respect, law n° 69-4 of 24th January 1969 relative to the regulation of public
meetings, processions, march pasts, demonstrations and gathering of crowds,
stipulates, in its Article 1, that public meetings are free. They can take place
without authorization being sought beforehand. Nonetheless, there are certain
formalities to be respected. In effect, a declaration should be made beforehand.
Likewise, each assembly should have a bureau responsible for maintaining law
and order and of preventing any breaches of the law. Thus, the Political Parties
and Associations hold their meetings, organize their Congresses and coordinate
their demonstrations within the framework of the law and in a legitimate manner.
219. The competent Authorities can prohibit by Decree, in conformity with the
spirit of Article 11 of the Charter mentioned above, any meeting likely to disturb
the security and public law and order. This Decree can be appealed against on
the grounds of abuse of power before the administrative Tribunal.
220. In Tunisia, the exercise of the Right of Assembly, as stipulated in Article 11
of the Charter, can only be subjected to « the necessary restrictions decreed by
the laws and regulations, notably in the interest of national security, the safety of
others, health, moral or the rights and liberties of individuals ».
ARTICLE 12
The Freedom of Movement and of Residence
and the Protection of Foreigners
221. Article 12 of the Charter stipulates that « every individual shall have the
right to freedom of movement and residence within the borders of a State
provided he abides by the law » (paragraph 1), that « every individual shall have
the right to leave any country, including his own, and to return to his country » ,
that this « right may only be subject to restrictions » provided for by law
(paragraph 2), that « every individual shall have the right, when persecuted, to
seek and obtain asylum in other countries, in accordance with the law of those
countries and international conventions » (paragraph 3), that « a foreigner
legally admitted in the territory of a State Party to the present Charter may only
be expelled from it by virtue of a decision taken in accordance with the law »
(paragraph 4).
222. These proclaimed rights are sanctioned by the Tunisia Constitution whose
Article 10 stipulates that « every citizen has the right to free movement within
the territory, to leave it and to establish his residence within the limits provided
for by law ». Article 11 adds that « no citizen can be banned from the national
territory nor prevented from returning to it ».
223. The freedom of movement within the country is not subject to any formality.
The only restrictions follow from the requirements of penal action (detention,
administrative monitoring…).
224. Regarding the freedom of leaving the national territory and returning to it, it
is regulated by law n° 75-40 of the 14th May 1975 relative to Passports and
travel documents. Article 34 of this law stipulates that in order to leave Tunisian
territory, the travellers are required to use the border posts reserved for this
purpose. Article 1 requires that all Tunisian nationals, desiring to travel abroad,
be equipped with a national travel document. There are two types of travel
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