Policies And Legislatives Reforms Program 1

The policies and legislations related to the democratic transition and human rights – Tunisia

مُتاح أيضًا بـ: العربية (Arabic)

I) The policies and legislations related to the democratic transition in Tunisia

Despite the unified constitutional framework for the political regime, new elements presented themselves towards previous institutions such as the National Security Council, the extent of the powers of the Presidency of the Assembly of Representatives and its independence, and their role in influencing political life and the democratic transition as a whole.

1. The legislative and structural framework:

The same questions during the monitoring period continue regarding the process of forming the constitutional institutions. But the question concerning the independence of the Assembly, is raised strongly due to the increase in controlling it in terms of its procedures and structures from the powers of partisan influence and conflict based on interests, without forgetting the populist discourses that consume the values of democracy and produce their opposite.

1.The three powers and the balance among them: 

  • The legislative authority

The financial and administrative independence of the Assembly of the representatives of the people continues to pose a serious problem in terms of the conflict among the three authorities and their heads. With that fact, the Parliamentary scene has witnessed inappropriate scenes in the task of the legislative function as it is considered as a public interest and a mechanism to achieve the popular will. The social networking sites reflected this matter by publishing and broadcasting what happens inside the corridors of the Assembly  and its sessions as it starts with verbal altercation, insult and swearing which also continues in the virtual space. 

The legislative institution doesn’t play a role in building and directing the public dialogue. Rather, it has become a platform for ideological discourses without having programs and a stage for settling political scores without a policy of governance and management of the public affairs. As a result, the parliamentary agenda of the Assembly moves and stops according to the balances of the partisan interest and the relationships based on clashes among the three authorities.

The political conflict casts a shadow over the amendment of the rules of procedure

It is indicated that a proposed Basic Law No. 025/2020 related to the administrative and financial independence of the Assembly of the Representatives of the People and the control of the rules for its functioning. but it did not go beyond its early stages in the legislative process, to stop at the filing stage until the end of the monitoring period, contrary to the discussion and work on amending the rules of the procedure. Because of the severe tension during the first parliamentary period,  the Committee of Rules, Immunity, Parliamentary Laws and Electoral Laws worked to amend the system before the end of July, the last month before the parliamentary recess

On July 20, 2020, the head of the committee of the rules of procedures, Haitham Ibrahim, stated that the main effort is towards amending all the chapters of the rules of procedures. This is considered to be a haste in terms of the lack of time, especially that working to amend it came after the crisis of the health pandemic which occupied the public opinion, civil society and the state in Tunisia. It can be said that the reformation projects especially the independence project of the legislative authority starts incorrectly under the political conflict and its necessities.  Which may affect the Assembly later.

Chart: The structure of the Assembly of the Representatives of the People according to the current rules of procedure:

Here is a set of amendments before the Parliamentary recess:

At the end of July, the Committee finished a set of revisions  on several articles:

Rule 47: The original text: “ The Committees’ bureaus and the Assembly’s bureau, with the exception of the speaker and his two deputies, shall be reconfigured at the opening of each parliamentary session in accordance with the requirements stipulated in this bylaw.”

 the Committee on the Rules of Procedure, Immunity, Parliamentary laws and Electoral Laws  approved, in a session on Wednesday, the 8th of July of 2020, Article No.47 of the bylaw, which provides for the restructuring of the committees’ bureaus and the Parliament’s bureau, with the exception of the Speaker of the Assembly and his two deputies, at the beginning of each parliamentary session. Article No.13 of the rules of procedure was also re-voted on to be in conformity with the amendments which were defined in Article No.47.

It is noteworthy that the amendments of the aforementioned article was canceled regarding the election of the Speaker of the Assembly and his two deputies in each parliamentary session, despite the earlier revision of the bylaws committee The political balances affected in this matter due to the permanent disagreements as what happened during the previous parliamentary term and the opening of the parliamentary term.

Article 64: the original text: “ the Committees consist of 22 members.

The committees are formed according to the rule of proportional representation among the blocs. Each bloc has one seat in the committee for every 10 members in the bloc. The remaining seats are distributed on the basis of the largest remains.

The Assembly’s bureau may exceptionally decide to reduce the number of the members less than 22 and that decision should be by reason and with the majority of the 2/3 of its members regarding each committee which is decided to decrease its members. In this case, the requirements of the second and fourth paragraphs of this article are respected, while the attribution rule in the third paragraph is modified in proportion to the new number of members of the committee.

The Committee for Monitoring the Processes of Voting and Counting is excluded from this article which is the subject of article 9 of the bylaws

The Bureau of the Assembly, in the presence of the heads of the blocs, determines the share of each parliamentary bloc’s seats in the committees.

The aforementioned article is related to the committees of the Assembly of the Representatives and its members. The current intention is to reduce the number of the members from 22 to 15 members and the increase in the number of committees through distributing its competencies among different committees

  • Article 66: the original text: “ after the deadline for submitting candidature, the council’s bureau holds a meeting by inviting all the heads of the blocs and during the meeting the list of the candidates for the membership of the committees are organized in terms of the quota for each bloc and  with consideration of the nominations of members who does not belong to any bloc.
  •  

In case the number of the individual candidates exceeds the number of the number of the allocated seats for them, the council’s bureau shall organize an election among them. And if the votes are equal among the candidates, the youngest among them shall be preferred. And in case there isn’t an age difference, a lot may be used. The council holds a plenary session to announce the structure of the committees. And it would be published in the website of the council.“

The amendment of this article aims at setting deadlines to the parliamentary blocs to appoint their representatives in the committees. If the deadlines are exceeded, the blocs are obliged to appoint their representatives.

Article 70: the original text: “the council’s bureau determines the quota of each parliamentary bloc concerning the responsibilities in the committees’ offices from the same class, while taking into consideration the rule of proportional representation. The responsibilities are distributed among the committees with consultation with the heads of the blocs. If there is a disagreement, the council’s bureau assigns the priority of choosing based on the bloc which includes the largest number of members.

The amendment before the committee aims at approving the system of alternating chairs among the blocs in choosing the presidency and the members of the committees in which they want to work with. Previously, the biggest bloc used to choose for one time and from the start, the committees then the others

Article 78: The original text: “ the head of the committee supervises its tasks and sets its agenda by consulting its office. He presides over its sessions and calls the committee for a meeting by any means through a written minutes of a meeting In the absence of the head of the committee, his deputy shall replace him and in the absence of the head and his deputy, the rapporteur of the committee shall replace them. When the rapporteur is absent or takes over the presidency of the committee, he shall be replaced by the oldest assistant rapporteur.”

