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Tunisia

Elaborating a Legal Framework for Citizen’S Petitions (TN0029)

Overview

At-a-Glance

Action Plan: Tunisia Second National Action Plan 2016-2018

Action Plan Cycle: 2016

Status: Inactive

Institutions

Lead Institution: Ministry in charge with of public servant, governance and fighting corruption

Support Institution(s): NA

Policy Areas

Capacity Building, E-Government, E-petitions, Legislation & Regulation, Legislative, Public Participation

IRM Review

IRM Report: Tunisia End-of-Term Report 2016-2018, Tunisia Mid-Term Report 2016-2018

Starred: No

Early Results: Did Not Change

Design i

Verifiable: Yes

Relevant to OGP Values: Civic Participation

Potential Impact:

Implementation i

Completion:

Description

Elaborating a legal framework for citizen’s petitions

IRM Midterm Status Summary

9. Elaborate a legal framework for citizens’ petitions

Commitment Text:

Establishing a new mechanism for collective petitions in order to regulate and organize citizen participation in the process of making public decisions. This commitment represents an essential mechanism that will enhance citizen participation in the design, implementation and evaluation of public policies.

Milestones:

Preparing a legal framework to regulate collective petitions.

Responsible institution: Presidency of the Government

Supporting institution(s):

As mentioned in the NAP: Parliament

As assessed: Parliament and the World Bank

Start date: June 2016        End date: July 2018

Context and Objectives

Seven years after the revolution in 2011, Tunisian citizens still do not have an effective mechanism to directly petition elected officials and government. The new constitution, adopted in 2014, still does not include any legal framework for citizen petition. This essential tool of direct democracy, that could give Tunisian citizens a voice in decision making, remains a missing piece in the Tunisian democracy model. The only mechanism that CSOs or citizens could use to mobilize the government, or the parliament, is through lobbying or advocacy with members of parliament. For example, to force parliament to review a law, citizens need to gather signatures from MPs.

The commitment would create the legal basis for citizens to address government and parliament with petitions, therefore it is relevant to the OGP value of civic participation. This commitment could change the way Tunisians exercise democracy and participate in political life. If fully implemented, this legal framework will provide, for the first time, the opportunity to petition the government directly and put issues on the policy agenda. Therefore, it has a moderate potential impact. According to the non-governmental organization Tunisian Forum for Economic and Social Rights (FTDES), this commitment is a major piece in participatory democracy that has been missing since the revolution. However, this commitment could have been transformative with more information on the petition mechanism, which would have to include a description and features that would make it more likely that citizens would utilize it and ensure government responses.

Completion

The completion of this commitment is limited. The Presidency of the Government developed the note about drafting the law on petitions. At the time of writing this report, the Tunisian parliament had not started the process of drafting the text of the la. According to civil society the Tunisian parliament has not so far prioritized this issue for its agenda.

The World Bank office in Tunisia will be supporting the completion of this commitment through 2019.

Next Steps

The IRM researcher recommends the following:

  • The Tunisian government should prioritize this commitment and urge parliament to review the text and pass the law
  • Meanwhile, CSOs could start a public campaign about the importance of this commitment and advocate with the political parties and parliament to accelerate the passage of the law

IRM End of Term Status Summary

9. Elaborating a legal framework for citizen’s petitions

Commitment Text:

To establish a new mechanism for collective petitions in order to regulate and organize citizen participation in the process of making public decisions. This commitment represents an essential mechanism that will enhance citizen participation in the design, implementation and evaluation of public policies.

Milestones:

  • Preparing a legal framework to regulate collective petitions.

Responsible institution: Presidency of the Government

Start date: June 2016 End date: July 2018

Editorial Note: This is an abbreviated version of the commitment text. For the full commitment text from the Tunisia National Action Plan, see here.

Commitment Aim:

The commitment aimed to create the legal basis for citizens to address government and parliament with petitions. In the past, no laws existed to provide this opportunity to citizens.

Status

Midterm: Limited

The completion of this commitment was limited by the midterm. The Presidency of the Government developed the note about drafting the law on petitions. [46] During the process of drafting the bill, the government did not consult with the CSOs. The government submitted the draft of the bill to the bureau in the parliament that reviews the bills and determines if the bill should be tabled for the discussion and vote in the parliament. However, the bureau did not find this bill a priority.

End of term: Limited

By the end of term, the completion of this commitment remained limited. The government officials stated to the IRM researcher that they did not receive any feedback from the parliament despite multiple attempts.

Did It Open Government?

Civic Participation: Did Not Change

This commitment did not affect civic participation since it did not reach a substantial level of completion that would yield changes in government practice.

Carried Forward?

This commitment was not carried forward.


