A/HRC/40/58/Add.1 and their inclusion in major state functions. However, there was concern that certain general regulations such as tighter controls on financial flows were adversely affecting the ability of the community to mobilize necessary external funding for the completion of planned projects, such as for the completion of a school building in Djerba. Moreover, some individuals stated they would not display religious dress in public as they did not want to ‘look different’. While generally characterized by a spirit of co-existence, there appear to be societal pressures on Tunisian Jews to reject Zionism as a condition of tolerance. 48. The Protestant Church received formal recognition in 1933 and enjoys legal personality under Tunisian law; allowing the community to buy and manage real estate assets and facilitate other activities necessary to conducting church services as stipulated in Article 1 of the Beylical Decree dated 20 July 1933. 49. The Concordat of 1964 with the Holy See provides official recognition for the Roman Catholic Church in Tunisia. Article 1 of the Concordat states that the Tunisian Republic shall protect the free practice of Catholicism in Tunisia. Under this convention, the Catholic Church also agreed to permanently close down church buildings, to hand them over to the State without compensation, and to refrain from constructing any new buildings. Other restrictions from the Bourguiba era sought to restrict the public visibility of Christian practices and included, a ban on the ringing of bells, although there are signs that these limitations are being less stringently enforced, especially with regard to public displays of religious belief related to Christian festivals. 50. Non-traditional faith communities have failed to obtain official recognition and registration in the country. Applications for registration filed by the Baha’i community on two separate occasions have been denied, and an appeal to the Administrative court has been pending for the past four years. Although the law does not require registration for members of a religious community to practice their faith, in effect, without acquiring legal personality, the community faces numerous obstacles to the public manifestation of their faith either alone or community with others, in worship, observance, practice or teaching. 51. Legal personality is required for the performance of several institutional and organizational functions of the community, including the acquisition of property for the conduct of its affairs and the exercise of their rights as individuals and as a religious or belief minority group. According to the authorities, the obstacle to Baha’i registration is the constitutional restriction on the recognition of any group that claims to represent all the members of a faith or belief community. The Decree Law No. 2011-88 dated 24 September 2011 relating to the organization of associations and Decree Law No. 2011-87 dated 24 September 2011 relating to the organization of political parties prohibiting parties and associations, impede the establishment of a non-governmental organisation or political party based on religious convictions. They also prevent associations or political parties from encouraging “(…) discrimination founded on religion” in their statutes, communications, programs or activities. The Government views these restrictions as necessary for the protection of public order and national unity. 52. However, these laws do not meet the international standards for the protection of freedom of association or indeed freedom of religion or belief. The government has failed thus far to discharge its obligation to enable the Baha’i community to exercise their right to freedom of religion or belief in accordance with Articles 18 and 27 of the ICCPR and the guarantees in the country’s 2014 Constitution. Although many members of the Baha’i community reported improved relations with the Government in recent years, no meaningful remedy to address their grievances has been reportedly pursued to date. 53. Freedom of expression: While there is no specific law or policy which penalizes blasphemy in Tunisia, several existing provisions have been used as, or could be interpreted to be restrictions on freedom of expression and various aspects of manifestation of religion or belief. 54. This includes public order and public decency laws used to penalize or discourage proselytizing in public places and to prosecute allegations of speech that offended religious sensibilities. Article 226(2) of the Penal Code makes it an offense to “distribute, offer for sale, publicly display, or possess, with the intent to distribute, sell, display for the purpose of propaganda, tracts, bulletins, and fliers, whether of foreign origin or not, that are liable to 10

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