Tunisia's National Constituent Assembly Committees of the Tunisian Constituent Assembly have started deliberations on drafting the new constitution, considered a tipping point in the political history of Tunisia. Several Tunisian civil society organisations and components presented more than forty “constitutional proposal” for the National Constituent Assembly to consider.
One of the most controversial proposals was presented by assistant professor in constitutional law Gohar ben Mubarak, head of "Our Constitution" network, who implicitly called for allowing same-sex marriage, where section 32 in the constitution proposed by Our Constitution Network guarantees every citizen’s right to “choose a spouse without discrimination.”
According to explanations provided by some law experts, thproposal aimed to legalise same-sex marriages in the country, particularly controversial in Islamic countries where it is considered  tabboo.
Another proposal that raised eyebrows was that of the unlicensed Hizb Ut-Tahrir (Liberation Party), which called for a “Caliphate constitution”, meant to be an “alternative project for Tunisia to establish an Islamic state which seeks to achieve prosperity for all on the basis of the Islamic law,” as stated in their public statement.
Hizb ut-Tahrir spokesperson Rida Bilhaj said his party presented to the nation and the people a “detailed legally drafted Islamic constitution, where every article is explained, and followed by references and possible alternatives,” stressing that it was comprehensive and applicable.
Faced with multiple proposals for the new constitution, General Rapporteur of the Constitution Subcommittee Habib Khedr stated that the Constituent Assembly was the only body authorized to draft the new constitution.
Khedr told ‘Arabstoday’ that drafted models by outside parties could be discussed and considered in parts, however, the only constitution to be approved will be drafted by the Constituent Assembly committees, taking into account some of the proposals.
The Constituent Assembly’s stance on the matter, and their insistence to be fully in charge of drafting the new constitution provoked criticism from a number of political analysts. Head of the Civil Constituent Council Salaheddin Al-Gorshi told ‘Arabstoday’ that the constitution “does not comply the concept of Majority, however, it should be consensual, thus including all.”
"General interest requires that discussing and drafting such an important document must not be monopolised by elected councils only," he said.
Al-Gorshi highlighted the need to involve citizens in constitutional debate, which would effectively help in forming the constitution, “not just from a legislative perspective, but also from social, cultural, and political points of view.”
“The coming constitution should be one for all Tunisians. We will do our best to deliver the voices of all society constituents and to have their opinions considered in the process,” he added.
Constitutional law experts stated that the drafting process is not merely technical, but will be subject to political conflicts due to the “polarisation of the society into leftists and rightists.”
Professor Qais Saeed called on political parties to “rise above parties’ considerations” while drafting the national document.
Several experts stressed that the new constitution should not include more than 90 chapters, which should take into account the goals of the January 14 revolution and Tunisian constitutional history.