Tunisian authorities suspend prominent civil society organisations in serious setback for freedom of association

Adala for All expresses its deep concern over the Tunisian authorities' decision to suspend the activities of a number of prominent civil society organisations, including the Tunisian Association of Democratic Women and the Tunisian Forum for Economic and Social Rights, for a period of one month.

According to available information, the decisions were based on a petition submitted by the Secretary General of the Government to the President of the Administrative Court in Tunis. These decisions are part of a systematic campaign targeting a number of independent associations that are involved in public affairs, criticise the authorities' policies and contribute to the defence of rights and freedoms. This campaign constitutes a dangerous escalation in the restrictions imposed on civil society.

Adala for All asserts that these measures constitute a clear violation of the right to freedom of association, guaranteed by Article 37 of the 2022 Constitution and Article 22 of the International Covenant on Civil and Political Rights, to which Tunisia is a signatory. These texts do not allow for any restrictions on this right unless they are necessary, proportionate and in accordance with the principle of the rule of law.

The suspension of long-standing civil society organisations working to defend human rights, equality and social justice sends a worrying signal about the authorities' declining commitment to fundamental freedoms and threatens to undermine the vital role that independent associations play in monitoring, accountability and promoting public participation.

Systematic erosion of civil space

Adala for All notes that this move comes in the context of growing restrictions on freedom of expression and organisation since 2021, through attempts to amend Decree No. 88 of 2011 regulating associations, tightening control over foreign funding, and targeting activists and human rights defenders through smear campaigns and prosecutions.

Since 25 July 2021, President Kais Saied has been dismantling the country's democratic institutions, weakening the independence of the judiciary, restricting freedom of expression and suppressing dissenting voices in a continuous effort to narrow the public space and undermine the role of independent civil society.

Tunisia is obliged to respect, protect, promote, and fulfil the right to freedom of association, which is guaranteed under Article 22 of the International Covenant on Civil and Political Rights and Article 10 of the African Charter on Human and Peoples' Rights.  , restrictions on this right may only be imposed if they are expressly provided for by law and are necessary in a democratic society, using the least restrictive means possible. It is also required that any restrictions imposed be strictly proportionate to the legitimate aim pursued and applied in a non-discriminatory manner, including on grounds of political opinion, belief or affiliation.

Ignoring these principles not only violates Tunisia's international obligations, but also threatens the very foundations of democracy, which is based on participation, accountability and an independent civil society.

Suspending the work of leading organisations with decades of history defending rights, freedoms, and equality sends a dangerous political signal that criticism and accountability are no longer acceptable, and undermines confidence in the state's commitment to the principles of democracy and the rule of law.

Adala for All calls on the Tunisian authorities to:

·      Immediately reverse the suspension decisions and re-enable the associations concerned to carry out their activities freely and without harassment;

·      Ensure respect for the legal framework governing associations in accordance with Decree No. 88 of 2011 and international standards on freedom of association;

·      End any administrative interference in the work of civil society and commit to the principle of the rule of law and the separation of powers;

·      Engage in transparent and constructive dialogue with civil society organisations on any concerns related to governance or funding, rather than resorting to restrictive or punitive measures.