Democratic Backsliding in Tunisia: the Case for Renewed International Attention Dokhi Fassihian Senior Program Manager, Middle East and North Africa, Freedom House

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Freedom House policy brief

September 2018

Democratic Backsliding in Tunisia: The Case for Renewed International Attention Dokhi Fassihian Senior Program Manager, Middle East and North Africa, Freedom House

Source: Yassine Gaidi/Anadolu Agency/Getty Images

• Tunisia was first ranked Free in Freedom in the World 2015, but democratic progress has since stalled. Renewed international efforts are critical if there is to be any chance of implementing much-needed democratic reforms ahead of the 2019 presidential and parliamentary elections. • Municipal elections were held in May 2018 after a two-year delay. While the elections were conducted without disruptions, they have been overshadowed by the government’s failure to revise the country’s laws to conform to the constitution. • Impunity for abuses and arbitrary restrictions by security forces, the government’s partial roll- back of fundamental freedoms, incomplete judicial reforms, and a weak legislative branch are the most pressing challenges to Tunisia’s democracy. • A restrictive law adopted in July 2018 requires civil society organizations to register with a new entity, the National Registry of Institutions, or face stiff penalties. • The United States, the European Union, and the World Bank should focus their assistance strategy on achieving key democratic benchmarks. • The US in particular should restart public diplomacy, pressing for the establishment of a Con- stitutional Court, the cancellation of the state of emergency, and revisions of the penal code and other repressive laws. 2 policybrief The law, adopted without civil society consultation, is needlessly restrictive and will harm the ability of ability operate. the to NGOs harm will and restrictive needlessly is consultation, society civil without adoptedlaw, The which 2018, of requires all nongovernmental30 organizationsLaw (NGOs) passed to registerparliament with a new Nationalthe Registryresurgence, of Institutions. authoritarian of sign latest the in 27, July On mation as requested through theFreedom ofInformation Law. 2018. April and 2017 May betweenobstructed was journalists of work the which in 162, of out 96 or incidents, The National requests. of information Union of Tunisianof freedom Journalists reported that government employees amajority were responsible for over 60 percent ignore of officials and journalists, and critics outspokento target codes military and penal, press, older to use continues government the constitution, 2014 the and 2011 of 115 Decree in military. enshrined the expression was of insulting freedom Although for in prison 16 to days in March sentenced was court, amilitary in conviction a similar after 2015 in time served had who Ayari, ground forces. staff for of chief as appointmentfor Essebsi’s choice Caid Beji ident Pres criticized he which in post Facebook a for January in court military a in prosecuted was parliament, Tunisia also has more work to do to ensure full civilian control over the military. Yassine Ayari, a member of have yet to beheldaccountable for thisact. perpetrators The a detainee. torturing allegedly for trial standing were who officers five release to court the forcing 2018, 26, February on Arous Ben in court a stormed union police the of members armed two authority,civilian and law of rule disregardbrashthe for exampleof an In present.lawyer a without sions zens on riot charges in response to anti-austerity protests earlier this year, compelling some to sign confes curfews,protestsimpose order.courtban a and raidwithout homes, citi arrestedthousand They a nearly to authority expanded their used haveTounesforces party. Nidaa Security ruling the in including regime, former the with associated figures to ties close maintains that sector security unreformedlargely a ered passed an antiterrorism law that gave sweeping authority to security forces. and lifted, be to yet has that emergency state of a imposed year, next It terroristvery 2015. attacks the in and democratic” in the Arab world, the government of Tunisia started rolling back freedoms in response to most“the egalitarian as Committee Nobel the Norwegian by was hailed a constitution that adopting After Tunisia’s slow democratic backslide national standards. the lifting stateCourt, emergency, of new the penal with constitution the code harmonizing and and inter on achieving key democratic reforms over the next year. strategy These should include establishing assistance a Constitutional and diplomatic their focus Bank—should World the and Union, European the States, the reform agenda are high. The principal international supporters of Tunisia’s new democracy—the United stakes for the 2019, in corner the around just elections parliamentary and presidential with Nonetheless, hands andrunningfor political office. dentcandidates reflected political dynamic culture citizens a which in are democracy taking their own into indepen by victory a decisive two-year delay. turnout, a after low relatively the 2018 Despite May in held finally were elections council municipal first country’s the 2015, since development positive most the In If Tunisia’s democratic slide continues atitscurrent rate, the country islikely toloseits Free status. cratic reforms called for by the constitution, and its scores in Freedom in the World have dipped accordingly. stalled. The government has been unwilling or unable to implement many of the most fundamental has demo progress democratic then, Since elections. national fair and free held and constitution progressive a countrywasThe rated in theof Free for Freedom edition first 2015 it the the adopted World, in after time democracy andisshowing signsofbacksliding. for decades. Nearly eight years after its revolution, however, Tunisia remains far from consolidating its new ed the feasibility of peaceful democratic transitions, even in settings where authoritarian rule has prevailed and