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تونس: انتخابات رئاسية صورية

The article argues that Tunisia’s October 2024 presidential election was engineered by Kais Saied’s increasingly authoritarian regime to foreclose genuine competition and preserve power under the appearance of legality.

Arab Reform Initiative · By Fekih; Hakim · 6 September 2024 · read the original in Arabic →

في 2 يوليو/تموز 2024، أصدرت رئاسة الجمهورية التونسية بيانا صحفيا أعلنت فيه عن إجراء الانتخابات الرئاسية في 6 أكتوبر/تشرين الأول 2024. على خلفية الأزمة السياسية التي تعيشها تونس منذ عدة سنوات، يعمل قيس سعيد، منذ انقلابه في 25 يوليو/تموز 2021، على إرساء نظام استبدادي بعد فشل الانتقال الديمقراطي الذي بدأ في عام 2011. وبينما كان جزء كبير من المعارضة يأمل في استغلال الانتخابات الرئاسية كفرصة لطي صفحة حكم قيس سعيد، يبدو أن النظام مصمم على ضمان فوز سعيد بأي ثمن، حتى لو كان ذلك يعني تنظيم انتخابات صورية ومنع المرشحين من الترشح.

On July 2, 2024, the Tunisian presidency issued a press statement announcing that the presidential election would be held on October 6, 2024. Against the backdrop of the political crisis Tunisia has been living through for several years, Kais Saied, since his coup of July 25, 2021, has been working to establish an authoritarian order after the failure of the democratic transition that began in 2011. While a large part of the opposition had hoped to use the presidential election as an opportunity to turn the page on Saied’s rule, the regime appears determined to ensure his victory at any price, even if that means staging a sham election and preventing candidates from running.

The Political Contextالسياق السياسي

في 25 يوليو 2021، بينما كانت تونس تمر بأزمة اقتصادية وصحية عامة خطيرة ناجمة عن جائحة كوفيد-19، قام الرئيس التونسي قيس سعيد، المنتخب ديمقراطيًا في 2019، بتفعيل المادة 80 من الدستور التي تتيح للرئيس بعض الصلاحيات الاستثنائية ”في حالة خطر وشيك“ ليمنح نفسه جميع الصلاحيات. وقام بتجميد البرلمان، ثم حله بعد بضعة أشهر. وقام بتعليق العمل بالدستور واعتمد دستورًا جديدًا عن طريق الاستفتاء في 25 يوليو/تموز 2022. وأنشأ نظامًا رئاسيًا استبداديًا متشددًا يتم فيه تكميم أصوات المعارضة. وقد تم اعتقال ومحاكمة العديد من المعارضين السياسيين. ومن أشهرها محاكمة التآمر ضد أمن الدولة، والتي يخضع فيها العديد من المعارضين للحبس الاحتياطي منذ فبراير/شباط 2023.1“Affaire du complot contre la sûreté de l’État : un an après, quel bilan ?”, Inkyfada 2024.

On July 25, 2021, as Tunisia was passing through a grave economic and public-health crisis caused by the Covid-19 pandemic, Tunisian President Kais Saied, who had been democratically elected in 2019, invoked Article 80 of the constitution, which grants the president certain exceptional powers “in the event of imminent danger,” in order to arrogate all powers to himself. He froze parliament, then dissolved it a few months later. He suspended the constitution and adopted a new one by referendum on July 25, 2022. He established a rigidly authoritarian presidential system in which opposition voices are muzzled. Numerous political opponents have been arrested and prosecuted. The best-known of these cases is the conspiracy against state security trial, in which several opposition figures have been held in pretrial detention since February 2023. 1 “Affaire du complot contre la sûreté de l’État : un an après, quel bilan ?”, Inkyfada 2024.

In the three years following the 2021 coup, Kais Saied created a new political system through legislative and local elections that were largely boycotted by the opposition and saw record abstention rates approaching 90 percent. 3 Lilia Blaise, “En Tunisie, l’abstention massive aux élections législatives accentue la crise politique”, Le Monde, 2023.

In this context, the presidential election of October 2024 is therefore the first full opportunity to test the extent of Tunisians’ attachment to the president and his project. Yet the regime appears unwilling to risk defeat, and has done everything in its power to place the incumbent president in a position where victory is almost certain.

The Successful Candidatesالمرشحون الناجحون

Although some opposition parties, such as the Workers’ Party led by Hamma Hammami, had decided early on to boycott the election, 5 “Hamma Hammami : nous boycotterons les prochaines présidentielles”, Kapitalis, 2024.

Ayachi Zammel: A businessman and former member of parliament, he was elected in 2019 on the lists of Tahya Tounes, the party formed by former prime minister Youssef Chahed. On June 27, 2022, he created his political party, Azimoun. Little known to the general public, Zammel focuses his discourse on economic and social issues. Liberal in outlook, he presents himself as a convinced democrat. He has declared his support for all political prisoners and prisoners of conscience, and affirmed his commitment to freedom of expression and the press and to the separation of powers. His campaign slogan is “turn the page.” Although he has not attacked the president of the republic directly, and has taken timid positions that have not always been audible on the restriction of freedoms and political arrests, he is viewed as an opposition candidate capable of building alliances with various opposition forces. 6 Video presentation of Ayachi Zammel’s electoral program, Facebook, 2024.

