Tunisia’s Proposed NGO Law: A Threat to Civil Society and Democracy

Tunisian Lawmakers Must Reject Highly Restrictive NGO Law, Warns Amnesty International

Amnesty International has called on Tunisian lawmakers to reject a proposed NGO law, fearing that if passed it would severely curtail the activities of independent civil society organizations in the country. The draft law, which seeks to replace the current NGO law of 2011, contains a number of unnecessary and disproportionate restrictions on the establishment, operation, and funding of civil society organizations, and poses a threat to their independence.

Dangerous Constraints on Civil Society

The proposed law would allow for undue interference from the government, thereby limiting the ability of civil society organizations to carry out their work freely. Amnesty International warns that adopting this law would be a step backwards for Tunisia, taking the country back to the era of Ben Ali, when civil society operated under severe restrictions and international human rights organizations were not permitted to have a presence in the country.

One of the key reforms enacted in Tunisia after the 2011 uprising was the establishment of NGOs by notification rather than authorization. However, the draft NGO law introduces a multi-layered and burdensome registration process that undermines this principle (Articles 7, 8, and 9). The law grants broad discretion to the NGO directorate within the Prime Ministry to object to the establishment of an organization within one month of registration, effectively stalling its operations. Furthermore, the grounds on which authorities can object to the establishment of an organization are not defined in the draft law.

The draft law also distinguishes between national and foreign NGOs, granting the Ministry of Foreign Affairs (MFA) the authority to grant licenses to foreign NGOs before they can be registered (Article 19). However, the law does not specify the criteria for granting or denying licenses, nor does it set timelines for this process. This lack of clarity opens the door for potential bias or arbitrary decision-making. Additionally, the law grants the MFA the power to revoke or suspend licenses at its discretion (Article 20), without providing foreign organizations the right to appeal. This could lead to the denial of registration on arbitrary grounds.

Excessive Government Oversight and Restrictions

The draft law requires national civil society organizations to obtain prior authorization from the government every time they receive new foreign funding. Failure to comply with this requirement could result in immediate suspension or dissolution (Article 24). This provision grants the government absolute discretion over funding requests, which may constitute a disproportionate restriction on the right to freedom of association, as guaranteed by international human rights standards.

Furthermore, the draft law stipulates that all NGOs must operate under the “oversight and supervision” of relevant government ministries (Article 6). However, the scope and boundaries of this oversight are not clearly defined. This broad mandate could allow for intervention and prevent civil society organizations from operating independently. It may also result in discriminatory restrictions on marginalized groups, such as organizations advocating for minority rights.

The draft law grants executive authorities excessive powers to suspend and dissolve civil society organizations without necessary judicial oversight. Article 24 empowers the Prime Ministry to “automatically dissolve” organizations suspected of involvement in “terrorism.” This provision raises concerns about the potential abuse of power and the lack of safeguards to protect organizations from arbitrary dissolution.

Protecting Tunisia‘s Vibrant Civil Society

Tunisia‘s current NGO law, which is considered to be in line with international standards, has played a crucial role in enabling a vibrant and diverse civil society to operate independently and freely. Amnesty International is therefore urging Tunisian authorities to protect this legacy and refrain from adopting the highly restrictive draft law, which would undermine the progress made since 2011.

The organization emphasizes that regulators have an obligation to facilitate the work of civil society organizations, not diminish their independence through excessive government oversight. International human rights standards call for the establishment of associations through a simple, easily accessible, non-discriminatory, and free-of-charge notification or registration procedure. The proposed law falls short of meeting these standards.

Preserving Democracy and Human Rights

The draft NGO law has prompted concerns about the future of democracy and human rights in Tunisia. Civil society organizations are essential for holding governments accountable, amplifying marginalized voices, and advancing human rights. Restrictive laws that curtail their activities are detrimental not only to civil society but also to the democratic fabric of the country.

By rejecting the proposed law, Tunisian lawmakers can demonstrate their commitment to upholding international human rights standards and protecting the fundamental right to freedom of association. It is imperative that they consider the recommendations of human rights experts and civil society organizations, which call for a law that respects and supports the important role of civil society in Tunisia.

The adoption of the draft law would send a concerning message to the international community, potentially tarnishing Tunisia‘s reputation as a progressive and democratic country. Tunisian lawmakers have the opportunity to safeguard the gains made since the 2011 uprising and contribute to the flourishing of civil society, which is crucial for a vibrant and inclusive democracy.

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