WRITTEN QUESTION E-3973/00

by Olivier Dupuis (TDI) to the Commission

(20 December 2000)

Subject: Tunisia

Despite yet another announcement of reforms by President Ben Ali on 7 November 2000, there has been no improvement in the situation with regard to the rule of law and fundamental freedoms in Tunisia. A number of prisoners who have been on hunger strike for several weeks are in a critical condition.

The Tunisian Human Rights League has been placed under judicial administration by a judge sitting in chambers to deal with urgent matters, after four disgruntled candidates brought an action against the League seeking annulment of the results of its last congress. The congress had agreed to a policy of autonomy from the Tunisian authorities. The summons was issued 24 hours after the statements by the new President of the Tunisian Human Rights League, the lawyer Mohktar Trifi, concerning the orchestration by the Tunisian authorities of the legal action, which is designed to bring about the dissolution of the association. The case is to be heard on 25 December 2000.

Does the lack of any response from the Commission to these new assaults on fundamental freedoms in Tunisia mean that the Commission regards Article 2 of the Association Agreement between the EU and Tunisia as an optional clause? Does not the Commission consider that the lack of any response on its part, in conjunction with the EIB's granting of two loans to Tunisia, valued at 70 million, within just a few hours of the placing under judicial administration of the Tunisian Human Rights League, will be perceived by the citizens of Tunisia as demonstrating that the Union is not interested in their fundamental rights and as giving the Tunisian authorities carte blanche for their policy?

Answer given by Mr Patten on behalf of the Commission

(19 January 2001)

The Honourable Members gave the Commission the opportunity to state its position on human rights in Tunisia at the June 2000 part session and during a debate and the Commission outlined the reasons for which it considers it appropriate at this stage to make use of the positive instruments in the Euro-Mediterranean partnership, namely political dialogue and Community financing, to deal with criticisms of human rights in Tunisia.

Since the debate, there have been a number of developments, both good and bad. Although the Commission does not claim that the list is exhaustive, it can state that responsibility for prisons was transferred to the Justice Ministry, certain political prisoners were pardoned, and the Congress of the Tunisian Human Rights League passed off without incident. On the other hand, the Commission has been informed of allegations concerning hunger strikes by political prisoners, the legality of elections to the new governing board of the Tunisian Human Rights League has been contested, and action has been taken against Moncef Marzouki and Najib Hosni. These events show the extent to which Tunisia's transition to democracy and respect for human rights is still fragile.

As to what the European Union can do about the situation, the Commission remains convinced that the EU should at this stage use the positive partnership instruments to support all those working to improve human rights in Tunisia. The heads of mission from the Member States and the Commission in Tunis are following the current court cases closely and stepping up contacts with the Tunisian authorities to promote the EU's point of view, and thereby to intensify political dialogue. On the financial front, the Commission is also stepping up its efforts to ensure that the two programmes announced in support of journalists and non-governmental organisations are adopted quickly.

Lastly, it would be unfair not to mention the crucial role played by Parliament, which has contributed to raising awareness and intensifying dialogue on these issues by means of parliamentary visits and public debates; this should ultimately lead to a convergence of positions with our Tunisian partners.