repression that have racked so many other countries the violence in the region. avoiding Its negotiations, comparativeconstructive and successelections, demonstrat free debate, civil through crisis the igated upheavalpolitical Arab 2011, statesand the in uprisings all navexperiencedpopular thatOf alone Tunisia Introduction 2 The Tunisian Freedom of Press Center reported that 63 percent of applicants did not receive inforreceive not did applicants of percent 63 thatreported CenterPress Tunisian of The Freedom 5 Failure to register or even errors on NGO applications could result in stiff fines and up fines stiff in result could applications NGO on errorseven or register toFailure 3 1 These measures have empow ------4 policybrief 3 ------The 10 This development is part of of part is development This 6 9 Hundreds of others have complained that their registration requests were stalled or blocked or blocked stalled were requests registration their that complained have of others Hundreds 7 8 country, including country, in the president’s State of the Union address. Such high-profile publicdiplomacy both reflects and drives intensive engagementat all levels of the USgovernment on a givencountry or issue. At the same time, the democracy and human rights agenda in Tunisia has seemingly declined as a policy pri policy a as declined seemingly has Tunisia in agenda rights human and democracy the time, same the At US president, officials—the Top public high-level diplomacy. through measured the ority United States, for Tunisiathe between vice 2010and activelypresident, and on engaged the 2015, of secretary state—were the after Free Partly to Not Free from jumped status in the World Freedom the country’s in which a period elections. following the US subsequent adoption and constitution of the new Free to and finally revolution of secretaries made state four visits and to top Tunisia, officials madedozens of public remarks about the Tunisia was nonexistent before the but byrevolution, before for 2015, 18 it €356 was nonexistent of percent accounted the bloc’s Tunisia million aid package to the dubbed country, a “Marshall Plan” to support democraticconsolidation. proj Governance” Local and Development “Urban its to million $430 allocated has part, its Bank,for World institutions governance of capacity the improve helped has which decentralization, Tunisia’s support to ect level. the local at ‘Too important to lose’: Tunisia and the international community and the international Tunisia lose’: to important ‘Too The United States, the European Union, and the World Bank are the largest donors supportingTunisia’s democratic development. As soon as the Constituent Assembly passed the 2014 constitution, US democ increased by (FY) over 4,000 $500,000 from 2015 percent, in to funding $20.89 racy Fiscal Tunisia Year for million in FY 2016. (It then increased again to $40.99 million in FY 2017.) The democracy EU’s funding to The court has become a bone of contention among political parties, and the process for selecting nominees selecting for process the and parties, political among contention of bone a become has court The suffers from a severe lack of The transparency. Supreme Judicial Council (CSM), a new body dysfunc tasked and weak is with overreach, executive against guarding and judges and prosecutors Tunisian managing its inability for and criticized infighting by plagued been has it 2016, in constituted fully being Despite tional. to carry out its duties. Court, The whose Administrative are members byappointed President Essebsi, can judges. corrupt to discipline decisions the CSM’s overrule still lack andstaff Tunis office travel space.meetrarelyto outside They with constituents influence or the bills that their party leaders tell them to vote on. These and other weaknesses prevent the of power. center as an independent operating parliament from has Tunisia struggled to achieve an independent judiciary. Most worrisome, the Constitutional Court has yet to be established even though the constitution mandated that it be formedbefore November 2015. women from marrying outside their faith, and the rule was then duly abolished. then duly the rule was and marrying outside their faith, from women new Tunisia’s democracy still suffersfrom a lack of checks and balances. Theexecutive branch playsoutsized role an in governance, including by presenting in 2018, allbudget; national the of newshare legislationthe lion’s and controls office initiatives Essebsi’s President efforts. coalition-building and leading most the times four almost million), ($39.1 dinars million 109 was alone president the of office the for budget the budget for the parliament (31 million dinars, or $11.3 million). Members of the parliament consequently en’s Day on August 13 to announce his support for equal inheritance rights for women, drawing significant significant drawing women, for rights equal inheritance announce his support for 13 to on August Day en’s media attention to the issue. Thegovernment has madegreat strideson women’s rights since therevo lution, including adoption of a landmark domestic violence law secured in 2017.government the after But day the these initiatives year, Last issues. other on actions often seem retrograde more obscure to timed passage of a amnesty lawforfiercelycontested immunitygave that financial crimes toprominent officials Muslim Tunisian prohibited that law a of repeal the for support announced Essebsi regime, former the from 2011, which is considered the most progressive NGO framework in the region. the in framework NGO progressive most the considered is which 2011, an alarming trend in which the concerns and input of civil society are being sidelined by the government. another referred and 198, dissolved associations, 157 suspended government the 2017, and 2014 Between court. 947 to entirely. Wom National of occasion the used Essebsi President restrictions, NGO the of passage the after weeks Just to a year in prison for NGO staff. The to to legislation the appears a violate 2014year in constitution Decree prison and NGO for of 88 staff. brief policy

