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OVERVIEW
The Change:a historic turning point: The constitutional accession of President
Zine El Abidine Ben Ali to the highest executive office,
on November 7, 1987, ushered the country into a new era, often referred to as the Change.
Democratic reform:Since the first days of the Change, President Ben Ali initiated several major reforms anchoring democracy
and enlarging political participation. Reforms did away with "presidency-for-life" and made it easier
for Political candidates to compete for the presidency. Electoral reforms also made it possible for the opposition
to enter Parliament for the first time, in 1994, and then to garner 20% of the seats during the 1999 and 2004 elections.
The same percentage of seats was set aside as a minimum for the minority candidates in municipal councils after
the local elections, of 2000.and 2005.
In November 2001, President Ben Ali announced further democratic reforms: constitutional
sanction of human rights; creation of a second legislative body to reinforce legislative power, giving the Constitutional
council more powers to ascertain the regularity of presidential and legislative elections. All provisions were
part of a constitutional reform adopted by popular referendum in May 2002. Tunisia's second legislative chamber,
the chambers of advisors, was inaugurated in August 2005.
Promoting human rights (*):Numerous measures have been taken to promote human rights and translate them into facts. Institutions
were created and legal mechanisms introduced so that every member of society can enjoy all his rights, be they
political, civic, economic, social or cultural. Since 1987, and within this comprehensive approach, political and
civic participation has been widened, pre-trial and preventive custody were regulated, the State Security Court
abolished, a general amnesty decreed, a Constitutional Council was established and its rulings rendered binding,
a code for the rights of the child was adopted, gender equality was further promoted, and the rights of all to
decent living transformed into reality. Freedom of thought and expression is protected by law and the Press Code
of the Press was amended four times, to further promote freedom of the press. The values of human rights, pluralism
and tolerance are taught at all levels by educational and training institutions.
Measures announced in the year 2000 included the decision to transfer authority over incarceration and correction
institutions to the Ministry of introduction of liberal amendments into the Press Code. The transfer took place
since then. The Chamber of Deputies has also adopted a bill guaranteeing the rights of prison inmates. In May 2001,
it adopted another bill amending the press code. In July 2005, the administrative requirement of filing copies
for published press material ( depot legal) was abolished.in 2007, the depot legal for books was also abolished.
The bill scrapped prison terms as possible sentences and did away with the charge of "defaming public order".
On November 7, 2007, Tunisian President Zine El Abidine Ben Ali
announced, in a major address, a number of measures to promote democracy and human rights.
Since the Change of November 7th, 1987, Tunisia has placed the protection
and promotion of human rights at the top of its agenda. Under the leadership of President Zine El Abidine Ben Ali,
it has taken a host of initiatives to promote human rights, be they political, civil, social, economic or cultural.
Protection of civil rights
Tunisia has given special attention to the protection of civil rights. To this end, it has introduced a series
of reforms that provide the legal framework for the preservation and protection of these rights. It also ratified
without reservations the 1988 United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment
or Punishment.
In 1995, the Penal Code was amended by adding provisions defining the crime of torture. The sentence of hard labor
was removed in 1989. Also removed were the rehabilitative labor and civil service sentences (1995). The legal system
pertaining to preventive detention and custody was amended through reforms introduced into the Code of Penal Procedures
(1987, 1993 and 1999). Another amendment transferred the prerogatives of the Minister of the Interior concerning
release on parole to the Minister of Justice (2001). A measure was adopted in 2004, repressing assaults on good
morals (2004).
The possibility to substitute community service for the imprisonment sentence was also established through amendments
and reforms introduced in 1999 into the Penal Code. Penal compensation was also established as an alternative sentence.
The law of May 14, 2001 added new provisions guaranteeing the rights of prison inmates and defining their duties,
in light of international standards concerning the treatment of prisoners in a way that preserves their dignity
and humanity.
Another important initiative consists in transferring penitentiary institutions and administrations from the authority
of the Ministry of the Interior to that of the Ministry of Justice (January 2001). The human rights sector was
brought under the authority of the Ministry of Justice (2002), and a general coordinator for human rights was appointed
within the same ministry (2004).
The law of October 2002 concerning the indemnification of those detained and sentenced but then proven innocent,
established, for the first time in the history of the Tunisian legislation, the possibility for the State to pay
due compensations to anyone who has been sentenced to imprisonment but later declared innocent by the court.
The law of July 31, 2000 established the position of "sentence enforcement judge", to control the execution
of freedom-depriving sentences and to propose the granting of release on parole.
