Tunisia Legal Profile

Tunisia ranks 87th on the Transparency International index. The judiciary in Tunisia is criticized for a lack of independence and corruption. Irregular payments are frequently made to obtain favourable judgments. The 2014 constitution provides the judiciary’s independence, but in practice the government continues to assert influence over court cases.

Commercial disputes involving foreign companies rarely take place. Where disputes have happened, foreign companies have generally been successful through the local judicial system. Tunisia is a member of the International Centre for Settlement of Investment Disputes (ICSID) and is a signatory to the New York Convention 1958 on the Recognition and Enforcement of Foreign Arbitral Awards.

Tunisia’s Penal Code criminalises attempted corruption, active and passive bribery, using public resources for private gain, bribing a foreign official, abuse of function, embezzlement, money laundering and extortion. The constitution contains a provision demanding public officials with high posts to declare their assets. Tunisians found bribing a public official outside the country may be prosecuted under the law.  The government has escalated its anti-corruption efforts since May 2017, where number of high-profile businessmen, politicians, police, and customs officers have been arrested in an effort to rid Tunisia of corrupt officials.

Tunisia has signed and ratified the United Nations Convention against Corruption (UNCAC) and is a founding member of the Middle East and North Africa Financial Action Task Force, which combats money laundering and terrorist financing. The country has not signed the OECD Anti-Bribery Convention or the AU Convention on Preventing and Combating Corruption.

Reference

• https://www.transparency.org/en/cpi/2023