AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
Commission Africaine des Droits de l’Homme &
des Peuples
African Commission on Human & Peoples' Rights
31 Bijilo Annex Layout, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia
Tel: (220) 4410505 / 4410506; Fax: (220) 4410504; E-mail: au-banjul@africa-union.org; Web www.achpr.org
REPORT OF THE JOINT PROMOTION MISSION TO THE
REPUBLIC OF TUNISIA
BY
COMMISSIONER MAYA SAHLI FADEL
&
COMMISSIONER MANUELA TERESA
17-22 SEPTEMBER 2018
Considered at the 73rd Ordinary Session
of the African Commission on Human and Peoples' Rights
held from 20 October to 9 November, 2022
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TABLE OF CONTENTS
I.
ACKNOWLEDGEMENTS................................................................................................................. 3
II.
EXECUTIVE SUMMARY................................................................................................................... 4
III.
INTRODUCTION .............................................................................................................................. 6
A.
Composition of the Delegation .................................................................................................. 6
B.
Terms of reference of the Mission ........................................................................................ 6
C.
Previous commitments between the Commission and Tunisia .............................................. 7
D.
Country profile ........................................................................................................................ 7
E.
Methodology ............................................................................................................................... 8
IV.
FINDINGS ..................................................................................................................................... 10
A.
C.
Administration of Justice and Correctional Services ............................................................. 11
1)
Administration of Justice ................................................................................................. 11
2)
Prisons and Conditions of Detention .............................................................................. 12
B.
Institutions for the promotion and protection of human rights..................................... 13
Economic, social and cultural rights ....................................................................................... 14
1)
Unemployment and Poverty ............................................................................................ 14
2)
Right to Education ........................................................................................................... 15
3)
Right to Housing............................................................................................................... 16
4)
Right to health and access to health care / HIV AIDS................................................... 17
5)
Labour rights .................................................................................................................... 17
D.
Access to Information .......................................................................................................... 19
E.
Women's Rights........................................................................................................................ 19
F.
Rights of Persons with Disabilities .......................................................................................... 21
G.
Asylum Seekers and Migrants ............................................................................................. 21
V.
RECOMMENDATIONS .................................................................................................................. 22
A.
Overview ...................................................................................... Error! Bookmark not defined.
B.
Administration of Justice and Correctional Services ......................................................... 23
C.
Institutions for the promotion and protection of human rights ............................................ 23
D.
Socio-economic rights.......................................................................................................... 23
E.
Access to information .............................................................................................................. 24
F.
Women's rights......................................................................................................................... 24
G.
Rights of persons with disabilities ...................................................................................... 25
H.
Asylum seekers and migrants ............................................................................................. 25
ANNEXES .............................................................................................................................................. 26
ANNEX I: List of people met at the various meetings .................................................................... 26
ANNEX II: Programme of the Mission ............................................................................................... 1
2
I.
ACKNOWLEDGEMENTS
The African Commission on Human and Peoples' Rights (the Commission) would like to
express its gratitude to the Government of the Republic of Tunisia (Tunisia) for authorising
this promotion mission and providing its delegation with all the facilities and personnel
needed for the success of its mission, as well as for the frank and constructive discussions
that characterised the mission.
The Commission would like to make special mention of the Ministry of Foreign Affairs and
the Focal Points who accompanied the Delegation throughout its mission, for the excellent
arrangements made to enable the Delegation to meet with various governmental and
other actors, in order to get a fairly representative overview of the human rights situation
in the country.
The Commission would also like to thank all the representatives of the various ministerial
departments, independent statutory institutions and other bodies, as well as the
individuals who, despite their busy schedules, took the trouble to meet with the delegation.
Finally, the Commission would like to express its gratitude to the Representative of the
African Union Liaison Office for Libya and her staff for their contribution to the success of
this mission.
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II.
EXECUTIVE SUMMARY
In accordance with the mandate of the African Commission on Human and Peoples' Rights
(the Commission) under Article 45 of the African Charter on Human and Peoples' Rights
(the African Charter) and following the authorisation of the Government of the Republic of
Tunisia (Tunisia), a delegation of the Commission undertook a Promotion Mission to the
Republic of Tunisia from 17 to 22 September 2018.
This mission is the first promotion mission of the African Commission to Tunisia and its
objective was to assess the general human rights situation since the presentation of its
initial report in 1995, and particularly following the revolution dubbed the Jasmine
Revolution at the end of 2010 to early 2011 leading to the departure of President Ben Ali.
During the mission, the Delegation exchanged views with State actors at the highest level,
involved in the promotion and protection of human and peoples' rights in Tunisia, His
Excellency the President of the Assembly of People's Representatives, but also the
Ministers of Religious Affairs, Women, Family, Children and Older Persons, Social Affairs,
Health and Education.
The Delegation also met with the Secretary of State for Foreign Affairs, the Head of Cabinet
in charge of relations with constitutional bodies, civil society and human rights
organisations. The Delegation also held working sessions with senior officials from the
Ministries of the Interior and Justice.
The Delegation also met with the Ombudsman, the President of the Higher Committee for
Human Rights and Fundamental Freedoms, the Commission for Rights and Freedoms and
External Relations of the Assembly of People's Representatives, the National AntiCorruption Authority and the Independent High Authority for Audiovisual Communication.
The Delegation also held working sessions with representatives of the United Nations
system and representatives of the International Committee of the Red Cross and Red
Crescent (ICRC).
It met with the National Union of Tunisian Journalists and civil society organisations. Due
to lack of time, the Delegation was not able to visit prisons or hold discussions with certain
stakeholders.
The Delegation notes with satisfaction the many positive developments characterized by
a clear political will and a real commitment to the promotion and protection of human
rights in Tunisia.
Among other things, the Delegation notes the gradual strengthening of the legislative and
legal framework relating to human rights in general, and specifically to women's rights,
with the strengthening of gender parity enshrined in Article 46 of the 2014 Constitution,
the protection of the rights of older persons with the forthcoming adoption of a Code to
that effect; the reform of the education system with a view to improving the quality of
education and the enshrinement of freedom of expression and opinion in the Constitution
and in practice.
4
The Delegation welcomes the government's commitment to improving the lives of citizens
through the implementation of programmes and policies relating to human rights, and
particularly the attainment of social and economic rights.
The Delegation notes, however, the weakness of the budget in certain fundamental
aspects such as health and education; including the slow pace in establishing national
institutions and bodies as provided for in the 2014 Constitution, in particular the
Constitutional Court; the slowness in carrying out legislative reforms, and the need to
strengthen the capacities of human resources in all sectors.
The Commission encourages the Tunisian Government to:
▪
▪
▪
Continue the efforts made and all initiatives aimed at the better enjoyment and
effective protection of human rights in the country;
Accelerate the adoption and promulgation of draft laws aimed at strengthening the
effective fulfilment of human rights for the benefit of the population in general and
the vulnerable groups in particular;
Consolidate the achievements and ongoing actions in the implementation of social,
economic and cultural rights.