The new amendment aims at making the relevant committee have the power to set its agenda instead of the head of the committee, as what takes place now. 

Article 131: The original text: “ the head of the session reminds every representative who obstructs or breaches the order or speaks without the permission from the head of the session

The head of the session warns every representative who was reminded twice to respect the system in the same session or who insults or threatens one or more members of the council. Then his speech is withdrawn besides being deprived from participating till the end of the session while the warning is recorded in the minutes of the meeting

In the event that the representative doesn’t comply with the actions taken against him in a way that impedes the work of the assembly or uses any form of violence during a plenary session or has insulting behavior against the Assembly or the head of the session, the council’s office , upon the suggestion of the session chair, could prevent him from taking the floor without preventing him from voting , Provided that the period of deprivation does not exceed three consecutive sessions.

The office takes its decision by the majority of its members”.


The added sentence: “Or a inflammatory speech calling for violence and hatred” of the second paragraph of the chapter, to state in accordance with the amendment the following:

The head of the session warns every representative who was reminded twice to respect the system in the same session or who insults or threatens one or more members of the council. Then his speech is withdrawn besides being deprived from participating till the end of the session while the warning is recorded in the minutes of the meeting

The Parliamentary scene: The Legislative and political function

The matter in which the representative is supposed to have the ability to manage these interlocking relationships.
It paves the way for structural and procedural reform to enable the deputy to have the capacity to view and discuss legal texts within committees and in the plenary session.

This requires, for example, enabling all MPs to obtain legal texts that respond to committees even before voting, in order to avoid public speaking parties instead of directly addressing the substance of the text.

This also requires the parliament to have permanent parliamentary assistants who are specialized, which allows the deputy to have an expanded idea and vision on the legislative process as a whole, which goes beyond the mere discussion of the texts of laws.
The oversight work of the Security and Defense Committee and the Committee for Organization of Administration and Affairs of the Armed Forces (Special Committees) provide an important example of the expected oversight role of the Assembly of People’s Representatives.

Oversight functions relate to a sensitive and delicate area of ​​direct relevance to national security.

However, it is noticeable that committee members are often far from this field and do not possess sufficient knowledge of it.

Rather, membership in these committees sought to politically influence the security and military leaderships.

 
For example, members of the Security and Defense Committee receive training for a week in the military field and the army in Tunisia, but it remains insufficient to deal with an important institution in the state, in the absence of a complete scientific and historical perception of it.

The oversight role has thus turned into an appropriate task according to events, which ends with reports submitted to the Presidency of Parliament without actual results that can be translated legally and administratively.

At the legislative level, it became clear that the tasks of the Continent Committees are large and dispersed between several areas. Which created busy work schedules. This led to thinking about distributing specializations among more committees. This remains a limited option in the end, in terms of the fact that the representative work is limited to the representative himself without the presence of assistants who are able to provide complete data on different areas that require cognitive specialization that exceeds the capabilities of the deputy. In addition to the above, the legislative position of the Deputies was abused in favor of the political one. The Assembly of Representatives witnessed events of conflict and a material and moral dispute that preoccupied Tunisian public opinion for a long time, and increased its rejection of the political class as a whole. It also affected the confidence of the citizens towards the State’s institutions. The political function was confined to exporting a charged and emotional discourse, with actions and reactions that amounted to insults, insults and mutual insults. The dominant discourse in the Assembly of the Representatives of the People, and throughout the political arena, is not far from the populist character. The dominant discourses contained common elements, between a self-definition pattern, naming and classification processes, as well as a simultaneous political dimension. The political function of most of the deputies was consumed in letters of discrimination between those who represent the people and those against them, as part of a form of indirect guardianship. Perhaps this gdata is one of the usual specifications in populist speeches, but what is dangerous in it, in the first parliamentary session, is the extent of damage to institutions and procedures and their disruption due to political differences. This is justified within these discourses by the direct link between these parties and the people, and it is a justification that allows them to bypass institutions or work within them without actually believing in them. While Abeer Moussa, the secretary of the Tunisian Constitutional Free Party, is leading the scene by questioning the revolution and all its results, the Dignity Coalition remains far from assimilating the values ​​of the constitution and participatory democracy in its comprehensive meaning and citizenship, under the pretext of defending the identity of “the people.”

The parliamentary scene on its political / political side led to a worsening of dealing with public affairs, despite the fact that Parliament itself in terms of its masses did not witness major transformations in the first parliamentary session.
This explains the aforementioned assertion that structural reform and amending the internal system are neither an end in itself nor sufficient to reform the status of the legislative authority.

Distributing the blocs and the resignations during the first parliamentary term:

Despite the proportional stability in distributing the blocs during the monitoring period, as a data, it doesn’t reflect the tensions of the Assembly as it was before. The Parliamentary scene transformed into a severe conflict among specific directions which are led by the Islamic ENNahda Movement and the Tunisian Free Constitutional Party. Thus the scene restored consumed speeches but they were able to mobilize the Tunisian public opinion and the street. It led to the increase in the division and tension because of exploiting the Parliamentary discussions concerning laws in order to throw ideological speeches.

Before the start of the 2nd Parliamentary term with the beginning of October and during the Parliamentary recess (the 1st of August to the 30th of September of 2020), the news concerning the dissolution of the Future bloc was confirmed. It is a technical bloc which gathers partisans and independants which witnessed a number of resignations that decreased the minimum stipulated in Article No.34 of the bylaws of the Assembly of the Representatives of the People. (7 members or more) as according to that the blocs and their members changed in the 2nd Parliamentary term

  • The Executive Authority:

Under the current political regime and the duality of the Executive Authority, the political balances transformed according to the attempts of every party to ensure its political position in the Tunisian scene, taking advantage of its powers and its affiliated institutions. Each party also seeks to link among the rest of the component of the political arena including parties and national organizations, relying on a political discourse that attracts a part of the national public opinion.

  • The Presidency of the Republic: “ the power of the week “

The political scene permits the president to use the maximum of his powers in a confrontation that is closer to a conflict and clash than to balance with the rest of the authorities and with the second head of the executive authority. The speech which was issued by it, also opened doors for a debate and a discussion concerning the management of the public affairs. The institution of the National Security Council was one of the platforms of the Tunisian President in order to practice his powers. Many persons see that a part of the president’s work and his speech are considered an interference in the work of the other authorities.

• The National Security Council:

  • The legal framework: The governmental order No.70 of 2017, dated back to the 19th of January of 2017. The decision of the President of the Republic and the Head of the National Security Council which is dated back to the 30th of October of 2017 regarding the formation of permanent committees in the National Security Council.

