Americans should care about the Tunisian President’s power grab

Eddie Grove*, now on to bigger and better things, was a Middle East Institute intern in the summer of 2015. He writes:

Tunisian President Kais Saied’s decision to invoke Article 80 of Tunisia’s constitution to seize broad executive power represents the latest front in the 21^st century’s struggle between autocracy and democracy.

President Biden has made the importance of democracy a cornerstone of his presidency. In his first address to a joint session of Congress, President Biden noted that President Xi and other autocrats “think that democracy can’t compete in the 21st century with autocracies.” While the US record in supporting democracy is imperfect, there has historically been a bipartisan understanding that supporting democracy serves US interests; President Reagan underscored this in his 1982 Westminster Speech.

The 21^st Century, however, ushered in what political scientist Larry Diamond has termed a “Democratic Recession.” Various degrees of democratic backsliding have occurred in countries as diverse as Turkey, Hungary, Poland, India, Brazil, Myanmar and the Philippines. In the US, President Trump spent four years praising dictators, culminating in his rejection of a free and fair election.

It is too early to say what President Saied’s consolidation of power will mean for the future of Tunisia’s democracy. In recent days, some Tunisians active in Tunisia’s pro-democracy civil society space have taken to social media to decry what they see as self-proclaimed international experts prematurely pronouncing their democracy dead. Many Tunisians point out that Saied’s move had broad popular support and that the status quo was untenable. The decade since Tunisia’s 2011 Jasmine Revolution has been characterized by economic stagnation and deteriorating infrastructure. Dozens of political parties have been formed, almost all of which lack a platform or vision. Tunisians widely blame Prime Minister Hichem Mechichi and the country’s largest political party, Ennahda, for mishandling Tunisia’s Covid-19 crisis. Tunisia has had almost as many deaths per capita as the US and less than 15 percent of Tunisia’s population is fully vaccinated.

Nevertheless, President Saied’s actions are fraught with peril. Saied may be a former constitutional law professor, but legal training is not required to see that his use of Article 80 of Tunisia’s constitution to justify his actions does not stand up to scrutiny. Saied’s takeover of Tunisia’s public prosecution is particularly dangerous because vague and draconian defamation laws remain in Tunisia’s penal code, which can be used to arrest those who criticize public officials. Besides, there is no Constitutional Court to rule on the legitimacy of Saied’s actions.

The coming days and weeks will provide greater clarity as to whether Saied is engaged in a good faith effort to save Tunisia from crisis and reform its democracy or whether he intends to install an authoritarian regime with himself at the helm. Several of Saied’s actions so far are cause for alarm, including closing Al Jazeera’s bureau in Tunis, arresting MP Yassine Ayari, arresting two more MPs between July 31 and August 1, lecturing a New York Times journalist on the US Constitution while comparing himself to Abraham Lincoln. and placing a senior Ennahda member under house arrest on August 6.

US officials should continue to emphasize the importance of returning to a democratic path in discussions with Saied and Tunisian officials. Secretary Blinken and National Security Advisor Jake Sullivan conveyed the right message in their calls with Saied on July 26 and July 31, respectively. US officials should continue to emphasize that America’s deep partnership with Tunisia is not based solely on security but also on Tunisia’s commitment to shared values, including democracy and the rule of law.

If Tunisia’s democracy manages to survive, Washington can no longer take a democratic Tunisia for granted. The US should continue to support Tunisia, not only in the democracy and governance space but also economically. If democracy can reemerge and deliver for its people, Tunisia will be a powerful example of democratic success for the world. If not, Tunisia will be another casualty in the 21^st Century’s battle between autocracy and democracy.

*Eddie Grove is a graduate of the Columbia Law School class of 2021, where he led research projects focused on Tunisian laws that threaten individual freedoms. He was previously a summer associate at El Ajeri Lawyers in Tunis and a Senior Program Associate for the International Republican Institute’s Tunisia program. The opinions expressed in this article are solely those of the author. He can be reached by email at r.eddie.grove@gmail.com.

PS: MEI held a discussion today of many of the issues Eddie treats: