Rania Mechergui

Summary:

Rania Mechergui is a Tunisian citizen and environmental activist who works as a local tour guide in the Tabarka delegation. Rania is facing charges accusing her of the formation of an accord aiming at attacking public and private property and inciting chaos, following a complaint filed by the Tabarka mayor due to her support for the feminist movement demanding the right to access potable water in the Rouiaa area in Hammam Bourguiba in Tabarka.

Personal Information: 

Name: Rania Mechergui

Occupation: Environmental Activist

Nationality: Tunisian

Case: Forming an accord with the intent of damaging public and private property and inciting chaos

Incidents of Violation:

Rania Mechergui, a civil society activist, received on June 20, 2024, an official summons to appear before the Tabarka investigation unit for interrogation, following a complaint filed by the Tabarka delegate, due to her participation in a protest in the region demanding the right of residents to access potable water. Rania participated in the peaceful feminist protest held on June 11, 2024, in the Rouiaa area of Hamam Bourguiba, Jendouba Governorate. It was organized to demand the right to access potable water. The residents of the area have been facing challenges to commute to border areas to obtain potable water.

According to the victim of the violation, the background of the protest dates back to when potable water was cut off for the region’s residents. In 2020, potable water was restored following the COVID-19 pandemic, thus the residents were allowed to use water for free as promised by the local authority. However, the residents were surprised by the re-closure of water after two years, and they demanded to pay the estimated consumption fees, which amounted to TND 24.000.

Furthermore, the victim of the violation made a media intervention on the radio  “CAP FM" a day before the protest to call for a demonstration and express support for the demands of women in the region. It is worth noting that the protest witnessed the intervention of the local National Guard forces intending to disperse the assembly. Other activists from the National Water Observatory were arrested as they were heading to the Rouiaa area to support the residents.

In her testimony to Intersection Association, the victim of the violation stated that she was investigated in the presence of a lawyer. She added that she was about the reason for joining the protest, whether she was supported by any organizations or associations, and about the purpose of the protest. Nevertheless, peaceful assembly is a right guaranteed by the Tunisian constitution. By the end of the investigation and after consulting the public prosecution, it was decided to keep her in a state of release.

Human Rights Violations

The arrest of activist Rania Mechergui due to her participation in a peaceful protest is a violation of human rights, primarily the right to peaceful assembly protected by Article 20, Paragraph (1) of the Universal Declaration of Human Rights: ”Everyone has the right to freedom of peaceful assembly and association.” Additionally, Article 21 of the International Covenant on Civil and Political Rights stipulates that “The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in accordance with the law and which are necessary in a democratic society in the interests of national security, public safety, public order, the protection of public health or morals, or the protection of the rights and freedoms of others.” Besides, it is also included in the Tunisian Constitution within Article 42: “The freedom of peaceful assembly and demonstration is guaranteed.” 

Protest and other forms of peaceful assembly are one of the manifestations of the right to freedom of expression, which is a fundamental right protected by Article 19 of the International Covenant on Civil and Political Rights, Paragraph (1), which states that everyone has the right to hold opinions without interference. 

This right includes the freedom to discuss public affairs and organize peaceful assemblies and meetings.  Moreover, the peaceful assembly was to demand a human right, which is the right to enjoy potable water by all citizens throughout the territory of the Republic without any exception. This is a constitutional right stipulated in Article 48 of the Tunisian Constitution, which states: ”The state shall equally provide potable water to everyone, and preserve the water wealth for future generations.”

Sources

The case of violation was documented after communicating with activist Rania Mechergui on June 21, 2024.