228. It is to be pointed out that any foreigner involved or convicted in relation to
human trafficking shall be, according to the said law, compulsorily expelled from
Tunisian territory as soon as he has served his sentence and will be banned from
entering Tunisian territory for ten years if the sentence pronounced relates to an
offense, and for ever if the sentence relates to a crime.
229. Tunisian law allows the issue of travel documents to foreigners. The travel
documents which can be issued to foreigners are laissez-passers category B,
laissez-passers category C and laissez-passers category D.
The laissez-passer category B is eatablished for the benefit of foreigners who
need to leave Tunisian territory but do not have travel documents issued by the
Authorities of their respective countries.
The laissez-passer category C is issued to foreigners who have refugee status
in Tunisia and this in application of the Geneva Convention on the situation of
refugees which entered into force on the 22nd April 1954 and which had been
ratified by Tunisia on the 9th May 1969 (law n° 27-1969). The validity of this
document is one to two years. It can only be renewed or its validity extended for
refugees who reside with regular status in Tunisia.
The laissez-passer category D can be issued to foreigners who have the status
of stateless persons in application of the conventions in force and notably those
relative to the situation of stateless persons, which entered into force on the 6th
June 1960 and were ratified by Tunisia in June 1955 (Decree of the 2nd June
1955). The competent Authorities can, at the time of request for issue or of
renewal of a travel document of the categories B or C, refuse to issue or to
extend the validity of such a document, should they feel that the movements of
the person making the request are in violation of public law and order. The
decisions of these authorities can be subjected to appeal for abuse of power
before the administrative tribunal.
ARTICLE 13
Participation in public affairs
230. Article 13 of the Charter stipulates that « every citizen shall have the right to
participate freely in the Government of his country, either directly, or through
freely chosen representatives in accordance with the provisions of the law ».
231. The Constitution of the Tunisian Republic stipulates that « the sovereignty
belongs to the Tunisian people who exercise it in conformity with the
Constitution » (Article 3), and that « the people exercise legislative power through
the intermediary of a representative Assembly known as the «Deputies’
Chamber» and the « Councillors’ Chamber » (Article 18).
I- Participative Democracy
A) Multiparty Democracy
232. The internal anchorage point of the ideas of participation and pluralism can
be found in both the « Historic Declaration of the 7th November 1987 » reaffirming
that the « people is worthy of a developed and institutionalized political life,
genuinely based on the multi party system and on the plurality of mass
organizations » and in the law n° 88-32 of 3rd May 1988 relative to the
organization of Political Parties. The establishment of pluralism thus becomes
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