A/HRC/40/58/Add.1
hate speech in public and private broadcasting, frequently cite the ICCPR. HAICA’s
decisions can be annulled by Administrative Courts. As of April 2016, only 2 out of 20
decisions by HAICA have been annulled by the Court.5
38.
The HAICA also developed national ‘barometer’ for monitoring hate speech that
constitutes incitement to discrimination, hostility or violence, and promotes these standards
across broadcasting media outlets during 2015. Subjects for monitoring include, inter alia,
religious leaders’ speeches, religious programs and public debate on religious issues. Results
of monitoring activities are expected to be published in 2018. The HAICA methodology for
monitoring hate speech is rooted in international human rights approaches, including those
offered by the six-part test of the Rabat Plan of Action6 for identifying expressions that reach
the threshold of advocacy of national, racial or religious hatred that constitutes incitement to
discrimination, hostility or violence. The test was developed into a practical tool to identify
hate speech broadcasted in national media.
39.
This polymorphic institutional infrastructure for protecting and promoting human
rights in Tunisia are joined by an increasing number of civil society actors dedicated to
monitoring and promoting a broad spectrum of rights in the country. While the work of four
of these actors were globally acclaimed in 2015, in winning the Nobel Peace Prize, thousands
have thrived in the years after the revolution and continue to play a leading role advancing
the country’s progress. In July 2018, over 90 such civil society organizations (CSOs) issued
a Pact for Equality and Individual Freedoms, to advance human rights for all. The Special
Rapporteur is concerned, therefore, that the passage of Law n°2018¬52 of 29 October 2018
on the National Register of Companies, tightening regulations on NGOs in a bid to halt
money laundering and terrorist financing, might have chilling effects on the work and
contributions of CSOs, particularly human rights CSOs, through the securitization of their
work.
40.
The Special Rapporteur also notes that the new Constitutional Court, mandated by the
2014 Constitution, has not been established in the prescribed timeframe due to the failure
among the political branches to agree on the composition of the bench.
41.
A number of interlocutors raised concerns about issues related to the rule of law. This
includes allegations involving failures to observe due process rights, assertions about
ambiguity in the law, and concerns over impunity. While Tunisia continues to pursue the
vision formulated in the Constitution, the backlog of legislation needed to update the legal
provisions and procedures continues to challenge the ability of citizens to enjoy their human
rights entitlements, through gaps and tensions in the legal framework and inconsistencies
between law and practice. Although the laws in Tunisia are modelled on the Napoleonic
Code, judges continue to apply sharia law in regard to family inheritance disputes and matters
of personal status.
42.
Deficits in the rule of law can have multiplier effect for any society and can certainly
undermine the protection of human rights, including that of freedom of religion or belief.
Many anticipate the Constitutional Court, when established and operational, to be able to find
ways to reconcile what appears to be contradictions in Tunisia’s legal framework, and expect
the body to expedite requisite legal reforms. Many interlocutors also noted the importance of
capacity-building for the judiciary and legal training in human rights law for law enforcement
officials.
5
6
8
Selected case: Decision, not to re-broadcast a part of an interview of two NCA deputies, January, 27,
based on Hate speech and incitement to violence.
All HAICA decisions are published in HAICA official website:
http://haica.tn/fr/category/declarations-et-decisions-de-linstance/
A/HRC/22/17/Add.4, appendix, para. 29. See also the Beirut Declaration and its 18 commitments on
“Faith for Rights”, available at www.ohchr.org/Documents/Press/Faith4Rights.pdf.