TUNISIA
Country Guide
DISCLAIMER
The information contained in this guide is for general background information purposes only. It has been obtained from publicly available
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TABLE OF CONTENTS
Page
BACKGROUND ......................................................................................................................1
Geography.....................................................................................................................1
Climate..........................................................................................................................1
Capital ...........................................................................................................................2
Street map of Capital ....................................................................................................3
History...........................................................................................................................3
Economy .......................................................................................................................4
Agriculture and Trade ...................................................................................................4
Unemployment..............................................................................................................5
Population .....................................................................................................................5
Demographic trends ......................................................................................................5
Ethnic groups and languages ........................................................................................5
Religion.........................................................................................................................5
Education ......................................................................................................................5
PRACTICALITIES...................................................................................................................6
Useful phrases in Arabic...............................................................................................6
Electricity......................................................................................................................8
Time ..............................................................................................................................8
Money ...........................................................................................................................9
Currency........................................................................................................................9
Tipping..........................................................................................................................9
Credit/Debit Cards and ATMs ....................................................................................10
Traveller’s Cheques ....................................................................................................10
Currency Restrictions..................................................................................................10
Banking Hours ............................................................................................................10
Indicative Exchange Rates..........................................................................................10
Travel Information ......................................................................................................10
Passports .....................................................................................................................10
Visas............................................................................................................................10
Rail Services ...............................................................................................................11
Driving ........................................................................................................................11
City Transport .............................................................................................................11
Journey Times.............................................................................................................11
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(continued)
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Health..........................................................................................................................12
Food and Drink ...........................................................................................................13
Travel Insurance..........................................................................................................13
Accommodation..........................................................................................................13
Recommendations.......................................................................................................14
Shopping / Restaurants ...............................................................................................14
Telephone....................................................................................................................15
Mobile Telephone / Blackberry/ Internet....................................................................15
Post / Courier Services................................................................................................16
Media ..........................................................................................................................16
Special Advice ............................................................................................................17
Criminal Penalties.......................................................................................................18
Local Customs ............................................................................................................18
Miscellaneous / Other .................................................................................................21
Embassy Contact Details ............................................................................................21
STATE ....................................................................................................................................22
Recent developments and elections ............................................................................22
Governmental System.................................................................................................23
Local Authority...........................................................................................................24
LEGAL ...................................................................................................................................24
Constitution.................................................................................................................24
Legal System...............................................................................................................25
Islamic personal law ...................................................................................................26
African customary law................................................................................................26
Judicial Structure ........................................................................................................26
Corruption ...................................................................................................................28
Criminal Justice and Law Enforcement......................................................................28
Evidentiary rules .........................................................................................................28
Rights afforded to defendants .....................................................................................28
Prisons.........................................................................................................................30
Contact details.............................................................................................................31
HUMAN RIGHTS ..................................................................................................................31
General Information: A Turbulent Time.....................................................................31
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Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment............32
Denial of Fair Public Trial ..........................................................................................32
Freedom of Expression ...............................................................................................33
Groups in Need of Special Protection.........................................................................33
Children.......................................................................................................................33
Refugees and Internally Displaced Persons (IDPs) ....................................................33
Homosexuals...............................................................................................................34
Prison and Detention Centre Conditions.....................................................................34
Non-Governmental Organisations ..............................................................................35
Gender Equality ..........................................................................................................35
International Treaties ..................................................................................................36
What statute (if any) governs intestate succession in Tunisia?...................................37
Does the CSP provide for equal rights to succession across genders? .......................37
What statute (if any) governs property ownership in Tunisia?...................................37
Does the Constitution provide for women to have equal rights to men in
regards to acquiring, holding and dealing with property (including in respect
of legal age and rights to marital property)?...............................................................38
Is it common for people to make wills in Tunisia?.....................................................38
Is it generally accepted in Tunisia that women should have equal right to
inheriting assets as men? If so, is this reflected in testamentary inheritance?............38
Are there customary laws that impact on (i) inheritance rights and how people
view the rights of women and children with regards to inheriting assets; and/or
(ii) the ability of women to acquire, hold and deal with property in their own
name? ..........................................................................................................................39
Are there are Islamic or other religious traditions/laws that impact on (i)
inheritance rights and how people view the rights of women and children with
regards to inheriting assets; and/or (ii) the ability of women to acquire, hold
and deal with property in their own name?.................................................................40
To the extent that there are any practices (whether customary, religious or
otherwise) which are detrimental to (i) inheritance rights of women and
children; and/or (ii) the ability of women to acquire, hold and deal with
property in their own name, how are these treated at law? For example, are
actions such as property grabbing / forced evictions criminalized? ..........................40
SEXUAL OFFENCES............................................................................................................41
Is there a law relating to sexual offences? ..................................................................41
Are there fixed sentencing requirements or guidelines for rape? ...............................41
Is marital rape a crime?...............................................................................................42
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What are the sentences for major sex crimes? ............................................................42
What is the age, for the purposes of Sexual Offences, when a victim is
considered a child?......................................................................................................43
What are the respective sentences for defilement, rape or abuse of children? ...........43
HUMAN TRAFFICKING ......................................................................................................43
What “Tier” is Tunisia on the US State Department Ranking?..................................44
Is Tunisia identified as: transit, origin or destination country? ..................................45
Does Tunisia have its own Trafficking Laws (National)? ..........................................46
The Law relating to passports and travel documents..................................................46
The Labour Code ........................................................................................................47
The Code for the Protection of the Child....................................................................48
The Penal Code ...........................................................................................................48
Has Tunisia ratified etc., UN protocols re: human trafficking?..................................49
What is the age when a trafficking victim is considered “child” vs. “adult”?............50
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BACKGROUND
Geography
Tunisia is situated on the Mediterranean coast of North Africa, midway between the Atlantic
Ocean and the Nile Delta. The country is located between Algeria and Libya, and to the
south of Italy:
1
Tunisia occupies an area of 163,610 square kilometres, of which 8,250 are water. The
country borders Algeria for 965 km and Libya for 459 km.
