Introduction
Since the outbreak of the revolution, Tunisian women have been at the forefront of all demonstrations from the very first days until the announcement of Ben Ali’s fall. After the revolution, their presence increased in various movements and peaceful protests organized for social, political, and human rights demands. This significant presence made them targets of police violence, smear campaigns, and threats on social media, particularly affecting human rights and feminist activists known for their constant participation in all marches. However, these practices did not deter Tunisian women, especially since their resilience enabled them to achieve some new gains alongside those they have enjoyed since independence.
Since the revolution of January 14, a series of achievements have been realized, fruits of the long struggles of the Tunisian feminist movement, particularly during the decade following the revolution when Tunisian feminists sought to achieve full and actual equality. Among these achievements was the inclusion of the principle of parity in the electoral law, which increased the representation of women in parliament in 2014 to 73 deputies, accounting for 31% of the total number of deputies, the highest percentage in the Arab world at the time. These achievements did not come as an automatic gain of the revolution but rather as “cumulative struggles in which women played an important role.” Tunisian women fought for these gains, which was not easy as they had to confront traditional society and patriarchal authorities.
In April, the Tunisian state lifted all its reservations on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), making it the first Arab state to take this step. However, it maintained the general declaration related to the convention, which affirmed that Tunisia would not take any regulatory or legislative decision that would contradict the first article of the Tunisian constitution, which stipulates that the religion of the Tunisian state is Islam.
The CEDAW is an international treaty adopted by the United Nations General Assembly in 1979. Its aim is to eliminate all forms of discrimination against women.
In August 2017, Law No. 58 of 2017, concerning the elimination of violence against women and children, was enacted by a parliamentary majority and came into effect in February 2018. This law is considered a pioneering legislation that meets international standards for combating discrimination and violence against women. However, its implementation has faced significant challenges, and violence against women persists in Tunisian society.
In September 2017, the late former President Beji Caid Essebsi abolished all provisions preventing Tunisian women from marrying non-Muslims, specifically repealing the 1973 decree and similar regulations. This decision encountered legal and perhaps societal issues. According to the Legal Agenda, there were legal difficulties, and many municipalities, especially those won by the Ennahda Movement, refused to implement the law, forcing women to seek alternative municipalities.
However, after July 25, 2022, the date when President Kais Saied announced exceptional measures leading to the suspension and subsequent dissolution of parliament and the dismissal of the government, the status of women, as well as the general state of rights and freedoms in the country, changed. The electoral law was altered from list-based voting to individual-based voting, abolishing the principle of parity, resulting in a significant decline in women’s representation in parliament, with only 25 women entering parliament, constituting 16% of the total, a percentage not seen since the revolution or even during the rule of former President Zine El Abidine Ben Ali. Despite the 2022 Constitution guaranteeing women’s representation in elected councils in Article 39 and reaffirming the principle of parity in Article 51, the amendment of the electoral law on September 15, 2022, contradicted this, effectively rendering these constitutional provisions meaningless. Women have experienced numerous restrictions due to their human rights, political, and media activities, affecting even their right to peaceful demonstration and protest against various issues, especially those issued by the authorities. Scenes of police violence against protesters, particularly women, have been repeated on several occasions during various peaceful marches and protest movements. These movements have witnessed numerous violations, such as beatings, extensive use of tear gas, and water cannon spraying. Many activists have found themselves facing judicial proceedings simply for participating in these marches.
These violations occurred despite the presence of several legal texts guaranteeing the right to peaceful assembly, such as Article 20, Paragraph 1 of the Universal Declaration of Human Rights, which states, “Everyone has the right to freedom of peaceful assembly and association.” Additionally, Article 21 of the International Covenant on Civil and Political Rights recognizes the right to peaceful assembly and stipulates that restrictions on exercising this right can only be imposed in accordance with the law and are necessary measures in a democratic society for the protection of national security, public safety, public order, public health or morals, or the rights and freedoms of others. Furthermore, the Tunisian Constitution, in Article 42, guarantees “the freedom of assembly and peaceful demonstration.”
The restrictions faced by Tunisian activists due to their participation in protest movements are not limited to governmental repression but also include societal pressure, especially in the interior cities, where there is still resistance to women challenging men in the forefront of marches or leading them.
Protest in the Ruwei Area for the Right to Water
On June 11, 2024, environmental activist Rania Mashraqi participated in a peaceful women’s protest held in the Ruwei area of the Ain Draham district in the Jendouba governorate. The protest aimed to demand the right to potable water, as residents face significant difficulties traveling to border areas to access drinking water. However, this legally protected action led to legal repercussions for Mashraqi. On June 20, 2024, she received an official summons to appear before the Tabarka Investigations Unit for questioning. She faced charges of forming a group with the intent to attack public and private property and inciting chaos following a complaint filed against her by the Tabarka district governor.
During the investigation, in the presence of her lawyer, she was questioned about her presence at the protest, whether she was supported by any organizations or associations, and the goals of the protest. After the investigation and consultation with the public prosecutor, it was decided that she should be released without detention.
