution, and that I will bear full allegiance to Tunisia.”
Article 59
The Assembly of the Representatives of the People shall in its rst session elect a Speaker from amongst its members.
The Assembly of the Representatives of the People shall form permanent and special committees. Their composition and the sharing of responsibilities within the committees shall be determined on the basis of proportional representation.
The Assembly of the Representatives of the People may form committees of enquiry. All authorities shall assist such committees of enquiry in undertaking their tasks.
Article 60
The opposition is an essential component of the Assembly of the Representatives of the People. It shall enjoy the rights that enable it to undertake its parliamentary duties and is guaranteed an adequate and effective representation in all bodies of the Assembly, as well as in its internal and external activities.
The opposition is assigned the chair of the Finance Committee, and rapporteur of the External Relations Committee.
It has the right to establish and head a committee of enquiry annually. The opposition’s duties include active and constructive participation in parliamentary work.
Scheduling of elections Term length for rst chamber
Emergency provisions
Length of legislative sessions
Extraordinary legislative sessions
Oaths to abide by constitution God or other deities
Leader of rst chamber
Legislative committees
Legislative committees
Legislative committees
Legislative committees
Article 61
Voting in the Assembly of the Representatives of the People is personal and may not be delegated.
Article 62
Legislative initiative is carried out with legislative propositions made by no less than ten members, or with draft laws submitted by the President of the Republic, or by the Head of Government.
The Head of the Government is the only authority entitled to present draft laws related to the rati cation of treaties and draft budget laws.
Draft laws presented by the President or the Head of Government shall be given priority.
Article 63
Legislative propositions and amendments presented by members of the Assembly of the Representatives of the People are not admissible if they affect the nancial balances regulated in the nance law.
Article 64
The Assembly of the Representatives of the People shall adopt draft organic laws by an absolute majority of all members, and ordinary draft laws by a majority of members who are present, provided that such a majority represents no less than one-third of the members of the Assembly.
No draft organic law shall be presented for debate to the plenary session of the Assembly of the Representatives of the People until at least fteen days have passed since its submission to the competent parliamentary committee.
Article 65
Laws relating to the following areas are deemed ordinary laws:
Creation of public institutions and facilities and the provisions regulating their work;
Nationality;
Civil and commercial obligations;
Procedures before various types of courts;
De nition of felonies and misdemeanours and the corresponding punishments applicable, in addition to violations resulting in a penalty involving deprivation of freedom;
General pardon;
Regulation of taxation rules, percentages and procedures for collection thereof;
Regulations on issuance of currency;
Loans and nancial obligations of the state;
Regulation of senior public positions;
Declaration of earnings;
Initiation of general legislation
Treaty rati cation International law Budget bills
Organic laws
Legislative committees
constitutionality of the provisions of the draft nance law before the Constitutional Court. The Court shall issue its decision within ve days.
If the Constitutional Court rules that the draft law is unconstitutional, it communicates its decision to the President of the Republic, who in turn communicates it to the Speaker of the Assembly of the Representatives of the People. These procedures shall be completed within two days from the date of the court’s decision.
The Assembly shall adopt the draft nance law within three days following its receipt of the decision of the Constitutional Court.
If the constitutionality of the draft law is con rmed or if the law is voted in a second reading after its resubmission to the Assembly, once the period for claims of unconstitutionality or for the exercise of the presidential right of resubmission have expired, the President of the Republic promulgates the nance law within a period of two days.
In all cases, the promulgation shall take place before December 31.
If the draft nance law is not adopted by December31, the law can be implemented in terms of expenditures by renewable presidential order, in three months tranches. Revenues shall continue to be collected in accordance with the laws in force.
Article 67
Commercial treaties and treaties related to international organizations, to borders of the state, to nancial obligations of the state, to the status of individuals, or to dispositions of a legislative character shall be submitted to the Assembly of the Representatives of the People for rati cation.
Treaties enter into force only upon their rati cation.
Article 68
No member of the Assembly of the Representatives of the People may be prosecuted through civil or criminal proceedings, arrested or tried for opinions or propositions presented or for work done in relation to his/her parliamentary functions.
