incitement to hatred among the races, to all those who may have propagated
opinions based on racial segregation and religious fundamentalism.
202. Article 57 has, in addition, instituted the condition of establishing the truth of
libellous fact issued against public authorities, physical or moral persons. This
measure reinforces the objectivity of the profession of the press through the
application of the ethical rules of the profession in order to protect the
fundamental rights of all public or private persons. That constitutes a
manifestation of the balance that the Tunisian legislator wishes to establish
between human rights and the moral and legal responsibility of the information
activists.
ARTICLE 10
The Freedom of Association
203. Article 10 of the Charter stipulates that « every individual shall have the right
to freely associate with others, provided that he abides by the law » The freedom
of founding Associations, Political Parties included, and becoming a member
thereof is considered in Tunisia as a fundamental condition for the exercise of the
civil and political rights recognized for individuals and groups.
I- Protection of the Freedom of Association
204. The freedom of forming Associations and Political Parties is exercised in
conformity with the provisions of the Tunisian Constitution and of the law in force.
205. Organic law n° 88-90 of the 2nd August 1988 amendng the law n° 59-154 of
7th November relative to Associations, simplified the procedures for the
constitution of these Associations. It substituted the system of declaration for a
system of prior authorization and considered that the Association is legally
constituted after a time limit of 3 months from the date of presentation of the
declaration to the competent authorities.
206. Organic law n° 92-25 of the 2nd April 1992 completing the law n° 59-154 of
the 7th November 1959 relative to the Associations is aimed at extending the
exercise of democracy and to ensure the participation of the greatest number of
citizens possible in associative activities. It also endeavours to ensure the
neutrality of the Associations of a general nature, with respect to political action,
to enable them carry out their functions far from all the stray impulses of political
exploitation.
207. The above mentioned amendment put an end to certain discriminatory
practices by guaranteeing the right to each individual, whose request for
membership to an Association had been dismissed, to institute legal proceedings
if he is convinced that he is the object of unjustified discrimination on the part of
the Association concerned. In effect, the law makes provision prohibiting the
rejection by general Associations of a request for membership from an individual
who subscribes to their principles and decisions, except where he is
dispossessed of his political and civil rights, or if he has activities and practices
which are antinomic with the objectives of the Association. Thus, the first Article
of the organic law n° 92-25 of the 2nd April 1992 completing the law n° 59-154 of
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