The Delegation appreciates the commitment of the Government to respect its obligations
by submitting its periodic reports under Article 62 of the African Charter with the
presentation of its cumulative reports at the next sessions of the African Commission on
Human and Peoples' Rights.
The Delegation expresses its gratitude to the Government of the Republic of Tunisia for
the facilities made available to it during the mission, as well as for the constructive
engagement of dialogue with all stakeholders.
It expresses, in particular, its deepest appreciation to the Ministries of Foreign Affairs and
of Relations with Constitutional Bodies, Civil Society and Human Rights Organisations
which assisted the Delegation throughout its mission.
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III.
INTRODUCTION
A. Composition of the Delegation
1. The Commission's delegation was composed as follows
•
Commissioner Maya Sahli Fadel, Commissioner Rapporteur on the situation of
human rights in the Republic of Tunisia and Special Rapporteur on refugees,
asylum seekers, internally displaced persons and migrants in Africa;
•
Commissioner Maria Teresa Manuela, Special Rapporteur on prisons, conditions of
detention and policing;
•
Commissioner Hatem Essaiem Resident Commissioner and Chairperson of the
Working Group on the Prevention of Torture in Africa
•
Ms. Estelle Nkounkou, Legal Officer, member of the Commission’s Secretariat, who
provided technical support to the delegation during the mission.
B. Terms of Reference of the Mission
2. The Terms of Reference for the mission to Tunisia were as follows:
• Promote the African Charter, the Protocol to the African Charter on Human and
Peoples' Rights on the Rights of Women in Africa (Maputo Protocol) and all other
regional and universal human rights legal instruments;
• Strengthen relations between the Commission and Tunisia in the area of promotion
and protection of the rights guaranteed by the Charter and other relevant national,
regional and universal legal instruments;
• Engage in dialogue with the Government of Tunisia on legislative and other
measures taken to give full effect to the provisions of the African Charter, the
Maputo Protocol and other duly ratified instruments;
• Enquire about the status of implementation of the decisions of the African
Commission on Human and Peoples' Rights;
• Exchange views and share experiences with the Tunisian government and other
actors working on human rights in the country regarding strategies to improve the
enjoyment of human rights;
• Gather all relevant information on the situation of women's rights, children's rights,
and also on the situation of other vulnerable groups and identify good practices
and affirmative action measures, and where appropriate, persistent challenges.
• Collect information on older persons and people disabilities in Tunisia;
• Assess the level of enjoyment of economic, social and cultural rights by all Tunisian
citizens and the measures taken by the government towards the attainment of
these rights;
• Gather information on the situation of human rights defenders in the Republic of
Tunisia and engage the various stakeholders in understanding the issues, if any,
that impede the effective enjoyment of their rights;
• Exchange and collect information on the extractive industries sector (phosphate),
and assess their impact on the environment and the lives of citizens;
• Collect information on the issue of HIV/AIDS and inquire about the measures and
policies put in place by the Government for the prevention and control of the
pandemic, as well as the protection of the rights of people living with the virus,
those at risk, vulnerable to and affected by the disease;
• Meet with all actors involved in human rights activities in order to share views,
6
•
•
among other things, on their programmes, their assessment of the human rights
situation in the country as well as the difficulties encountered in carrying out their
activities;
Visit prisons and other detention centres to learn about the conditions of detention
of inmates;
Visit schools and especially centres for people with disabilities,
C. Previous commitments between the Commission and Tunisia
3. This mission was the first promotion mission to Tunisia, although Tunisia had already
received a visit from a Special Rapporteur of the Commission (Special Rapporteur on
Human Rights Defenders in Africa) in 2012, this was a joint thematic visit with her UN
counterpart within the framework of the Addis Ababa Roadmap.
4. The initial Periodic Report of Tunisia, covering the period from 1990 to 1994, was
considered during the 18th Ordinary Session of the Commission, held in October 1995,
and the Concluding Observations were adopted at that same session. Tunisia then
submitted its 4th to 9th periodic reports covering the period from 1995 to 2006 during
the 42nd Ordinary Session of the Commission in 2007. Since then, Tunisia has not
presented any report until now.
5. To date, the Commission has only received two cases against Tunisia that have been
finalised, namely:
▪ Communication 69/92 Amnesty International v. Tunisia
▪ Communication 366/09 - Hammadi Kammoun v. Tunisia
6. Both cases were declared inadmissible by the Commission.
D. Country Profile
7. Tunisia is a semi-presidential and unicameral Republic with separate executive,
legislative and judicial powers. It is divided into 24 Governorates named after their
capitals, namely Ariana, Beja, Bizerte, Gabes, Jendouba, Kairouan, Kasserin, Kef,
Mahdia, Manouba, Medenine, Monastir, Nabeul, Sfax, Sidi Bouzid, Siliana, Sousse,
Tataouine, Tozeur, Tunis and Zaghouan. They are headed by governors, appointed by
the President of the Republic, who are the "custodians" of the State's authority. Three
institutions help them accomplish their missions: the local development council, the
rural council and the neighbourhood committee. Alongside the governors are the
regional councils, which are responsible for examining "all matters of interest to the
governorate in the economic, social and cultural spheres".
8. They give their opinion on the programmes and projects that the State plans to carry
out in their respective governorates, decide on the governorate budget and the taxes
levied for the benefit of the public body, and establish cooperation relations with
foreign bodies at the regional level (after approval by the Minister of the Interior). The
governorates are subdivided into 264 delegations and 281 municipalities. The
smallest administrative division is the sector or imada, of which there are 2 073.
9. As for the judicial system, despite its inclusion in the 2014 Constitution, the
Constitutional Court has still not been installed and the highest court to date remains
the Court of Cassation; thus, the Tunisian judicial system is divided into two
7
jurisdictions, namely the judicial and administrative jurisdictions and the dual litigation
system.
10. As regards the courts of the judicial system, the Court of Cassation is the highest court
in the Tunisian judicial system. It hears appeals in civil and criminal matters. There are
ten courts of appeal (the courts of appeal of Tunis, Nabeul, Bizerte, Kef, Sousse,
Monastir, Sfax, Gafsa, Gabes and Medenine). They each comprise several chambers:
civil, commercial, correctional, criminal and indictment chamber. They are competent
to hear appeals in civil, criminal and administrative matters.
11. Then there are the courts of first instance, which comprise several chambers: personal
status chamber, commercial chamber, criminal chamber, correctional chamber and
one or more civil chambers. There are 27 courts of first instance spread over the
various districts of the courts of appeal, their territorial boundaries being determined
by the territorial limit of each governorate or by a group of delegations when there is
more than one court in the same governorate.
12. Tunisia also has labour courts which are competent to hear disputes between
employers and their employees, workers or apprentices in connection with the
execution of employment contracts, regardless of the amount of the claim. Their
decisions can be appealed before the Court of Appeal. Finally, we have the Cantonal
Court and the Commercial Court.
13. As far as the administrative courts are concerned, they are provided for in the
Constitution with a Council of State comprising the Administrative Court and the Court
of Auditors.
