Five employees of the Tunisian Council for Refugees are scheduled to stand trial on May 13, 2026, following appeals of criminal sentences handed down for their humanitarian work. The legal battle highlights a deepening crisis for civil society in Tunisia, where providing essential aid to asylum seekers and refugees has increasingly been treated as a criminal offense.
The Criminalization of Humanitarian Aid
The legal onslaught against the Tunisian Council for Refugees began in May 2024. The organization, established in 2016, served as a critical partner to the United Nations High Commissioner for Refugees (UNHCR), assisting with initial screenings of asylum applications and providing medical assistance and emergency accommodation.
The crackdown was triggered on May 2, 2024, after the council published a public tender for hotel accommodation services. This move sparked a social media backlash amid a broader anti-migrant climate. The response from authorities was swift:
- May 3, 2024: Police raided the council’s Tunis headquarters, shut down the organization and arrested its founder and director, Mustapha Djemali.
- May 4, 2024: Program manager Abderrazek Krimi was arrested.
- May 7, 2024: An investigative judge ordered the detention of Djemali and Krimi under Law No. 40 of 1975.
The Legal Basis: Law No. 40 of 1975
Authorities utilized the Law No. 40 of 1975 on Passports and Travel Documents to prosecute the aid workers. Specifically, they were charged under articles 38, 39, and 41 for allegedly facilitating the illegal entry or exit of persons and harboring individuals entering Tunisian territory illegally.
By June 3, 2025, the Indictment Chamber expanded these charges to include article 42, which carries a potential penalty of up to 10 years in prison. On November 24, 2025, a Tunis Court of First Instance sentenced Djemali and Krimi to two years in prison, with six months suspended, releasing them the same day for time served. Both men, along with the prosecution, have appealed the decision.
“Tunisia has gone out of its way to shut down almost all available aid or protection available to refugees and asylum seekers,” stated Bassam Khawaja, deputy Middle East and North Africa director at Human Rights Watch. “The authorities should end this abusive prosecution, which sends a chilling message to groups carrying out humanitarian work.”
Financial Strangulation and Economic Hardship
The prosecution extended beyond the courtroom into the financial lives of the accused. Between May and June 2024, Tunisian authorities froze the bank accounts of the council, Djemali, and Krimi. This freeze effectively paralyzed the organization, leaving it unable to pay rent, electricity bills, or employee salaries, resulting in significant debt.
The personal toll has been equally severe. Djemali and Krimi remain without access to their personal funds, and Djemali has been unable to access his retirement pension since 2024.
A Broader Pattern of Repression
The targeting of the Tunisian Council for Refugees is not an isolated incident but part of a systemic crackdown on civil society. In 2024 alone, security forces arrested at least six other NGO workers for their efforts to combat discrimination or assist migrants.
The trend has accelerated in 2026. Since January, at least nine civil society workers have received prison sentences for their legitimate professional activities. A notable example occurred on March 19, when a Tunis court sentenced Saadia Mosbah, the president of the anti-racism association Mnemty, to eight years in prison and a heavy fine on financial criminal charges.
International Law and the Asylum Gap
Tunisia’s current trajectory stands in direct contradiction to its international commitments. The country is a state party to several key treaties, including:
- The 1951 UN Refugee Convention and the 1969 OAU Convention, both of which prohibit penalizing refugees for irregular entry if they present themselves to authorities promptly.
- The International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, which guarantee freedom of association and protection against arbitrary arrest.
- The 2022 Tunisian Constitution, which explicitly guarantees the right to political asylum.
Despite these protections, Tunisia lacks a national legal framework for asylum. This void was exacerbated in June 2024, when authorities instructed the UNHCR to suspend the processing of asylum applications, leaving thousands in legal limbo and vulnerable to arbitrary expulsion.
Key Takeaways: The State of Refugee Aid in Tunisia
| Issue | Current Status |
|---|---|
| Legal Framework | No national asylum law; processing of applications suspended since June 2024. |
| Civil Society | Widespread arrests and prison sentences for NGO workers assisting migrants. |
| Prosecution Tool | Law No. 40 of 1975 used to criminalize the provision of accommodation and aid. |
| International Standing | Actions contradict the 1951 Refugee Convention and the 2022 Constitution. |
As the trial for the Tunisian Council for Refugees employees looms on May 13, the international community remains focused on whether Tunisia will align its domestic actions with its legal obligations or continue the criminalization of humanitarian assistance.