Laws against homosexual activity were rarely enforced under Ben Ali, a pro-Western military leader whose regime helped insulate Tunisia from the rising tide of religious fanaticism that has engulfed much of the Muslim world. She noted that in the previous three weeks, Tunisia had ratified four major treaties: the Optional Protocol to the International Covenant on Civil and Political Rights, the Optional Protocol to the Convention against Torture, the UN Convention on Enforced Disappearances, and the Rome Statute for the International Criminal Court.[6]. Arab nationalists believed the protests were tearing the country apart and removing the focus from important issues such as Tunisia's failing economy. Prisons are overcrowded and drug offenders represent nearly a third of the prison population. Asma Ghribi is the Tunisia blogger … )"[4], The revolution initiated what Amnesty International has described as "a wholesale process of reform" under which "political prisoners, including prisoners of conscience, were released; legal restrictions on political parties and NGOs were eased; the Department of State Security (DSS), notorious for torturing detainees with impunity, was dissolved; Tunisia became party to additional international human rights treaties; and a new National Constituent Assembly was elected with a mandate to draft and agree a new Constitution. Because parliament had failed to elect its allotted quota of Constitutional Court... Freedom of Expression, Association and Assembly. Typically, up to fifty inmates were confined in "a single 194-square-foot cell, and as many as 140 prisoners shared a 323-square-foot cell. [22], One group that has not benefited noticeably from the Tunisian revolution is LGBT people. Gay Tunisians tell me that arrests for homosexuality have been on the rise, sometimes resulting in jail terms of up to three years, from which some prisoners—victims of harassment, rape and violence from other inmates—never return. Its recommendations included reform of the judicial and security sectors, the creation of an independent body to monitor the work of the security forces, the harmonization of laws with the Constitution, measures to establish accountability for crimes committed and other steps to strengthen the rule of la… "First UN human rights office opens in Tunisia", "Human rights must be at centre of Tunisia's transitional justice efforts – UN expert", "Tunisia: 'Path Towards Construction of Human Rights Tunisia Is Difficult and Full of Traps,' Says President Marzouki", "Tunisia's New Rulers Advance Human Rights in Name Only", "Tunisia in arrested development over human rights, says Amnesty", "Human rights in Tunisia at a crossroads: Amnesty", "Tunisia launches Truth and Dignity Commission", "The Tunisian women locked up for smoking a joint", "Tunisia: Human Rights Body Decries Sacking of Tunisia Judges", "Tunisia guilty of medieval practices in prisons, detention centers", "Tunisia: Stop Undermining Judicial Decision", "Tunisia: Journalists Before Military Tribunal", "Racist Acts in Tunisia: 'Some police officers don't even file complaints, "In another first, Tunisia criminalizes racism", "Tunisia Leader Flees and Prime Minister Claims Power", "Statement by IMF Managing Director on Meeting with the Tunisian Prime Minister Youssef Chahed", "Tunisia to become second African country to legally prohibit racial discrimination", "Tunisia's parliament adopts anti-racism law", "Tunisian political party fights for women's rights with gender violence bill", "It will no longer be legal to rape a woman in Tunisia if you marry her afterwards", "Våld mot kvinnor blir olagligt i Tunisien - Nyheter (Ekot)", "Tunisian women free to marry non-Muslims", "Freedom of Marriage World Table - Freedom of Marriage World Map", "Tunisian LGBT Community: A "Don't Ask Don't Tell" Situation", "Tunisia Rejects UNHRC Request to Decriminalize Gay Sex", "Tragic Murder Of A Gay Man In Tunisia Highlights Plight Of Its LGBT Community", "Country ratings and status, FIW 1973-2012", Country Report on Human Rights Practices for 2011, Office of the United Nations High Commissioner for Human Rights, International Freedom of Expression Exchange, Association Tunisienne des Femmes Démocrates, Arabic Network for Human Rights Information, https://en.wikipedia.org/w/index.php?title=Human_rights_in_Tunisia&oldid=1002561695, Articles with French-language sources (fr), Articles with Arabic-language sources (ar), Creative Commons Attribution-ShareAlike License, This page was last edited on 25 January 2021, at 01:03. The situation soon turned into a fight and several people were injured [30] Ghayda Jeanne Thabet, a communication officer of a minority support group, explained to reporters after the attack "This is not the first time that such a racist assault takes place in Tunisia; it happens