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Resolution 1893 (2012) Final version
Political transition in Tunisia
1. In January 2011, the “Jasmine Revolution”
ended the authoritarian regime in Tunisia and paved the way for
democratic changes. The revolution also gave the impetus for the
Arab Spring – a wave of mass protest movements which sought to promote
freedom, dignity and equality in a number of countries in North
Africa and the Middle East.
2. In Resolutions
1791 (2011) and 1819
(2011) and Recommendation
1972 (2011) on the situation in Tunisia, the Parliamentary
Assembly gave its backing to the democratic aspirations of the Tunisian
people and affirmed its readiness to place its experience of accompanying
democratic transition at the disposal of Tunisia’s institutions
and civil society. It called on the Committee of Ministers and the
Secretary General of the Council of Europe to strive to help secure
a successful transition in Tunisia.
3. A year-and-a-half after the revolution, Tunisia is well advanced
in the reform process. Tunisians now enjoy the main democratic freedoms
denied to them under the former regime. However, democratic transition and
the achievement of conditions allowing people to lead a dignified
life – the goals that inspired the Tunisian revolution – will take
time.
4. The Assembly took particular note of the elections to the
National Constituent Assembly (NCA) held on 23 October 2011, which
it observed and which it hailed as free and well organised. These
elections conferred democratic legitimacy on the transition process
triggered by the revolution of January 2011. The NCA’s primary role
is to prepare and adopt the country’s new constitution within a
reasonable time frame. It also fulfils legislative responsibilities.
It elected the President of the Republic and passed a vote of confidence
in the new provisional coalition government.
5. The Assembly congratulates the Tunisians for having been the
first of the Arab Spring nations to endow itself with institutions
which, albeit provisional, derive their legitimacy from a democratic
and generally accepted process.
6. The Assembly hopes that the future constitution, which will
shape the political and institutional system for years to come,
will reflect, as far as possible, the expectations of the majority
of Tunisians and enshrine the universal values of respect for human
rights and fundamental freedoms, democracy and the rule of law.
It encourages the elected members of the NCA and civil society to
draw on the constitutional experience of the countries of Europe
and to take advantage of the expertise and advice offered by the
European Commission for Democracy through Law (Venice Commission),
in which Tunisia holds full membership.
7. The Assembly pays tribute to the efforts of Mr Beji Caïd Essebsi’s
interim government and the work done by the Higher Authority for
Realisation of the Objectives of the Revolution, Political Reform
and Democratic Transition, presided by Mr Yadh Ben Achour, as well
as the Independent High Authority for the Elections (ISIE) chaired
by Mr Kamel Jendoubi, to prepare the legal framework and material
conditions for holding elections. It encourages the new transitional
authorities to make full use of the intellectual potential and the
skills accumulated within these bodies to advance and consolidate
the reforms, including as regards the drafting of the new constitution.
8. The results of the elections held in October 2011, in which
the moderate Islamic party Ennahda obtained the largest number of
seats in the NCA, could cause fears of an Islamisation of the country
and of a limitation of freedoms. The Assembly notes nonetheless
that the Tunisians have learned to make use of the political freedoms
they won during the revolution and are ready to defend them against
any attempted restriction, and that the ruling coalition takes this
into account. The country’s politics are very dynamic and the various
political forces and popular movements are grouping together and
making themselves heard.
9. The Assembly particularly welcomes the active role played
by Tunisian civil society, which it regards as a key asset for transition.
It encourages civil society to remain vigilant and positively committed
to the reform process.
10. The Assembly notes that Tunisia’s new transitional authorities
still have to face a number of challenges:
10.1. the economic and social situation remains extremely difficult
in Tunisia and continues to have serious implications in terms of
political stability. Achieving a successful economic recovery, reversing the
growth in unemployment and restoring hope for a dignified life to
young people are key issues on which the success of the political
transition depends;
10.2. far-reaching reforms in the areas of justice and security
are necessary to restore the Tunisian people’s confidence in the
judiciary and the police, do justice to the victims of the former
regime, eradicate insecurity and impunity and thus re-establish
the authority of the State;
10.3. radical elements claiming to belong to the Salafi Islamist
movement are seeking to take advantage of both the newly won freedom
and a degree of instability of various State authorities in order to
impose on Tunisian society certain religious choices and practices
based on their own interpretation of religious doctrine, which may
jeopardise fundamental freedoms.
