Foreign Relations of the United States, 1952–1954, Africa and South Asia, Volume XI, Part 1

772.00/6–3952: Telegram

The Ambassador in France (Dunn) to the Department of State

confidential
niact

Paris, June 19, 1952—8 p.m.

7968. Fol is free translation of Tunisian reform program referred to in Embtel 7946, June 19.¹

I. Reform of Executive.

1. Govt.

Homogeneity of govt cannot be envisaged by one first step. It wld constitute at present an inappropriate solution and necessary reservations wld make measure fail in its purpose. Very rapid evolution already accomplished in composition of Tun Govt in course of last several years shld be recognized. It is not without value to state again that parity between Fr and Tun members of council of mins has been accomplished within last two years.

However, it shld be pointed out that in second phase composition of council of mins will be modified in such a way as to increase further the min depts assigned to Tun. At present: The fol shall be under direction of Tun Mins:

PriMin, who is henceforth chief of govt.

Min of State, responsible for supervision of local admins.

Justice, Public Health, Agric, Commerce, Labor Mins. Fol min depts remain temporarily under Fr direction:

Fin, public works, public instruction, as well as Tunisian office of post, telegraphs and telephones and commissioners office of reconstruction and housing.

However, in mins depts which will remain under authority of Fr directors, Tun asst directors shall be appointed and shall be assigned duties involving real responsibilities.

In order to prove that homogeneity of Tun Govt is objective of evolution now in progress, Tun mins are going to assume greater responsibilities than in past. To this end, a draft decree “relating to general admin of Tun” grants Tun chiefs of admin complete autonomy in management of their depts:

(a) “Assent” by res gen to min orders (arretes) is abolished: Consequently the orders are made public and are enforceable without any previous control by Fr authorities;

(b) Supervision of personnel, which until now has been one of functions of SecGen, has been withdrawn from this high official of Fr nationality, and personnel management is in complete charge of each admin chief.

At same time duties of office of SecGen are reduced by assignment to PriMin of presidency of interministerial commissions and by transfer to director of fin of supervision of expense commitments. Thus new step has been taken in direction which has been followed for last few years, designed to make SecGen “chief collaborator of PriMin”. As admin chief, he now has only fol services directly under his control: Civil service admin, and formulation and supervision of the econ plan, a task for which he has statistical service at his disposal.

Finally, in sectors which are to remain under authority of Fr directors, Tun asst directors with duties involving real responsibilities, are to be appointed. Thus these officials will obtain experience necess before assuming highest responsibilities.

2. Creation of an Administrative Tribunal.

Creation of this tribunal constitutes an essential reform: Creation of a tribunal qualified to judge all cases against state and to decide on legality of admin decisions is one of first guarantees to be accorded to private individuals in any modern country.

Jurisdiction of tribunal extends to all acts of admin authorities of regency, and, in particular, police authorities.

On other hand, jurisdiction of this tribunal does not extend to Beylical decrees of a judicial or religious nature or which have force of law. Insofar as other decrees are concerned, it is understood, in order to reserve the sovereigns powers, that this trib will merely express its opinions. On contrary, min and directors orders may be annulled by this trib.

Within scope of his supervisory powers, ResGen has right to inform admin trib of all orders (arretes) which he considers illegal. Such action, which must be taken within period of one month, is suspensive.

Pres of admin trib is a Fr chosen from among members of Council of State “Conseil d’Etat”; trib includes eight judges, four of whom are of Fr nationality and four of Tun nationality.

Decisions of Tun admin trib may be appealed to an appeal commission which is Tun jurisdiction. Pres of this appeal comm is pres of legal section of Council of State; appeal comm includes Fr members chosen from among Councillors of State and three Tun members appointed by Beylical decree. Its sessions are held in Paris.

This composition of admin trib and of appeal comm has been imposed on US on internatl level by Fr commitments to countries which have renounced regime of capitulations.

3. Civil Service Reform.

In this field, and beginning from present time, contemplated text satisfies Tun claims to greatest extent possible.

“Percentages” established by decrees of Feb 1951 have been abandoned for a formula more favorable to Tun: Appointment to civil service is henceforth open, in principle, to Tunisians only, with reservation that Fr officials shall continue to retain positions they now hold and that Beylical decrees shall continue to determine conditions for certain number of positions to which officials of Fr nationality must be assigned, especially in consideration of commitments made by Fr on finan plane and in connection with natl def. With view to guaranteeing qualifications of appointees, provisions have been adopted designed to maintain standard of competitive exams, on one hand, by prescribing programs of study similar to those preparatory to corresponding competitive exams in Fr, on other hand, by maintaining requirement of juries including both Fr and Tun members, to examine candidates. These exams are in Fr for principal responsible positions and at option of candidates in Fr or Arabic for other positions. Arabic shall continue to be used exclusively in competitive examination for appointment to positions which have long existed.

