116. Within the context of the protection of human life, Tunisia hosted in October
1995, an international scientific seminar on « the death penalty in international
law and in international legislations ». On this occasion, the « Secretary General
of the International Federation of Citizens and Parliamentarians for the abolition
of the death penalty » expressed his strong gratitude to the Tunisian Government
for the organization of this seminar at which numerous researchers, international
experts, parliamentarians and representatives of non-governmental organizations
participated.
117. In the same vein, the Report of the United Nations Secretary General
(E/CN.4/2006/83) on the deliberations of the 62nd Session of the Human Rights
Commission, considers Tunisia as a country which is « de facto abolitionist »
considering that the last execution of a judgment relating to the death penalty
dates back to 9th October 1991. Therefore, it should be recalled that this Report
defines a country which has not recorded any execution for at least 10 years as
being « de facto abolitionist »
ARTICLE 5
The Right to respect for Dignity, the prohibition of Slavery, of
Slave Trade and Torture
118. Article 5 of the Charter stipulates that « every individual shall have the right
to the respect of the dignity inherent in a human being » and that « all forms of
exploitation and degradation of man, particularly slavery, slave trade, torture,
physical or moral torture, and cruel, inhuman or degrading punishment and
treatment shall be prohibited ».
119. All the phenomena of economic, sexual and criminal exploitation which can
be considered as new forms of slavery such as forced prostitution, forced labour,
forced displacement, compulsory participation in armed conflicts or any other
form of enslavement, are strictly prohibited and non-existent in Tunisia.
120. If the Constitution of the Republic of Tunisia has not mentioned special
provisions concerning slavery and related practices, and has only underscored in
its preamble the attachment of the constituents « to human values which
constitute the common heritage of peoples who attach much value to the dignity
of man, to justice and to liberty and who work for peace, progress and the free
cooperation of nations », it is because Tunisia has been among the first States to
have prohibited slavery. Tunisia, in effect, instituted the prohibition of slavery
since the 19th century and this was done under the terms of the Decree of 23rd
January 1846 which provided for criminal sanctions against any individual who
reduced another to slavery.
121. In 1966 Tunisia adhered to the Convention on Slavery signed on the 25th
September 1926 and amended by the Protocol of 7th December 1953 and to the
Additional Convention of 7th September 1956 on the abolition of slavery, of the
slave trade and related institutions and practices (law n° 66-32 of 3rd May 1966).
Tunisia also ratified the International Labour Convention n° 29 pertaining to
forced or compulsory labour of 10th June 1930, in 1962 (law n° 62-51 of 23rd
November 1962) and the International Labour Convention n° 105 pertaining to the
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