11. The Assembly, however, considers that, despite these challenges,
the transition process in Tunisia is on the right path. It reiterates
its full support and encourages all the country’s political forces
and civil actors to continue making a positive contribution to democratic
transition while seeking to maintain political stability.
12. The Assembly calls on the elected members of the NCA to:
12.1. intensify their efforts to ensure
that the Tunisian people are given, as soon as possible and in any case
no later than the deadlines agreed by the main forces represented
within the NCA, a constitution commensurate with the revolutionary
ideals and consistent with international constitutional standards and
practice, inter alia concerning:
12.1.1. guarantees of protection of human rights and fundamental
freedoms;
12.1.2. the abolition of the death penalty;
12.1.3. international treaties’ precedence over national law and
respect for the international treaties signed by Tunisia;
12.1.4. the effective separation of powers, including financial
and administrative autonomy of the future Tunisian Parliament;
12.1.5. the authorities’ transparency, periodic reappointment
and accountability;
12.1.6. guarantees of political pluralism;
12.1.7. the effective independence and impartiality of the judiciary;
12.1.8. gender equality and consolidation, and enhancement of
advances in the status of women;
12.1.9. the independence of the electoral body;
12.2. conduct the constitutional process in consultation with
civil society and political groups not represented within the NCA,
so as to ensure that the future constitution meets Tunisians’ expectations as
far as possible;
12.3. use the Venice Commission’s competence and experience
in these matters.
13. The Assembly expresses its satisfaction at the initial contacts
established with the NCA. It encourages the NCA to pursue these
contacts on a regular basis and to request partner for democracy
status. For its part, the Assembly intends to promote dialogue with
the NCA, to remain attentive to its practical needs in the legislative
and regulatory sphere, and to provide it with assistance through
a specific co-operation programme.
14. The Assembly calls on the Tunisian authorities to prepare
the institutional and legislative framework for the future elections
sufficiently in advance, taking account of the experience they gained
from the elections held in October 2011, and in particular to:
14.1. establish an independent electoral
body, including by drawing on the ISIE’s experience and skills;
14.2. compile accurate and complete electoral rolls;
14.3. train the staff of the electoral commissions;
14.4. ensure that the future electoral body interacts with civil
society and establishes international co-operation with other similar
bodies.
15. The Assembly is willing to observe future elections in Tunisia.
16. The Assembly welcomes the approval, by the Committee of Ministers,
of the “Neighbourhood Co-operation Priorities for Tunisia for the
period 2012-2014”, an action plan prepared by the Secretary General
of the Council of Europe, which includes a parliamentary dimension.
It resolves to monitor the implementation of this co-operation programme
between the Council of Europe and the Tunisian authorities.
17. The Assembly reiterates its call on the main international
partners of Tunisia, particularly the European Union, to provide
real support to stimulate the economy and tourism, and invites the
member and observer States of the Council of Europe to encourage
investments in the Tunisian economy and to support and facilitate the
economic, social and political development of Tunisia.
18. The Assembly calls on the authorities of the member and observer
States of the Council of Europe to speed up legal procedures for
the restitution to Tunisia of misappropriated assets and unlawfully
acquired property held abroad by the former President Ben Ali and
members of his entourage.
19. The Assembly encourages the parliaments of member States of
the Council of Europe and other parliamentary bodies to develop
co-operation with the National Constituent Assembly of Tunisia with
a view to sharing with it experiences in legislation and organisation.
20. Taking into account the crucial importance of Tunisia’s transition
for the democratic processes throughout the Mediterranean region
and the Middle East, and consequently for Europe, the Assembly decides to
continue to follow closely developments in Tunisia.