On 7 March 2023 EuroMed Rights issued the following statement regarding the situation in Tunisia:
For several weeks now, Kaïs Saïed’s presidentialist regime has been conducting a relentless campaign of arrests, intimidation, denigration and targeted attacks against political opponents, journalists, trade unionists and civil society representatives, under the pretext of an alleged conspiracy to undermine state security, accusations of corruption or contacts with foreign diplomats. International trade union activists who have come to participate in activities of the Tunisian General Labour Union (UGTT), such as Esther Lynch, the General Secretary of the European Trade Union Confederation, have been expelled and any other trade union representatives are now persona non grata in Tunisia.
“These arrests based on the crime of opinion and the widespread repression of freedom of expression in all its forms constitute a serious breach of the rule of law. They raise fears of a return to the practices of the authoritarian regime that preceded the January 2011 revolution. The national dialogue that the UGTT has initiated in partnership with the Tunisian League for Human Rights (LTDH), the National Bar Association and the Tunisian Forum for Economic and Social Rights (FTDES), towards a roadmap to overcome the political, economic and social crisis, must be supported,” said Wadih Al-Asmar, President of EuroMed Rights.
A justice system at the orders
Accused of being “traitors” and “terrorists”, the opponents of the regime put in place, month after month, by President Kaïs Saïed since his power grab of 25 July 2021, are challenging the concentration of powers, in particular the supervision of the Ministry of Justice and the dismissal of many judges and prosecutors. Controlling the judicial power is a weapon that the Tunisian authorities no longer hesitate to use and abuse to silence critics.
“The rule of law in Tunisia is on the brink of collapse,” added Wadih Al-Asmar. “The presumption of innocence is being flouted. Moreover, to declare that anyone who exonerates those prosecuted would be considered an accomplice is a denial of the role and independence of judges and prosecutors. The ban on demonstrations and the desire to isolate Tunisian civil society from its international contacts are other symptoms of the regime’s autocratic drift.”
Attacks on migrants
On 21 February, President Kaïs Saïed continued his diatribe by calling for “urgent measures” against the “hordes” of sub-Saharan migrants, endorsing the conspiratorial theory of the “Great Replacement,” which asserts the existence of a plot to change the demographic composition of the country. As a result, racist and violent attacks, both official and unofficial, against migrants from sub-Saharan Africa continue, leading to arrests and deportations.
“Migrants have been expelled from their homes and fired from their jobs; children have been removed from their schools; women of sub-Saharan origin have been reportedly raped. Fear is growing among migrants who have been living in Tunisia, some for years, causing many families to leave the country to avoid facing violence,” said Rasmus Alenius Boserup, Executive Director of EuroMed Rights. “The European Union and its Member States, in their bilateral relations with Tunisia, must make clear that arbitrary repression and incitement to racial hatred are unacceptable, and should express solidarity with all those arrested, defamed and subjected to violence.”
On 28 January 2020 The Human Rights Foundation in New York expressed its sadness at the passing of Tunisian activist, journalist, and educator Lina Ben Mhenni, after a long battle with a chronic illness (1983-2020).
“Lina was a force who fought tenaciously until her last breath. She fought censorship, corruption, and human rights abuses, all while grappling with serious illness. But nothing stood in her way. Her voice and cause will resonate with generations to come,” said Thor Halvorssen, president of HRF. “She will forever be an inspiration to all of us at HRF and in the Oslo Freedom Forum community to never give up even in the darkest moments. We will truly miss our beloved friend Lina.”
Lina was one of the only Tunisians to criticize the repressive government openly on international broadcasts before the Jasmine Revolution began in 2011. She is often described as one of the bravest bloggers in the world, whose work was instrumental in documenting, informing, and mobilizing citizens during the Revolution. Lina’s impactful achievements led her to be nominated for the 2011 Nobel Peace Prize. She authored and published a book the same year entitled, “Tunisian Girl: A Blogger for an Arab Spring.” Much of her writing was focused on freedom of expression and rights of women and students in Tunisia.
“Lina’s life experiences went beyond her 36 years. Many people know about Lina – whether through the media or different social platforms – but no amount of reporting on her could do justice to the values and principles for which she fought during Tunisia’s era of tyranny and after the Revolution,” said Aymen Zaghdoudi, MENA Legal Advisor at Article 19 in Tunisia. “Lina stood with the weak, the deprived, and the oppressed – even at the expense of her own health – and turned her pain into inspiration and hope for those around her.”
