"[22], The UGTT played a major role in the revolution but "has become the main opposition force" against the new government. Item 11: civil and politic rights. The constitutional court’s absence also undermined rights protections, because it was not there to rule on the constitutionality of repressive laws. This charge was used by the post-revolutionary government on May 29, 2012, to detain police official Samir Feriani, who had accused high-ranking government officials in the death of protesters during the revolution. Under the former regime of Zine el-Abidine Ben Ali, the cabinet, much of the legislature, and many regional officials had been appointed directly by the president. 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. "Tunisia: 'Did We Make the Revolution For This? Parliament failed again in electing its allotted quota of Constitutional Court... Freedom of Expression, Association and Assembly and Conscience. Article 23 states "The state protects human dignity and physical integrity, and prohibits mental and physical torture.". Authorities rebuffed demands by Tunisian family members to bring them home. The ongoing prosecutions affected whistleblowers and would-be whistleblowers. [40] According to Human Rights Watch, 47% of Tunisian women have been subject to violence in the home. Presumably these rules and protections are still in place in post-revolutionary Tunisia. Authorities have continued to prosecute and imprison presumed gay men under article 230 of the penal code, which provides up to three years in prison for “sodomy.”. [47] A large amount of anecdotal evidence suggests that harassment and assaults by police officers and others on LGBT persons continue to be widespread. Photograph: Str/AP Ian Black , … [1] As of 2016, Tunisia has been upgraded to "Free"—the only Arab country to receive this rating. Since the revolution, however, according to de Bellaigue, "tensions have risen sharply between the three partners" in the post-revolutionary government, "not least because the divisions between Islamists and secularists that the coalition was designed to bridge, or at least camouflage, are now obvious ... increasingly, secularists and religious conservatives have been drawn into a vigorous culture war, in which the former invoke human rights, and the latter, Islamic law. Tunisia was upgraded to "Partly Free" after the revolution (often associated with the so-called Arab Spring, with its political rights rating improved from 7 to 3 (with 7 the worst and 1 the best) and its civil liberties rating going from 5 to 4. In 2018, the presidentially appointed Commission on Individual Freedoms and Equality recommended, among other things, equality between men and women in inheritance. "[11], In 2014, President Moncef Marzouki established Tunisia's Truth and Dignity Commission, as a key part of creating a national reconciliation. For example, the Council of Ministers decided to withdraw Tunisia's reservations to the Convention on the Elimination of All Forms of Discrimination against Women, though the government suggested "it might not implement reforms that conflict with Islam. a. “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. [12], Tunisia, according to de Bellaigue, "has taken important strides toward a more representative and accountable political system. [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." The women are not veiled; many of them wear makeup and do not have headscarves." 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. 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. Article 21 states "All citizens, male and female, have equal rights and duties, and are equal before the law without any discrimination. On August 23, 2018, several young Tunisians started to throw rocks at a pregnant woman because of race. She described a man who kept eating a bowl of soup "just a few feet from the man’s murder" and she also maintained that "townspeople spoke as if Angelo deserved to die because of his homosexuality and children laughed at the tragedy." The procedure allows restrictions on movement both abroad and inside Tunisia. [34] Initially, the movement began on social media because traditional media did not cover it. 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. [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. Constitutional privacy protection: The constitution contains an explicit protection of the right to privacy. As Christopher de Bellaigue noted in an article posted at the New York Review of Books website on December 18, 2012, Tunisia's new constitution is, "give or take a few vague references to Islam, strikingly secular. Parliament has also failed to elect members of several other constitutional authorities, such as the Human Rights Commission and the Commission on Corruption and Good Governance. Post-revolutionary amendments to Tunisia's law on torture brought it more into line with international law. During the campaign, candidates focused on debating reforms to the economy and government social programs and devoted less attention to individual liberties and addressing past human rights violations. Tunisia: Arbitrary and abusive travel restrictions breach human rights. Prior to the revolution, the government had "increased vocational training programs in handicrafts geared toward persons who have disabilities," and a 1991 required new public buildings to be accessible to the disabled. It opened in Gabes on March 29, 2018, and was continuing at time of writing. Data protection agency: Tunisia has a data protection agency, the National Au… In 2015, there were approximately 25,000 inmates of incarceration facilities in Tunisia, including "preventive detention" centers and jails. The commission was mandated to investigate all serious human rights violations from 1955 to 2013 and is designed to provide accountability for torture, forced disappearances, and other abuses of the past. [51], Pre-revolutionary Tunisian law banned, and presumably post-revolutionary law still prohibits, discrimination against disabled persons. The emergency decree empowers authorities to ban strikes or demonstrations deemed to threaten “public order.” Under the decree, authorities have placed hundreds of Tunisians under house arrest. 