VZCZCXYZ0003
PP RUEHWEB

DE RUEHTU #0133/01 0300903
ZNR UUUUU ZZH
P 300903Z JAN 07
FM AMEMBASSY TUNIS
TO RUEHC/SECSTATE WASHDC PRIORITY 2583
INFO RUCNMGH/MAGHREB COLLECTIVE PRIORITY

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: 
 
--------------------------------------------- ------------ 
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. 
--------------------------------------------- ------------ 
 
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. 
 
--------------------------------------------- ----------- 
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. 
--------------------------------------------- ----------- 
 
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. 
 
--------------------------------------------- ------------ 
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. 
--------------------------------------------- ------------ 
 
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.) 
 
--------------------------------------------- ---------- 
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. 
--------------------------------------------- ----------- 
 
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. 
 
--------------------------------------------- ---------- 
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. 
--------------------------------------------- ---------- 
 
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. 
 
--------------------------------------------- ------------ 
6th Principle: NGOs should be permitted to seek, receive, 
manage and administer for their peaceful activities 
financial support from domestic, foreign and 
international entities. 
--------------------------------------------- ------------ 
 
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. 
 
--------------------------------------------- ------------ 
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. 
--------------------------------------------- ------------ 
 
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. 
 
--------------------------------------------- -------- 
8th Principle: Governments should not interfere with 
NGOs' access to domestic and foreign-based media. 
--------------------------------------------- -------- 
 
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). 
 
--------------------------------------------- ---------- 
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. 
--------------------------------------------- ---------- 
 
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). 
 
--------------------------------------------- ------------ 
 
10th Principle: Whenever the aforementioned NGO 
principles are violated, it is imperative that democratic 
nations act in their defense. 
--------------------------------------------- ------------ 
 
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