A/HRC/40/58/Add.1
safe, inclusive spaces in which the moderate voices of political and civil society actors can
converge.
77.
Despite the significant turbulence characterizing Tunisia’s political circumstances, the
Constitutional settlement of 27 January 2014 and the establishment of several government
bodies (i.e. those focused on transitional justice, combatting torture and guaranteeing
freedom of expression) appear to be important milestones in the ongoing consolidation of the
country’s democracy. The Constitution of 2014 guarantees freedom of religion or belief for
all, protects the right to religious dissent and conversion, commits to equal citizenship and
non-discrimination, and imposes a duty on the State to promote the equal rights of all persons,
regardless of gender or belief
78.
At the same time, the Constitution provides that only Muslims are eligible for the
presidency, and although Tunisia is described as a civil state based on equal citizenship, the
Constitution identifies Islam as the country’s religion and mandates the State to protect the
sacred.
79.
The essential task ahead will be to ensure that (1) institutions mandated by the
Constitution are established and allowed to mature; and (2) laws and practices that continue
to violate the guarantees under the Constitution are rescinded. Among the key institutions
commissioned by the Constitution are an independent judiciary, a Constitutional Court, and
an independent National Human Rights Institution (NHRI). Other crucial bodies include
Truth and Dignity Commission, with a mandate to examine grievances related to violations
of human rights from 1955 to 2013. An ad hoc Commission on Civil Liberties and Equality
(COLIBE) formed by President Beji Caid Essebsi to identify all aspects of discrimination
and to formulate proposals for redress. Although a petition to secure an extension for the
mandate of the Truth and Dignity Commission failed in 2018, it was allowed to complete its
work by the end of calendar year. Meanwhile, COLIBE submitted its findings to the President
in August 2018. The Special Rapporteur looks forward to engaging with the government on
the outcomes of the work of the COLIBE.
80.
The situation of freedom of religion or belief in Tunisia is marked by both encouraging
and concerning circumstances and developments. The country’s long history of religious
tolerance and its commitment to equality places Tunisians on a familiar trajectory aimed at
better realizing the human rights of persons in the country. The country also has a long
tradition of commitment to secular law, based on the Napoleonic Code, as manifested in the
Personal Status Code adopted in 1957.
81.
Furthermore, the government appears to only recognise communities that identify
with the Abrahamic religions. Relations with the Jewish community are based on a 1958 law
that protects their freedom of worship, vests the Grand Rabbi who is paid a salary by the
State with direct control over the synagogues. Community leaders expressed satisfaction with
the level of institutional autonomy and security they enjoyed, but they expressed concern
about the negative impact that tightening restrictions on foreign funds are having on the
health of community needs.
82.
Relations with the Catholic and Protestant communities are also governed by separate
agreements that confer all church buildings to state ownership but permit their use by their
respective communities. While these agreements impose several restrictions, such as banning
of the ringing of church bells and visibility of church services and celebrations, there are
signs that some of these restrictions are being relaxed.
83.
There appears to be a higher degree of regulation for Muslim communities in the
country. The State owns all the mosques and appoints and dismisses the Imams. Non-Sunni
Muslim groups such as Ibadis and Shia do not have their own mosques, but no reports of
harassment, discrimination, or persecution have been received. Furthermore, the government
suggests themes for Friday sermons, but there were no reports that the State controlled their
content. However, the promotion of moderate messaging via sermons appear to be a popular
solution among government actors for assuring the neutrality of mosques, protecting against
partisan instrumentalization and responding to the recent independence of religious leaders
in the management of religious programs and property following the Jasmine Revolution.
84.
Tunisia has also led the region in promoting the human rights of women and gender
equality since 1956. Despite initial pushback on these achievements by some religious actors
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