Tunisia’s Civil Society Under Siege: Defenders Sound Alarm

Saied’s Consolidation of Power

Since the 2011 revolution that toppled former President Zine El Abidine Ben Ali, Tunisia was hailed as the sole democratic success of the Arab Spring. The 2014 constitution enshrined freedoms of expression, association and assembly, and a vibrant network of non–governmental organizations emerged to monitor elections, promote women’s rights and defend labor standards.

President Kais Saied, a former law professor, was elected in 2019 on a platform of anti–corruption and renewal. In July 2021 he invoked a state of emergency, suspended parliament and assumed executive authority. The move was justified as a response to economic crisis and alleged terrorist threats, but it marked the beginning of a systematic dismantling of democratic institutions.

2021 emergency decree and constitutional changes

Saied issued a decree that gave him the power to rule by decree, effectively bypassing the legislative branch. Within months he introduced a new constitutional draft that reduced the role of the parliament, limited the independence of the judiciary and placed the president at the centre of the political system. Critics argue that the draft violates the principles of separation of powers that were carefully negotiated after the revolution.

New Legal Framework Targeting NGOs

In early 2023 the government adopted a revised Law on Associations and Foundations. The legislation imposes a series of requirements that were previously optional, including mandatory registration of all activities, prior approval for foreign funding and a quarterly audit by state auditors. Failure to comply can result in the suspension of the organization’s legal status.

The law also grants the Ministry of Interior the authority to dissolve any association deemed to threaten public order, without a transparent judicial review. Human Rights Watch has described the law as a “tool to silence dissent” and warned that it could lead to the closure of dozens of groups that work on gender equality, migrant rights and environmental protection.

Key restrictions introduced by the law

• Mandatory disclosure of all donors and amounts received.
• Prohibition of funding from any source that is not a Tunisian bank.
• Requirement to submit detailed activity reports within 30 days of each event.
• Power for authorities to freeze assets of organizations under investigation.
• Criminal penalties, including imprisonment, for leaders who fail to comply.

Arrests and Intimidation of Human Rights Defenders

Since the law took effect, at least twelve prominent human rights defenders have been detained on charges ranging from defamation to “undermining state security.” The cases have drawn condemnation from international watchdogs.

Notable cases

1. Amira Ben Salah, director of a women’s rights NGO, was placed under house arrest after publicly criticizing the president’s handling of the economy.
2. Mohamed Ali, a labor activist, received a six‑month prison sentence for organizing a peaceful demonstration in Sfax.
3. The founder of a migrant support network was fined and ordered to cease all operations after the ministry alleged irregularities in foreign funding.

In each instance, lawyers report that access to a fair trial has been limited, and families of the detainees have faced harassment.

International Response

Global human rights bodies have issued statements urging the Tunisian authorities to respect civil society space. Human Rights Watch called the new NGO law “incompatible with Tunisia’s international obligations.” Amnesty International highlighted the risk of a “climate of fear” that could deter activists from speaking out.

The UN Human Rights Office urged the government to ensure that any restrictions on association are necessary, proportionate and subject to judicial oversight. A joint statement from the European Union and several African Union member states called for the immediate release of all detained civil society leaders.

Impact on Civil Society and Future Outlook

The crackdown has already produced measurable effects. Membership in NGOs has fallen by an estimated 30 percent, according to a survey conducted by the International Federation for Human Rights. Funding from European donors has been halted for several projects pending clarification of the new legal requirements.

Nevertheless, activists continue to adapt. Some groups have shifted operations online, using encrypted messaging platforms to coordinate actions. Others have formed informal networks that operate without formal registration, accepting the legal risk in order to maintain a presence on the ground.

Experts warn that without a reversal of the restrictive measures, Tunisia could lose the democratic gains of the past decade. The country’s youth, who played a central role in the 2011 protests, are increasingly disillusioned, and the risk of social unrest grows as economic conditions worsen.

For now, the international community remains watchful. Continued pressure from diplomatic channels, combined with targeted sanctions against officials responsible for human rights violations, may provide the leverage needed to restore space for civil society. The resilience of Tunisian activists, however, suggests that the struggle for freedom of association will persist, even under the most challenging circumstances.