 

  • The powers of the council are related to ensuring the protection of the vital interests of the State within the framework of strategic vision in order to maintain the sovereignty of the State and its independence, and ensure its territorial integrity, the safety of its people and protect its natural resources. And based on the aforementioned republican decision, the council consists of a number of committees headed by the ministries who are in charge of the responsibilities that are under the powers of the council. In addition to security, defense and diplomacy, there are the fields of health, education, social affairs, vocational training, employment and etc… Perhaps it is possible to rely on the broad cover of Chapter One of the Council’s law that defines its powers, and also on the multi-faceted concept of national security that differs in its definition, to justify the expanded composition of the council.
    This actually happens as all the ministries attend in addition to the Prime Minister.

The meetings of the council were frequent during the period of the complete quarantine, but it came fewer during the monitoring period. The meetings of the council was an occasion for the speeches of the President of the Republic which carry political messages addressed to all parties. And it also doesn’t give exceptions to the other presidents. The absence of the speaker of the Assembly of the Representatives of the People from the meeting on the 17th of April of 2020, was an opportunity for a political interpretation, especially that the political dispute at that time was intense. On the occasion of the second meeting in September, the Council placed on its table the files of corruption, crime and “… discussed security, economic, social and other developments in public opinion in Tunisia”, according to the official statement of the Presidency of the Republic.


What is being discussed, based on the wide range of the composition, general legal framework and its concepts, especially the concept of national security which is how to specify the areas of the Council’s intervention and the mechanisms for that.

Under the absence of the Constitutional Court, specifying that becomes within the powers of the President of the Republic himself. This issue had arisen in the era of the former president, Beji Caid Essebsi as he was accused of forming a second government through the institution of the National Security Council.

Therefore, the field of political tension remains on the table because of the political scene itself, but the same legal and structural frameworks allow that. And under the current political regime and under the duality of the Executive authority, the intervention remains possible. It is also enhanced more within the tension with an unstable Legislative Authority which is subjected to certain partisan balances. Each party seeks to have a political position through the institutional and legal framework.

  • The prime ministry : 

During this period, the problem of mandating the prime ministry through the Assembly of the Representatives of the people has arisen. It is a hypothesis which is provided by the constitution as a means of dealing with exceptional circumstances that disrupt the normal functioning of institutions.
With the start of the second months of the work of the government of Elias Al Fakhfakh, the later faced the crisis of the spread of the virus Covid+19 The issue for being mandated through the Assembly of the Representatives of the People was seriously raised to enable it t practice its work more effectively. Despite the critical health situation in the State and its implications on the social and economic situation, the prime minister’s request for authorization sparked controversy regarding the parties’ fear of expanding the powers of the prime ministry. Although the constitution stipulates that the authorization is restricted in the term and the powers of the authorized person, the parties of the ruling system were anxious that Fakhfakh would exploit the decrees to tighten the work of the Assembly and rebuild a new political scene, especially he raised controversy since he became the Prime Ministry. Both of them worked to decrease the powers and the duration of the authorization. Which led the Prime Minister, Elias Fakhfakh to think in withdrawing the bill. Focusing on the committee of the bylaws The political crisis affected the relation between the Prime Ministry and the presidency of the Assembly, and behind it the Ennahda Movement:, the Coalition Dignity and the Heart of Tunisia party, concerning the authorization which was considered by many persons that it was actually delayed as a response to the necessity of the health emergency.

  • The duration of the authorization: From the 12th of April of 2020 to the 11th of June of 2020
  • The legal framework of the mandate:
  • Article No.70 from the Tunisian Constitution:
  • Law No.19 of 2020 which is dated to the 12th of April of 2020 regarding mandating the Prime Minister in issuing decrees in order to face the repercussions of the spread of Coronavirus (Covid 19)

 b- The local authority : 

The process of forming the local authority in Tunisia is late. As it witnesses many obstacles that appear at the practical level. The Prime ministry provided some numbers and statistics that proportionally explains the situation of the Local Authority.

The numbers confirm that the local authority could contribute significantly to bringing public institutions closer to citizens. However, the reality of the situation confirms the continuation of several obstacles that are not being seriously and sufficiently overcome, despite the issuance of some government orders that can contribute positively, as they were issued With the last issue of the official gazette which is dated back to the 19th of May of 2020, governmental decree No.315 of  2020 which is dated back to the 19th of  May of 2020 related to the employment recruitment of public servants for the benefit of local groups. This order regulate how to assign high administrative employees for the benefit of the municipalities that suffer from a severe shortage in the percentage of creating high administrative positions ,exclusively through the mechanism of assignment, or the recruitment, in exchange for providing attractive financial privileges and incentives to employees and the high administrative employees who wish to join the municipalities, especially the new ones or those located in the internal regions .

The crisis of the relation between the central authority and the other parties during the health crisis

 During the health epidemic, it has become clear that there is insufficient coordination and clarity between the local and central authority. This has become clear after a governmental leaflet, calling the heads of municipalities to cooperate with the government and informing the central authority in advance with any procedures in this direction. Also the President of the Republic called on the respect of the decisions of the central authority. Perhaps, there are reasons for his observation regarding the political life, but it is far from the legal framework of the relation between the two levels. This calls for the necessity of working on it and completing it to avoid problems of this kind, which open doors for interpretation that are not desirable and harmful to the process.Perhaps there are necessities for the health pandemic, but the level of cooperation between the central authority and the local authority doesn’t reflect legal and constitutional size and position (importance)

The continuation of instability in the municipal councils affects the local authority

Independent High Authority for Elections declared on the 20th of June of 2020, that the schedule of the municipal election of 2020 had been ratified and candidiasis were accepted in the municipalities of Kesra, Al-Marji, Qurba, Fossana, the Sahel Mu’tamir, and Zawiya Kantasho Al-Shabika. This is the same situation that is repeated from the previous period, as the municipal councils are still disrupted because of the political and partisan disagreements which lead to their dissolution and re-elections.

On a related level to the political life concerning the local level, the Ennahda Movement remains the party with the most presence at the local level in competition with the independent lists. The Ennahda was the only one which was able to present its electoral lists better than the other parties.

This poses a challenge for other parties to ensure pluralism at the local level.

The formation of the independent constitutional bodies and institutions:

The formation of the constitutional bodies remains suspended due to the political tensions in Tunisia.

The House of Representatives was unable to elect any of the five constitutional bodies stipulated in the constitution, despite the completion of the ratification of their regulatory laws since the last parliamentary round.

Independent High Authority for Elections

 •The Human Rights Committee

 • The Commission for Sustainable Development and Future Generations

The Good Governance and Anti-Corruption Commission

The High Independant Authority of  the Audiovisual Commission

The path of the transitional justice:

The slow process of transitional justice in Tunisia ended with the publication of the final report of the Truth and Dignity Commission in the official gazette of the Republic of Tunisia on June 25, 2020.

