36/5 Report of the Working Group on the Universal Periodic Review - Tunisia

GE.17-11605(E)



Human Rights Council Thirty-sixth session

11-29 September 2017

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Tunisia

* The annex is being issued without formal editing, in the languages of submission only.

United Nations A/HRC/36/5

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its twenty-seventh session from 1 to 12

May 2017. The review of Tunisia was held at the 3rd meeting on 2 May 2017. The

delegation of Tunisia was headed by the Minister for Relations with Constitutional Bodies,

Civil Society and Human Rights, Mehdi Ben Gharbia. At its 10th meeting, held on 5 May

2017, the Working Group adopted the report on Tunisia.

2. On 13 February 2017, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Tunisia: Netherlands, Qatar and Rwanda.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents

were issued for the review of Tunisia:

(a) A national report submitted/written presentation made in accordance with

paragraph 15 (a) (A/HRC/WG.6/27/TUN/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)

(A/HRC/WG.6/27/TUN/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/27/TUN/3).

4. A list of questions prepared in advance by Belgium, Czechia, Germany, Mexico, the

Netherlands, Norway, Slovenia, Spain, Sweden, Switzerland and the United Kingdom of

Great Britain and Northern Ireland was transmitted to Tunisia through the troika. These

questions are available on the extranet of the universal periodic review.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The head of the delegation of Tunisia stated that the Government was determined to

make profound changes to the human rights situation in the country through reforms and

new laws. A new Constitution had been adopted in 2014 that enshrined fundamental

freedoms and other essential economic, social and cultural rights. There were significant

efforts under way to revise Tunisian legislation in order to bring it in line with the

Constitution and the State’s international obligations, and several mechanisms had been

created to promote good governance and to fight corruption and trafficking in persons. The

State’s cooperation with the OHCHR was positive and 15 special procedure mandate

holders had visited Tunisia since 2011. Civil society was an important partner for the

Government in all human rights activities. Although Tunisia was not safe from terrorism,

human rights were always respected; the security and armed forces systematically received

human rights training and impunity was continually monitored and addressed.

B. Interactive dialogue and responses by the State under review

6. During the interactive dialogue, 98 delegations made statements. Recommendations

made during the dialogue are to be found in section II of the present report.

7. The Sudan noted efforts to face the challenges of the transition to democracy and to

combat terrorism, reform the judiciary and promote social dialogue.

8. Sweden noted that, despite marked strides in the field of gender equality, reports of

sexual harassment and sexual violence persisted.

9. Switzerland welcomed the prohibition of torture contained in the new Constitution

but remained concerned about ongoing reports of torture and ill-treatment.

10. The Syrian Arab Republic welcomed the progress made in integrating human rights

into the State institutions and the role of the national media in achieving that goal.

11. Togo praised the adoption of the 2012-2016 strategic plan, which included measures

to strengthen the independence of the judiciary.

12. Turkey inquired about measures to increase the number of vocational training

centres and whether the Government envisaged a partnership with the private sector.

13. Uganda praised the establishment of several independent Constitutional bodies and

referred to the situation of vulnerable migrants.

14. Ukraine encouraged the State to harmonize the legislative framework, improve

living conditions for persons with disabilities and reform the social security system.

15. The United Arab Emirates commended the establishment of a national authority to

combat trafficking in persons and efforts to punish and prosecute perpetrators.

16. The United Kingdom of Great Britain and Northern Ireland encouraged the State to

make the Constitutional Court operational without delay.

17. The United States of America was concerned by the lack of transparency in the

investigation of recent reports of abuses by the security forces.

18. Uruguay raised concerns relating to the situation of women and gender equality.

19. Argentina raised the issue of discrimination against lesbian, gay, bisexual,

transgender and intersex persons and mentioned the creation of the Truth and Dignity

Commission.

20. Yemen commended efforts to establish a national preventive mechanism on torture

and the adoption of a plan to reform the judiciary.

21. Zambia noted the lack of steps taken to address domestic violence, violence against

women, marital rape and discrimination against women.

22. Zimbabwe praised the State’s national and midterm reports, as well as the open

invitation extended to special procedure mandate holders.

23. Algeria welcomed the 2014 Constitution and the establishment of new human rights

institutions and strategies.

24. Angola praised the ratification of most of the human rights instruments and the

withdrawal of the State’s reservations to the International Covenant on Economic, Social

and Cultural Rights.

25. The Bolivarian Republic of Venezuela welcomed the creation of the observatory on

equal opportunities.

26. Australia referred to the new Constitution as a milestone. It welcomed the creation

of the high authority for the prevention of torture.

27. Austria noted with appreciation that the Tunisian Human Rights League had been

part of the quartet that had won the 2015 Nobel Prize.

28. Azerbaijan enquired about the connection between the State and the independent

constitutional bodies.

29. Bahrain commended the positive cooperation with the Council mechanisms, as

indicated by the State’s acceptance of most of the recommendations made in the context of

the review cycle.

30. Bangladesh lauded the establishment of a national commission, attached to the

Prime Minister’s Office, for follow-up of human rights recommendations.

31. Belgium praised the State’s cooperation and engagement with international human

rights mechanisms, including the special procedures.

32. Botswana highlighted the importance of the independence of the judiciary in

protecting democracy and good governance.

33. Brazil commended the country’s openness to dialogue with civil society and the

democratic elections held in 2014.

34. Burkina Faso praised the progress achieved during the transition to democracy as

exemplary cooperation with human rights mechanisms.

35. Burundi congratulated Tunisia for the establishment of a National Commission for

the Coordination, Preparation and Submission of Reports and Follow-up to

Recommendations on Human Rights.

36. Canada welcomed the democratic progress achieved, including the incorporation of

human rights guarantees and protections into the 2014 Constitution.

37. In response to questions from Sweden and other countries regarding the alignment

of the Constitution with its international obligations, Tunisia stated that it planned to

establish a steering committee to make sure that all national laws were in line with

international conventions and to guarantee the sustainability of those efforts. Most

ministries were effectively engaged in those tasks. Multidisciplinary committees of judges,

academics, lawyers and civil servants had been established to put forward proposals on the

revision of laws, in order to align them with the Constitution. The revision of the Code of

Criminal Procedure, aligning it with the Constitution, included amendments to criminal

legislation on pretrial detention and the rights of detainees before trial, the provision of

rehabilitation services and the revision of the Code of Civil and Commercial Procedures.

Amendments to the Code of the Rights of the Child, in order to align it with article 47 of

the Constitution, included the introduction of provisions on the right of children to be

treated without any discrimination, child-friendly treatment during judicial procedures and

rehabilitation and integration services for child victims of crime, the treatment of children

in detention and the administration of places of detention.

38. The law on military courts had been revised before the adoption of Decree-law No.

69 of 2011 on the organization of military courts. A committee had been established under

the auspices of the Ministry of National Defence with the task of aligning national laws on

the organization of the military courts and the statute of military judges with the new

Constitution.

