Tunisia – IMM situation

IMM name: The High Committee for Human Rights and Fundamental Freedoms [Le Comité Supérieur des Droits de l'Homme et des Libertés Fondamentales]

IMM type: National Human Rights Institution

CRPD ratification date: 2 April 2008

IMM legal framework: Law n° 2008-37 / 6 June 2008, relating to the Higher Committee on Human Rights and Fundamental Freedoms

Tunisia ratified the CRPD on 2 April 2008. Law n° 2008-37 / 6 June 2008 relating to the Higher Committee on Human Rights and Fundamental Freedoms assigned the mandate to the National Human Rights Institution.

IMM is a National Human Rights Institution and is not part of a monitoring framework consisting of another or other entities. According to the law establishing the NHRI, the mandate of the Higher Committee on Human Rights and Fundamental Freedoms includes inter alia:

• Submitting the proposals likely to consolidate human rights and fundamental freedoms on the national and international level, including those allowing to provide the conformity and compatibility of the legislation to the international and regional instruments related to human rights
• Receiving requests and complaints concerning the issues regarding human rights and fundamental freedoms, examining them, proceeding, if necessary, to the audition of the persons who lodge it, addressing them to any other relevant authority at the end of seizing, informing the lodgers of the requests and the complaints of the means to vindicate their rights
• Realizing research and studies in the field of human rights and fundamental freedoms;
• Contributing to the preparation of draft reports to be presented by Tunisia to the bodies and committees of the United Nations as well as to the regional institutions and bodies and to put forward an opinion
• Following up the observations and the recommendations issued by the bodies and committees of the United Nations and the regional institutions and bodies during the discussion of the reports of Tunisia which have been handed over to them, as well as the presentation of proposals
• Contributing to the spreading of the culture of human rights and fundamental freedoms this, by organizing international, national, and regional seminaries, distributing publications and holding conferences on issues related to human rights and fundamental freedoms
• Contributing to the elaboration of plans and programs relating to the education of human rights and participating in the implementation of the related national plans
• Visiting reeducation and penitentiary establishments, detention centers, centers of accommodation and observation of children, social institutions charged with persons having specific needs, and, in order to ensure the implementation of the national legislation relating to human rights and fundamental freedoms

The IMM is also mandated with the following functions:

• Promoting the rights of persons with disabilities, including through education, outreach, the media, training, and capacity-building
• Protecting the rights of persons with disabilities, including by receiving, investigating, and resolving complaints, or by mediating conflicts and monitoring activities and reporting
• Monitoring the implementation of the CRPD

The IMM undertakes/has undertaken the following activities:

• Evaluating policy, legislative, and administrative compliance with the CRPD: the Commissions that comprise UKIM individually and sometimes collectively evaluate compliance with the CRPD
• Offering legal and policy advice to ensure compliance with the CRPD and other relevant international human rights obligations of the State
• Receiving and considering complaints or reviewing the outcome of complaints received by the NHRI
• Promoting the rights of women and girls with disabilities in legislation and policies, including in the disability and gender-equality legislation and programmes. The NHRI is represented in a Commission within the Government Presidency working on harmonizing national legislation with the constitution and international conventions. The NHRI is also represented in another commission within the Ministry of Family, Women, Childhood, and Seniors, working on equality and equivalence of opportunities between women and men
• Participating in the preparation of the State party’s periodic reports to the CRPD Committee. The NHRI participated in responding to the list of issues addressed by the Committee on the Rights of Persons with Disabilities for the Report of Tunisia's second and third Cycle;
• Cooperating with other domestic mechanisms, as appropriate, such as the Parliament, the National Preventive Mechanism (NPM), National Human Rights Institutions (NHRI) and Equality Bodies, with the aim to reinforce human rights monitoring and reporting at the national level
• Liaising with National Mechanisms for Reporting and Follow-Up on matters relating to the implementation of the CRPD

In terms of the process of selecting and appointing members to the IMM, according to the current law organizing the NHRI, i.e., Law n°2008-37, the President of the Republic appoints the chairman, 15 national personalities known for their integrity and their competence in the field of Human Rights representing different intellectual movements, universities and expertise, A representative of the Chamber of Deputies, a representative of the Chamber of Advisors, (it does no longer exist) (N.B. In the last composition in 2016, 2 members represented the Chamber of Deputies, i.e., the Parliament, in order to represent the two leading political parties, 12 representatives of national non-governmental organizations concerned by human rights, at the proposal of civil society organisations they belong to. a representative of each of the Ministries in charge of justice and human rights, of the interior, of foreign affairs, of education, of higher education, of social affairs, of health, of culture, of youth, of children, of women and of communication who are the focal points at the proposal of the Ministries they belong to. A new law was enacted in 2018 but did not enter into force right now. Members in the new NHRI to be established are nine and should be elected by Parliament.

Participation of persons with disabilities in the monitoring process:

The monitoring activities in which persons with disabilities or their representatives’ organizations have been involved include monitoring of public policies and legislation concerning persons with disabilities. Persons with disabilities as designated experts on disability are invited and/or hired to support specific programmes in the Independent Monitoring Mechanism. The NHRI organized a cycle of meetings around the country to tackle the role of persons with disabilities in the management of local affairs. Several civil society organisations and representatives with disabilities in municipalities witnessed their experience as local representatives and how to enhance the electoral system. Furthermore, persons with disabilities monitoring their rights may submit findings or allegations of human rights violations to the Independent Monitoring Mechanism.

Note: If you wish to rectify or provide more information regarding your IMM, please contact ohchr-CRPDIMM@un.org