TUNISIA'S SECOND CHAMBER: UPDATE AND OVERVIEW

C O N F I D E N T I A L TUNIS 000873

SIPDIS

SIPDIS

STATE FOR NEA/MAG - LAWRENCE

E.O. 12958: DECL: 04/12/2016
TAGS: PGOV KDEM PREL TS
SUBJECT: TUNISIA'S SECOND CHAMBER: UPDATE AND OVERVIEW

REF: A. 05 TUNIS 2206

B. 05 TUNIS 1455

Classified By: AMBASSADOR WILLIAM HUDSON FOR REASONS 1.4 (b) AND (d)


1. (C) SUMMARY: The Chamber of Advisors, Tunisia's second
parliamentary body, was created during a 2002 constitutional
change and began work in August 2005. The Chamber's 112
members from across the country are responsible for reviewing
all draft legislation, in cooperation with Tunisia's existing
Chamber of Deputies. During a March 28 meeting with
Ambassador, Chamber of Advisors President Abdallah Kallel
gave an overview of the legislative process. While President
Ben Ali highlights the Chamber as a new democratic
institution and another step forward in Tunisia's reform
plan, few Tunisians we speak with, including even one of the
Advisors, consider the new Chamber to be anything more than a
rubber stamp. END SUMMARY.


2. (U) The Chamber of Advisors was created by a 2002
amendment to the Tunisian constitution, proposed by President
Ben Ali in 2001 and approved by national referendum. The
second legislative body, it joined the existing Chamber of
Deputies and has two-thirds the membership of that Chamber.
According to the constitution, candidates for the Chamber of
Advisors must have been born of a Tunisian father or mother,
be at least forty years old and a legal voter. (NOTE: Voters
must be Tunisian nationals for at least five years, over
twenty years old and meet other electoral law requirements.
END NOTE.) Advisors serve six years, and half of the
incumbents will face election or appointment every three
years.


3. (C) The 112 current members include elected and appointed
Advisors, as outlined by the constitution. President Ben Ali
appointed 41 officials, among them opposition party members,
religious leaders and other key members of society, including
those with cultural, business, and educational experience.
43 officials, one or two from each of Tunisia's twenty-four
governorates, depending on population, were elected in July
2005 by over 4000 local government officials, including
municipal counselors, deputies and mayors, as well as the 189
members of the Chamber of Deputies (Ref B). The other 42
seats are equally divided between the Tunisian Union of
Industry, Commerce and Artisans (UTICA),the National Farmer
and Fishermen's Union (UNAP),and the General Union of
Tunisian Workers (UGTT). The UGTT refused to present its
list of twenty-four candidates for its fourteen seats, noting
that the process was not democratic or independent, as even
union candidates would have to be approved by the same
government officials who choose the elected members
(reftels). During the March 28 meeting, the Ambassador asked
Kallel how the UGTT's decision not to participate impacted
the Chamber. Kallel appeared unconcerned with the absence of
14 Advisors, saying the UGTT's decision not to field
candidates was an "internal problem" and that their vacant
seats "do not harm the Chamber's work, since there is a
quorum without them."


4. (SBU) The constitution states that the Chamber's annual
session runs from October to July, although exceptional
sessions may be called by the president or a majority of
Deputies. According to Kallel, new laws are simultaneously
submitted to the Chamber of Advisors and the Chamber of
Deputies for review. The Chamber of Advisors has seven
committees responsible for reviewing draft legislation,
including those responsible for political affairs and
external relations, financial matters, social and health
issues, and infrastructure. Each committee is comprised of
ten Advisors who vote on the draft laws, however, other
Advisors are welcome to participate in meetings and raise
questions. Kallel said that official and private experts
could be called to present further information or answer
committee members' questions.


5. (SBU) According to Kallel, if the Chamber of Deputies
approves a draft law, Advisors have fifteen days to take
action. If both chambers agree, the law is forwarded to the
President for approval. If the chambers disagree, the law is
referred to the Inter-Parliamentary Committee, which consists
of six Deputies and six Advisors. If Deputies agree to the
Advisors' position, the law is forwarded by the Chamber of
Advisors. Kallel noted that if the Deputies do not agree,
they have priority over the Chamber of Advisors and send the
law to the President, with a memorandum from the Chamber of
Advisors attached explaining the points of disagreement.
(NOTE: Although the chambers vote on the annual GOT budget,
the constitution clearly states that neither the Chamber of
Deputies or Advisors may recommend any law or policy that
will incur additional state expenditures. END NOTE.)


6. (U) Local press coverage of the Chamber of Advisors'
activities has been extensive, beginning with the July
elections and inauguration of the Chambers facilities, and
continuing through the opening sessions. Most press accounts
were laudatory, calling the Chamber of Advisors "a new
democratic institution that was the result of successful
government reforms" and the related elections "another
important political step towards the reinforcement of the
democratic process" (Arabic daily newspaper ash-Shourouq). A
columnist known to be a GOT supporter denounced the UGTT
boycott as "a violation of the constitution," while a
loyal-opposition party leader said the Chamber "would
reinforce the rule of law and democratic values."


7. (C) However, few Tunisians we speak with seem to agree;
this extends even to one of the Advisors. Hayet Laouani, a
local shipping magnate who represents UTICA in the Chamber,
told Poloff that, while she hopes the body will be an
important democratic institution in "15 or 20 years," today's
Chamber is generally ineffective. Laouani highlighted the
Chamber of Advisors' deference to the Chamber of Deputies,
noting that once deputies approve a law, there is little role
for advisors. Most deputies and advisors have little
legislative experience, said Laouani, and parliamentary
debates are dominated by pro-government members that speak at
length about Tunisia's achievements. Laouani added that
neither chamber can introduce new legislation, and that in
fact some laws, like those proposed during President Ben
Ali's March 20 Independence Day speech, are implemented
before either body reviews the legislation.


8. (C) COMMENT: The second chamber was mandated in Tunisia's
2002 constitutional referendum, which opposition groups
contend included a variety of ostensible reform measures
designed to obscure the real point of the amendment: to allow
President Ben Ali to remain in office until 2014. Kallel,
like many Tunisian officials, acknowledged that Tunisian
democracy moves more slowly than "our American and European
friends would like," but argues that it is a culture that
needs time to develop. Meanwhile, few Tunisians - even
members like Laouani - consider the Chamber of Advisors as a
body that presents any check on the absolute power of the
president. Rather, it is appears to be another stale
addition to Tunisia's democratic facade. END COMMENT.
HUDSON