Finally, text provides for transitional measures in favor of persons under contract and for temporary appointees whose service dates back a certain length of time in Tunisian admin.

During entire period when Tun might not be in a position to provide officials to fill all vacant positions, Fr officials may be assigned to these positions temporarily and placed at disposition of Tun Govt in accordance with conditions to be determined by Fr authorities.

II. Legis Power.

At present legis power belongs to Bey. In present stage, and in present state of Tun institutions, it is not contemplated proposing to him that he shld give up this power.

In fact, experience makes it possible to state that it is dangerous to give a legis assem power to decide questions, and to set up a sort of parliamentary regime before local elected assemblies have been constituted; such local assemblies are necessary foundation for legis assem, and moreover, creation of such local assemblies is contemplated in present reform program.

For time being therefore, it is not permitted to be more than a consultative assem. In order to take into consideration at same time certain Tun aspirations and necessary protection of interests of Fr population in regency, we contemplate two assemblies having distinctly different powers and scope.

1. Legis Council.

This council, composed exclusively of Tunisians, has general legis powers, with exception of finan and budgetary decrees. Bey alone may present decrees to this council which must give its opinion on texts which are submitted to it. Council proposes amendments which it considers desirable.

Members, 30 in number, in theory, shall originally be appointed by Beylical decree. After caidat councils and municipal councils have been established, members elected to legis council by these local orgs may gradually replace members appointed, in beginning, by Beylical decree.

2. Finan Council.

Finan council is made up of both Fr and Tun members, mtg together. Council has equal number of both Fr and Tun members. This numerical equality is justified by large contrib made by Fr to expenditures included in budget and by finan participation of metropolitan Fr in local expenditures, in form of local or subsidies.

Council has entire charge of budget and of all matters of finan or budgetary nature, but it is not qualified to deal with any other legis matter.

Some of its members are appointed from among persons representing econ interests.

Fin council has right to make amendments, but govt may request second reading if it disagrees with proposed amendments.

Finally, let us make clear that no provision of text brings in idea of two colleges or of two sections in required majorities.

III. Local Govt Organizations.

Reform contemplated in this connection is of real importance for it substitutes election procedure for procedure of appointment by decree, for members of municipal councils, and it establishes a deliberative assembly in each caidat.

Today Tunisia is an extremely centralized state.

Apart from municipal councils which function in 70 local cities there is no govt organization in regency responsible for taking care of local interests as a whole, and consequently state budget is burdened with matters which shld much more logically be dealt with locally.

Through municipal reform and through creation, within framework of caidat, of assemblies responsible for drawing up a budget, for administering public property and for establishing certain local public services, it is a question at same time of familiarizing Tunisians with exercise of right to vote and of initiating Tunisians thus elected in responsibilities resulting from mandate conferred on them by their electors whom they represent.

This experience will be gained in large cities in collabortion between French and Tunisians elected by two distinct electoral colleges; in towns and localities where Eur population is numerically small, as in majority of caidat councils, officials elected will be all or nearly all Tunisians. From results of these various experiences, it will be possible to draw particularly valuable conclusions as to possibilities for hastening country’s advance toward internal autonomy.

Beyond all possible doubt, this reform plan falls within framework of policy which France has adopted in Tunisia. It constitutes, beginning now, a real regime of internal autonomy not only within local govt organizations, but also in important sectors of Tunisian central admin. On basis of reforms thus achieved, and taking into account experience acquired, it will be possible to extend this regime, by successive stages, to Tunisian institutions as a whole, and gradually to make internal autonomy a living reality.

It is not impossible that these plans, which certain people will object to because they go too far, and which others will object to because they do not go far enough, may arouse reservations and opposition. However, govt will do everything within its power, within limits and within periods of time which it has prescribed for itself, to end that these reforms and principles which they represent, be incorporated in institutions of regent.

Dunn

1. Not printed, but see the editorial note, supra. Despatch 3378 from Paris, June 27, transmitted a complete text of the program and a translation prepared in the Embassy. (772.00/6–2752)