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US: End Economic Support for Tunisian Coup Government

Recent Election Lack Legitimacy, National Dialogue Needed To End Crisis

(Washington, D.C., 12/23/2022)  The Biden Administration should end U.S. support to Tunisia’s dictatorial government headed by President Kais Saied, pursuant to U.S. laws, including the Foreign Assistance Act, banning aid to governments that have undergone a coup, said the Tunisian United Network (TUN), the Council on American-Islamic Relations (CAIR), and Democracy for the Arab World Now (DAWN).

In light of the nearly 90% boycott of the December 17 legislative elections by Tunisian citizens, the U.S. government should urge Tunisians to organize an inclusive national dialogue bringing together all parties, civil society organizations, and ordinary Tunisian citizens to resolve the current political and economic crises and reestablish democratic governance in the country. 

TUN President Mongi Dhaouadi explains: 

“Kais Saied has single-handedly crashed the country into a cliff, and now, all Tunisians and the international community must come together to rescue this sinking ship. It is time to turn the page on the failed political and economic policies of the last 17 months and bring Tunisians together to restore democracy and solve common problems.”

From December 15-17, President Saied organized a sham legislative election, banning all political parties from participation and allowing candidates to run only as independent individuals. Initial voter turnout of 11.22 percent indicates that nearly 90 percent of voters boycotted the election, registering the lowest electoral turnout recorded in modern history. The next two lowest recorded election turnouts were Haiti at 18% in 2015 and Afghanistan at 19% in 2019. The Carter Center observed the election on the ground and concluded that “the elections lacked legitimacy and fell short of international and regional standards.” Other international election observation organizations, like the International Republican Institute (IRI) and the National Democratic Institute (NDI), refused to participate in the undemocratic process.

“The newly elected legislature lacks electoral legitimacy and does not represent the will of the Tunisian people. If convened, it would provide no check on presidential powers,” said Raed Jarrar, DAWN’s advocacy director. “President Saied has eliminated the independence of the judiciary, abolished the Supreme Judicial Council, and will most likely do the same for the proposed constitutional court.” 

After seventeen months of increasing power consolidation, there is no evidence that President Saied will restore democracy in Tunisia. Since seizing power, he has failed to adopt any meaningful reforms. Instead, President Saied has taken a series of unconstitutional, anti-democratic actions, including shuttering the parliament; dismantling the constitution; arbitrarily detaining hundreds of parliamentarians, politicians, journalists, and civil society activists; prosecuting and convicting civilians in military courts; dissolving the Supreme Judicial Council; firing dozens of judges without due process; and violently suppressing protests. Earlier this week, an “anti-terrorism” judge in Tunisia ordered the arrest of former Prime Minister Ali Larayedh on trumped-up charges no one is taking seriously.

Pursuant to U.S. law, the United States should restrict foreign assistance to Tunisia in recognition of the coup that has taken place in the country and impose Global Magnitsky and other sanctions against Tunisian officials implicated in grave violations of human rights. The White House and Department of State should encourage the Tunisian government to restore the Supreme Judicial Council, revoke all of the presidential decrees since the July 2021 coup, and urge Tunisians to organize truly inclusive crisis talks that bring together all political parties and civil society leaders. 

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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.