Decree 6 on the Establishment of the High Commission for the Fulfillment of the Revolution Goals, Political Reform, and Democratic Transition

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  • Country: Tunisia
  • Language: English
  • Document Type: Domestic Law or Regulation
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Decree no.6 of 18 February 2011, on the establishment of the High Commission for the Fulfillment of the Revolution Goals, Political Reform, and Democratic Transition. The Interim President, Upon a motion of the Prime Minister, And upon revisiting chapters 28 and 57 of the Constitution, Based on organic law n° 2004-48 dated 14 June 2004 on organizing the activity of the Chamber of Deputies and the Chamber of Advisors and their mutual relations, and the subsequent organic law n° 2006-32 dated 22 May 2006, especially chapter 32 thereof, And the General Accountability Journal issued by virtue of law 1973-81 dated 31 December 1973 as revised and complemented by other texts, And law 2011-5 dated 9 February 2011 on authorizing the interim president to issue decrees pursuant to chapter 28 of the Constitution, And regulation 1969-400 dated 7 November 1969 on establishing a Prime Ministry and specifying the functions of the Prime Minister. Decrees the following: Chapter 1: An independent public commission shall be established under the name of “The High Commission for the Fulfillment of the Revolution Goals, Political Reform, and Democratic Transition”. Chapter 2: The Commission pledges to study the legislative texts related to political organization and suggest the reforms that serve the implementation of the democracy-related goals of the revolution. It is also entitled, in coordination with the Prime Minister, to give its opinion regarding the performance of the government. Chapter 3: The Commission shall be composed of: ! A Chairman is appointed by order from independent national figures who are known for their competence in the legal and political fields, ! A Vice-Chairman appointed from political figures and civil society groups participating in the work of the Commission, upon the latter’s suggestion, ! A Council composed of national political figures, representatives of political parties, commissions, organizations, associations, and civil society groups involved in the national affairs in the capital and the regions, who have participated in and supported the revolution. The council members are appointed by virtue of a decision of the Prime Minister upon a motion of concerned authorities. The council shall monitor and preserve compliance of the political legislations with the requirements of the democratic transition. It is entitled to give suggestions concerning the sustainability of the public sector and achieving the goals and demands of the revolution. ! An Experts Committee composed of a minimum of ten specialists appointed by the Chairman of the Commission. This committee drafts the law pursuant to the guidelines established by the Commission and submits the draft laws that it prepares to the Commission’s approval before sending them to the President of the Republic. ! A General Rapporteur who writes the minutes of the Commission meetings. The Rapporteur is appointed upon a suggestion of the Commission. ! An Official Spokesperson of the Commission, selected by the latter from among its members to serve for a specific period in order to maintain the system of rotation. Chapter 4: The Chairman of the Commission monitors the sound performance of the Commission, moderates its meetings, archives its documents, and represents it before other parties. The chairman is entitled to delegate all or part of his powers to his deputy or any member of the Commission. Chapter 5: the Commission decisions shall be made by consensus; if not, by majority. The Chairman’s vote shall be decisive in case of a tie of the votes. Members of the Experts Committee attend the meetings of the Commission but are not entitled to participate in the voting. On a periodical basis, one meeting shall be dedicated for follow up, whereby the comments and decisions of the Commission are reported in writing to the President of the Republic and the Prime Minister. Chapter 6: When need be, and upon consultation with the commissioners, the Chairman of the Commission may establish sub-committees with specific specializations that fall within the general mandate of the Commission. Chapter 7: The Commission is convened pursuant to an invitation by its Chairman or two thirds of its members. The deliberations of the Commission are confidential and its meetings are considered official only in the presence of quorum, i.e. the presence of more than half of its members. Chapter 8: the expenses of the Commission activities, including, the costs of members’ transportation and accommodation shall be included in the Prime Ministry’s budget. Chapter 9: the Chairman of the High Commission for Political Reform and Democratic Transition submits to the President of the Republic and the Prime Minister the opinions and suggestions of the Commission as well as a report of its activities and achievements. The Commission shall coordinate with the Prime Minister to maintain the implementation of its suggestions, in order to achieve the goals of the revolution, guarantee the sound performance of the public sector and accomplish the democratic transition. Chapter 10: The Prime Minister shall be responsible for the implementation of the present decree published in the official gazette of the Republic of Tunisia. It shall enter into force as of 18 February 2011. Tunis, on 18 February 2011. Interim President of the Republic Fuad Al Mubzah Published in Arabic in the Official Gazette of the Republic of Tunisia on 1 March 2011. Unofficial translation by IFES Tunisia