The African Court on Human and Peoples’ Rights’ judgment of 22 September 2022: A clear rebuke of Tunisia’s authoritarian drift

Today, the African Court of Human and Peoples’ Rights (AfCHPR) opens its 71st Ordinary Session. To mark the occasion, the International Commission of Jurists (ICJ), in collaboration with inkyfada, looks back at AfCHPR’s September 2022 judgment against Tunisia, in which it ordered the republic to return to constitutional democracy and establish an independent constitutional court. The ICJ examines the impact of the judgment on human rights in Tunisia, and how individuals can operationalize the AfCHPR to challenge the curtailment of fundamental freedoms, judicial independence and rule of law in Tunisia.

ICJ’s questions and answers:

It has been more than a year since the African Court on Human and People’s Rights issued its judgment in case No. 017/2021, “Ibrahim Ben Mohamed Ben Brahim Belguith v. Republic of Tunisia”, of 22 September 2022. The case was brought by Mr. Belguith, a national of Tunisia and a lawyer, who complained of violations of his rights under the African Charter on Human and Peoples’ Rights and other human rights instruments as a result of the promulgation of several Tunisian presidential decrees adopted under the “state of exception” pursuant to article 80 of the 2014 Constitution since 25 July 2021. In this judgment, the African Court ordered Tunisia to repeal these decrees, to return to constitutional democracy within two years, and to ensure the establishment and operation of an independent constitutional court within the same period.

What does this judgment mean and why is it important for the rule of law and human rights in Tunisia? The ICJ provides answers in the Q&A below:

1. 1. What is the African Court on Human and Peoples’ Rights?
      * The African Union 
      * The African Charter on Human and Peoples’ Rights
      * The African Commission on Human and Peoples’ Rights
      * The African Court on Human and Peoples’ Rights
      * Tunisia’s adherence to the African Human Rights System

1. 2. Why was the African Court seized of the situation in Tunisia? Contextual overview
      * President Kais Saied’s power grab of 25 July 2021
      * The absence of a Constitutional Court

3. 3. What did the 22 September 2022 judgment rule?
      * How the African Court came to rule on the matter: the application
      * What the judgment ruled:

1. 4. What are the next steps?
      * Implementation
      * Other complaints against Tunisia pending before the African Court

Download the full Q&A in English here

Download the full Q&A in French here

Download the full Q&A in Arabic here