Human Rights in Tunisia: Options and Accomplishments

Chapter1
Human Rights in Tunisia: Options and Accomplishments

Table of Contents

Declaration of November 7th,1987

Chapter I

Chapter II

Chapter III

Chapter IV

Chapter V

Chapter VI

Chapter VII

Chapter VIII

Chapter IX

Chapter X

Civil and Political Rights

2 - Consecration of Democracy and Pluralism

Constitutional amendment abolishing presidency for life and of automatic succession (1988), hence reaffirming popular sovereignty. If the office of President is vacant, presidential elections are to be held within 60 days.

Enactment of a law defining the legal system applicable to political parties (1988).

Signing of the National Pact, bringing the different parties and all the political and civil currents together around the values of commitment to national interest, authenticity, openness and tolerance (1988).

Amendment of the electoral code on three occasions, in 1988, 1990 and 1993. This initiative made it possible to introduce pluralism in the Chamber of Deputies with the election of opposition candidates in March 1994.

Amendment of the organic law on municipalities, to strengthen democracy on the grass-roots level (1995).

Enactment of law no. 97-48 of July 21, 1997 on the public financing of political parties, strengthening their resources and ensuring the accomplishment of their political role. This law reinforces measures already provided for in the electoral code regarding the financing of the electoral campaigns of candidates to the Presidency of the Republic, the Chamber of Deputies and the Municipal Councils. Such financing takes the form of advances, reimbursements or assumption by the government of the expenses of printing the voting papers (Electoral Code).

Promulgation of constitutional law no. 97-65 of October 27, 1997 amending articles of the Constitution and completing some Constitutional provisions. The amendments concern constitutional consecration of political parties, and therefore of the multiparty system, clarifying the role of the parties, the conditions for creating them and the democratic principles that are to govern their activities. They also concern the widening of the scope of referendum, a manifestation of the direct exercise of popular sovereignty, lowering the minimum age for candidacy to the Chamber of Deputies to 23 years and allowing anyone whose mother is a Tunisian to stand for election, thereby consecrating equality between men and women, whereas candidacy was formerly reserved only to Tunisians who derived their nationality from their father.

Holding of plenaries of the Chamber of Deputies outside ordinary sessions, for the discussion of important or urgent issues between the deputies and the government.

– Publication of decree n°98-479 of February 19, 1998 defining the forms and methods of allocating subsidies to political parties.

Promulgation of organic law no. 98-93 of November 6, 1998, amending and completing provisions of the Elecoral Code. Opposition party members are guaranteed approximately 20% of the total number of seats in the Chamber of Deputies and in Municipal Councils in the forthcoming elections.

Submitting a draft constitutional law enabling the head of each political party to present his candicacy for the presidency of the Republic during the 1999 elections. Such a person may be the chairman or the secretary general of his party, provided he has been exercising that responsibility for at least five consecutive years as of the day on which he registers his candidacy. This will be done by waiving the provisions of article 40, paragraph 3 of the Constitution, setting the conditions to be fulfilled by candidates to the presidential elections. This measure aims at ensuring plurality of candidacies to the forthcoming presidential elections to be held in October 1999.

Since November 7, 1987, political pluralism has become an irreversible process and a reality, and the opposition which sits in the Chamber of Deputies since the 1994 elections is represented in parliamentary commissions.
A process of consultation is instituted with the political parties, the national organizations representing various social categories (unions, associations, etc.) It is also open to other competences and members of civil society. The leaders of political parties are received regularly by the Head of State and their parties participate actively in the national consultations held around the major reforms that have been undertaken since the Change of November 7th, 1987.

They also participate in the Economic and Social Council, an advisory organ established by the Constitution, in the Higher Council of Planning, which identifies the major trends and strategies of the country's economic and social development policy, and in the Higher Communication Council one of whose tasks is to advise on free, pluralist and credible information.

Chapter1		Human Rights in Tunisia: Options and Accomplishments



	Table of Contents Declaration of November 7th,1987 Chapter I Chapter II Chapter III Chapter IV Chapter V Chapter VI Chapter VII Chapter VIII Chapter IX Chapter X		Civil and Political Rights 2 - Consecration of Democracy and Pluralism Constitutional amendment abolishing presidency for life and of automatic succession (1988), hence reaffirming popular sovereignty. If the office of President is vacant, presidential elections are to be held within 60 days. Enactment of a law defining the legal system applicable to political parties (1988). Signing of the National Pact, bringing the different parties and all the political and civil currents together around the values of commitment to national interest, authenticity, openness and tolerance (1988). Amendment of the electoral code on three occasions, in 1988, 1990 and 1993. This initiative made it possible to introduce pluralism in the Chamber of Deputies with the election of opposition candidates in March 1994. Amendment of the organic law on municipalities, to strengthen democracy on the grass-roots level (1995). Enactment of law no. 97-48 of July 21, 1997 on the public financing of political parties, strengthening their resources and ensuring the accomplishment of their political role. This law reinforces measures already provided for in the electoral code regarding the financing of the electoral campaigns of candidates to the Presidency of the Republic, the Chamber of Deputies and the Municipal Councils. Such financing takes the form of advances, reimbursements or assumption by the government of the expenses of printing the voting papers (Electoral Code). Promulgation of constitutional law no. 97-65 of October 27, 1997 amending articles of the Constitution and completing some Constitutional provisions. The amendments concern constitutional consecration of political parties, and therefore of the multiparty system, clarifying the role of the parties, the conditions for creating them and the democratic principles that are to govern their activities. They also concern the widening of the scope of referendum, a manifestation of the direct exercise of popular sovereignty, lowering the minimum age for candidacy to the Chamber of Deputies to 23 years and allowing anyone whose mother is a Tunisian to stand for election, thereby consecrating equality between men and women, whereas candidacy was formerly reserved only to Tunisians who derived their nationality from their father. Holding of plenaries of the Chamber of Deputies outside ordinary sessions, for the discussion of important or urgent issues between the deputies and the government. – Publication of decree n°98-479 of February 19, 1998 defining the forms and methods of allocating subsidies to political parties. Promulgation of organic law no. 98-93 of November 6, 1998, amending and completing provisions of the Elecoral Code. Opposition party members are guaranteed approximately 20% of the total number of seats in the Chamber of Deputies and in Municipal Councils in the forthcoming elections. Submitting a draft constitutional law enabling the head of each political party to present his candicacy for the presidency of the Republic during the 1999 elections. Such a person may be the chairman or the secretary general of his party, provided he has been exercising that responsibility for at least five consecutive years as of the day on which he registers his candidacy. This will be done by waiving the provisions of article 40, paragraph 3 of the Constitution, setting the conditions to be fulfilled by candidates to the presidential elections. This measure aims at ensuring plurality of candidacies to the forthcoming presidential elections to be held in October 1999. Since November 7, 1987, political pluralism has become an irreversible process and a reality, and the opposition which sits in the Chamber of Deputies since the 1994 elections is represented in parliamentary commissions. A process of consultation is instituted with the political parties, the national organizations representing various social categories (unions, associations, etc.) It is also open to other competences and members of civil society. The leaders of political parties are received regularly by the Head of State and their parties participate actively in the national consultations held around the major reforms that have been undertaken since the Change of November 7th, 1987. They also participate in the Economic and Social Council, an advisory organ established by the Constitution, in the Higher Council of Planning, which identifies the major trends and strategies of the country's economic and social development policy, and in the Higher Communication Council one of whose tasks is to advise on free, pluralist and credible information.