The 41st Session of Universal Periodic Review
7th November – 18th November 2022
Tunisia Review - 4th Cycle
8th November 2022
By Rute Belachew / GICJ
Executive Summary
Tunisia was examined in the Human Rights Council's Universal Periodic Review (UPR) 41st session on November 8th, 2022. During this meeting, states submitted recommendations in order to improve the human rights situation in Tunisia. States are also able to constructively discuss their advancements, suggestions, and the assistance they will require to accomplish their development objectives. Tunisia has accepted past reviews such as the 2017 UPR recommendation to create a Constitutional Court that is independent and operational.
Geneva International Centre for Justice (GICJ) welcomes Tunisia's achievements as part of their fourth periodic review to guarantee the country's compliance with human rights. We implore Tunisia to continue striving towards gender equality, to end discrimination towards women and the LGBTQIA+ community, to safeguard everyone's fundamental rights to freedom of expression.
Background
After receiving fewer than 50 percent of the 109 seats available in the 2019 Tunisian parliamentary elections, the self-described Islamic democratic political party Ennahda Movement's parliament was split. The coalition administration fell apart in July of that same year, sparking intense anti-government protests. In response, President Saied suspended parliament for thirty days and relieved Prime Minister Mechichi of his position. President Saied subsequently named Najla Bouden as the new prime minister and formed a new government on September 29. Despite opposition criticism, the constitutional referendum President Saied had proposed was set for July 25 2022, and it was stated that the referendum's contents needed to be published by June 30.
National Report
The national report covers the country’s status from 2017 to July 2022 drafted by the National Commission for Coordination, with follow-ups to the recommendations on Human Rights. The report includes legislative and institutional measures taken by the Tunisian State in response to recommendations emerging from the previous Universal Periodic Review and from United Nations human rights mechanisms.
Compilation of UN Information and Summary of Stakeholders Information
The compilation of these documents was prepared by the UN pursuant to resolutions 5/1 and 16/21. The report offers recommendations for how Tunisia should address domestic human rights concerns. Organisations that voiced concerns about the treatment of international migrant workers, violence against women and domestic violence, as well as children's rights, offered recommendations. The International Covenant on Civil and Political Rights' Second Optional Protocol, which seeks to abolish the death sentence, was recommended for ratification by Tunisia by the Human Rights Committee and OHCHR. The Optional Protocol to the International Covenant on Economic, Social, and Cultural Rights was suggested for ratification by Tunisia by the Independent Expert on the Effects of Foreign Debt and Other Related International Financial Obligations of States on the Full Enjoyment of All Human Rights.The country team and OHCHR expressed that the UN High Commissioner for Human Rights visit to Tunisia in June 2019 provided the chance to reaffirm the UN system's dedication to human rights, maintain a strategic conversation with the government, and increase assistance for civil society. The OHCHR noted that Tunisia established the Constitutional Court while applauding the work done from 2017 to 2021 to implement the Constitution. The Independent Expert on Foreign Debt, the Human Rights Committee, and the Special Rapporteur on freedom of peaceful assembly and association all issued comparable recommendations.
Interactive Dialogue
The Prime Minister of Tunisia presented the national report to the council. She noted that the UPR process provides an opportunity for Tunisia to cooperate with the Council and that their engagement with the mechanism is a sign of their dedication to constructive dialogue. Since their previous UPR, Tunisia has undergone major changes on its path to democracy, noticeably the organisation of municipality elections in 2018 and presidential elections in 2019. In December 2019, they set up a committee for ensuring the compatibility of human rights texts with international standards. The Commission made an inventory of all laws that required review to ensure they are aligned with the rights and freedoms in the Tunisian Constitution and the international human rights treaties. The new Constitution establishes a higher authority for education and seeks to strengthen the human rights protections.
The delegate of Sweden raised concerns about the continued use of military tribunals and violence towards minority groups. Sweden recommends an end to the practice of arraigning civilians before military tribunals. The representative called on Tunisia to amend or repeal Article 230 of the Criminal Code to end the criminalisation of same-sex sexual relations and take necessary measures to implement Law 2017-58 regarding the elimination of violence against women.
The delegate of the United States stated support for the Tunisian people as they work to build a democratic and prosperous future. She recommended that the Tunisian government establish a constitutional court with checks and balances, provide fair trials in courts, end the use of military courts, and repeal Decree Law 54 as it prosecutes people’s freedom of expression, speech and press. Lastly, the delegate called on the government to hold free and fair parliamentary elections this December.
The delegate of Australia began by commending Tunisia for the inclusion of the chapter on Rights and Freedoms in the constitution adopted in July 2022. Concerned with the decline of the human rights situation, Australia recommends that Tunisia formally abolish the death penalty with the view to ratifying the Second Optional Protocol to the International Convent on Civil and Political Rights. Additionally, Tunisia was encouraged to take action to fully enforce the convention's ban on all types of discrimination against women, including updating discriminatory laws that regulate inheritance, parental authority, and dowry payments. Lastly, Australia recommended that Tunisia remove Article 230, which defines a consensual same-sex relationship as a crime. Australia suggested that Tunisia enact legislation that prohibits discrimination on the basis of sexual orientation, gender identity, and intersex status.
The representative of the Tunisian Ministry of Health emphasised that medical examiners conduct their examinations with respect and in accordance with the law. It is assessed not by sexual orientation or gender identity, but rather by determining whether or not the victim has been subjected to sexual violence, particularly in the case of minors. Only sexual assault victims are subjected to this anal examination, which they have the option to accept or decline. In every instance, this is done under the direction of a public prosecutor's office. Victims will not be pressured into the examination and must sign an informed consent form to demonstrate their understanding. Finally, the representative noted that since 2017, only 3 cases of homosexuality have been prosecuted and they have not been subjected to such an examination.
The delegate of Denmark commended Tunisia for the adoption of its organic law (2017-58) that aims to eliminate violence against women. The delegate recommends that the state first ratify the International Labour Organization’s (ILO) Indigenous and Tribal Peoples Convention No. 169. Second, the representative recommends that the state submit the fourth report concerning the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment before 2023.
The delegate of Morocco recommended that Tunisia ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Second, efforts should be made to maintain regulating domestic work, reduce unemployment, and improve working conditions for women.
Position of Geneva International Centre for Justice
Geneva International Centre for Justice (GICJ) condemns the continued discrimination of women and girls and members of the LGBTQIA+ community. Further, we urge Tunisia to put an end to the prosecution of civilians, journalists, and human rights defenders. GICJ supports the recommendations provided by member states to rehabilitate the democracy of the country and provide further protection to the Tunisian people. We implore Tunisia to continue to implement laws that protect the fundamental rights of all people.
Tunisia, Universal Periodic Review, Human Rights, United Nations, Geneva4Justice, GICJ, Geneva International Centre for Justice, Justice, Womens' Rights