Since its publication, it has raised many reservations among many parties, but its official publication in Al-Raed is considered a positive step .

The overlapping of the political track and the transitional justice process led to the stalling of the latter, but the report was published in the official flagship in accordance with Article 70 of Law No. 53 of 2013 related to establishing and organizing the transitional justice system; It becomes obligatory for the government to implement the recommendations contained in it, and to prepare plans and action programs to implement the recommendations and proposals presented therein.waiting the publication of the lists of martyrs and wounded of the revolution in the official leader in turn and the opening of the compensation fund and the start of reparation for the victims’ damages, the accountability process remains stalled, given that the work of the specialized departments is slow in turn, and has even sparked controversy due to the suspicion of emptying its departments of judges after the judicial movement of 2020.

The No Return movement indicated that there had been a delay in the hearings due to the judicial movement.
Including the delay of all transitional justice sessions scheduled for September 24, 2020 in the Sfax Court of First Instance, until December 03, 2020 due to the change in the judicial body.
It is the third delay in transitional justice cases since the end of the judicial vacation after the delay of the sessions of the competent criminal circuit in Tunisia on Monday 21 September and Thursday 24 September 2020.
it is reported that there are 13 circuits in each of the courts of first instance in Tunis, Sousse, Sfax, Gabes and Kasserine, Sidi Bouzid, Bizerte, El Kef, Gafsa, Kairouan, Medenine, Monastir and Nabeul.

During the monitoring period, the judicial department specialized in transitional justice at the Court of First Instance in Tunis, Thursday July 8, 2020, examined a number of cases of the martyrs of the revolution in the capital, namely the martyr Anis Al-Farhani in the events of the revolution in Palavat, and the martyrs Abdel Baset Al-Khadrawi, Ayman Al-Aqili and Mohamed Al-Hanashi in the events of the revolution in the Kasbah .It is among a limited number of cases published before the judiciary.

Numbers could be displayed about the work in these circles:

The crisis of the second transition: 

The symptoms of the second transition crisis continued to emerge with the controversy over the withdrawal of confidence from the government of Ilyas Fakhfakh and the negotiations to form the government of former Minister of Interior Hisham El Mechichi. Here we dealt with the work of the government and negotiations to form governments, considering that the political system gives the most important powers to head the government.

The second part of the second transition crisis concerns a special axis on social policy between the covid crisis and its aftermath.

  • The withdrawal of confidence from the prime minister and submitting Ilyas Fakhfakh for his resignation:

This crisis has demonstrated the exploitation of the three heads of authorities, the constitution and the law in the political process by subjugating and interpreting them to serve their political initiatives in the absence of the Constitutional Court, which always appears the need for its existence, especially when the second republic faces unexpected surprises such as the death of the former president of the republic Beji Caid Essebsi or The intensification of political crises affecting independent bodies, as happened with the National Anti-Corruption Commission, Elias Fakhfakh, the Truth and Dignity Commission and Youssef Al-Shahed.

Elias Fakhfakh, after five months of work, submitted his resignation to the President of the Republic on July 15, 2020. Meanwhile, and in what was considered a political maneuver by the Ennahda Movement, the latter submitted a list of withdrawing confidence from the aforementioned prime minister. This is considered an attempt to benefit politically from the options provided by the constitution in the absence of the constitutional court.

Based on the reading of the President of the Republic, Qais Saeed, the list presented by the Ennahda Movement is null and void once the government submits its resignation, as it is not possible to withdraw confidence from a government that does not exist.

Such as accelerating the resignation  of Al Fakhfakh which is an opportunity to return the initiative in the hands of the President of the Republic, so that he proposes a new name.

While other blocs that were within the ruling coalition worked to continue its efforts to withdraw confidence from the Speaker of the Assembly of the Representatives of the People.

A timeline for some of the details of the political conflict

It is clear that there is a struggle between the wings of power in Tunisia, but its details are not publicly disclosed, especially with regard to the statements of the Presidency of the Republic about the internal attempts of some “parties” to bomb the state and put it in regional alliances while seeking to draw the army into the political conflict.

In addition, the ruling coalition remains under the control of the Ennahda movement, which wants to ensure its position in government.

This led to a much debate  that ended with the presidency of the republic exploiting its powers to the utmost  in light of the president’s role in protecting the constitution and the state.

The Ennahda Movement demanded the formation of a political government based on the existing balance according to the parliamentary blocs, with the need to provide an expanded political belt.Her demand faced public opinion and a decisive direction from  the national organizations and several parties towards a government of national competencies.

Is it really the presidency of the republic that is the reason behind the marginalization of the parties?

In the meantime, all parties were stressing the need not to ignore political parties and return to parliament, under the heading of rejecting the “second government of the president”. This was issued by the Ennahda movement, the Dignity Coalition, and the Heart of Tunisia party.

While Mohamed Abbou, Minister in the resigned government and Secretary of the Democratic Current Party, confirmed a similar finding, indicating the existence of political blackmail exploiting corruption files.However, he said he did not provide details in respect of the duty of reservation.
At the conclusion of the first and second round of negotiations to form the government, Al-Mishishi ended up confirming his desire to form a government of independent competencies. This was widely rejected by the parties, the Ennahda Movement, the Heart of Tunisia, the People’s Movement, the Democratic Current, and the Dignity Coalition.However, rejectionist situations began to change with the launch of the third round on the 17th of August of 2020.

As the Ennahda Movement, the largest party in the Assembly of the Representatives, expressed that there is a possibility to support the new government and accept a government of competencies that does not include names from political affiliations opposing or hostile to the movement, before the end of the constitutional deadlines on August  the 25th of 2020.In order to avoid the worst-case scenario, which is the Elias Fakhfakh government continuing its work or resorting to early legislative elections.Other parties also favored an independent government which doesn’t have opponents and far from early elections. This is the situation of the People’s Movement and the Democratic Current Party, for example.
This could be considered the problem of the political parties, and it is actually a reality from the nature of the partisan scene itself, the absence of the constitutional bodies especially the constitutional court, and the keenness of the presidency to play its role within a special vision of the president of the republic.

2.A special pillar Social policy between the covid crisis and its aftermath : 

This section on social policy on the occasion of the health crisis in Tunisia raises questions related to the problematic of democratic transition and human rights.

Its analysis starts with the experimental / practical aspect that appeared in the set of measures, mechanisms and decisions taken by the state to confront the repercussions of the health crisis, with regard to the second aspect of the constraints and resistances faced by the state’s endeavor to confront the epidemic.