often," [30] The Tunisian Government denies that racism exists within the country and yet studies have proven otherwise. This whole situation has made Tunisia the Arab country with the fourth largest number of inmates, with 212 per 100,000 of the entire country's population. There were no developments in the May 2009 case of human rights activist Ammar Amroussia, allegedly assaulted by six police officers, including Gafsa police chief Sami Yahyaoui; the state security forces' June 2009 assault on human rights attorneys Abdel-Raouf Ayadi, Radia Nasraoui, and Abdelwahed Maatar; the June 2009 armed attack on the PDP secretary general Maya Jribi and … Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings. Authorities rebuffed demands by Tunisian family members to bring them home. But many who remained under house arrest were also banned from travel under a procedure called “S17,” which the state can impose on any person who is presumably suspected of intending to join an armed group abroad. None of these articles are interpreted to criminalize racism and discrimination. 2,000 prisoners have been convicted of committing terrorist attacks, but they are housed with inmates who are awaiting trial as well as those who have committed petty crimes. Commenting on the murder, a Tunisian editor for Gay Middle East said that "human rights in general and LGBT rights in particular" are "getting worse in Tunisia ... Society hated gays before Ben Ali, but under [the new ruling party] Ennahda, homosexuality is used as political weapon even more rigorously than in Ben Ali’s time. This commonly leads to radicalization. In 2018, the presidentially appointed Commission on Individual Freedoms and Equality recommended, among other things, equality between men and women in inheritance. [47] A large amount of anecdotal evidence suggests that harassment and assaults by police officers and others on LGBT persons continue to be widespread. "[33] According to the Tunisian government, this law refers to the equality of all people in value, not the equality of people of base on color and race. [7] In December 2012, at a World Human Rights Day ceremony in Carthage attended by several top Tunisian government officials, President Marzouki, while complaining about "an excessive freedom of expression of some media," lamented that "the path towards the construction of a human rights Tunisia is still difficult and full of traps." [40] Also the law stating that if a rapist marries his victim, he escapes punishment was also changed. Life imprisonment in Tunisia means perpetual imprisonment for the rest of the convict's natural life, and always imposed without the possibility of parole. Children were entitled to free education up to and including university. The truth and dignity commission – the Instance Verité et Dignité (IVD) – was founded in 2013, tasked with exposing decades of human rights abuses from … In November 2018, the presidency of the republic submitted a bill to parliament that would provide equality in inheritance. Words like "monkey" , "slave" , and "dirty negro" are used to dehumanize the black population. Human Rights Watch has noted that "Tunisia, long viewed as the most progressive Arab country with respect to women’s rights, marked additional advances in this field" as a result of the revolution. Article 47 states "The state must provide all types of protection to all children without discrimination and in accordance with their best interest. Association for Equality and Development (ADAM) and Minorités, and M’nemty all held marches, events, seminars and protest trying to win the support of the public and Tunisian government officials. Human rights actors’ strategies almost exclusively focused on documenting state human rights violations in order to expose and shame state actors through collaboration with international organizations concerned with the human rights situation in Tunisia, such as the International Federation of Human Rights (FIDH), the European Commission for Human Rights and the UN Office of the High … The bill did not advance in 2019. Parliament failed again in electing its allotted quota of Constitutional Court members, impeding the election and nomination of the rest of the members by the Supreme Magistrate Council and the president of the republic, respectively. Also, protesters complaining that reforms have not been instituted quickly enough, "have been met with unnecessary and excessive force." Within the President’s Office, the High Committee for Human Rights and Fundamental Freedoms is a government-funded agency charged with monitoring human rights and advising the president on related topics. On February 20, the government appealed a 2016 court decision affirming Shams’s status as a legally registered NGO. In any event, the law did not take effect because