Mustafa Ben Jaafar is a human rights activist who dared to oppose Ben Ali’s rule even when the dictatorship was at its strongest. He was the Secretary General of the Democratic Forum for Labor and Liberties (FDTL), which together with the parties of Ennahda and the Congress for Republic (CPR), forms one of the ruling coalition parties. He subsequently became the president of the Constituent Assembly (CA).
Mustafa Ben Jaafar is a human rights activist who dared to oppose Ben Ali’s rule even when the dictatorship was at its strongest. He was the Secretary General of the Democratic Forum for Labor and Liberties (FDTL), which together with the parties of Ennahda and the Congress for Republic (CPR), forms one of the ruling coalition parties. He subsequently became the president of the Constituent Assembly (CA).
Though his fixed stand against every amendment on chapter 1 of the Tunisian constitution, declaring Tunisia a civil state, is recognized, Ben Jaafar is severely criticized by his own supporters, as he [sic] turned away from his principles and accepted to be under the wing of Ennahda Party.
Ben Jaafar explains the reasons behind the delay of the drafting of the new constitution and talks about redrawing the country’s political map. He also addresses the accusations sent to the FDTL by its members, accusing Ben Jaafar personally of submitting to EP hegemony and denying his democratic principles.
What have the CA members achieved in drafting the constitution?
The constitutional committees have started discussing and writing the new constitution draft since last February, and then suggested the constitutional institutions. In mid-February, hearings dedicated for civil society organizations and professional associations were held, and concluded by presenting the first draft in August. Draft 2 is being developed and will be discussed by the CA in a public meeting.
Following the public discussion, the final draft will be written by the drafting committee taking into consideration all proposals, including those presented during the National Dialogue Conference, held at the level of provinces between November 4 -25, 2012. Such a process will help the constitution embody, as much as possible, the Tunisian people’s expectations and interests.
We are in an advanced stage, however, drafting the constitution will be interrupted in December by the discussion of next year’s budget, and then will be resumed in early January. Therefore, Tunisia intends to have its new constitution endorsed by the end of January 2013.
It should be mentioned that the delay also results from the other CA tasks. In addition to constitution drafting, these tasks include legislation, government monitoring, and government questioning sessions; all being carried out at the expense of our original task; drafting the constitution.
You have performed a significant role in maintaining chapter one of the constitution. Is there any final agreement on it? Is the state civilization still threatened in Tunisia?
Concerning chapter one of the constitution, which states that “Tunisia is a free, independent and sovereign state, with Islam as its religion, Arabic as its language and republic as its regime”. I surely don’t imagine any political side even contemplating the idea of abrogating that chapter and the principle of a civil state is guaranteed, unless undermined by other chapters. Other terms or contents may be incorporated that cast doubts over the civilization. So, we all, political parties and civil society, should be cautious and work hand in hand to prevent that.
Concerning the work of the aforesaid committees and in regard to appointing the committee of constitutional bodies within the CA, why was a definite decision not reached early in the electoral body? Will this negatively affect the date of the next elections?
That’s right, I believe that the issue should have been decided during May or June, but now the draft is in our hands and I don’t think that it is too late given that the coming body will not start from scratch and will build on all findings and competences provided by the former body which has successfully accomplished its mission.
The hardest task is, however, to urge 4 million Tunisians who had not registered to vote in the previous elections to take part this time around. In any case, the elections are to be held next June as scheduled.
We noted the frequent absence of CA members from its meetings, is there any action to be taken to address that issue?
This issue has been raised due to the transparency under which CA works and the broadcasting of its meetings live on the national TV. This would sensualize and prompt members to punctuality, presence and active participation. However, this does not abolish the strenuous efforts by CA members, as they attend tens of open sessions with an average of 6-10 hours per day, not to mention the hundreds of sessions at the committee level.
While All CA members have been elected by citizens on the basis of electoral roll, they changed their political orientation by joining other parties. Is this permissible or is it illegal and who is to blame for this mess?
This “political tourism” is absolutely an unintentional legal flaw because the democratic experience in our country is still fresh. This is a “matter of morality”, and some CA members, strikingly, turn 180 degrees and go to the opposite extreme in terms of their principles and agenda.
A faction within the CPR pushes toward imposing conditions for staying in the ruling troika, notably neutralizing the sovereign Ministries, ending the chaos and dissolving the revolution protection leagues, how do you see those?
Conditions should be set before, not after, entering into an alliance. I see that the tactics pursued by some CPR members through setting new conditions is not assuring for the troika’s stability or the coalition continuation. It is unreasonable that they call for stability, while getting involved in undermining the government stability.