39. The Ministry of the Interior had prepared a bill to promote human rights within the

security services. Steps had been taken to revise the basic law on the national security

forces in order to regulate their work, ensure respect for the rule of law and give supremacy

to human rights. The project involved a comprehensive revision of the law, designed to

achieve the highest democratic standards, including the creation of a commission to

supervise places of detention and national security agencies. Moreover, after the revolution,

the Government had wished to ensure the swift revision of Act No. 4 of 1969, which

regulated demonstrations and public assemblies, because some of its provisions did not

comply with international norms. The revision process was ongoing, under the supervision

of the relevant government authority.

40. Article 26 of the 2014 Constitution guaranteed the right to political asylum within

the purview of the law. Tunisia had ratified the Convention relating to the Status of

Refugees of 1951 and the Organization of African Unity Convention Governing the

Specific Aspects of Refugee Problems in Africa. A bill on asylum had been drafted that

provided for the establishment of a body to monitor the living conditions of refugees. In the

meantime, the Office of the United Nations High Commissioner for Refugees was working

on the issue of how refugee status was defined and granted in Tunisia.

41. In response to a question from Norway on asylum and migration, Tunisia stated that

a national strategy on migration had been prepared with the participation of civil society.

The strategy was based on five points: strengthening governance in migration management;

guaranteeing the rights and interests of Tunisian migrants and strengthening the links

between them and the motherland; strengthening the contribution of migration to

socioeconomic development at the local, regional and national levels; promoting the regular

migration of Tunisians and preventing irregular migration; and protecting the rights of

foreign migrants and asylum seekers.

42. A national council of Tunisians abroad had been established under Act No. 68 of

2016 with the task of protecting the rights and interests of Tunisians abroad and

encouraging them to invest in Tunisia. A national migration observatory had also been

established to monitor migration flows and carry out research in that field. Regarding the

rights of migrants, a project on rationalizing labour migration governance and protecting

the rights of workers was being implemented with the support of the Government of

Switzerland. Consultations were also being held on the potential ratification of the

International Convention on the Protection of the Rights of All Migrant Workers and

Members of Their Families.

43. Regarding the right to freedom of assembly, the Government had prioritized the

preparation of a law on the organization of associations in a manner compatible with

international norms and standards. That approach would increase transparency with regard

to the financing of civil society organizations.

44. The Government had drafted a text on its accession to the Optional Protocol to the

Convention on the Rights of the Child on a communications procedure and on the accession

to the Council of Europe Convention on the Protection of Children against Sexual

Exploitation and Sexual Abuse. Following the revolution, the Government had withdrawn

the declaration and reservations that Tunisia had submitted on its accession to the

Convention on the Elimination of All Forms of Discrimination against Women in 1985

45. With regard to violence against women, article 46 of the Constitution stipulated that

the State must take all measures necessary to combat violence against women. In order to

implement those provisions, the Government had presented a bill to the Assembly of the

People’s Representatives on that subject in July 2016. This bill adopted a comprehensive

approach towards addressing the issue of violence against women from a human rights-

based perspective that guaranteed the right to dignity and the inviolability of a woman’s

body. It was also comprehensive in its approach to the elimination of gender-based violence

through prevention, protection, commitment and coordination. The initiative had been

examined by the committee on rights and fundamental freedoms of the Assembly of

People’s Representatives. In anticipation of that measure and the implementation of the

national strategy to eliminate violence against women, which had been relaunched in 2012,

five protocols had been signed in December 2016 to protect women victims of violence.

Since 2015, shelters had been available to women going through a divorce and those in

violent situations. Tunisia also planned to open a direct hotline to inform women about

access to assistance.

46. Chad welcomed numerous legislative and institutional measures to promote and

protect human rights and the participatory approach adopted by the National Commission

for the Coordination, Preparation and Submission of Reports and Follow-up to

Recommendations on Human Rights.

47. Chile welcomed reforms to promote gender equality and expressed concern about

the levels of discrimination and violence against women and about reports of torture in

detention.

48. China commended the State’s efforts to develop the country’s least developed

regions, improve living standards and reduce the gap between the rural and the urban

population.

49. The Congo encouraged Tunisia to redouble its efforts to harmonize its legislation

and regulations with the new Constitution and international legal instruments.

50. Costa Rica welcomed measures against torture and expressed concern about the fact

that the Government had not amended the Constitution to exclude the death penalty and

that same-sex sexual relations were criminalized.

51. Côte d’Ivoire welcomed the national mechanism to follow-up to recommendations

made by United Nations bodies and encouraged the Government to strengthen provisions to

fight the exploitation of vulnerable people and migrants.

52. Cuba highlighted legislative measures relating to the penitentiary system, the

creation of a national body to prevent torture and measures to fight racial discrimination.

53. Czechia welcomed the adoption of the 2014 Constitution, which provided a robust

human rights protection framework.

54. Denmark noted with concern discrimination and violence against lesbian, gay,

bisexual, transgender and intersex people, highlighting that article 230 of the Criminal

Code was a key obstacle to equal treatment.

55. Djibouti praised the adoption of the law against trafficking in persons, which was

also aimed at combating all forms of exploitation of women and children.

56. Egypt highlighted the 2014 Constitution and the legislative and institutional

measures adopted, as well as the implementation of a national strategy on the judiciary.

57. Ethiopia commended the reform of the judicial system and the law on human

trafficking and encouraged Tunisia to further strengthen its efforts to combat terrorism.

58. Finland welcomed the improvements relating to the transition to democracy and

highlighted the importance of allocating the necessary resources to its national human

rights institution.

59. France encouraged Tunisia to take all appropriate measures to implement the new

Constitution, to align its laws and judicial system and to effectively implement

constitutional justice.

60. Gabon welcomed measures to implement a legislative and institutional framework

that fostered human rights.

61. Georgia highlighted the adoption of the Constitution and encouraged the

Government to further mainstream human rights issues at all levels.

62. Germany expressed concerns about the implementation of constitutional safeguards

for all.

63. Ghana commended the open invitation to special procedure mandate holders issued

by Tunisia.

64. Greece encouraged Tunisia to continue its measures to ensure access to the labour

market, reduce unemployment, eliminate social disparities and improve the living

conditions of Tunisians.

65. Guatemala noted the need to harmonize the domestic legislative framework with the

Constitution and international norms and to provide sufficient resources to the

Constitutional Court.

66. Honduras highlighted the establishment of the Ministry of Human Rights and

Transitional Justice and the national mechanism to prevent torture.

67. Iceland noted with regret that anal examinations were used as the main source of

evidence to convict men for homosexuality and asked Tunisia how such a practice could be

deemed to be compatible with international human rights standards.

68. Indonesia welcomed the establishment of the national counter-terrorism commission

and the national financial analysis commission.

69. Iraq commended the Constitution, the open invitation to special procedure mandate

holders and the ratification of international human rights instruments.

70. Spain commended Tunisia for the progress made with regard to the protection of

human rights as a result of the adoption of the 2014 Constitution.

71. Italy welcomed the efforts made since the previous universal periodic review cycle.

It noted the adoption of the new Constitution and the law on human trafficking, among

others.

72. Japan noted the current state of emergency and the strengthened counter-terrorism

measures. It was concerned that the legal framework contained some measures that were

prejudicial to women.

73. Jordan appreciated the State’s willingness to develop a national strategy to combat

violence against women and to promote the rights of persons with disabilities and the steps

taken to combat trafficking in persons.

74. Kenya commended Tunisia for its efforts to implement previous review

recommendations.

