Anis Kaabi
Summary
Union Activist Anis Kaabi made radio statements to discuss the sector-wide strike as the General Secretary of the Private Union of Tunisian for Highways. Subsequently, he was arrested on January 31, 2023, due to a complaint filed by the General Administration of Tunisia Highways, accusing him of causing financial losses to the company.
Personal Information
Name: Anis Kaabi
Nationality: Tunisian
Occupation: Secretary-General of the Private Union for Tunisia Highways
Charges: Exploiting a state employee for his position to jeopardize the administration and the strike imposed on him, with the aim of obstructing public service, through the resignation from the service per the provisions of Articles 96 and 107 of the Penal Code.
Incidents of Violation
On January 31, 2023, Police forces arrested Union Activist of the Tunisian General Labor Union and Secretary-General of the Private Union of Tunisia Highways, Anis Kaabi, due to a complaint filed against him by the General Administration of Tunisia Highways Company, accusing him of causing financial losses for the company. This is following his statements regarding the sector-wide strike by the Highways Union on 30 and 31st January, demanding to renew the concession agreement for the “A1” Hammam-lif-Msaken Highway. The authorities did not only arrest Anis Kaabi, as on the evening of January 31, 2023, in the National Guard Barracks Headquarters in L’Aouina, President Kais Saied stated that “Trade union rights are guaranteed by the constitution, but they cannot be turned into a cover for political ambitions that are no longer hidden from anyone,” according to him. He also compared this strike to a form of road blockade or the threat thereof. He warned that anyone engaging in such actions would not escape accountability, as stated by him. In a clarifying statement issued by the Court of First Instance through the Office of Media and Communications on February 1, 2023, It was confirmed that the Sub-Directorate of Criminal Affairs, affiliated with the Judicial Police Department, had been tasked with investigating two complaints filed by the legal representative of Tunisian Highway Company against one the company’s employees and that Anis Kaabi was detained following his interrogation, and the investigation is going. It was further noted that the complaint against Anis dates back to the 30th of January, and it alleged that one of the company’s employees deliberately exploited his position and announced on radio programs that the payment toll booth operators would go on strike. He also mentioned raising the barriers at all toll stations to allow vehicles to pass without paying the required fees as part of the escalation if their demands were not met and called on highway users to pass for free.
On February 2, 2022, Anis Kaabii was imprisoned by virtue of a warrant issued by the investigating judge at the Court of First Instances in Tunis.
Trial
On 31, January 2022, Anis Kaabi was arrested by the Unit for Combating Crime of Al-Gorjani to be later referred for interrogation due to a complaint filed against him by the General Administration of Highway Tunisia Company. Anis Kaabi is accused of exploiting a public employee’s position for the purpose of harming the administration and the strike imposed on him, with the aim of obstructing public service, as per the provisions of Articles 96 and 107 of the Penal Code. Later, on February 2, 2023 the investigating judge at the Court of First Instances in Tunis issued an arrest warrant against him.
Human Rights Violations
The arrest of Anis Kaabi is a violation of his right to union activity which asserts his right to strike. In addition, the escalation and intimidating speech of President Kais Saied is clearly a threat to Tunisian citizens’ right to strike and defend their economic and social rights, as well as a blatant violation of freedom of union activity. They are rights guaranteed by the International Covenant on Civil and Political Rights, which ensures the right to freedom of association. It stipulates in Article 22, Paragraph 1 that: ”Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. Moreover, the International Organization of Labor affirms the right of workers to strike and emphasizes this to all member states, including Tunisia. Furthermore, the constitutionality of the right to strike is established, as the Tunisian Constitution in Article 41 guarantees trade union rights to Tunisian people, stating: “Trade union rights, including the right to strike, are protected.”
Sources
The case of Anis Kaabi was documented based on a phone call with a leader in the General Transport Union, official statements issued by the Tunisian General Labor Union, various posts from political and union activists, several Newspaper articles, and an examination of the President’s speech on January 31, 2022.