the president of the republic did not sign it. "[22], A U.S. State Department report issued in early 2012, following the Arab Spring movement, described prison conditions as "varied" and noted that while two prisons observed in February by Human Rights Watch had been overcrowded, the situation was expected to improve as the result of an amnesty that "freed thousands of political prisoners detained during the Ben Ali era." [10] Amnesty International admitted to "doubt" regarding the commitment of Tunisia's new leaders to reform, saying that "Tunisia is at a crossroads" and calling for "urgent steps ... to realise the rights and freedoms for which Tunisians fought so tenaciously and bravely in late 2010 and early 2011. Strikes were subject to UGTT approval, a requirement that the International Trade Union Conference called a violation of employee rights, but in practice unions rarely asked for such approval. In particular the lifting of legal impediments to the work of human rights defenders and progress in the adoption of human rights legislation have been significant. While the immediate months after the revolution were characterized by significant improvements in the status of human rights, some of those advances have since been reversed. Presumably these rules and protections are still in place in post-revolutionary Tunisia. A panel tasked with uncovering the truth about human rights violations under Tunisia's autocratic rulers before its 2011 revolution said Friday it has received 65,000 complaints. The constitutional court’s absence also undermined rights protections, because it was not there to rule on the constitutionality of repressive laws. "Hygiene was extremely poor, and prisoners rarely had access to showers and washing facilities," according to a U.S. State Department report issued in early 2011. "[8], In a December 2012 article, Dorra Megdiche Meziou took a cynical view of the Human Rights Day event. Tunisia in the last decade has gone from completely denying the existence of racism within the country to now passing laws criminalizing it. The procedure allows restrictions on movement both abroad and inside Tunisia. About 200 children and 100 women Tunisians who are ISIS suspects or family members of ISIS suspects remained trapped without charge in squalid conditions in Libya and Syria. [31] Under the new law, discrimination is described as "any distinction, exclusion, restriction or preference based on race, color, ancestry" or other discrimination that leads to "disturbances, an obstruction, or privation." The National Registry of Organizations law, adopted in 2018, requires new and existing associations to comply with new registration procedures, as part of Tunisia’s response to the International Financial Action Task Force (FATF) 2017 report, which called Tunisia deficient in combating money laundering and terrorism financing. Human rights sources in Egypt revealed that a number of prisoners in Cairo's Wadi El-Natrun prison have staged a strike in protest against mass executions that were carried out … Lesbian, gay, bisexual, transgender and intersex (LGBTI) people were arrested and detained for consensual same-sex sexual relations. Most such accusations concern the beating of protestors at demonstrations or at police stations. "[33] This also does not apply to racist remarks, according to the government. One difficulty was that many Tunisians consider the new constitution and the Universal Declaration of Human Rights to be at odds with Islamic values. A friend claimed that he had cried for help but "his plea went unanswered because he was gay". [26] Although persons who vandalized and attempted to set fire to the home of Nessma TV co-owner Nebil Karaoui were arrested, they were "detained only briefly and not charged," whereas Karaoui and two Nessma TV employees are still awaiting trial on charges of "undermining sacred values. And Amnesty International has noted that … Freedom of speech is being observed to a degree that is unprecedented in the country’s modern history. In at least 13 trials, the defendants did not attend; in 16 others, only their lawyers appeared. Constitutional privacy protection: The constitution contains an explicit protection of the right to privacy. Data protection law: Adraft law on the protection of personal data designed to replace the previous Law No. Forced labor was illegal, although some girls were compelled to work as domestic servants, and there were rules governing work by children, with those under 16 generally forbidden to work, although in practice many children "performed agricultural work in rural areas and worked as vendors in towns. A better knowledge of that information will contribute to the transitional justice process currently underway in the country that is the beacon of hope for the Arab Spring. [20] In