Tunisia is about the size of the American state of Wisconsin. Despite this relatively small
size, it has two distinctive Mediterranean coasts, west-east in the north, and north-south in the
east, which gives the country great environmental diversity. 2
Climate
The climate in Tunisia varies across its different regions. The country as a whole is known
for its warm weather, and the southern areas are particularly hot as it is mostly desert land.
Coastal regions have a more Mediterranean climate with long, hot dry summers and mild,
rainy winters. Tunis sees average highs during the summer months of 33°C and average lows
of 21°C. To the south on the northeast coast, Monastir sees the same highs but its nights stay
slightly hotter at an average low of 23°C. In the ‘wet’ season between October and April,
Tunis can expect 10-20mm more rain per month than Monastir. 3
1
http://4.bp.blogspot.com/_iNEpUiDHC9c/SGpUZtmF04I/AAAAAAAAARU/SAKGYQHUyo/s320/tunisia_map.gif
2
http://en.wikipedia.org/wiki/Geography_of_Tunisia
3
http://www.holiday-weather.com/country/tunisia/index.html
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1
Capital
The capital of Tunisia is Tunis. The city is located on the Mediterranean coast of the country:
4
Tunis is Tunisia’s largest city, with a population of 728,453 as of the 2004 census; the greater
metropolitan area holds some 2,412,500 inhabitants. 5
4
5
http://thefastertimes.com/news/files/2011/01/tunisia_intro_map.jpg
http://en.wikipedia.org/wiki/Tunis
2
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Street map of Capital
(Source: http://mappery.com/maps/Tunis-City-Map.mediumthumb.jpg)
History
Following France’s rule of the country from 1883 to 1956, Habib Bourguiba was elected as
President and lead the country for three decades. Mr Bourguiba advanced a number of
secular ideas, including the emancipation of women, the abolition of polygamy and
compulsory free education.
Although Mr Bourguiba professed an anti-Islamic
fundamentalist line, he was criticised for his increasing powers.
In 1987 he was dismissed on grounds of senility and Zine al-Abidine Ben Ali became
President. While the new President inherited an economically-stable country, he continued
with a hard line against Islamic extremists and maintained a similarly expansive degree of
control over the country. Mr Ben Ali faced reproach at home and abroad when his party won
three elections with “99.9%” of the vote. The opposition also condemned the changes being
made to the constitution which allowed him to run for re-election in 2004, and in 2009.
In January 2011, violent protests erupted on the streets of Tunisia due to the perceived lack of
political freedom and high levels of unemployment. President Ben Ali went into exile and
left his prime minister to take charge.6 This has subsequently become known as the “Jasmine
Revolution”.
6
http://news.bbc.co.uk/1/hi/world/middle_east/country_profiles/791969.stm
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The former prime minister, Mohammed Ghannouchi, immediately formed a unity
government. He did not have the support of the masses however as his new cabinet included
several members of the old guard. Mr Ghannouchi pledged to hold elections, but he resigned
on 27 February 2011 under pressure from continuing demonstrations. 7
The British Foreign and Commonwealth Office subsequently issued the following statement:
“Following the departure of the former President, a State of Emergency was declared on the
afternoon of 14 January and this remains in place. The political situation in Tunisia is
undergoing rapid and dramatic change. There were street protests and violence prior to and
following the departure of former President Ben Ali. While all major groups have ended
their demonstrations, further unrest remains possible. The situation could last some
months.” 8
Mr Béji Caïd-Essebsi, a liberal, is now the interim Prime Minister of Tunisia (since 28
February 2011). 9 Aged 84, Mr Caid Essebsi trained as a lawyer and was a close aide of the
former president, Habib Bourguiba. He has previously held ministerial posts in charge of the
interior, defence and foreign affairs. 10
Economy
“Tunisia has few natural resources, but it is among the more stable, prosperous nations of the
Middle East, with a high rate of home ownership, literacy and foreign investment, a large
middle class and a poverty rate at around 4 percent. The economy grew by more than 6
percent in 2007 on the strength of agriculture (and agriculture exports), tourism and mining
(Tunisia produces about 80,000 barrels of oil per day).” 11
Agriculture and Trade
Agriculture accounts for around 11% to 14% of the GDP of Tunisia. “This performance is
the consequence of large-scale support and modernization efforts made within the framework
of a development policy and of agricultural and rural activities regulation.” 12
“The two most important export crops are cereals and olive oil, with almost half of all the
cultivated land sown with cereals and another third planted with more than 55 million olive
trees. Tunisia is one of the world’s biggest producers and exporters of olive oil, and it
exports dates and citrus fruits that are grown mostly in the northern parts of the country. The
center of the country is used largely to raise cattle, the Sahel region is famous for its olive
groves, and the southern part of the country is known for its date production. Tunisia remains
one of the few Arab countries which is self-sufficient in dairy products, vegetables, and fruit
and almost self-sufficient in red meat. Since the 1980s, agricultural output has increased by
about 40 percent, and exports of food have risen considerably.” The fishing industry is also a
7
http://news.bbc.co.uk/1/hi/world/africa/country_profiles/791969.stm
http://www.tripadvisor.co.uk/TravelAdvisory-k81-Political_unrest.html
9
http://online.wsj.com/article/SB10001424052748703933404576170332627397682.html
10
http://www.asiaone.com/News/AsiaOne+News/World/Story/A1Story20110228-265779.html
11
http://middleeast.about.com/od/tunisia/p/me071210.htm
12
http://www.laposte-export-solutions.co.uk/uk/markets/country-profiles/tunisia/presentation
8
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major sector, and the government has done a great deal to improve the storage and processing
facilities in order to meet European standards. 13
Unemployment
The unemployment rate is approximately 14%. 14
Population
Demographic trends
From 1970 to 2000, the population of Tunisia doubled to over 10 million (Source:
www.google.com). However, the country’s natural growth rate is less rapid than those of
other North African countries. This is due to low birth rates caused by family planning, and
the increased social, economic, and legal status of women. Emigration has also helped to
reduce the overall growth rate, with hundreds of thousands of Tunisians being employed
abroad, notably in France and the Middle East.15
Ethnic groups and languages
Tunisia has a highly homogeneous population, made up almost entirely of Arab and Berber
descent (98%). The small European population (1%) consists mostly of French and Italians.