Lina spoke at the 2011 Oslo Freedom Forum, urging the outside world to continue to pay attention to events in Tunisia and other Arab countries where recent revolutions appeared to have ended. Upon joining the HRF community that year, she was actively involved in the discussions unfolding about the Arab Spring.
In recent years, Lina continued to press for human rights and continued democratic reform. In 2016, she started a campaign called “Books to Prison,” to counter extremism within Tunisia’s prisons. She was inspired by her father, who was a political prisoner, and had once told her that prisoners had so little to read to change their minds or be inspired. By November 2019, her campaign had collected more than 45,000 books, helping to free the minds of tens of thousands of people. Apart from her calls for democratic reform, Lina taught linguistics at a university in Tunisia and was a professional translator. She also brought awareness to the issue of organ donation and after a kidney transplant, amazingly received silver medals in the World Transplant Games.
You can read Lina Ben Mhenni’s blog “A Tunisian Girl” here.
Sometimes good news fall on the right day: a French court acquitted Tom Ciotkowski, a British human rights defender who documented police abuse against migrants and refugees and volunteers who were helping them in Calais. Amnesty International France’s Programme manager on Freedoms, Nicolas Krameyer said: “Today’s decision, delivered on World Refugee Day, is not only a victory for justice but also for common sense. Tom Ciotkowski is a compassionate young volunteer who did nothing wrong and was dragged through the courts on trumped up charges”. [see also: https://humanrightsdefenders.blog/2019/05/15/european-governments-should-stop-treating-solidarity-and-compassion-as-a-crime/]
EuroMed Rights focuses on the current practice of stopping people from disembarking ships/boats on the Mediterranean Sea shoreline, particularly in Tunisia. In many aspects, this situation is emblematic of the obstacles faced by refugees in obtaining protection and access to rights in the Euro-Mediterranean region. It is also emblematic of the unfailing solidarity with refugees of local organisations and individuals.
Freedom United issues a call to close Libyan slave markets.
Medecins Sans Frontieres (MSF) is featuring stories of survival—a collection of video testimonies and first-hand accounts from people who have risked everything for a chance at safety. As an organisation working with refugees and people on the move, we know that nothing—not a wall, or even an ocean—will ever stop people who are simply trying to survive.
Since the adoption of the Declaration on Human Rights Defenders (1998), UN bodies have developed approaches to promoting the work of defenders and ensuring their protection. However, this response has been insufficiently robust or coordinated, says the International Service for Human Rights (ISHR), one of the world’s foremost observers of the UN human rights system, in a piece published on 16 April 2018. Twenty years on, the situation for defenders in many countries around the world remains grave. [For earlier posts re the 20th anniversary of the HRD Declaration see: https://humanrightsdefenders.blog/tag/20th-anniversary-un-declaration-on-hrds/]
UN country missions and human rights mechanisms have developed some good practice in regard to the protection of human rights defenders (HRDs) but there is still much to be done to ensure a coherent, coordinated and courageous response. ISHR submitted findings on some aspects of the UN’s work on HRDs, to the Office of the UN High Commissioner on Human Rights (OHCHR) following its call for input. At country level, ISHR – along with partners Colombian Commission of Jurists and Ligue Tunisienne for Human Rights – found positive practice by OHCHR in encouraging the State to implement the Declaration.
‘In Colombia OHCHR has contributed to a collective understanding of who defenders are and what institutional changes may be needed to counter attacks against them,’ said ISHR’s Eleanor Openshaw. ‘While in Tunisia OHCHR has developed a database to systematise the process of follow up on UN recommendations.’ In other contexts, guidelines to steer bodies and representatives in country are often vague, with no mention of the Declaration as a key UN standard.
‘UN Resident Coordinators need to have an understanding of the Declaration on HRDs so they can ensure the protection of defenders is effectively integrated into their work,’ said Openshaw. ‘There is a gap between developments in key human rights mechanisms and country responses.’
Whilst there have been some positive developments connecting different parts of the UN system – for example the new UN Environment focus on environmental defenders, developed with the Special Rapporteur on HRDs – there is a lack of an informed or coordinated response in others. This points to the need for comprehensive UN-wide policies on the protection of defenders.
