Summary:

On 10 October 2023 , the Tunisian parliament issued a draft law impacting the formation, funding, and operations of non-governmental organizations (NGOs), raising concerns about restrictions on Tunisian civil society.

The law remains in draft, but will likely be considered for adoption by the parliament in the near-term.

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On 21 October 2023, Amnesty International issued a report highlighting a number of concerns about the draft law and how it could constrain freedom of association.

Amnesty highlighted the following concerns among others:

• While “the draft law claims to maintain a notification, rather than an authorization requirement…it introduces an unclear, multi-layered and cumbersome registration process” that could restrict the right to freedom of association.
• The NGO directorate within the Prime ministry can “object to an organization’s establishment within one month after they register.” The law does not clarify the grounds upon which organizations can be rejected.
• The draft law “distinguishes between national and ‘foreign’ NGOs,” while granting authority to the Ministry of Foreign Affairs to grant licenses to foreign NGOs prior to their registration without any clarification of criteria for licensing.
• NGOs would be required to “obtain prior authorization from the government every time they receive new foreign funding”
• The draft law grants powers of “oversight and supervision” over NGOs to relevant government ministries but does not clarify the boundaries of this oversight.
• The government would have the power to dissolve NGOs “who are accused of not complying with the law, without the necessary judicial oversight.”

Outlook:  

While NGOs in Tunisia remain a major source of funding, employment, and systematized activism for social, economic, and civil development, they are also viewed skeptically by the current administration.

President Saied has expressed concerns about outside influences in Tunisia, including foreign funding, and how these factors impact Tunisian culture, politics, and sovereignty. The administration is likely interested in putting into place mechanisms to allow the monitoring of NGO activity and funding. However, in doing so, the administration could threaten the right to free association with underpins a healthy civil society.

Should substantive changes be adopted by the parliament that disrupt and deter NGO activity in Tunisia, it could have a major impact on the country’s economic and social future. Both domestic and foreign civil society organizations have played an important role in shaping Tunisian policy in the post-revolution era and the curtailing or ending of their activities would send shockwaves through Tunisian society.

Foreign sources of funding could be curtailed, leading to unemployment challenges. And the relocation of offices to other countries in the region could impact local economies where expatriates currently live and work. Furthermore, many of the programs run by and through NGOs support significant pieces of government and civil society infrastructure in Tunisia, making their removal potentially damaging to various programs and systems upon which people rely.

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