Tunisian Jews and other groups make up the remaining 1%. The official language is Arabic
and this is used in business and education. French is also taught to all school children and is
commonly used in commerce and administration. A small number of people also speak
Berber (the indigenous sub-language of North Africa). 16
Religion
Almost all of the population is Muslim (99%), and Islam, in its Maliki Sunni form is the
official state religion. 17
Education
Since 1991, a basic education has been free and compulsory for all school children between
the ages of 6 and 16. Language in particular is given an extremely high priority. “Children
are brought up to speak Tunisian Arabic. When they enter school at age 5, they are taught in
Classical Arabic. From the age of 8, they are taught French while English is introduced at the
age of 10”. 18 Higher education is also encouraged, with 13 public universities across the
country. 19
13
http://www.nationsencyclopedia.com/economies/Africa/Tunisia-AGRICULTURE.html
http://www.indexmundi.com/tunisia/unemployment_rate.html
15
http://www.britannica.com/EBchecked/topic/609229/Tunisia/46607/Demographic-trends
16
http://www.nationsencyclopedia.com/Africa/Tunisia.html
17
http://www.britannica.com/EBchecked/topic/609229/Tunisia/46606/Religion
18
http://www.tunisia.com/tunisia/culture/tunisian-family-life/tunisian-education
19
http://www.mapsofworld.com/tunisia/education/
14
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PRACTICALITIES
Useful phrases in Arabic
English Phrases
Arabic Phrases
English Greetings
Arabic Greetings:
Hi!
Salam! مالس
Good morning!
Sabah el kheer ريخلا حابص
Good evening!
Masaa el kheer ريخلا ءاسم
Welcome! (to greet someone)
Marhaban ابحرم
How are you?
Kaifa haloka/ haloki ( female) ؟كلاح فيك
I'm fine, thanks!
Ana bekhair, shokran! اركش ريخب انأ
And you?
Wa ant? / Wa anti? (female) ؟تنأ و
Good/ So-So.
Jayed/ ‘aadee ديج/ يداع
Thank you (very much)!
Shokran (jazeelan) (اليزج( اركش
You’re welcome! (for “thank
Al’afw وفعلأ
you”)
Hey! Friend!
Ahlan sadiqi/ sadiqati! (female) يقيدص الﻩأ/!يتقيدص
I missed you so much!
Eshtaqto elaika/ elaiki (female) katheeran كيلإ تقتشإ
اريثك
What’s new?
Maljadeed? ؟ديدجلام
Nothing much
Lashai jadeed ديدج ءيش ال
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English Phrases
Arabic Phrases
Good night!
Tosbeho/ tosbeheena
ريخ ىلع نيحبصت
See you later!
Araka/ Araki (female) fi ma ba'd دعبام يف كارأ
Good bye!
Ma’a salama ةمالسلا عم
Asking for
Directions
Help
(female)
‘ala
khair/ حبصت/
and
I’m lost
Ada'tu tareeqi!
Can I help you?
Hal beemkani mosa’adatuk? ؟كتدعاسم يناكمإب لﻩ
Can you help me?
Hal beemkanek mosa’adati? ؟يتدعاسم كناكمإب لﻩ
Where is the
pharmacy)?
!يقيرط تعضأ !يقيرط تعضأ
(bathroom/ Ayna ajedu (al merhaad/ assaidaliah)? ضاحرملا( دجأ نيأ/
؟)ةيلديصلا
Go straight! then turn left/ imshy ala tool, thumma ‘arrij
right!
ﺶ
ٍ ﻋﻠﻰ ﻃﻮل ﺛﻢ ﻋﺮّج ﻳﻤﻴﻨﺎ أﻣ/ !الامش
yaminan/
shimalan
I’m looking for John.
Abhatu ‘an John نوج نع ثحبأ
One moment please!
Lahda men fadlek/ fadleki (female) كلضف نم ةظحل
Hold on please! (phone)
ibqa/ ibqay (female) ala al khat raja’an ىقبإ/ يلع يقبأ
!اءاجر طخلا
How much is this?
Kam howa thamanoh? (th as in bath) ؟ﻩنمث وﻩ مك
Excuse me ...! (to ask for
something)
Men fathlek/ fathleki (female) (th as in that) كلضف نم
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English Phrases
Arabic Phrases
Excuse me! ( to pass by)
Alma’derah ةرذعملا
Come with me!
