Tunisia is moving to adopt a draft law on associations that would violate the right to freedom of association and endanger civic space.
Development Diaries reports that the draft law was submitted by ten lawmakers to the Tunisian Parliament on 10 October, 2023.
It is understood that the draft law, if passed, would replace Decree-Law 2011–88 on associations, which enabled the emergence of a diverse civil society in the aftermath of Tunisia’s 2011 revolution.
After the 2011 uprising, the world watched with hope as Tunisia embarked on a path towards democracy, but over the years, the country has grappled with the suppression of civil society organisations (CSOs).
The government, despite being democratically elected, has often resorted to using legal and bureaucratic means to shrink the civic space.
Laws and regulations have been enacted, making it difficult for non-governmental organisations (NGOs) to operate freely and, in some cases, even criminalising their activities.
If the draft law is approved in its current form, it would give the government extensive control and oversight over these groups’ creation, operations, funding, and activities.
Governments cannot outrightly prohibit foreign funding for CSOs or demand prior government approval, according to Article 38 of the Guidelines on Freedom of Association and Assembly in Africa.
As mandated by Article Ten of the African Charter on Human and Peoples’ Rights and Article 22 of the International Covenant on Civil and Political Rights, Tunisia is required to uphold, defend, advance, and implement the right to freedom of association.
The suppression of civil society undermines the very essence of democracy, as vibrant CSOs are crucial for holding the government accountable and ensuring that the rights of the people are protected.
Development Diaries calls on the Tunisian government to drop the proposed draft law and instead commit to protecting the freedom of association.
The government must also guarantee that associations can function free from unreasonable constraints, political meddling, harassment, or intimidation.
Photo source: The New Arab