The Tunisian government has published decree-law No. 2026-3, amending certain provisions of the organic law No. 2012-23, which established the Independent Higher Instance for Elections. The new decree-law was published in the Official Journal of the Tunisian Republic on Wednesday, September 30, 2026. This move comes as part of the country's efforts to reform its electoral system. The decree-law consists of five chapters that outline changes to the composition of the electoral instance's council, the duration of its members' mandates, and the modalities of drawing lots among them.
The decree-law No. 2026-3 modifies the composition of the council of the Independent Higher Instance for Elections. According to the new article 5, the council will comprise nine independent and impartial members, including three chosen by the President of the Republic, three judges from different judicial branches, and three experts in specific fields. The President will select three individuals with at least ten years of experience in managing, organizing, or supervising elections. The judicial branches will propose three judges each, who have at least ten years of seniority. Additionally, an engineer specialized in computer systems and security, an engineer in statistics, and a retired diplomat will complete the council.
The selection and appointment process for the council members is outlined in the decree-law. The proposed candidates from various structures, including the National Center for Computerization, the National Institute of Statistics, and the Ministry of Foreign Affairs, will be submitted to the President of the Republic. The council members will be appointed by decree. Furthermore, the President of the Republic will appoint the president of the electoral instance from among the nine council members. The duration of each member's mandate is set at six years, non-renewable, with one-third of the council members being renewed every two years.
The decree-law also introduces a system for renewing council members. The members subject to renewal at the end of the second and fourth years will be determined by a draw, excluding the president of the instance. This process aims to ensure the continuity and stability of the electoral instance. Moreover, the decree-law allows current members of the electoral instance to continue their functions until the new council takes office.
The new decree-law also includes provisions for revising the organic law No. 23 of 2012. Chapter 3 of the decree-law abolishes certain expressions in the existing law. These changes aim to improve the clarity and coherence of the electoral legislation. The updated law will provide a more transparent and efficient framework for the organization of elections in Tunisia.
The publication of decree-law No. 2026-3 is a significant step in Tunisia's efforts to reform its electoral system. The new law aims to ensure the independence and impartiality of the electoral instance, which is crucial for the credibility and transparency of the electoral process. The decree-law was promulgated following a meeting of the Council of Ministers, chaired by the President of the Republic.
The decree-law No. 2026-3 will have a significant impact on the future of elections in Tunisia. Its provisions will contribute to strengthening the country's democratic institutions and ensuring the integrity of the electoral process. The law's effectiveness will depend on its implementation and the commitment of the authorities to upholding its provisions.
Key points
- The Tunisian government has published decree-law No. 2026-3, amending the organic law on the Independent Higher Instance for Elections.
- The decree-law modifies the composition of the electoral instance's council and the duration of its members' mandates.
- The new law aims to ensure the independence and impartiality of the electoral instance.