Ta’ala/ ta'alay (female) ma’ee! !يعم لاعت
(Source: http://www.linguanaut.com/english_arabic.htm)
Electricity
Electrical sockets in Tunisia are one of the two European standard electrical socket types:
“type C” Europlug and the “type E” and “Type F” Schuko:
If an appliance’s plug does not match the shape of these sockets, a travel plug adapter will be
required in order to plug in. 20
Time
The time in Tunisia is 1 hour ahead of GMT (the West Africa time zone). 21
Public holidays
2011
2012
New Year’s Day
1 Jan
1 Jan
Revolution Day
18 Jan
18 Jan
Birth of the Prophet
15 Feb
4 Feb
Independence Day
20 Mar
20 Mar
Youth Day
21 Mar
21 Mar
20
21
http://www.adaptelec.com/index.php?main_page=document_general_info&products_id=196
http://www.timeanddate.com/worldclock/city.html?n=253
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2011
2012
Martyrs’ Day
9 Apr
9 Apr
Labour Day
1 May
1 May
Republic Day
25 Jul
25 Jul
Women’s Day
13 Aug
13 Aug
Independence Movement Day
3 Sep
3 Sep
Id al Fitr (End of Ramadan)
30 Aug
19 Aug
Evacuation Day
15 Oct
15 Oct
Commemoration Day
7 Nov
7 Nov
Islamic New Year
26 Nov
15 Nov
(Source: http://www.wordtravels.com/Travelguide/Countries/Tunisia/Holidays)
Money
Currency
The currency is the Tunisian Dinar (TND) = 1,000 millimes. Notes are in denominations of
TND30, 20, 10 and 5. Coins are in denominations of TND5 and 1, and 500, 100, 50, 20, 10
and 5 millimes.
Currency Exchange
Foreign currencies and traveller’s cheques can be exchanged at banks, bureaux de change and
airports, railway stations, ports and major hotels in Tunisia at the official exchange rates. 22
Tipping
Tipping is generally expected in tourist resorts, particularly in hotels. 23 The rate is usually 10
to 15% for the service rendered. 24 In local establishments, tipping is not expected but it will
be appreciated as it indicates your approval of the food and/or service provided. 25
22
http://tunisia.embassyhomepage.com/tunisian_money_euro_currency_converter_tunisian_banks_visa_credit_ca
rd_money_transfer_to_tunisia_traveller_cheques_thomascook.htm
23
http://www.hoteltravel.com/tunisia/guides/travel_tips.htm
24
http://www.worldtraveltips.net/africa/view.cgi?country=Tunisia
25
http://www.hoteltravel.com/tunisia/guides/travel_tips.htm
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Credit/Debit Cards and ATMs
Credit cards (mainly MasterCard and Visa) are accepted in a few places in major resorts and
towns. American Express and Diners Club are accepted in few places in tourist areas. There
are ATMs in most towns and every tourist resort.
Traveller’s Cheques
Readily cashed in banks and the usual authorised establishments. The most convenient
currencies are Euros and US Dollars.
Currency Restrictions
The import and export of local currency is prohibited. The import of foreign currency is
unlimited, but large amounts should be declared and the amount exported must not exceed
that declared upon arrival.
Banking Hours
Mon-Fri 0800-1600 (winter)
Mon-Fri 0730-1300 (summer) 26
Indicative Exchange Rates
USD
EUR
GBP
JPY
CAD
AUD
CHF
CNY
1 TND =0.73556 0.50541 0.44444 60.0612 0.70033 0.68470 0.64803 4.77896
Inverse: 1.35950 1.97857 2.25002 0.01665 1.42790 1.46050 1.54313 0.20925
(Source: http://www.xe.com/currency/tnd-tunisian-dinar)
Travel Information
Passports
Passports must be valid for another 6 months after the end of your visit to Tunisia.
Visas
Visa Required?
Passport Required?Return Required?
British
No/3 months max.
Yes
Yes
Australian
Yes/3 months max.
Yes
Yes
Canadian
No/3 months max.
Yes
Yes
26
http://www.worldtravelguide.net/tunisia/money
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USA
No/4 months max.
Yes
Yes
Other EU
No/3 months max.
Yes
Yes
Japanese
No/3 months max.
Yes
Yes
Nationals of Australia and South Africa, who do need a visa, can obtain one on arrival at the
point of entry for a small price. Please check with the Tunisian Embassy in your country for
details. 27 Nationals of Australia, France, Germany, Italy, Greece, The Netherlands should
also carry their national identity cards with them at all times during their stay in Tunisia.
Rail Services
Rail transport is provided by SNCFT (tel: 71 345 511; www.sncft.com.tn) and connect Tunis
with major towns on a regular basis. The main route is north-south between Tunis and
Gabès, via Sousse and Sfax, with a branch line to Monastir and Mahdia. Other lines out of
Tunis link the capital with Bizerte and other northern areas. There are three classes: first,
second and confort. It is recommended to book in advance for popular routes, especially for
first class and particularly over the summer months. Views of the Selja Gorge can be seen
from the Lezard Rouge (Red Lizard), a restored train dating from 1910, which runs daily
between Metlaoui and Redeyef. 28
Driving
Driving in Tunisia is quite erratic; there is little discipline with regard to lanes, and pedestrian
crossings and traffic lights are sometimes ignored. Care needs to be taken when driving in
urban areas as pedestrians tend to walk on the roads and have the right of way. Particular
care should be taken when crossing roads, even where there is a signal allowing you to do so.