Zouhair Maghzaoui: The secretary-general of the Arab nationalist People’s Movement, he was among those who supported the July 25 coup and the entire process of founding the new political system. In particular, he called for a “yes” vote in the 2022 referendum on the new constitution. Since 2023, however, he has begun distancing himself from the regime, especially after the low turnout in the legislative elections. His party refused to take part in the local elections of December 2023. In his campaign speeches, he has insisted on the need to protect freedom of expression, particularly through the repeal of Decree 54, and has criticized the regime on several points, including the lack of transparency surrounding its agreements with Italy on migration issues. Once the presidential candidates were announced, he decided to attack Kais Saied directly, thereby making a 180-degree turn; but his initial positions in support of the coup mean that it will be difficult for him to build alliances with the opposition. 8 “Qui est vraiment Zouhair Maghzaoui ?”, Businessnews, 2024.

Kais Saied: The incumbent president, elected in 2019 in the second round against Nabil Karoui, when he won more than 70 percent of the vote thanks to his anti-corruption stance. In 2021 he carried out a coup to seize all powers and establish a new political system. As a populist candidate, he built his discourse on a division between the old political class, which had occupied the stage during a decade of democratic transition, and the people he claimed to wish to represent. His term has been marked by restrictions on freedoms and a return to a form of authoritarianism. His economic and social record has also been rather weak, with conditions continuing to deteriorate during his mandate. Yet his populist rhetoric and his accusations that his opponents are engaged in conspiracy and treason ensure that he continues to enjoy substantial popular support. In his speeches, he constantly repeats that Tunisia is in the midst of a “war of national liberation.”

An Undemocratic Electoral Process: A Repressive and Anti-Democratic Political Context

The presence of only three candidates in the presidential election, and the rejection of a number of credible candidates, call the legitimacy of the electoral process into question. The entire opposition, from Islamists to the left and the Destourian family, has denounced the undemocratic context in which these elections are being held. The president himself appointed the members of the Independent High Authority for Elections, 10 “Démocratie. En Tunisie, le président met la main sur l’instance électorale”, Courrier International, 2022.

Moreover, most prominent political leaders of the main opposition parties are in prison. Among them are Rached Ghannouchi, leader of the Islamist Ennahda party, detained since April 2023; Abir Moussi, president of the Free Destourian Party, imprisoned since October 2023; Ghazi Chaouachi, former secretary-general of the Democratic Current, and Issam Chebbi, president of the Republican Party, both social democrats imprisoned since February 2023.

Pressure on the media has also increased. In May 2024, lawyer and television commentator Sonia Dahmani was arrested because she had said on television that Tunisia was not a good place to live. 11 “Tunisie : l’avocate Sonia Dahmani condamnée à un an de prison pour diffusion de fausses nouvelles”, France 24, 2024.

A Presidential Race Strewn with Pitfallsسباق رئاسي محفوف بالمزالق

Long before the election date was announced, several candidates declared their intention to run. This was the case for Lotfi Mraihi, leader of the Republican People’s Union, who came seventh in the 2019 election with 6.56 percent of the vote, and who has opposed Kais Saied since the coup of July 25, 2021. He announced his candidacy in April 2024, but was arrested in July and sentenced to eight months in prison with lifelong disqualification. The same applies to Safi Saïd, a journalist and writer from the Arab nationalist movement, who also ran in 2019 and won 7.4 percent of the vote, and who was likewise opposed to the president of the republic. In June 2024, he was sentenced in absentia to four months in prison, before attempting to flee to Algeria the following August; he was arrested at the border and given a three-month suspended prison sentence.

These two cases, among others, testify to the political climate in which the current regime seeks to deter candidates from running. Several candidates nevertheless decided to enter the electoral race once the election date had been announced, even though most of them were unable to overcome the obstacles placed before the inclusion of their names on the ballot. The electoral law lays down eligibility conditions, some of which are difficult to meet, making it hard for candidates to complete their nomination files. Among these conditions, two received extensive media coverage: the need to obtain Bulletin No. 3, an extract from the criminal-record register; and the need to collect endorsements, either from 10 deputies from the Assembly of the Representatives of the People or the National Council of Regions and Districts, from 40 heads of local authorities, or from 10,000 voters registered on the electoral rolls in at least 10 constituencies, with at least 500 voters in each. 14 “Présidentielle : Les conditions des parrainages”, Mosaiquefm, 2024.

The first condition was sharply criticized. Several candidates applied to the Ministry of Interior to obtain the required document, but either received negative replies, as in the case of the rapper Karim Gharbi, known as K2Rhym, who withdrew from the race; received no reply at all, as in the case of retired Admiral Kamel Akrout, who also decided to withdraw; or chose to submit their file with the document missing, as did Mondher Zenaidi, a former minister under Ben Ali.

As for the second condition, it was criticized because of the complexities involved in collecting endorsements. Since the Assembly of the Representatives of the People, the National Council of Regions and Districts, and local authorities are composed essentially of elected representatives close to the regime, the only remaining option for candidates is popular endorsement. Yet the new electoral boundaries, which created 161 constituencies, many of them very small, make this task extremely difficult for candidates. For example, the Independent High Authority for Elections rejected the files of candidates such as Dhaker Lahidheb, former leader of the Social Democratic Union; Néji Jalloul, former minister in the Nidaa Tounes party; and Mondher Zenaidi for lack of authorizations, even though the number of authorizations submitted in the files of both Lahidheb and Zenaidi exceeded 10,000; the authority held, however, that some of them did not meet the specified requirements.

Proceedings Before the Administrative Court and the Legal Impasseإجراءات المحكمة الإدارية والمأزق القانوني

Several candidates whose applications had been rejected by the Independent High Authority for Elections turned to the Administrative Court, known for its independence from the executive branch. In a decision that came as a general surprise and raised hopes that the election might, in the end, be competitive, the Administrative Court accepted the appeals of three candidates on August 27, 29, and 30, overturning the decision of the Independent High Authority for Elections to exclude them and, in effect, restoring them to the presidential race:

Abdellatif Mekki: A former leading figure in the Islamist Ennahda party, he served as minister of health during the Troika period, between 2011 and 2014, and then in Elyes Fakhfakh’s government in 2020. He gained prominence under the Fakhfakh government for his handling of the first wave of the Covid-19 pandemic, which was considered successful and earned Mekki a rise in popularity in opinion polls. A former political prisoner under Ben Ali, Mekki belonged to the moderate wing of the Islamist party before leaving it in September 2021 to launch his own party, Work and Achievement, in June 2022. After announcing his candidacy on June 26, 2024, he appeared before an investigating judge in a case dating back to 2014, and a decision was issued banning him from travel and from media appearances. 15 “Abdellatif El Mekki banned from travel and media appearances”, Businessnews, 2024.

Mondher Zenaidi: A former member of the Constitutional Democratic Rally, he held several ministerial posts under Ben Ali: transport, trade, tourism, and health. Although he participated in Ben Ali’s dictatorial regime, he was one of the ministers described as “technocrats,” chosen for their competence. After the 2011 revolution, he chose to move to France. In 2014, he ran in the presidential election as an independent candidate, but won only 0.74 percent of the vote. As the 2024 election approached, he announced his candidacy for the presidency, and there was increasing talk of his candidacy as a real challenge to President Kais Saied.

Imed Daimi: The former secretary-general of the Congress for the Republic party, he was appointed chief of staff to President Moncef Marzouki when the latter was elected president of the republic by the National Constituent Assembly in 2011. In 2013, he left government to become secretary-general of the Congress for the Republic, then in 2015 followed Moncef Marzouki into his new party, Harak Tounes al-Irada, becoming its vice president. Known for his conservative positions and his commitment to fighting corruption, he founded the NGO I Watch in 2019, with the aim of promoting transparency and citizen oversight of institutions.

However, three days after the Administrative Court’s decisions, on September 2, the president of the Independent High Authority for Elections, Farouk Bouasker, announced the final list of successful candidates in a statement broadcast on national television in the absence of any journalists. Contrary to the principles of Tunisian law, he refused to implement the Administrative Court’s decisions, and thus only the three candidates initially retained remained in the race: Kais Saied, Zouhair Maghzaoui, and Ayachi Zammel.

This announcement represents a real political and legal earthquake. By this decision, the president of the Independent High Authority for Elections is plainly violating the electoral law, which stipulates that the authority is obliged to implement the decisions of the Administrative Court, 16 “En Tunisie, l'instance électorale éteint tout espoir d'une présidentielle démocratique”, Jeune Afrique, 2024.

Finally, on the very day the list was announced, Ayachi Zammel, one of the three candidates shortlisted, was arrested on suspicion of falsifying endorsements. Two days later, an arrest warrant was issued against him, which will most likely prevent him from conducting his electoral campaign.

Conclusionخاتمة

Since the coup of July 25, 2021, Kais Saied has established an authoritarian and rigidly presidential political system. Over three years, he has dismantled the structure of the democratic order put in place after the 2011 revolution. The presidential election, which could have been the first comprehensive test of citizens’ approval of his choices, will be a sham election of the kind organized by the most hardened dictatorial and authoritarian regimes. Indeed, over three years he has created a climate of fear, imprisoned his opponents, and suspended the sword of Damocles over journalists’ heads. Today, as the presidential election approaches, his regime has escalated its repressive measures, arresting or excluding candidates and even going so far as to deny the basic principles of the rule of law in order to cling to power. The president’s likely victory on October 6 will enable him to remain at the head of the country, but his legitimacy will remain fragile. Unfortunately, Tunisia’s democratic arc appears to be narrowing ever further, unless an unexpected popular surge occurs.

EndnotesEndnotes

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