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Ed Webb

Tunisia's Compromise Constitution - Sada - 0 views

  • Despite the reassurances of articles 40 and 45 as safeguards for women’s rights in Tunisia’s next constitution, women’s rights groups nonetheless still see much work to be done. They fear that article 7, which defines the family as “the nucleus of society” might be used later to limit women’s rights. For example, this could mean limiting women’s right to a divorce in the name of protecting the family. They also argue that article 21, which states that “the right to life is sacred” could be used to ban abortion, which is currently legal in the early stages of pregnancy. More likely, women’s rights groups could use articles 20 and 45 to push for a revision of the inheritance law, which is currently based in Islamic law.
  • While Western observers praise the current text as the best and most modern constitution in the Arab world, many Tunisians say that they do not want to have the most modern one in the region, but would rather see a good, coherent constitution. As it stands, the text reflects well the antagonisms that shape Tunisian society itself—compared to the 1959 post-independence constitution, which was closer to the elite’s vision of society than to social reality. The new text also highlights Tunisia’s contradictions. It will be for the Constitutional Court, to be established for the first time in the country’s history, to find (for the roughly 150 articles of text) a coherent interpretation that aims to guarantee Tunisians a democratic future.
Ed Webb

Don't Blame Islam for the Failure of Egypt's Democracy - Bloomberg - 0 views

  • Why has democratic constitutionalism worked relatively well in one North African Arab country while it has crashed and burned in another? And what will the answer tell us about the future of democracy in the Arabic-speaking world, from Libya to Syria and beyond?
  • During his decades in exile, Ghannouchi wrote extensively about the compatibility of Islam and democracy, and developed a relatively liberal vision of how Islam and the state should interact. Skeptics then claimed that Ghannouchi’s views were a cover for a more radical agenda; and some Tunisian secularists still think so. But the evidence thus far is sharply to the contrary. When Islamists called for inserting a reference to Shariah into the Tunisian constitution -- usually the sine qua non for any Islamic political party -- Ghannouchi took seriously the opposition from secularists. In a dramatic showdown with members of his own party’s leadership, he reportedly threatened to resign unless they dropped the measure.
  • Ghannouchi’s position is straightforward: He wants Tunisians to adopt Islamic values, but piety means nothing if imposed by coercion. Islam, he believes, will succeed in persuading people to adopt its truths more effectively if they don’t have its teachings shoved down their throats.
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  • willingness to share governing responsibility is probably the single-most-salient factor separating Tunisia’s relative success from Egypt’s disaster
  • Democracy requires parties to learn to work together and take account of one another’s interests. Those out of power must believe they will eventually be re-elected, and those in power must know they, too, will cycle out. That alone creates incentives to treat the opposition with political consideration and moral respect.
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