75. Kuwait commended Tunisia for its efforts to promote political and democratic

freedom. Kuwait appealed to the international community to assist Tunisia with its

economic and social challenges in order to ensure the continued success of the transition to

democracy.

76. Kyrgyzstan was pleased to note that the 2014 Constitution contained human rights

norms. Kyrgyzstan welcomed the strengthening of the legislative and institutional

framework.

77. Lebanon welcomed the adoption of the new Constitution, which established a

democratic system. It applauded the pioneering role of women.

78. Libya noted progress in the implementation of recommendations from the previous

review cycle and the adoption of the new Constitution, which enshrined the State’s

attachment to human rights, dignity and constitutional justice.

79. Tunisia stated that it had signed the Optional Protocol to the Convention against

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, that it had

established a mechanism for the prevention of torture and was investigating gross human

rights violations. There had been a fall in the number of complaints. In 2013, around 492

cases had been reported, while by 2016, the number of complaints had fallen to 200.

Approximately 53 of those 200 complaints had been referred to the courts.

80. As part of the process of implementing the recommendations from the previous

universal periodic review cycle, the Ministry of Human Rights had organized a national

meeting on the repeal of the death penalty, which led to the adoption of article 22 of the

Constitution. The number of cases in which the death sentence had been handed down

currently stood at 26, with 35 cases still pending appeal. However, Tunisia had not enforced

the death penalty since 1991 and, in 2012, had supported General Assembly resolution

67/176 calling for a moratorium on the use of the death penalty.

81. Article 23 of the Constitution stipulated that the State protected human life and

condemned physical and psychological torture. That same article stipulated that it was not

possible to arrest a person and hold them in custody for an act that did not fall under the

provisions of a law or legal code. The Constitution also enshrined a statute of limitations

for crimes related to torture. At the end of 2014, in order to ensure the implementation of

those provisions, the Minister of Justice had issued guidelines on combating torture, with

the cooperation of a Danish anti-torture centre. The Optional Protocol to the Convention

against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was also

used for human rights training in prisons. Civil society actors, with the authorization of the

Ministry of Justice, could visit prisons and prisoners; in July 2015, the Government had

signed a memorandum of understanding in that regard with the Tunisian Human Rights

League. An agreement had also been signed allowing the Ministry of Women, Family

Affairs and Childhood to visit convicted minors and the Government was also reviewing

the Criminal Code to bring it in line with international standards, particularly with regard to

establishing a definition of torture and further strengthening guarantees during the period of

custody and arrest.

82. The Ministry of the Interior had passed a law abolishing its central unit for

detention, in order to put an end to all secret detentions and all types of torture and

mistreatment. The regional Red Cross committee in Tunisia, the Office of the United

Nations High Commissioner for Human Rights and the committee on fundamental

freedoms, whenever they were notified and without prior authorization, could visit

detention centres and meet detainees. They benefited in that regard from the legal

regulations governing detention. Between 2011 and 2017, over 70 such visits had been

registered.

83. The Minister of the Interior was implementing a project on improving the treatment

of prisoners in detention, in cooperation with the International Committee of the Red Cross

in Tunisia. There were 16 principles that were being followed to train the relevant

authorities in the proper treatment of prisoners and to improve the infrastructure of

detention centres. Guidelines had also been prepared on the United Nations Standard

Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).

84. Regarding overcrowding in prisons, 21,466 prisoners were serving sentences in 28

adult prisons and 5 prisons for juvenile delinquents. The space available to each prisoner

had increased from 1.22 m² to 1.86 m², as at December 2016. The infrastructure had been

developed by modernizing and renovating several prisons. Alternative punishments, such as

electronic bracelets, would become available. The penal system was being reformed to

reduce the number of crimes that carried prison sentences, including drug abuse offences.

To date, 14,323 prisoners had benefited from rehabilitation services.

85. A law on combating terrorism and money laundering had been adopted in 2015, a

national committee on combating terrorism and a national committee on combating money

laundering had been established and specialized courts had been set up to handle terrorism

cases. In 2016, a national strategy on combating terrorism and violent extremism had been

adopted by the President. New judges had been appointed to the specialized terrorism

courts and given training in the field of human rights and in respecting human rights while

combating terrorism.

86. All units investigating crimes of terrorism fell under the general oversight of the

judiciary and other bodies. The Minister of the Interior had adopted several measures to

dissuade young people from volunteering to fight in conflicts abroad and there were efforts

to raise awareness among young people of any activities that could be linked to terrorism.

While the law on combating terrorism did not cover the national armed forces, they were

involved in combating terrorism and crime in the military context. Policies on combating

terrorism were based on international law and on defence needs, taking into consideration

all the guarantees provided by international conventions and human rights law.

87. Liechtenstein welcomed steps to ensure accountability for past human rights

violations and efforts to combat violence against women. Liechtenstein was concerned by

attacks on human rights defenders and the harassment of journalists and artists.

88. Luxembourg congratulated Tunisia for its follow-up of recommendations from the

previous review cycle and for the human rights guarantees contained in the 2014

Constitution. It welcomed the creation of an institutional framework for the protection of

human rights.

89. Madagascar welcomed the establishment of the Ministry of Human Rights and

Transitional Justice and a national human rights body.

90. The Maldives commended the State’s commitment to improving its judicial system

and its efforts to combat torture, terrorism and human trafficking.

91. Mauritania highlighted the encouraging progress made with regard to standard-

setting and the institutional framework, including the adoption of legislative and

institutional measures since the previous review cycle.

92. Mauritius commended Tunisia for enshrining in its Constitution civil, political,

economic, social and cultural rights and the rights of women, children and persons with

disabilities.

93. Mexico praised the State’s efforts to maintain respect for institutions and its efforts

to consolidate democracy in the country.

94. Montenegro welcomed the ratification of the Optional Protocol to the Convention

against Torture and the establishment of the national preventive mechanism.

95. Morocco paid tribute to the State’s efforts to strengthen the national system through

the adoption, since the previous review cycle, of a new Constitution and the establishment

of many independent human rights bodies.

96. Mozambique commended Tunisia for having ratified 15 out of the 18 international

human rights instruments and for welcoming visits from 10 special procedure mandate

holders during the previous four years.

97. Namibia congratulated Tunisia for adopting a new Constitution in 2014 and for

implementing various measures aimed at reforming the judicial system.

98. The Netherlands expressed concerns about the absence of a law criminalizing all

forms of discrimination and incitement to hatred and violence based on sexual orientation

and gender identity.

99. Niger welcomed the new Constitution, which enshrined a republican and democratic

system based on the rights of the people, civil liberties and the rule of law.

100. Nigeria commended the implementation of the national integrated education strategy

and welcomed the establishment of a national commission to combat racial discrimination.

101. Norway welcomed the moratorium on the death penalty and commended the new

Constitution of 2014.

102. Oman welcomed the establishment of a culture of human rights and the

consolidation of the rule of law.

103. Pakistan commended the establishment of institutions necessary for the promotion,

protection and implementation of human rights.

104. Peru welcomed the achievements relating to the promotion and protection of human

rights and the promulgation of the new Constitution.

105. The Philippines commended the establishment of an independent human rights

commission and other bodies relating to the prevention of torture, access to information and

human trafficking.