Which provides a picture of the transfer and its circumstance.

These elements present themselves due to their social impact that confirmed the impotence of social policies in Tunisia, which needs a definite, comprehensive and multi-level review that reconsiders social and economic rights, and the public sector’s contribution to the promotion and preservation of them.

a-The Actions which are taken to confront the epidemic:: 

The Tunisian government has taken a number of measures to confront the health crisis and its repercussions.

In terms of approximation, the general procedures, without the executive ones, can be limited to an approximate number:

Practically, not all procedures have been implemented or applied relatively, while it is only possible to evaluate them after determining the results and effects following the end of the crisis.

• The health procedures:

The Tunisian state has taken a set of measures concerning health which confirmed the overlapping of the human rights system and its need for an integrated official policy which is capable of solving the deficiencies.

Perhaps a health emergency is not a suitable condition for reform, but it is certainly a reflection of the deficiencies and shortcomings that must be overcome.
According To Article No.80 of the Constitution regulating the state of exception, the following texts were issued that restricted the right of movement and assembly, and stipulated penalties and reprimand for those who violate them:

  1.  Presidential Decree No. 24 dated March 18, 2020, relating to the complete curfew in the republic
  2. Presidential Decree No. 28 dated 22 March 2020 relating to determination of the walking and gathering


  3. Presidential Decree No. 38 of 2020 dated April 28, 2020 declaring a state of emergency


  4. Presidential decree No.54 of 2020 which is dated back to May 29, 2020  regarding extending the state of emergency


  5. Presidential decree No.58 of  2020 which is dated back to June 8, 2020 regarding terminating the two presidential orders related to the curfew and regulating the gatherings


  6. A decree from the Prime Minister Decree , No. 9 of 2020 which is dated  back to April 17, 2020, regarding reprimanding of the violation of the curfew , and imposing a comprehensive quarantine and measures for the infected or suspected persons  with the Coronavirus.

     
  7. Governmental decree No. 2020-208 which is dated back to May 2, 2020, regarding directing and regulating the measures of the health quarantine.

However, the question is about the practical application of these texts, as many problems have been raised that have been exposed to, especially the Tunisian civil society, which has encountered difficulties in exercising its duty under similar circumstances.

This matter required a field work which is based on the network of the activists’ relationships themselves, while the authorities had to be approached to find solutions to the obstacles. The major administration was mainly the security as the security centers and the Ministry of Interior became the biggest power. This needs to be reviewed in order to unify crisis management and avoid the security approach in it.

And based on Article 70 of the Constitution and Law No. 19 of 2020, the Assembly of People’s Representatives authorized the Prime Minister for a period of two months to issue laws that intervene in the field of law.

The field of law is defined by Article 65 of the Constitution.

Actually, the obstacle at this level was not legal as much as it was political.

The issuance of the mandate was delayed due to disagreements over the mandate and extent of powers.
These measures affected most of the citizens, while workers in the health sector remained under the burden of confronting the epidemic in the front line.

What actually affected the performance of their duty is the absence of a health infrastructure capable of facing similar crises.

After seven months, the Young Doctors Association confirmed that all promises about preparing and preparing to confront Corona have not been fulfilled on the ground.

During the crisis, the medical sector was keen to work to collect donations and bring as much appropriate equipment and materials as possible.

This brings us to the question of the moral and ethical responsibility of doctors in front of the victims of the epidemic.

In effect, they face the duty of responsibility in isolation, which enables them to assume it.

A large part of the conditions of responsibility are out of the hands of these people, in light of the state’s negligence for a long time and even before the start of the crisis.


Doctors, especially young men, moved during the epidemic period in order to uncover shortcomings and deficiencies and to assume responsibilities, each of which is on the shoulders of its owner, which is basically the state’s health policy.

The spread of the epidemic exposed the features of other deep and chronic crises.

It also emphasized that the right to health is not isolated from other social, economic and cultural conditions.

  • The Social Procedures:

A decree from the Prime Minister, No.5 of 2020 which is dated back to the 14th of April of 2020, regarding the deduction of a working day of April 2020 for the benefit of the State’s budget.

Under the terms, Tunisian charter owners were subjected to contributing a working day from their wages to the budget. An exception is made for those whose wages do not exceed 5000 dinars per year.

A  Decree from the Prime Minister No. 7 of 2020 which is dated back to the 17th of April of 2020, related to regulating the exceptional provisions which are related to the civil servants, the management of public institutions and facilities, and administrative departments.

As for the grants assigned to needy families, they were seized by two joint decisions between the Ministers of Social Affairs and Finance.

Firstly, the decision of May 19, 2020, related to controlling the method of calculating the amount of direct financial transfers for the benefit of the poor groups benefiting from the social safety program.

This decision specified the method for calculating the amount of transfers for beneficiaries.The legal framework for this possibility is the basic law relating to the social safety program.
The grant is divided into a basic amount, to be paid on a monthly basis, and it is estimated at 180 dinars.
Chapter 2 of the aforementioned decision may be criticized for the combination of attribution of this grant between an individual and a single family.
The aforementioned chapter also fixes a supplementary amount, i.e. 10 dinars for each family that has a son under the sponsorship whose age is under 18 years to the limit of 25, provided that the latter is decreed in education, training or training.

It is an unrealistic amount and has nothing to do with the financial needs of the individual in Tunisia 2020, especially in a period of epidemic in which all sectors and thus the sources of livelihood cease.
The supplementary or additional grant, as the decision called it, is doubled once, i.e. the amount of 10 d, to become 20 d, and added to the basic amount, so that the total becomes 200 d for the family that has a son who holds a disability card.

Secondly, a joint decision of the Minister of Social Affairs and the Minister of Finance dated May 19, 2020, fixing the cases of attribution and the amounts of circumstantial material support for the benefit of the poor and low-income groups.

According to this decision, additional subsidies were paid to needy families.According to the text of the decision, the aim is to help it with the expenses of the month of Ramadan, Eid al-Fitr and Eid al-Adha, and on the occasion of school and university return, ranging between 50 and 120 dinars for the family.

It is a circumstantial grant, and it shares with the first one in that it is far from responding to the living needs of the relevant ones.

A decree from the Prime Minister, No.30 of 2020 which is dated back to the 10th of June of 2020, regarding the measures to support the foundations of national solidarity and support for persons and institutions according to the implications of the spread of the Coronavirus “Covid-19”.

It is mainly for CNSS / CNRPS recipients, provided that they do not exceed 180 dinars Without mentioning the value.
A special program has also been created to surround vulnerable groups, with a total value of 30 m.

To support social work institutions and programs for the advancement of groups with special needs and the creation of livelihoods for the benefit of vulnerable groups.

