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Behind Tunisia'S Economic Miracle':: Inequality and Criminalization of Protest
Behind Tunisia'S Economic Miracle':: Inequality and Criminalization of Protest
BEHIND TUNISIA’S
‘ECONOMIC MIRACLE’:
INEQUALITY AND CRIMINALIZATION
OF PROTEST
THE PROTESTS WERE SPARKED IN REDEYEF BY WHAT WAS SEEN AS AN UNFAIR RECRUITMENT
PROCESS BY THE GAFSA PHOSPHATE COMPANY (GPC), AND SOON SPREAD TO OTHER CITIES.
THEY DREW IN A WIDE RANGE OF PEOPLE DISAFFECTED BY ECONOMIC AND OTHER SOCIAL ISSUES,
AND COINCIDED WITH SIMILAR PROTESTS IN CAMEROON, EGYPT, HAITI, INDONESIA, MOROCCO
AND ELSEWHERE.
GABÈS
TOZEUR
KÉBILI
destinations have benefited, the south “We have based our policy
and rural areas have become further In 2008, Tunisia was the world’s fifth
marginalized. Indeed, the centre, west
on the [indivisibility] between largest supplier of phosphate, producing
and south of the country have been left development, democracy more than 8 million tons supplied entirely
far behind in terms of access to basic and human rights... We have by the GPC. Despite the wealth brought
infrastructure and social services. As a to the country by this industry, Gafsa
result, they have higher rates of illiteracy insisted on involving all remains underdeveloped compared to
and unemployment. They also lack or political parties, organizations, northern and coastal regions. Its
have inadequate access to drinking water, unemployment rate is significantly higher
sewage and sanitation services, electricity,
and civil society components than the national average of under 15 per
household equipment and adequate in all issues of concern to our cent, reaching an estimated 30 per cent
housing. society and our country.” in Redeyef and around 40 per cent in
other parts of the region. This particularly
President Ben Ali, 7 November 2008
As early as 1999, the UN Committee on affects young graduates, of whom around
Economic, Social and Cultural Rights 40 per cent are said to be unemployed.
called on Tunisia to “develop an immediate
national plan of action in order to reduce
the disparities of living standards that exist the stark socio-economic contrast between
between the various regions”. Ten years the north and south of the country, and SUPPRESSION OF HUMAN
later, these disparities persist. highlighted Tunisia’s dire human rights RIGHTS
situation. The Gafsa region, just 350km Tunisians continue to live in a climate
The Tunisian government and its economic from the capital Tunis, has lagged behind where criticism of the government or its
partners such as France have trumpeted economically and suffers higher rates of policies is not tolerated and where social
the economic and social developments in unemployment and poverty than other protest is relentlessly repressed. The rights
the country, and cited this as a justification regions, even though its phosphate industry to freedom of expression, assembly and
for authoritarian governance. The 2008 is a significant source of income for the association – the prerequisites for protest
events in Gafsa, however, brought to light country as a whole. – are all severely restricted in Tunisia.
Demonstration in Redeyef on 10 February These rights are enshrined in Article 8 of authorities or allege corruption; and
2008 the Tunisian Constitution: independent trade unions. The provisions
justify restrictions to these rights on the basis
“Freedoms of opinion, expression, the of “threats to public order”, but in reality they
press, publication, assembly and are often used against peaceful protesters.
association are guaranteed and exercised
RIGHTS OF PROTEST within the conditions defined by the law.
The right of unionization is guaranteed”. GAFSA PROTESTS
On 5 January 2008 the results of a
Articles 19, 21 and 22 of the These constitutional rights are, however, recruitment competition by the GPC, the
International Covenant on Civil and limited by other laws, decrees and region’s major employer, triggered a wave of
Political Rights guarantee the rights ministerial circulars as well as by the protests because they were widely seen as
to freedom of expression, assembly practices of the security forces. Some fraudulent by candidates and some members
and association. While these articles legislative provisions restrict the scope of of the General Union of Tunisian Workers
admit some limitations to these rights, these fundamental rights and others are (Union générale tunisienne du travail, UGTT).
the restrictions placed on the rights must interpreted and applied by the authorities
be necessary to protect national security, to curb their full exercise. These limitations Candidates who did not get jobs at the GPC
public order, public health or morals, not only violate Tunisia’s Constitution but along with unemployed youths gathered in
or the rights or freedoms of others, and, are also contrary to Tunisia’s international the regional UGTT office in Redeyef. They
according to the UN Human Rights human rights obligations. were later joined by other unemployed
Committee, “may not put in jeopardy workers as well as widows and relatives
the right itself”. Tunisia has ratified In particular, certain provisions of the Penal of miners who had been killed or injured
this instrument and is therefore obliged Code criminalize social protest and repress at work.