106. Poland commended efforts to promote human rights, particularly measures aiming to

prevent discrimination, promote equal opportunities, combat violence against women and

increase women’s representation in public life.

107. Portugal was concerned about the discrimination and violence that women faced.

108. Qatar welcomed measures to promote human rights mechanisms and commended

the adoption of the Constitution in 2014.

109. The Republic of Korea commended the 2014 Constitution, the steps taken to ensure

an independent judiciary and the establishment of a national human rights commission.

110. Romania commended Tunisia for the broad range of measures on human rights that

had been adopted since the second review cycle.

111. Rwanda commended Tunisia for the significant progress it had made in improving

the social and economic status of its citizens.

112. Saudi Arabia commended the ongoing efforts made by Tunisia to implement the

recommendations that it had received during the second review cycle and the human rights

measures it had implemented.

113. Senegal noted with satisfaction the adoption of the 2014 Constitution and the fact

that Tunisia had created the foundations for a democratic State that promoted human rights

and public freedoms.

114. Sierra Leone urged Tunisia to expedite the establishment of the Constitutional Court

to safeguard the rights enshrined in the new Constitution of 2014.

115. Slovenia encouraged Tunisia to keep the de facto moratorium on the death penalty in

place and to continue its efforts to completely abolish capital punishment.

116. South Africa welcomed the fact that the Constitution of 2014 included a specific

chapter on independent constitutional bodies seeking to support democracy.

117. South Sudan noted with appreciation the adoption of the Constitution of 2014 and

the steps taken by the Government to strengthen its institutional framework.

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 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).

125.3 Envisage completing the process of adhesion to the Optional Protocol

to the Convention on the Rights of the Child on a communications procedure,

in order to facilitate individual complaints in case of violations of the rights of

children, and to the Council of Europe Convention on the Protection of

Children against Sexual Exploitation and Sexual Abuse (Burkina Faso);

125.4 Ratify the Optional Protocol to the Convention on the Rights of the

Child on a communications procedure (Sierra Leone);2

125.5 Ratify the Protocol to the African Charter on Human and Peoples’

Rights on the Rights of Women in Africa (Uganda);

125.6 Align the legislative amendments to the Constitution with the

Convention on the Elimination of All Forms of Discrimination against Women,

reforming the laws that are discriminatory to women (Uruguay);

125.7 Accelerate the alignment of national legislation with a bearing on

human rights to the new Constitution, which was adopted in 2014, including

provisions relating to the prevention and criminalization of violence against

women and children (Zimbabwe);

125.8 Ratify the Protocol to the African Charter on Human and Peoples’

Rights on the Rights of Women in Africa (Madagascar);

125.9 Pursue ongoing cooperation with human rights mechanisms (Saudi

Arabia);

125.10 Adopt an open, merit-based selection process when selecting national

candidates for United Nations treaty body elections (United Kingdom of Great

Britain and Northern Ireland);

125.11 Continue with the establishment of legal and independent bodies

including the Constitutional Council (Sudan);

125.12 Without further delay, take steps to adopt the laws called for in its

Constitution to safeguard the unique status of independent agencies in Tunisia

(Sweden);

125.13 Ensure the compliance of its legislation, especially the Code of Personal

Status and the Criminal Code, with articles 21 and 46 of its Constitution and

international human rights obligations (Switzerland);

125.14 Accelerate the ongoing process to harmonize existing legislation with

the Constitution (Angola);

125.15 Take all the necessary steps to resolve the divergences in the

interpretation of the legal text on the Supreme Judicial Council and ensure that

such interpretation is in accordance with the provisions of the Constitution

(Botswana);

125.16 Continue the harmonization of legal frameworks in line with

Constitutional texts (Iraq);

125.17 Fully implement the ideals of the new Constitution, including the

initiation of Constitutional Court proceedings (Japan);

125.18 Create and ensure the functioning of Constitutional bodies, such as

institutions on human rights and good governance, as well as the Constitutional

Court (Portugal);

2 The recommendation, as read out, was: “Ratify the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families, as well as the Optional Protocol to

the Convention on the Rights of the Child on a communications procedure” (Sierra Leone).

125.19 Continue efforts to bring national legislation relevant to human rights

in line with the Tunisian Constitution and its international human rights

obligations (Qatar);

125.20 Continue the establishment of constitutional bodies by completing the

legislative process and enacting adequate legislation in this regard (Romania);

125.21 Quickly establish the Constitutional Court and expedite the revision of

laws that are incompatible with the Constitution and international human

rights standards (Guatemala);

125.22 Continue the process of harmonizing national legislation, including the

Criminal Code and Code of Criminal Procedure, with the Constitution and

international human rights instruments ratified by Tunisia (Italy);

125.23 Continue to bring its legislation into compliance with the Constitution

as well as with ratified international instruments (Madagascar);

125.24 Continue to take effective measures to align its legal system with its

new Constitution and with the relevant international human rights instruments

(Namibia);

125.25 Revise comprehensively its national legislation in order to bring it in

line with its Constitution and with the Convention on the Elimination of All

Forms of Discrimination against Women (Honduras);

125.26 Harmonize legislation that discriminated against women with the

Constitution and the Convention on the Elimination of All Forms of

Discrimination against Women (Kyrgyzstan);

125.27 Continue to finalize the establishment of the Constitutional Court and

expedite the overhaul of the laws that are inconsistent with the Constitution

and international human rights standards so as to expand on the environment

that is conducive for the further implementation of recommendations made in

the context of the universal periodic review (Kenya);

125.28 Continue to work towards modernizing legislation in line with the new

Tunisian Constitution and complete the implementation of recommendations

from the first session of the universal periodic review (Kuwait);

125.29 Accelerate the creation of the Constitutional Court and the

Constitutional bodies, ensuring that they and other institutions, including the

National Authority for the Prevention of Torture, are independent, adequately

resourced and swiftly operational (United Kingdom of Great Britain and

Northern Ireland);

125.30 Reform the National Council for Social Dialogue (Cuba);

125.31 Ensure the effective and independent functioning of the national

preventive mechanism under the Optional Protocol to the Convention against

Torture (Czechia);

125.32 Continue efforts to strengthen its democratic institutions and values

and develop comprehensive national human rights policies to embrace all

economic and social domains, such as education, health, the environment and

poverty eradication programmes and support their implementation (Pakistan);

125.33 Adopt human rights capacity-building and training programmes for

law enforcement officials (Chile);

125.34 Take into account the concerns of Tunisian civil society in the context

of the future law on national reconciliation (Luxembourg);

125.35 Ensure coherence with the mandates of the national preventive

mechanism in the establishment process of the new national human rights

institution (Ghana);

125.36 Finalize the establishment of a new national human rights institution in

compliance with the principles relating to the status of national institutions for

the promotion and protection of human rights (the Paris Principles) (Kenya);

125.37 Step up efforts towards the completion of the institutional framework

for the promotion and protection of human rights, including the formulation of

a national human rights action plan (Philippines);

125.38 Continue work on raising awareness and enhancing training and

capacity-building in the field of human rights for government institutions,

particularly internal security services and military forces, in accordance with

international standards (Qatar);

125.39 Continue to strengthen human rights training for police and local

government officials, especially on interrogation and investigation methods.