Religious Freedom
The 1959 Constitution guarantees freedom of religious faith and worship. The law of May 3, 1998, pertaining to
mosques, provides that "individuals and groups are free to exercise their right to worship in mosques,"
and that "the State guarantees the sanctity of mosques and the respect due to them." The State protects
the places of worship of all religions, and safeguards the right of religious minorities to practice their own
faiths.
Tunisian legislation prohibits incitement to religious or racial hatred. The educational system, as defined by
the Law on Education of July 23, 2002, promotes the values of religious and racial tolerance and gender equality.
Trade-union
freedom
Tunisian workers have the right to form trade unions and to engage in trade-union activity, including work stoppages
and strikes. Tunisia's ratification, in March 2007, of the International Labor Convention No.135, concerning workers'
representatives, reflects President Ben Ali's concern to provide protection to workers' representatives within
enterprises. Some provisions of the Labor Code have accordingly been amended in order to adapt them to the requirements
of this Convention.
The Tunisian General Labor Union (UGTT) takes part in collective bargaining sessions along with the business federation
and the Government. Agreements on salaries and benefits have ensured a climate of social peace in the country.
UGTT publishes its own newspaper (Ash-Shaab), and its representatives present their views in talk-shows on radio
and television.
The right to freedom and democracy
In addition to the reforms consecrating the independence of the judiciary, such as the abolition of the state security
court and the office of Public Prosecutor in 1987, constitutional and legal reforms have been introduced to promote
fundamental freedoms.
One of these reforms was the constitutional law of October 27, 1997, which defines the role of political parties
in public life, and expands the scope of recourse to referendums in decisive questions concerning the country's
future.
Amendments to article 40 of the Constitution have consecrated the pluralism of candidacies to the Presidency of
the Republic. In October 1999, Tunisia witnessed, for the first time in its history, pluralistic presidential elections
where the incumbent president was challenged by other contenders for the highest executive office. In April 2008,
the Chamber of Deputies, at the behest of President Ben Ali who is continuously keen on promoting public life and
enhancing the contribution of political parties to the process of democracy and pluralism, approved, on an exceptional
basis, a bill amending paragraph 3 of the Constitution, in such a way as to enable the first official of each party
to run for the 2009 presidential elections.
Amendments introduced in July 2003 into the Electoral Code provided additional legal guarantees for voters, established
a system of permanent revision of electoral rolls, and reinforced the transparency of the election process at all
stages.
Democratic pluralism finds its illustration also in the presence of six political parties in the Chamber of Deputies.
A total of nine political parties are now active in the country. They exercise their rights to organize activities,
hold meetings, express their views, and publish their own newspapers. Political parties are represented in local,
regional and national councils. They are also entitled to public funds to finance their activities and publish
their newspapers.
The Constitutional Law of October 27, 1997 stipulates that political parties should respect the sovereignty of
the people, republican values, human rights and the principles related to personal status. The same law requires
political parties to reject all forms of violence, extremism, racism and discrimination.
The Tunisian Constitution bans the use of religion or race for political purposes. Article 8 provides that "a
political party must not be based, as regards its principles, objectives, activities and programs, upon a religion,
language, race, gender or region."
On the other hand, over 9,000 associations are active in Tunisia. They enjoy the protection provided by the 1992
Law on Associations which provides that no association can be dissolved without a court decision. Associations
constitute a basic pillar of civil society.
Human rights and the fundamental constitutional reform
The 2002 Constitutional Reform anchored the basic principles underlying the November 7th Change, namely the comprehensiveness
and global nature of human rights, the principles of rule of law and pluralism, and the values of solidarity, tolerance
and freedom.
New constitutional amendments have reinforced the protection of personal privacy and consecrated the inviolability
of communications and personal data.
Article 5 of the Constitution reaffirms the importance Tunisia attaches to human rights in their universality and
comprehensiveness. It also grants a special place to the preservation of human dignity.
Consecrating the inviolability of communications and the protection of personal data within the Constitution falls
in line with the great strides made in Tunisia to ensure universal access to the Internet and new information technologies.
There are over 1,700,000 Internet users in Tunisia. High schools, universities and research institutions, medical
facilities, banks and businesses are all connected to the Web.
These reforms also include the establishment of the Constitutional Council, the first institution created after
the Change to consecrate the rule of law and the supremacy of the Constitution. Since then the prerogatives of
the Constitutional Council have been reinforced, so that its opinions are now binding on all public authorities.
Its status reflects the important role it assumes in ensuring the supremacy of the Constitution and the respect
of its provisions, in promoting the rule of law, and in materializing the principles and values underlying the
Republic of Tomorrow.
