International Commission of Jurists

Tunisia: Genuine reform or further erosion of the Rule of Law? A Q&A on the four Decree-Laws adopted by Tunisia’s President in September 2026

Tunisia
Issue: Rule of Law
Document Type: Analysis Brief | News
Date: November 2026
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.هذا البيان الصحفي متوفر باللغة العربية  أيضاً

In a Questions and Answers (Q&A) briefing released today, the International Commission of Jurists (ICJ) examines the constitutionality and lawfulness under international human rights law and standards of the four decree-laws adopted by Tunisia’s President, Kaïs Saïed, on 30 September 2026, namely:

  1. Decree-Law 2026-1, amending Decree-Law 2022-54 “on combating offences relating to information and communication systems”;
  2. Decree-Law 2026-2, amending Decree-Law 2022-13 “on penal reconciliation and the allocation of its resources;
  3. Decree-Law 2026-3, amending certain provisions of Organic Law 2012-23 establishing the Independent High Authority for Elections (Instance Supérieure Indépendante pour les Élections, ISIE), including some of the amendments that Decree-Law 2022-22 had introduced to the said Organic Law 2012-23; and
  4. Decree-Law 2026-4 on municipal councils, abrogating Organic Law 2018-29 on the Code of local constituencies, and replacing it with 140 new articles.

In particular, the Q&A analyses the changes brought about by Decree-Law 2026-1 and Decree-Law 2026-3 that directly impact on human rights and considers whether the amendments they introduce constitute meaningful steps to improve Tunisia’s compliance with its obligations under international human rights law with regard to freedom of expression and the principle of free elections.

The Q&A addresses the following questions:

  1. What changes does Decree-Law 2026-1 bring to Decree-Law 2022-54, and do they really improve freedom of expression in Tunisia?
  2. What changes does Decree-Law 2026-3 bring to Organic Law 2012-23, and does it guarantee ISIE’s independence?
  3. Was the President empowered to issue the four recent Decree-Laws?

The ICJ considers that the four decree-laws adopted in September 2026 are contrary to international human rights law binding on Tunisia, and further entrench the erosion of the rule of law and separation of powers in Tunisia.

Download
The Q&A can be downloaded in English and Arabic.

Contact

Saïd Benarbia, Director, ICJ Middle East and North Africa Programme; t: +41 22 979 3800, e: said.benarbia@icj.org

Nour Al Hajj, Regional Communications & Advocacy Officer, ICJ Middle East and North Africa Programme; e: nour.alhajj@icj.org

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