Developments in the legal framework take much training and effort to translate

into actual practice (Republic of Korea);

125.40 Criminalize racism, in line with international commitments

(Kyrgyzstan);

125.41 Criminalize racism, in line with international commitments (Ukraine);

125.42 Accelerate the process of adopting a relevant legislative and regulatory

framework for combating racial discrimination (Congo);

125.43 Adopt a legislative framework ensuring protection against all forms of

offences motivated by prejudice (Côte d’Ivoire);

125.44 Continue efforts to promote gender equality (Jordan);

125.45 Continue with its efforts to improve the conditions of persons with

disabilities, in particular through support for reasonable accommodation in the

workplace as well as access to education countrywide (Mexico);

125.46 Criminalize racial discrimination and enforce laws which protect the

rights of the black population (Sierra Leone);

125.47 Adopt a law prohibiting racial discrimination, including criminalizing

such behaviour (South Africa);

125.48 Immediately cease the practice of forced anal examinations of lesbian,

gay, bisexual, transgender and intersex persons, which are contrary to its

obligations under the Convention against Torture (Ireland);

125.49 Continue its efforts in the less developed regions by encouraging

development and investment (Libya);

125.50 Continue efforts to pursue the legislative efforts of the sustainable

development commission for future generations (Saudi Arabia);

125.51 Enhance efforts to fight terrorism and continue raising awareness to

fight against extremism (Syrian Arab Republic);

125.52 Ensure security measures under the state of emergency or counter-

terrorism laws and maintain the human rights of suspects, detainees and their

families (United States of America);

125.53 Create a law or guidelines to end the use of excessive force against

individuals suspected of involvement in terrorist activities, improve pretrial

detention conditions, install video cameras in places of detention and ensure

access to legal services without delay (Canada);

125.54 Continue efforts to combat terrorism (Iraq);

125.55 Ensure the existence of scientific, intellectual, legal, social and

economic programmes to raise awareness about the risk of terrorism at all

levels (Iraq);

125.56 Continue efforts to implement the national strategy for combating

terrorism and violent extremism (Libya);

125.57 Continue its efforts to implement its strategy to combat terrorism and

violent extremism in conjunction with all relevant authorities (Oman);

125.58 Ensure respect for human rights while combating terrorism by

ensuring the right to a fair trial and due process and freedom of expression

(Peru);

125.59 Pass comprehensive and specific legislation on violence against women

that contains both criminal and civil provisions (Zambia);

125.60 Establish within the new law civil remedies, including comprehensive

protection orders that are part of the Code of Civil Procedure, instead of being

integrated into the Criminal Code (Zambia);

125.61 Pursue its reform of the security sector (Luxembourg);

125.62 Continue with security sector reform to ensure appropriate training

and oversight mechanisms are in place (Australia);

125.63 Ensure all allegations of excessive use of force or other security force

abuses are investigated in a prompt, effective and independent manner (United

States of America);

125.64 Continue dialogue at the national level, with a view to reaching

consensus to abolish the death penalty in the Constitution (Costa Rica);

125.65 Promote a national debate on the abolition of the death penalty (Italy);

125.66 Maintain its de facto moratorium on the use of the death penalty with a

view to its total abolition (Rwanda);

125.67 Facilitate a public debate on the death penalty, with input from the

Human Rights Commission, other relevant constitutional bodies and civil

society, with a view to ratification of the Second Optional Protocol to the

International Covenant on Civil and Political Rights (Ireland);

125.68 Step up its efforts to prevent torture and ill-treatment by ensuring that

allegations of torture and ill-treatment are systematically investigated and the

perpetrators are prosecuted and punished and that victims are compensated in

an adequate and equitable manner (Switzerland);

125.69 Take the necessary measures to fight torture more effectively (Togo);

125.70 Take measures aimed at eliminating torture and other forms of ill-

treatment (Ukraine);

125.71 Bring the definition of torture in Tunisian law in line with the

Convention against Torture and focus on best practice and human rights

training for police and security personnel (Austria);

125.72 Adopt measures to secure the independent and effective investigation

of allegations of torture by the police, in compliance with the Manual on the

Effective Investigation and Documentation of Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol)

(Czechia);

125.73 Take all necessary measures to render effective the prosecution and

sentencing of perpetrators of torture and ill-treatment (France);

125.74 Strengthen the independence of the national mechanism for the

prevention of torture and other forms of ill-treatment, including through the

provision of a separate and adequate budget (Germany);

125.75 Bring the definition of torture in line with the requirements of the

Convention against Torture (Ghana);

125.76 Adopt the decrees on the national preventive mechanism and ensure its

financial and administrative independence (Ghana);

125.77 Allocate sufficient resources to ensure the effective implementation of

the torture prevention mechanism (Madagascar);

125.78 Ensure accountability for all acts of torture that occur within the

framework of the fight against terrorism (Netherlands);

125.79 Further its efforts to ban torture and other ill-treatment in conformity

with international human rights standards, while combating terrorism

(Norway);

125.80 Continue efforts to implement the comprehensive national strategy

against human trafficking adopted under Act No. 621 of 2016 (United Arab

Emirates);

125.81 Expand efforts to combat human trafficking and ensure protection for

victims (Jordan);

125.82 Continue to strengthen measures to combat human trafficking and

child labour (Sri Lanka);

125.83 Continue a dialogue with all States on the basis of mutual respect,

equal sovereignty and the right of people to choose their political, economic and

social system (Syrian Arab Republic);

125.84 Continue its efforts in order to promote human rights and public

liberties (Yemen);

125.85 Strengthen its democratic election processes through the effective

implementation of recommendations from the final report of the European

Union Election Observation Mission to Tunisia in 2014 (Czechia);

125.86 Strengthen the implementation of legislation in the areas of freedom of

expression, access to information and non-discrimination and ensure that all

relevant laws are fully in line with the Constitution (Czechia);

125.87 Replace decrees No. 115 and No. 116 from 2011 on press and

audiovisual communication with legislation that is in line with article 65 of the

Constitution relating to information, the press and publishing, and article 127

of the Constitution (Denmark);

125.88 Strengthen legislation on freedom of expression and conscience

(Lebanon);

125.89 Continue enhancing freedom of information and the rights of

journalists (Lebanon);

125.90 Align the legal framework applicable to freedom of the press and

publication and to audiovisual communication with applicable international

standards (Romania);

125.91 Adopt measures to ensure the protection of free speech and freedom of

the press, ensuring that human rights defenders can carry out their legitimate

activities (Spain);

125.92 Accelerate the implementation of the laws on the freedom of

expression, assembly and association and to ensure alignment with

international standards, including under possible emergency measures

(Finland);

125.93 Ensure a conducive environment for human rights defenders to carry

out their legitimate activities without fear or undue hindrance (South Africa);

125.94 Carry out prompt investigations into all threats and attacks targeting

human rights defenders and guarantee that those responsible are brought to

justice and punished in a manner commensurate with the gravity of their acts

(Liechtenstein);

125.95 Bring all legislation concerning communication surveillance in line

with international human rights standards, and especially ensure that all

communications surveillance requires a test of necessity and proportionality

(Liechtenstein);