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. Also, protesters complaining that reforms have not been instituted quickly enough, "have been met with unnecessary and excessive force." Though there continue to be accusations of torture, such incidents are far less common than before the revolution. Also, young demonstrators in various places around the country had been arrested and were awaiting trial under "miserable conditions. )"[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. "[6] According to Freedom House, the October 2011 elections "represented a dramatic improvement in electoral freedoms and practices. A study conducted in April and May 2018 by Afrobarometer recorded data from 12 hundred respondents. 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. "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. Winds of Change in Tunisia. 2018 Country Reports on Human Rights Practices: Tunisia. [38], After taking power, the post-revolutionary government accepted in principle equality between women and men in elections. 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. In October 2012, a prosecutor announced plans to investigate a complaint against Nessma TV for broadcasting a film that Muslims considered offensive. The Commission claimed that the IMF and World Bank bear “a share of responsibility” in social unrest linked to structural adjustment policies. But it has unquestionably been enormous and truly inspirational." 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. Overcrowded prison facilities exceeded capacity by 150 to 200%, causing tension and violence among inmates and increasing the spread of disease. 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. 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. On May 20, the government lost the appeal. While it is no longer a crime to defame or offend public officials or institutions, defamation in general remains a crime, although one that is not punishable by imprisonment. Human rights organizations contended, however, that the ministry failed to pursue or investigate adequately alleged human rights violations. Since Tunisia is a member state of UNESCO, its citizens may use the UNESCO procedure for human rights violations in UNESCO's fields of mandate. Defamation of recognized religions also remains a crime, as does "distributing false information", a charge on which the pre-revolutionary government prosecuted dissidents and human rights activists. 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. 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. Tunisia Tunisia’s January 2011 revolution opened the door to address a past of widespread political repression and human rights violations. Most prisoners were forced to share beds or sleep on the floor. First-time candidates shook up the electoral races, and legislative and judicial measures that seemed designed to undermine the most prominent among them cast a shadow over the integrity of the process. 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 … Emergency law imposed in Tunisia has consumed about 80% of human resources used in the process of rehabilitation.[25]. 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. A state of emergency remained in effect throughout the year, renewed by President Essebsi and then by interim President Mohamed Ennaceur. [50], Before the revolution, Tunisian law technically allowed workers to join unions, but this right was not always respected. The Revolution was a huge civil rights push that ended up removing the current president Zine El Abidine Ben Ali and creating a democratic state with free elections. Still, discrimination persists under law and in daily life, with women still denied equal rights in inheritance and custody matters. 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. Transitional Justice. "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. [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." The institutions are working, albeit imperfectly. To be sure, secularists and Islamists exert themselves to ensure that their view of the world carries the day, but I have spoken to hard-liners in both camps who accept that, for as long as the majority opposes them, compromise is inevitable. Under the pre-revolutionary government there were severe penalties for assaulting minors, but prosecution of such offenses was extremely rare. Human Rights Commission. However, because of the lack of laws prohibiting it, the police would not do anything about it. Key privacy facts 1. The proposed law, which would be incorporated into other legislation and government policies, would introduce sweeping definitions of gender-based violence, covering psychological and economic harm in both the public and domestic spheres. Government-employed social workers assisted abused children, and the Ministry of Women's Affairs, Family, Children, and Elderly Persons "employed a child protection delegate in each of the country's 24 districts to intervene in cases of sexual, economic, or criminal exploitation of children." "[18], Before the revolution, according to Freedom House, Tunisia's judiciary "was carefully managed by the executive branch, which controlled the appointment and assignment of judges. E/CN.4/2005/NGO/278 Access the statement in PDF 1. [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. The commission was mandated to investigate all serious human rights violations from 1955 to 2013 and is designed to provide accountability for torture, forced disappearances, and other abuses of the past. On October 9, 2018, Tunis' Parliament passed a new law called the "Elimination of All Forms of Racial Discrimination" Act. Although Fehri had been charged with embezzlement, Fehri claimed that the real reason for his arrest was his broadcasting of a satirical show about leading Tunisian politicians. [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. [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. Tunisia Human rights Tunisia accused of human rights violations. Civil rights activists credit a girl named Sabrina for starting the talk about the creation of the law. The government eased conditions of house arrests in 2018. The government has also continued to harass Shams, an NGO supporting sexual and gender minorities. (It does not mention the Sharia, for instance, and guarantees equal rights for all Tunisian men and women. 