Posted 2010/7/9

Dublin: Open letter to President of the Republic of Tunisia to repeal amendment to Article 61bis of the Penal Code

A coalition of international human rights organisations, including Front Line, today (Friday 09 July) called on the Government of Tunisia not to introduce an amendment to the penal code which may hinder the work carried out by Tunisian human rights defenders for the protection and promotion of human rights.

Extract from Open Letter to President of Tunisia

The signatories of the appeal to the President of Tunisia include:

Action des chrétiens pour l'abolition de la torture (ACAT), the International Foundation for the Protection of Human Rights Defenders (Front Line), the Observatory for the Protection of Human Rights Defenders, a joint program of the International Federation of Human Rights (FIDH) and World Organisation against Torture (OMCT), the Euro-Mediterranean Network of Human Rights (EMHRN) and Reporters Without Borders (RSF)

Our organisations are deeply concerned about this law, which complements the provisions of Article 61bis of the Penal 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, witnesses or victims of grave human rights violations could also be affected by this new criminal charge if they communicate with any "foreign entities".

Our organisations wish to reiterate that unfettered dialogue with civil society and full respect for freedom of expression constitute one of the pillars of these multilateral organisations. These provisions also constitute an additional obstacle to human rights activities in your country. They may allow an increase in harassment against those who expose human rights violations, in flagrant contradiction of the international obligations undertaken by Tunisia.

These fears have been confirmed in a recent statement by Mr. Lazhar Bououni, Minister of Justice and Human Rights. In response to MPs' interventions during parliamentary debate, Mr Bououni stated that 'affecting the vital interests of Tunisia' also included '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 adoption of this new provision occurred at a time when smear campaigns 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' [ 2]. Our organisations are concerned that complaints filed by the defenders defamed are yet to receive a response.

The full text of the open letter to the President of Tunisia is attached as a PDF in French