125.96 Take the necessary measures to expedite the work of the High Judicial

Council (Syrian Arab Republic);

125.97 Continue its efforts to further advance its justice system (Azerbaijan);

125.98 Continue the task of completing the special institutional framework in

the areas of judiciary and independent bodies (Jordan);

125.99 Deepen the process of ensuring effective reparation for the wounded

and the families of those killed during the revolution by providing adequate

medical support and rehabilitation (Argentina);

125.100 Reinforce the implementation of alternative sentencing measures to

reduce overcrowding in prisons for short- and medium-term detention

(Angola);

125.101 Enhance the rights of prisoners by adopting measures that include

reducing overcrowding in prison facilities, adopting alternative measures to

pretrial detention and ensure fair treatment during judicial proceedings at all

stages, in line with international treaties (Kenya);

125.102 Continue efforts to implement the plan of action for judicial reform

and prison systems (Morocco);

125.103 Make further efforts to protect civil rights in judicial procedures,

including by ensuring immediate access to an attorney upon arrest (Republic of

Korea);

125.104 Continue its efforts to fight against unemployment and prioritize

adequate housing and access to water (Sudan);

125.105 Promote social dialogue and ensure that the conclusions of the dialogue

are implemented (Sudan);

125.106 Strengthen its efforts to reduce extreme poverty, exclusion and

marginalization (Zimbabwe);

125.107 Enforce the economic independence of women and vulnerable groups

by adopting appropriate plans to combat poverty (Algeria);

125.108 Give priority to the elimination of poverty and strive to reduce

unemployment and to improve people’s living standards (China);

125.109 Diversify interventions in order to decrease the incidence of poverty

(Cuba);

125.110 Continue efforts to safeguard cultural, social and economic rights,

including in the least developed regions (Egypt);

125.111 Further intensify the Government’s activities to boost youth

employment (Ethiopia);

125.112 Redouble its efforts in guaranteeing the right to work and the equality

of all workers in the public sector, without discrimination (Indonesia);

125.113 Guarantee the right to work and equality of all public sector workers

and ensure that their human dignity is respected without gender-based

discrimination (Central African Republic);

125.114 Stress and promote access to health services, including by training

medical staff (Syrian Arab Republic);

125.115 Continue strengthening the health-care infrastructure (Bolivarian

Republic of Venezuela);

125.116 Continue to enhance the effectiveness of measures taken to improve

access to health services in remote and rural areas (Libya);

125.117 Continue implementing the national strategy to enhance access to

health services in rural areas (State of Palestine);

125.118 Accelerate the adoption of the draft law on narcotics, which exempts

from criminal prosecution any consumer requiring medical follow-up (Gabon);

125.119 Ensure broad access to health services, including reproductive health

services, especially to young people (Luxembourg);

125.120 Expand family planning services in order to reduce significantly

maternal mortality, which remains high especially in rural areas (Burkina

Faso);

125.121 Continue efforts to ensure universal access for Tunisian women to

sexual and reproductive health-care services, especially during pregnancy

(Slovenia);

125.122 Continue progress in the implementation of the mandatory and free-of-

cost year of primary school (Bolivarian Republic of Venezuela);

125.123 Continue investments to improve public education and public services

and facilities (Philippines);

125.124 Continue efforts to strengthen the education system, in particular

access to education in rural areas (South Sudan);

125.125 Consider including human rights education in its school programmes

(Mauritius);

125.126 Develop a national plan to encourage girls to remain in school,

especially in disadvantaged regions of the country (Maldives);

125.127 Actively develop education, especially basic education, and provide

greater support to schools in rural areas (China);

125.128 Continue to give more attention to boys, girls and women in public

policies, especially in the area of education (Senegal);

125.129 Continue to promote women’s rights, especially in rural areas

(Djibouti);

125.130 Focus on human rights in general and the rights of women in

particular (Oman);

125.131 Further intensify its efforts in the implementation of laws and policies

aimed at promoting and protecting the rights of women, children and other

vulnerable groups (Pakistan);

125.132 Adopt legislative and policy measures to combat discrimination on the

basis of gender and against children and persons with disabilities (Chile);3

125.133 Provide material and moral support for the Centre for Research,

Studies, Documentation and Information on Women in order to preserve and

promote the rights of women in Tunisia (United Arab Emirates);

125.134 Continue consolidating the National Prevention Strategy to sanction all

forms of exploitation, especially against women, to protect victims and provide

them with assistance (Bolivarian Republic of Venezuela);

3 The recommendation, as read out, was: “Adopt legislative and policy measures to combat

discrimination on the basis of gender and against children and persons with disabilities, and

discrimination based on sexual orientation and gender identity” (Chile).

125.135 Reinforce its national policy for gender equity and equality (Côte

d’Ivoire);

125.136 Align national legislation with international instruments on the

protection of the rights of women and in favour of the principle of gender

equality, in particular by promoting access for women to jobs, increasing their

participation in political and economic life and ensuring wage equality between

men and women (Mexico);

125.137 Put in place programmes to fight against poverty and job insecurity,

through strengthening the economic empowerment of women (Central African

Republic);

125.138 Eliminate all legislative provisions that perpetuate discrimination

against women and adopt a comprehensive law on violence against women

(Spain);

125.139 Promote legislation that is in keeping with the Convention on the

Elimination of All Forms of Discrimination against Women, including on

preventing violence against women (Japan);

125.140 Work toward eliminating any loopholes in national legislation that

might undermine the protection of women’s rights and the principle of gender

equality, including on domestic violence and marital rape (Rwanda);

125.141 Take further steps in order to encourage women’s access to work and

eliminate the gender pay gap (Poland);

125.142 Adopt a comprehensive law on violence against women and girls that

addresses the importance of consent and provides adequate protection for

victims and appropriate penalties for perpetrators (Sweden);

125.143 Amend or repeal articles 227 and 239 of the Criminal Code to explicitly

criminalize marital rape and redefine rape in line with international standards

(Sweden);

125.144 Continue its efforts to fight discrimination and violence against women

(Turkey);

125.145 Put in place specific legislation to address violence against women,

which to date remains generally covered under the Criminal Code (Uganda);

125.146 Expedite the adoption of the law to combat violence against women

(Ukraine);

125.147 Amend the Criminal Code to abolish provisions allowing a perpetrator

of sexual violence to escape prosecution by marrying the victim or allowing the

prosecution, trial or execution of the sentence to be dropped when the victim

retracts the complaint and explicitly criminalize marital rape (Zambia);

125.148 Strengthen existing legislation to effectively eliminate gender-based

violence, including domestic violence, with a view to better protecting victims

and holding perpetrators accountable (Austria);

125.149 Continue to address violence against women including measures to

ensure that domestic violence and rapes are duly reported (Bangladesh);

125.150 Accelerate the adoption of a general law on violence against women

and girls criminalizing all forms of violence, including domestic violence and

marital rape and guarantee access to justice (Belgium);

125.151 Repeal articles 227 bis and 239 of the Criminal Code to prevent

perpetrators of rape and abduction from avoiding prosecution by marrying

their adolescent victims (Belgium);

125.152 Adopt specific legislation aiming at the elimination of violence against

women, in line with international standards, which adequately addresses the

dimensions of prevention, protection and assistance (Brazil);