However, practically the same number is considered limited, and information is absent about the method of its disbursement, its size, timing, and the number of beneficiaries in order to evaluate it and determine its feasibility.

The 6th of August of 2020: The Cabinet approved a draft law dealing with the situations of excessive indebtedness of natural persons:

This bill aims to develop an integrated framework that includes a set of mechanisms and procedures to address the situations of excessive indebtedness of natural persons, based on the comparative experiences in the field. The project was also based on the statistics and data which were  published by the Central Bank of Tunisia on loans which are directed to families, and on the achievements of the National Institute of Consumption regarding the families’ debt.

By reviewing the aforementioned texts, the state’s policy was based on the pre-existing system. It is the social protection system.

Among its sources is the deduction of workers’ salaries, in addition to citizen donations to the Special Fund for Confronting the Covid Epidemic, the Fund No. 1818.

Based on dealing with the health emergency, the social protection system is deficient in accommodating social and economic inequality.

In addition to the structural and administrative difficulties, it became clear that its database was empty of thousands of needy families.

The value of aids are very limited. This issue proves that it is not the solution to confront the existing social crisis, nor is it a circumstantial solution.

One of the basic and helpful elements in facing similar crises, the health, educational and service public sector in general, has proved its inability in the face of the rise of the private sector.

As for the latter, it works in favour of its basic interest, in light of the complete absence of the social, solidarity, and citizen role.

b- Coercions and resistance and their dimensions:

The economic and social situation represented one of the obstacles to implementing the measures, as the quarantine increased the financial and living difficulties of a large segment of Tunisians. It even led, at a certain stage, to cause violations of the health procedures.

In addition, the poor organization and administration caused chaos and overcrowding of the recipients of social aid and grants in front of post offices.
One of the main obstacles is the deficiencies of health and social measures that have been previously shown. However, an important level that appeared during the monitoring period of the report is the overlap of corruption in the state with the weak level of values ​​and citizen awareness, which resulted in the increase and complexity of the crisis.

Based on the numbers and reports of the Anti-Corruption Commission, the following numbers can be provided only for the public sector.  Which is what we care about at this level. The Suspected corruption cases during the health epidemic have led to a focal point in the concerns of Tunisian public opinion.

A direct link has been observed with the state’s profound failure to provide the socio-economic conditions that guarantee equality and social justice.

As for the following Map, it is a review of the numbers of suspected corruption cases by state:

II) The development of policies and legislations related to human rights:

Human rights policies in Tunisia remain isolated from the institutional and social reality that sustains them.

Just as political parties and official institutions continue to promote piecemeal approaches to human rights, the human rights movement continues in the usual and permanent claims about individual rights and freedoms, in light of the 2014 constitution.

1. The freedom of expression in Tunisia:

The case of Amna al-Sharqi has outraged the Tunisian public opinion in what is known as the Surat Corona case. She was charged with “ advocating hatred between races, religions or the population by inciting discrimination and the use of hostile means”.

  • On Wednesday, May 6, 2020, the Public Prosecutor of the Court of First Instance in Tunis listened to the blog after it was accused of sacrilege
  •  It was decided to refer her to the 3rd misdemeanor circuit of the Court of First Instance in Tunis on May 28, while keeping her in a state of release.
  • The case of the blogger, Amna Al-Sharqi, has been postponed until July 2, 2020
  • The 14th of July of 2020: Amna Al-Sharqi was sentenced for 6 months in prison

Arbitrary practices against journalists and bloggers also continued during the quarantine. Police forces in Nabeul state arrested the journalist Montaser Sassi, the correspondent of Radio Shams FM in the state, and detained him for two hours and demanded that he remove the photos and videos he had filmed under the pretext that he did not show a license to film in that area.And while he was accompanying the security process, in order to film the process of returning a businessman and his wife who had left the mandatory quarantine illegally.In the area of ​​La Goulette, the police arrested the young blogger and student Muhammad Amin Sa’dou, on charges of inciting confusion and incitement, after he filmed a video clip he posted on Facebook in which he talks about sterilization materials used by the municipality of La Goulette.

Where he remained for two days in the detention center in Bouchoucha, before being released as the case continued.

In a follow-up to the case of the young man who was arrested following the Ras Jdir crossing incident on charges of committing an indecent act against the President of the Republic:

 Some accounts used pseudonyms, but most of them were real names.Some users reported that their Instagram accounts have also been disabled.This was done without any prior notice from the platform.

The users have been informed that they are “ineligible” to use Facebook and that the decision is final. Facebook’s trusted partners “Axenaw” and “I’m Vigilant” were able to recover some accounts and  20 accounts appeared again, and when the Guardian contacted about the deactivated accounts, the company said:

“Due to a technical error, we recently removed a small number of personal files, which are now restored.

We were not trying to restrict anyone’s ability to post or express themselves, and we apologize for any inconvenience this caused”.

Also, the deterrent rulings against the freedom of expression were frequent during the monitoring period:

In a dangerous precedent, Maher Hammami, the Tunisian Syndicate of Musical Professions, responded to the request of the Egyptian Musicians Syndicate Hani Shaker and issued a decision on the 27th of  August of 2020to prevent artists Hassan Shakoush and Omar Kamal from holding their concerts scheduled for August and September 2020, Although they previously obtained licenses. It is noteworthy that it is not the first time that Hani Shaker has made such requests.

However,it is the first time that such demands have been responded to by any Tunisian party

2. The freedom of press and media:

The legislative initiative presented by the Dignity Coalition bloc in the House of Representatives sparked widespread disapproval in the press sector.

The Independent Authority for Audiovisual Communication Autorité Indépendante de la Communication Audiovisuelle (HAICA) , rejected the amendment proposal since May 12, 2020.

It is noteworthy that the relationship of journalists with the head of the coalition is not good after the journalists boycotted a press conference in the Assembly of the Representatives of the People, the two blocs of the Heart of Tunisia and the Dignity Coalition regarding the creation of a parliamentary commission of inquiry into suspicions of conflict of interests related to the prime minister, due to what they considered incitement from the head of the Dignity Coalition Bloc Saifuddin Makhlouf On correspondents of Arab channels in Tunisia.

It is data  that reflects the relationship of the political arena to journalists, between exploitation and attacks according to expectations and differences, in the absence of a structured and professional media sector.

0 globally
Tunisia in the press index / the first in the Arab world

On a related level, the journalist, Shaker El-Jahmi, was arrested by security forces in Grombalia, because of a complaint which was  filed by the mayor of the new hotel, Yusri Noywa.