‘Ensuring coherence and effectiveness throughout the UN system in regard to the protection of defenders requires a strong steer from the very top – the UN Secretary General,’ said ISHR’s Tess McEvoy. ‘We hope Mr Guterres will commit this year – the 20th anniversary of the Declaration– to providing such leadership.’ The Special Rapporteur on Human Rights Defenders, Michel Forst has spoken of attacks against defenders ‘multiplying everywhere’.
Openshaw also stated: ‘The dangers for defenders are known. The UN system has good practice to build on – and it must – to fulfil its role in encouraging and demanding States realise their obligations to defenders.’
The UN Declaration on Human Rights Defenders has played an important role in expressly stating the right to defend human rights, and outlines the duties of States in this regard. As it forms the basis of key protection mechanisms, such as national and regional guidelines for the protection of human rights defenders, it has thus legitimated the work of human rights defenders. Twenty years on, women human rights defenders are marking this anniversary year to reflect on the significance of the Declaration to their work, movements and identities.
Therefore a number of NGOs are jointly organizing an event “The UN Declaration on HRDs at 20: Legitimating the work of Women Human Rights Defenders” on 16 March 2018 13:15-14:30 in Conference Room 11, UNHQ, New York
Opening remarks by Ms Ine Eriksen Søreide, Minister of Foreign Affairs, Norway
Evdokia Romanova, Youth Coalition Weaam Youssef, Gulf Centre for Human Rights Alma Sinumlag, Cordillera Women’s Education Action Research Center
Lopa Banerjee, UN Women
Closing remarks by Ms Neziha Labidi, Minister of Women, the Family and Childhood, Tunisia
The recent report SHACKLED FREEDOMS : WHAT SPACE FOR CIVIL SOCIETY IN THE EUROMED? depicts the obstacles and repression against civil society in the region and showcases first-hand accounts from Turkey, Egypt, Algeria, Syria, Israel and the Occupied Palestinian Territories among others. The report also features recommendations by CSOs for joint action and seeks to influence EU policies to that effect. The report also focuses on the impact of security and anti-terrorist policies and lists the growing arsenal of repressive measures – both in law and practice – that civil society organizations (CSOs) face on a daily basis: judicial harassment, surveillance, arbitrary arrests, torture and assassination.
Despite legal safeguards and the human rights “shared values” rhetoric in the EU, EuroMed Rights argues that European civil society is under increasing pressure. Austerity measures and anti-terrorism laws are increasingly used to legitimise practices that go against individual freedoms and rights of assembly, association and expression, such as in France, Spain or the UK, for instance. The report – published on 7 September 2016 – is the result of a seminar organised in April 2016 as an open dialogue between EU representatives, South Mediterranean activists and Brussels-based CSOs.
The Tunisian national dialogue quartet, a coalition of civil society organisations, has won the 2015 Nobel peace prize. The quartet is comprised of four NGOs in Tunisian civil society: the Tunisian General Labour Union, the Tunisian Confederation of Industry, Trade and Handicrafts, the Tunisian Human Rights League [the national affiliate of the FIDH – see press link below] and the Tunisian Order of Lawyers.
Kaci Kullmann Five, the chairman of the Norwegian Nobel committee, said the quartet had formed an alternative peaceful political process in 2013 when the country was on the brink of civil war and subsequently guaranteed fundamental rights for the entire population. Committee says the prize awarded for quartet’s decisive contribution to the building of a pluralistic democracy in Tunisia in the wake of the 2011 Jasmine Revolution
The Tunisia director of Human Rights Watch, Amna Guellali said the prize was being seen in the country as a reward for sticking with democratic principles. “The Quartet enabled the democratic process to go ahead, it was a political crisis that could have led to civil war,” she said. “People here will hope the award is not just a token celebration, but will bring Tunisia real help.”
At the 2015 Oslo Freedom Forum, on 27 May 2015, Tunisian human rights defender Amira Yahyaoui talks about the global youth as an underrepresented force in many governments. She draws attention to the fact that while the world’s citizenry is increasingly young, the global leadership remains old. She criticizes the lack of representation of women and youth by reminding us that these so-called “minorities” are, in fact, majorities in the world population. If we don’t fix this problem, she argues, more and more young people will be driven to extremist groups like the Islamic State where they are given the opportunity to lead.
Hans Thoolen on Human Rights Defenders and their awards 