Source: Africa Press Organisation – English (2) – Report:
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Against the backdrop of a deepening cost of living and environmental crisis and despite repeatedly committing to upholding economic and social justice for the most disadvantaged, over the past five years Tunisia’s authorities have targeted individuals from marginalized and impoverished communities for peacefully protesting or striking over socioeconomic and environmental issues, Amnesty International said in a new report published today.
The report, ‘We were only asking for our rights and dignity’, highlights how Tunisia’s authorities have arrested, investigated or prosecuted people for peacefully protesting or striking over socioeconomic and environmental issues such as poor working conditions, pollution and access to water using vague charges of “obstruction.”
Between February 2020 and January 2025, the authorities have targeted at least 90 peaceful protesters, activists, trade unionists, and workers simply for exercising their rights to freedom of peaceful assembly, to form and join a union, and to organize and participate in strikes.
“The right to freedom of peaceful assembly is fundamental to a thriving society and serves as a crucial means to strengthen human rights and protect workers’ rights,” said Sara Hashash, Deputy Regional Director for the Middle East and North Africa at Amnesty International.
“This report highlights a worrying pattern of unjust criminalization of peaceful activism, usually at a local level where communities or workers have mobilized for their basic socioeconomic or environmental rights. It is another, less visible, manifestation of the repression of peaceful dissent within a broader crackdown on human rights and the rule of law in Tunisia and further threatens civic space in the country.
“Instead of using vague ‘obstruction’ charges to stifle or punish expressions of peaceful dissent or dissatisfaction over basic rights related to environmental or labour-related concerns Tunisia’s authorities should be working to safeguard and uphold the right to freedom of peaceful assembly in line with their international human rights obligations.”
Amnesty International has investigated nine cases as illustrative examples of a wider pattern of criminalization of peaceful assemblies using “obstruction” charges, cases which are likely to be under-reported due to their localization, the lack of access to human rights organization by affected communities and the fear of reprisals from authorities and employers.
The organization interviewed 26 people, eight of their lawyers and four family members to document these cases involving the investigation, arrest or prosecution of 90 people using “obstruction” charges. These vaguely formulated provisions do not meet the principle of legality and do not proscribe an internationally recognized criminal offence.
The legal proceedings were initiated in reprisal against peaceful assemblies or union activism, often affiliated with the Tunisian General Labour Union (UGTT), and have sought to deter protesters and others from participating in future protests and strikes. Among those targeted, 16 were arrested and detained for periods ranging between three days and 20 months. Individuals targeted include residents and environmental rights activists who protested for their right to water and a healthy environment, and workers and unionists who organized protests and strikes over employment and working conditions.
As one striking female worker from a shoe factory in Kairouan stated: “It was the last straw, we decided to take action… We are not protected from chemicals we use in the factory… in the summer we have to work in very high temperatures; there is no water, no respect for our welfare… If you get sick you get a pay cut… You are dismissed if unable to work… There is always a lot of verbal abuse and insults.”
She described how they were summoned by police in November 2024 right before the constitutive meeting for a new union: “[They] wanted us to say that [we were] manipulated into doing something illegal, or that we had other suspicious motives, but there was no basis to it. We were only asking for our rights and our dignity.”
While most of the individuals concerned were convicted and sentenced to fines or suspended prison terms, or have not been detained pending trial, this pattern has a chilling effect on individuals considering voicing concerns over their social, economic, and environmental rights.
A local resident from the town of Bargou in the northern region of Siliana who participated in a protest about access to water in February 2023 stated: “It was barely a protest, we stood on the side of the road holding signs, there wasn’t any disruption. They [the police] summoned dozens of people for that’”
A local activist from the eastern region of Sfax, convicted for his involvement in an environmental protest movement in June 2023, told Amnesty International: “Everyone was taken to court. It was a way to silence us… to say close your mouth or you will go to prison”.
In February 2020, authorities summoned a group of women forestry maintenance workers in Sfax following a sit-in to protest their working conditions. Police asked them to sign statements in which they would commit not to protest again, infringing on their right to peaceful assembly.
Compounding this, in five of the cases documented, serious violations of the right to a fair trial and due process took place, including instances where defendants’ rights to information and adequate defense were denied.
In eight of the nine cases investigated, authorities used Article 136 of the Penal Code on “obstruction of work,” and in one case, they used Article 107 of the Penal Code on “obstruction of a public service.”
“Obstruction” charges have at times also been used as part of a set of charges brought against prominent political and civil society figures who expressed their opposition to President Kais Said, such as judge Anas Hmedi and opposition party leader Abir Moussi.
“The arbitrary application of these vaguely worded ‘obstruction’ legal provisions, coupled with fair trial violations, violates Tunisia’s international human rights obligations and sends a chilling message to anyone daring to speak out for their rights,” said Sara Hashash.
“Tunisia’s authorities must immediately quash convictions and drop charges in all cases relating t individuals’ participation in peaceful street protests and labour strikes. They must also repeal Articles 107 and 136 of the Penal Code or amend them in line with international human rights standards.”
Following President Kais Saied’s power grab on 25 July 2021, Tunisian authorities have escalated a wider crackdown on human rights including the right to freedom of expression and all forms of dissent, using repressive laws and unfounded charges to prosecute and arbitrarily detain political opponents, journalists, human rights defenders and civil society activists, lawyers and other perceived critics, while eroding judicial independence and the rule of law.
The rights to freedom of expression and peaceful assembly are guaranteed under the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights, to which Tunisia is a state party. Under international human rights law, states have an obligation to tolerate temporary obstruction caused by a peaceful assembly, such as disruption of road traffic, pedestrian movements, or economic activity. The mere obstruction of movement or traffic cannot be equated with violence.
– on behalf of Amnesty International.
