General Introduction
1. The present Report gives an account of the principal legislative and practical
measures adopted by Tunisia during the period 1995-2006 to strengthen the
implementation of the African Charter on Human and Peoples’ Rights. The
Tunisian Government is pleased with this opportunity which enables it to outline
its global and integrated Human Rights approach.
2. Using as basis the national reformist cultural heritage to enrich the rights of the
individual and the definition of his rights and making reference to the international
human rights instruments, President Zine El Abibidine Ben Ali has consistently
initiated a vision of Human Rights which takes into account the dialectic link
existing between the protection and promotion of these rights in their entirety,
complementarity and interdependence.
3. This global approach to Human Rights stems from the conviction that there can
be no effective democracy without human development, nor can there be
development without democracy, the one being a corollary of the other. This
notion of the globality, indivisibility and complementarity of human rights is
inscribed in the Constitution of the Tunisian Republic as had been modified by the
Constitutional Law n° 2002-51 of 1st June 2002, bringing substantial reform to the
fundamental law of the State.
4. This dialectic, without excluding the functional specificities existing between the
various human rights categories involves, in the context of the period covered by
the present Report (1995-2006), the preparation and the putting into practice of
social democracy by means of national programmes in the sectors of education,
training, health, shelter, employment, the family and of political democracy
through the consolidation of the right to participation, of the strengthening of civil
society and the Rule of Law. This approach generates an impetus and a
dynamism for the promotion of civil, political, economic, social and cultural rights.
5. The dispassionate and progressive approach adopted by Tunisia in the area of
protection and promotion of human rights takes its impetus from the political
conviction that fundamental reforms constitute a process whose aim is to vitalize
the bases of a progressive political life offering the maximum of possibilities for
participation to the different actors of an organized political life and of a society
which is just, well-stable and interdependent.
6. The development of the democratic process has required the progressive
entrenchment of political pluralism in the mentalities and behaviour and in the
institutions and components of civil society. This dynamism stems from the choice
of a national and sovereign policy aimed at enabling the Tunisians to benefit daily
from the advantages of a local, responsible and transparent democracy, and to
collectively lay the foundations of a system of good governance based both on
equality, on the ethics of responsibility, and on the independence and primacy of
the law.
7. The Rule of Law, a fundamental concept in the construction of modernity, is
crystallized in the Tunisian context by the equality of all before the law and
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