Concerns Rise Over Election Integrity in Tunisia as Authorities Tighten Control

Tunisian authorities have undermined the integrity of the October 6, 2024 presidential election by amending electoral laws just days before the election, leading to the exclusion of opposition candidates, mass arrests, and media suppression. Human Rights Watch has condemned these actions as obstacles to a free electoral process, urging the release of arbitrarily detained individuals and a restoration of civil liberties.

Tunisian authorities have recently compromised the integrity of the upcoming presidential election scheduled for October 6, 2024, by hastily amending electoral laws shortly before the election date. These amendments have not only removed the Administrative Court’s jurisdiction over electoral matters but have also led to the exclusion and arrest of several opposition candidates and the imposition of arbitrary measures against political adversaries, independent media, and civil society organizations. A law passed on September 27 stripped the Administrative Court of its ability to address electoral abuses, which critics argue undermines essential oversight mechanisms. As reported, over 170 individuals are currently detained for political reasons or for exercising their fundamental rights, with more than 110 affiliated with the Ennahda party, the principal opposition group. The electoral commission further exacerbates this crisis by denying accreditation to election observers and targeting media entities, effectively stifling any potential dissent or scrutiny during the electoral process. Bassam Khawaja, deputy director of Human Rights Watch for the Middle East and North Africa, emphasized, “Tunisian authorities are systematically placing obstacle after obstacle in the way of a fair election and opposition candidates being able to campaign for president freely.” The newly adopted amendments now grant the Tunis Court of Appeal sole authority over electoral disputes, with appeals directed solely to the Cassation Court. This has significant implications, particularly since it effectively denies any recourse for judicial review of the electoral commission’s decisions. This concerning development follows the Administrative Court’s recent order to reinstate certain presidential candidates previously excluded from the electoral process, which the electoral commission ignored, initiating the campaign period with merely three candidates: the incumbent president, Kais Saied; Ayachi Zammel, a currently detained candidate; and Zouhair Maghzaoui, a former parliament member. In the lead-up to the election, authorities have escalated their crackdown on dissent, resulting in mass arrests targeting members and supporters of the Ennahda party. Many individuals remain detained under Tunisia’s 2015 counter-terrorism law, which permits detention without charge for up to 15 days, along with stringent restrictions on access to legal representation. The authorities shut down the Ennahda party headquarters earlier this year and have detained numerous party leaders since late 2022, including prominent figures like Rached Ghannouchi. Human Rights Watch notes that at least nine candidates have faced prosecution during this electoral period. The case of Ayachi Zammel, who was sentenced to a cumulative 12 years in prison for purportedly falsifying endorsements, exemplifies the repressive measures employed against prospective candidates. Moreover, in an attempt to curb civil society’s influence and independent observation, the electoral commission has denied accreditation to key electoral observation groups, I Watch and Mourakiboun, citing dubious claims of foreign influence. Such actions reflect a broader strategy of censorship against the media, with numerous outlets facing prosecution for allegedly questioning the commission’s validity and electoral transparency. Tunisia is a signatory to the International Covenant on Civil and Political Rights (ICCPR), which mandates the protection of voting rights free from discrimination. The United Nations Human Rights Committee underscores that fundamental freedoms of expression, assembly, and association are prerequisite for genuine electoral processes. Human Rights Watch urges the Tunisian authorities to release all individuals detained arbitrarily and to ensure that civil society and the media can operate free from interference, remarking that the ongoing actions against dissenters only serve to further undermine the legitimacy of the electoral process.

The Tunisian electoral landscape has become increasingly contentious as the October 2024 presidential elections approach. Authorities have enacted last-minute legislative changes aimed at consolidating power and limiting opposition participation in the electoral process. Recent developments highlight a troubling trend of political repression, characterized by mass arrests, media suppression, and restrictions on civil society’s capacity to operate independently. These actions raise profound concerns regarding the fairness and credibility of the electoral process in light of Tunisia’s obligations under international human rights treaties.

The actions of the Tunisian authorities leading up to the October 2024 presidential election indicate a systematic effort to undermine the electoral process and stifle dissent. With the recent amendments to electoral legislation, mass arrests of political candidates and opposition supporters, and a concerted suppression of independent media and civil society organizations, there are significant concerns regarding the integrity of the election. Human Rights Watch emphasizes the necessity for the authorities to restore fundamental freedoms and ensure a genuinely fair electoral environment in compliance with international norms.

Original Source: www.hrw.org