Article 69
If a member of the Assembly of the Representatives of the People asserts criminal immunity in writing, he/she may not be prosecuted or arrested during his/her term of of ce for a criminal charge unless immunity is lifted. In the event of being apprehended committing a crime, the member may be arrested. The Speaker of the Assembly of the Representatives of the People shall immediately be noti ed and the member shall be released if the Bureau of the Assembly so requests.
Article 70
In the event of the dissolution of the Assembly, the President of the Republic may, with the agreement of the Head of Government, issue decree-laws which shall be submitted for rati cation to the Assembly of the Representatives of the People during its next ordinary session.
The Assembly of the Representatives of the People may, with the agreement of three- fths of its members, authorize by law for a limited period not exceeding two months, and for a speci c purpose, the Head of Government to issue decree-laws of a legislative character, to be submitted for rati cation to the Assembly immediately after the end of the period of authorization.
The electoral system might not be amended by decree-laws.
Treaty rati cation International organizations International law
Immunity of legislators
Immunity of legislators
Head of state decree power
Head of government decree power
Title Four. The Executive Authority
Article 71
Executive authority is exercised by the President of the Republic and by a government which is presided over by the head of the government.
Part One. The President of the Republic
The President of the Republic is the Head of State and the symbol of its unity. He guarantees its independence and continuity, and ensures respect of the Constitution.
The of cial seat of the Presidency of the Republic is the capital, Tunis. In exceptional circumstances, the seat may be moved to any other location in the Republic.
Every male and female voter who holds Tunisian nationality since birth, whose religion is Islam shall have the right to stand for election to the position of President of the Republic.
On the day of ling the application for candidacy, the candidate must be at least 35 years old.
If the candidate has a nationality other than the Tunisian nationality, he or she must submit an application committing to abandon the other nationality if elected president.
The candidate must have the support of a number of members of the Assembly of the Representatives of the People or heads of elected local authority councils, or of registered voters, as speci ed by the election law.
The President of the Republic is elected for a ve-year term during the last sixty day period of the presidential term by means of universal, free, direct, secret, fair, and transparent elections, by an absolute majority of votes cast.
In the event that no candidate achieves such a majority in the rst round, a second round shall be organized during the two weeks following the announcement of the de nitive results of the rst round. Only the two candidates having won the highest number of votes during the rst round may stand for election in the second round.
In the event of the death of one of the candidates during the rst or second round, nominations shall be reopened and new dates for elections shall be set within no more than forty- ve days. Withdrawal of candidates from the rst or second round will not affect the election.
In the event of failure to hold the presidential elections as a result of imminent danger, the term of presidency shall be extended through passing a law.
The of ce of presidency cannot be occupied by the same person for more than two full terms, whether consecutive or separate. In the case of resignation, the term counts as a full term.
The constitution may not be amended to increase the number or the length of presidential terms.
Name/structure of executive(s)
National capital
Eligibility for head of state
Minimum age of head of state
Eligibility for head of state
Head of state selection
Head of state selection
Claim of universal suffrage Head of state term length Secret ballot Scheduling of elections
Emergency provisions
Head of state term limits
Unamendable provisions
members of the Assembly of the Representatives of the People and by approval of the majority of the members.
The President of the Republic may address the Assembly of the Representatives of the People.
In the event of imminent danger threatening the nation’s institutions or the security or independence of the country, and hampering the normal functioning of the state, the President of the Republic may take any measures necessitated by the exceptional circumstances, after consultation with the Head of Government and the Speaker of the Assembly of the Representatives of the People and informing the President of the Constitutional Court. The President shall announce the measures in a statement to the people.
The measures shall guarantee, as soon as possible, a return to the normal functioning of state institutions and services. The Assembly of the Representatives of the People shall be deemed to be in a state of continuous session throughout such a period. In this situation, the President of the Republic cannot dissolve the Assembly of the Representatives of the People and a motion of censure against the government cannot be presented.
Thirty days after the entry into force of these measures, and at any time thereafter, the Speaker of the Assembly of the Representatives of the People or thirty of the members thereof shall be entitled to apply to the Constitutional Court with a view to verifying whether or not the circumstances remain exceptional. The Court shall rule upon and publicly issue its decision within a period not exceeding fteen days.
