EN Official Journal of the European Union CE 78/282

(2004/C 78 E/0282)

WRITTEN QUESTION E-3412/03

by Olivier Dupuis (NI) to the Commission

(18 November 2003)

Subject: EU funding of independent NGO projects in Tunisia

The Tunisian authorities have decided to forbid the Tunisian Human Rights League to receive funding from the Commission, in the second block of funding for a project already concluded by the League and approved by the Commission in 2002, within the framework of the European Initiative for Democracy and Human Rights. Last August, the Tunisian Interior Ministry's political affairs director summoned the League's Chairman to inform of the government's decision, on the basis of ‘legal provisions on associations’. Some days later, the bank for where the League has one of its accounts sent a letter to League officials saying that a deposit had been made by Brussels on behalf of the League, but access to these funds was dependent on the submission of ‘the requisite authorisations, pursuant to Law No. 154 of 7 November 1959, and particularly the provisions of Articles 8 and 14 thereof’ (i.e. the law on associations). Tunisian legislation does not, in fact, contain any provision of a nature such as to oblige the League to request authorisation in order to receive funding. Article 8 specifically and exclusively refers to charity and aid associations. Article 14 obliges ‘associations recognised as being of national interest’ — which is not the case of the Tunisian Human Rights League — to obtain authorisation from the Minister of the Interior in order to ‘accept donations and legacies’. The funding obtained in 2002 by the League falls within the EU — Tunisian Association Agreement, Article 2 whereof obliges the parties to respect the principles of democracy and human rights. The conditions imposed by the Tunisian authorities are yet another instance of the hindrances and harassment the League and its members are subjected to.

What was the Commission's initial reaction to the manoeuvres of the Tunisian authorities to prevent the Commission funding a Tunisian Human Rights League project? What initiatives did the Commission take or will it take to convince the Tunisian authorities to change their legally unjustifiable attitude to the funding of the League's project? More generally, what measures does the Commission intend to take to convince the Tunisian authorities to stop hindering the League's activities and those of the very few non governmental organisations which are truly independent of the ruling RCD, party?

Answer given by Mr Patten on behalf of the Commission

(9 January 2004)

The Tunisian League for the Defence of Human Rights Human Rights (LTDDH), beneficiary of project EIDHR 2002/3485 to restructure the LTDDH, has informed the Commission of the facts referred to by the Honourable Member.

As a follow-up to the LTDDH's communication, the Commission has raised this matter at a high level with the Tunisian authorities in order to clarify the grounds for applying Law No 154 to the Tunisian League for the Defence of Human Rights in connection with the second instalment of funds for this project, now at its half-way stage.

The Tunisian authorities say that the Law applies to all Tunisian NGOs receiving funding from abroad, but that ‘for reasons of tolerance and conciliation’ the Law had not been applied to the first instalment paid by the Commission for this project. The authorities also point out that the LTDDH was the subject of a court ruling which limits its activities to preparing for the upcoming general assembly and re-election of its board.

Although apparently administrative in nature, the problems encountered by the LTDDH illustrate the general difficulties surrounding this type of decentralised cooperation in Tunisia. Without commenting on the legal basis cited by the Tunisian authorities on their territory in support of their request, the Commission prefers a political solution to this problem.

The Commission would remind the Honourable Member that it is also seeking to support Tunisian reforms in the fields of freedom of association and independence of the judicial system in a more structured way. The Commission regrets that it is not been possible to carry out the MEDA programme for Tunisian civil society, which was also meant to include information and training activities aimed at the Tunisian administration concerned. The Commission and the Tunisian authorities are pushing ahead with preparations for the programme to support the modernisation of the Tunisian judicial system, also as part of the MEDA programme.