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TUNISIA
Majlis Al-Nuwab (Chamber of Deputies)

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GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name -
More photos  >>>
Structure of parliament Bicameral
Chamber name (generic / translated) Majlis Al-Nuwab / Chamber of Deputies
Related chamber (for bicameral parliaments) Majlis al-Mustasharin / Chamber of Councillors
Affiliation to the IPU Yes
Affiliation date(s) 1957 -
LEADERSHIP
President
Fouad Mebazaâ (M)  
Notes 17.11.2004 - (re-elected on 14.10.2008)
Secretary General
Mohamed Lamine Kassis (M)  
COMPOSITION
Members (statutory / current number) 189 / 189
PERCENTAGE OF WOMEN


More statistics  >>>
Women (current number) 43 (22.75%)
Mode of designation Directly elected 189
Term 5 years
Last renewal dates 24 October 2004
(View details)
CONTACT INFORMATION
Address Chambre des Députés
Palais du Bardo - 2000 TUNIS
TUNISIA
(Export mailing lists)
Phone (216 71) 510 200
510 289
Fax (216 71) 514 608
E-mail majless@chambre-dep.tn
Website
http://www.chambre-dep.tn/

ELECTORAL SYSTEM

Parliament name -
Structure of parliament Bicameral
Chamber name (generic / translated) Majlis Al-Nuwab / Chamber of Deputies
Related chamber (for bicameral parliaments) Majlis al-Mustasharin / Chamber of Councillors
LEGAL FRAMEWORK
Electoral law 8 April 1969
Last amendment: 6/11/1998
Mode of designation Directly elected 189
Constituencies - 25 multi-member constituencies (for 189 seats) covering the 23 governorates of the country (the most densely populated two governorates (Tunis and Sfax) each comprise two constituencies).
- The total number of seats is fixed at one seat per 52,000 inhabitants.
Voting system Mixed: Mixed system:
- 152 Deputies are chosen by party-list simple majority system. In each of the 25 constituencies, the elector chooses a list of candidates without replacing the names given. All constituency seats go to the winning list.
- 37 remaining seats are allotted proportionately to parties that didn't secure an absolute majority on the basis of percentage of votes won at the national level and the highest average formula, the aim being to ensure wider representation in Parliament. The seat goes to the candidate whose name appears first on the list concerned at the time of its submission.
Voting is not compulsory.
Voter requirements - age: 20 years
- Tunisian citizenship or Tunisian nationality for at least five years
- full possession of civil and political rights
- disqualifications: conviction of crime, conviction entailing an unsuspended sentence of imprisonment in excess of three months, guardianship, undischarged bankruptcy, insanity, active members of the armed and security forces
CANDIDATES
Eligibility Qualified electors
- age: 23 years
- Tunisian citizenship
- Tunisian father or Tunisian mother.
Incompatibilities - magistrates
- non-elective public functions remunerated out of State funds
- president and members of the Constitutional Council
- director and agent of a national enterprise or public establishment
- president and members of the Economic and Social Council
- ambassadors
- governor, first delegate, delegate, head of sector (regional public functions)
- employment for a foreign State or international organization and paid by them
- the foregoing provisions shall not apply to members of governmen
Candidacy requirements - candidatures submitted to competent regional authorities during the fourth week preceding the elections
- each list must bear as many names as seats to be filled in the constituency.

LAST ELECTIONS

Parliament name -
Structure of parliament Bicameral
Chamber name (generic / translated) Majlis Al-Nuwab / Chamber of Deputies
Related chamber (for bicameral parliaments) Majlis al-Mustasharin / Chamber of Councillors
BACKGROUND
Dates of election / renewal (from/to) 24 October 2004
Timing and scope of renewal Elections were held for all the seats in Parliament on the normal expiry of the members' term of office.
On 24 October 2004, over 4.6 million Tunisians were called upon to vote in presidential and legislative elections.

Four candidates ran for president. President Zine El Abidine Ben Ali, who became the second President of Tunisia since independence when he succeeded Habib Bourguiba 17 years earlier had embarked on a policy of change based on economic modernisation. His regime had nonetheless often come under criticism from the opposition, international NGOs and human rights activists, who denounced police repression, violation of freedoms, "window-dressing pluralism" and the muzzling of the press. The authorities, on the other hand, pointed to "constant progress" in the field of democracy, noting that in 1994 Mr. Ben Ali allowed the entry into parliament of the legal opposition. In 1999, he won the first pluralist presidential election with an official tally of 99.44 per cent of the vote. In May 2002, Mr. Ben Ali had the Tunisian Constitution amended by referendum, thus allowing him to seek a fourth five-year mandate in 2004. His opponents criticised that amendment, which they considered "paved the way for a life presidency".

The President faced two candidates from the parliamentary opposition: Mr. Mohamed Bouchiha of the Popular Unity Party (PUP) and Mr. Mounir El Béji of the Liberal Social Party (PSL). The other candidate was Mr. Mohamed Ali Halouani, who ran under the "Democratic Initiative" banner, a grouping of independent figures around the Ettajdid Movement (former communists); he tried to make his voice heard, despite the fact that his election manifesto was confiscated for being excessively critical of the incumbent President and his regime.

