See related documentsElection observation report
| Doc. 13672
| 26 January 2015
Observation of the presidential election in Tunisia (23 November and 21 December 2014)
1. Introduction
1. At its meeting on 2 September 2014, the Bureau of
the Parliamentary Assembly decided, subject to an invitation to
that effect, to observe the parliamentary elections in Tunisia on
26 October 2014 and the presidential election on 23 November 2014,
formed ad hoc committees composed of 11 members to observe each
of these elections: SOC: 3; EPP/CD: 3; EC: 2; ALDE: 2; UEL: 1, and
authorised pre-electoral missions for both elections.
2. On 10 September 2014, the Independent High Authority for Elections
(ISIE) invited the Council of Europe to observe the elections.
3. At its meeting on 29 September 2014, the Bureau appointed
Mr Jean-Marie Bockel (France, EPP/CD) to the chair of the ad hoc
committee to observe the first round of the presidential election.
4. At its meeting on 17 November 2014, the Bureau approved the
final composition of the ad hoc committee to observe the presidential
election (Appendix 1) and decided to form an ad hoc committee with
five members, one being nominated by each political group, to observe
the second round of that election (if there was one).
5. At its meeting on 9 December 2014, the Bureau approved the
final composition of the ad hoc committee to observe the second
round of the presidential election on 21 December and appointed
Mr Andreas Gross (Switzerland, SOC) as its Chairperson (Appendix
2).
6. According to Article 15 of the co-operation agreement signed
between the Parliamentary Assembly and the European Commission for
Democracy through Law (Venice Commission) on 4 October 2004, “[w]hen
the Bureau of the Assembly decides to observe an election in a country
in which electoral legislation was previously examined by the Venice
Commission, one of the rapporteurs of the Venice Commission on this
issue may be invited to join the Assembly’s election observation
mission as legal adviser”. In accordance with this provision, the
Bureau of the Assembly invited an expert from the Venice Commission
to join the ad hoc committee as an adviser.
7. Since a mission to observe the parliamentary elections of
26 October 2014 had already been to Tunisia from 23 to 27 October,
it was not deemed necessary to organise a specific pre-electoral
mission just a month ahead of the presidential election of 23 November.
8. For the observation of the first round of the presidential
election, the ad hoc committee met in Tunis from 21 to 24 November 2014.
The programme of the meetings appears in Appendix 3, and the declaration published
after the first round is set out in Appendix 4. For the observation
of the second round of the presidential election, the ad hoc committee
met in Tunis from 20 to 22 December 2014. The programme of the meetings
is in Appendix 5 and the declaration published after the second
round is set out in Appendix 6. The ad hoc committees thank the
Council of Europe Office in Tunis for the organisation of the programme
and the logistical assistance.
2. Legal
framework
9. Following the January 2011 revolution which led to
the departure of then President Zine el-Abidine Ben Ali, Tunisia
held its first pluralist elections on 30 October 2011 to elect a
national constituent assembly. On 27 January 2014, that assembly
adopted a Constitution, which had been submitted to the Venice Commission for
an opinion beforehand. The Venice Commission did not deliver an
opinion on the electoral law.
10. The constituent assembly having completed its mandate, parliamentary
elections were held on 26 October 2014, and Mr Gross’s report on
the observation of those parliamentary elections reviews the related aspects.
11. My report will not recapitulate the information already available
in the report on the observation of the parliamentary elections,
since the presidential election was largely similar to the parliamentary
elections from the standpoint of legislation, administration and
the election campaign, but will only deal with the additional aspects
specific to the presidential election.
12. As far as the conditions of eligibility for the office of
President of the Republic are concerned, the Constitution stipulates
firstly that the person must be of the Muslim faith (Article 74).
In the same provision, the Constitution lays down a minimum age
of 35 years (this was 40 in the final draft of the Constitution)
and no maximum age, thus responding to a criticism by the Venice
Commission which did not consider usual this second age requirement
(75 years at the most, stipulated in the draft). The fact remains
that the conditions of candidacy are very vague, which was criticised
by the Venice Commission, since Article 74 stipulates that “the candidate
must have the support of a given number of members of the Assembly
of the Representatives of the People or heads of elected local authority
councils or registered voters, as specified by the election law”,
the expression “a given number of members” being particularly imprecise.