to ensure the rights specified in the all its manifestations, including peaceful
Covenant to all individuals in its territory demonstrations and public gatherings; The protests soon spread to Metlaoui,
and subject to its jurisdiction. speeches and articles, including those Mdhilla and Oum Larayes, with people
posted on the web, that are critical of the protesting against what they considered
People living in Gafsa not only face and washing facilities, means of food
poverty and poor living conditions. They storage, refuse disposal, site drainage
also say that the pollution generated by and emergency services”. This right also
the phosphate industry has made the encompasses the right to water, a right
drinking water unsafe, resulting in a range that entitles everyone to sufficient, safe,
of health problems. physically accessible and affordable water
for personal and domestic use.
Article 11 of the International Covenant on
Economic, Social and Cultural Rights Tunisia, as a state party to the International
recognizes the right of everyone to an Covenant on Economic, Social and Cultural
adequate standard of living, including Rights, must therefore ensure equitable
adequate food, clothing and housing, and distribution of safe water and take
to the continuous improvement of living measures to ensure access to adequate
conditions. The UN Committee on Economic, sanitation. Tunisia should also take steps
Social and Cultural Rights has stated that to ensure that everyone has an adequate
the right to adequate housing includes standard of living, including adequate
“sustainable access to natural and common and affordable housing, and water that is
resources, safe drinking water, energy for free of contaminants that can damage
cooking, heating and lighting, sanitation people’s health.
to be unfair employment practices, nepotism [districts] of the mineral basin, some events Tunisia must take steps to achieve the
and lack of transparency by the GPC’s occurred as a result of some irregular full realization of the right to work entailing
administration. They believed the practices committed by the executives of at least the right to access employment
administration had denied employment the Gafsa phosphate company, in their without discrimination and free choice
to well-qualified candidates and caused recruitment operations, arousing of employment. It must also provide a
others to lose their jobs. disillusionment and disappointment among supportive structure that aids access to
the youths concerned by these operations”. employment, including appropriate
The protests, joined by many local people, The Governor of Gafsa and the President vocational education (Articles 6 and 7);
were also in response to the general of GPC were subsequently replaced by and protect the right to form and join trade
concerns of rising unemployment, poverty the authorities. unions, which must be able to function
and increasing living costs, as well as the freely, and the right to strike (Article 8).
corruption widely believed to have The protesters were not, however, simply
contributed to the region’s poverty. calling for the recruitment results to be
annulled. They were also demanding an REPRESSION OF THE PROTESTS
At the request of the Governor of Gafsa, enhanced employment programme The protests, which were on the whole
negotiations began in early January targeting graduate unemployed youths; the peaceful, continued intermittently until
between the local authorities and a creation of industrial projects in the region; July 2008. The demonstrations, meetings,
committee representing the population of respect for international environmental sit-ins and strikes – all involving people
Redeyef, which included local trade union norms; and accessibility for the poorest simply exercising their rights to freedom
leaders. The aim was to find proposals to people to public services, including of expression, association and peaceful
counter unemployment and ease tension electricity, clean running water, education assembly – are legitimate under the
in the region. These negotiations continued and health care against the backdrop of Tunisian Constitution and international law.
until May 2008 without tangible results. rising prices. In short, they were demanding
their right to work and to human dignity. From the start, however, security forces,
In response to the protests, on 16 July including brigades specializing in securing
2008 President Zine El Abidine Ben Ali Under the International Covenant on public order, were heavily deployed against the
acknowledged that “in some delegations Economic, Social and Cultural Rights, protesters and were later reinforced by military
Article 8 of the Tunisian Constitution 100 districts, with most of the unions In 2006, several former UGTT members
guarantees workers the right to join and form associated with particular economic sectors. established the General Confederation of
trade unions. The Labour Code, which sets out Tunisian Workers (Confédération générale
the conditions for the exercise of this right, The right to strike is recognized. Unions, tunisienne du travail, CGTT) to revitalize
stipulates that the sole objective of trade especially those representing workers in the the trade union movement and decrease the
unions is to examine and defend the social public sector, have the right to strike provided influence of the UGTT, generally seen as
and economic interests of trade union they give 10 days’ notice and receive authoriza- too close to the authorities and not
members. tion to strike from the UGTT. The authorization is representative of workers’ demands. In
conditional on the workers maintaining a 2007, the CGTT created local trade unions
No prior authorization is required to form a “minimum service” in order not to affect public in various regions, including Gafsa.
