Chiheb Ghazouani

by Chiheb Ghazouani
categories

Civil Society, Constitutions, Featured, Freedom of Expression, Human Rights, Religious Freedom, Tunisia



As all other countries that have experienced significant political developments from dictatorship to democracy, Tunisia has been witnessing a difficult and tense transitional period since January 2011. While the world looks to the Tunisian revolution as a successful paradigm of the Arab spring—the peaceful Jasmine Revolution—in comparison to other revolutions, Tunisians are looking to the future with fear and suspicion. The United States and other Western democracies are looking to Tunisia as a role model, being the only democracy in the Arab world. Even after the passing of more than a year since the revolution, Tunisians are still waiting to achieve the goals of the revolution: freedom, dignity, and employment. The dreams of the Jasmine Revolution have still not reached the most disadvantaged areas. Actually, on the contrary, these areas which led the revolution are now suffering from higher rates of unemployment as investors have left and there is a complete absence of security and law enforcement.

In light of these developments and the economic crisis in the country, freedom of expression—despite its importance—is no longer a priority demand of youth in deprived areas. It is now second in line after demands for employment, investment, dignity, equality, and infrastructure for these young people. Only civil society organizations are still calling for freedom of expression as a basis for the new Constitution. However, these civil society organizations and political parties are completely absent from the interior parts of the country, where the population considers them to be distant from the reality and the demands of the deprived segment of the population.

Despite the above, we cannot forget that Tunisia, until a short time ago, was considered one of the most oppressive dictatorships in terms of censorship of the media, violating freedom of the press, and restraining the opposition and civil society components. In the era of former President Zine El Abidine Ben Ali, loyalties were bought from journalists who were honored for writing false reports on the status of the country. Honest journalists were suppressed and assaulted with violence, imprisonment, and even attempted murder.

Today, Tunisia is experiencing an unprecedented period of democracy and freedom of expression. The October 23, 2011 elections were run in a safe and confident atmosphere thanks to the important work done by the transitional government and the Independent Commission for Elections. All of the parties, despite their large number, managed to run their election campaigns freely without problems or attacks and the media covered the elections unrestricted. Fortunately, before the elections, three laws were enacted in order to guarantee the freedom of press, freedom of audiovisual communication, and freedom of access to information and administrative documents. In addition, a newly elected journalism syndicate with fair and transparent elections without the interference of political authorities guaranteed a favorable outcome for the people.

When you turn on the television or read newspapers today in Tunisia, it does not seem as if you are in an Arab country given the courage of the media, the abundance of conversations concerning politics, and the criticism of the current government posed by the opposition.

Nevertheless, in the last period, civil society associations accused the government of committing numerous violations, including the arrest of the Director of Attounissia Newspaper, who spent several days in prison and was sentenced to a fine for publishing a picture of a football player with a semi-naked model. In addition, two writers were sentenced to seven years in prison for their articles contradicting Islam. Lawyers have been verbally and physically abused in court for their defense of some of the remnants of the former regime. Salafis have attacked artists, theaters, and journalists, while police forces have failed to come to their defense.

Similarly, peaceful demonstrations organized for the occasion of the Day of Martyrs on April 9th, 2012 were suppressed with extreme brutality by security forces as they closed Habib Bourguiba Avenue in order to block the demonstrators from the side of the Ministry of Interior.

On the other hand, we were surprised by the publication by some blogs and newspapers of false articles counterfeiting the truth and defaming personalities and their reputation under the disguise of freedom of expression. As a result, politicians have demanded the issuance of a law that puts limits on the extent of freedom of expression or the formation of a committee to monitor the media, particularly the Internet.

As for freedom of expression in the new Constitution—which is being prepared by the Constituent Assembly—a special committee was established within the assembly to address freedoms. The committee listened to a group of independent experts, indicating that freedom of expression will undoubtedly be one of the fundamental freedoms that will be stated in the new Constitution, as this principle is one of the major demands of civil society. There is also a demand for an independent public committee, separate from the media, to act as an observatory body for freedoms with a consultative function, while keeping an eye on the judiciary to prevent any violations from taking place or attacks on freedom of expression.

While the transitional period is expected to be unsteady, with some ambiguity surrounding the legal framework on the topic of freedom of expression, prospects for the affirmation of freedoms in the new Constitution appear to be bright. Nonetheless, once a framework is established, the task will then be to establish legal precedents, which will set the limits of these freedoms, taking into consideration the role of Islam and other cultural boundaries. The role of an independent committee—which should be held accountable by a broadly representative governing body—is essential in interpreting the freedom of the media in relation to the Constitution. In offering its economic partnership and support, the U.S. should continue to show support to civil society organizations and emphasize the enduring importance of freedom of expression.

Chiheb Ghazouani is the Vice President of Afkar Think Tank in Tunisia.

Leave a Reply

You must be logged in to post a comment.