October 2012, however, Human Rights Watch criticized Tunisia's justice minister for dismissing 75 judges, calling on Tunisia's parliament to "urgently pass a law to create an independent body to govern the discipline and dismissal of judges in an impartial and transparent manner. "[11], In 2014, President Moncef Marzouki established Tunisia's Truth and Dignity Commission, as a key part of creating a national reconciliation. Human Rights Watch defends the rights of people in 90 countries worldwide, spotlighting abuses and bringing perpetrators to justice, Human Rights Watch is a 501(C)(3) nonprofit registered in the US under EIN: 13-2875808, Freedom of Expression, Association and Assembly and Conscience, Two Years After #MeToo Erupts, A New Treaty Anchors Workplace Shifts, Holding Companies to Account: Momentum Builds for Corporate Human Rights Duties, As Killer Robots Loom, Demands Grow to Keep Humans in Control of Use of Force, Shutting Down the Internet to Shut Up Critics, With Millions Out of School, the Countdown Begins to Get All Children into Quality, Accessible Education, Going to the Bank for Food, Not Money: The Growing Reality of Hunger in “Rich” Countries. Before the revolution, it was the job of the Ministry of Social Affairs, Solidarity, and Tunisians Abroad to protect disabled rights, and this is presumably still the case, Many people fled to Tunisia in 2011, including Libyans fleeing the revolution in that country. The government eased conditions of house arrests in 2018. Tunisian authorities continued to prosecute peaceful expression on the basis of repressive articles in the penal code and other codes, despite adopting, in November 2011, Decree Law 115 on freedom of the press that liberalizes the legal framework applicable to written media. Article 21 states "All citizens, male and female, have equal rights and duties, and are equal before the law without any discrimination. Though there continue to be accusations of torture, such incidents are far less common than before the revolution. "While the fall of Ben Ali has afforded a greater space to free expression, not all Tunisian homosexuals are convinced things are headed in the right direction," reported the Tunisia Live website in January 2012. Tunisia's president, Zine al-Abidine Ben Ali, presides over a government that routinely infiltrates or takes over human rights, says Amnesty's report. "[13], The Tunisian regime has been criticised for its draconian policy on recreational drug use, for instance, issuing automatic 1-year prison sentences for consuming cannabis. [44], According to pre-revolutionary laws, Tunisian children inherited their citizenship from: a Tunisian father; a Tunisian mother and an unknown father; a Tunisian mother and a father who has no nationality; or birth in Tunisia to a Tunisian mother and a foreign father. Tunisia adopted legislation in 2013 to deal with the crimes of the past, which included the creation of a Truth and Dignity Commission. Disappearance. Most of the men are clean-shaven and dressed in modern European styles. Data protection agency: Tunisia has a data protection agency, the National Au… By contrast, in the 2011 elections, all 217 members of the Constituent Assembly were directly elected through party-list voting in 33 multimember constituencies, and voters were able to choose from political parties representing a wide range of ideologies and political philosophies, including Islamist and secularist groups. "Some of the officials from the former regime have been under arrest for almost two years and they are still awaiting trial, which does not seem imminent" she wrote. Despite accepting a recommendation during its Universal Periodic Review at the UN Human Rights Council in May 2017 to end the discredited police practice of administering anal testing to “prove” homosexuality, the government has not yet taken steps to carry out this pledge. The table below shows some of the results.[31]. Unlike many European countries, African countries, and other Western states, there is no possibility of parole for any person sentenced to life imprisonment. By the end of the commission’s mandate, it had transferred to the specialized courts173 cases of human rights violations, including cases of torture, enforced disappearances, and arbitrary detentions. Interior Minister Hicham Fourati declared on February 7 that he could not provide the exact number of citizens placed under the S17 procedure. Defendants did not enjoy the right to a speedy trial, and access to evidence was often restricted; in cases involving family and inheritance law, judges often ignored civil law and applied sharia instead. "The whole world watched with amazement and growing respect as Tunisians kept demanding your rights, refusing to be cowed by the repression, the arrests, the torture and