The Tunisian Covenant for Equality and Individual Freedoms

Because we believe in a Tunisia that brings us all together regardless of our differences, colors,
various life styles and diverse beliefs; because we support this freedom that we have so partially
reached; because all of us, individuals and society, must protect ourselves from discrimination,
humiliation and exclusion; and because we strive to pave the way for a future of freedoms for the
next generations;

We consider that today we witness a historic moment with the release of the Report of the
Commission on Individual Freedoms and Equality and its dissemination to the public at large.
We are fully aware of our responsibility to seize this significant opportunity to purge Tunisian
legislation from the grip of discrimination and other forms of restriction and repression of
freedoms in order to meet the requirements of the 27 January 2014 Constitution of Tunisia and to
harmonize our legislation with international human rights standards and current trends in the
field of human rights and public and individual freedoms.

As representatives of associations, organizations, unions, parties and important personalities, we

stand strongly behind the recommendations of the Commission on Equality and Individual
Freedoms and its milestone conclusions and serious proposals, that lead the way for the creation
of progressive legislation. For these reasons we would like to:

• First, adapt the Tunisian legislation to the imperatives of the 2014 Constitution. This
Constitution, which was welcomed by Tunisian men and women and praised by the entire
world upon its adoption, has enshrined a significant number of freedoms, whether public
or individual without reservation or discrimination, thus influencing the debate on the
model of society that we long for and ending any skepticisms around the right of
Tunisian citizens to a humane, dignified and secure life. The Constitution heightened the
hope that people are " the makers of their own history, believing in science, work, and
creativity as noble human values, seeking always to be pioneers, aspiring to contribute to
the development of civilization, on the basis of the independence of national decision-
making, world peace, and human solidarity,"(Preamble of the Constitution) Today, the
report proposes the concretization of these values and constitutional provisions so that
they do not remain a dead letter.
• Second, to realize the demands of Tunisian intellectuals, legislators, politicians and
citizens in their query over generations for the recognition and respect of equality and
individual freedoms as an integral part of universal human rights, aspirations that it is
high time to satisfy.
• Third, to support our country's democracy by ending all violations and restrictions
affecting individual freedoms and undermining equality, which have for long constituted
the bedrock of corruption and tyranny. The question of individual liberties has always
served as a pretext to persecute and isolate political opposition. Discrimination and
intolerance have been a gateway to the exclusion of the most vulnerable groups,
 including women and youth, by depriving them from participation in public life, well
known traits of authoritarian regimes.
• Fourth, to promote a rule of law that is based on the pillars of citizenship and the will of
the people. Tunisians have embarked, over centuries, on a long and bitter journey, in
order to master their own destiny at the end. A cherished ambition that cannot be
concretized without the rehabilitation of the individual, along with disseminating
confidence in the national community and in alliance with the legal texts and the
democratic institutions, guaranteeing a decent communal life that is free of all exclusions.
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• Fifth, to uphold the progress of our country since the 2011 revolution and to strengthen
the developments in the civic, social and legal spheres leading to the promotion of our
society as well as to advance the values of freedom and equality without which neither
dignity for the individual not peace for society can be attained.
• Sixth, to make dignity a daily practice for the individuals, which can only be achieved, by
ensuring the minimal rights of employment, healthcare, education and suitable housing.
The state has the obligation to take steps, to the maximum of its available resources, in
order to achieve progressively the full realization of these social, economic and cultural
rights. Likewise, it is important to develop education to freedom and to the principle that
the individual is master of himself, nurturing his ability to criticize and resist the
dominance of the community and consensus. Building social solidarity between different
segments of society and between generations requires above all that individuals to be free
in their minds, eager to acquire and value freedom in all its dimensions and aspects.

• Because it is essential that all the forces support this common ground and in order to
remove all inaccuracies that have been communicated on the contents of the report, we
address ourselves today to all the politicians, parties, trade unions, youth,
Parliamentarians, national and international associations and influencing personalities
from all walks of life in culture, arts, society and sports, to join our ranks in supporting
and signing the Tunisian Covenant for Equality and Individual Freedoms.