You may also encounter military or police security checks. If you do, approach slowly, do
not cross boundaries without permission and be prepared to present photo ID if requested. 29
City Transport
Tunisian cities and resorts are generally safe and easy to get around by taxi, with Tunis also
offering local electric train services and a tram network. 30
Journey Times
The following chart gives approximate journey times (in hours and minutes) from Tunis to
other major cities/towns in Tunisia:
27
http://travelpuppy.com/africa-tunisia/visa-passport.htm
http://www.worldtravelguide.net/tunisia/local-transport
29
http://www.fco.gov.uk/en/travel-and-living-abroad/travel-advice-by-country/middle-east-north-africa/tunisia
30
http://www.worldtravelguide.net/tunisia/local-transport
28
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Air
Road
Rail
Monastir
0.35
3.00
3.00
Sfax
0.50
4.00
3.30
Djerba
1.00
7.00
-
Tozeur
1.15
6.00
-
(Source: http://www.iexplore.com/dmap/Tunisia/Do's+and+Don'ts)
Health
All non-Tunisians visiting the country will have to pay for any doctors’ fees, medication and
hospitalisation in private clinics, usually in cash. Health insurance is therefore essential as
these costs can be quite considerable. 31
Medical advice should be sought as early as possible to ensure any necessary vaccinations
can be arranged. The following vaccinations are recommended:
Disease
Recommendation
When to see a
doctor
Typhoid
Vaccination recommended
10 days before
travel
Hepatitis A
Vaccination recommended
2 weeks before
travel
Diphtheria
*Vaccination sometimes recommended
3 months before
travel
Tuberculosis
*Vaccination sometimes recommended
3 months before
travel
Hepatitis B
*Vaccination sometimes recommended
2 months before
travel
Rabies
*Vaccination sometimes recommended
1 month before
travel
Meningococcal meningitisNot required
Cholera
Not required
Yellow fever
Certificate of vaccination required if arriving10 days before
from an infected area
travel
31
http://www.fco.gov.uk/en/travel-and-living-abroad/travel-advice-by-country/middle-east-north-africa/tunisia
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Japanese B encephalitis
Not required
Tick-borne encephalitis
Not required
*Recommendations that are marked “Vaccination sometimes recommended” should be
considered as “Vaccination strongly recommended” if a person is travelling frequently or
spending extended time in Tunisia.
All travellers are advised to ensure that tetanus and polio vaccinations are kept up to date. 32
Food and Drink
Mains water is safe to drink as it is normally chlorinated, but it may cause mild abdominal
upset. Bottled water is available. Milk should be boiled when unpasteurised. UHT milk is
available and is advised. Only eat well-cooked meat and fish, preferably served hot.
Vegetables should be cooked and fruit peeled. Avoid eating ice cream sold on the street,
which might have melted and been refrozen. 33
Travel Insurance
Following the political unrest in the country earlier this year, a state of emergency exists
across Tunisia. The British Foreign and Commonwealth Office currently advises the
following for all travellers to Tunisia:
“Curfews or other temporary movement restrictions may be imposed or changed with little or
no notice. It is important, therefore, to observe instructions given by local security authorities
and/or your tour operators. You are advised to carry a copy of your passport, or other form of
photo ID, at all times as proof of nationality and identity.” In addition, there is “a general
threat from terrorism in Tunisia. Attacks cannot be ruled out and could be indiscriminate,
including in places frequented by British expatriates and foreign travellers.” 34
Therefore, comprehensive travel and medical insurance should be taken our before travelling.
Check any exclusions, and that the policy covers you for the activities you want to undertake,
as well as political crises or terrorist activities.
Accommodation
Hotel Les Berges du Lac Concorde (average price is $230 per night)
Rue du Lac Turkana
1053 Tunis
This is a luxury five star hotel set on the shore of Lake Tunis. 35
Magic Life Africana Imperial, Hammamet (average price is $70 per night)
32
http://www.netdoctor.co.uk/travel/africa/tunisia.shtml
http://www.worldtravelguide.net/tunisia/health
34
http://www.fco.gov.uk/en/travel-and-living-abroad/travel-advice-by-country/middle-east-north-africa/tunisia
35
http://www.hotel.info/homepage.aspx?lng=EN&cpn=46
33
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B.P 48
Yasmine Hammamet
Hammamet 8056
Tunisia
This is a four star hotel that comes highly recommended in numerous travel guides. 36 It is
situated in a resort with 302 rooms, various gardens and several restaurants.
Hotel Gulf Royal (average price is $60-100 per night)
51-53 Rue de Yougoslavie
1001 Tunis
This is a three star hotel, providing 60 rooms and conveniently located. It is a few meters
from the main Avenue Habib Bourguiba and the Souks, and 15 minutes from the airport and
the famous northern coast sea resort. 37
Blue Oasis Guest House (prices from $34 per night)
19 Impasse de Casablanca
la Soukra
Tunis
This is a popular guest house, with the archaeological sites of Carthage, Sidi Bou Said and
Marsa Beach all being a short taxi ride away. 38 There is a large swimming pool and an exotic
garden on site.
Recommendations
Shopping / Restaurants
‘The Centre des Traditions et des Métiers d'Art de Kairouan’ in Kairouan provides a good
opportunity to see traditional techniques for weaving, embroidery and carpet making.
The 19th century ‘Central Market’ in Tunis is a colourful area suitable for exploring and
trying Tunisian food, providing a generous selection of cheeses, fresh bread, harissa (spicy
chilli paste), olives and pickles, as well as fruit, vegetables and basketware.
‘Delma’ in Tunis is an upmarket shop selling Tunisian dates stuffed with pistachio paste or
dried apricots, or covered in sesame seeds.
