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Tunisia

Section 2. Respect for Civil Liberties, Including:

Although government officials acknowledged a Ministry of Justice effort to review and revise the 1968 code of criminal procedures (CPP) and the 1913 penal code to comply with the 2014 constitution, activists and members of civil society expressed concern with the slow pace of reforms. Apart from a few discrete modifications to sections governing rape and pretrial detention, no changes have been made to the penal code since 2011, leading authorities to enforce provisions of the penal code that appear to contradict the rights and freedoms protected in the constitution. For the CPP, however, the government has introduced notable changes, including the introduction of alternatives to incarceration and probation (see section 1.c., Improvements), reorganization of Judicial Police and moving the Office of the Judicial Police under the authority of the Ministry of Justice, and applying a more refined definition of flagrante delicto, obvious offense. As of October 2019, the independent committee of experts in charge of amending these two criminal codes submitted revisions to the CPP to the Justice Ministry, enabling the ministry to prepare a draft law to parliament for review and adoption. By the end of January, the Ministry of Justice had nearly completed its efforts to revise the 1913 penal code to comply with the 2014 constitution and international human rights norms, according to representatives of the committee responsible for this process, but the revisions were pending parliamentary approval as of December.

Civil society activists continued to cite the lack of a constitutional court as hindering efforts to align existing legislation with the 2014 constitution and international human rights norms, particularly legislation pertaining to individual freedoms and fundamental rights (see section 3).

b. Freedoms of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, but the government did not always respect the right of association. The state of emergency law grants the government the right to limit the right of assembly, although the government rarely applied this law during the year.

Freedom of Peaceful Assembly

Despite the renewal of the state of emergency law, approximately 254 protests occurred peacefully in March and April, according to Tunisian Social Observatory for Economic and Social Rights. Nearly all of these were without incident and permitted by authorities. The protests appeared to influence the Ministry of Interior’s April removal of deputy governors in Monastir, Sousse, El Kef, and Ariana and the mayors of regions in El Kef, Manouba, and Siliana for allegations of corruption.

According to a December 9 report released by the Tunisian Social Observatory under the Tunisian Forum for Social and Economic Rights), 1,025 protests were registered in November, compared with 871 in October, an increase of 18 percent. Nearly 49 percent of the overall protests recorded in November (504) were staged in southern Tunisia (East and West).

In June protesters began a sit-in at the site of the El Kamour pumping station in the southern governorate of Tataouine, demanding job creation, regional development, and implementation of the 2017 El Kamour Agreement, which ended a previous strike (see section 7.a.). Police intervened on June 21 to remove the El Kamour protesters’ tents and arrested several demonstrators, including Tarek Haddad, the spokesman for the protest’s overseeing body, the El Kamour Coordination Committee (EKCC). Haddad had been on a hunger strike since June 18. The EKCC alleged security forces used excessive force to disperse the demonstration and end the sit-in, claiming several protesters were injured. Protesters then staged a June 23 march and sit-in outside the seat of the Court of First Instance to demand Haddad’s release, referencing a provision of the 2017 agreement which provided that demonstrators should not be prosecuted. Haddad and other protesters were released June 24. After a number of protesters corroborated the allegations of abuse, Amnesty International on July 27 called for an independent investigation into the actions of the security forces, but as of December, no charges have been filed against security officials. The government signed an agreement with protesters at El Kamour on November 7, ending the sit-in there.

Freedom of Association

The law provides for the right of freedom of association, but the government did not always respect it. A 2011 law on associations eliminated penalties in the previous law, as well as the prohibition on belonging to, or serving in, an unrecognized or dissolved association. The law eased the registration procedure, reducing opportunities for government entities to hinder or delay registration. According to the 2011 law, only the judiciary has the authority to suspend or dissolve an association. Several independent monitoring organizations asserted, however, that the government delayed registration of associations through unnecessary bureaucratic hurdles, at times for political reasons, a practice counter to the law.

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