A/HRC/36/5
118. Ireland was still concerned that the death penalty remained lawful and urged the
State to withdraw its declaration on the Convention on the Elimination of All Forms of
Discrimination against Women.
119. Sri Lanka commended the State’s remarkable efforts to implement legislative and
institutional change, including the adoption of a new Constitution in 2014.
120. The State of Palestine noted the State’s efforts to further women’s rights through
programmes and legislation and commended its efforts to provide health services.
121. The Central African Republic encouraged Tunisia to continue its cooperation with
international human rights mechanisms, as illustrated by the standing invitation it had
issued to special procedure mandate holders.
122. Concerning discrimination on the grounds of sexual orientation, Tunisia stated that
all forms of discrimination, hatred and incitement to hatred were anti-Constitutional.
Persons of all sexual orientations enjoyed the full spectrum of rights, including access to
education. All aggression against any citizen based on his or her sexual orientation was
criminalized and the perpetrators prosecuted. The President had called for a new law
concerning individual rights; discussions of that law would provide an opportunity to open
a dialogue on article 230 of the Criminal Code. Medical examinations were contingent on
the consent of the person concerned and must be conducted in the presence of a medical
expert.
123. In response to the comments made by Switzerland on the measures taken by Tunisia
to prevent irregularities in migration, an agreement had been signed with the International
Organization for Migration regarding migrants who wished to return voluntarily to their
country of origin. Under the terms of that agreement, the International Organization for
Migration sent to the Tunisian authorities a list of migrants wishing to return voluntarily to
their countries of origin and, in turn, the Tunisian authorities granted those migrants
exemption from the payment of penalties so that they could return to their country.
Furthermore, Tunisia was developing a national strategy on migration through an open and
consultative process, which would subsequently be extended to bilateral and multilateral
partners.
124. The 2014 Constitution stated that all people were equal before the law and enshrined
rights and fundamental freedoms, in line with the State’s obligations and international
human rights standards. Some of the articles of the Constitution, drafted by the former
regime, were being updated in order to bring them into line with international obligations
and standards and the recommendations of the special procedure mandate holders. Tunisia
was also trying to foster the independence of the judiciary and to enable the Constitutional
Court to repeal or amend certain articles that were contrary to international standards.
However, those efforts could not succeed without a dialogue with all stakeholders. Tunisia
thanked all the delegations for their recommendations, which it would seek to take into
account.
II. Conclusions and/or recommendations
125. The recommendations formulated during the interactive dialogue/listed below
have been examined by Tunisia and enjoy the support of Tunisia:
125.1 Ratify the Protocol to the African Charter on Human and Peoples’
Rights on the Rights of Women in Africa (the Maputo Protocol) (Peru); 1
125.2 Consider ratification of the Optional Protocol to the Convention on the
Rights of the Child on a communications procedure (Georgia);
1
10
The recommendation, as read out, was: “Consider withdrawing the general declaration to the
Convention on the Elimination of All Forms of Discrimination against Women and ratify the Protocol
to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo
Protocol” (Peru).
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