Commitments

  1. Right to Information

    TN0036, 2018, Access to Information

  2. Open Data Framework

    TN0037, 2018, Access to Information

  3. Access to Geographic Information

    TN0038, 2018, Access to Information

  4. Open Transport Data

    TN0039, 2018, Access to Information

  5. Improve Water Resource Governance

    TN0040, 2018, E-Government

  6. Join EITI

    TN0041, 2018, Anti-Corruption

  7. Open Contracting in Hydrocarbons

    TN0042, 2018, Access to Information

  8. Anti-Corruption Framework

    TN0043, 2018, Anti-Corruption

  9. Participatory Budgeting

    TN0044, 2018, Anti-Corruption

  10. Youth Participation

    TN0045, 2018, Marginalized Communities

  11. Implement Initiatives to Apply the OGP at the Local Level

    TN0046, 2018, E-Government

  12. Online Administrative Services

    TN0047, 2018, Capacity Building

  13. Access to Civil Service

    TN0048, 2018, Capacity Building

  14. Joining the Extractive Industries Transparency Initiative "EITI"

    TN0021, 2016, Anti-Corruption

  15. Modernizing the Regulatory Framework to Enforce The Right To Access to Information

    TN0022, 2016, Access to Information

  16. The Completion of the Legal and Regulatory Framework of Open Data at the National Level

    TN0023, 2016, Access to Information

  17. Improve the Transparency and Local Gov Openness

    TN0024, 2016, Access to Information

  18. Enhance the Transparency in the Cultural Sector : “Open Culture”

    TN0025, 2016, Access to Information

  19. Enhance the Transparency in the Environment and Sustainable Development Sector

    TN0026, 2016, Access to Information

  20. Enhancing Transparency in the Transport Sector

    TN0027, 2016, Access to Information

  21. Promoting Financial and Fiscal Transparency

    TN0028, 2016, Fiscal Openness

  22. Elaborating a Legal Framework for Citizen’S Petitions

    TN0029, 2016, Capacity Building

  23. Developing an Integrated Electronic Civil Petition and Corruption Reporting Platform

    TN0030, 2016, Anti-Corruption

  24. Developing New Mechanisms to Promote Interaction with the Youth and Enable Them to Pursue Dialogue About Public Policies

    TN0031, 2016, Capacity Building

  25. Adopting the Corporate Governance Referential on the Sectoral Level

    TN0032, 2016, Capacity Building

  26. Developing Mobile Applications Which Could Be Downloaded on the Mobile Phone to Reinforce Transparency of Government Activities and Participatory Approach

    TN0033, 2016, Capacity Building

  27. Enhancing Access to the Archive

    TN0034, 2016, Capacity Building

  28. The Development of an Electronic Mechanism to Ensure Transparency of Public Servants Recruitment

    TN0035, 2016, Capacity Building

  29. Strengthening Legal Framework for Corruption Fight

    TN0001, 2014, Anti-Corruption

  30. Developing an Integrated Electronic Civil Petition and Corruption Reporting Platform

    TN0002, 2014, E-Government

  31. Publishing an Annual Report on Audit Activities in Public Sector

    TN0003, 2014, Anti-Corruption

  32. Review of the Legal Framework of Personal Data Protection and Ensuring Conformity with Article 24 of Tunisian Constitution

    TN0004, 2014, Access to Information

  33. Developing an Open Data Portal

    TN0005, 2014, Access to Information

  34. Preparing a National Corporate Governance Repository

    TN0006, 2014, E-Government

  35. Establishing a Legal Framework That Regulates Communication and Interaction Within Public Sector and Between Public Structures and Citizens with Usage of ICT

    TN0007, 2014, E-Government

  36. Simplifying Administrative Procedures

    TN0008, 2014, E-Government

  37. Develop a Number of Administrative Services On-Line

    TN0009, 2014, E-Government

  38. Enhancing People Participation in the Decision-Making Process

    TN0010, 2014, E-Government

  39. Capacity-Building of Civil Servants and Citizens in the Area of Open Governance

    TN0011, 2014, Capacity Building

  40. Creation of a Structure Specialized in Training in the Governance Area

    TN0012, 2014, Capacity Building

  41. Publication of Budget Reports

    TN0013, 2014, Anti-Corruption

  42. Development of the Open Budget System

    TN0014, 2014, Fiscal Openness

  43. Use of the Data Extracted from the Application Dedicated to Budget Management (Adeb) in Public Sector

    TN0015, 2014, Anti-Corruption

  44. Publication of Reports Related to Attribution and Execution of Public Procurement and Audit Results

    TN0016, 2014, Anti-Corruption

  45. Publication of Recommandations Included in Audit Reports of Public Procurement

    TN0017, 2014, Anti-Corruption

  46. Development of an "Open Data" Platform Dedicated to Information Dealing with Oil and Mine Sector Investment

    TN0018, 2014, Access to Information

  47. Improve Transparency in the Area of Infrastructure Projects

    TN0019, 2014, Access to Information

  48. Devoting Transparency in the Environment Field

    TN0020, 2014, Access to Information

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