Since 2015, however, there has been a steep drop-off in top US officials’ attention to Tunisia’s democratic transition. In fact, over the past three years there have been no visits or public statements by the president, vice president, or secretary of state on democracy and human rights challenges in Tunisia. This decline coin- cides with the country’s stalling and backsliding on reforms—despite the dramatic growth in US democracy assistance.

Research has shown that foreign aid tends to boost existing political institutions and inflate the power of- rul ing coalitions while making them further resistant to change, especially if the aid is not targeted strategical- ly.11 A senior development official in Tunis recently told Freedom House that one of the reasons reforms have stalled in the country is a lack of any consequences imposed by international donors for government inaction or backsliding. “Right now, no matter what, the Tunisian government still gets paid even if they do nothing. Donors and international partners continue to give money to Tunisia without demanding meaningful reforms because the country is deemed ‘too important to lose.’”

Democratic transitions are decades-long endeavors that require focused and high-level diplomatic attention from the international community. Despite some gains, primarily on women’s rights, the governing Nidaa Tounes party has been unwilling or unable to implement key reforms or revise outdated legislation to conform to Tunisia’s constitution. Uncritical support for the government and unconditioned foreign aid will not improve this record, and instead threatens to entrench the status quo.12 Restarting public diplomacy and imposing conditions on programmatic assistance should be a priority if Tunisia is to have any chance of consolidating its democracy. Otherwise, the country may follow in the footsteps of other Arab states like Jordan