125.153 Repeal article 227 of the Tunisian Criminal Code, which allows rape

offenders to escape justice if they marry their victims (Canada);

125.154 Adopt a legal framework to fight violence against women, which

establishes sanctions for these acts, ensures access to justice for victims and

establishes a system for their protection, compensation and rehabilitation

(Chile);

125.155 Take the necessary measures to combat violence against women and

discrimination in employment (France);

125.156 Intensify efforts to bring domestic legislation in line with international

standards to combat all forms of violence and discrimination against women

and girls (Georgia);

125.157 Amend the Criminal Code to explicitly criminalize marital rape, to

abolish provisions allowing a perpetrator of sexual violence to escape

prosecution by marrying the victim (Criminal Code, article 227 bis)

(Germany);

125.158 Adopt a comprehensive law on combating all forms of violence against

women, including domestic violence and marital rape (Honduras);

125.159 Expedite the adoption of the law to combat violence against women

(Kyrgyzstan);

125.160 Expedite the adoption of the law to combat violence against women and

ensure that it makes all forms of violence against women a criminal offence,

including domestic violence and marital rape, and amend the provisions of the

Criminal Code in order to eliminate any possibility of impunity for the

perpetrators of violence against women (Liechtenstein);

125.161 Train members of the judiciary and law enforcement officials to make

them aware of all types of violence against women, and strengthen public

awareness campaigns (Liechtenstein);

125.162 Pursue the process of adoption of the basic law concerning the

elimination of violence against women (Morocco);

125.163 Adopt laws that criminalize all forms of violence against women and

girls and review criminal procedures to end impunity for such violations

(Portugal);

125.164 Ensure the swift implementation and enforcement of legislation

criminalizing all forms of violence against women, including domestic violence

(Sierra Leone);

125.165 Adopt a comprehensive national policy on the protection of women

against all forms of violence and the creation of a supportive environment for

women victims of violence by reviewing and strengthening the legal framework

(South Africa);

125.166 Adopt the comprehensive law on violence against women and girls

(Central African Republic);

125.167 Introduce positive discrimination measures to promote women’s access

to work (Ukraine);

125.168 Strengthen the participation of women in decision-making circles and

leadership positions and enable them to play a role in all fields of development

(Bahrain);

125.169 Continue reinforcing and promoting women’s rights and women’s

participation in cultural, social and economic life (Egypt);

125.170 Increase the participation of women in decision-making positions and

in the political and public spheres (Indonesia);

125.171 Continue efforts to improve the status of women and promote gender

equality at all levels, thereby enhancing women’s contribution to the

development process (Sri Lanka);

125.172 Continue to implement strategies and plans and to increase women’s

participation in decision-making positions in the public sector (State of

Palestine);

125.173 Continue its efforts with regard to child protection and implement an

independent mechanism to monitor children’s rights so as to prevent violations

of existing regulations and legislation (Maldives);

125.174 Continue to reform laws to ensure that no one, especially children, will

be left stateless (Kenya);

125.175 Pursue measures adopted to establish a plan of action to combat child

labour, in cooperation with the International Labour Organization (ILO)

(Djibouti);

125.176 Enhance its efforts to promote the human rights of persons with

disabilities in all fields (Algeria);

125.177 Continue reinforcing the enjoyment by people with disabilities of all

their political, social and economic rights (Bahrain);

125.178 Step up protection for persons with disabilities with a rights-based

approach in order to ensure their full integration into society (Spain);

125.179 Protect the economic, social and cultural rights of Amazigh minorities

(Peru);

125.180 Strengthen national legislation with regard to the rights of domestic

workers (Uruguay);4

125.181 Expedite the Government’s responsibility in combating terrorism and

violent extremism (Ethiopia);

125.182 Give greater consideration to the protection of human rights during

judicial processes related to terrorism (Japan).

126. The following recommendations will be examined by Tunisia, which will

provide responses in due time, but no later than the thirty-sixth session of the Human

Rights Council:

126.1 Analyse the ratification of the ILO Domestic Workers Convention, 2011

(No. 189) (Uruguay);4

126.2 Expedite the adoption of the asylum bill which is pending before the

National Assembly (Uganda);

126.3 Repeal the provisions of the Personal Status Code which prohibit the

children of women who have remarried from living with them (Canada);

126.4 Strengthen mechanisms for detaining, identifying and providing

assistance to vulnerable migrants at borders, in full compliance with

international law (Guatemala);

126.5 Decriminalize the irregular crossing of borders and strengthen

mechanisms for detecting, identifying and assisting vulnerable migrants on the

borders, including minors, possible asylum seekers and victims of human

trafficking (Mexico);

4 During the interactive dialogue, the recommendation was read as follows: Analyse the ratification of

the ILO Domestic Workers Convention, 2011 (No. 189) and strengthen national legislation with

regard to the rights of domestic workers (Uruguay).

126.6 Take measures in order to strengthen the mechanisms to detect, identify

and assist vulnerable migrants at the border, including minors, potential

asylum seekers and victims of trafficking (Nigeria);

126.7 Adopt measures to promote and protect the rights of migrants and

ensure that unaccompanied minors and families with children are not detained

(Nigeria);

126.8 Expeditiously ratify the Kampala amendments to the Rome Statute of

the International Criminal Court on the crime of aggression (Liechtenstein);

126.9 Ensure the protection of lesbian, gay, bisexual, transgender, queer and

intersex persons from all forms of stigmatization, discrimination and violence

and abstain from random testing (Luxembourg);

126.10 Develop public awareness programmes to address stigmatization of

lesbian, gay, bisexual, transgender and intersex persons (Ireland);

126.11 Establish an interreligious council to facilitate interreligious dialogue

and harmony (Sierra Leone).

127. The recommendations formulated during the interactive dialogue/listed below

have been examined by Tunisia and have been noted by Tunisia:

127.1 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Sierra Leone);5

127.2 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Turkey);

127.3 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Honduras);

127.4 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Kyrgyzstan);

127.5 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Niger);

127.6 Ratify promptly the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families (Guatemala);

127.7 Adhere to the International Convention on the Protection of the Rights

of All Migrant Workers and Members of Their Families (Congo);

127.8 Consider ratifying the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families (Bangladesh);

127.9 Consider ratifying the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families (Senegal);

127.10 Consider ratifying the International Convention on the Protection of

the Rights of all Migrant Workers and Members of Their Families (Indonesia);

127.11 Continue the process of ratifying the international conventions to

which the State is not yet a party, in particular the International Convention on

the Protection of the Rights of All Migrant Workers and Members of Their

Families (Gabon);

127.12 Ratify the International Convention on the Rights of All Migrant

Workers and Members of Their Families and the ILO Domestic Workers

Convention, 2011 (No. 189) (Philippines);

5 The recommendation, as read out, was: “Ratify the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families, as well as the Optional Protocol to

the Convention on the Rights of the Child on a communications procedure” (Sierra Leone).

