In a position paper published today, the ICJ assesses the conformity of key provisions of the new Constitution with international law and standards.
On 26 January 2014, three years after the ouster of President Ben Ali, the Tunisian National Constituent Assembly voted for the new Constitution.
The ICJ believes that the adopted Constitution is the product of a representative and inclusive process.
The Constitution provides for better guarantees for upholding the rule of law and protecting human rights.
It expands on the rights provided for by the 1959 Constitution and establishes a more balanced separation of powers.
Nevertheless, in certain key respects, the Constitution falls short of international law and standards.
The ICJ recommends that the Tunisian authorities take into account the deficiencies in the Constitution highlighted in this paper when enacting legislation to implement constitutional provisions and defining public policy.
Tunisia-New Constitution assessment by ICJ-Advocay-Position Paper 2014 (full text in pdf)