Erosion of Electoral Integrity in Tunisia Ahead of Presidential Elections

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Tunisian authorities have compromised the integrity of the upcoming presidential election by amending electoral laws just prior to the vote, removing judicial oversight, and systematically targeting opposition candidates and civil society organizations, raising concerns over a fair electoral process.

Tunisian authorities have significantly compromised the integrity of the upcoming October 6, 2024 presidential election through last-minute amendments to the electoral law that undermine accountability and oversight mechanisms. Days prior to the election, on September 27, the Assembly of the Representatives of the People enacted a new law that removed the Administrative Court’s authority over electoral disputes, effectively eliminating a crucial check against electoral abuses. This legislative change comes in the wake of mass arrests, with over 170 individuals detained on political charges linked to the exercise of their rights, including more than 110 affiliates of the Ennahda opposition party. Human Rights Watch has criticized the authorities for systematically dismantling the framework necessary for a free and fair electoral process. “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,” stated Bassam Khawaja, the organization’s deputy Middle East and North Africa director. This situation has escalated as the electoral commission has denied accreditation to independent election observers and targeted media outlets, stifling dissent. The amendments stipulate that henceforth, the Tunis Court of Appeal will hold exclusive jurisdiction over electoral disputes, with no judicial body permitted to intervene. This legislative shift disregards previous court orders aimed at reinstating excluded candidates, allowing the electoral commission to commence the campaign with only three approved candidates, including the incumbent President Kais Saied. In recent weeks, authorities have cracked down on political opposition, arresting numerous members of the Ennahda party, many of whom remain in custody under laws permitting detention without charge. Among those arrested was presidential candidate Ayachi Zammel, who faces multiple charges and significant prison time stemming from fabricated endorsement allegations. This intensification of legal action against dissenters also includes the targeting of civil society organizations, which are vital in monitoring electoral integrity. Notably, the elections watchdogs I Watch and Mourakiboun were denied accreditation due to claims of foreign funding, despite their longstanding history of monitoring elections in Tunisia. The electoral commission has also increasingly curtailed media operations, issuing warnings and referrals to prosecution against outlets accused of undermining the election’s credibility. Human Rights Watch emphasizes that Tunisia, as a signatory to the ICCPR, is legally obliged to uphold free electoral practices that allow for the participation of all citizens, regardless of political affiliation. “Tunisian authorities should release all those arbitrary detained and allow civil society organizations and the media to operate freely, including during the electoral process,” Khawaja urged, calling for a recommitment to democratic principles.

The situation in Tunisia reflects a broader struggle for democratic governance following the Arab Spring. The country had made strides in political reform and civil rights, but recent developments signal a regression in those efforts. Authorities have increasingly targeted opposition groups, independent media, and civil society, raising serious concerns about the fairness of upcoming elections. The alterations to the electoral law, stripping judicial authority from the Administrative Court, further exacerbate fears of electoral manipulation and repression, contravening international obligations under the ICCPR.

In summary, the Tunisian government’s actions leading up to the presidential election demonstrate a troubling trend of eroding democratic principles and undermining electoral integrity. With the exclusion and detention of opposition candidates, the targeting of civil society, and the dismantling of judicial oversight, the legitimacy of the electoral process is severely compromised. The international community’s attention is needed to advocate for the respect of human rights and the restoration of democratic norms in Tunisia.

Original Source: www.hrw.org

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