documents: the Passports and the travel documents (Article 3). Every Tunisian national has the right to the issue, renewal and extension of a Passport subject to the restrictions determined by law (legal proceedings, minors or prohibited persons who cannot produce authorization from the legal representative except on a judicial ruling, or for reasons of public Order and security). It is important to recall that law n° 75-40 of the 14th May 1975 relative to Passports and travel documents had been amended by the organic law n° 98 77 of 2nd November 1998. This law gives the judicial authority exclusive competence to withdraw an ordinary Passport whilst still valid depending on the cases and modalities provided for by law. The provision relative to the restriction, issue or renewal of a Passport is not contradictory to the provisions of paragraph 2 of Article 12 of the Charter. It can be considered as being a measure for the protection, guarantee and respect of the said rights. 225. The condition of foreigners is governed by law n° 68-2 of 8th March 1968. The number of foreign nationals legally established in Tunisia is 46,402 of whom 22 are refugees. Tunisia ratified the Protocol relative to the status of refugees which entered into force on the 4th October 1967 and the OAU Convention governing the aspects relative to the problems of refugees in Africa. Article 17 of the Constitution prohibits the extradition of political refugees. The refugees authorized to live in Tunisia can obtain a residential permit and a type «C» travel document (law n° 75-40 of 14th May 1975 relative to Passports and travel documents). Regarding the possibility of employment, it has to be pointed out that the refugees enjoy a system favourable to them. In effect, the visa issued by the Ministry responsible for Employment is granted them immediately. 226. The freedom of movement of foreigners is limitless in Tunisia, but subject to the measures laid down by virtue of the law relating to expulsion. It is to be noted that from 2002 up to 2005 the expulsion had affected 1,282 foreigners residing in irregular status by virtue of the decisions made in accordance with the law. The Decree from the Ministry of the Interior regarding the expulsion of foreigners considered as an administrative act can be subjected to a petition for annulment on the grounds of abuse of power before the administrative tribunal, which can in fact rule on the stay of execution of this Decree pending examination of the appeal on the merits. It should be pointed out that the Minister of the Interior is the sole person empowered to sign the expulsion act. In this area, he cannot delegate this power, under pain of breaking the law. 227. For the purpose of guaranteeing the protection of individuals, of Tunisian citizens and foreigners, against all future trafficking of human beings, the new organic law n° 2004-6 of 3rd February 2004 has established heavy sanctions against those who may have informed, designed, facilitated, assisted or intervened or organized by some means or the other, even on a charitable basis, the illegal entry or exit of an individual from Tunisian territory by land, sea or air. These sanctions can range from three years of imprisonment and a fine of 8,000 Dinars to up to twenty years of imprisonment and a fine of 100,000 Dinars if death resulted from it. 50

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