through the constitutional proclamation of the State’s commitment to respect and
ensure respect for legality.
8. Tunisia consistently supports associative activities by guaranteeing, in
particular, the provision of the best of conditions for the activities of Tunisian,
foreign, regional and international NGOs based on its territory. All the legal
Organizations established in Tunisia carry out their activities without let or
hindrance. This direct presence of civil society allows the initiation of a certain
type of management of public affairs which maintains a stable democratic society
in which militancy cannot contravene the rules of the democratic game as defined
by the law in force.
9. The progress registered in this respect during the period 1995-2005, is
testimony of the important developments observed in the conditions of pluralist
democratic practice within the framework of the rule of law and of the
concretization of a generalized pace of development conducive to the guarantee
of decent living conditions for the citizenry.
10. Tunisia, while rejecting the pre-established models in the area of politics,
pursues its own efforts in guaranteeing to its citizens the full exercise of the rights
provided for by the African Charter on Human and Peoples’ Rights. Towards this
end, a series of laws were enacted and a set of mechanisms, instruments and
practical measures were put in place from 1995 aimed notably at consolidating
the rule of law and the political institutions, at the strengthening of intellectual and
political pluralism, the protection and promotion of human rights and the
consolidation of economic, social and cultural rights.
I- Consolidation of the Rule of Law and the Political Institutions
11. The Constitutional reforms (including notably those of 1997, 1998 and 2002)
have all contributed to the acceleration of the democratic process. The objective
is to consolidate the Rule of Law, to enhance the exercise of democracy, to
reinforce pluralism in the various fields of political participation, to strengthen
human rights and to broaden the area of individual and collective liberties. It is in
this manner that the Constitutional law n° 2002-51 of 1st June 2002 amending
certain provisions of the Constitution consolidated the bases of the rule of law and
of the institutions, enriched the normative arsenal through the values of solidarity,
mutual assistance and tolerance, through the institution of legal control
guaranteeing the respect for fundamental liberties and through the introduction of
guarantees for the protection of personal data.
In effect, this Constitutional amendment which affected almost half of the Articles
of the Constitution, introduced new provisions, including notably:
a) The solemn affirmation, in the body of the Constitution, that the Tunisian
Republic has the principles of the Rule of Law and of Pluralism, as basis;
b) The reference, in the body of the Constitution, to the modalities of the election
of President of the Republic through the organization of a second round and
through the determination of an age limit at the time of presentation of
candidatures;
c) The creation of a Chamber of Councillors to strengthen the legislative powers
through bicameralism intended to enhance pluralist participation and
representation;
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