13. In addition, in its opinion on the draft Constitution, the
Venice Commission nevertheless emphasised that the draft Constitution
clearly proclaimed the civil nature of the State, the equality of
all citizens in rights and duties, and the principles of impartiality
and equality of public administration. It found the exclusion of
all non-Muslim candidates (men or women) inconsistent with these
provisions.
14. The statute in force applicable to the presidential election
is the organic law on elections and referenda enacted on 16 May
2014.
15. The President of the Republic is elected by direct universal
suffrage with an absolute majority of validated votes. As no candidate
gained an absolute majority in the first round of the election,
a second round was organised on 21 December between the two candidates
who received the most votes.
3. Registration of
candidates
16. Twenty-seven candidates stood for the presidential
election. After three had withdrawn, the citizens were called upon
to vote on 23 November for the 24 remaining contenders. There was
only one woman among the candidates.
17. The candidates included, among others, the President of Tunisia,
Mr Moncef Marzouki, the President of the Nidaa Tounes party that
won the parliamentary elections, Mr Beji Caid Essebsi, the President
of the Popular Front, Mr Hamma Hammami, and the President of the
former National Constituent Assembly, Mr Mustafa Ben Jaafer.
18. As was the case in the parliamentary elections, the presidential
election observers comprised representatives of Tunisian civil society
and of international organisations, representatives of the candidates and
parties, and representatives of the foreign and national media.
4. Election campaign
19. The official election campaign for the first round
was to start on 1 November and finish on 21 November 2014. Thus,
electoral silence was to commence on 22 November and continue through
polling day until closure of the last overseas polling station.
Considering that the overseas ballot was held over three days (21,
22 and 23 November), the election campaign actually started on 30
October and electoral silence commenced as from 20 November 2014.
20. As far as the second round is concerned, the campaign began
on 9 December and continued until 19 December.
21. The ISIE published on its website three explanatory notes
on the presidential campaign, concerning the use of the premises
of political parties, funding of electoral activities abroad and
candidates’ statements for the foreign press.
22. The first note concerns use by candidates of their party’s
resources. The ISIE authorised party candidates to use the premises,
resources and newspapers of the party to which they belonged on
condition that they pay for it at a reasonable rate, deducted from
the funds allocated to the campaign.
23. The second explanatory note concerns foreign financing. This
kind of financing is strictly prohibited and the ISIE reaffirmed
that funding of activities linked with the campaign abroad must
be effected by means of transfers from Tunisia, deducted from the
funds allocated to the campaign, and according to the arrangements and
procedures in force.
24. Finally, the third explanatory note relates to the conditions
of communication with the foreign media. The electoral law forbade
candidates to campaign using foreign media facilities, and several
candidates even refused to make any statement whatsoever. The ISIE
nevertheless considered it possible to make statements to the foreign
media, on condition that it was occasional or non-recurrent and
in a manner not leading to disguised propaganda.
5. Polling day
25. The rules of the ballot were similar to those of
the parliamentary elections, and so need not be further discussed
in this report.
26. On 23 November, the ad hoc committee split into six teams
which observed the ballot and the counting in Tunis and its environs
as well as in the governorates of Bizerte, Nabeul, Sfax and Sousse.
27. As to the process and the organisation of the polling day,
as in the parliamentary elections, the ballot went well in general.
The teams found no significant irregularity. The ballot took place
under transparent conditions and in a calm, orderly climate.
28. The results of the best-placed candidates after the first
round of the ballot were as follow:
- Mr Beji Caid Essebsi: 39.46% of votes cast;
- Mr Moncef Marzouki: 33.43%;
- Mr Hamma Hammami: 7.82%.
The turnout
was 57.73%.
29. At the second round of the ballot on 21 December, Mr Beji
Caid Essebsi won with 55.68% of votes cast.