Our support of the report of the Commission for Individual Liberties and Equality is a basis to
fend for and endorse individual freedoms thus breaking away from distortion, negative
exploitation and violence. We are convinced that a legislative reform is a must today, in order to
move forward and build Tunisia’s second republic. One that adheres to the full respect of
freedom and equality without distinction of sex, race, color, physical appearance age, health
situation, handicaps, sexual orientation, pregnancy, language, religion, political opinion or other,
national or social origin, place of residence, financial situation, social mobility, civil status or
other. Such respect of human rights and equality is a condition for the creation a democratic and
civil state.
Our strife to reach these goals leads out to commit to these points:

1. The right to life is inherent to every human being and no other person, authority or State
can give it nor deprive anybody of it, hence the orientation towards the abolition of death
penalty;
2. Equality is a guarantee of the dignity of human beings. Discrimination cannot be
accepted for any ground. The state must oppose any form of discrimination in the laws it
adopts so as not to reproduce it in society. Today, the rule of law cannot apply to one part
of the population to the exclusion of the other under any pretext. Sex cannot be used to
justify discrimination, marginalization or exclusion in terms of rights and freedoms.
Based on this principle, all forms of legal discrimination between women and men and
between children must be banned, whether for marriage, nationality, family status,
guardianship or custody of children, resources, inheritance, family name or other ... All
forms of discrimination prevailing in practice shall be fought and the State is responsible
for combating all manifestations of hatred, segregation and violence based on
discrimination between people including homophobia;
3. Freedom and bodily integrity. Every individual is free and responsible for his body
because the preservation of physical integrity guarantees the safeguarding of human
dignity; No other person, authority or state has the right to violate the bodies of others
through the law or in practice. Therefore, the body must be protected against torture,
harm or pain, which requires the development of a more precise definition of torture in
national law. The protection of the human body also includes its preservation against any
commercial, scientific or medical use that is not subject to the prior consent of the person
and to his/her free and enlightened will. Therefore, it is necessary to put an end to
practices that violate the freedom and sanctity of the body, whether committed in law or
in accordance with current practice for legal, social, cultural, political or other
considerations;
4. The presumption of innocence is a fundamental principle. No one shall be deprived of his
or her liberty arbitrarily. The deprivation of liberty must only be inflicted by virtue of
previously conceived legal texts which are clearly and precisely formulated, so any
reasonable person could predict a specific act was a crime. No detention can be carried
out without the need for the necessary guarantees for a fair trial. Prisoners or detainees
enjoy human rights that ensure respect for their dignity. Consequently, the revision of the
Code of Criminal Procedure and the revision of all criminal legislation aim to limit their
repressive measures, including provisions giving authorities broad powers to restrict
freedoms under the state of emergency;
 5. Private life should be governed by freedom and the state should not arbitrarily interfere in
it; The State shall protect the privacy of individuals, the confidentiality of their personal
data, the sanctity of their homes, their property, their reputation and their honor from any
interference or violation. The rehabilitation of private life also requires the revision of a
number of laws, including the law on terrorism and the texts governing the state of
emergency;
6. Freedom of thought, conscience and religion is an absolute right that cannot be restricted.
It includes the freedom of thought in all areas and the freedom of personal beliefs
including whether or not to adopt a religion or a belief, and whether or not to practice
religious rites. No interference or coercion can be imposed by anyone on these freedoms,
hence the need to repeal all legal texts that suggest a preference for a given religious
belief to the detriment of others, as well as those that make a distinction between citizens
on the basis of their religion and those which directly or indirectly deprive religious
minorities of their civil, political, economic, social or cultural rights. It is also necessary
to prohibit and penalize all discriminatory practices based on thought, conscience or
religion, and the State is responsible for combating calls for violence, discrimination or
hatred;
7. Art, creation, scientific research and knowledge are liberties that should not be restricted
under ideological, political, religious or moral pretexts;
8. Thought and opinion and their expression under whatever form are liberties which must
not be hindered, canceled or restricted; Any advocacy of national, racial or religious
hatred that constitutes incitement to discrimination, hostility or violence shall be
prohibited by law.
9. Sexual rights and freedoms for persons having reached the age of consent are an integral
component of human rights that cannot be ignored, and any act that affects or violates
them must be prohibited and penalized;
10. These rights and freedoms shall apply to everyone on Tunisian soil. The State shall
protect the exercise of those rights in all spheres, whether public or private. The judiciary
shall be the guarantor of those rights. Any limitations that can be imposed on the exercise
of the rights and freedoms enounced in this Charter shall not compromise their essence
and shall be consistent with the Constitution and international standards and shall be
implemented only to protect the rights of others, public security, national defense, public
health or public morality, while respecting the proportionality between these provisions
and the obligations deriving therefrom.