Seven parties and political groupings put forward some 300 candidates for the 189 seats in the Chamber of Deputies. President Ben Ali's party, the Democratic Constitutional Rally (RCD) party, called for continuing the momentum gained in pursuing its policy of change. Most of the opposition parties, while recognising the legitimacy of past choices and the seriousness with which they were implemented, focused on specific issues where they believed the reforms should go further.

The President's regime offered numerous assurances that the elections would be "transparent", and promised progress in democratisation. Opponents and freedom advocates denounced the conditions of the election, in particular the pressures preventing them from campaigning and their lack of media access. According to Reporters Without Borders (RSF), during the campaign Tunisians were deprived of independent information in the media. The Progressive Democratic Party (PDP), an opposition party, withdrew from the parliamentary elections. That party, led by the lawyer Néjib Chebbi, had been in contention in 16 of the 26 districts. It called for a boycott of the presidential election, from which it had been excluded from the outset, as it had had no deputies in the parliament. The party's leaders said the party withdrew because it had been censored; the authorities had banned its election manifesto, which they had deemed to be in violation of the Electoral Code.

International observers from the League of Arab States, the African Union and the International Organisation of la Francophonie monitored the voting. A representative of the Francophonie declared that the electoral operations had taken place in a democratic climate. The Tunisian Human Rights League denounced the presidential score as 'an aberration in a true democracy'.

More than 4.2 million electors participated in the elections. The President was re-elected to a fourth five-year term, having received 94.48 per cent of the vote, according to the official, final figures released the day after the election. Mr. Mohamed Bouchiha and Mr. Mounir Béji of the PSL respectively received 3.78 and 0.79 per cent of the vote, with Mr. Mohamed Ali Halouani receiving 0.95 per cent.

Seven political parties presented candidate lists in the 25 constituencies for seats in the Chamber of Deputies. The President's party, the RCD, received 87.59 per cent of the votes cast in the parliamentary elections, obtaining 152 of the 189 seats in parliament. Five of the six legal opposition parties in contention shared the other 37 seats. The MDS obtained 14 seats, the PUP 11, the Unionist Democratic Union (UDU) seven, the Ettajdid Movement three and the PSL two. The proportion of women representatives increased from 11.54 per cent to 22.75 per cent with the election of the Chamber.

On 17 November 2004 President Ben Ali was sworn in before the Chamber of Deputies during a special sitting. The same day, Mr. Fouad Mbazaa was re-elected as Speaker.
STATISTICS
Voter turnout
Round no 124 October 2004
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes
4'609'237
4'215'151 (91.45%)
15'305
4'199'846
Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
Democratic Constitutional Rally (RCD)
Democratic Socialist Movement (MDS)
Popular Unity Party (PUP)
Unionist Democratic Union (UDU)
Ettajdid Movement
Social Liberal Party (PSL)
Distribution of seats
Round no 1
Political Group Total of seats
Democratic Constitutional Rally (RCD) 152
Democratic Socialist Movement (MDS) 14
Popular Unity Party (PUP) 11
Unionist Democratic Union (UDU) 7
Ettajdid Movement 3
Social Liberal Party (PSL) 2
Distribution of seats according to sex
Men

Women

Percent of women
146

43

22.75%
Distribution of seats according to age
Distribution of seats according to profession
Comments
Source: Les élections pésidentielle et législatives - Tunis 2004

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name -
Structure of parliament Bicameral
Chamber name (generic / translated) Majlis Al-Nuwab / Chamber of Deputies
Related chamber (for bicameral parliaments) Majlis al-Mustasharin / Chamber of Councillors
APPOINTMENT AND TERM OF OFFICE
Title President of the Chamber of Deputies
Term - duration: 1 year, renewable (at the beginning of each ordinary session, in October of each year)
- reasons for interruption of the term: appointment to an office which cannot be held concurrently with the parliamentary mandate, resignation, death
Appointment - elected by all Members of the Chamber
- the election is held at the start of each ordinary session
- after members' mandates have been validated in the case of a new legislature
Eligibility - any Member may be a candidate
- notification of candidature must be made during the plenary opening sitting of the ordinary session
Voting system - formal vote by secret ballot if there are several candidates
- absolute majority required in the first round; relative majority in the second round; in case of a tie in the second round, the eldest candidate is declared elected
Procedures / results - the eldest member presides over the Assembly during the voting
- a Committee composed of 5 Members appointed at the start of the plenary opening sitting of the session supervises the voting
- the eldest Member announces the results without delay
- the results cannot be challenged
STATUS
Status - serves as Acting Head of State for a period of 45 to 60 days
- represents the Chamber with the authorities
- represents the Chamber in international bodies
- in the absence of the President, the First Vice-President can assume his/her role and functions
Board - the Board of the Chamber is regulated by the Standing Orders
- consists of the two Vice-Presidents, the 7 Chairmen of standing committees and the 7 Rapporteurs of these committees, all elected for one year
- meets once a fortnight
- assists the President
Material facilities
FUNCTIONS
Organization of parliamentary business - convenes sessions
- establishes and modifies the agenda, after consultation with the Board
- organizes the debates and sets speaking time
- refers texts to a committee for study
- examines the admissibility of request for setting up committees and/or committees of enquiry, proposes or decides on the setting-up of such committees
Chairing of public sittings - can open, adjourn and lift sittings
- ensures respect for provisions of the Constitution and Standing Orders
- makes announcements concerning the Chamber
- takes disciplinary measures in the event of disturbance, and lifts such measures
- establishes the list of speakers, gives and withdraws permission to speak
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum
- authenticates the texts adopted and the records of debates
- interprets the rules or other regulations governing the life of the Chamber
- has discretionary power to give the floor outside the agenda and thus organizes impromptu debates

