3rd April 2023
As part of the efforts of the Arab Council for Combating Impunity and defending the economic and social rights and freedoms of Arab peoples, the “Strategic Litigation Gateway” affiliated with the Arab Council filed a general complaint on April 3, 2023, about the deterioration of the legislative system for combating corruption in Tunisia after the political change that occurred on July 25, 2021, and the regression of commitments arising from international conventions to combat corruption to the following United Nations bodies:

The Special Rapporteur on the independence of judges and lawyers.
The Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence.
The Special Rapporteur on the situation of human rights defenders.
The Special Rapporteur on the freedoms of peaceful assembly and association.
The Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression.
This complaint sheds light on the widespread corruption in Tunisia, reviews the changes that have occurred in combating corruption in the country since the 2011 revolution, the most important legislation enacted since that period to combat corruption in Tunisia, and up to the current president Qais Saied, after the political change he carried out alone on July 25, 2021, and what he has issued of decrees and taken measures that could hinder the fight against corruption and threaten the safety and freedom of whistleblowers and corrupt individuals. This endangers most of the gains achieved in the period after the revolution in implementing the commitments arising from the International Convention against Corruption and other relevant agreements.

The complaint was prepared by a group of lawyers working at the observatory for monitoring and at the Arab Council, and is based on information and testimonies documented by many Tunisian civil society organizations fighting corruption, especially the Raqabah Observatory. It includes examples collected during the field monitoring process of practices related to corruption in Tunisia. In addition, the working group relied on the United Nations Convention against Corruption for 2003, which Tunisia signed in 2008, as well as several studies and reports that were reviewed.

The report concludes with recommendations to the Tunisian government:

– Urging the Tunisian government to apply, develop, and enforce existing laws related to the fight against corruption in line with international standards, particularly those stipulated in the United Nations Convention against Corruption of 2003, of which Tunisia is a signatory.

– Requesting the Tunisian government to repeal any legislation or decisions that contradict the state’s commitments under the International Convention against Corruption, which were taken unilaterally by the President of the Republic during the period following his declaration of exceptional measures on July 25th, 2021.

– Calling on the Tunisian government to end the state of exception and emergency, and to work on establishing the Constitutional Court and independent constitutional bodies provided for in the 2014 Constitution, including the Higher Independent Authority for Elections, the High Authority for Audiovisual Communication, the Human Rights Authority, the Good Governance and Anti-Corruption Authority, the Sustainable Development Authority, and the Rights of Future Generations Authority.

– Demanding that the Tunisian executive branch dissolve the temporary Supreme Judicial Council, which was formed by the President of the Republic through unilateral will and without the minimum guarantees of judicial independence, and to repeal the decrees and decisions issued by it, including the dismissal of judges, and any measures that undermine the rule of law, the separation of powers, and the independence of the judiciary in the country, and violate Tunisia’s obligations under international human rights law, and calling for the reinstatement of the elected Higher Judicial Council.

– Urging the Tunisian government to issue a special law for emergencies that regulates the state of emergency, which requires special, limited powers to restrict some freedoms to maintain public order temporarily, in accordance with relevant international agreements, and ensure judicial oversight, with a clear distinction between the state of emergency and the state of exception to prevent the abuse of power by the President of the Republic based on empirical data that do not warrant such a situation. This should include a review of the regulations governing the state of exception, their further regulation in the constitution, and the expeditious establishment of a Constitutional Court that enjoys independence.

– It is requested that the Tunisian government incorporate all acts of corruption included in the United Nations Convention against Corruption into the Tunisian legal system, including acts of corruption related to foreign public officials.

– The Tunisian government is urged to enforce the declaration of assets law as a binding constitutional obligation, and to require public officials and parliamentarians to declare their assets upon assuming their positions and to publish them under the new freedom of information law, so that they are accessible to Tunisians.

– It is requested that the Tunisian government provide all guarantees for the existence of a fully independent judiciary capable of enforcing anti-corruption laws, establishing a constitutional court, and ensuring the independence of the economic and financial judicial pole.

– The Tunisian government is urged to review the penalty scale and impose penalties that reflect the seriousness of the crime by imposing fines and reasonable prison sentences depending on the type of corruption crime, especially highly prevalent and dangerous corruption crimes.

– The Tunisian government is called upon to take urgent measures to protect whistleblowers who have received protection decisions from the “National Anti-Corruption Authority” and others, and to tighten measures to combat retaliation and revenge against whistleblowers.

– The Tunisian government is requested to ensure the sustainability of anti-corruption measures and to create an effective system to combat corruption that is not based on personal considerations. Corruption should not be tolerated in Tunisia, and a sustainable strategy to combat corruption should be pursued to dismantle the structures that enabled corruption under the previous regime and after the revolution.

– The Tunisian government is urged to provide digital access to public services at the local and national levels, which will contribute to reducing bureaucracy and eliminating the possibilities of bribery at all government levels.

– The Tunisian government must be urged to lift restrictions on the right to access information, and any measures taken against the Access to Information Authority, and to repeal any regulations or instructions aimed at establishing rules that violate the basic law No. 22 of 2016, dated March 24, 2016, concerning the right to access information. This includes the cancellation of Prime Ministerial Decree No. 18 of 2022, which concerns “strengthening mechanisms for the protection of personal data” and requires the administration to seek a license from the National Authority for the Protection of Personal Data in all cases and without exception for each personal data processing operation. It also imposes automatic consultation and the obligation to consult the same authority on any issues or matters related to personal data.

– The Tunisian government must demand the provision of all guarantees of independence for judges of the Economic and Financial Judicial Pole and to avoid involving them in files with political dimensions, while enabling them to have all the appropriate material conditions to perform their duties, including increasing the number of investigative judges and administrative assistants and providing them with an adequate number of experts and necessary training courses. They must also provide all guarantees of protection for them in a suitable location that provides the necessary services.

– The Tunisian government must repeal the decision to close the National Anti-Corruption Authority and allow its offices to reopen, and return all files, documents, and equipment seized by the Ministry of the Interior to the authority, and ensure its independence in carrying out its duties and functions, with the appointment of an independent president and secretary-general, exceptionally, until the election of members of an authority with legitimacy to combat corruption by a legitimate parliament, in accordance with Article 6 of the International Convention against Corruption.

– The international community must prioritize funding for anti-corruption bodies and official and civil monitoring institutions, which will send a message to the Tunisian government that it takes this matter seriously and considers it of special importance. The government must do the same, especially since it claims that combating corruption is among its top priorities.

– The Tunisian government must take effective measures to combat corruption and ensure that all officials, whether they are politicians, civil servants, or businesspeople, are held accountable for their actions. They must also establish effective mechanisms to prevent corruption, investigate and prosecute corruption cases, and recover stolen assets. The government must also guarantee the protection of whistleblowers and ensure that they are not subject to retaliation or persecution for exposing corruption.

– The Tunisian government is asked not to restrict the work of civil society in Tunisia, especially the organizations concerned with fighting corruption, by ensuring the freedom to form associations and join them, the freedom of peaceful assembly, the freedom of access to information, and ensuring the freedom of the media to work freely.

The Arab Council thanks all the lawyers and human rights defenders who participated in drafting the statement, as well as all the victims who provided their testimonies to the Arab Council. The Council pledges to follow up on the outcomes of this statement and the response of the relevant parties to protect the legislative system for combating corruption in Tunisia and to stop all violations against this right and to punish all those involved in such violations.

Signed, President Moncef Marzouki
President of the Arab Council Foundation