14. Concerning the texts not ratified by Tunisia, the Convention for the Protection and
Assistance of Internally Displaced Persons in Africa, the Protocol to the African Charter
on Human and Peoples' Rights on the Rights of Older Persons, the Protocol to the
African Charter on Human and Peoples' Rights on the Rights of Persons with
Disabilities, as well as the African Charter on the Rights and Welfare of the Child (for
the latter Convention, it was indicated during the mission that this had been done, but
that the documents had still not been deposited with the African Union).
E. Methodology
15. During the mission, the delegation met with various State and non-State actors (see
Annex 1) involved in the promotion and protection of human and peoples' rights in
Tunisia, including the following:
-
Ministry of Foreign Affairs;
Ministry of Justice;
Ministry of the Interior
Ministry of Health;
Ministry of Education;
Ministry of Social Affairs;
Ministry of Human Rights;
Ministry of Women, Children and Older Persons Affairs;
Ministry of Religious Affairs;
8
-
President of the National Assembly
Committee on Rights and Freedoms of the National Assembly;
Independent High Authority for Audiovisual Communication;
The High Committee on Human Rights and Fundamental Freedoms;
The Mediator of the Republic;
The United Nations System;
Representative of the African Union Liaison Office for Libya;
Libya Task Force;
ICRC
Tunisian League for Human Rights;
Tunisian Journalists' Union;
Anti-Corruption Agency;
Representatives of civil society organizations working in Tunisia.
16. The delegation concluded the mission with a press conference.
17. The delegation was not able to visit a prison or other state structures.
18. Due to time constraints, the delegation was not able to meet with representatives of
political parties in accordance with its practice.
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IV.
FINDINGS
19. The mission lasted six (6) days during which the Delegation visited different
departments in the capital city of Tunis. During the mission, the Delegation had the
opportunity to meet and interact with a representative sample of stakeholders.
20. The Delegation's interaction with a wide range of stakeholders provided valuable
information on the human rights situation in the country, which forms the basis for the
comments presented below.
21. Since the 2011 revolution, Tunisia has embarked on a process of democratisation that
is unique in the sub-region. Notable advances include the new Constitution of 2014.
This Constitution protects human rights in its Chapter 2. It also consolidates gains in
equality and human rights for women. There have also been numerous reforms,
including ensuring the constitutionality of laws, the decriminalisation of homosexuality,
the guarantee of equality between men and women in the area of inheritance, the
repeal of laws based on "morality" and the abolition of the death penalty.
22. These reforms have been accompanied by the establishment of various institutions to
support the new democratic dynamic, such as the Truth and Dignity Commission, the
Independent High Authority for Elections, the Independent High Authority for
Audiovisual Communication, the National Anti-Corruption Commission, the National
Commission for the Prevention of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, and the Higher Council of the Judiciary.
23. The adoption of the new Constitution of 2014 brought important changes aimed at
improving access to justice and the independence of the judiciary, which are necessary
conditions for the establishment of a real democracy and the rule of law.
24. However, the slowness of the establishment of the Constitutional Court as well as other
institutions such as the Court of Auditors, which are crucial to the proper functioning
of democracy, moderates all these advances.
25. The revolution has led to the adoption of many important laws such as the law on
assets declaration adopted in August 2018 which represents a major step forward in
the fight against corruption, the establishment by the framework Decree-Law No.
2011-120 of November 14, 2011, on the fight against corruption, the National AntiCorruption Authority, the adoption of the Code of Local Authorities which has
established the decentralization of power, one of the demands of the revolution, and
an important component for participatory democracy. Indeed, presidential and
legislative elections were held in 2014.
26. There are also numerous ongoing bills or those before the National Assembly, including
the bill on the elimination of all forms of racial discrimination1 which is expected to be
the first law of its kind in North Africa and the Arab world. The bill would criminalize
racial discrimination and give victims of racism the right to seek redress for verbal abuse
or physical acts of racism.
1 Law passed in October 2018
10
27. On the whole, the delegation noted that a great deal of progress had been achieved,
especially on the democratic front. Nevertheless, many challenges remain and the
sustainability of the gains of the revolution and the consolidation of democracy will
depend on the efforts of the Government to meet these challenges. The Delegation
welcomes the Tunisian Government's recognition of the structural and other
challenges that remain to be met, as well as the need to set up all the institutions,
including the Constitutional Court, to ensure the full enjoyment of the rights guaranteed
by the African Charter for all Tunisians. The Delegation also welcomes the institutional,
legislative, regulatory, political and budgetary measures that have been adopted to
strengthen the promotion and protection of these human and peoples' rights.
28. Based on the interviews conducted and the information gathered by the Delegation
during its discussions with the various stakeholders, the Mission's findings are set out
below, taking into account the mission's Terms of Reference.
A. Administration of Justice and Correctional Services
1) Administration of Justice
29. The Delegation noted with satisfaction the improvement of justice at the level of the
texts through the new Constitution, which gave a central place to justice in the
framework of the reform of the judiciary. Indeed, it has organized the rebuilding of
justice by enshrining, among other things, the function of the lawyer as being free and
independent and participating in the establishment of justice and the defence of rights
and freedoms, just as it proclaims the independence of the judiciary at all levels,
particularly administrative, financial and judicial.
30. It also notes the establishment of a new High Council of the Judiciary, which is a
cornerstone of the building of an independent judiciary. However, there were still some
obstacles, particularly with regard to the election of a permanent President, the
adoption of its rules of procedure, the establishment of its executive apparatus and
the development of manuals of procedure.
31. The new Constitution has also contributed to other positive developments in the area
of human rights, in particular through guarantees of non-repetition, as a result of the
transitional justice process under way at the time of the mission. Indeed, one of the
aims of transitional justice is to put in place guarantees that serious violations of
human rights and international humanitarian law committed in the past will not be
repeated. This includes reforming the institutions that committed the violations or
failed to play their institutional role to prevent them from repeating themselves and
thus ensure that impunity is brought to an end.
32. During the discussions the Delegation had with various actors, it learned that Tunisia
had begun a transitional justice process initiated in 2011 and concretized by the
establishment of a Truth and Dignity Commission (IVD). It is the first such Commission
in the Middle East and North Africa with the power to bring human rights cases directly
to court. It was established in May 2014 to investigate past violations as part of the
transition process initiated after the end of the regime of former President Zine El
Abidine Ben Ali. The mandate of the Commission, which carries great hope in a country
where members of the security forces accused of human rights violations are almost
never prosecuted, was to look into violations committed during the period 1955 to
11
2013 and to ensure that the perpetrators are held accountable. The violations included
enforced disappearances, extrajudicial executions, torture, deaths as a result of
torture, excessive use of force against peaceful protesters and killings of peaceful
protesters during the 2010-2011 uprising.
33. However, although the Truth Commission has brought several cases to trial as a result
of its investigations, very few trials have begun before the specialized criminal
chambers as part of the transitional justice. Given the various challenges faced by the
Commission, there was concern that victims and witnesses would be at risk of reprisals
if they were not given adequate protection. The Delegation was informed that the
Commission's mandate had come to an end, which raised concerns about the effective
implementation of its recommendations and the continuation of the trials it had
initiated.