The ‘Sousse Medina’ in Sousse provides a large selection of traditional stores and souvenir
shops. 39
36
http://www.tripadvisor.co.uk/Hotel_Review-g297943-d637227-Reviews-Magic_Life_Africana_ImperialHammamet.html
37
http://www.hotel.info/homepage.aspx?lng=EN&cpn=46
38
http://hostels.bootsnall.com/blue-oasis-guest-house-18524.html
39
http://www.lonelyplanet.com/tunisia/shopping
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Les Berges Du Lac (6 - 7 Rue du Lac Windermer, Tunis), which is close to the British
Embassy, is a popular Lebanese restaurant that is recommended by the expatriate community
in Tunis. 40
Restaurant ‘Dar El Jeld’ (5-10, Rue Dar El Jeld, Tunis Medina) is highly recommended in
several tourist guides, and is known for its authentic Tunisian menu. 41
Cafe De Paris Brasserie (Avenue Habib Bourguiba, Tunis) is one of the most popular and
reasonably priced cafés in Tunis, with a small restaurant serving traditional Tunisian fare and
salads. 42
Telephone
The country code for Tunisia is 216 (followed by the city code, e.g. 1 for Tunis, or 3 for
Souss - all city codes be found here: http://countrycode.org/tunisia). The pre-dial number for
calls from Tunisia to other countries is 00. 43
Emergency numbers are as follows (all beginning with 1x):
112 = free emergency call
190 = ambulance car
193 = national guard
197 = police
198 = guard civil
Mobile Telephone / Blackberry/ Internet
Mobile phones are very widely used in Tunisia, with three main mobile phone providers:
Tunisie Telecom (Tunet/TunTel)
Orascom-Tunisiana
Orange
Reception is generally good in all cities and towns, though more difficult to find in desert
areas.
Roaming costs in Tunisia are very high. Therefore if you intend to telephone another country
from Tunisia, you are advised to buy a local number in Tunisia (SIM card). Note that this
card will only work when your telephone does not have a netlock or simlock.44 There should
be Blackberry access via the mobile networks listed above. In any case, you are advised to
contact your mobile phone or blackberry provider before you travel in order to check your
access.
40
http://www.nomarmiteintunisia.co.uk/eatingout.htm
http://www.trivago.co.uk/tunis-231/restaurants/dar-el-jeld-134905
42
http://www.worldtravelguide.net/tunis/cafe-de-paris-brasserie
43
http://countrycode.org/tunisia
44
http://www.tunispro.net/tunisia/telephony-in-tunisia.htm
41
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It is possible to make a collect call, and this is done by dialling 17 for the international
operator, then asking for “un appel en PCV” (pronounced pay-say-vay). 45
Post / Courier Services
Post offices are identified by the logo below: 46
Post boxes are usually light yellow in colour. Post office opening hours vary according to the
season and the location (whether in the cities or in rural/village areas). In the cities, the
following hours usually apply:
September to June, Monday to Saturday from 8am to 6pm
July and August, Monday to Friday from 7:30am to 1pm and 5 to 7pm, Saturday from
7:30am to 1:30pm
During Ramadan, Monday to Saturday from 8am to 3pm.
When the post office is closed, stamps can be purchased from shops selling postcards and
some authorised taxiphone offices.
Postal services are considered very reliable, with post to Europe usually taking one week, and
post to North America and Australasia usually two weeks. 47
Courier services can be provided by DHL Tunisia, FedEx-Tunisia or local companies such as
the following: http://www.allocoursier.com/
Media
Newspapers are widely available in French and Arabic, with the most popular being La
Presse and Le Temps. Foreign newspapers (particularly Le Monde) are also readily available
a day following their print. The English language weekly newspaper, Tunisian News, is also
available though it contains a large degree of PR.
There are four Tunisian national TV channels, one in Arabic and three in French. The Italian
channel, Rai Uno, is also available, and several other French stations may be picked up.
45
The Rough Guide to Tunisia, by Daniel Jacobs and Peter Morris 2001.
http://www.poste.tn/
47
The Rough Guide to Tunisia, by Daniel Jacobs and Peter Morris 2001.
46
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Radio stations are similarly multi-lingual, with Radio Tunis (93.1 FM) being one of the more
popular for music. 48
Special Advice
NOTWITHSTANDING THE INDICATIVE ADVICE BELOW, SECURITY AND
ADVICE FOR TRAVELLERS TO TUNISIA IS SUBJECT TO CHANGE AT ANY TIME.
YOU SHOULD OBTAIN UP-TO-DATE ADVICE ON SECURITY ISSUES AT THE TIME
OF TRAVEL.
As stated earlier in this guide, a state of emergency has continued across Tunisia since
January 2011, following extensive political protests and the departure of the President. The
British Foreign and Commonwealth Office has issued the following advice, which should be
considered at all times during your stay in Tunisia:
“Demonstrations could occur at any time and in any location across Tunisia. Demonstrations
in the southern town of Metloui resulted in the death of two people on 11 March and protests
in Gafsa led to a temporary curfew. You should avoid any such gatherings. Although
protests are not aimed at foreigners and British nationals are unlikely to be targeted in any
unrest there is a risk of incidental violence if the demonstration does not pass peacefully.
If you see a gathering, rally or demonstration move quickly away from the area if it is safe to
do so. If you are aware of demonstrations nearby, or are in any doubt about the safety of
your location, stay in your accommodation.