The right to freedom of opinion and expression
Freedom of opinion and expression has been consolidated through a host of measures, including successive reforms
into the Press Code (1988, 1993, 2001 and 2006), aimed at further reinforcing public freedoms. The latest amendments
abolished the crime of "defamation of the public order" as well as the procedure of "dépôt
légal" (legal submission of copies of published material).
The Tunisian media landscape is today open and pluralistic. Access to the Internet, satellite channels and foreign
newspapers and magazines is readily available to all Tunisian citizens all over the country.
The majority of newspapers and magazines are privately-owned. The openness and diversity of the media landscape
have recently been reinforced by President Ben Ali's decision to open up the audio-visual space to the private
sector. The first private radio station (Mosaique FM) started operating on November 7, 2003, and the first private
TV channel (Hannibal TV) on February 13, 2005. A second private radio station (Jawhara TV) was launched on July
25, 2005. A "Cultural Radio" started broadcasting its programs on May 29, 2006. A third private radio
station "Ezzeitouna Radio for the Holy Koran" was launched in September 2007. Besides, "Tunisie
21", a channel catering to young audiences, launched its satellite broadcasting on November 7, 2007.
Newspapers published by Opposition parties receive an annual grant. They are also offered reductions on the cost
of paper, in addition to customs exemptions on imported equipments used in the newspaper industry.
On May 3, 2001, President Ben Ali exhorted journalists to write on all subjects, indicating that there are no taboo
subjects except what is forbidden by law and by the ethics of the journalistic profession. He also stressed the
responsibility of the media to help change mindsets, including those of certain officials who "have to get
used to accepting criticism".
In October 2004, President Ben Ali affirmed, in Point 21 of his Electoral Program for Tomorrow's Tunisia, his determination
to promote and encourage media pluralism, by increasing support to the press of political parties, enlarging forums
of dialogue, and enhancing private initiative in the information sector.
On the other hand, President Ben Ali announced, in his speech of November 7, 2005, his decision to enrich the composition
of the Higher Communication Council, by including in it, in addition to the competent specialists known in this
field, personalities reflecting the diversity of the components of civil society and political actors.
As part of the process of promoting information institutions, President Ben Ali announced, in his speech marking
the 20th anniversary of the Change, his decision to make of the Higher Communication Council an institution with
its own entity and financial autonomy, and to consolidate the prerogatives of this Council, by making it responsible
for following up the performance of media institutions, particularly the audio-visual media, assessing their programs
and contents, and submitting suggestions to promote them in a way that meets national choices and orientations,
and conforms to the ethics of the journalistic profession and media work.
Human rights protection mechanisms
Various mechanisms have been established to promote human rights, such as the Higher Committee for Human Rights
and Fundamental Freedoms, created in 1991. This committee, composed of renowned human rights experts, prepares
an annual report which it submits to the President of the Republic. In January 2008, President Ben Ali announced
his decision to elevate the provisions organizing the Committee to the level of law, to offer it, as a national
human rights institution, administrative and financial autonomy, and to review its composition. This reform was
adopted by the Chamber of deputies and the Chamber of Advisors, and then signed by the President of the Republic.
The new law establishes the Committee's autonomy, expands its prerogatives, develops its working methods, and empowers
it to take in charge any human rights issue.
Other mechanisms include the "human rights units" established within the Ministry of Foreign Affairs,
the Ministry of Justice and Human Rights, and the Ministry of the Interior and Local Development. These units,
created in 1992, serve as additional mechanisms for the protection and promotion of human rights.
Furthermore, President Ben Ali decided in 1993 to establish a "Presidential Prize for Human Rights",
awarded to personalities, organizations, institutions and bodies for their outstanding contribution to promoting
human rights and disseminating human rights culture at the national, regional and international levels.
Numerous measures have been taken to promote human rights and translate
them into facts. Institutions were created and legal mechanisms introduced so that every member of society can
enjoy all his rights, be they political, civic, economic, social or cultural. Since 1987, and within this comprehensive
approach, political and civic participation has been widened, pre-trial and preventive custody were regulated,
the State Security Court abolished, a general amnesty decreed, a Constitutional Council was established and its
rulings rendered binding, a code for the rights of the child was adopted, gender equality was further promoted,
and the rights of all to decent living transformed into reality. Freedom of thought and expression is protected
by law and the Press Code of the Press was amended four times, to further promote freedom of the press. The values
of human rights, pluralism and tolerance are taught at all levels by educational and training institutions.