34. The Delegation was also informed of the existence of a reparations programme for
victims as well as of the provisions of the Criminal Code for a better administration of
justice, including the decriminalisation of petty offences. The enforcement of
sentences is monitored by the enforcement judge.
2) Prisons and Conditions of Detention
35. The delegation expressed concern about the high rate of prison overcrowding, which
has repercussions on the safety and health of inmates and on prison management,
and which hinders the reintegration of inmates. In this regard, the delegation was
informed that the capacity of prisons is 18,000 individuals and that the prison
population is decreasing, although the fact that some old infrastructural facilities have
been destroyed has led to artificial overcrowding.
36. It was informed that efforts were under way to reform the legal framework for prisons
and conditions of detention, in particular by reforming the Criminal Code to improve
the administration of justice and decriminalise minor offences. Indeed, although the
use of alternatives to detention has existed in Tunisian law since 1999 through
community service (TIG), as an alternative to a prison sentence of up to one year, it has
never really been applied due to lack of resources. In 2018, 12,639 people in Tunisian
prisons were serving sentences of less than one year, i.e., 54.53% of the total prison
population2 . The Delegation was informed that efforts were underway to remedy this
with the operational establishment of 6 probation offices in addition to the existing one
in a pilot phase in Sousse set up with ICRC support since 2013.
37. The Delegation was also informed that the Ministry of Justice had embarked on a
process of reform in collaboration with the United Nations system, aimed in particular
at improving ethical values, respect for human rights in the prison environment and
inter-ministerial communication between the justice and prison systems.
38. The Ministry also aimed at improving the infrastructure and the training of prison
officers, in particular on communication and respect for the dignity and rights of
prisoners. In this regard, the Delegation was informed of the Project to develop a law
on torture in prison. There was already a Project for the sensitisation of prison officers
2 https://www.asf.be/wp-content/uploads/2019/11/Policy-Brief-Lutter-contre-la-surpopulation-carc%C3%A9rale-en-
Tunisie-1.pdf
12
on torture in collaboration with the World Organisation against Torture (OMCT). The
authorities admitted cases of torture in prisons but indicated that these remained a
minority and that sanctions had been taken against the perpetrators.
39. With regard to women prisoners, the Delegation was informed that their conditions in
prisons were better than those of men, although they had fewer opportunities for
rehabilitation within the women's prison. There was only one women's prison, as
opposed to 5 men's prisons with women's sections. As far as reintegration is
concerned, the stigmatisation of ex-prisoners in society remains strong and the socioeconomic impact of incarceration makes the process of reintegrating the individual
almost impossible. This was even more detrimental to women who also have to deal
with the influence of tradition and culture.
40. The Delegation was informed that at least 4 to 5 presidential pardons are granted
during the year. Concerning pre-trial detention, an improvement in the conditions of
pre-trial detainees was necessary, as there was still much to be done on the right to
have a legal counsel, and the period of pre-trial detention of certain categories of
prisoners such as the "Salafists" is quite long, as are the trials. There was, however, a
willingness on the part of the authorities to improve things, since they were aware of
their responsibilities and were seeking solutions with the support of various partners.
41. The Higher Committee on Human Rights and Fundamental Freedoms could make
unannounced visits to prisons, and civil society organizations that had signed
agreements with the Ministry of Justice could also visit prisons, but there was no
independent monitoring body for prison conditions.
42. The Delegation was informed that detainees are given a medical check-up on
admission, the diet of prisoners is balanced, offenders with certified medical needs are
given a special diet. Vocational training is offered to inmates within the prison to
prepare them for reintegration, as well as literacy programmes and the possibility to
take state examinations. Furthermore, the Ministry of Religious Affairs can send
preachers to prison at the request of prisoners (of any religion).
B. Institutions for the promotion and protection of human rights
43. The Delegation welcomed the fact that all the independent constitutional bodies
provided for in the Constitution to complement the action of the legislative, executive
and judicial branches of government had been set up or were in the process of being
established, with the exception of the Constitutional Court, the establishment of which
was still uncertain and was a matter of concern.
44. It noted with satisfaction that the bodies provided for in the Constitution have various
objectives, the main one being to work towards strengthening democracy with the
support of all State institutions (Article. 125). There is no provision excluding the
security sector from their scope of action. These bodies must be consulted on any draft
law relating to their respective areas of competence. They include the following:
45. The Human Rights Forum3 , which is responsible for monitoring respect for human
rights and working to strengthen them. To this end, it may make proposals for the
3 Pursuant to Article 128 established by Organic Law No. 2018-51 of 29 October 2018, on the Human Rights Forum
13
development of the human rights system and investigate violations with a view to
resolving them or transferring them to the competent authorities. However, the
Constitution does not specify how the Forum can compel third parties to cooperate with
it in its investigations, or whether or how it is supposed to implement its findings.
46. The Audiovisual Communication Authority is responsible for the regulation and
development of the audiovisual communication sector. It must guarantee freedom of
expression and information, as well as plural and honest information. It has regulatory
powers in its sphere of competence.
47. The Good Governance and Anti-Corruption Authority4 monitors the implementation of
these policies and promotes the principles of good governance, including
transparency, integrity and accountability. Its powers include investigating cases of
corruption in the public and private sectors and submitting the findings of its
investigations to the competent authorities. In an advisory capacity, it can issue
opinions on draft general regulations relating to its area of competence.
48. The Truth and Dignity Commission, established by the above-mentioned Organic Law,
is responsible for carrying out this process in accordance with the law. Its four-year
mandate covers the investigation and redress of human rights abuses committed
between July 1955 and December 2013. The work of the Truth and Dignity
Commission began in January 2014.
49. Furthermore, there is the High Committee for Human Rights and Fundamental
Freedoms, which has existed since 1991 by presidential decree; it appoints its
members and was responsible for advising the President of the Republic. The 2008
law5 has transformed the Committee from an advisory body to the presidency into a
more or less autonomous institution with new prerogatives such as the right of selfreferral, to make unannounced visits to prisons and to submit reports to international
and regional human rights bodies. However, although the 2008 law respects the Paris
Principles and gives a new status……..
50. The Delegation welcomed this new arrangement with regard to the structures
dedicated to consolidating democracy and human rights. Indeed, in its exchanges with
the body in charge of the fight against corruption, it was informed about the efforts
made in this sector, however, out of more than 1,000 complaints received since 2016
by the anti-corruption body, in 2017 only 246 cases had been transmitted to the justice
system, many of which had not been successful. However, the will to carry out their
work is there. The Delegation noted, however, that the lack of human and financial
resources can be an obstacle to the implementation of this mandate.
C. Economic, social and cultural rights
1) Unemployment and poverty
51. The Delegation noted that the economic transition was still pending and that this
constituted an impediment to the cultural transition which was also necessary and
essential. The delegation was informed that Tunisia was going to adopt a legal reform
4 Established by Article 130
5
Law No. 2008-37 of 16 June 2008 on the High Committee on Human Rights and Fundamental Freedoms.
14
concerning poverty with a view to providing better care. This reform should be
associated with the updating of the poverty management, which is already 50%
complete.
