The revolution immunization draft law— which would exclude members of the former regime from participating in politics— is again up for debate in the National Constituent Assembly (NCA). Proponents believe it is the best guarantee against the return of Ben Ali regime figures, while opponents consider it not only exclusionary but also inconsistent with human rights, as they believe that excluding members of the Constitutional Democratic Rally (RCD) depreciates their citizenship and political and social rights, especially since it is not based on a court decision.
The revolution immunization draft law— which would exclude members of the former regime from participating in politics— is again up for debate in the National Constituent Assembly (NCA). Proponents believe it is the best guarantee against the return of Ben Ali regime figures, while opponents consider it not only exclusionary but also inconsistent with human rights, as they believe that excluding members of the Constitutional Democratic Rally (RCD) depreciates their citizenship and political and social rights, especially since it is not based on a court decision.
Having been proposed by the bloc of the Congress for the Republic Party (CPR) – the party of President Moncef Marzouki – and supported by the CPR’s ally, Ennahda Movement, the draft of the political isolation law, or the revolution immunization law, has been a contentious topic among the political elite and legislators for months.
Between both stances, the question remains: “Is the proposed law intended to immunize the revolution or the regime?” Most observers and political analysts see the law as basically targeting President of Call for Tunisia Party Beji Caid el Sebsi who was from 1990 to 1991 the President of the Chamber of Deputies under Ben Ali and is considered the strongest competitor of Ennahda and its allies in the coming elections.
Wiping out potential competition?
The potential for leaving the luxurious chair of power arouses fear among Ennahda and its allies, as their opponents see, and in order for such potential not to be materialized, they insist on excluding their true political opponents so that only they have a place in the coming elections. This is exactly what raises doubts about the reasons standing behind their opposition to Ben Ali in the past; was it the supreme interest of Tunisia, or a mere desire for taking the power previously seized by Ben Ali.
Suppose that Ennahda seriously aims at calling to account and that the country’s supreme interest and saving Tunisians are the real goals of its isolation law, what about the draft transitional justice? And what about the transitional course called for by various political components? What value would transitional justice have if people were deprived of practicing politics for a mere ‘suspicion’?
Many political analysts believe that endorsing that law leaves no chance for implementing the mechanisms of transitional justice. If endorsed, the law will be a mass exclusionary procedure against a certain party. Moreover, the law contradicts the spirit of democracy originally based on the freedom of expression and choice since it will lead to electoral results satisfying the will of its supporters, rather than that of the people who initiated the revolution.
Apologizing is the solution
This draft law has caused double-minded attitudes and declarations even by the parties clinging to it. Leaders of Ennahda stated the possibility to refrain from endorsing it and apologizing for the people instead.
Rashid Ghannouchi, leader of the ruling Ennahda party, said his party bloc neither submitted proposals nor passed laws, and stressed in press statements this week that the matter was about interaction and about the will of NCA rather than that of Ennahda. He however did not conceal that there was a trend towards amending the law in terms of narrowing down the range of those affected.
Refuting that the law aimed at taking revenge, Ghannouchi added that it “aims at protecting the revolution and is considered a completion of the previously enacted election decree which prevented a number of the RCD members from participating in the NCA elections.”
Collective punishment
Lawyer Abdelfattah Mourou, Ennahda Vice-Chairman, warns against enacting the law considering that “it will neither change nor negate the situation,” as he puts it. He stresses that it is the people rather than any political actor who is entitled to exclude the RCD members.
Describing the law as abnormal, el Sebsi says it will exclude 60,000 Tunisians from politics, which is tantamount to denaturalizing them. He believes that the law is implicitly aimed at settling scores and crippling the democratic progress, calling upon the NCA members to abstain from endorsing it to preserve Tunisia’s reputation.
El-Sebsi says the law might lead to violence and mutual exclusion, especially since wise men proposed to persecute only those involved in the former regime’s crimes, then exclude them by virtue of a court order.
Many political analysts believe that the apology Ghannouchi talked about may be a way out of this dilemma in case the ruling party insists on immunizing the revolution away from the judiciary and court orders, especially since Tunisia needs all Tunisians.
They also see that as the law is basically targeting the RCD members and those who worked with the former regime; it will neutralize an economically influential social group and exclude a significant number of competencies that worked for the former regime though not affiliated with any party.
Others consider the law as a collective punishment of RCD’s members since all trials of the RCD prominent figures, including secretaries general and ministers, lack evidence required to exclude them from politics once and for all. This has created a semi-consensus among observers that these trials are sensationally political cases aimed at judging the entire collapsed regime and that the revolution immunization goes beyond the revolution to the ruling regime in favor of a certain political group whatever the cost to be paid by the country and the people.
