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 49

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