3
CDL-AD(2013)019
I.
INTRODUCTION
1.
As part of an OSCE/ODIHR project on consolidating and promoting democratic
structures in Tunisia and among OSCE Mediterranean Partners for Co-operation, the
OSCE/ODIHR offered to Tunisian authorities to review their existing legislation for
compliance with international standards. This project is part of a longer-term OSCE/ODIHR
effort to support OSCE Mediterranean Partners for Co-operation.
2.
On 19 February 2013, the First Deputy Director of the OSCE/ODIHR reiterated, inter
alia, this offer in a letter sent to the Advisor of the Minister of Human Rights and Transitional
Justice in Tunisia. In this letter, he further stated his Office’s willingness to review Law no.
2008-37 of 16 June 2008 relating to the Higher Committee for Human Rights and
Fundamental Freedoms, ideally in cooperation with the Venice Commission.
3.
By letter of 2 April 2013, the Advisor of the Minister of Human Rights and Transitional
Justice asked the OSCE/ODIHR to prepare a joint opinion on the 2008 Law relating to the
Higher Committee for Human Rights and Fundamental Freedoms in cooperation with the
Venice Commission.
4.
This Opinion is provided in response to the above-mentioned request, with a view to
supporting the process of developing legislation for the Higher Committee for Human Rights
and Fundamental Freedoms (hereinafter “The Higher Committee”) that is in compliance with
relevant international standards.
5.
The present Joint Opinion was adopted by the Venice Commission at its 95th Plenary
Session (Venice, 14-15 June 2013).
II.
SCOPE OF REVIEW
6.
The scope of the Opinion covers only the above-mentioned Law relating to the Higher
Committee for Human Rights and Fundamental Freedoms (hereinafter “the Law”), submitted
for review. Thus limited, the Opinion does not constitute a full and comprehensive review of
all available framework legislation pertaining to the promotion and protection of human rights
in Tunisia.
7.
The Opinion raises key issues and indicates areas of concern. The ensuing
recommendations are based on relevant international standards, including OSCE standards,
and good practices. In the interests of concision, the Opinion focuses on problematic areas
rather than on the positive aspects of the Law.
8.
This Opinion is based on an official translation of the Law. The translation may
nevertheless not always accurately reflect the original version on all points and,
consequently, certain comments may be due to problems of translation.
9.
In view of the above, the OSCE/ODIHR and the Venice Commission would like to
make mention that this Opinion is without prejudice to any written or oral recommendations
and comments to the Law or related legislation that the OSCE/ODIHR or the Venice
Commission may make in the future.
10.
The Venice Commission and OSCE-ODIHR are conscious of the fact that the Law
was adopted in 2008. As part of the reform process in Tunisia following the revolution, there
is now an opportunity to establish an effective institution for the protection of human rights.
The present opinion aims to assist the Tunisian authorities in this task, it being understood
that the basic rules for the new institution will be part of the future Constitution.