Introduction

The report of the democratic transition and human rights support center extends to the period from October 01, 2019 to March 30, 2020. And it is considered as part of of the center’s strategy which aims to accumulate reference documents concerning the democratic transition and human rights in Egypt, Tunisia, and Libya. Besides establishing an observatory of policies and legislations related to the transition path in following events from its official sources and websites which have the credibility under an objective and systematic obligation which respects the conditions of the modern democratic state and the principles of human rights. Also generally monitoring work concern is inseparable from the issues of society and individual in order to contribute to the popular transformation momentum towards the goals of liberation, development, and democracy. Monitoring work is accompanied by research production which follows all transitions. According to that the center issued data, articles and studies regarding the most important legislations and amendments which affect legal and institutional frameworks of the state besides affecting the political life in every country. Also, the center didn’t forget to support and sustain activists who face repression or any form of violations.

Under the obligation of people’s choices, democratic principles, and human rights, we have worked on a transitional research methodology. Unlike previous reports which focused for a full year coverage, this report covers half year in order to concise efforts and focus the results. And the report is evaluated by the evaluation of the monitoring process and its necessities. In addition to adapting to the privacies of the context in every country. That presents further development in terms of form and content in the future to dedicate a discreet monitoring work. Here we review some methodology approval features with a promise of a development that responds to the conditions of research work addressed to everyone.

The monitoring method:

Initially, the monitoring methodology required identifying monitoring areas which are followed up periodically. And that requires a field definition of the monitoring process as follows:

  • The objective field: it is represented mainly in democratic transitional policies, legislations, and the field of human rights.
  • Geographical field: The monitoring is related to three countries which are Egypt, Tunisia and Libya.
  • Time zone: from October 2019 to March 2020

a-Introducing concepts:

Democratic transition: It is the path which leads to stability and all the processes whish pave the way for change from a non- democratic to a democratic regime. According to its relevance to a turbulent context, it is not only related to what is static as legal texts and institutions but also to what is dynamic in other words most of the elements of political life and governance in its major elements, such as elections and the party life.

Human rights: The concept of the support center according to human rights is based on the comprehensive universal vision which is indivisible. And this vision is always based on the international human rights system and all related texts. Therefore, we should define two terms;

Policies: related to the general policies of the state which influence the democratic transition and human rights in addition to the elements of the political life inertacting with them. Legislations: they are related to the overall legal texts in this level which are issued in addition to the legislative process within the parliamentary work.

b- Monitoring indicators:

The aim of the indicator is to answer a question: do the policies and legislations fulfill its purpose? According to that it is focused in the monitoring process on relevant legal texts and legislative process, institutions and authorities in all levels, elections, and the features of the political conflict. In Tunisia: it can be noticed the sequence of the democratic transition path, but it has its special difficulties which start from the institutional and legal frameworks difficulties, and its interaction with economic, social, and political environment. And it becomes clear that the problems of the transition path are multiplied because of the influence of the political and party life in addition to the economic and social crisis. It is considered that election’s element and government’s formation are an important indicator of the transition process and its nature. Besides the ability of the authority itself to practice its role in building transitional policies in all fields guaranteeing achieving the new regime. Concerning the Tunisian case, all what’s previous is considered among the difficulties of the second transition, which was included as an independent component of the monitoring.

The paths of the institutional and legal paths turned to be a way of excluding a possible democratic transition in Egypt. Also, the regime is’ institutionalizing’ repression through multiple means which can’t all be contained to the limit in the report so that it chose a specific subject which is media in Egypt. This axis represents the opposite image of the second transition into repression and dictatorship. So that it is needed from the above to analyze the monitored material within the existing frameworks legally (constitutions/laws) and institutionally (authorities, bodies, and institutions). On the other hand, the Libyan situation challenged the monitoring method in terms of breaking with its frameworks. That’s why the monitoring focused on the shifts of the Libyan conflict, the course of the dialogue and its difficulties to determine the transitional situation in Libya., which ended to an ongoing civil war till now.

Index

Tunisia

I- Policies and legislations development related to human rights and the democratic transition in Tunisia

II- The political and legislative development related to democratic transition

III- The political and legislative development related to human rights

IV- Recommendations

Egypt

I- Policies and legislations development related to human rights and the democratic transition in Egypt

II- The political and legislative development related to democratic transition

III - The political and legislative development related to human rights

IV - Recommendations

Libya

I- Policies and legislations development related to human rights and the democratic transition in Libiya

II - The political and legislative development related to democratic transition

III- The political and legislative development related to human rights

IV- Recommendations