Some groups are also using industrial action as a form of protest. We have witnessed a
number of unannounced strikes of public sector employees, including the police, and expect
that there will be more. This may cause disruption to services and itself lead to public
protest. Two students died and 43 were injured on 19 April in violent clashes that took place
in a high school in Sened, Gafsa region. This appears to be an isolated case of tribal
violence.
You may encounter increased security near strategic sites, such as the Presidential palace and
government and military buildings. You should carry a form of photo ID at all times (such as
a copy of your passport). Be prepared to show this to uniformed security officials if asked to
do so.”
There is also a persistent threat of terrorism in Tunisia, as well as the risk of kidnapping from
terrorists. In particular, caution should be exercised when travelling on the Southern
Tunisia/Algeria border:
“Tourists must seek permission from the Tunisian authorities to enter certain desert areas
bordering Algeria and the southern military zones and must travel with licensed guides and/or
military escorts. Such trips should be undertaken with a reputable tour company. On 22
February 2008, two Austrian tourists were kidnapped in the south of Tunisia, close to the
border with Algeria. The tourists were released in October 2008.
It is reported that incidents of pick pocketing and bag snatching and petty theft are on the
increase and you are advised to ensure that bags are kept close to your person at all times.
48
The Rough Guide to Tunisia, by Daniel Jacobs and Peter Morris 2001.
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Where possible, avoid carrying all your important documents, money etc in the same bag.
Take precautions to protect yourself and your belongings - as you would do in the UK. You
should remain vigilant and alert to potential confidence tricks.”
Criminal Penalties
The possession, use and trafficking of controlled drugs are all serious criminal offences in
Tunisia. The possession of even a small amount of ‘soft’ drugs could result in imprisonment.
If you have any concerns about taking medication with you to Tunisia, contact the Tunisian
embassy in your country for further information. The British Foreign and Commonwealth
Office states the following:
“Additionally in the case of prescription medication, we recommend that you carry a note
from your GP confirming that the medication has been prescribed for an existing condition.
Be aware that it is not permitted to remove antiquities from Tunisia without first obtaining
permission from Customs authorities. Failure to do so could result in lengthy delays on
departure, fines and/or imprisonment.
Homosexuality is a criminal offence in Tunisia and sexual relations outside of marriage are
also punishable by law.
Avoid taking any photographs near sensitive political or military sites.” 49
Local Customs
Etiquette and Customs
Meeting Etiquette
Tunisians are friendly during meetings and often take time discussing their families,
friends, and other general topics.
When meeting with members of the same sex, handshakes are the customary greeting.
In any greeting between men and women, the woman must extend her hand first. If
she does not, a man should simply bow his head in acknowledgment.
At parties or other social gatherings your hosts will introduce you, usually starting
with the women and then moving on to the men in a rough approximation of age
order, oldest to youngest as a mark of respect.
Ensure that you greet and say goodbye to each person individually.
Gift Giving Etiquette
49
If you are invited to a Tunisian’s home, it is customary to bring a generous gift of
pastries, nuts, fruit, cake, candy, or flowers to the hostess.
http://www.fco.gov.uk/en/travel-and-living-abroad/travel-advice-by-country/middle-east-north-africa/tunisia
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Do not bring alcohol unless you know that your host drinks.
Gifts are not opened when received.
Dining Etiquette
If you are invited to a Tunisian’s home:
You may be asked to remove your shoes.
Ensure that you dress well as this demonstrates respect towards your hosts.
If you are visiting with your spouse, check to see if your spouse is included in the
invitation. Conservative Tunisians may not entertain mixed-sex groups.
Compliments regarding the house will be well received.
Table manners
Food used to be traditionally served at a knee-high round table, and this may still be
the practice in some restaurants and homes.
Any guest of honour will be invited to sit next to the host.
A washing basin may be brought to the table before the meal is served. If this occurs,
hold your hands over the basin while water is poured over them. Dry your hands on
the towel provided.
You may find that the men will eat before the women.
Do not begin eating until the host blesses the food or begins to eat.
Food may be served from a communal bowl. If this occurs, ensure that you eat from
the section of the bowl that is in front of you. Do not reach across the bowl to get
something from the opposite side.
Spoons are often used to eat meals such as couscous. You may also eat certain foods
by hand. If using your hands scoop the food with the first two fingers of the right
hand. Eat only with the right hand.
It is considered good manners to try a bit of everything. Expect to be urged to take
more food from the communal plate.
At the end of the meal, a washing basin may again be brought around the table.
Business Customs
Relationships & Communication
Tunisians prefer to do business with those they know and respect, therefore they spend
time cultivating a personal relationship before beginning to conduct business.
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Like all Arab countries, Tunisians pride themselves on being gracious hosts.
Business is often discussed in cafes and restaurants.
Dressing well is important in order to give a good impression.
Tunisians are impressed by credentials, therefore it is useful to casually mention a
degree from a prestigious university or any special recognition you have received.
Business Meeting Etiquette
Appointments are necessary and should be made as far in advance as possible and
confirmed a day or two before the meeting.
It is best to avoid meetings during Ramadan as workdays are shorter and Muslims will
not be able to eat or drink during the day.
Lunch is usually from 12:30 to 2:30pm on Monday to Friday. Businesses may also
close at prayer times.
You may experience frequent interruptions during meetings as Tunisians generally
have an open-door policy.
French is often used in business. If you are not fluent, you may need to hire an
interpreter.
Business Negotiations
The social side of business is very important so it is important to develop a good
personal relationships to maintain long-term business.
Companies are hierarchical. The highest-ranking person will often make decisions
after obtaining group consensus. Decisions are reached slowly and after great
deliberation. This slower pace should be respected as any attempts to rush it would be
considered insulting, therefore do not rush it or display any impatience.