As for us, the FDTL (Bin Jaafar’s party), we don’t move to the next phase before we evaluate the previous one. I believe that this is time we call ourselves to account and bravely pinpoint our shortcomings and review them.
Will the coalition between the FDTL and the EP be maintained?
At this stage, our alliance with them will persist and we will evaluate this experiment on the occasion of convening the FDTL congress by late January 2013. We will determine our position regarding the next elections and conferees will have the final word whether, or not, to continue this coalition?
Are you planning on running for president?
For some actors, the electoral campaigns are always underway, but for us, at this stage, we are fully occupied with writing the constitution.
Personally speaking, the issue of running for president is neither on the table nor unlikely. It will be put forward in the appropriate time, when the country’s political regime is determined; as it is unreasonable to run for president while our political regime has not been determined yet.
How do you explain the large number of resignees from FDTL?
Everyone is talking about resignations but no one is talking about the new members joining in. This is natural because the FDTL is being targeted by certain sides. Some believe it has failed to fulfill public expectations, and the government is dominated by EP, because its members are occupying all key government positions. For us, it’s not true, and history will speak of our success through achieving the national interest successfully.
As for some FDLL’s activists, especially those who were not patient enough to see that politics is not just black and white, but sometimes gray, they will discover that they are mistaken. Thus, concessions must sometime be made in order to keep the process on track, the matter which is misunderstood by some individuals. But I’m sure that they will eventually retreat from their stance and return to FDLL.
What makes you so sure about that?
I’m sure because the FDTL has a history; something the new parties don’t have, and it has a well-defined agenda. As for the resignations, almost all political parties in Tunisia experienced this phenomenon at some point, with the exception of the EP because its members are more disciplined.
Essam al-Shabi of the Republican Party announced that a national front for the democratic forces and civil society will be formed to defend freedoms and stand against violence. Are you going to be part of this front?
I believe that
Mustafa Ben Jaafar is a human rights activist who dared to oppose Ben Ali’s rule even when the dictatorship was at its strongest. He was the Secretary General of the Democratic Forum for Labor and Liberties (FDTL), which together with the parties of Ennahda and the Congress for Republic (CPR), forms one of the ruling coalition parties. He subsequently became the president of the Constituent Assembly (CA).
Though his fixed stand against every amendment on chapter 1 of the Tunisian constitution, stating Tunisia a civil state, is recognized, Ben Jaafar is severely criticized by his own supporters, as he [sic] turned away from his principles and accepted to be under the wing of Ennahda Party.
Ben Jaafar explains the reasons behind the delay of the drafting of the new constitution and talks about redrawing the country’s political map. He also addresses the accusations sent to the FDTL by its members, accusing Ben Jaafar personally of submitting to EP hegemony and denying his democratic principles.
What have the CA members achieved in drafting the constitution?
The constitutional committees have started discussing and writing the new constitution draft since last February, and then suggested the constitutional institutions. In mid-February, hearings dedicated for civil society organizations and professional associations were held, and concluded by presenting the first draft in August. Draft 2 is being developed and will be discussed by the CA in a public meeting.
Following the public discussion, the final draft will be written by the drafting committee taking into consideration all proposals, including those presented during the National Dialogue Conference, held at the level of provinces between November 4 -25, 2012. Such a process will help the constitution embody, as much as possible, the Tunisian people’s expectations and interests.
We are in an advanced stage, however, drafting the constitution will be interrupted in December by the discussion of next year’s budget, and then will be resumed in early January. Therefore, Tunisia intends to have its new constitution endorsed by the end of January 2013.
It should be mentioned that the delay also results from the other CA tasks. In addition to constitution drafting, these tasks include legislation, government monitoring, and government questioning sessions; all being carried out at the expense of our original task; drafting the constitution.
You have performed a significant role in maintaining chapter one of the constitution. Is there any final agreement on it? Is the state civilization still threatened in Tunisia?
Concerning chapter 1 of the constitution, which states that “Tunisia is a free, independent and sovereign state, with Islam as its religion, Arabic as its language and republic as its regime”. I surely don’t imagine any political side even contemplating the idea of abrogating that chapter and the principle of a civil state is guaranteed, unless undermined by other chapters. Other terms or contents may be incorporated that cast doubts over the civilization. So, we all, political parties and civil society, should be cautious and work hand in hand to prevent that.
Concerning the work of the aforesaid committees and in regard to appointing the committee of constitutional bodies within the CA, why was a definite decision not reached early in the electoral body? Will this negatively affect the date of the next elections?