52. With regard to social security, the Delegation was informed that it covered almost 91%
of the population and that there was also a pension fund. The Delegation was informed
that there were two social security funds, one public and the other for the informal
sector. However, there was a deficit in the social security fund, as the system was
based on joint participation with the ageing of the population and this system was
becoming difficult to maintain.
53. The Delegation was pleased to learn of the existence of an agreement with the Ministry
of Women's Affairs for the empowerment of rural women and their organization for
access to the social security fund (50,000 to 60,000 women were concerned at that
time), the target being to reach 500,000). Furthermore, the delegation was informed
that the State was taking charge of all needy families to the tune of 90 dinars, providing
free access to health care and schooling for three children per family.
2) Right to Education
54. The Delegation was pleased to learn that the education system was very efficient and
allowed for social advancement and that there was a gap between education and the
labour market. Schooling was compulsory. Before 2011, there had been massive
enrolment at the expense of quality, which created a problem in terms of the quality
requirements of education. This was concealed by the presence of pilot colleges and
high schools. While in reality, there has been a real decline in the quality of education
(mass education, introduction of Arabic).
55. The general amnesty has allowed many inexperienced people into the education
system. Private education is no longer so controlled and has become a business. This
has considerably lowered the standard of education. This is the consequence of the
trade unions focusing more on the rights of workers to the detriment of those of the
students. Thus, there was no appraisal up to the BAC, there are no Brevet or BEPC
examinations. The year 2017 was particularly disastrous regarding the BAC results
because measures had been taken to end the complacency.
56. The Delegation was informed that the Ministry had planned to establish a better
framework for private lessons by revising the law to allow inspectors to carry out checks
in this sector. Moreover, stricter specifications are to be put in place, with the Ministry
approving the programme, in order to reorganise the private sector, and it is projected
that public teachers will be prohibited from working in the private sector at the same
time.
57. One of the greatest challenges is the integration of new technologies in education, and
the Delegation was informed that this had already begun at the primary level and was
gradually being introduced at other levels of education. The ultimate goal is to reduce
the use of books through digitization.
58. Thus, the remote registration of students has been a great success, 96% was done
through this method and 600,000 students received their schedule via the Internet
and it was extended to all secondary schools in 2010 and it will be spread out to the
15
entire system. The Delegation was pleased to learn of the creation of a group of school
psychologists who support children and families of children with special needs.
Furthermore, instructions had been given by the Ministry so that refugee children, even
those without any identity papers, could enter the school system without
discrimination.
59. A programme called "second chance school" for children who have dropped out of
school has also been put in place. It is a space for life, culture, sport and vocational
training, with a view to enabling children to gradually return to school or to move
towards vocational training. To this end, a project for the construction of 4 schools has
been planned, the first school of this kind should be operational by 2019.
60. Challenges persist, such as the need to review teacher training, the establishment of
initial teacher training by identifying at an early stage those who have the vocation in
order to provide them with the necessary support.
61. There has also been a reduction in the curriculum and school hours and a gradual shift
to the 5-day week, the existence of a national literacy programme and a special
programme for prisoners and for juveniles in rehabilitation centres; these are the main
challenges facing the education sector, since only……..
3) Right to Housing
62. The Delegation noted with satisfaction that the issue of housing was being addressed
by the Government through the Ministry of Social Affairs. Through the specific public
housing scheme, public action has helped to improve access to housing, particularly
for the poor. Thus, the Government had launched a large-scale operation to provide
30,000 public housing units over the two years 2012 and 2013 post-revolutionary era
and in response to the new demands of the people. This operation reflected the
commitment of the State as well as the awareness of the importance of the issue of
the housing scheme. However, the eligibility criteria for this housing tended to favour
middle class people rather than those who could not afford decent housing, which
undermined the objective of social housing, which is to provide affordable housing to
people with very low incomes.
63. The Delegation learned that the programme was financed from resources allocated to
the State budget, from amounts coming from the repayment of credit, and from any
other resources that could be allocated to it. It regretted that the implementation of
this programme remained dependent on aid and donations from various partners, in
particular international financial institutions and rich countries, thus the uncertainty
surrounding its sustainability. Furthermore, the Delegation was concerned that despite
these efforts, supply was still below demand.
64. The Delegation also noted that the question of social housing constituted a challenge
for the maintenance of social peace. Indeed, the various development policies adopted
have often favoured the solvent section while ignoring the demand of the non-solvent
sections of the population, and this has led to urban dysfunction in Tunisian cities.
Thus, the lack of social housing has brought about spontaneous proliferation of
makeshift housing, rising poverty and the heightening of socio-spatial segregation
phenomena. This has also brought about new challenges for urban planning.
16
4) Right to health and access to health care / HIV AIDS
65. In Tunisia, health is a human right and the Government has the obligation to provide
preventive and curative care; it also provides universal health coverage, particularly for
people on low incomes. The Delegation welcomed the efforts made to ensure access
to health care for all, guaranteed through a card that allows access to a hospital and
pharmacy. Indeed, the policy in force encouraged free care, especially for the
unemployed, older persons and the most deprived sections of the population. The
government has established priority areas, three of which benefit from a very
significant premium. Furthermore, 2/3 of health services are free and the remaining
1/3 are offered at reduced rates.
66. However, inequalities in the social determinants of health, such as poverty,
unemployment, illiteracy, substandard housing and lack of access to drinking water
and sanitation, pose major challenges to the effective implementation of the
Government’s health policy. Thus, despite the importance of territorial health care
provision, in several regions, people were faced with difficulties in finding a local health
care structure to deal with their health problems.
67. The Delegation was concerned about the issue of access to essential medicines, with
chronic shortages and stock-outs of medicines at all levels. The Delegation was also
concerned about the major shortcomings affecting the quality of care provided to
patients, particularly in the public service, and the high level of infection rates
associated with care. Additionally, there is over-medicalisation and unjustified medical
acts in the private sector, particularly when these are covered by health insurance.
68. The Delegation learned that the Ministry of Health had changed its name to include
the control of all health systems, including public and informal ones, in order to
regulate these abuses. Moreover, the budget devoted to health, which is only 7%, is far
from reaching the 15% recommended by the Abuja Declaration, and should be
strengthened in order to adequately meet the health needs of the population.
69. The delegation noted the efforts made to improve the administration of care to
prisoners, with plans to create better-equipped care units within the prison. It was also
informed that doctors were showing good ethical standards and respect for the right
to dignity by refusing, in particular, to treat patients in handcuffs or in the presence of
guards.
70. The delegation noted the existence of a national strategy to combat HIV/AIDS covering
the period from 2015 to 2018. In Tunisia, there were nearly 2,700 people living with
HIV/AIDS, including 156 new cases.
5) Labour rights
71. The Delegation learned that the Tunisian government was facing challenges in terms
of employment. In particular, the unemployment of young graduates from higher
education was a challenge. The activity rate and regional disparity was exacerbated by
the mismatch between supply and demand, precarious and vulnerable work. The
unemployment rate in 2018 was 15.4%, representing 15.3% of the labour force. About
17
12.4% of the unemployed were men and 22.6% were women.6 Unemployment affected
women more than men, and the most vulnerable age group was the youth aged
between 15 and 35.