6. Conclusions
and recommendations
30. As a sequel to the parliamentary elections, the satisfactory
conduct of the presidential election marks a new milestone of democratic
transition.
31. The ISIE organised the poll with professionalism, integrity
and complete transparency, as was moreover the case during the parliamentary
elections.
32. The high turnout of voters in the presidential poll shows
that the citizens expect the President who is elected to stand surety
for the proper functioning and the stability of the institutions
and to enter into beneficial collaboration with the Assembly of
the Representatives of the People and the government that stems
from it, in order to work for Tunisia’s economic and social development.
33. Certain aspects of the electoral process call for improvement,
with the possible benefit of the Venice Commission’s expertise.
The electoral law should in future better regulate the financing
of the candidates and of the election campaign, with emphasis on
transparency of the sources, use and oversight of this financing. The
law should also more effectively guard against misuse of administrative
resources during election campaigns.
34. In its subsequent involvement with the Tunisian authorities,
the Parliamentary Assembly will continue to actively support the
Tunisians in their efforts to consolidate democracy in their country,
including within a framework of interparliamentary dialogue and
co-operation.
Appendix 1 – Composition
of the ad hoc committee for the observation of the first round
(open)
Based on the proposals by the political groups
of the Assembly, the ad hoc committee was composed as follows:
- Jean-Marie BOCKEL (France,
EPP/CD), Chair of the ad hoc committee
- Socialist
Group (SOC)
- Josette
DURRIEU, France
- Birutė VĖSAITĖ, Lithuania
- Maria GIANNAKAKI, Greece
- René ROUQUET, France
- Group
of the European People’s Party (EPP/CD)
- Jean-Marie BOCKEL, France
- European
Conservatives Group (EC)
- Robert WALTER, United Kingdom
- Judith WILCOX, United Kingdom
- Alliance
of Liberals and Democrats for Europe (ALDE)
- Venice
Commission
- Gaël
Martin MICALEFF, Administrator, Secretariat of the Venice Commission
- Secretariat
- Bogdan TORCĂTORIU, Administrator,
Interparliamentary Co-operation and Election Observation Division
- Sevda GÜNDÜZ, Assistant
Appendix 2 – Composition
of the ad hoc committee for the observation of the second round
(open)
Based on the proposals by the political groups
of the Assembly, the ad hoc committee was composed as follows:
- Andreas GROSS (Switzerland,
SOC), Chair of the ad hoc committee
- Socialist Group (SOC)
- Andreas GROSS, Switzerland
- Group of the European People’s
Party (EPP/CD)
- European Conservatives Group
(EC)
- Alliance of Liberals and Democrats
for Europe (ALDE)
- Tinatin
KHIDASHELI, Georgia
- Secretariat
- Bogdan TORCĂTORIU, Administrator,
Inteparliamentary Co-operation and Election Observation Division
Appendix 3 – Programme of
the ad hoc committee for the observation of the first round (23 November 2014)
(open)
Friday
21 November 2014
10:30-11:30 Meeting with the Secretariat
11:30-12:30 Meeting with representatives of the media
12:30-13:30 Meeting with NGO representatives
14:30-15:00 Meeting with the Mr Nouri Lajmi, President of
the High Authority for Audiovisual Communication (HAICA)
15:00-15:30 Meeting with Mr José Antonio de Gabriel, Deputy
Chief Observer, European Union Election Observation Mission in Tunisia
18:00-18:30 Meeting with Mr Mohamed Chafik Sarsar, President
of the High Authority for the Independence of Elections (ISIE)
19:00-19:30 Meeting with Mr Moncef Marzouki, Incumbent President
of Tunisia and candidate
Saturday 22 November
2014
08:30-09:00 Meeting with Mr Hamma Hammami, President of the
Popular Front and candidate
10:30-11:00 Meeting with Ms Kalthoum Kannou, candidate
11:30-12:00 Meeting with Mr Mustapha Ben Jaafer, President
of the National Constituent Assembly and candidate
12:30-13:00 Meeting with Mr Ahmed Nejib Chebbi, President
of El Jomhouri and candidate
13:30-14:00 Meeting with the Secretariat
Sunday 23 November
2014
Election observation
Monday 24 November
2014
08:00-09:00 Debriefing meeting of the ad hoc committee
11:00 Press conference
Appendix 4 – Statement of
the ad hoc committee after the first round
(open)
Successful first
round of presidential elections marks new phase in Tunisia's democratic
transition
“Following on from the success of the parliamentary elections,
the proper conduct of the first round of this presidential election
marks a new phase of democratic transition,” said Jean-Marie Bockel,
head of the Council of Europe Parliamentary Assembly (PACE) delegation
which observed the first round of the presidential election on 23
November 2014 in Tunisia.
