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Tunisia: Crackdown on Media Freedoms

Tunisia: UN Human Rights Chief calls on authorities to stop restricting media freedoms and criminalizing independent journalism

GENEVA (23 June 2023) – UN High Commissioner for Human Rights Volker Türk on Friday expressed deep concern at the increasing restrictions on the right to freedom of expression and press freedom in Tunisia, noting that vague legislation is being used to criminalize independent journalism and stifle criticism of the authorities.

“It is troubling to see Tunisia, a country that once held so much hope, regressing and losing the human rights gains of the last decade,” said Türk.

“The crackdown earlier this year against judges, politicians, labour leaders, businesspeople and civil society actors has now spread to target independent journalists, who are increasingly being harassed and stopped from doing their work,” he said. “I urge Tunisia to change course.”

Over the last three months, the Tunisian authorities have on five occasions used vaguely worded legislation to question, arrest and convict six journalists. This includes security and counter-terrorism legislation and the presidential decree Nº 2022-54 on cybercrimes, which contains ambiguous provisions that carry punitive fines and lengthy prison sentences for publishing or spreading alleged false news, information or rumours, and authorises law enforcement officers to access any information system or device, for inspection and collection of stored data.

In the majority of these cases, the restrictions imposed on these journalists’ freedom of expression do not appear to comply with the strict requirements under international human rights law, including the principles of necessity and proportionality.

Since July 2021, the UN Human Rights Office in Tunisia has documented 21 cases of alleged human rights violations against journalists, including prosecutions before civilian and military courts. There are grounds to believe that these prosecutions were initiated to counter public criticism against the President of the Republic or the authorities.  Under international human rights law all public figures including heads of State may legitimately be subject to criticism.

On 15 June, the Parliament Bureau decided to ban journalists from covering the parliamentary committee meetings. On 17 June, a judge banned media from covering two cases of alleged “conspiracy against State security affairs” in which dozens of people have been prosecuted and detained since mid-February.

“These decisions undermine the principle of transparency in public affairs. People have the right to be informed and to do so, journalists must be able to do their job without any undue restriction,” said the High Commissioner.

“Silencing the voices of journalists, in a concerted effort, undermines the crucial role of independent media, with a corrosive effect on society as a whole,” he said.

The High Commissioner called on the Tunisian authorities to respect due process and fair trial standards in all judicial proceedings, cease trying civilians before military courts and release all those arbitrarily detained, including any person detained for exercising their right to seek, receive and impart information.

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Call to Action

Website petition: Freedom for prisoners of conscience and activists in Tunisia!

Tunisia is no longer the Arab exception that inspired the world in 2011 with a heroic revolution that overthrew the rule of Zine El Abidine Ben Ali, who ruled for nearly 23 years after seizing power on November 7, 1987, in a coup against Habib Bourguiba.

In a similar and perhaps more dangerous move, on the night of July 25, 2021, Tunisian President Kais Saied carried out a “constitutional coup” in accordance with his personal interpretation of Article 80 of the 2014 Revolutionary Constitution, announcing that he had taken a set of exceptional measures due to the “imminent danger” that threatens Tunisia without providing any details or reasons.

In accordance with these measures, Saied dismissed the government and the prime minister Hichem Mechichi who was present at the National Security Council that night at the Carthage Palace, and claimed that he had contacted the Speaker of Parliament Rached Ghannouchi (leader of the Ennahdha party) to consult with him in accordance with what is stipulated by the constitution, a claim which Ghannouchi denied since the call was general and did not include anything about exceptional measures or any consultation on the matter. The president suspended Parliament and later dissolved it in March 2022.

Not only did Saied seek to bypass his powers and the articles of the Constitution, which he swore to protect before the Assembly of the Representatives of the People, but he went on to dismiss and change the composition of the Supreme Judicial Council after redefining the judiciary it as a “function” rather than an independent authority. He further replaced members of the Supreme Electoral Commission in preparation for the referendum he held in order to vote on a constitution that he wrote himself after dismissing the proposals of the drafting committee he had himself appointed. Then legislative elections were held over two rounds, in which the participation rate did not exceed 8% of the total number of voters, with the Election Commission later announcing that it had reached 11%, which is the lowest participation rate in Tunisia and globally.

On February 11, President Saied’s regime launched a campaign of protests that has not stopped since, against political leaders, media figures, journalists, judges and senior officials and civil servants, for charges of “conspiring against the security of the state and committing an offensive act against the President of the Republic,” in addition to other charges that were referred to the military prosecution, leading one to wonder about the implication of the Tunisian army in the actions taken by Saied.

The arbitrary arrests were marred by several procedural violations amid criticism from prominent international organizations and observatories in the field of human rights. The standards of litigation and detention period and conditions were not respected. Prosecution and harassment sometimes extended to the detainees’ families, and no evidence, and in many cases, no charges against them were presented.

Moreover trade unions and political parties continue to be subjected to constant harassment and restrictions. Saied continues to target all “intermediary bodies” accusing them of “collaboration” or “treason”. Civil society associations have also been subjected to prosecution, arbitrary arrests and deprivation from representation, in a context of of increasing violence in society due to the authorities’ adoption of racist and discriminatory speeches and rhetoric inciting infighting and violating human dignity.

In light of the above, we, the undersigned, demand the following:

Call for the immediate release of all political detainees, immediately and unconditionally. We also urge the Tunisian authorities to recognize the national and the international human rights treaties they have ratified.
Call on the Tunisian authorities to stop dismantling the nascent democracy and put an end to unfair trials and prosecutions against political opponents of the regime and anyone who criticises it.
Call on all activists and observers to join the national movement for restoring democracy and ending authoritarian rule that has taken Tunisia back to despotism, injustice, and violations of rights and freedoms.