In response to an unprecedented influx of undocumented migrants within Tunisian borders and growing anti-migrant sentiment, members of Tunisia’s Assembly of Representatives of the People have recently submitted a proposal to the General Legislation Commission. The proposed amendment aims to revise Law 68-7, 1968, a law that manages the legal status of foreigners in Tunisia.
The adjustment is intended to serve several functions – to curb illegal immigration, to maintain the nation’s security, and to fight human trafficking. An alteration to Article 23 presents a significant part of this proposal. As it stands, the current law subjects foreigners who breach Articles 4 and 5 of Law 68-7 to a prison sentence ranging from one month to one year. Should the proposed changes take effect, this could escalate to a term of one to three years. Similarly, the financial penalty could see an increase from a range of six to 120 Tunisian Dinars to a range of 300 to 5000 Tunisian Dinars.
Articles 4 and 5 of the legislation dictate the rules for entering and leaving Tunisian borders. Article 4 specifies that these actions must be executed through official border points as determined by the Minister of State for Interior Affairs. Article 5 requires each foreigner upon entry to present a valid national passport or refugee travel document added with a visa granted by the Tunisian consulate.
This proposed legislation also encompasses amendments to Article 25, which would raise the prison sentence and financial penalty for any individual who attempts to facilitate unauthorized entry or exit across the country’s borders.
This reaction from the Assembly of Representatives follows a large protest that occurred on May 4. Hundreds of nationals rallied against the overwhelming undocumented migrant population, predominantly from sub-Saharan Africa, demanding their expulsion and pleading with the Tunisian authorities to intervene.
Simultaneously, Tunisia’s partnership with the EU under the Memorandum of Understanding on a strategic and global partnership (MoU) in 2023 has received substantial criticism from rights groups, particularly for its measures to curb irregular immigration. Amnesty International has been vocal in their disapproval, contending that the EU’s assistance makes it complicit in human rights abuses against asylum seekers, refugees, and migrants under Tunisian jurisdiction.
Amnesty International has urged Tunisia to curtail the sharpening xenophobia and violence against African migrants. The call came after a migrant was responsible for killing a Tunisian national in July, which prompted the UN to express its concerns over Tunisia’s practice of returning sub-Saharan migrants to the Libyan desert. Additionally, the Tunisian Forum for Economic and Social Rights (FTDES) accused the country of prioritizing EU interests over humanitarian concerns for migrants in January.
The proposal’s consequences, both legal and societal, will likely not only influence Tunisia’s national security efforts but also impact the lives of migrants within and attempting to enter Tunisia. It remains to be seen how these proposed changes will align with international human rights standards and whether they will improve the situation for both locals and migrants in Tunisia.