A/HRC/21/5
39.
Tunisia drew attention to on the fact that the death penalty had not been
implemented for over 20 years in Tunisia. Although Tunisia aimed to meet international
standards regarding the death penalty, it emphasized that this was not only a legal matter,
but that it had also cultural and religious implications. Tunisia further stated that the
abolition of the death penalty should be a result of a wide and credible national debate.
40.
Regarding the decriminalization of homosexuality, Tunisia stated that it would be
possible to conduct an objective and transparent national dialogue on the subject. However,
it was not ready at this stage to adopt a decision.
41.
Questions concerning the independence of the judiciary would be addressed by the
National Constitutional Assembly. The intention was to separate the judicial system from
all other authorities. Judges should only be bound by the dictates of their conscience and
the law. Tunisia would reform the framework of the judiciary and ensure its independence
through provisions in the new Constitution, although reform efforts would also require
financial resources.
42.
Tunisia further stated that the National Constitutional Assembly would uphold
Tunisia’s international obligations regarding respect for human rights and gender equality,
and that the religious and cultural authorities in the country would not work against its
international undertakings.
43.
Concerning the reform of the security services, Tunisia stated that a number of
institutional reforms and legislation changes were under way. Many consultations had been
held in conjunction with the United Nations and other organizations. Legal instruments and
tools underpinning the reformed security services should also help to bring about a change
in the public perception of these services. Tunisia reported that the Ministry of the Interior,
in cooperation with various organizations and agencies including UNDP, had organized
several workshops to revise the law pertaining to public meetings and demonstrations.
44.
Moreover, Tunisia stated that a decision had been taken to follow a participatory
path for progress in transitional justice. Tunisia had involved all sectors of civil society,
including the opposition, and held a national symposium on 14 April 2012. Also in April,
Tunisia held an open forum to listen to proposals put forward by civil society. Four
meetings involving civil society had been held in May 2012, as a result of which a
committee had been established to facilitate the national dialogue for the preparation of a
draft law on transitional justice, to be ratified by the National Constituent Assembly within
3 months.
45.
Yemen wanted to know measures intended to be taken to strengthen the partnership
between the Government and the society for the benefit of persons with disabilities. It made
a recommendation.
46.
Angola welcomed the reform of the judiciary system and the creation of a Ministry
of Human Rights and Transitional Justice. However, despite the efforts undertaken, Angola
noted that there still was progresseto be made in the area of human rights. It made
recommendations.
47.
Argentina commended Tunisia for the normative progress made to promote the full
exercise of freedom of association. It also encouraged Tunisia to continue its efforts to
combat impunity for serious human rights violations. Argentina made recommendations.
48.
Australia commended Tunisia’s efforts towards ensuring the equal participation of
both men and women in the political sphere. It also welcomed Tunisia’s ratification of key
human rights instruments, the withdrawal of its reservations to CEDAW as well as the
amendments made to repressive provisions in the Press Code. Australia was concerned by
reports of violence against protestors in 2011. It made recommendations.
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