Ayoub Al-Ghadamesi, the lawyer for the Syndicate of Journalists, confirmed that his client was accused of publishing insulting blogs to the mayor, while he exercised his right as a citizen criticizing the negligence of the municipal council and published a caricature in order to reach his voice. Later, the Public Prosecutor at the First Instance Court in Grombalia decided to release the student Shaker El-Jahmi and invite him to appear before the investigating judge in case of being referred to.

On September 16, 2020, it was announced that an independent press council was established to prepare a “code of ethics for the profession” and ensure that it is respected by media institutions. The Press Council, which has been awaiting its establishment since 2012, consists of nine members and they are appointed by the Press Syndicate and the Tunisian League for Human Rights and civil society organizations.

The Independent High Authority of Audiovisual (HAICA) Monitors the media scene in Tunisia, but it faces difficulties in implementing its decisions due to the weak political support.

  Also, many active politicians in the country run media organizations. There is no other institution that could regulate and monitor the media sector, in addition to not forming the relevant constitutional body the HAICA decided to stop permanently the program ‘we are all Tunisians’  that is broadcasted in channel 9 with  50,000 dinars as a fine Also, Also, the program’s episode that was broadcast on Friday 27 March 2020 should be removed from its official website and all its social media pages, and not to republish it or to exploit a part of it, due to the disrespect of human dignity,  private life and violation of the ethics and rules of the journalistic profession..

 On May 15, 2020, the National Syndicate of Tunisian Journalists demanded confronting hate speech and political violence against the freedom of the media, on the background of the attack of the head of the Dignity Coalition bloc in the Assembly of the Representatives of the People, Saifuddin Makhlouf against the journalist and political commentator Haitham al-Makki, during his presence in the program “ Medi Show” and described him with inappropriate descriptions.

On Sunday, June 14, 2020, correspondents of some Arab media outlets, while covering the political movement that was organized in front of the headquarters of the Assembly of the Representatives of the People, were exposed to various types of threats, insults and insults, and attempts to prevent them from working accompanied by accusations of employment and anti-revolution. The National Syndicate of Tunisian Journalistshad warned Since the recent legislative and presidential elections to the formation of groups working to target a number of the reporters of foreign media on the background of the editorial lines of their institutions. They could lead to serious crimes against the freedom of the press and journalists, such as attacks with violence, forced detention and threats of assassination.

2 . The individual and personal freedoms and rights : 

Due to the arrest of the Tunisian rapper Alaa AL-Naccache, the issue of “Indian cannabis” (zatla) and the penalties imposed on its consumers have returned to the front.

The lawyer for the arrested rapper, Ghazi Murabit, said that “the retention of his client has been extended pending his presentation to the court. 

Later, the first instance court in Tunisia issued a decision to release him”.It is noteworthy that, in 2017, the Tunisian Assembly eased penalties against consumers of  the indian cannabis, allowing judges to sufficiently rule with a  fine  against the consumers instead of issuing prison sentences depriving them of freedom.

In a strange decision, the municipality of Bizerte issued a list bearing the names of newborns who are prohibited from registering, such as Rostom, Majdoline, Ilan and other names, and the mayor of the municipality, Kamal Ben Amara, explained that the matter is regulated by a legal text prohibiting the registration of non-Arab names for newborns in the municipalities.

This news is not the first of its kind, and the news has raised and poses several serious questions about the freedom of citizens, the feasibility of similar laws and the appropriate perceptions about it, between the central and the local.

3 . The sexual minorities : 

The Shams Association confirmed in a tweet that was published on its official page on facebook, that a marriage contract was conducted between a french and tunisian citizens according to the french laws and this marriage is recognized in Tunisia and included within the Tunisian birth.

In the contrary, the Minister of Local Affairs Lotfi Zaitoun explained, regarding the registration of the marriage of two persons of the same sex, one is French and the other is Tunisian from the point of view of the French law, that there is no doubt that the conclusion of this contract contradicts the formulas and conditions stipulated in the chapters of the Civil Code, and it is therefore considered null and void by law, and it is subjected to absolute nullity through the Judiciary”.He also indicated that a legal loophole would be kept away which is related to the validity of confirming the marriage contract in the Tunisian institutions. Which means that this direction would be against these contracts concerning the sexual minorities in Tunisia.

Meanwhile, the persecution against homosexuals continued on the grounds of legal rules that contradict the constitution.

On the 6th of June of 2020,the court sentenced two men to two years in prison for homosexuality in Kef.

However, what is noticeable is that the authorities deliberately lured the two men after one of them directed the security to complain about a financial loan, by threatening an anal examination to disclose their homosexual affiliation, based on Article 230 of the penal code. 

The rights of sexual minorities are still far from being legally comprehended despite the availability of the constitutionally necessary frameworks to guarantee a decent life for their members, and they are socially facing a depth that is not reconcilable with them, to find it silent in the face of the insulting security treatment of human dignity.

Violent attacks, whether by citizens or security forces, continued against homosexuals, with the absence of judicial follow-up for the assailants.

4. Immigrants, refugees and asylum seekers :

The rights of migrants, refugees, and asylum seekers are still being violated, both in Tunisia for foreigners and for Tunisians abroad.

As during the monitoring period, it was clear the cooperation of the diplomatic commission with the authorities to deport Tunisians collectively and forcibly together with the policy of blackout concerning what happens against Tunisian in the centers of Ceuta and Melilla from the violations, harassments and inhumane conditions. The Spanish Minister of Interior also stated that his country is ready to forcibly deport 600 Tunisian migrants towards Tunisia and with a complete cooperation with the Tunisian Embassy in Madrid”.

In addition, the Tunisian official dealings with foreigners did not rise to the level of the constitutional legal rules and human rights principles, as the suffering of foreigners from sub-Saharan Africa, who reached 12,000 people, continued according to the Director General of the National Migration Observatory. The procedures of residence and the guarantees of the right to work, health and education are limited under the current law for foreigners in Tunisia. Which requires real revisions. 

Meanwhile, the bleeding of migration continues during the health pandemic.  The Tunisians represent:

On the other hand, the Italian diplomacy moved by visiting the Italian Minister of Foreign Affairs and her meeting with the President of the Tunisian Republic.

Although the latter was keen on the necessity of devoting a human rights-based approach, developments later continued in the direction of strengthening borders and forcibly returning migrants to Tunisia.
This led to Tunisia consolidating its borders by adding equipment to the maritime border guards after the Tunisian president visited the National Guard barracks in Sfax.

The health crisis has exacerbated the phenomenon, especially as it has become a solution for families as a whole.

