In view of the forthcoming debate on the new draft constitution finalised by the Commissions of the Tunisian National Constituent Assembly in December 2012, ARTICLE 19 has developed this legal analysis aiming at supporting and encouraging discussions especially around the new constitutional provisions related to the protection of freedom of expression and freedom of information.
ARTICLE 19 produced a first analysis examining the previous draft constitution’s compliance with international human rights standards. This new document highlights the improvements that the Tunisian National Constituent Assembly has brought compared to the previous draft, as well as the aspects that are still problematic and need to be further improved.
ARTICLE 19 notes the efforts of the drafters of this new version to guarantee fundamental human rights and fulfil the Tunisian state’s obligations under international human rights law. Nonetheless, it is clear from our analysis of the new draft constitution that, in general, the shortcomings of the text that we had previously identified have not been addressed. The provisions related to freedom of expression should thus be reviewed in order to make them consistent with international standards.