After the elections of 2004, the Report of the Elections Observatory had been
published in the media and placed at the disposal of the general public.
A national Observatory had been created during the muncipal elections of the
2005. Its report had also been made public.
III- Access to the leadership positions
A) The Public Service
266. All the citizens have the right to accede to public office. This principle finds
its consistency in Article 6 of the Tunisian Constitution which stipulates that « all
the citizens have the same responsibilities. They are equal before the law ».
Besides, Article 11 on the General Statutes of the staff of the Public Service
stipulates that « subject to the special provisions commissioned by the nature of
the functions, and which can be taken in this respect, there is no distinction in
terms of gender pertaining to the application of the present law ».
B) Political Participation
267. Participative democracy is translated into reality through the existence of
several Political Parties which contribute to the enrichment of the national political
life.
a) The Constitutional Democratic Alliance (RCD): the Majority Parity
Open to all the intellectual sensibilities of modernist allegiance, the RCD is, in
terms of membership, the country’s first political force. A Party of liberation and of
construction of the nation State, the « RCD » is currently the sole partisan political
force able to present candidates in all the constituencies of the country during the
various national elections.
b) The Opposition Parties: an active role in the pluralist process
The role of the Political Parties legally recognized in the promotion of participative
democracy continues to the confirmed. The minimal representation of 20% of the
seats of the Deputies and the muncipal and regional councillors est guaranteed to
the Opposition Parties. The Opposition Parties participate more and more in
political life, not only through their speeches and political programmes, but also
by their Deputies and Municipal Councillors.
ARTICLE 14
The Right to Property
268. Article 14 of the Charter stipulates that « the right to property shall be
guaranteed » and that it « may only be encroached upon in the interest of the
public need or in the general interest of the community and in accordance with
the provisions of the appropriate laws»
269. In Tunisia every individual has the right to enjoy the ownership of the
assets that he has legally acquired, to use them, to have them available and to
bequeath them.
In this regard, Article 14 of the Constitution stipulates that « the right to property
is guaranteed » and that it « is exercised within the limits provided for by the
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