Rencontre avec des défenseur·e·s des droits humains en Tunisie

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Hearing with human rights defenders in Tunisia

During an online meeting last week with eight Tunisian human rights defenders I heard how the restrictions against them have intensified since I spoke with Tunisian defenders last year and have spread into new areas, creating a heightened climate of fear across the country.

They spoke about limits to the independence of the judiciary and the work of human rights lawyers, and even their criminalisation. They told me that HRDs and journalists observing the situation surrounding presidential elections set for 6 October 2024 have also been faced with arbitrary arrest, defamation campaigns. And I also heard about the increased criminalisation of migrant rights defenders since earlier this year.

Judges described to me how their efforts to protect the independence of the judiciary were being met with disciplinary action, travel bans and the threat of revocation of their status. This was linked to President Kais Saied’s decision in February 2022 to dissolve the High Judicial Council and replace it with a temporary body with appointed members. In June 2022, President Saied decreed the dismissal of 57 judges and prosecutors, accusing them of corruption.

One of the lawyers told me there has been a huge increase in unfair trials. Another said he felt he was working “in front of judges who are essentially state officials,” and thereby threatening the right to a fair trial. A number of human rights lawyers defending political detainees accused in a case known as “Conspiracy against State Security” were themselves faced with the same terrorism charges, linking human rights work to political acts.  “There is sometimes a willingness from the authorities to portray HRDs as political figures,” one of them said.

Affecting the whole range of HRDs is the misuse of laws, which appears to have intensified since I met with Tunisian HRDs a year ago. One of these laws is Decree-law No. 2022-54. Adopted in September 2022 to regulate information and communication systems, it imposes heavy penalties for spreading allegedly false information and targeting a state agent. It has increasingly been used to silence defenders and government critics. A member of the National Journalists Association told me that recently her colleagues have been regularly harassed online, defamed as traitors and threatened with jail sentences by government supporters: “It starts on social media but then goes to legal proceedings,’ she said.

A woman human rights defender pointed to what she called “the huge pressure because of the threat of judicial prosecution” on journalists and civil society organisations who were “trying to monitor and cover the election process in a neutral way.”

According to a young HRD, Decree 54, as it is commonly known, made it difficult to “do advocacy work without speaking publicly” about  human rights violations they had documented. He was briefly arrested after he spoke at a protest demonstration, but he said many other young activists were living in fear, and were particularly targeted in defamation campaigns if they denounced police brutality.

I also heard how hate speech and judicial harassment targeting migrant rights defenders have continued with impunity especially after May 2024, when President Saied accused associations which “assist illegal migrants” from sub-Saharan Africa of receiving “enormous funds from abroad” and of being “mostly traitors and foreign agents.” Migrant support organisations were shut down, their staff members, as well as lawyers commenting on the issue, were arrested and accused of illegally sheltering people in Tunisia, and they were routinely targeted in online smear campaigns. A migrant rights defender, who was under a travel ban, told me that “this is not something we hear a lot about because it happens in regional areas,” but several government-supporting groups have tried to threaten them and their solidarity network, leaving them in physical and psychological danger. He said it had become “very hard to access local or central authorities”, shutting down any cooperation that had previously existed.

To sum up, as one human rights lawyer told me “We are just trying to maintain what is there, not even trying to do more because we can’t – a little bit of freedom of expression, a little bit of democracy, a little bit of independence of the judiciary that still exists.”

Between the beginning of my Mandate in May 2020 and  December 2022, I led and joined three communications to the government of Tunisia, including on the judicial harassment of LGBTQ rights defender, on police attacks on a blogger and on freedom of association. Since January 2023, I have led and joined twice as many communications, many of them on the independence of the judiciary; on charges against human rights lawyers; on freedom of expression and of association, on the arrest of a prominent woman human rights defender,  and on gender and sexual orientation discrimination. I also issued a press release on the dangers facing migrant rights defenders.

I am hoping that in the coming months and years, human rights defenders will again be viewed as potential allies of the State, and not its enemy, and that they will have full freedom to conduct their work on the protection of rights and the documentation of violations in accordance with international human rights laws.

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