Tunisia -
A member of the Independent High Authority for Elections in Tunisia, Adel El-Brensi, answers the accusations against the commission of lack of independence and impartiality, and the hypothesis of the President of the Republic going towards dissolving or disrupting it.
What is your position on the statements of the President of the Republic and his insinuation to the Election Commission of lack of independence and impartiality, and you are one of its members?
This is a completely wrong and incorrect assessment because the commission has proven in most of the electoral stations, municipal, legislative and presidential, that it is independent and impartial according to the testimony of local and international monitoring organizations. Unlike what was happening before the revolution.
I am surprised how this statement can be made by people who were brought in by the presidential elections in two rounds, and we did not find at the time any questioning of our independence or impartiality, and we are at a distance from all parties and we do not have any problem or accounts with any party.
Some believe that the commission is now paying the price for declaring its position on the measures taken by Saeed on July 25, specifically the statements of the commission’s chairman, Nabil Bafoun, when he said that the president’s actions are not compatible with the provisions of the constitution and that it is not possible to go towards early and premature elections in light of the constitutional vacuum?
We are an independent body entrusted with the democratic transition, and the votes of the voters, not only in the electoral stations but even in the results we approve. We refuse to bypass the law, which is a principled position that does not change over time. It is not possible to change the rules of the game in the middle of the game itself, otherwise there will be doubts about the results. Therefore, I say that if the next elections are announced, there must be some kind of consensus on this new electoral system away from imposing it by force.
Do you have fears that the president will go about disrupting or dissolving the electoral commission, as he did with constitutional bodies and legislative institutions, especially since experts in constitutional law have authorized him to do so in light of what they described as the exceptional situation of the state?
At the level of expectations and the statements of the president’s supporters and the parties that want to overthrow everything, this is on the table, but until now, the President of the Republic, through his work by Decree 117, did not give any indication related to dissolving or disrupting the work of the commission or even changing its members, but nothing is guaranteed in Absence of the constitution and lack of clarity of vision.
But there are experts in constitutional law who have authorized him to do so?
I consider them to be in the position of the "Mufti of the Sultan" and everyone knows that some of them were in the past justifying the late President Zine El Abidine Ben Ali, and justified before him to President Habib Bourguiba, and today they justify others, the path of democracy has started and cannot be reversed, and it is shameful to attack an independent constitutional body that was elected Its members have a reinforced majority of Parliament that reflects the will of the people.
What if the president actually went towards dissolving the commission or stopping its work, as he did with other bodies and institutions in the state?
If he becomes suspicious of the matter and doubts a constitutional body that is committed to implementing the law, he is responsible for its decisions. There is talk about the president’s direction to form a committee to amend the constitution and the electoral law. Here, I wonder: who will guarantee that it will be independent?
I regret that the only democratic model in the Arab world, which for years has been the subject of international praise, has today become the subject of astonishment and skepticism. It is true that there is a stifling economic and social crisis, but freedoms, rights, and law cannot be abandoned under the pretext of achieving reform and development.
Many believe that the report of the Court of Accounts included several evidence of abuses and violations by independent parties and lists that ran for the last elections, which the president may use to drop electoral lists and perhaps go towards dissolving Parliament. Do you not see that this calls into question the body itself?
The Court of Auditors report is an oversight report that comes after organizing the elections, which is a natural matter because the court possesses the capabilities related to monitoring funds and financing electoral campaigns. During that period, we did not receive data that required the electoral lists to be dropped. The only problem remains in proving foreign funding of parties as an electoral crime because The course of litigation takes a long time.
The previous Court of Auditors report talked about violations related to the interpretative campaign of President Saeed through social networks?
Will you have a position on it?
In the event that violations of the President of the Republic are proven judicially, we are obligated to apply the law as we apply it to any other political party or candidate, because the only thing that guarantees our coexistence is our respect for the law without discrimination.
What is the last activity of the authority now?
After a months-long disruption due to the Corona pandemic, we resumed preparations for the partial municipal elections, and we sent a correspondence to the Presidency of the Republic published in the country's official gazette, regarding this issue, but now it remains to wait for the president to invite voters to participate in this electoral benefit in accordance with the dictates of the law.
Since the last legislative and presidential elections, there has been talk that the commission is in a state of sharp disagreement and division in positions. Is this disagreement still present?
It is natural that there are different opinions and assessments, the goal of which is to reform and organize the body, and sometimes under these pretexts, the opinion is taken alone, but in general, disagreement for the sake of reform does not spoil the friendship of an issue.
The Labor Union announced that it has started discussing and preparing proposals for revising the electoral law, the political system, and the law on parties and associations.
what do you think?
The role of the labor union is very important, and no sane person can deny it, and it is the tent in which everyone from the political and civil forces shelter, and we noticed recently that its role has become more political than that of a union, a task necessitated by the crisis in the country, but what is wrong with the labor organization is that it did not The Election Commission is consulting in relation to its proposal, and it has brought ideological people who are known for their hatred of certain parties and they declare this in public, which would damage the credibility and impartiality of this committee, and therefore he must warn against getting involved in the consequences of the decisions and positions of this committee that may deprive him of his impartiality, which known to.
Many talk about the setback of democracy in Tunisia, and even disbelief in it. What are its causes, according to your estimation?
There is a fact that must be acknowledged, which is the failure of everyone to create a “citizen voter” who is free to choose him and not just a “subject” and here I am speaking as an expert in communication more than as a member of an election body, as we have not made a real voter for all these years who gives his opinion on who will elect him Far from blind ideological loyalty, but from the standpoint of an objective assessment of his political performance, which has damaged the political scene and distorted the image of democracy.
In the case of the president announcing a popular referendum on the system of government or calling for early elections, do you think the commission is capable of organizing them?
We are ready for that, but I say that it is dangerous to facilitate the process of calling for a referendum in a society witnessing a large proportion of political and legal ignorance, because the popular referendum mechanism leads to inevitable results that cannot be undone and may lead to regret and lead to an actual division of society, and I am here wondering if the results of the referendum came on Other than what he wants from his systems, what will be the situation at that time?
Will he accept the result?
The commission expressed its readiness to assist its counterpart in Libya and to provide all human and logistical expertise to organize the upcoming elections in this country.
Our relationship with our sister Libya is very old, and we have exchanged experiences in all fields for years, and we have previously provided the authorities there with logistical and human support during the organization of the partial municipal elections in 2018. Global Electoral Colleges.
In light of the political scene, what concerns do you have?
I say that establishing dictatorship is easy, but it is difficult to preserve democracy, and the danger in Tunisia is to exploit the economic and social crisis politically. Local political and national forces would open the door towards foreign interference and tutelage and this is dangerous.
The other danger is the intensification of convulsive discourses that call for discrimination and hatred, because their escalation will lead the country to conflicts whose results cannot be predicted. The voice of reason must prevail from the highest authority in the country, and the application of the law should be the ground for dialogue and discussion. The law to which we appeal, and the interest of the country and the people is the best goal.