Challenging the project of law concerning the emergency state in Tunis

The 27th of February 2019, the OPEV organised a press conference to present the analysis and the critic study of the project of law num. 19 of the 3rd of November 2018, concerning the organisation of the state of emergency. The judiciary experts manifested, during their interventions, the different elements linked to the authoritarian and restricting character of this project of law, which represents a threat to the assets of the Revolution.

In fact, the project is in direct opposition with the Constitution of 2014, especially with the dispositions of the article 49 as well as with the International Relief Pact of civil and political rights, and the general observation num. 29 of the Committee of the Human Rights of 2001. Additionally, it is remarked the absence of basic definitions concerning the terminology including the notions of “emergency state”, “vital interests” and “general security” in the project of law.

The experts have noted the risks in granting the powers agreed to the minister of Internal Affairs and the Government concerning individual rights and liberties as well as to the judiciary guarantees granted in article 49 of the Constitution.

On the other hand, the participants regarded the total absence of mechanisms to control the judiciary proceedings of all exceptional measures anticipated in the present project.

Finally, the experts denounced through their study the non-respect of the constitutional and legal guarantees concerning the following public rights: the right to organise, the right of reunion, the right of association, the right of peaceful gathering and the right to strike.

This activity is part of the project SALAM for la prevention of violent extremism in #Tunisie of #OPEV and financed by the European Union and the Spanish Agency for International Cooperation and Development.