Several weeks ago, the Tunisian government announced the passage of a new law which aims to harmonize Tunisia’s anti-terrorism and money laundering legislation within an international legal framework. As Tunisia seeks to further open its economy to outside private sector investors, this law stands to tighten regulations against those seeking to circumvent the system through money laundering—be they terrorists or criminals. According to Minister of Justice and Human Rights, Bechir Tekkari, “The law is essential to keeping abreast of the international standards that Tunisia has willingly adopted to enhance financial transparency and get in step with international standards.”
For decades Tunisia has been striving to create an open economy and it has largely succeeded; it now boasts the most competitive economy in Africa and has established very strong trade relations with Europe. In this respect, Tunisia’s efforts at marketing itself as a bastion of economic liberalization in a globally integrated market have paid off.
Yet, despite the openness Tunisia exudes, it still has a long way to go in other areas. The dearth of freedom of expression and association in Tunisia are profound, and tight controls over opposition parties are commonplace. The impunity that well-connected elites share in economic matters also has ramifications for the rule of law, governance and market competition.
It is in consideration of this entire picture—the good with the bad—that the adoption of “international standards” by any country must be measured.
While Tunisia’s renewed commitment to cracking down on money laundering and crony capitalism (some of which may be terrorist related) is laudable, there are no guarantees that such laws will be applied to the most powerful. Or, that these new laws won’t be invoked to further marginalize opposition figures. As one Tunisian lawyer proclaimed in response to the new law, “In the end, the law can play its role in ensuring justice, rights, and freedom only when the necessary conditions are in place for the judiciary to render judgments that are fully independent from the political authority.”
Tunisia is a perfect example of the two sides to international standards. Rather than implementing such standards selectively or brandishing them as western-friendly reforms, Tunisia could use this announcement as an opportunity to strengthen rule of law within the country by applying “international standards” equally to all citizens.
Published Date: August 18, 2009