A coalition of international human rights organisations, including Front Line, today (Thursday 22 July 2010) called on the Government of Tunisia expressing their deep concern regarding a newly adopted amendment to the Criminal Code of Tunisia that risks to further hinder the work carried out by Tunisian human rights defenders and undermine the protection and promotion of human rights in the country.

The signatories of the appeal to the President of Tunisia include Front Line, ACAT-France, Amnesty International, FIDH, EMHRN, OMCT and Human Rights Watch.

Extract from Open Letter to President of Tunisia

The [newly adopted] law complements the provisions of Article 61bis of the Criminal Code by adding the criminalisation “of any persons who shall, directly or indirectly, have contacts with agents of a foreign country, foreign institution or organisation in order to encourage them to affect the vital interests of Tunisia and its economic security”. This amendment may allow the prosecution and imprisonment of human rights defenders who cooperate with foreign and multi-lateral organisations, including the European Union (EU) and the United Nations (UN). Furthermore, this new criminal charge could target witnesses or victims of grave human rights violations if they communicate with “foreign entities”. Our organisations wish to reiterate that unfettered dialogue with civil society and full respect for freedom of expression and association constitute one of the pillars of these multilateral organisations.

These provisions constitute an additional obstacle to human rights activities in the country and may allow an increase in harassment against those who expose human rights violations, in flagrant violation of the international obligations undertaken by Tunisia, at a time when smear campaigns against human rights defenders have been on the increase. In articles published in the newspapers Al-Hadath, Koll Ennass, As Sarih, As Sabah, La Presse and Ach-Chourouk, several Tunisian human rights defenders who had been in contact with the EU were depicted as “traitors”, “agents” and “mercenaries” who “should be under trial”. The complaints filed by the defenders defamed are yet to receive a response.

These fears have been confirmed in a recent statement of Justice and Human Rights Minister Lazhar Bououni made during a parliamentary debate, where he said that “affecting the vital interests of Tunisia” also includes “inciting foreign parties not to extend credit to Tunisia, not to invest in the country, to boycott tourism or to sabotage the efforts of Tunisia to obtain advanced partner status with the European Union”1. The approval of this provision comes just one month after a meeting on May 11, 2010 of the Council of Association between the EU and Tunisia, and at a time when Tunisia has begun negotiations to obtain advanced partner status, although no noticeable progress concerning human rights has so far been achieved in the country.everal human rights NGOs and UN experts noted that the situation of Tunisian human rights defenders had been deteriorating since the launching of the campaign for the presidential and legislative elections held in October 2009. Trials that violate international standards on the right to a fair trial, arbitrary arrests, physical assaults, threats, seizure of material and smearing campaigns are increasing. Independent NGOs continue to be hindered in their human rights work, as the example of the Tunisian League for Human Rights (Ligue tunisienne de défense des droits de l'Homme – LTDH) demonstrates. These violations against human rights defenders are all the more concerning given the serious deterioration of the general human rights situation in Tunisia.