On November 7, 2007, in a major address, President Zine El Abidine Ben Ali announced a number of measures to promote
democracy and human rights.
The measures announced by President Ben Ali include :
- Increasing twofold the fixed grant allocated to finance political
parties represented in the Chamber of Deputies, in order to help them promote their role and intensify their activities.
- Increasing the grant allocated to these parties'press in order
to consolidate their capacity to make heard their voice and make known their programs and positions.
- Facilitating the activity of these political parties in public
spaces, as far as possible, and in accordance with the regulations in force.
- Increasing Opposition's presence in TV programs addressing national
issues and world developments.
- Promoting the Higher Communication Council into an institution
with its own entity and financial autonomy and consolidating its prerogatives, by making it responsible for following
up the performance of media institutions, particularly the audio-visual media, assessing their programs and contents,
and submitting suggestions to promote them in a way that meets Tunisia's national choices and orientations, and
conforms to the ethics of the journalistic profession and media work.
- Lowering, from 20 to 18, the minimum voting age; thus allowing
Tunisia's youth to participate, on the largest scale possible, in general elections.
- Amending the Electoral Code in such a way as to allow municipalities
where the number of voters amounts to 7,000 or more, to increase, from 450 to 600, the number of registered voters
in each of their polling stations.
- Reinforcing the composition of the National Election Monitoring
Observatory, by involving law specialists and national figures known for their independence and competence.
- Revising the Electoral Code in such a way as to increase up to
25% the number of seats devoted to the national level in the election of the members of the Chamber of Deputies.
- Reviewing the provisions of the Chamber of Deputies'internal regulations
concerning parliamentary groups, in order to facilitate their creation, by decreasing, from 10% to 5% only, the
number of seats required to form a parliamentary group.
- Reinforcing the presence of the different political tendencies
within the list of national figures and competences belonging to the Economic and Social Council.
- Reviewing the texts organising higher consultative councils, in
such a way as to allow political parties represented in the Chamber of Deputies to join all these councils, and
thus reinforce the traditions of consultation and exchanges of views and ideas concerning the evolution and promotion
of all sectors.
- Amending the Electoral Code toward decreasing the ceiling set for
the number of seats for each list, in such a way as to make sure no list obtains more than 75% of the seats in
municipal councils, regardless of the number of votes it wins.
- Preparing a bill that consolidates the judicial guarantees offered
during the period of custody, by establishing the obligation for the judicial party to justify the decision to
extend the period of custody; thus avoiding any automatic extension of this period. The bill shall also establish
the obligation for the investigating magistrate to justify the decision to preventively detain a suspect; thus
confirming the exceptional character of preventive custody.
- Further promoting this system by enlarging the scope of alternative
non-prison punishments, and establishing the sentence of reparation, under which it will be possible for the court,
in small infractions and offences requiring a short-term prison penalty, to require the sentened party to compensate
the victim of the offence or to remove the damage caused by the offence, wthin a period of time set by the court.
The prison sentence shall apply in case the compensation is not made during the set period.
- Preparing a bill reviewing the conditions for the restitution of
rights, by decreasing the period required for obtaining a decision for the restitution of rights, or required for
the restitution of rights by law.
- Establishing a developed computer system connecting courts, tax
offices and the judicial register department, which will allow to update the criminal record certificate as soon
as possible, and obtain the restitution of rights as soon as the legal conditions are met. This will offer those
who had committed offences the possibility to obtain a job in easy conditions, and will, therefore, protect them
against recidivism.
- Preparing a bill forbidding the residence of children with their
imprisoned mothers, and providing for the establishment of special spaces for the protection and accomodation of
imprisoned mothers all along the period of pregnancy and breast-feeding. When this period ends, they shall continue
serving their sentence in ordinary penitentiary institutions reserved for women.
- The prerogatives of The Higher Committee for Human Rights and
Fundamental Freedoms, established on January 7, 1991 as the instituion to promote human rights and freedoms in
Tunisia, have been regularly strengthened based on initiatives by President Ben Ali.
- In an address
on January 24, 2008, President Ben Ali announced that this
Committee will gain an autonomous status and larger prerogatives , as well as benefiting from a revised composition
“in such a way as to strengthen communication between the state and civil society components.”
Sustained economic growth:Freeing private initiative and revitalizing market mechanisms have been part of far reaching structural
reform which opened the Tunisian economy to the outside world, diversified productive sectors, and made the economy
overall more efficient and more resistant to external shocks.