trade union; only the statute and the list and order and security. Any strike not authorized by
details of the people in charge of the trade the UGTT is considered illegal and participants The CGTT has not yet been able to obtain
union have to be sent to the local authorities, can face up to eight months in prison. legal recognition by the authorities. In
which send a copy to other relevant Tunis and Gafsa, requests to send the
authorities, including the Interior Ministry. In 1999, the UN Committee on Economic, statute and composition of the new
One copy is stamped, dated and sent back Social and Cultural Rights expressed its CGTT affiliates were left unanswered. In May
to the applicants as proof of registration. concern that a single trade union 2008 one of the CGTT’s founding members
confederation “may not be able to represent was reportedly summoned by the Interior
In practice, the UGTT is the sole the plurality of views” and stated that the Ministry and interrogated about his activities
confederation of officially registered trade required authorization of all strikes by the within the CGTT, and in November 2008
unions in Tunisia. It has regional unions in UGTT “severely curtails the rights to strike police prevented the CGTT from holding a
the 23 regions and local unions in around and to freedom of association”. meeting in Tunis.
especially when they have tried to contact Force and Firearms by Law Enforcement Redeyef, including Boujemaa Chraiti,
human rights organizations, including Officials, and with full respect for the Tayeb Ben Othman and Adnan Hajji,
Amnesty International, human rights human rights of the demonstrators. These spokesperson for the Movement of Families
lawyers and journalists. On 11 May, standards specify that the use of firearms is of Striking Miners and Secretary-General of
Hafnaoui Maghzaoui’s father was arrested an extreme measure and that force should the local section of the UGTT. The three
after his daughter had contacted a human not be used unless strictly necessary and to were arrested when they went to express
rights lawyer. He was interrogated all day the extent required for the performance of solidarity with job-seekers staging a sit-in at
and released. law enforcement officers’ duties. the UGTT building in Redeyef. They said
that they were tortured and otherwise ill-
The Tunisian authorities are duty bound to treated by security officers while in custody.
uphold law and order and may sometimes ARBITRARY ARRESTS, TORTURE
be required to use forcible means in AND OTHER ABUSES Boujemaa Chraiti was arrested when he
response to activities that genuinely threaten Tunisian security forces arrested around tried to protect Adnan Hajji from police
public safety. In such circumstances, 300 protesters in Gafsa, including violence. He was kicked all over his body
however, the government and law labourers, teachers, trade unionists, during arrest and again at Redeyef police
enforcement agencies must act strictly members of the Movement of Families station until he fainted. He was then taken
in accordance with the law and the of Striking Miners, and human rights to Gafsa police station, stripped of his
conditions of necessity and proportionality defenders, especially between April clothes, beaten and kicked by police
set out in the International Covenant on and June 2008. Many of those arrested officers. All three were released on 10 April
Civil and Political Rights. were reported to have been tortured or without charge.
otherwise ill-treated while in the custody
Any action to disperse protesters must of Department of State Security officers; At least 150 other people were arrested in
also comply with international standards some were later charged and brought to Redeyef following demonstrations in June
governing the use of force by law trial; others were released without charge. and July. Some were detained in the street
enforcement officials, as set out in the Code and taken away in unmarked cars; others
of Conduct for Law Enforcement Officials On 7 April 2008, for example, the security were arrested at their homes or workplaces
and the Basic Principles on the Use of forces arrested dozens of people in without being informed of the reason for
School teacher Adnan Hajji, aged 50, is Together with 37 others, he was convicted
Secretary General of the local UGTT office on charges including forming a criminal
in Redeyef. In this capacity, he was part of group with the aim of causing damage to
the local committee representing the public and private property, armed
population of Redeyef set up to negotiate rebellion and assault of officials during
with the local authorities. the exercise of their duties. He was
sentenced to 10 years in prison in
He was arrested on 7 April 2008 while on his December 2008, reduced to eight years on criminal group with the aim of destroying
way to the UGTT building in Redeyef to show appeal in February 2009. He is a prisoner public and private property (Article 131 of the
solidarity with protesters. He was thrown to of conscience. Penal Code), and assault of public officials
the floor and kicked on the body. His hands during the exercise of their duties (Article 119
were handcuffed behind his back and he He was detained in the prison of Kasserine, of the Penal Code), and referred to trial.