These measures cease to be in force as soon as the circumstances justifying their implementation no longer apply. The President of the Republic shall address a message to the people to this effect.
The President of the Republic shall sign laws and ensures their publication in the Of cial Gazette of the Tunisian Republic within a period of no more than four days from:
1. The deadline to challenge constitutionality and the deadline to return, without any of them occurring. 2. Expiry of the deadline to return after issuing a decision of constitutionality, or after the mandatory referral of the draft law to the President of the Republic in accordance with the nal paragraph of Article 121. 3. The deadline to challenge the constitutionality of a draft law that was returned by the President of the Republic and after its rati cation in a modi ed version by the Assembly of the Representatives of the People. 4. The second approval, without amendment, of a draft law, after return, by the Assembly of the Representatives of the People, without being subject to a challenge of constitutionality after the rst rati cation, or the issuance of a decision con rming its constitutionality, or the mandatory referral of the draft law to the President of the Republic in accordance with the nal paragraph of Article 121. 5. The court decides a law is constitutional, or after the mandatory referral of the draft law to the President of the Republic in accordance with the nal paragraph of Article 121, if it was returned from the President of the Republic and was approved, in a modi ed version, by the Assembly.
With the exception of draft constitutional laws, the President of the Republic has the right to return the draft with explanation to the Assembly to discuss it again within ve days from:
Constitutional court powers Emergency provisions
Approval or veto of general legislation
1. The deadline to challenge constitutionality according to provisions of the rst paragraph of Article 120. 2. Issuance of a decision on its constitutionality or when the Constitutional Court abandons it according to provisions of the third paragraph of Article 121, in the case of challenging the meanings included in the rst paragraph of Article 120.
Upon return, the rati cation of ordinary draft laws requires the approval of an absolute majority of the members of the Assembly, while draft organic laws require the approval of three fths of the members.
The President of the Republic may, in exceptional circumstances, within the deadlines for return of a draft law, submit for a referendum draft laws related to the rati cation of treaties, to freedoms and human rights, or personal status, which were adopted by the Assembly of the Representatives of the People. The submission to referendum shall be deemed a waiver of the right to return the draft law to the Assembly.
If the result of the referendum is the rati cation of the draft law, the President of the Republic shall sign it and order to publish it within a period not exceeding ten days from the date of announcement of the results of the referendum.
The election law shall regulate the procedures for conducting the referendum and announcing its results.
The President of the Republic may, in the event of a temporary inability to perform his/her tasks, temporarily delegate his/her powers to the Head of Government for a maximum period of 30 days, renewable once.
The President of the Republic shall inform the Speaker of the Assembly of the Representatives of the People of the temporary delegation of powers.
In the event of the position of President of the Republic becoming temporarily vacant for reasons that prevent the President of the Republic from delegating his/her powers, the Constitutional Court shall promptly meet and declare the temporary vacancy of the of ce, and the Head of Government shall immediately be invested with the responsibilities of the President of the Republic. The period of temporary vacancy may not exceed sixty days.
Should the temporary vacancy exceed the sixty-day period, or if the President of the Republic submits a written resignation to the President of the Constitutional Court, or in the event of his/her death or absolute incapacity, or for any other reason that causes a permanent vacancy, the Constitutional Court shall promptly meet and acknowledge the permanent vacancy and notify the Speaker of the Assembly of the Representatives of the People who shall, on a temporary basis, immediately undertake the tasks of the President of the Republic for a period of no less than forty- ve days and no more than ninety days.
In the event of permanent vacancy, the interim President of the Republic shall take the oath set out in the Constitution before the Assembly of the Representatives of the People, and in case it is necessary before the Assembly’s Bureau or before the Constitutional Court in the event that the Assembly has been dissolved.
The interim President of the Republic, during the temporary or permanent vacancy of the of ce, exercises the presidential responsibilities. He/she shall not be entitled to
Veto override procedure
Treaty rati cation Referenda
International law
Oaths to abide by constitution
Head of state replacement
