Beirut – The decision by Tunisian authorities to suspend the activities of several civil society organisations for a month, on grounds that lack a sound legal basis and appear largely arbitrary, is deeply concerning. It forms part of a pattern of restrictive measures targeting civil society through the use of legal loopholes and political influence. Such actions represent a clear violation of the rights and freedoms guaranteed under the Tunisian constitution and the international agreements ratified by the state.
Tunisian authorities continue to use national legal frameworks in a manner that strips them of their human rights substance, employing them as instruments to restrict civic space and hinder freedom of the media and civil society work. This practice reduces public participation and suppresses independent voices, in clear violation of Tunisia's obligations under the Tunisian Constitution and the International Covenant on Civil and Political Rights, both of which guarantee freedom of opinion and expression, freedom of association and public participation.
The associations subject to the suspension are active in defending women's rights, press and media freedom, and the economic and social rights of Tunisians
From 24 to 31 October 2024, the Tunisian authorities suspended the activities of three civil society organisations for one month: the Tunisian Association of the Democratic Women (ATFD), the Tunisian Forum for Economic and Social Rights (FTDES), and Nawaat, on the pretext of alleged administrative and financial irregularities, including receiving foreign funding. The decision was issued under Decree No. 88 of 2011 concerning the regulation of associations.
The targeted associations had complied with all official financial and administrative auditing procedures and had not refused to cooperate with the relevant authorities to ensure adherence to legal requirements. They had also taken steps to update their records in line with relevant regulations. Despite this, the authorities imposed arbitrary closure orders, indicating that the decisions are driven more by political motives than by procedural concerns. The measures appear intended to obstruct the work of these associations and weaken the independent role of civil society as part of a broader campaign to restrict the public sphere in the country.
Tunisian authorities did not follow the required legal procedures when enforcing the closure orders. The written closure decision to close Nawaat, which operates an independent investigative news website, was simply left outside the association's headquarters rather than being formally delivered to its legal representative or management. This constitutes a clear breach of legal notification requirements and proper administrative procedure.
The associations subject to the suspension are active in defending women's rights, press and media freedom, and the economic and social rights of Tunisians. They are known for their critical positions on government policies, particularly the arbitrary measures taken against journalists and civil society organisations. This strongly indicates that the suspension was issued in response to their oversight role and independent activity within the public sphere.
In a testimony to Euro-Med Monitor, human rights activist and Nawaat's lawyer, Ayoub al-Ghadamsi, stated: "The decision to suspend the association's work came within a wider campaign targeting numerous Tunisian civil society organisations. It concludes a process that began with investigations into unfounded allegations of funding irregularities, despite all documents being valid, verified, processed through the Central Bank of Tunisia, and formally communicated to the Prime Minister's office."
"The association's work is lawful, and there is no justification for these measures, particularly the suspension of its activities, which was entirely unwarranted," he added. "It should also be noted that the association responded transparently and in full compliance with the warning it received in December 2024 regarding the source of its funding and submitted all required documents."
He continued: "The one-month suspension will be followed by legal action to appeal the decision and seek its annulment before the Tunisian courts. Once the month has passed, the association will submit the necessary documents to resume its activities as normal."
Tunisian authorities continue a systematic campaign targeting journalists and public activists. Over the recent period, ten prison sentences were issued against journalists, six of which have already been enforced. In addition, 167 cases of assaults against journalists, correspondents, and photographers were documented last year, according to data from the National Syndicate of Tunisian Journalists. These developments indicate a marked deterioration in the media environment and the lack of essential safeguards for freedom of the press and expression in the country.
The authorities continue to detain four journalists: Shatha al Hajj Mubarak, Mourad Zghidi, Sonia Dahmani, and Borhan Bsaies, in addition to several political dissidents, based on arbitrary and vaguely worded laws and executive orders that clearly contradict fundamental rights and freedoms. These include the right to freedom of opinion and expression and the right to peaceful assembly, as guaranteed under the International Covenant on Civil and Political Rights.
Tunisian authorities are using Decree No. 54 of 2022, which concerns combating false information and rumours on the internet, along with other decrees and legislation, as instruments to restrict freedom of opinion and expression and to undermine press freedom. This has been carried out by prosecuting journalists and media activists, closing or disrupting media outlets, and imposing custodial penalties for expressing views or practising journalism.
Tunisia is a state party to the International Covenant on Civil and Political Rights, which protects the right to freedom of expression and of the press, the freedom to form or join associations, and the freedom of peaceful assembly. This places clear legal obligations on the Tunisian authorities to respect the Covenant's provisions and to ensure their implementation across legislative, administrative, political, and judicial practices.
Tunisian authorities must immediately reverse the suspension and closure decisions issued against the aforementioned civil society organisations, refrain from all forms of repression or retaliation against civil society actors and ensure that they can carry out their legitimate role in monitoring public policies and defending rights and freedoms.
Euro-Med Monitor urges the Tunisian authorities to immediately and unconditionally release journalists and all other detainees held due to their media or civil society activities or for exercising their right to freedom of expression, and to cease using politically motivated or vaguely worded charges to criminalise peaceful dissent or silence voices critical of the authorities.
The authorities must respect Tunisia's constitutional and international obligations, particularly those relating to the protection of the right to freedom of association, freedom of journalistic and social work, and the right of individuals to express their views without fear or restriction.
The judiciary and independent oversight bodies in Tunisia must protect rights and freedoms, refrain from using the legal system to prosecute journalists, activists, and civil society organisations, and ensure that decisions issued by the executive authorities are subject to effective judicial review that upholds international standards for a fair trial.
Relevant UN bodies, particularly the Office of the High Commissioner for Human Rights and the Special Rapporteurs, must urge the Tunisian authorities to end their arbitrary campaign against civil society and conduct a comprehensive review of the human rights situation in the country. This is necessary to ensure compliance with international human rights obligations and to safeguard the ability of individuals and organisations to exercise their activities and fundamental rights without fear of reprisal.
