Home > 6 Political parties > TUNISIA - Opinion on the Draft Institutional Law on the Organisation of Political Parties and their Funding
 
 
 
Download file    
 
 
Paragraph 22
 

Article 35 of the Constitution provides that “in their internal charters and activities, political parties, unions and associations must respect the provisions of the Constitution, the law, financial transparency and the rejection of violence”. These principles are reiterated and expanded upon in Articles 6 and 7 of the draft law, which are the same as Articles 3 and 4 of Legislative Decree no. 2011-87, with a few exceptions. The fact that the new provisions more broadly prohibit recourse to “any form of discrimination” and threats to the republican and democratic system of the state is to be welcomed.  owever, the term “fanaticism” in this same context lacks clarity and lends itself to subjective interpretations. In this connection, it should be noted that Article 22 of the ICCPR and Article 11 of the ECHR require any restriction of freedom of association to be “prescribed by law”, which means that legislation should avoid the use of imprecise or vague terms. Any restrictions must be designed so that they cannot be applied in an arbitrary or unwarranted manner; the relevant legislation must be accessible and sufficiently clear to allow individuals and associations to ensure that their activities comply with the restrictions. It is recommended that the term “fanaticism” as used in Article 7 of the draft law be clarified so as to make it legally applicable and comprehensible for individuals and political parties or, if that is impossible, that the reference to the term be deleted.