Erosion of Electoral Integrity in Tunisia Ahead of Presidential Elections

Tunisian authorities are undermining the integrity of the October 6, 2024 presidential election by enacting amendments to the electoral law, targeting opposition candidates and civil society, and suppressing independent media. Human Rights Watch has documented mass political arrests and arbitrary restrictions on electoral oversight, leading to concerns over the legitimacy of the upcoming elections.

Tunisian authorities have severely compromised the credibility of the upcoming presidential elections scheduled for October 6, 2024, by enacting a series of unjust amendments to the electoral law on September 27, leading to significant limitations on political opposition and independent oversight. Human Rights Watch has reported that numerous opposition candidates have either been excluded from the election or arrested, alongside numerous arbitrary actions targeting political opponents, independent media, and civil society organizations. The recent amendments, which stripped the Administrative Court of its jurisdiction over electoral matters, effectively disable it as a mechanism for oversight against abuses. Consequently, over 170 individuals have been arrested for political reasons or for exercising fundamental rights, including more than 110 affiliated with the Ennahda party, the primary opposition group in Tunisia. According to Bassam Khawaja, the Deputy Middle East and North Africa Director at Human Rights Watch, “Tunisian authorities are systematically placing obstacle after obstacle in the way of a fair election and opposition candidates being able to campaign for president freely.” This situation is exemplified by the electoral commission’s arbitrary denial of accreditation to various election observers and its increasingly hostile actions against independent media. Specific reforms instituted post-2014 have relegated the Tunis Court of Appeal as the exclusive authority for resolving electoral disputes, negating any recourse to other judicial bodies, thereby further diminishing legal oversight. This shift follows previous administrative rulings that had reinstated excluded candidates, which the electoral commission blatantly disregarded, commencing the election campaign with a mere three candidates, including the incumbent President Kais Saied. Further compounding the integrity of the electoral process, the authorities have escalated their crackdown on critics and opposition members, most notably through mass arrests of Ennahda members just prior to the elections. The current political repressive atmosphere has also seen the Ennahda party headquarters shut down, with significant detentions of both current and former officials. In tandem with these actions, the government has curtailed civil society operations by denying accreditation to prominent election observation organizations such as I Watch and Mourakiboun, citing unsubstantiated concerns of foreign influence. Media freedoms have deteriorated significantly with multiple prosecutions of journalists and media outlets, leading to strict monitoring and punitive measures for coverage perceived as unfavorable to the electoral process. The Tunisian authorities are obligated under the International Covenant on Civil and Political Rights (ICCPR) to uphold citizens’ rights to participate in free elections. The Human Rights Committee has reiterated that fundamental freedoms are prerequisites for the exercise of voting rights. The overall trajectory of these developments illustrates a systemic effort by the Tunisian government to undermine the electoral process and establish an undemocratic environment leading up to the elections.

The political environment in Tunisia has been increasingly repressive, particularly following the 2011 uprisings which initially aimed at establishing democratic governance. However, recent actions taken by the authorities have sparked significant concerns regarding the integrity of democracy and justice in the electoral process. The government’s amendments to electoral laws and the crackdown on opposition parties and civil society mark a concerning trend away from the democratic principles that had been set in motion after the revolution. The intensified measures against political dissent and media freedoms highlight ongoing challenges faced by various stakeholders in the political landscape of Tunisia as it approaches a crucial electoral moment.

In conclusion, the impending presidential elections in Tunisia face critical challenges as the government implements legal and administrative measures that severely restrict opposition participation and compromise the electoral process. The systematic targeting of political opponents, independent media, and civil society organizations raises significant concerns regarding the legitimacy of the upcoming elections. The Tunisian authorities must address these violations and ensure an environment conducive to genuine democratic participation, upholding their commitments under international human rights law.

Original Source: www.hrw.org