Women Workers in the “Temporary Worksites”
Summary
In 2020, a group of women working under what is known as the "temporary worksites" scheme in the delegation of Skhira, Sfax governorate, were prosecuted after holding a peaceful protest to demand their rights to wages and decent work, following cuts to their working hours and wages. They were sentenced in absentia to four months in prison on the charge of obstructing the freedom of work.
Personal Information
Status: Workers in the temporary worksites
Nationality: Tunisian
Governorate: Sfax
Delegation: Skhira
Charge: Obstructing the freedom of work
Incidents of Violation
On 04 February 2020, a group of women working under what is known as the "temporary worksites" scheme held a peaceful protest in front of the headquarters of the delegation of Skhira, Sfax governorate, against the decision to cut their working hours and wages, amid precarious working conditions lacking the minimum of social protection and legal guarantees.
Following this protest, the Delegate of Skhira filed a complaint against them in his capacity as an injured party, accusing them of committing the offence of obstructing the freedom of work under Article 136 of the Penal Code. On the basis of this complaint, they were prosecuted.
They were sentenced in absentia to four months in prison by the Court of First Instance of Sfax 2 on 14 October 2021.
Subsequently, the women workers lodged an objection to this judgment in absentia before the Court of First Instance of Sfax 2, which dismissed the case. However, the Public Prosecution appealed this judgment on 9 December 2024, and a hearing was set for 11 February 2026, before the court decided to postpone it to 22 April 2026.
Human Rights Violations
The prosecution of the women workers for taking part in a peaceful protest undermines several fundamental rights guaranteed under national laws and international human rights instruments, foremost among them the right to freedom of expression, the right to peaceful assembly and the right to decent work.
Article 19 of the Universal Declaration of Human Rights provides that everyone has the right to freedom of opinion and expression, including the freedom to hold and express opinions without interference. Article 20 of the same Declaration guarantees the right to freedom of peaceful assembly.
The International Covenant on Civil and Political Rights also enshrines, in its Article 21, the right of peaceful assembly, and no restrictions may be placed on this right except within narrow limits prescribed by law and necessary in a democratic society.
At the regional level, the African Charter on Human and Peoples' Rights guarantees, in its Article 11, the right to peaceful assembly and obliges states to respect and protect this right.
At the national level, the 2022 Constitution of the Tunisian Republic guarantees, in its Article 37, freedom of opinion, thought, expression, information and publication, and Article 39 guarantees the right to peaceful assembly and demonstration.
Accordingly, criminalising a peaceful social action carried out by women workers to demand their professional and social rights constitutes a disproportionate use of criminal law and reflects the use of judicial tools to restrict the right to peaceful protest, which contravenes the Tunisian state's obligations to protect fundamental rights and freedoms.
Furthermore, targeting women workers in a precarious economic situation because of legitimate social demands is likely to deepen marginalisation and the feminisation of poverty, and raises serious issues regarding the protection of the economic and social rights of women workers and ensuring that they are not subjected to prosecution or intimidation when defending their rights.