5. The rights of women :

On the occasion of the day of women on the 13th of August of 2020, the President of the republic made a speech showing the equality in heritage between woman and man. Kais Saeied chose to focus of the equality in its social and economic side to isolate the equality in heritage by being considered as a settled case by a religious text And that was rejected by the civil society organizations. In this regard, the Association of the Tunisian Democratic Women considered that “Kais Saeied choose hostility against equality and endearment to the bases of the dark Currents with a conservatibe reading of the constitution.

The feminist movement in Tunisia considered that the speech of the President is not accepted and it is a try to terminate the equality project. It is noteworthy that the former President, Beji Caid Essebsi had presented a bill on the equality in heritage and gave the permission to form a committee for personal freedoms and rights that ended by presenting a report of 233 pages after a whole year of working. However this bill faces obstacles in the Legislative Authority especially by the refusal of the Ennahda Movement and its confirmation of the priority to the religious text.

 The law on the repression of the attacks against the security forces: A threat against rights and freedoms

Despite changing the form of the bill in several areas, the civil society reaction remained unified and rejecting the bill.  The social media site has known a large campaign under the title “the law for protecting citizens”.  The campaign has its real justifications as the bill breaks down the vision of reforming the system and the foundation of the republican security forces according to the constitution and its soul.  The proposed bill reduces the relation between the security authority and citizens in a relation of suspension and mutual threat in which the Tunisian citizen is the victim. 

The bill enjoys the support of the various security syndicates whose role remains very negative.  These syndicates showed a negative sectoral direction as they focus on the troubled relation between the security forces and citizens.  While their communication policy, especially on social media, violated the citizens’ rights especially the privacy and the personal information of the stopped persons

6. The law of the repression of attacks against the security forces: a threat to rights and freedoms.

  • The bill of the repression of the attacks against the armed forces returned to the corridors of the Assembly of Representatives of the people for the 4th time since 2011. The committee of general legislation started voting on the bill, chapter by chapter after it was amended by the Ministry of Interior in cooperation with the Ministries of Justice and Defense. The head of the committee, Samia Abbou indicated in this context that the legal texts which are in force, are not sufficient to protect the security forces. And that is considered wrong, especially at the level of the penal law and the frequency of using the crime of assaulting a civil servant, which prevails while dealing with the assaults against security forces. Also, this crime was characterized by its great exploitation in its implementation against the criticism directed at the security authorities.

The committee of general legislation has ratified the report and the final version of the bill “the basic law related to the protection of the police and the customes”, and it called the government to accelerate considering it. The head of the committee stated that the first name of the of the bill was cancelled in 2015 which was “repression of attacks against the armed forces”, to become “a basic bill related to the protection of the police and customes”. It was agreed among the members of the committee’s discussion that the law should be categorized as a basic law “superior to ordinary laws”. She indicated that during the discussion of the committee, cancelling the armed forces from the sentence because it has an exceptional situation and a number of articles violating rights and freedoms were also removed.

Despite changing the form of the bill in several areas, the civil society reaction remained unified and rejecting the bill. The social media sites has known a large campaign under the title “the law for protecting citizens”. The campaign has its real justifications as the bill breaks down the vision of reforming the system and the foundation of the republican security forces according to the constitution and its soul. The proposed bill reduces the relation between the security authority and citizens in a relation of suspension and mutual threat in which the Tunisian citizen is the victim. The bill enjoys the support of the various security syndicates whose role remains largely negative. These syndicates showed a negative sectoral direction as they focus on the troubled relation between the security forces and citizens. While their communication policy, especially on social media, violated the citizens’ rights especially the privacy and the personal information of the stopped persons.

Recommendations

  • It is necessary to accelerate the legal framework related to the Assembly of the Representatives of the People to ensure its financial and administrative independence vis-à-vis other authorities, and to review its internal system, especially by providing parliamentary assistants as part of the parliament’s structure to help parliamentarians perform their assigned role, and to avoid the narrow political disputes that marginalized the parliament and pushed the citizens to lose confidence in the political scene And Parliamentarian


  • Stopping the political employment of parliament institutions and working on coordination between the legislative position and the political function of parliamentarians, a task also entrusted to parties, politicians and those interested in public affairs.


  • The necessity of a clear distinction within the amendments of the internal system between the permanent and special committees and between the supervisory and legislative mission

     
  • The necessity of launching reform projects at the social level, especially the social safety system, whose deficiencies appeared during the period of comprehensive quarantine, by updating the data of the Ministry of Social Affairs, bypassing the social policy based on grants and aid and replacing it with the positive role of public sector institutions in related fields


  • Accelerating the election of members of the Constitutional Court and the rest of the constitutional bodies to complete the structural democratic transition


  • Accelerating the digitization of the administration in earnest within an expanded administrative reform program and following up on suspicions of corruption related to public employees, who benefited from their positions during the period of comprehensive quarantine


Creating clear legal and structural frameworks for the functioning of the institutions of the Presidency of the Republic to avoid conflict and interference with the head of the second executive authority

  • he Publication of the final and official list of martyrs and wounded persons of the revolution in the official magazine


Ensuring the independence of the Supreme Judicial Council and the judicial departments specialized in transitional justice, and accelerate accountability while ensuring positive treatment by the security authorities with victims’ files

    • Strengthening the local work as an independent authority, especially at the financial level in terms of budgets, and to ensure their equitable distribution among municipalities according to the real and deserving needs of the authorities


    • Starting to assign the transferred and joint powers to bypass traditional municipal work


    • Strengthening the management by increasing the number of high administrative employees in municipalities, understanding the categories of the employees and regularizing their positions while strengthening the infrastructure of municipalities, especially on the digital level


    Overcoming the politicization of municipal work, which is a matter for the parties that are still in the stages of consolidating their partisan and interest-based positioning

Human rights policy goes beyond establishing law to enshrining rights in practice, whether in the state or society:


  • Developing the legal framework for foreigners, especially sub-Saharan Africans, and reviewing agreements with the European side regarding irregular migration in order to promote open regular migration and bypass the security approach that kills thousands in the Mediterranean.


  • The Constitutional Court represents an important step in the legal and structural process to enshrine the principles of human rights, but it is completely insufficient, especially in light of the political tensions.

    This requires everyone to bear their responsibility in this direction, especially the political parties


  • Strengthening the local civil society to be a partner in local decision-making, in addition to playing a positive and effective monitoring role


  • Stopping to impose the  security engagement with sexual minorities and foreigners


  • Strengthening press freedom by reforming the sector and establishing an independent constitutional body, while ending attempts to dominate the media sector and employing it for narrow political interests


  • Supporting the economic and social rights and the social role of the private sector


Restoring the role of the public sector as a central part and essential guarantee in the promotion and protection of economic, social and cultural human rights

مُتاح أيضًا بـ: العربية (Arabic)

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