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Rights and Freedoms Under Threat in Tunisia, the Birthplace of the Arab Spring

Since July 25, 2021, Tunisia has witnessed a severe backsliding from the gains achieved by the 2011 revolution, as President Saied sought to illegally impose exceptional measures that violate the country’s constitution that had been agreed upon by over 90% of representatives of the people (the 2014 constitution), by which he dissolved parliament, dismissed the government, and unlawfully changed the composition of the Supreme Judicial Council and the Independent Supreme Electoral Commission. He also announced that he would assume the office of Public Prosecutor, issued a new constitution for the country through a vote in which only 30% of the population participated, and was boycotted by the vast majority of political parties as well as civil society organisations, in addition to the absence of any transparency or international monitoring missions.
 
Amnesty International described the adoption of the new constitution as a democratic setback stressing that it dismantles and eliminates key principal human rights guarantees. The Venice Commission (part of the Council of Europe) declared in its report of 27 May 2022 that “It is not realistic to plan to organize a credible and legitimate referendum on 25 July, 2022”. As a result, President Kais Saied threatened to withdraw Tunisia’s membership from the Commission in addition to calling on its representatives to leave the country immediately.

Amnesty International described the adoption of the new constitution as a democratic setback stressing that it dismantles and eliminates key principal human rights guarantees.

In the same year, Saied also issued a presidential decree calling on Tunisians to participate in early parliamentary elections which were held over two rounds, the first on December 17, 2022, and the second on January 29, 2023. The turnout in these elections was the lowest level locally and globally, reaching 11.2% in the first round and 11.4% in the second round.
 
Since his unlawful activation of Chapter 80 of the Constitution, Saied launched a continuous campaign of persecution against political opponents, activists, businessmen, media professionals, judges, and anyone who opposes his regime. Decree No. 54 of December 2022, dated September 13, 2022, for combating crimes related to media and communication systems, was issued, which represented a real setback for everything to do with freedom of the press and media and freedom of expression, whereby Tunisia fell by 21 places in the year 2022 in the classification by RSF (Reporters Without Borders).

Since his unlawful activation of Chapter 80 of the Constitution, Saied launched a continuous campaign of persecution against political opponents, activists, businessmen, media professionals, judges, and anyone who opposes his regime.

Scores of journalists, bloggers and politicians have been prosecuted based on this decree, including:
  • Journalist Monia Arfaoui following her criticism of the Minister of Cultural Affairs
  • Lawyer and politician Ghazi Chaouachi following his criticism of the Minister of Justice
  • Lawyer and politician Ayachi Hammami because of his criticism of the Minister of Justice
  • Politician Chaima Issa because of her criticism of the President of the Republic
  • Journalist Nizar Bahloul because he published an article criticising the Prime Minister
  • Student Ahmed Bahaeddine Hamada for publishing information about a protest in a working-class suburb
  • Former member of the Election Commission, Sami Ben Salama, due to criticism of the Election Commission
  • Hamza Labidi, civil society activist for a blog post in which he called for a revolution
  • Cartoonist Taoufik Omrane because of an “offensive” cartoon about the Prime Minister

The destruction of all the gains of the Tunisian revolution continued, even symbolic gains, as Saied changed the date of the celebration of the revolution, which had been held on January 14, the date of the escape of deposed former president Zine El Abidine Ben Ali, which was condemned by the families of the martyrs and wounded of the revolution, who issued a statement in which they denounced the targeting of the symbolic legacy of the revolution.

Kais Saied also continued his policy of non-transparent appointments, by rewarding loyalists who facilitated the establishment of his authoritarian rule and the dismantlement of democracy, further issuing decree number 591, dated September 21, 2023, for an alleged comprehensive audit of all appointments in public services with the aim of eliminating any critical employee in any public services under previous governments.

Sources: amnesty.org, aljazeera.net, venice.coe.int

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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.