Tunisia’s Assembly of Representatives of the People submitted a proposal to the General Legislation Commission on Thursday to amend Law 68-7, 1968, relating to foreigners’ status. The proposal was motivated by the unprecedented number of undocumented migrants entering Tunisia, protection of national security and combating human trafficking.
The amendment, presented in accordance with Article 68 of the constitution, would modify Article 23 by increasing the prison sentence for foreigners who enter or leave the country in violation of Articles 4 and 5 of Law 68-7. The prison sentence, which is currently one month to one year, would increase to a sentence between one to three years. The amendment would also increase the penalty from a range of six to 120 Tunisian Dinars to a range of 300 to 5000 Tunisian Dinars.
Article 4 of the legislation provides that entry and exit from Tunisia can only be effectuated through the border points determined by decree by the Minster of State for Interior Affairs. Moreover, Article 5 states that every foreigner must present a valid national passport, or a refugee travel document, at the moment of entry along with a visa provided by the Tunisian consulate.
Furthermore, the proposal would modify Article 25 by increasing the prison sentence from a range of one month to one year to a range of one to three years. The proposal would also amend the penalty from a range of six to 120 Tunisian Dinars to a range of 1000 to 5000 Tunisian Dinars for anyone who directly or indirectly aids or attempts to facilitate entry to and exit from the country to foreigners without authorization.
The proposal comes a week after a large protest demanding the removal of undocumented migrants from the country. Hundreds of Tunisians took to the streets on May 4 to protest the presence of migrants, most of whom are from sub-Saharan Africa. Protestors urged authorities to find a solution, with Tunisian authorities raiding migrants’ encampments, removing tents and expelling migrants in Tunis and Sfax.
Meanwhile, activists were arrested on Thursday for protesting outside UN headquarters in Tunis regarding the demolition of the encampments, criticizing Tunisia’s deal with the EU. The agreement was introduced under the Memorandum of Understanding on a strategic and global partnership (MoU) in 2023 and aimed to provide financial support to Tunisia of €105 million ($120 million) to combat irregular immigration. The deal was vehemently criticized by Amnesty International, which stated that the agreement makes the EU “complicit in abuses against asylum seekers, refugees and migrants” and “will result in a dangerous expansion of already failed migration policies.”
Tunisia has seen an increase in anti-migrant sentiment and violence, fuelled by President Kais Saied’s remarks in February 2023. Amnesty International urged Tunisia to put an immediate end to racist and xenophobic attacks targeting Black African migrants, urging the country to investigate and hold perpetrators accountable. Moreover, the UN expressed concern over the expulsion of sub-Saharan migrants to the Libyan desert after a migrant killed a Tunisian national in July.
The North African country was further accused of ignoring humanitarian concerns for migrants in favor of EU interests in January by the Tunisian Forum for Economic and Social Rights (FTDES), which expressed concern over the migrant situation in the country and its serious humanitarian repercussions.