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- - - - 13 . - - - - - Legal https:// http:// ; “Tunisia: ; “Tunisia: US and EU www.hrw.org/ . The decline in high-level . https://goo.gl/3WF9S1 http://www.icnl.org/research/moni https://www.foreignaffairs.com/arti . . https://pomed.org/wp-content/uploads/2018/07/ . . https://bit.ly/2Nw19x2 . The World Bank may argue that it is purely focused on promoting eco promoting on focused purely is it that argue may Bank World The https://colibe.org/wp-content/uploads/2018/06/Rapport-COLIBE.pdf ; ”Tunisia: LGBT Group Suspended,” Human Rights Watch, January 16, 2016, Watch, Human Rights Suspended,” Group LGBT ; ”Tunisia: https://onlinelibrary.wiley.com/doi/full/10.1111/kykl.12018 . . . https://www.washingtonpost.com/news/monkey-cage/wp/2016/12/19/how-foreign-assistance-can-hurt-not-help-tuni https://goo.gl/RjTY9m state capacity, coalition politics and governance, electoral confidence, and citizen trust in government. in trust citizen and confidence, electoral governance, and politics coalition capacity, state The World The Bank World should specificincorporate democracy andgovernance benchmarksrelevant into portfolio. lending its of portions Local and Development “Urban the like programs that is reality the but Tunisia, in development nomic Unlike well. as reforms democratic of promoter key a bank the made already have project Governance” with its economic development portfolio, the however, bank does notattach clear governance benchmarks democracy to this lending. and It should adopt specific mechanismsto assess like indicators policymakers policymakers should ensure that their efforts directly address thecountry’s most critical democratic obstacles. Program goals could include promotion of an civic and independent parliamentary judiciary strengthening and and functioning organizations, legal society civil of rights the of protection system, on engagement policy and governance. Additional funding should beavailable on aconditional basis, the abolishing as such benchmarks, certain meets government Tunisian the when and if only disbursed use of military trials for civilians and security ensuring unions that Tunisia’s are subject to the rule of and civilian authority. law lishment lishment of the Constitutional Court, the cancellation of thestate of emergency, and revision of the penal code and other laws to comply with the constitution andinternational standards. reforms should encompass both pre-2011 legislation and morerecent measuresthe in outlined likerecommendations the the on act also should government restrictive The laws. NGO and antiterrorism in June. released (COLIBE), and Equality Individual Freedoms Commission for of the country’s report US and EU assistance to Tunisia should prioritize and incentivize democraticreforms. The US secretary of state should travel to Tunisia before the 2019 national elections to reinforce the reinforce to elections national 2019 the before Tunisia to travel should state of secretary US The inconsolidation the country. to democratic commitment US government’s public back since diplomacy and2015 by the democratic has States United with coincided stagnation from attention Tunisia.sliding Renewed leaders despite a rise to dramatic assistance in programmatic well spent. aid funds are that and ensure pattern this help change could in Washington the estab including steps concrete take to government the Tunisian on call EU should The US and The total includes funding under the European Neighbourhood and Partnership Instrument (ENPI) and the European Neighbour (ENPI) and the European Instrument and Partnership Neighbourhood includes funding under the European The total Robert Kubinec, “How Foreign Aid Could Hurt Tunisia’s Transition to Democracy,” Monkey Cage (blog), Washington Post, December Post, Washington (blog), Cage Monkey to Democracy,” Transition Tunisia’s Aid Could Hurt Foreign “How Kubinec, Robert COLIBE report, June 12, 2018, report, COLIBE Nabamita Dutta, Peter T. Leeson, and Claudia R. Williamson, “The Amplification Effect: Foreign Aid’s Impact on Political Institu on Political Impact Aid’s Foreign Effect: T. Leeson, and Claudia R. Williamson, “The Amplification Peter Dutta, Nabamita National Syndicate of Journalists, Annual Report 2017–2018, Annual of Journalists, Syndicate National Reza Sakrafi, “The Right to Form Associations in Tunisia: Between Legal Texts and Actual Practice,” Point Juridique, October Juridique, Point Practice,” Texts and Actual Legal Between Tunisia: in Form Associations Sakrafi, to “The Right Reza 22, 2017, November Kapitalis, 2018,” for Is Approved Budget “The of the Republic’s Presidency On the eve of the parliamentary vote, 24 NGOs said in a public statement that the draft law was unconstitutional and “would limit and was unconstitutional law the draft that 24 NGOs said in a public statement vote, of the parliamentary On the eve “Civic Freedom Monitor: Tunisia,” International Center for Not-for-Profit Law, August 11, 2018, August Law, for Not-for-Profit Center International Tunisia,” Monitor: “Civic Freedom 7, 2018, August Affairs, Foreign in Tunisia,” “The Human Rights to Threat Quiet Yerkes, Sarah Qa’lol, Yusra, “Tunisian Center for Press Freedom Issues Its Annual Report on Freedom of Press,” Express FM, May 2, 2018 FM, May Express of Press,” on Freedom Issues Its Annual Report Freedom Press for Center “Tunisian Qa’lol, Yusra, Wafa Ben-Hassine, “Tunisian Civil Society’s Unmistakable Role in Keeping the Peace,” Atlantic Council, January 19, 2018, Atlantic the Peace,” in Keeping Role Unmistakable Civil Society’s Ben-Hassine, “Tunisian Wafa “Tunisia: ‘We Want an End to the Fear’: Abuses under Tunisia’s State of Emergency,” Amnesty International, February 13, 2017, International, Amnesty of Emergency,” State the Fear’: an End to Abuses under Tunisia’s Want ‘We “Tunisia: tions,” Kyklos, April 11, 2013, tions,” 12 19, 2016, sias-democratic-transition/ 13 www.atlanticcouncil.org/blogs/menasource/tunisian-civil-society-s-unmistakable-role-in-keeping-the-peace 8 21, 2017, news/2016/01/16/tunisia-lgbt-group-suspended 9 22, 2017. November Al-Masdar, 2018,” for Approved Budget Parliamentary 10 (ENI). hood Instrument 11 4 tor/Tunisia.html 5 cles/middle-east/2018-08-07/quiet-threat-human-rights-tunisia 6 see statement, of the a translation For of association.” the principles of freedom Press-Release-Re-Draft-Law-30-2018.pdf?utm_source=Project+on+Middle+East+Democracy+-+All+Contacts&utm_campaign=e bac1539f9-Tunisia_Weekly_Update_170802_COPY_01&utm_medium=email&utm_term=0_75a06056d7-ebac1539f9-215970617 7 1 https://www.amnesty.org/en/documents/mde30/4911/2017/en/ 2 3 goo.gl/VyG8hr 4. 3. 1. 2. consolidated electoral democracies now than they were 10 years ago. ago. years 10 were they than now democracies electoral consolidated strategy effective a more toward steps First more to Bank World and EU, US, the for points entry as serve should recommendations policy following The consolidation. democratic Tunisia’s support effectively or Egypt, which have received billions of dollars in aid over the past decade, but are further from achieving achieving from further are but decade, past the over aid in dollars of billions received have which Egypt, or Freedom House is an independent watchdog organization dedicated to the expansion of freedom and democracy around the world.

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