Chairman of the National Constituent Assembly,

Mustapha Ben Jaafar



Dear Chairman,



I write to urge the National Constituent Assembly (NCA) to guarantee human rights in Tunisia’s new constitution.

The members of the NCA have the tremendous opportunity to ensure that the shortcomings of the past constitution are addressed, that fundamental human rights guarantees which will effectively protect Tunisians against abuses are enshrined, and that the constitution sets out the grounds for a new future with human rights and the rule of law at its centre.

I urge the assembly to ensure that the new constitution:

 Maintains the supremacy of international law over domestic and ensures that the human rights enshrined in international treaties to which Tunisia is a state party are enforceable in a court of law.

 Prohibits discrimination and clearly identifies grounds for prohibition in line with international law.Women and men must have equal rights in law and in practice and equal opportunities in the political, economic, cultural and social sphere.

 Upholds rights to freedom of expression, association and peaceful assembly and ensures that any restrictions to these rights are limited only to those allowed in international law and standards.

 Guarantees the independence of the judiciary, particularly from the executive and security of tenure (inamovibilite).

 Ensures judicial guarantees, including the right to a fair trial.

 States that no member of the security apparatus is above the law and provides guarantees that end impunity and which ensure the accountability of perpetrators of human rights violations.

 Includes an absolute and clear prohibition of torture and other cruel, inhuman or degrading treatment or punishment, and that “evidence” extracted under torture or other forms of ill-treatment can never be admissible.

 Guarantees the right to life and prohibits the death penalty.

 Guarantees economic, social and cultural rights, including by ensuring the minimum essential levels of these rights and ensuring non-discrimination in access to essential public services. The rights of workers and trade unions must be upheld, and victims of violations of economic, cultural and social rights must have the ability to access effective remedies.



Yours sincerely,

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