Since 1987, the GDP growth rate has averaged about 4.5% a year (with a significant acceleration over the past four
years) as compared to only 2.4% during the 1982-86 period. The stabilization of the macroeconomic framework and
improvement of the overall balances is reflected in the curbing of the inflation rate from more than 8% in 1987
to 2.8% in the year 2003, as well as in the reduction of the balance of payments and the state budget deficits
which in turn led to a substantial improvement in the debt parameters.
Integrating the world economy: In 1995, Tunisia became the first country south of the Mediterranean to sign an association
and free-trade agreement with the European Union. Tunisia has also entered into free trade agreements with several
Maghrebi and Arab countries, and diversified its cooperation and partnership relations all over the world.
The benefits offered by Tunisia to foreign firms led to an increase of more than 100% in foreign investments during
the 1987-2004 decade in comparison with the preceding decade. Those results were the fruits of a new situation
characterized by a climate of political and social stability; greater competitiveness and efficiency of the economy;
an overall effort to enhance the efficiency of business and industry; adoption of new vocational training methods
better adapted to the country's needs; modernization of the transport and communication infrastructure; and diversification
of economic activity.
Sharing the fruits of growth:Various indicators show a substantial improvement of the living standards of all Tunisians . Thus,
life expectancy increased from 67 in 1984 to an average of 73 years in 2004. The annual rate of population growth
dropped from 1.7% in 1994 to 1.1% in 2004. The per capita income increased from 952 dinars (in 1986 ) to reach
3,580 dinars ( in 2004).
Approximately three-quarters of the population are considered middle class and about 80% of Tunisian families own
their own homes. The poverty rate has dropped to about 4%. A special fund, the National Solidarity Fund, was created
in 1993 by President ben Ali to channel donations and extra-budget allocations into programs benefitting needy
areas and individuals. Building on the exceptional success of this fund in fighting poverty, a new fund –the National
Employment Fund– was launched in January 2000 for the purpose of creating job opportunities. Created in 1998, the
Tunisian Solidarity Bank has offered thousands of micro-credit loans to young graduates and small businesses.
Investing in human resources(**):President Ben Ali has made the promotion of human resources a pivotal concern in Tunisia's development
strategy by giving priority to education, training and improvement of the citizens' living conditions.
In order to promote socio-economic progress through the dissemination of learning, a number of measures have been
undertaken including a comprehensive reform of the educational system, the upgrading of the system of vocational
training, and the implementation of a myriad of projects aimed at raising the level of competence and adapting
qualifications to the needs of higher economic performance.
In addition to free public education at all levels of learning, the educational reform provides for compulsory
schooling until the age of 16. The percentage of school-age children of both sexes in full-time education is in
excess of 99%. The new curricula prepare pupils and students for meeting the challenges of modern life and aim
to instill in them with the values of openness, tolerance and civic responsibility.
A focus is put on foreign language acquisition and computer technologies. A large-scale effort is underway to quickly
connect all businesses as well as all education and research establishments to the Internet.
(**) See also the National Report on Human Development (in PDF format) and the National Statistics Institute
website
Women: equality and participation: Since 1987, various steps have been taken to consecrate the new status of women as
real partners with men. Women today enjoy their full rights and assume a major role in the development process
and in all walks of life. This success is also reflected in women's accession to the various sectors of work, production
and investment. Politics is no exception, as there are today 7 women in the Cabinet. Women also constitue 22.7
% of the members of the Chamber of Deputies and 15% of the members of the Chamber of Advisors.
Diplomacy:President
Ben Ali's foreign policy includes among its priorities working for regional integration in the Maghreb, inter-Arab
consensus-building and co-operation, and Euro-Mediterranean co-development. Under Ben Ali's leadership, Tunisia
has actively contributed to the search for a just and lasting peace in the Middle East, offering an unwavering
and concrete support to the Middle East peace process. Ben Ali's chairmanship of the Organization of African Unity
in 1994 demonstrated a strong commitment to seeking negotiated solutions to the conflicts shaking the continent
and to preventing armed confrontations in Africa.
More on Tunisia's foreign policy
During his visits abroad, his meetings with the Heads of state and Kings and his discussions with world leaders,
President Ben Ali invariably pleads the cause of a more just, more united, more stable and more prosperous world.
In his view, globalization should be a source of universal progress and mutual development, not a factor of imbalance
or domination. In 1999, he announced an initiative for the creation of a World Solidarity Fund to fight more
efficiently poverty and marginalization all over the world.
The UN General Assembly voted in December 2002 to adopt a resolution calling for the creation of the Fund
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