The Signatory associations and organizations:

1. Tunisian Coalition Against Death Penalty
2. Tunisian Association of Democratic Women
3. Tunisian Association for the Defense of Individual Liberties
4. Tunisian Association for the Defense of University Values
5. Tunisian Association for the Defense of Child’s Rights
6. Tunisian Association for the Fight against Sexually Transmitted Diseases and AIDS,
Tunis
7. Tunisian League for the Defense of Human Rights
8. Tunisian Forum of Economic and Social Rights
9. National Union of Tunisian Journalists
10. Al Bawsala Association
11. Street Art Association
12. Tunisian Women's Association for Development Research
13. Beity Association
14. Tahadi Association
15. Shams Association
16. Together Association
17. Dissonances Association
18. Vigilance Association for Democracy and Civil State
19. Damj - Tunisian Association for Justice and Equality
20. League of Tunisian Female Voters
21. Mawjoudin Initiative for Equality
22. Democratic Transition and Human Rights Support Center
23. Africa Women’s Forum
24. EUROMED Rights
25. International Federation for Human Rights
26. “Let’s be active” Programme
27. Heinrich Böll Foundation
28. OXFAM
29. Lawyers without borders
30. Human Rights Watch
31. Legal Agenda
32. Women and Citizenship Association - El Kef
33. Tunisia land of humans Association
34. Tunisian Federation for Citizenship of both Shores
35. Association of development and bordering of youth and childhood – Jendouba
36. Soumoud Civil Collective
37. Sounbola Association
38. Equality & Parity Association
39. Hyphenation Association
40. Tunisian Association for Minority Support
41. Joussour Association for Citizenship – El Kef
42. Association of school creativity
43. Citizenship and Liberties Association
44. Mouwatinet Association
45. Association for the promotion of the Right to Difference
46. Citizens in Solidarity Association
47. Observatory for the defense of the right to difference
48. Tawhida Ben Cheikh Group for Research & Action in Women's Health
49. Tunisia Culture and Solidarity Association – Paris
50. World Organization Against Torture
51. By‫ اﻟﺤﻮم‬Association
52. Tunis Center for Press Freedom
53. Tunisian Association for Electoral Integrity and Democracy
54. Coalition for Women of Tunisia
55. Enda Inter-Arab
56. Tunisian Association of Positive Prevention
57. Tunisian Association of Reproductive Health
58. Free Sight Association
59. Manifesto of Culture Association
60. Chouf Minorities
61. Al-Sajine 52 Initiative
62. Amnesty International – Tunisia Section
63. Al Kahina Association for Culture and Development
64. CALAM Association
65. Psychologues du Monde Organization
66. Path of Dignity Association
67. Tigar Association for Joint Citizenship
68. Rural Women Association – Jendouba
69. Horra Organization
70. Waai Association
71. Unies-vers-elles Association
72. Magida Boulila Association for Modernity – Sfax
73. Aswat Nissa Association
74. Fanni Raghman Anni Association
75. International Council of Women Entrepreneurs
76. Tunisian Council of Secularism
77. Jamaity Association
78. Lam Echaml Association
79. Manifesto for Development and Citizenship Association – Beja
80. M’nemty Association
81. Tunisian Organization for Social Justice and Solidarity
82. Doustouna Network
83. Y-Peer Tunisia
84. Women and Leadership Association
85. Frida Association
86. Education and Family Organization
87. Association for the Development of Education and Family
88. Nima Association for Development and Democracy
89. People’s Voice Association
90. Al-Naoura Association
91. Zmorda Space
92. Friends of Literature, Arts and Sciences Association
93. Zanoubia Association