127.13 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights (Montenegro);

127.14 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights (Portugal);

127.15 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights (Togo);

127.16 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty

(Montenegro);

127.17 Re-consider ratification of the Second Optional Protocol to the

International Covenant on Civil and Political Rights, aiming at the abolition of

the death penalty (Slovenia);

127.18 Consider withdrawing the general declaration to the Convention on the

Elimination of All Forms of Discrimination against Women (Peru);6

127.19 Continue to develop a national strategy, through the national authority

to combat human trafficking, and, as part of that strategy, to ratify the

Protocol of 2014 to the Forced Labour Convention, 1930 (United Kingdom of

Great Britain and Northern Ireland);

127.20 Adopt appropriate measures to abolish the death penalty (Togo);

127.21 Consider abolishing the death penalty (Mozambique);

127.22 Continue to take practical steps to expedite the abolition of the death

penalty (Namibia);

127.23 Formally abolish the death penalty, with a view to ratifying the Second

Optional Protocol to the International Covenant on Civil and Political Rights

(Australia);

127.24 Abolish the death penalty and consider withdrawing reservations

submitted by Tunisia to the Second Optional Protocol to the International

Covenant on Civil and Political Rights as announced by the Government

(Austria);

127.25 Abolish the death penalty and ratify the Second Optional Protocol to

the International Covenant on Civil and Political Rights (Spain);

127.26 Abolish the death penalty and ratify the Second Optional Protocol to

the International Covenant on Civil and Political Rights, aiming at the abolition

of the death penalty (France);

127.27 Abolish capital punishment and ratify the Second Optional Protocol to

the International Covenant on Civil and Political Rights (Portugal);

127.28 Abolish the death penalty in conformity with the Second Optional

Protocol to the International Covenant on Civil and Political Rights (Iceland);

127.29 Abolish the death penalty in its Constitution. Despite a de facto

moratorium, people continue to be sentenced to death (Luxembourg);

127.30 Review its anti-terrorism law and Criminal Code to definitively abolish

the death penalty and ratify the Second Optional Protocol to the International

Covenant on Civil and Political Rights (Norway);

6 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).

127.31 Decriminalize same-sex relations between consenting adults by

repealing article 230 of the Criminal Code (Denmark);

127.32 Amend or repeal article 230 of the Criminal Code to end

criminalization of same-sex sexual relations (Sweden);

127.33 Amend article 230 of the Criminal Code to end criminalization of

same-sex sexual relations (United States of America);

127.34 Repeal article 230 of the Criminal Code criminalizing same-sex sexual

relation (Belgium);

127.35 Abolish article 230 of the Criminal Code that criminalizes

homosexuality (Netherlands);

127.36 Repeal article 230 of the Tunisian Criminal Code and eliminate

discriminatory practices based on sexual orientation and gender identity, such

as anal inspections (Canada);

127.37 Modify or repeal article 230 of the Criminal Code in order to

decriminalize same-sex relations between consenting adults (Germany);

127.38 Repeal articles 236 and 230 of the Criminal Code to put an end to the

criminalization of adultery and same-sex relationships, as well as to methods of

collecting evidence that constitute a violation of the dignity and physical

integrity of persons (France);

127.39 Derogate article 230 of the Criminal Code (Costa Rica);

127.40 Repeal article 230 of the Criminal Code (Ireland);

127.41 Repeal article 230 of the Criminal Code, which criminalizes same-sex

relations between consenting adults and discontinue the practice of forced anal

exams to prove homosexual behaviour (Norway);

127.42 Implement additional measures aimed at eliminating discrimination

and violence based on sexual orientation (Brazil);

127.43 Eliminate all legislation that penalizes and criminalizes same sex

relationships as well as all discriminatory legislation as a result of sexual

orientation (Spain);

127.44 Repeal legislation criminalizing consensual sexual conduct between

same-sex adults (Iceland);

127.45 Take steps to prevent the harassment or discrimination of lesbian, gay,

bisexual, transgender and intersex persons and prosecute perpetrators

(Iceland);

127.46 Take all necessary measures to prevent, investigate and prosecute

violence against lesbian, gay, bisexual, transgender and intersex persons

(Ireland);

127.47 Take immediate measures to derogate from norms that criminalize and

stigmatize lesbian, gay, bisexual, transgender and intersex persons and

investigate and sanction the perpetrators of acts of discrimination and violence

against them (Argentina);

127.48 Introduce legislation to protect against discrimination based on sexual

orientation, gender identity and intersex status (Australia);

127.49 Adopt legislative and policy measures to combat discrimination based

on sexual orientation and gender identity (Chile);7

7 The recommendation, as read out, was: “Adopt legislative and policy measures to combat

discrimination on the basis of gender and against children and persons with disabilities, and

discrimination based on sexual orientation and gender identity” (Chile).

127.50 Address all sexual and gender based-violence and discrimination,

especially against women, by reforming the Criminal Code and Personals

Status Code to bring it into line with the Convention on the Elimination of All

Forms of Discrimination against Women, including by criminalizing marital

rape and abolishing provisions allowing a perpetrator of sexual violence to

escape prosecution by marrying their victim (Finland);

127.51 Eliminate all forms of discrimination against women, including by

amending the Personal Status Code to grant equal inheritance rights to women

and by repealing the circular from 1973 to allow women to marry non-Muslim

spouses (Germany);

127.52 Fully eliminate discrimination between women and men with regard to

inheritance rights (Poland);

127.53 Improve gender equality both in legislation and practice, including by

granting men and women equal property and family rights (Republic of

Korea);

127.54 Ensure that the legislation governing the military court system is

explicit in ensuring that military courts only have jurisdiction over military

personnel who have committed military offences, especially when such offences

do not amount to human rights violations, and that no civilian cases are tried in

the military court system (Botswana);

127.55 Adhere and adapt its national legislation to the Arms Trade Treaty

(Guatemala).

128. All conclusions and/or recommendations contained in the present report reflect

the position of the submitting State(s) and/or the State under review. They should not

be construed as endorsed by the Working Group as a whole.

Annex

[Original: English/French]

Composition of the delegation

The delegation of Tunisia was headed by S.E M. Mehdi Ben Gharbia, Ministre

chargé de la relation avec les Instances Constitutionnelles et la Société Civile et des Droits

de l’Homme, and composed of the following members:

• S.E. M. Walid Doudech, Ambassadeur Représentant Permanent de Tunisie auprès

de l’Office des Nations Unies a Genève et des Organisations Internationales en

Suisse;

• M. Hatem Landoulsi, Directeur des Droits de l’Homme au Ministère des Affaires

Étrangères;

• Mme. Intissar Ben Attitallah, Ministre plénipotentiaire, auprès Mission Permanente

de la Tunisie a Genève;

• Mme. Sana Bouzaouache, représentante du Ministère charge de la Relation avec les

Instances Constitutionnelles, la Société civile et des Droits de l’Homme, et

rapporteuse de la Commission nationale de Coordination, Élaboration et

Présentation des rapports dans le domaine des droits de l’homme;

• Mme. Faten Sebei, Magistrat, Chef de Groupe au Centre d’études juridiques et

judiciaires, Ministère de la Justice;

• M. Houssem eddine El Triki, représentant du Ministère de la Justice;

• M. Adel Boudabouss, représentant du Ministère de la Défense Nationale;

• M. Meher Guadour, représentant du Ministère de l’Intérieur;

• M. Hamdi Khalfa, représentant du Ministère des Affaires Sociales.