72. The sectors that employed the most were services with 1,817,000 jobs, manufacturing
industries (636,000 jobs), non-manufacturing industries (519,100 jobs), agriculture
and fishing (513,200 jobs) and undeclared activities (6,600 jobs)7
73. The Delegation is concerned that women's economic participation remains very low.
Women still faced discrimination and obstacles when trying to enter the business
world. Nevertheless, there were positive developments as 2.8% of the female
population in employment were women entrepreneurs.
74. Thus, most of those without access to public employment and lacking the skills
required by the formal private sector had no choice but to engage in informal activity.
More than a third of the workforce worked without the security of a formal contract or
the prospect of a pension, partly because the social protection system and labour laws
favoured public sector employment. The sectors that employed the most were services
(all types) with 1817,000 jobs, manufacturing (636,000 jobs), non-manufacturing
(519,100 jobs), agriculture and fishing (513,200 jobs) and undeclared activities
(6,600)8 .
75. The Delegation was informed that most people who do not have access to public
employment and who do not have the skills required by the formal private sector have
no choice but to engage in informal work. More than a third of the workforce worked
without the security of a formal contract or the prospect of a pension, partly because
the social protection system and labour laws are much more conducive to public sector
employment than to private or informal employment.
76. The Delegation also noted that there were many challenges in terms of employment,
particularly with regard to youth unemployment, especially among graduates. The
activity rate and regional disparity were exacerbated by the mismatch between supply
and demand, precarious and vulnerable work. The unemployment rate in 2018 was
15.4%, representing 15.3% of the labour force. About 12.4% of the unemployed were
men and 22.6% were women.9 The unemployment rate was higher for women than for
men. The most vulnerable age group was the young people aged 15 to 35.
77. Although Tunisia has a good legislative framework regarding the organisation of work
(paid leave, sick leave, maternity leave, minimum age and protection of young workers,
minimum wage and sectoral regulations, as well as the prohibition of unfair labour
practices and the possibility of seeking redress in case of violation of the regulations
in force; and although equal pay for men and women is guaranteed by the 2014
Constitution and various legal and institutional reforms are under way, much remains
to be done to achieve the desired goal.
6 http://www.iace.tn/wp-content/uploads/2019/03/Rapport-National-sur-lEmploi-2018.pdf
7 http://www.iace.tn/wp-content/uploads/2019/03/Rapport-National-sur-lEmploi-2018.pdf
8 http://www.iace.tn/wp-content/uploads/2019/03/Rapport-National-sur-lEmploi-2018.pdf
9 http://www.iace.tn/wp-content/uploads/2019/03/Rapport-National-sur-lEmploi-2018.pdf
18
D. Access to information
78. The Delegation received information concerning the state of press freedom, which was
quite good with the existence of a project for the adoption of a Charter that defines the
rights and duties as well as the rules to be followed in the collection of information,
including the precautions to be taken. The establishment of the Independent High
Authority for Audiovisual Communication (HAICA) in 2013 has helped to reinforce this
state of affairs. During its exchanges with the members of this body, the latter insisted
on the importance of preserving the independence acquired and acknowledged that
the support of civil society was very important in this regard. Tunisia has a wide-range
of television channels and press groups, both private and public. There were 34 private
channels that had been launched just after the 2011 revolution.
79. During its meeting with the members of the journalists' union, the latter told the
delegation that they were working to have laws that would solidly guarantee freedom
of the press, because there are political actors who want to limit it, when it comes to
issues of corruption. They also indicated that the law enforcement unions were asking
for the adoption of a draft law that would include provisions that could criminalize
criticism of the security forces, including in cases of human rights violations.
80. There is also a problem of organization of audiovisual communication. The problems
of training journalists on the profession, on ethics and also on human rights were major
challenges.
81. According to Decree-Law No. 2011-115 of 2 November 2011, on freedom of the press,
printing and publishing; defamation was still penalized, with fines but no deprivation
of liberty. This should be changed in order to comply with the 2014 Constitution.
Concerning the right to information, the State should raise awareness on this issue and
change mind-sets regarding access to information. Indeed, despite the fact that Tunisia
has one of the best laws in the world in terms of access to information, its
implementation is controversial, especially with the resurgence of old practices, whose
abuses are regularly denounced by civil society. There have been attacks on
journalists, often by the police, especially during demonstrations. Complaints are
lodged but often go unheeded. The Delegation was informed that journalists' sources
were protected by a Decree but the anti-terrorist law introduced an exception.
82. The provisional bodies of the Press Council were preparing a Press Charter aimed at
self-regulation of the press (establishment of a Council of Ethics, a Press Council). The
Delegation learned that there was a crisis in the print media, particularly the private
press, which was being undermined by the advent of the audiovisual and electronic
press. Two State-owned newspapers, two private newspapers had been confiscated
and eight other private newspapers had been closed down.
E. Women's rights
83. The Delegation noted with satisfaction that Tunisia preserves a unique status for
women in the Arab world. Since independence, the political decision-maker has moved
towards more equality between men and women in education, health and access to
employment. Women have a literacy rate of 72%, and hold 36% of parliamentary seats.
19
Thus, the general situation of women's rights in Tunisia was quite satisfactory in
general, although much remained to be done.
84. The Delegation was particularly pleased to learn of the adoption of a law against
violence against women during 201710 . This has been translated into French, Arabic,
English and Braille, as 4 out of 5 blind women experience violence.
85. The Delegation also learned about mechanisms such as the Hotline, which was set up
to assist women victims of violence. The Hotline had recorded just over 40,000 calls
in one and a half years. Shelters and reception centres for women victims of violence
had also been set up, as well as training centres that also deal with the psychological
rehabilitation of couples and children.
86. The Delegation was informed of the signing of five protocols with different ministries
for the protection of women's rights, namely the Ministries of Justice, Health, Social
Affairs, Interior and Education. The Ministry of the Interior has created 128 centres
throughout the country to accommodate women in need. The Ministry of Social Affairs
is dealing with the problem of housing and reception. The law also provided for the
creation of an observatory on women's rights, but it was not yet in place because of
lack of resources. However, there was a unit within the Ministry of Women's Affairs that
plays that role pending its establishment.
87. The Delegation was informed that the year 2017 saw a turning point for rural women
with the adoption of a law on rural women's rights, it focuses on three main pillars, one
of which is social security. This project benefits 500,000 rural women. The
improvement of transport for rural women for their safety, access to education, as well
as an action plan for the implementation of this law. There has also been training of
rural women and establishment of a specific line of credit by the government to support
them. The State has strengthened women's empowerment through credit systems, and
3,000 women have already benefited from these credits.
88. A Peace Council has been established and it is chaired by the Head of Government
with the Minister for Women as Vice-Chairperson and it includes other ministries and
ministers and Secretaries-general. A national strategy has been established for gender
equality as a means of ensuring parity. For this reason, an award has been introduced
to encourage parity in decision-making bodies. An action plan for the implementation
of UN Resolution 1325 was also adopted.
