A/HRC/36/5
33.
Brazil commended the country’s openness to dialogue with civil society and the
democratic elections held in 2014.
34.
Burkina Faso praised the progress achieved during the transition to democracy as
exemplary cooperation with human rights mechanisms.
35.
Burundi congratulated Tunisia for the establishment of a National Commission for
the Coordination, Preparation and Submission of Reports and Follow-up to
Recommendations on Human Rights.
36.
Canada welcomed the democratic progress achieved, including the incorporation of
human rights guarantees and protections into the 2014 Constitution.
37.
In response to questions from Sweden and other countries regarding the alignment
of the Constitution with its international obligations, Tunisia stated that it planned to
establish a steering committee to make sure that all national laws were in line with
international conventions and to guarantee the sustainability of those efforts. Most
ministries were effectively engaged in those tasks. Multidisciplinary committees of judges,
academics, lawyers and civil servants had been established to put forward proposals on the
revision of laws, in order to align them with the Constitution. The revision of the Code of
Criminal Procedure, aligning it with the Constitution, included amendments to criminal
legislation on pretrial detention and the rights of detainees before trial, the provision of
rehabilitation services and the revision of the Code of Civil and Commercial Procedures.
Amendments to the Code of the Rights of the Child, in order to align it with article 47 of
the Constitution, included the introduction of provisions on the right of children to be
treated without any discrimination, child-friendly treatment during judicial procedures and
rehabilitation and integration services for child victims of crime, the treatment of children
in detention and the administration of places of detention.
38.
The law on military courts had been revised before the adoption of Decree-law No.
69 of 2011 on the organization of military courts. A committee had been established under
the auspices of the Ministry of National Defence with the task of aligning national laws on
the organization of the military courts and the statute of military judges with the new
Constitution.
39.
The Ministry of the Interior had prepared a bill to promote human rights within the
security services. Steps had been taken to revise the basic law on the national security
forces in order to regulate their work, ensure respect for the rule of law and give supremacy
to human rights. The project involved a comprehensive revision of the law, designed to
achieve the highest democratic standards, including the creation of a commission to
supervise places of detention and national security agencies. Moreover, after the revolution,
the Government had wished to ensure the swift revision of Act No. 4 of 1969, which
regulated demonstrations and public assemblies, because some of its provisions did not
comply with international norms. The revision process was ongoing, under the supervision
of the relevant government authority.
40.
Article 26 of the 2014 Constitution guaranteed the right to political asylum within
the purview of the law. Tunisia had ratified the Convention relating to the Status of
Refugees of 1951 and the Organization of African Unity Convention Governing the
Specific Aspects of Refugee Problems in Africa. A bill on asylum had been drafted that
provided for the establishment of a body to monitor the living conditions of refugees. In the
meantime, the Office of the United Nations High Commissioner for Refugees was working
on the issue of how refugee status was defined and granted in Tunisia.
41.
In response to a question from Norway on asylum and migration, Tunisia stated that
a national strategy on migration had been prepared with the participation of civil society.
The strategy was based on five points: strengthening governance in migration management;
guaranteeing the rights and interests of Tunisian migrants and strengthening the links
between them and the motherland; strengthening the contribution of migration to
socioeconomic development at the local, regional and national levels; promoting the regular
migration of Tunisians and preventing irregular migration; and protecting the rights of
foreign migrants and asylum seekers.
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