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.

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