between the rich countries and the poor nations, between the populations of the
North and those of the South. It is for this reason that Tunisia took the initiative of
calling for the convening, in 1998 of the World Summit on Information Society
sponsored by the United Nations and organized under its auspices.
28. On the 16th, 17th and 18th November 2005, the meeting of the second phase
of the World Summit on Information Society took place in Tunis. This meeting
culminated in two important documents entitled: « The Tunis Commitment » and
« The Tunis Diary ». The implications of these two documents are that much
more vital as the control of the information highways affects the nucleus of civil
and political rights: public information, freedom of expression, the secrets of
private life and the protection of personal data, individual liberties. They can
constitute a powerful vector of the right to human development just as they can
be tools for segregation and domination, of hegemony and hindrance to the
sovereignty of less endowed States.
IV- Consolidation of Civil and Political Rights
29. The measures and laws consolidating the mechanisms of man’s civil and
political rights have been succeeding each other at a growing pace since 1995.
30. Tunisia has ratified most of the international human rights instruments.
Although the international instruments, under the terms of Article 32 of the
Constitution, are at a higher level to the national laws and take effect immediately
on their official publication, Tunisia has harmonised its national legislation with the
international standards of the protection of human rights.
31. Tunisia has ratified notably the International Convention on Economic, Social
and Cultural Rights, the International Convention on the Elimination of all Forms
of Racial Discrimination, the Convention on the prevention and repression of the
crimes of genocide, the Convention on the indefeasibility of war crimes and
crimes against humanity, the Convention on the Elimination of all forms of
Discrimination Against Women, the Convention on the Rights of the Child. Tunisia
has also ratified the Convention against Torture and other penalties or cruel,
inhuman or degrading treatment, without any reservations. It has made
declarations on the basis of the Articles 21 and 22 of this Convention.
32. Within the framework of the consolidation of human rights, important laws had
been promulgated, including notably:
- The law n° 95-9 of 23rd January 1995, repealing rehabilitation labour and that of
civil service reinforcing the humanist policy which had already initiated the repeal
of forced labour;
- The law n° 95-92 of 9th November 1995, relative to the Child Protection Code
aimed at inculcating in the citizen, from an early age, the values of liberty, justice,
tolerance, solidarity, openness, of participation in public affairs;
- Organic law n° 98-77 of 2nd November 1998, amending the law n° 75-40 of 14th
May 1975 relative to Passports and Travel Documents sanctioning the freedom of
movement by granting the judiciary the right to examine all disputes between the
Public Service and the Public Servant pertaining to his right to leave Tunisian
territory and his right to return to it;
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