The water crisis in the Ruwei area of Ain Draham is not new. Residents, particularly women, have been protesting for years to gain access to potable water, which has been cut off since 2011. The water supply was temporarily restored in 2020 during the COVID-19 pandemic, with promises of free water usage from the local governor following a series of protests by the women of the area. However, two years later, residents were surprised by the re-closure of the water supply and were asked to pay a consumption fee of 24,000 Tunisian dinars. This occurs despite the proximity of the area to the Berber Dam, one of the largest reservoirs designated for potable water storage.
The authorities have long adopted a confrontational approach towards activists advocating for the right to potable water and those protesting for this demand. This has been particularly evident since residents of the interior regions began consistently protesting for this right. With consecutive years of drought due to climate change, the water crisis has worsened in several areas, and protesters’ voices have grown louder against the authorities, demanding solutions. However, the authorities have continuously suppressed demonstrators, a practice that persisted even after July 25, 2022, albeit with some changes in approach. The repression and legal pursuits increasingly target civil society activists participating in these protests, as President Kais Saied views these activists as conspirators fueling unrest to serve foreign agendas. Thus, their presence at protests is deemed deserving of suppression and legal action. Additionally, Saied is reluctant to acknowledge that climate change has created a water crisis in Tunisia. Instead of pursuing short- and long-term solutions, he continues to invoke conspiracy theories and make speeches accusing unnamed individuals of intentionally creating this crisis. Consequently, the protests, under this perception, are also seen as part of the conspiracy, despite the real water crisis in Tunisia and the significant water shortages in various regions, particularly during the summer with rising temperatures.
Preventing the Head of a Political Party from Demonstrating
On January 14, 2023, the head of the Free Destourian Party, Abir Moussi, and her party’s supporters were prevented from heading towards Carthage, where they planned to march to the presidential palace. They were deprived of their right to travel via public transport to Carthage as train services linking the city center to Carthage were halted, preventing them from reaching their destination. Moussi announced on her social media pages that there was a heavy security presence at the train station to prevent protesters from boarding and that protesters coming from other governorates were also blocked from reaching the capital to support her march.
On October 3, 2023, Abir Moussi was imprisoned on charges of “committing an act intended to change the form of government or incite residents to attack each other with weapons, causing chaos, murder, and looting on Tunisian soil,” due to her attempt to deliver a protest letter to the presidential palace in Carthage. She also faces charges of “insulting a public official and spreading false news” for her criticism of the electoral commission.
On December 17, 2023, the Tunisian authorities refused to allow her party to organize a solidarity protest with its leader and presidential candidate in front of the women’s prison in Manouba governorate, where she was forcibly detained.
In reality, preventing Abir Moussi from protesting initially and imprisoning her subsequently is not surprising. Since assuming power, President Kais Saied has sought to exclude his opponents and competitors by imprisoning many of them on various charges. Moussi is a prominent competitor to Saied for the presidency, and thus he cannot afford to allow her to remain free, especially given her active presence both on the ground and on social media, where she does not hesitate to expose all the transgressions and violations of the authorities, including Saied. She also has a large popular base. It is unlikely that she will be released soon, despite her party’s announcement of her candidacy for the upcoming presidential elections, as her release now would mean preparing well for the elections and conducting a significant campaign that would certainly challenge Saied, who wants a clear path to continue holding the presidency.
Suppression of Women’s Rights Activists for Protesting
On July 22, 2022, feminist activist and president of the Intersection for Rights and Freedoms, Asrar Ben Jouira, participated in a protest against the referendum held on July 25, 2022. She held a sign reading “Name: Kais Saied, Occupation: Abdel Fattah El-Sisi,” which led to her facing six lawsuits, including “insulting a public official” and “civil disobedience.” She also experienced a smear campaign, online harassment, and multiple threats. The actions against Asrar Ben Jouira and the legal proceedings against her appear to be attempts by the Tunisian authorities to deter Tunisian women from engaging in human rights or political activities.
On the same day, human rights activist Shaima Al-Jibali participated in a peaceful demonstration to protest the referendum process organized by Kais Saied and the resulting draft constitution. During this demonstration, protesters, including Shaima, were attacked by the police. She was beaten by the police, and the heavy use of tear gas caused her health to deteriorate due to gas inhalation. The Tunisian authorities deliberately target activists who are continuously active, either through social media proxies or by using excessive violence, as was the case with Shaima and other activists. Consequently, activists face societal pressure in addition to state violence.
It is noted that on July 22, 2022, a protest was held in front of the Municipal Theater on Habib Bourguiba Avenue in Tunis, organized by the Civil Coalition for Freedom, Dignity, Social Justice, and Equality (a group of Tunisian civil society associations and organizations), rejecting the draft constitution and the referendum process conducted on July 25, 2022. A large number of activists, politicians, and journalists participated. However, the security forces stationed on Habib Bourguiba Avenue used tear gas to disperse the protesters, made several arrests among the protesters, and assaulted the demonstrators and journalists present to cover the protest. According to activist Manal A., “Security personnel used violence and ordered all of us, both male and female protesters, to leave the area, threatening us.”