all the injuries and tragic loss of life that occurred," the High Commissioner for Human Rights Navi Pillay said at the official opening of the office. Item 11: civil and politic rights. “While it is understandable that security is a priority for the government in light of the bloody attacks that have shaken Tunisia in the past 12 months, it cannot be used as a pretext for a u-turn on the modest human rights progress achieved since the uprising. The other members are the General Director of Human Rights within the Ministry of Human Rights (a currently vacant post, since the last major cabinet reshuffle that took place in January 2021), a Member of Parliament responsible for rights, freedoms and foreign affairs, a single representative for 15 ministries (such as justice, interior, education, sports, health, etc. The government has also continued to harass Shams, an NGO supporting sexual and gender minorities. Tunisia Human rights Tunisia accused of human rights violations. victims of past human rights violations were high on the political agenda and were also reflected in the enactment of the Transitional Justice Law in 2013.2 For decades, Tunisian law enforcement officers and security services committed widespread violations of human rights, … [15] Freedom House notes that human-rights reforms have not taken place in the law-enforcement sector as extensively as in other spheres of Tunisian society. Photograph: Str/AP Ian Black , … 3. "The impact of these actions, on Tunisia itself, on the wider region, and indeed all across the world is hard to measure and is far from completed. "Refusing to carry out a ruling by the highest judicial authority undermines the rule of law in Tunisia," said Eric Goldstein of Human Rights Watch. The commission outlined the role of former presidents Habib Bourguiba and Zine el-Abidine Ben Ali and others in torture, arbitrary detention, and numerous other abuses. Post-revolutionary press laws are considerably more liberal than the legislation they replaced. During the post-revolutionary period it "has been flexing its muscles," announcing a general strike that was called off after talks with government officials. [45] "Homosexuals in Tunisia celebrated the ouster of dictator Ben Ali, hoping it would improve their situation," noted Deutsche Welle in November 2012, "But in nearly two years, little has changed for the country's gay and lesbian community." In those posts, he accused a senior security official of corruptly using an official car for private purposes. Elections were tightly controlled, and term limits were extended to allow Ben Ali to remain in power. Although the death penalty has not technically been abolished, post-revolutionary Tunisia maintains the moratorium on executions that was put in place in 1991. [39], In 2017, Tunisia became the first Arab country to outlaw domestic violence against women, which was previously not a crime. While acknowledging "the historic achievements of the incumbent President of the Republic, Moncef Marzouki, as a human rights activist," noting that he had been on "the steering committee of the Arab Organization for Human Rights," belonged to "the Tunisian branch of Amnesty International," served as "president of the Arab Committee for Human Rights," and "co-founded the National Council for Liberties in Tunisia," and while further acknowledging that Mustapha Ben Jaafar, too, had helped advance human rights as "a main figure in the Tunisian opposition," Meziou complained that "serious violations and infringements of human rights" remain in today's Tunisia, and called on "these former activists of human rights who are now in power to get to work and translate their words into actions. Freedom House notes that human-rights reforms have not taken place in the law-enforcement sector as extensively as in other spheres of Tunisian society. On 16 July, Tunisia’s Truth and Dignity Commission sent memoranda to the World Bank and the IMF, as well as to France, seeking reparations for Tunisian victims of human rights violations. As the country works to restore victims’ dignity and confront decades of corruption and violence, ICTJ provides Tunisian policymakers and civil society groups with advice and resources. The United Nations special rapporteur on freedom of religion or belief presented the report of his 2018 visit to Tunisia to the Human Rights Council on March 1. Current and former prisoners reported that the lack of basic facilities forced inmates to share a single water and toilet facility with more than 100 cellmates, creating serious sanitation problems. The specialized courts opened 38 trials around the country, involving 541 victims and 687 accused. Marzouki admitted that security officials need to undergo a radical change of mindset, while Speaker of the National Constituent Assembly Mustapha