Summary

Mohamed Ali Abdellaoui, a Public Law graduate, successfully completed all stages of the competitive examination for Foreign Affairs Secretaries. However, he was not included in the final list of successful candidates due to a negative security report. The report referred to his involvement with the cultural association “Artaki,” his links to left-wing individuals, and social media posts criticizing the President of the Republic.

Personal Information

Name: Mohamed Ali Abdellaoui

Nationality: Tunisian

Age: 28

Governorate: Sfax

Status: Holder of a National Bachelor’s Degree in Public Law from the Faculty of Law of Sfax

Nature of the violation: Exclusion from a public service recruitment examination on the basis of a security report containing information related to civic engagement and the exercise of freedom of opinion and expression.

Details of the Violation

Following the opening of applications for the competitive examination for the recruitment of Foreign Affairs Secretaries, organized by the Ministry of Foreign Affairs, Migration and Tunisians Abroad in 2025, Mohamed Ali Abdellaoui submitted his application, having met all the required conditions.

He completed the various stages of the examination: a multiple-choice test in May 2025, specialized examinations in June, a medical examination in July, and an oral examination in September, in which he obtained a score of 18 out of 20. Despite completing all stages, he learned on 30 December 2025 that his name had not been included on the final list of successful candidates.

In late February 2026, Abdellaoui filed an action for annulment before the Administrative Court in Tunis (First Instance Chamber, Rue du Dabaghine), challenging the Minister of Foreign Affairs’ decision concerning the results of the recruitment examination.

During the proceedings, the Ministry of Foreign Affairs submitted written observations stating that Abdellaoui had passed the required academic and physical examinations, but that the security report concerning him was negative. The Ministry stated that this led the examination committee to unanimously declare him unsuccessful because it considered that he did not meet the good conduct requirement.

The Ministry stated: “Whereas the applicant successfully passed the required academic and physical examinations, which would have enabled him to succeed in the competitive examination, the results of the security report concerning him were negative. The examination committee therefore unanimously decided to declare him unsuccessful due to the absence of the requirement of good conduct.”

According to Abdellaoui’s testimony, the security report contained information about his civic activities and personal associations. It referred to his membership in “Artaki,” a cultural and artistic association based in Sfax, and stated that he was “known to associate with left-wing individuals.” It also referred to his social media activity, stating that he had published “posts on social media containing criticism of the President of the Republic.”

Abdellaoui maintains that this information does not concern any criminal record, criminal conviction, or conduct prohibited by law, but relates exclusively to his civic engagement, opinions, and expression on social media.

The action for annulment remains pending before the Administrative Court, which is examining the lawfulness of the contested administrative decision.

Human Rights Concerns

The documented facts raise concerns regarding Tunisia’s compliance with its constitutional and international obligations to protect fundamental rights and freedoms. According to the available information, Abdellaoui’s exclusion from the final results of the recruitment examination was based on a security report containing information related to his civic activities, opinions, and public expression, while the documented facts do not indicate any criminal conviction or legal impediment to his recruitment. This raises concerns regarding freedom of opinion and expression, freedom of association, equality and non-discrimination in access to public service, and the use of objective and transparent criteria in public recruitment.

The case raises concerns regarding freedom of opinion and expression, as the security report reportedly referred to social media posts in which Abdellaoui criticized the President of the Republic. If these posts formed part of the basis for his exclusion, this would raise concerns about imposing professional or administrative consequences for exercising freedom of expression, particularly where such expression concerns matters of public interest and the conduct of public authorities.

Article 37 of the 2022 Constitution of the Republic of Tunisia guarantees freedom of opinion, thought, expression, information, and publication. Article 19 of the International Covenant on Civil and Political Rights guarantees the right to hold opinions without interference and the right to freedom of expression. In General Comment No. 34, the UN Human Rights Committee affirmed the importance of protecting expression concerning public affairs and public figures, and stressed that restrictions on freedom of expression must be provided by law and meet the requirements of necessity and proportionality in pursuit of a legitimate aim.

The case also raises concerns regarding freedom of association, as Abdellaoui’s membership in the cultural association “Artaki” was reportedly included in the security report. If this lawful civic activity was taken into account in assessing his eligibility for recruitment, this would raise concerns about imposing adverse consequences for the exercise of freedom of association.

Article 40 of the 2022 Constitution guarantees freedom to establish political parties, trade unions, and associations. Article 22 of the International Covenant on Civil and Political Rights protects freedom of association and permits restrictions only when prescribed by law and necessary in a democratic society for one of the legitimate purposes specified in the provision. Article 10 of the African Charter on Human and Peoples’ Rights also protects freedom of association.

The facts further raise concerns regarding equal access to public service. Abdellaoui completed all stages of the competitive examination before being excluded from the final list, reportedly on the basis of a security report referring to his opinions and civic activities.

Article 25(c) of the International Covenant on Civil and Political Rights guarantees every citizen the right and opportunity, without discrimination and without unreasonable restrictions, to have access, on general terms of equality, to public service in their country. In General Comment No. 25, the UN Human Rights Committee stated that the criteria and processes governing access to public service must be objective and reasonable.

Article 23 of the 2022 Tunisian Constitution establishes equality between citizens before the law without discrimination, while Article 2 of the International Covenant on Civil and Political Rights prohibits discrimination in the enjoyment of Covenant rights, including on the basis of political or other opinion.

In light of the available information, the exclusion of a candidate who completed all stages of the recruitment examination based on considerations related to his opinions or lawful civic activity, rather than objective criteria related to competence or a legally established impediment, would raise serious concerns regarding equality and non-discrimination in access to public service.

The case also raises questions about the use of security reports containing information related to civic activity or expression in public recruitment decisions, particularly where the available information does not indicate any legal impediment or criminal conviction. While certain public positions may require candidates to meet specific conditions, such requirements should be based on clear legal criteria, relevant to the nature of the position, and applied consistently with constitutionally and internationally protected rights and freedoms.

Overall, the case raises serious concerns regarding freedom of opinion and expression, freedom of association, and equality and non-discrimination in access to public service, particularly if Abdellaoui’s exclusion was based on his lawful civic activities or expressed opinions rather than objective criteria related to his qualifications or a legally established impediment. It also highlights the importance of effective judicial review of administrative decisions affecting rights and freedoms, in order to ensure legality, equality, and equal opportunity in access to public service.