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. Written statement by CETIM and AAJ. On February 20, the government appealed a 2016 court decision affirming Shams’s status as a legally registered NGO. "[13], Fifteen percent of the country identifies as black and many of them face prejudiced on a daily basis. He also stated that more than 800 citizens contested the procedure in court, 51 of them winning their challenges. Authorities had not released an autopsy report at time of writing, and no charge had been filed in connection with his death. The responsibility now falls on the government to ensure these atrocities are never repeated. [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. [40] Also the law stating that if a rapist marries his victim, he escapes punishment was also changed. [22], One group that has not benefited noticeably from the Tunisian revolution is LGBT people. Freedom of speech is being observed to a degree that is unprecedented in the country’s modern history. "[49], There is still no official LGBT rights organization in Tunisia, although an online magazine for gays was established in March 2011. The demand for human rights lies at the heart of the vision for a ‘new’ Tunisia. 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, … Before 2011, transsexuals and drag queens could be seen in the streets; now they have disappeared. "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. [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. Arab nationalists believed the protests were tearing the country apart and removing the focus from important issues such as Tunisia's failing economy. Penalties for sexual harassment at work would be increased and police officers and hospital staff trained in gender issues. A constitutional court, if it existed, would likely have subjected the electoral law amendments to constitutional scrutiny. 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. These protests were met with strong resistance from the population majority. Eight Tunisian human rights associations, headed by Avocats Sans Frontières, have categorized 7,454 cases of human rights violations and filed them into databases. 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. "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. 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. "[26], The following is a chart of Tunisia's ratings since 1972 in the Freedom in the World reports, published annually by Freedom House. 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. Human rights. Life imprisonment in Tunisia is a mandatory punishment for terrorism, aircraft hijacking, assassination, aggravated murder, and aggravated rape. A friend claimed that he had cried for help but "his plea went unanswered because he was gay". 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. Transitional Justice. 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. "[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." "[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. Police detained peddler Abderrazek Selmi, 58, on June 8, following a dispute with officers. Asma Ghribi is the Tunisia blogger … 3. 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. Authorities also undermined freedom of conscience by using a vague provision of the penal code on “publicly offending morality” to convict café owner Imed Zaghouani on May 29, 2019, for keeping his café in Kairouan open during Ramadan fasting hours. 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. "[5], In July 2011, the UN opened its first human-rights office in north Africa. A case of suspicious death took place in Bouhajla, a small town in the region of Kairouan. On March 26, the commission published its five-volume report analyzing and exposing the senior officials and state institutions responsible for systematic human rights abuses over five decades. Contagious diseases, particularly scabies, were widespread, and prisoners did not have access to adequate medical care. In early 2016, Sabrina was verbally abused with racial insults on the street and reported the incident to the police. 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. [52], Pre-revolutionary situation and post-revolutionary developments, Assembly of the Representatives of the People, Convention on the Elimination of All Forms of Discrimination against Women, 18 October Coalition for Rights and Freedoms. 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. 63 was approvedin March 2018 and came into force on May 25, 2018. Acknowledgment The State of Surveillance in Tunisia is the result of an ongoing collaboration by Privacy International and partners. 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 … During the post-revolutionary period it "has been flexing its muscles," announcing a general strike that was called off after talks with government officials. 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 Tunisia Office enjoys a full mandate to protect and promote human rights. Interior Minister Hicham Fourati declared on February 7 that he could not provide the exact number of citizens placed under the S17 procedure. "[33] This also does not apply to racist remarks, according to the government. Words like "monkey" , "slave" , and "dirty negro" are used to dehumanize the black population. Refugees and asylum-seekers were detained for irregular entry into Tunisia. [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. [28], Human Rights Watch criticized two journalists trial in the military courts in 2016. 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. Because parliament had failed to elect its allotted quota of Constitutional Court... Freedom of Expression, Association and Assembly. 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. The new government has also failed in some cases to protect individuals exercising their free speech. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings. Violence in police stations or prisons is still present; Tunisian nongovernmental organizations (NGOs) reported tens of cases of alleged torture in 2018. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings Media and civil society reported the … All unions belonged to the UGTT, a federation that was technically independent but whose leaders were often subject to government harassment and to limitations on their freedom of action. 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