That’s right, I believe that the issue should have been decided during May or June, but now the draft is in our hands and I don’t think that it is too late given that the coming body will not start from scratch and will build on all findings and competences provided by the former body which has successfully accomplished its mission.
The hardest task is, however, to urge 4 million Tunisians who had not registered to vote in the previous elections to take part this time around. In any case, the elections are to be held next June as scheduled.
We noted the frequent absence of CA members from its meetings, is there any action to be taken to address that issue?
This issue has been raised due to the transparency under which CA works and the broadcasting of its meetings live on the national TV. This would sensualize and prompt members to punctuality, presence and active participation. However, this does not abolish the strenuous efforts by CA members, as they attend tens of open sessions with an average of 6-10 hours per day, not to mention the hundreds of sessions at the committee level.
While All CA members have been elected by citizens on the basis of electoral roll, they changed their political orientation by joining other parties. Is this permissible or is it illegal and who is to blame for this mess?
This “political tourism” is absolutely an unintentional legal flaw because the democratic experience in our country is still fresh. This is a “matter of morality”, and some CA members, strikingly, turn 180 degrees and go to the opposite extreme in terms of their principles and agenda.
A faction within the CPR pushes toward imposing conditions for staying in the ruling troika, notably neutralizing the sovereign Ministries, ending the chaos and dissolving the revolution protection leagues, how do you see those?
Conditions should be set before, not after, entering into an alliance. I see that the tactics pursued by some CPR members through setting new conditions is not assuring for the troika’s stability or the coalition continuation. It is unreasonable that they call for stability, while getting involved in undermining the government stability.
As for us, the FDTL (Bin Jaafar’s party), we don’t move to the next phase before we evaluate the previous one. I believe that this is time we call ourselves to account and bravely pinpoint our shortcomings and review them.
Will the coalition between the FDTL and the EP be maintained?
At this stage, our alliance with them will persist and we will evaluate this experiment on the occasion of convening the FDTL congress by late January 2013. We will determine our position regarding the next elections and conferees will have the final word whether, or not, to continue this coalition?
Are you going to run for president?
For some actors, the electoral campaigns are always underway, but for us, at this stage, we are fully occupied with writing the constitution.
Personally speaking, the issue of running for president is neither on the table nor unlikely. It will be put forward in the appropriate time, when the country’s political regime is determined; as it is unreasonable to run for president while our political regime has not been determined yet.
How do you explain the large number of resignees from FDTL?
Everyone is talking about resignations but no one is talking about the new members joining in. This is natural because the FDTL is being targeted by certain sides. Some believe it has failed to fulfill public expectations, and the government is dominated by EP, because its members are occupying all key government positions. For us, it’s not true, and history will speak of our success through achieving the national interest successfully.
As for some FDLL’s activists, especially those who were not patient enough to see that politics is not just black and white, but sometimes gray, they will discover that they are mistaken. Thus, concessions must sometime be made in order to keep the process on track, the matter which is misunderstood by some individuals. But I’m sure that they will eventually retreat from their stance and return to FDLL.
What makes you so sure about that?
I’m sure because the FDTL has a history; something the new parties don’t have, and it has a well-defined agenda. As for the resignations, almost all political parties in Tunisia experienced this phenomenon at some point, with the exception of the EP because its members are more disciplined.
Essam al-Shabi of the Republican Party announced that a national front for the democratic forces and civil society will be formed to defend freedoms and stand against violence, are you going to be part of this front?
I believe that we are no longer under Bin Ali’s dictatorship in order to form a front to defend freedoms. Such a front has no meaning within the new unprecedented freedom environment in Tunisia; no one can doubt this reality.
But there are ongoing fears for freedoms and the securing of freedoms on the constution is still a hotly debated issue among the country’s intellectuals, artists and law activists. Will chapter 26 be reviewed and the exceptions, restricting freedoms in the name of public security and religion abuses, be abrogated?
A compromise must be reached to guarantee freedoms and ensure respect of religion; this would not present any problem. The real challenge, however, is to develop unambiguous phraseology in order to prevent any contradictory interpretations in the future.
a front to defend freedoms. Such a front has no meaning within the new unprecedented freedom environment in Tunisia; no one can doubt this reality.
But there are ongoing fears about freedoms and the securing of freedoms. The constitution is still a hotly debated issue among the country’s intellectuals, artists and law activists. Will chapter 26 be reviewed and the exceptions, restricting freedoms in the name of public security and religion abuses, be abrogated?
A compromise must be reached to guarantee freedoms and ensure respect of religion; this would not present any problem. The real challenge, however, is to develop unambiguous phraseology in order to prevent any contradictory interpretations in the future.