Ben Jaafar expressed thanks for the help given to the new regime by a number of human rights organisations. The responsibility now falls on the government to ensure these atrocities are never repeated. The situation remains in a state of flux, with different observers providing virtually irreconcilable accounts of the current status of human rights in that country. [43] In most Muslim-majority countries, such marriages remain illegal. Several organizations were started shortly after the 2011 revolution with the goal of making the government re-interpret or add to these articles to apply to racism. "[9], In October 2012, Amnesty International said that Tunisia's revolutionary reforms had been eroded, with recent months seeing "new restrictions on freedom of expression targeting journalists, artists, critics of the government, writers and bloggers," leading to a journalists' strike. He also stated that more than 800 citizens contested the procedure in court, 51 of them winning their challenges. Under Article 230 of the penal code, anal intercourse can still be punished by up to three years in prison. Some were returned home but at the end of 2011 several thousand remained at a refugee camp on the Libyan border. [24] The death penalty remains a legal punishment in Tunisia for many serious crimes including aggravated murder, premeditated murder, terrorism, aggravated rape, kidnapping, attacks against the external security of the state, kidnapping and sequestration resulting in death, treason, espionage, arson, military offenses, attempt of a death-eligible offense and assault on a judge on duty, with threat or use of a weapon The last person to be executed in Tunisia was Jihad Matiki, who was executed by hanging in 1991 for murder and terrorism. "[22][48], Michael Lucas, referring in The Advocate in December 2012 to the closeted gay life of pre-revolutionary Tunisia, claimed that the situation "has gotten even darker in the past two years. Tunisia Implementation of the Constitution. [33] This section on protects the dignity of its citizens, even though attacks against a person race may be considered degrading, this law does not protect against it because the Tunisian government denies the existence of racism and therefore this law has no need to address it. Problems aside, said Ben Jaafar, Tunisia's democratization was "on the right track" and the country was "moving towards a consensus on the new Constitution." Tunisia Implementation of the Constitution. Following the ousting of President Zine el-Abidine Ben Ali as a result of the historic protests in 2011, the situation for human rights defenders (HRDs) in Tunisia began to improve substantially. [1] As of 2016, Tunisia has been upgraded to "Free"—the only Arab country to receive this rating. "[22], The UGTT played a major role in the revolution but "has become the main opposition force" against the new government. Parliament amended the electoral law a few months prior to elections in a way that seemed designed to exclude specific presidential and legislative candidates through measures applied retroactively. The commission named President Caid Essebsi, who died later in 2019, as complicit in torture when serving as the interior minister for Bourguiba, from 1965 and 1969. The United Nations special rapporteur on freedom of assembly and association presented the report of his 2018 visit to Tunisia to the Human Rights Council on June 25. While such abuses "declined significantly in 2011," and the judiciary underwent "some changes," the courts, like law-enforcement agencies, "have been criticized for lagging behind other institutions in their pace of reform, and there is a significant backlog of cases related to abuses by members of the former regime and security forces that have yet to be officially addressed. In July, Tunisia voted at the UN Human Rights Council in favor of renewing the mandate of the independent expert on protection against violence and discrimination based on sexual orientation and gender identity. Zaghouani spent 10 days in jail before a court sentenced him to a suspended term of one month in prison and a fine of 300 dinars (US$100). "[6] According to Freedom House, the October 2011 elections "represented a dramatic improvement in electoral freedoms and practices. a. Consensual same-sex sexual relations remain illegal under Article 230 of the Tunisian Code of Criminal Procedure, and human rights groups have reported a pattern of abuse and harassment of LGBTI individuals. After six years of investigations into human rights violations dating back to 1955, Tunisia’s Truth and Dignity Commission (known by its French initials, IVD) finally published its report March 26, marking the first real step forward in Tunisia’s process of transitional justice. 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