89. The Ministry of Women's Affairs has worked closely with the Ministry of Education to
establish an action plan for the implementation of the Convention on sexual violence
against children. Other actions are being carried out with the Ministry of Religious
Affairs. The care of single mothers and fathers, particularly with regard to
discrimination against single mothers, and a change in the lexicon, which has many
prejudices.
90. With regard to older persons, there were 12 accommodation centres for the elderly.
Tunisia was the first country in the world to have adopted a code for the protection of
older persons, and the Ministry of the Interior has created 128 centres throughout the
10 Organic Law No. 2017-58 of 11 August 2017, on the elimination of violence against women.
20
country to accommodate elderly women in need and another for the protection of
children.
F. Rights of persons with disabilities
91. The Delegation was informed that the fundamental rights of people with disabilities are
not fully respected in terms of their participation in public life, access to services and
respect of their rights. People with disabilities do not always have the opportunity to
lead an emotional life, to enjoy an accomplished sexual life, to start a family, to have
access to quality education and to decent employment, because there are still too
many barriers, particularly concerning the societal view of disability.
92. The Delegation was informed that there are 336 integrated schools with 1,496 pupils
with disabilities (ESH) and more than 200 preparatory classes for ESH in schools, and
40 secondary schools for children with disabilities with 170 pupils enrolled. However,
a large number of children with disabilities continue to be excluded from the school
system or do not enjoy an adapted educational system consistent with their needs.
This has a definite impact on the development of these children and on those growing
into adulthood. Indeed, by not receiving the same opportunities to access school, these
children cannot fully enjoy their rights, lead a balanced life and play an important role
in society. Education is the gateway to full participation in society. It is particularly
important for children with disabilities who often suffer from social exclusion and
increased exposure to the risk of poverty, a situation that that is likely to continue into
adulthood.
93. Political participation by persons with disabilities remains low, although in the elections
of 23 October 2011, despite many shortcomings and difficulties, some were able to
exercise their right to vote freely.
94. The Delegation also noted that Tunisia has a law on the rights of persons with
disabilities11 which provides for various measures of affirmative action, aimed at
promoting the recruitment of persons with disabilities. Under the terms of this law, at
least 1 per cent of annual recruitments into the civil service must be given as a matter
of priority to candidates from among persons with disabilities who meet the required
conditions and have the skills to perform the work requested. The same law also requires
any public or private company with 100 or more employees to reserve 1% of the jobs for
persons with disabilities; this obligation is accompanied by exemptions from social
contributions.
95. Moreover, since the 1970s, the vision and approach to disability have changed, rights
have been obtained, the quality of services provided has improved, thanks to the
advocacy of people with disabilities who have organised themselves and engaged in
lobbying with international organisations (UN, WHO), which has enabled them to be
systematically consulted when legislation is discussed.
G. Asylum seekers and Migrants
11 Framework Law No. 2005-83 provides for a series of affirmative action measures aimed at promoting the
recruitment of persons with disabilities.
21
96. The Delegation was informed that the protection of the rights of foreign migrants and
asylum-seekers is one of the strategic objectives of migration management included
in the National Immigration Strategy 2016-2020. However, there was no definition of
the concept of "migrant" in Tunisian law, which did not recognize the legal status of
migrants and did not specifically provide for the protection of migrants' rights. The
absence of the right to asylum is also a problem, as Tunisia's ratification of the Geneva
Convention on Asylum (1951) has not been followed by its incorporation into domestic
law. The right to asylum is therefore not recognized either in the legislation or in the
practice of the Tunisian State.
97. The Delegation noted the restrictions contained in the labour legislation which is very
unfavourable to the employment of foreigners because it does not provide for clear
measures for the protection of migrant workers, especially domestic workers, who
often find themselves in situations of unbearable vulnerability without any means of
redress.
98. The Delegation expressed its concern about the exponential increase in the number of
migrants in Tunisia, in an economic environment that was struggling to stabilize, and
the lack of preparation of the Tunisian Government to deal with this influx of foreigners
on its territory. Indeed, the January 2011 revolution and regional upheavals,
particularly the situation in Libya, have had a considerable impact on Tunisia's
migration profile. From being a country of origin, Tunisia has become a transit country
and recipient of migrant labour and migrants either in transit to Europe or wishing to
settle in Tunisia.
99. It was therefore imperative for the Government to adapt its national legislation so that
it responds satisfactorily to the new challenges of protecting migrants and asylumseekers. Thus, in addition to the general protection of migrants, the protection of
migrant workers was more than necessary to overcome the precariousness and
vulnerability in which they lived and to counter the many abusive practices of recruiters.
100. The Delegation also noted with satisfaction the existence of legislation on the issue
of identifying the mortal remains of missing migrants which, even if not implemented,
deserves to exist. It should be noted, however, that some cities respect the legislation
and bury the dead in a decent manner and even in Muslim cemeteries.
V.
RECOMMENDATIONS
101. The above-mentioned concerns are an indication that Tunisia continues to face a
number of challenges in the promotion and protection of human rights in the country.
These recommendations take into account the fact that, as a State party to the African
Charter and other international human rights instruments, Tunisia has the obligation
to respect and implement these instruments. It is on this basis that these
recommendations are made, also taking into consideration some of the commitments
made by various stakeholders during the mission.
102. In the light of the delegation's findings, the Commission urges the Tunisian
Government to adopt the following recommendations to ensure the promotion and
protection of human rights:
22
A. Overview
•
•
•
Restructure and improve its capacity to implement its laws and policies, in
particular by strengthening accountability and governance measures, including
tackling widespread corruption;
Undertake comprehensive legislative reform to harmonise laws establishing
divergent standards, creating uncertainty and impeding the enjoyment of human
rights;
Ratify and domesticate treaties that may improve the enjoyment of human rights,
including the African Charter on Democracy, Elections and Governance, the African
Charter on the Rights and Welfare of the Child, the African Union Convention for
the Protection and Assistance of Internally Displaced Persons in Africa (Kampala
Convention), the Protocol to the Treaty Establishing the African Economic
Community, the Protocol to the African Charter on Human and Peoples' Rights on
the Rights of Persons with Disabilities in Africa, the Second Optional Protocol to
the International Covenant on Civil and Political Rights aiming at the abolition of
the death penalty, and the International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families
B. Administration of Justice and Correctional Services
•
•
•
•
•
•
•
Address the challenges associated with the administration of justice in order to
address them effectively;
Deal with the problem of prison overcrowding by reducing pre-trial detention
periods and building more facilities, where necessary;
Ensure that the types and scope of alternatives to criminal prosecution are
extended to offences that do not harm the public interest;
Establish alternatives to pre-trial detention such as bail or electronic surveillance;
Implement measures, both in the area of material and human resources, to reduce
the length of the criminal trial and in particular the waiting time before judgment;
Take concrete measures to implement the recommendations of the Truth
Commission and ensure the protection of victims and witnesses;
Expedite the adoption by the Council of Ministers of the new Criminal Procedure
Code as drafted by the Criminal Procedure Code Review Commission set up by the
Ministry of Justice in 2014.
