The Protection of Human Rights in Transitional Tunisia

Abstract

This article looks at the human rights protection in transitional post-uprising Tunisia, from 2011 to 2017, offering insights into the willingness to both protect human rights and build capacity in Tunisia. It focuses on the establishment of an adequate legal framework in Tunisia, with particular attention being paid to the constitution-making process and, on the establishment, the strengthening of certain institutional capacities, such as the constitutional court and the Truth and Dignity Commission. The article first gives a brief historical overview of the human rights situation in Tunisia. This is followed by an analysis of the willingness and capacity to protect human rights in post-uprising transitional Tunisia, in both the 2011–2014 and 2014–2017 periods.This article is based on evidence from a series of semi-structured interviews I conducted with the key political actors from various political parties, and actors from NGOs working on human rights, during field research in Tunisia in October-November 2017, supplemented by secondary literature.

Transitional Process and Human Rights Developments in the MENA Region: The Cases of Egypt and Tunisia

“…Positive improvement in the field of human rights in transitional countries depends on the creation of certain state institutions and laws, and the implementation of particular state policies leads to increased enjoyment of human rights. Elements such as international treaty commitments, constitutional guarantees, and legal and institutional frameworks are necessary for the effective promotion of human rights (Saral, 2019). Institutional and legal reforms during the transitional process are not only necessary to weaken the institutional framework inherited from the authoritarian past and to strengthen the institutions necessary for the protection of human rights; they also increase the domestic awareness of the international dimension of human rights, which has long-term positive effects on their promotion (Panizza, 1995, pp.…”

“…The realisation of certain institutional reforms in Tunisia to adjust to the revolutionary needs of the country also led to success in the transitional process. After Ben Ali's ouster in 2011, Tunisia underwent an intensive process of political and institutional change; as a result, a more successful transition was experienced there compared to other transitional MENA countries (Bellin, 2011, p. 6;Saral, 2019). Of particular importance in this context is the establishment of the constitution of 2014 and several other independent commissions such as the Truth and Dignity Commission (IVD), the Commission against Torture, and the Human Rights Commission, which were aimed at strengthening the institutional and legal framework in Tunisia to effectively protect human rights (Saral, 2019, pp.…”

“…After 2014, Tunisian political actors failed to provide their support for the institutions promised by the constitution to safeguard human rights in the country, such as the constitutional court and the IVD. More importantly, the post-revolutionary governments failed to meet the demands of the people with regard to social and economic improvements (Larbi, 2016, p. 15;Saral, 2019).…”

“…The establishment of an institutional and legal framework is fundamental to the protection of human rights in transitional countries. Nevertheless, transitional countries typically face several challenges in establishing the institutional and legal frameworks necessary to promote and protect human rights (Saral, 2019). It is no less common that transitional countries experience harsh human rights violations while undergoing transformations in the political, social, and economic spheres.…”