THE TEN GUIDING PRINCIPLES ON NGOS: TUNISIA'S

UNCLAS TUNIS 000133

SIPDIS

SENSITIVE
SIPDIS

NEA FOR GRAY/CARPENTER
NEA/MAG FOR HOPKINS/HARRIS
DRL

E.O. 12958: N/A
TAGS: PHUM PGOV KMPI PREL TS
SUBJECT: THE TEN GUIDING PRINCIPLES ON NGOS: TUNISIA'S
RECORD

REF: A. 06 STATE 200959


B. TUNIS 52


1. (SBU) In response to the recently released "Ten Guiding
Principles on NGOs" (ref A),Post offers below an annotated
version, with examples of the GOT's track record on each
principle. We suggest that USG officials draw from these
examples when discussing human rights issues with GOT
interlocutors.


2. (SBU) Begin Annotated List:

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1st Principle: Individuals should be permitted to form,
join and participate in NGOs of their choosing in the
exercise of the rights to freedom of expression, peaceful
assembly and association.
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Freedom of association is strictly limited in Tunisia. The
Ministry of Interior vets all applications for association
status and has refused recognition for many politically
sensitive NGOs such as the National Council for Liberties in
Tunisia (CNLT),the International Association for the Support
of Political Prisoners (AISPP),the Tunisian Journalists,
Syndicate (SJT) and the Tunisian Association Against Torture
(ALTT),whose only common denominator is criticism of GOT
practice and policy.

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2nd Principle: Any restrictions which may be placed on
the exercise by members of NGOs of the rights to freedom
of expression, peaceful assembly and association must be
consistent with international legal obligations.
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Tunisia is a party to both the International Convention on
Civil and Political Rights and the Universal Declaration of
Human Rights which provide (Article 22 and 20 respectively)
that freedom of association includes the right to form and
join trade unions, and prohibits restrictions on the exercise
of this right other than those which are prescribed by law
and which are necessary in a democratic society in the
interests of national security or public safety, public
orders, the protection of public health or morals, or the
protection of the rights and freedoms of others.

The GOT,s frequent restrictions on freedom of association of
non-violent groups contradict these provisions. While the
GOT often cites security concerns as a justification to
restrict the activities and funding of NGOs such as CNLT, the
Tunisian Association of Democratic Women (ATFD),and others,
there is no evidence that these organizations present a
security threat. Rather they promote non-violent political
opposition and discourse.

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3rd Principle: NGOs should be permitted to carry out
their peaceful work in a hospitable environment free from
fear of harassment, reprisal, intimidation and
discrimination.
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There are almost daily reports of GOT harassment, reprisal,
intimidation, defamation and discrimination of NGO leaders
and employees, including Sihem Ben Sedrine (CNLT),Neziha
Rejiba (CNLT),Mohamed Nouri (AISPP),Lotfi Hajji (SJT),
Mohktar Yayahoui (Center for Independent Judiciary),
journalist Slim Boukdhir and many others. (See
www.tunisnews.net for daily reports from various
international and Tunisian human rights organizations.)

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4th Principle: Acknowledging governments' authority to
regulate entities within their territory to promote the
public welfare, such laws and administrative measures
should protect--not impede--the peaceful operation of
NGOs and be enforced in an apolitical, fair, transparent
and consistent manner.
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Laws governing the legality of associations, which provide
for the refusal to grant association status on security
grounds, are not enforced in a transparent or consistent
fashion, leading many to conclude that decisions are based on
political calculations. For example, CNLT has received no
explanation why the GOT will not accept its application for

association status despite its primary goal of monitoring and
reporting human rights violations.

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5th Principle: Criminal and civil legal actions brought
by governments against NGOs, like those brought against
all individuals and organizations, should be based on
tenets of due process and equality before the law.
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The legal cases against the Tunisian Human Rights League
(LTDH) raise questions about the application of due process.
A 2001 ruling forced the LTDH to hold a congress to elect
new leadership (the current leadership is viewed as too
independent and anti-GOT). However, a 2005 ruling forbade
the LTDH to hold its congress. While the GOT maintains that
the current case against the LTDH, which has led to a
complete stoppage of all activities of the NGO, is an
"internal matter", domestic and international NGOs allege
that the GOT is heavily involved in trying to remove, or
limit the independence of the current leadership of the LTDH
and other independent NGOs. Judgments against the LTDH have
been contradictory, arbitrary and, according to defense
lawyers, without due process.

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6th Principle: NGOs should be permitted to seek, receive,
manage and administer for their peaceful activities
financial support from domestic, foreign and
international entities.
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The GOT controls and often prevents most foreign funding to
NGOs, including legal NGOs. Clear examples of this include
blocked funding to LTDH, Tunisian ATFD, Association of
Tunisian Women for Research and Development (AFTURD),as well
as all unauthorized NGOs.

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7th Principle: NGOs should be free to seek, receive and
impart information and ideas, including advocating their
opinions to governments and the public within and outside
the countries in which they are based.
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Unauthorized NGOs such as CNLT, AISPP, etc., cannot
disseminate information within the country, and their
websites are blocked in Tunisia. Major newspapers will not
carry press releases from sensitive NGOs. CNLT has tried for
years to obtain permission to publish the print version of
its journal "Kalima" to no avail.

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8th Principle: Governments should not interfere with
NGOs' access to domestic and foreign-based media.
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NGOs, like all Tunisians, are subject to Tunisia,s strictly
controlled media environment, including blocked websites
containing human rights and opposition political information
and import restrictions on certain international magazines
and newspapers. Credible reports of security officials at
the airport confiscating books from NGO officials are common
(e.g. Neziha Rejiba "Om Zied", editor of Kalima, Khemais
Chemmari, 18 October Movement).

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9th Principle: NGOs should be free to maintain contact
and cooperate with their own members and other elements
of civil society within and outside the countries in
which they are based, as well as with governments and
international bodies.
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Freedom of association is severely restricted for members of
certain NGOs, to the extent that members have not been
allowed to conduct internal meetings (e.g. LTDH, 18 October
Movement, etc.) or hold events for outside audiences. The
GOT has largely refused to meet with unauthorized NGOs, and
has very limited contact with critical legal NGOs such as
ATFD and LTDH. The GOT often disrupts meetings of Tunisian
NGOs and international NGOs both within Tunisia
(International Conference on Employment and the Right to Work
in the Euro-Mediterranean Region, Amnesty International) and
abroad (WSIS Prepcom in Geneva).

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10th Principle: Whenever the aforementioned NGO
principles are violated, it is imperative that democratic
nations act in their defense.
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See the U.S. Supporting Human Rights and Democracy Report --
Tunisia Chapter for examples of U.S. efforts to defend
independent NGOs in Tunisia. Other democratic nations, with
some exceptions, have not consistently advocated human rights
issues in Tunisia.

NOTE: As used here, the term NGOs includes independent public
policy advocacy organizations, non-profit organizations that
defend human rights and promote democracy, humanitarian
organizations, private foundations and funds, charitable
trusts, societies, associations and non-profit corporations.
It does not include political parties. END NOTE.


3. (SBU) Comment: As is clear from the above, the GOT's
treatment of NGOs is inconsistent with the ten guiding
principles. Post will continue to use these principles as
guidelines in approaching the GOT to increase freedom of
association. End Comment.

GODEC