Jamel Cherif

Summary

Jamel Cherif is a Tunisian trade unionist who holds the position of Secretary-General of the Local Labour Union in Sbikha. He was arrested because of his trade union activity and his defence of the rights of workers at the leather and footwear factory in the El Metbasta area of the delegation of Sbikha, Kairouan governorate.

Personal Information

Name: Jamel Cherif

Nationality: Tunisian

Status: Secretary-General of the Local Union in Sbikha

Incidents of Violation

Jamel Cherif is a natural sciences teacher at the Sbikha secondary school and a Tunisian trade unionist active within the Tunisian General Labour Union (UGTT), where he holds the position of Secretary-General of the Sbikha Local Union. Following a series of events at the leather and footwear factory in the El Metbasta area of the delegation of Sbikha, Kairouan governorate, which saw a number of male and female workers dismissed from their jobs after taking part in a series of protest actions demanding better working conditions, and a number of them arrested together with the victim of the violation, Mr Jamel Cherif carried out his trade union role and defended the interests of the dismissed workers, seeking solutions that would guarantee their rights and contribute to improving their situation. As the protest continued, the factory's managers sued Jamel Cherif and a number of workers. The lawyer of the victim of the violation recounts that his client received a summons from the National Guard Research and Search Brigade in Kairouan, and after he went to them to be heard, the Public Prosecution decided to commit him to Kairouan civil prison on the basis of charges brought against him under Article 136 of the Penal Code and Article 388 of the Labour Code. These accusations against the victim of the violation stem from his trade union activity and his standing alongside the factory workers. After he was committed to prison, a hearing was set for 15 November 2024 to examine the case. When 15 November came, the court rejected the release requests submitted by the lawyers, and another hearing was set for 21 November 2024.

Human Rights Violations

The arrest of Mr Jamel Cherif constitutes a flagrant violation of human rights, in particular the right to freedom of expression and the right to demonstrate and protest, as his arrest stems from his trade union activity. It constitutes a violation of the right to freedom of trade union activity and the associated right to strike, as provided for in the International Covenant on Civil and Political Rights, which guarantees the right to freedom of association in trade unions; Article 22, paragraph 1, provides for "the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests". Furthermore, the International Labour Organization has recognised workers' right to strike and has stressed to all member States, of which Tunisia is one, the need to implement and respect workers' rights.

This is not to mention the constitutional nature of the right to strike: Article 41 of the Constitution of the Tunisian Republic provides for the trade union rights of the Tunisian people, stating: "The right to organise in trade unions, including the right to strike, is guaranteed." Moreover, the targeting of trade unionists confirms the rising level of repression and the Tunisian State's targeting of freedoms. This type of violation may also open the door to further abuses that infringe the rights of workers in various sectors, particularly those suffering from precarious employment conditions and fundamentally lacking adequate protection. In the absence of sufficient legal guarantees and effective oversight, these violations may contribute to entrenching a climate of repression and harming workers' rights.