The assault and legal pursuit of activists have been a common practice by the country’s politicians, especially after the revolution and as their activities expanded. However, under Kais Saied, the situation has worsened, becoming a systematic campaign targeting all human rights activists under the pretext of serving foreign agendas. This began with speeches demonizing them and portraying them as conspirators against the country and instigators of discord, followed by targeting them during protests and for their activities. This situation applies to many activists, most notably Saadia Misbah, who is in prison due to fabricated charges against her solely because of her activism against racism in Tunisia. This approach by the authorities is mainly to cover up their troubled handling of the migrant issue. Several other activists also face imprisonment as part of efforts to silence them and force them to retreat.
Environmental Activist Between State Repression and Societal Pressure
Manal Ben Gharfia is an environmental activist from the governorate of Sfax and a member of the “Manish Msab” (I Am Not a Dump) movement. Since 2018, she has consistently protested on the front lines for the right of her city’s residents to a healthy environment and to close the landfill threatening their health. In November 2021, she participated, as usual, in protests that lasted for four consecutive days starting from the ninth of that month to pressure the authorities to close the landfill. However, she and other protesters were met with excessive police violence and intense tear gas to force them to retreat. A young man died that day, the landfill was reopened, denying them their right to clean air, and it was later closed again.
The harassment Manal faced did not stop with the police; she also faced criticism from her small town’s residents, who could not accept women participating in protests, let alone leading them. She faced defamation and threats from the landfill supervisors and workers. As a result of these pressures, three out of the five women who were with Manal in the protests withdrew due to physical and verbal violence and their inability to continue participating in peaceful marches and meetings. Moreover, following repeated protests against reopening the landfill, President Kais Saied requested to meet some activists, and a list from the presidential palace included her name and the names of two men from the movement. However, she was surprised by the townspeople’s refusal to allow her to go with the delegation to meet the president, considering these tasks reserved for men. Despite the restrictions, Manal insists on continuing her struggle for her and her children’s right to a healthy environment and, together with activists in her city, succeeded in forcing the authorities to close the landfill.
The Qena landfill, located two kilometers from Aqareb city in the governorate of Sfax, emitted gases from over 600 tons of waste daily, affecting the city’s residents who were forced to keep their doors and windows closed year-round, suffering from respiratory, and gastrointestinal diseases, cancer, reproductive issues, and congenital deformities. In October 2018, the National Agency for Environmental Protection issued a report following an air quality measurement campaign in Aqareb, proving that “air pollution in the vicinity of Aqareb district is high, especially for dust and hydrogen sulfide.” The report attributed this pollution to the Qena landfill and some active factories in the city. Since then, city residents, including Manal Ben Gharfia, have engaged in successive protests, repeatedly clashing with security forces until they forced the authorities to close the landfill after the violent protests in November 2021, which saw intense clashes with security forces and resulted in a young man’s death from tear gas inhalation.
Since taking office, Tunisian President Kais Saied has first sought to change the governance system to be presidential with a marginal role for the parliament, paving the way for one-man rule. Therefore, the legal pursuits and assaults against activists and rights advocates, both opposition and supporters, were expected, especially since the ten years preceding his rule had proven the effectiveness of civil society in Tunisia. Tunisian activists have demonstrated their ability to effect change and pressure authorities on multiple occasions, starting with blocking the Ennahda movement’s attempts to amend the Personal Status Code in early 2012, which activists and feminists successfully prevented, to pushing for significant laws favoring women in 2017 and 2018. Like other Tunisians, Kais Saied is undoubtedly aware of this fact. Thus the only way for his project to succeed is to neutralize or exclude them through various means, whether through defamation, restrictions, or assaults, which is indeed happening.
Conclusion
The restrictions and violations faced by activists in Tunisia, whether by authorities or society, due to their participation in protest movements, are part of a series of similar abuses they have experienced since the revolution of January 14, 2011, to this day. Those in power, regardless of their political affiliations, have persistently engaged in various forms of repression, violence, and legal and security harassment against them, despite repeated official affirmations of the right to peaceful assembly guaranteed by several laws, including the constitution. President Kais Saied, who has held unilateral control since July 25, is the latest politician to assert on multiple occasions that the right to assembly is legally protected and has emphasized the necessity of respecting this right. However, in practice, these proclamations fall apart, and the pace of restrictions and violations against all voices exercising their right to protest, particularly women, intensifies, aiming to push them back. Notably, in the years following the revolution, Tunisian women, especially human rights and feminist activists, have been prominently present in all protest movements against the authorities, which often succeeded in achieving their objectives. An additional significant reason is the Tunisian women’s ability to sustain peaceful struggle due to their long history of holding leadership positions in civil society and their influential capacity, which can also encourage men to participate in protests or activities aimed at changing the current state of affairs. This is feared by Kais Saied, who has been trying to silence opposing voices since his unilateral assumption of power.