The PACE delegation praised the professionalism of the Independent
High Authority for the Elections, which organised the ballot in
a spirit of integrity and full transparency. The conditions appear
to be in place for all the candidates to accept the results of voting,
as was the case for the parliamentary elections.
The high turnout for the presidential elections is indicative
of the high expectation of citizens that the president they elect
will be the guarantor of the smooth running and stability of the
country's institutions and will engage in fruitful collaboration
with the Assembly of the Representatives of the People and the government
drawn from it in working to advance Tunisia's economic and social
development.
The delegation emphasised that certain aspects of the electoral
process could usefully be improved, with expert input where applicable
from the Venice Commission. The electoral law should lay down tighter guidelines
for funding candidates and election campaigning in future, with
emphasis on the transparency of sources and the use and supervision
of funding. The law should also be more effective in preventing
misuse of administrative resources during election campaigns.
The 11-member PACE delegation was on the ground in Tunisia
from 21 to 24 November. It held talks with several presidential
candidates, the Chair of the Independent High Authority for the
Elections, the Chair of the Independent High Authority for Audiovisual
Communication, representatives of the media, civil society and international
organisations. On polling day, it split into six teams which observed
voting in and around Tunis and also in the governorates of Bizerte,
Nabeul, Sfax and Sousse.
The Parliamentary Assembly will follow up its involvement
in the parliamentary election process by continuing to actively
assist its Tunisian partners in their efforts to consolidate democracy
in their country. It will debate the reports on the parliamentary
and presidential elections at its January 2015 part-session in Strasbourg.
Appendix 5 – Programme of
the ad hoc committee for the second round (21 December 2014)
(open)
Saturday
20 December 2014
11:00-11:45 Meeting with Mr Taieb Bacouche, Secretary General
of Nidaa Tounes, representing Mr Beji Caid Essebsi, President of
Nidaa Tounes and presidential candidate
12:00-12:30 Meeting with Mr Mohamed Chafik Sarsar, Chair of
the Independent High Authority for the Elections (ISIE)
17:00-17:30 Meeting with Mr Moncef Marzouki, President of
Tunisia and presidential candidate
Sunday 21 December
2014
Election observation
Monday 22 December
2014
08:30-09:15 Debriefing of the ad hoc committee
09:30 Press briefing
Appendix 6 – Statement of
the ad hoc committee after the second round
(open)
Presidential
election in Tunisia: an exemplary poll
“With the free and democratic election of their President,
which was of superlative quality, the men and women of Tunisia have
given themselves the finest New Year gift that a democrat can imagine,”
said Andreas Gross (Switzerland, SOC) on behalf of the Council of
Europe Parliamentary Assembly (PACE) delegation which observed the
second round of the presidential election on 21 December 2014.
“The poll went off in an exemplary fashion. The delegation
congratulates the Independent High Authority for the Elections (ISIE)
and the tens of thousands of persons, officials of the 11 000 polling
stations and observers, who contributed to the calm and absolutely
proper conduct of this historic ballot.
Thus Tunisia has completed the revolutionary transitional
phase by establishing institutions with the greatest possible legitimacy
to answer forthwith the citizens’ hopes of building a just society
and a flourishing economy in which nobody feels forgotten.
The country which was the source of the Arab Spring has succeeded
in garnering the fruit of its efforts, to the delight of the Parliamentary
Assembly of the Council of Europe,” said Andreas Gross.
