Tunisia withdraws the possibility to access to the African Court: A rollback of gains and a step towards further violations

In a step that represents a rollback from International and regional human rights and the rule of law in Tunisia, the Intersection Association of Rights and Freedoms condemns the decision issued by the Tunisian state on March 3, 2025, regarding the withdrawal of its declaration accepting the jurisdiction of the African Cout in receiving complaints of human rights violations from individuals and NGOs. This decision was justified by the increasing number of complaints against the Tunisian government considered politically motivated, aimed at defamation, interfering in internal affairs, and undermining the dignity of the state and its institutions, as well as the credibility of the Tunisian judiciary. 

It is worth noting that Tunisia became a party to the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights on October 5, 2007. In June 2017, Tunisia deposited the declaration under Article 34(6) of the Protocol allowing individuals and NGOs to submit complaints to the African Court. This was a pioneering step in human rights, as Tunisia was among only eight countries in the African Union that deposited the declaration. As an independent judicial body, the Court represents a vital refuge for victims, providing effective avenues when local judicial mechanisms fail to deliver justice. 

Tunisia’s withdrawal of its declaration accepting the African Court’s jurisdiction to receive complaints from individuals and non-governmental organizations constitutes a clear threat to the rights of individuals to seek redress at the regional level and places Tunisia among countries with authoritarian regimes that evade all forms of accountabilities and controls. 

Based on all the above, the Intersection Association for Rights and Freedoms calls on the Tunisian authorities to reconsider its decision and reinstate its declaration under Article 34(6) of the Protocol to the African Charter, as it represents a setback to Tunisia’s international commitments and a violation of the right to international redress for victims. 

Intersection Association for Rights and Freedoms reaffirms its commitment to the principle of non-retrogression of human rights achievements, including Tunisia’s obligations before the African human rights system and other relevant regional and international mechanisms. 

It also calls for enhanced coordination between civil society organizations to monitor any regression in rights and freedoms, alongside intensifying regional and international advocacy campaigns to oppose such decisions that could exacerbate the human rights crisis in Tunisia.

Preserving this regional mechanism within the framework of the African Union is crucial to ensure accountability and prevent governments from escaping responsibility in the case of committing serious violations against their people.

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