Special powers - recruits, assigns and promotes staff
- appoints the Secretary General
- organizes the services of Parliament
The Board:
- establishes the draft budget of the Chamber
- is responsible for relations with foreign Parliaments
- is responsible for safety, and in this capacity, can call the police in the event of disturbance in the Chamber
Speaking and voting rights, other functions - provides guidelines for the interpreting or supplementing the text under discussion
- intervenes in the parliamentary oversight procedure
- must be consulted by the Head of State if emergency powers are applied

PARLIAMENTARY MANDATE

Parliament name -
Structure of parliament Bicameral
Chamber name (generic / translated) Majlis Al-Nuwab / Chamber of Deputies
Related chamber (for bicameral parliaments) Majlis al-Mustasharin / Chamber of Councillors
NATURE
Nature of the mandate · Free representation
Start of the mandate · When the mandates are validated [references, texts or comments]
Validation of mandates · Validation by a committee [references, texts or comments]
· Procedure (Art. 106 and 106 bis of the Electoral Code)
End of the mandate · On the day when the legal term of the House ends or on the day of early dissolution or prolongation of the mandate of the Chamber of Deputies (Art. 74 of the Electoral Code; for prolongation, see Art. 23 of the Constitution)
Can MPs resign? Yes · Procedure
· Authority competent to accept the resignation:
Can MPs lose their mandate ? Yes (a) Definitive exclusion from Parliament by the latter for absence during three consecutive months (Art. 14 of the Standing Orders; see Participation in the work of Parliament)
(b) Loss of mandate by judicial decision (which automatically leads to failure to fulfil of an essential requirement for eligibility)
STATUS OF MEMBERS
Rank in hierarchy · Within Parliament:
1. The President
2. The 1st Vice-President
3. The 2nd Vice-President
4. The 7 Chairpersons of standing committees
5. The 7 Committee Rapporteurs
6. The Deputy Rapporteurs
7. The other Members
Indemnities, facilities and services · Diplomatic passport
· Basic salary:
+ Expense allowance:
· No tax exemption
· Pension scheme
· Other facilities:
(a) Assistants (administration)
(b) Official housing, during parliamentary activities, in a hotel
(c) Travel and transport
(d) Other
Obligation to declare personal assets Yes
Parliamentary immunity - parliamentary non-accountability · The concept exists (Art. 26 of the Constitution).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations:
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
Parliamentary immunity - parliamentary inviolability · The concept exists (Art. 27 of the Constitution).
· It applies to criminal and civil proceedings, covers all offences and protects MPs from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and from their homes being searched.
· Derogations: in cases of flagrante delicto, MPs can be arrested. The Assembly is immediately informed accordingly.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate and does not also cover judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 27 (1) of the Constitution):
- Competent authority: the Chamber of Deputies
- Procedure (Art. 58 of the Standing Orders). In this case, MPs can be heard. They do not have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament can suspend the prosecution and/or detention of one of its members (Art. 27 (2) of the Constitution).
- Competent authority: the Chamber of Deputies
- Procedure (Art. 58 of the Standing Orders)
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.
EXERCISE OF THE MANDATE
Training · There is a training/initiation process on parliamentary practices and procedures for MPs. It consists of parliamentary days and conferences within the framework of special sittings.
· It is provided by Parliament.
· Handbooks of parliamentary procedure:
- Standing Orders of the Chamber of Deputies
Participation in the work of the Parliament · It is compulsory for MPs to be present at plenary sittings and committee meetings (Art. 14 and 37 of the Standing Orders).
· Penalties foreseen in case of failure to fulfil this obligation (Art. 14 and 37 of the Standing Orders): warning, reprimand with forfeiture of the basic salary, loss of mandate with forfeiture of the basic salary, loss of committee membership
· Body competent to judge such cases/to impose penalties: the President; the Chamber of Deputies
Discipline · The rules governing discipline within Parliament are contained in Art. .... of the Standing Orders
· Disciplinary measures foreseen:
- Call to order
- Withdrawal of the floor
- Exclusion from the room for the remainder of the sitting
- Other measures
· Specific cases:
- Offence or insult
· Competent body to judge such cases/to impose penalties:
- Call to order, withdrawal of the floor, exclusion from the room for the remainder of the sitting: the President
- Other measures: the Chamber of Deputies, on a proposal by the Board
· Procedure
Code (rules) of conduct · This concept does not exist in the country's juridical system.
Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 17 October 2008
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