On the occasion of the appeal hearing on 2 June 2026, the undersigned organisations express their full solidarity with Saâdia Mosbah, President of the Mnemty association, as well as with her co-defendants. We denounce the growing criminalisation of human rights defenders, civil society organisations, and humanitarian actors in Tunisia.

Context

Saâdia Mosbah, a well-known figure in the fight against racism and discrimination in Tunisia and President of the Mnemty association, has been detained since May 2024. Her arrest is part of a deliberate campaign by the Tunisian authorities aimed at criminalising associations, human rights defenders, and humanitarian organisations that provide assistance to vulnerable populations. This dynamic is accompanied by an openly hostile political discourse towards independent civil society and those working for the protection of human dignity.

As the only member of the group held in detention, Saâdia has been detained for more than two years, including approximately twenty-two months of pre-trial detention between May 2024 and March 2026, far exceeding the legal maximum of fourteen months provided for under Tunisian law. Such a duration constitutes a clear violation of the right to be tried within a reasonable time, guaranteed under Article 9(3) of the International Covenant on Civil and Political Rights (ICCPR).

Saâdia was sentenced on 19 March 2026 to eight years’ imprisonment at first instance, along with a five-year deprivation of her civil rights, a fine of 120,000 dinars (approximately 35,000 euros), and the seizure of her assets – including her phone, computer, and pension, which is legally protected but has been frozen since May 2024. She is currently awaiting the outcome of her appeal. Five other members and collaborators of Mnemty were also sentenced to prison terms ranging from one to three years. Four of them, currently in Tunisia, risk imminent arrest if the conviction is upheld on appeal.

In support of Saâdia Mosbah and Mnemty, the NGO Protect Humanitarians has launched an international petition calling for her immediate and unconditional release, denouncing the increasing criminalisation of human rights defenders and humanitarian organisations. Mnemty, a human rights and anti-discrimination association, is being prosecuted, among other charges, under the anti-terrorism law No. 2015-26 and anti-money laundering legislation, without any factual basis in this case. The misuse of laws intended for other purposes to criminalise ordinary civil society activity constitutes a serious violation of the rule of law, as highlighted by UN Special Rapporteurs in their joint communication of 14 August 2025 to the Tunisian government, in which they expressed deep concern over the proceedings against Saâdia Mosbah and other defenders of migrants’ rights and anti-racist activists. These prosecutions also form part of a broader context of increasing repression of civil society in Tunisia.

The instrumentalisation of counter-terrorism laws against civil society constitutes a violation of international human rights standards and undermines the principles protecting humanitarian action and assistance to vulnerable populations. The UN Special Rapporteur on the promotion and protection of human rights while countering terrorism recalled in his report to the Human Rights Council (March 2024) that the misuse of counter-terrorism legislation against human rights defenders and associations violates freedoms of expression, assembly, and association, and that anti-money laundering measures must not hinder legitimate non-profit activities or humanitarian aid.

The signatory organisations also condemn the security-driven approach dominating migration governance in Tunisia and the region. This approach criminalises anti-racist activists and solidarity actors working with all victims of racism, including migrants and Black Tunisians. The criminalisation of activities carried out by Mnemty, which operates notably under Law No. 50 on the elimination of all forms of discrimination, is compounded by the authorities’ failure to implement this law, their denial of the existence of racism, and their repression of those who fight against it, in direct violation of solidarity and human rights defence.

Equating assistance to vulnerable people with criminal activity severely undermines the ability of civil society organisations to carry out their legitimate mission and creates an atmosphere of intimidation incompatible with Tunisia’s international obligations.

Beyond this case, the prevailing racist discourse, fuelled by political rhetoric portraying migrants as a threat, forms the environment in which Mnemty operates and in which its members are now being prosecuted and convicted. We also warn of the danger posed by the normalisation of such discourse and practices for the full range of fundamental rights.

We call for:

• The immediate and unconditional release of Saâdia Mosbah;
• The dismissal of all charges against members of Mnemty;
• An end to the instrumentalisation of anti-terrorism laws against civil society organisations, human rights defenders, and humanitarian actors providing legitimate assistance to vulnerable populations;
• An end to rhetoric and policies that incite hatred against migrant people who are victims of racism, and against those who defend them;
• Respect for international human rights law and Tunisia’s international commitments, particularly regarding the protection of people on the move, non-discrimination, dignity, access to protection, and safeguards against arbitrary detention, collective expulsions, and other human rights violations.

Signatory organisations:  

• OMCT within the framework of the Observatory for the Protection of Human Rights Defenders (Obs)
• Protect Humanitarians
• EuroMed Rights
• Amnesty International
• Minority Rights Group
• Legal Action Worldwide
• Avocats Sans Frontières
• FIDH within the framework of the Observatory for the Protection of Human Rights Defenders (Obs)