African Commission calls on Tunisian government to address erosion of rule of law, independence of judiciary, and failure to implement Belguith ruling

Banjul, November 25, 2025

During the examination of Tunisia’s combined report (10th–18th periodic reports), submitted under Article 62 of the African Charter, the Commissioners of the African Commission on Human and Peoples’ Rights addressed a series of major questions to the Tunisian government concerning the deterioration of the rule of law, the functioning of democratic institutions, and compliance with international obligations.

Although the official delegation presented this report as one covering a “pivotal period” marked by political transformations since 2011, the Commissioners expressed deep concern about the gap between this institutional narrative and the reality on the ground.

Furthermore, the review process was enriched by the active contribution of Tunisian civil society. A coalition of organizations—coordinated by the Tunisian Human Rights League and the Committee for Justice, with the participation of Intersection, Beity, the Tunisian Forum for Economic and Social Rights, Al Bawsala, Damj, Ifriquiya, the World Organization Against Torture, and Lawyers Without Borders—submitted an alternative report based on extensive documentation. This report helped to inform the debate and enrich the questions posed by the Commissioners during the dialogue.

Issues raised by the African Commission

1. Erosion of the rule of law

The Commissioners noted a contradiction between the official presentation of institutional strengthening and the developments observed since July 2021: concentration of executive powers, governance by decree, marginalization of countervailing powers, and absence of independent oversight mechanisms.

2. The persistent absence of a Constitutional Court

The Commission recalled that, despite the historical references contained in the state report, Tunisia still lacks a functioning Constitutional Court in 2024. This vacuum weakens the protection of fundamental rights and undermines the balance of powers.

3. The Human Rights Council and national mechanisms

Clarifications were requested regarding the functioning, independence, and effectiveness of the Human Rights Council in Tunisia, as well as the actual role of the national mechanism responsible for following up on international recommendations.

4. Independence of the judiciary

The commissioners expressed concern about the dissolution of the High Council of the Judiciary in 2022, the creation of a provisional council under the control of the executive, and numerous reports of interference in judicial matters.

5. Situation of human rights defenders

The Commission questioned the delegation about the arrests, prosecutions, and stigmatization campaigns targeting lawyers, journalists, feminist activists, trade unionists, and NGO members, which are contrary to the protection obligations set out in the Charter.

6. Prisoners of conscience and political prisoners

The Commissioners requested explanations regarding prolonged detentions, abusive prosecutions based in particular on Decree-Law 54, and violations of the right to a fair trial and the guarantee of an effective remedy.

The Belguith ruling and the non-enforcement of African Court decisions

Particular attention was paid to case No. 017/2021 – Ibrahim Ben Mohamed Ben Ibrahim Belguith v. Republic of Tunisia. In its judgment of September 22, 2022, the African Court ruled that Tunisia had violated the Charter and ordered:

the repeal of Presidential Decrees No. 117 (September 2021) and Nos. 137 and 138 (October 2021),

• The restoration of constitutional democracy within two years,

• The establishment of a Constitutional Court,

• The submission of a follow-up report every six months until full implementation.

• The Commissioners asked the government to explain why none of these measures had been implemented.

A rigorous assessment at a critical juncture

While the state report emphasizes institutional achievements since 2011, the African Commission has reiterated that the current situation raises serious and urgent concerns. Tunisia is called upon to take concrete measures to restore a framework that complies with regional standards on the rule of law.

The CFJ calls on the government to respond fully to the Commission’s questions, to respect the decisions of the African Court, and to restore an environment that guarantees the protection of human rights for all.