was struck repeatedly while being taken to more than 100km from Redeyef where his
the police station. There, he told his lawyer, wife and daughter live. Conditions there In most cases, Tunisian procedural rules
he was burned on the head by Department of are harsh – overcrowded, unhygienic and on arrest and detention were breached,
State Security officers with lighted lacking medical care. In May, he was including falsification by police of the date
cigarettes. He was released without charge moved to the Mornaguia prison near Tunis and place of arrest. Such breaches were not
on 10 April after four days in police custody. to receive medical care. investigated even though they were brought
to the attention of the authorities by
He was rearrested on 21 June and detained His wife, Djemaa Hajji, together with wives defendants’ lawyers. Courts also accepted
pending trial in the prison of Kasserine for and mothers of the other detainees, are as evidence statements and information
his participation in the Gafsa protests. He campaigning for the release of their allegedly extracted under torture or other
was considered a leader of the protest. His husbands and sons. They hold regular, ill-treatment when detainees were held
defence lawyers were prevented by the peaceful demonstrations. Djemaa Hajji has incommunicado in pre-arraignment custody.
Kasserine prison authorities from visiting been harassed and attacked by
him on several occasions between July and Department of State Security officers on In December 2008 on first instance and
August, and in September the Kasserine several occasions. Her financial situation in January and February 2009 on appeal,
prison administration refused to allow is dire because of her husband’s 38 trade unionists and protesters were
Adnan Hajji, who suffers from a renal imprisonment and the costly journeys to sentenced after unfair trials to prison terms
ailment, to receive medication brought by Tunis for medical treatment following her for leading the unrest. Before the lower court
his wife. kidney transplant. in December 2008, the defence lawyers
could not present the case of their clients,
the defendants were not interrogated in
court, and the lawyers’ demands to call and
LAWS OF REPRESSION
The following provisions have been used by Article 316 provides for up to 15 days’ precision required by criminal law. Indeed, they
the Tunisian authorities to prosecute and imprisonment and a fine for those found may not amount to recognizably criminal
convict union leaders and peaceful protesters guilty of making a noise or otherwise likely offences under international human rights law.
in Gafsa. to disturb the peace.
Other provisions criminalize taking part in an Law No.69-4 of 24 January 1969 regulating
TUNISIAN PENAL CODE armed or unarmed rebellion during which a public meetings, processions, parades,
public officer is assaulted in the exercise of demonstrations and gatherings stipulates
Article 121 forbids the distribution, sale, his/her duties (Article 119); the incitement that the authorities must be informed before
display or possession with a view to to rebellion by speeches in public meetings such an event takes place, which they can
distribute, sell or display of pamphlets, or places, by posters or written bills (Article then forbid if they deem it likely to disturb
bulletins, leaflets of local or foreign origin 121); the formation of a group established to the peace.
likely to harm public order or “good morality”. prepare or commit an attack against people
This offence carries a penalty of six months’ or property (Articles 131 and 132); providing A Ministry of Higher Education circular
to five years’ imprisonment and a fine. a meeting place, accommodation, sanctuary issued in January 1997 requires that anyone
or financial contribution to criminals (Article organizing a meeting or conference in Tunisia
Article 321 criminalizes anyone who, without 133); and throwing objects or rubbish at must submit in advance to the Interior
permission from the competent authorities, cars, houses, buildings and other property Ministry a list of participants, the time, date
occupies or digs up a public road in a way (Article 320). and place of the meeting and its agenda.
likely to compromise safety or freedom of Seemingly under the authority of this circular,
movement. This offence is punishable by up The offences listed above are overly broad and even meetings in private homes have been
to 15 days’ imprisonment and a fine. vague, thus failing to meet the clarity and disrupted by the authorities or banned.
RECOMMENDATIONS
Amnesty International calls on the Tunisian
government to:
Amnesty International is a global movement of 2.2 million people in more June 2009
than 150 countries and territories who campaign to end grave abuses of Index: MDE 30/003/2009
human rights.
Amnesty International
FREEDOM FROM DISCRIMINATION Our vision is for every person to enjoy all the rights enshrined in the International Secretariat
IS A HUMAN RIGHT Universal Declaration of Human Rights and other international human Peter Benenson House
rights standards. 1 Easton Street
London WC1X 0DW
We are independent of any government, political ideology, economic interest United Kingdom
or religion – funded mainly by our membership and public donations. www.amnesty.org