A/HRC/40/58/Add.1
Furthermore, complaints filed at the Truth and Dignity Commission by members of the
Christian community, largely focused on the treatment of women converts.
71.
Single-motherhood also remains unrecognised in law and stigmatized by society, and
funding for abortion clinics have declined since 2011. While the withdrawal of the
reservations to the CEDAW should be applauded, the use of sharia as interpretive tools is
likely to continue to undermine rights guaranteed by the letter of the law. For example, the
identification of a man as the head of the family unit has resulted in undermining the child
custody rights to women.19
72.
Tunisian laws continue to criminalise sexual relations between homosexuals, and the
lesbian, gay, bisexual and transgender (LGBT) community continue to be targets of verbal
and physical attacks. Individuals are subjected to forced anal examinations by medical
practitioners on the order of judges to establish proof of same sex activity. According to
information received by the Special Rapporteur, the authorities did not take appropriate
action in response to incitement to murder and hatred towards members of the LGBT
community. The Special Rapporteur received testimonies from individuals who reported
being victims of homophobic hate crimes and who alleged that criminalization of same-sex
relations in Tunisia fosters a permissive environment for homophobic and transphobic hate
crimes, as well as harassment and intimidation by family members and the wider community.
73.
Several recommendations offered to Tunisia during the last Universal Periodic
Review (UPR) held in May 2018 which called on the government to decriminalise consensual
same-sex relations and develop public awareness programmes to address stigmatisation of
lesbian, gay, bisexual, transgender and intersex persons were rejected. Regardless, in
December 2017, a Tunisian LGBT group, Shams, launched Shams Rad, a radio station
dedicated to building community awareness about human rights and inclusion. Despite
threats of violence and legal challenges, the radio has continued to operate. The Commission
for Liberty and Equality in their report published in 2018 recommended to end discrimination
against members of the LGBT. At the time of writing, the government has not given any
indication as to whether it will decriminalise consensual same sex relations or replace the 3year jail term provided under article 230 of the Criminal Code with a fine.
VII. Conclusions and Recommendations
74.
Tunisia is a country in transition following the Jasmine Revolution that ended the
authoritarian regime of President Zine El Abidine Ben Ali. While many challenges remain,
the country has also made much progress in promoting respect for fundamental rights in the
ensuing seven years; rendering Tunisia the foremost example in the region in strengthening
human rights protections for all persons, including for the right to freedom of religion or
belief.
75.
Difficulties facing the country include the use of terrorism, violent extremism and acts
that incite persons to violence in the name of religion or belief against intellectuals, artists,
human rights activists, journalists, political figures, tourists, and places of worship.
Moreover, Tunisian society remains polarised along secular and religious lines with little
dialogue among these groups and communities, due, in part, to the government’s historical
penchant for viewing religion through a security lens (securitizing religion), dating back to
the country’s pre-revolutionary era when public expressions of religious belief were regarded
as threats to national interests.
76.
The Special Rapporteur believes that the strong commitment of leading secular and
Islamist political parties (including the Nida Tounes and Ennahda parties) to working
together is contributing to the easing of such tensions. In this regard, changes in the Ennahda
Party’s platform from that of a more strident Islamist agenda to what appears to be a more
moderate approach to promoting the interests of its constituencies have likely been key to
mitigating friction along the secular-religious divide. Further to this, civil society actors have
been, and continue to be pivotal in promoting and protecting human rights and in fostering
19
14
Law and Religion, p. 312.