C. Institutions for the Promotion and Protection of Human Rights
•
•
Ensure that all the institutions created by the Constitution, including the
Constitutional Court, are actually established and provided with sufficient financial
and human resources and the full cooperation of the Government to fulfil their
mandates;
Take the necessary measures to strengthen the High Committee on Human Rights
and Fundamental Freedoms, ensuring that it is aligned with the Paris Principles
and becomes an effective national human rights institution;
D. Socio-economic rights
•
Continue efforts to empower rural women and expand support programmes to
23
•
•
•
•
•
•
•
•
•
•
•
•
other sectors of activity;
Improve strategies for youth employment, skills development and develop
sustainable strategies to promote access to higher education for all those who
qualify;
Launch a multi-sectoral process involving the relevant public sectors, businesses,
entrepreneurs, local authorities and development actors for a comprehensive and
targeted implementation of existing policies and measures to combat
unemployment and inequality in Tunisia;
Harmonise the training provided and the needs of the labour market with the
constantly evolving technologies;
Continue the reforms undertaken to raise the standard of education, including
stricter control of private schools and the continuation of the second chance
school experiment;
Strengthen the initial training for trainers to prepare them for the teaching
profession;
Address the gap in access to housing by ensuring that people have access to lowcost housing, especially vulnerable groups such as older persons, people with
disabilities and children;
Take the necessary measures to comply with the requirements of the Abuja
Declaration that at least 15% of the national budget be devoted to health;
Ensure the effective implementation of the provisions of the Older Persons’ Code.
Take urgent action and adopt a multi-sectoral approach to bridge the gap between
the country's labour standards and the reality of the majority of South African
workers;
Strengthen the capacity of relevant agencies to ensure effective supervision and
enforcement of applicable labour standards;
Take targeted measures to promote the working conditions of migrant workers,
including by providing them with protection once they are in renewed employment;
Require employers to give them proper contracts
E. Access to information
•
•
•
Protect freedom of expression and access to information by ensuring that laws
adopted in this area comply with established international and regional standards,
including the African Commission on Human and Peoples' Rights' Declaration of
Principles on Freedom of Expression and Access to Information in Africa 2019;
Continue to train journalists in conjunction with the Union of Journalists and the
Independent High Authority for Audiovisual Communication on the rights, duties
and respect of ethical standards;
Strengthen the protection of journalists, particularly against reprisals by law
enforcement officials.
F. Women's rights
•
Engage women and other groups working on gender equality and justice in Tunisia,
including by holding regular gender summits, and developing a comprehensive
national strategy to address the social, cultural and economic dimensions of
sexual, gender-based and domestic violence and to ensure effective assistance
and redress for those affected by this phenomenon;
24
•
•
Ensure that the national budget is disaggregated by gender and that services for
women, particularly those affected by sexual, gender-based and domestic
violence, are adequately funded, including one-stop gender-based violence
centres, sexual offences courts and women's shelters;
Adopt a quota law on the representation of women in politics;
G. Rights of persons with disabilities
•
•
•
•
•
•
Allocate adequate resources to programmes aimed at the inclusion of persons
with disabilities;
Ensure that all public places are equipped to improve the comfort of persons with
disabilities and are accessible to them;
Ensure the inclusion of people with disabilities in decision-making processes;
Strengthen the protection of women with disabilities against violence through
public awareness campaigns;
Establish empowerment programmes for people with disabilities, especially
women with disabilities.
Raise awareness of the rights of people with disabilities, including the need for
greater inclusion in education as well as in access to public buildings, transport
and adapted housing;
H. Asylum seekers and migrants
•
•
•
Develop strategies and policies on the issue of migrants.
Adopt a law on asylum;
Review the legislation on migrant labour to provide a better framework and
protection.
25
ANNEXES
ANNEX I: List of people the delegation met at the various meetings
Monday, September 17, 2018
• Meeting at the African Union Office in Tunis
• Administrative Mediator
Tuesday 18 September 2020
• Meeting at the Ministry of Religious Affairs
• Meeting with the Minister for Women’s Affairs
• Courtesy visit to the Ministry of Foreign Affairs
• Meeting with the UN Delegation -UNDP
Wednesday 19 September 2020
• Meeting with the Chairman of the High Committee on Human Rights and
Fundamental Freedoms
• Meeting with the Red Cross Delegation
• Meeting with the Tunisian League for Human Rights
• Meeting with the Minister of Social Affairs
• Working session with the African Union Bureau Component on Libya
• Meeting with the Union of Journalists
Thursday 20 September 2020
• Meeting with members of the Anti-Corruption Agency
• Meeting with the Committee on Rights and Freedoms and External Relations of the
National Assembly
• Meeting with the Head of Cabinet of the Ministry responsible for relations with
constitutional bodies, civil society and human rights organizations
• Meeting with the Minister of Health
• Meeting with the Minister of Education
Friday, September 21, 2020
• High Media and Broadcasting Authority (HAICA)
• Ministry of the Interior
• Meeting with the President of the National Assembly
• Meeting with United Nations Agencies (OHCHR, IOM, UNHCR, UNFPA)
• Meeting at the Ministry of Justice
Saturday 22nd September 2020
• National Task Force to Combat Trafficking in Persons
• Meeting with Civil Society
• Press Conference
26
ANNEX II: Mission Programme
PROGRAMME OF THE PROMOTION MISSION TO TUNISIA
17-22 SEPTEMBER, 2018
Monday
17 September 2018
11:00 a.m. - 12:00
p.m.
Meeting with the
Special
Representative and
Head of the African
Union Liaison Office in
Libya
14:00-15:00
Mediator
Administrative
Tuesday
September 18, 2018
9:00-10:00 am
Ministry of Religious
Affairs
Wednesday
19 September 2018
9:00-9:45 a.m.
Chairman of the High
Committee on Human Rights
and Fundamental Freedoms
Thursday
20 September 2018
9:00-10:00 am
Fight against corruption
Friday
21 September 2018
9:00-10:00 am
High Media and
Broadcasting Authority
(HAICA)
Saturday
22 September 2018
9:00-10:00 am
National Task Force
to Combat
Trafficking in
Persons
10:00-11:00 am
Minister for Women’s
Affairs
10:00-11:00 am
Red Cross Delegation
10h00
Ministry of the Interior
10:00-11:30 a.m.
Meeting with Civil
Society
11:00 a.m. - 12:00
p.m.
Ministry of Foreign
Affairs
11:30 a.m. - 12:30 p.m.
Tunisian League for Human
Rights
13h00
Meeting with the
President of the
National Assembly
11:30 a.m.-12:00
p.m.
Press Conference
15:00-17:00
United Nations
Delegation UNDP
1:30-2:30 pm
Minister for Social Affairs
11:00-12:00 Committee on
Rights and Freedoms and
External Relations of the
National Assembly
14:00-15:00
Head of Cabinet Ministry in
charge of relations with
constitutional bodies, civil
society and human rights
organizations
16:00-17:00
Minister of Health
15h 30
Office of the African Union
Libya Component
17h00
Union of Journalists
17h30
Minister of Education
28
15:00-16:00
United Nations System
Meeting
17h00
Meeting with the
Ministry of Justice