Never criticize publicly. It is important to always show respect to your Tunisian
colleagues.
Tunisians are non- confrontational. They may agree in meetings rather than cause
you to lose face. They do not like to say ‘no’ overtly.
Deadlines are seen as fluid rather than cast in stone.
Dress Etiquette
Business dress is formal and conservative.
At a first introduction, men should wear dark coloured, conservative business suits.
Women should wear business suits or smart dresses.
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In the heat of the summer, it is often possible to dispense with the suit jacket, although
it is best to err on the side of formality.
Women must be careful to dress modestly. Skirts and dresses should cover the knee
and sleeves should cover most of the arm.
Business Cards
Business cards should be bi-lingual: Arabic and French. Alternatively, you may have
two cards: English/Arabic and English/French.
Present your card so the French side faces the recipient.
Give your business card to the highest-ranking Tunisian first.
(Source: http://www.kwintessential.co.uk/resources/global-etiquette/tunisia-countryprofile.html)
Miscellaneous / Other
Embassy Contact Details
British Embassy 50
Address:
British Embassy
Rue du Lac Windermere
Les Berges du Lac
Tunis 1053
Phone:
(216) 71 108 700
Fax:
(216) 71 108 749 Management
(216) 71 108 779 Consular
(216) 71 108 749 Commercial
Office hours:
0800-1630 (local time) Monday-Thursday
0800-1300 (local time) Friday
Consular section: 0800-1200 (local time)
Monday-Friday
US Embassy 51
Embassy of the United States of America
Les Berges du Lac
1053 Tunis
Phone: (216) 71 107 000
Fax: (216) 71 963 263
50
51
http://ukintunisia.fco.gov.uk/en/about-us/our-embassy/contact-us1
http://tunisia.usembassy.gov/contact-us.html
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STATE
Recent developments and elections
Following President Ben Ali’s resignation from presidency on 14 January 2011, questions
have been raised in relation to Tunisia’s political transition. The first interim government
resigned a day after it was established and the second interim government was dissolved on
27 February 2011, with the resignation of Mohamed Ghannouchi as Prime Minister. 52
In response to this political context, a series of measures have been introduced in order to
stabilise the political situation and meet the demands of the newly formed National Council
for the Protection of the Revolution. A third interim government was established on 7 March
2011, which suspended the Constitution and convened a ‘Higher Authority’ on 18 March
2011. 53
Transitional Authority & the National Constituent Assembly
The established Higher Authority is ‘responsible for realising the objectives of the revolution,
of political reform and of democratic transition’. 54 This body has a wide-ranging mandate
and will examine legislation, political organisation and will ultimately propose reforms.
More imminently, it will set-up the framework required for the election of a national
constituent assembly on 24 July 2011. 55 This will necessitate examining the electoral list,
electoral administration, complaints and appeals and the electoral system to be used in order
to elect this assembly. This body recommended that no senior members of Ben Ali’s party,
the Constitutional Democratic Rally, should stand in the July elections. This has since
become official policy. 56
The national constituent assembly will address issues in relation to the Constitution and
electoral code. In particular, there is debate surrounding the balance between presidential and
legislative powers, parity between men and women as candidates and the ability of political
parties to take religion as the foundation of its principles. More generally, decisions made by
this assembly could significantly change Tunisia’s system of government.
Interim government
Tunisia’s third interim government, formed on 7 March 2011, is headed by Béji CaïdEssebsi, the Prime Minister. Mr El Sebsi has stated that this is an interim government which
has been formed to oversee the transition and the formation of the national constituent
assembly.
The following section should be read within the context of these developments and the fact
that Tunisia’s governmental system is likely to undergo significant changes in the coming
months.
52
http://www.europeanvoice.com/article/2011/february/eu-welcomes-tunisian-election-plans/70384.aspx
http://uk.reuters.com/article/2011/03/07/uk-tunisia-government-idUKTRE72629D20110307 and www.democracyreporting.org/files/dri_briefing_paper_10_-_english_summary.pdf
54
Decree No.2011-06 of 18 February 2011
55
http://www.economist.com/node/18491692?story_id=18491692
56
http://af.reuters.com/article/tunisiaNews/idAFLDE73P19Y20110426
53
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Governmental System
The Republic of Tunisia is a democratic constitutional republic. Tunisia does have a multiparty system, although Ben Ali’s party, the Constitutional Democratic Rally, dominated until
January 2011. Power in Tunisia is separated into three branches: executive, legislative and
judicial. These powers emanate from Tunisia’s codified Constitution. 57
Executive Power
Executive power is exercised by the President of the Republic assisted by a Government
headed by a Prime Minister. Presidents are elected for a period of five years by obtaining a
majority through free and universal elections. The President is the Head of State,
Commander-in-Chief of the Armed Force and directs general foreign and national policy.
In exercising his power, the President also appoints a Prime Minister who in turn proposes
other members of the Government. The President presides over the Government and has the
ability to dismiss it (or any individual members) upon his own initiative. It is the
Government’s role to put into effect general national policy as determined by the President.
There is currently debate surrounding the powers of the President afforded by the
Constitution and Tunisia may adopt a system which gives a greater degree of power to the
legislature and Prime Minister. The interim President does not have the same rights as an
elected President. For instance, the interim President cannot dissolve the Chamber of
Deputies, call a referendum, dismiss the government or assume emergency powers. The
national constituent assembly will, amongst other things, seek to address presidential rights
and powers.
Legislative Power
Legislative power in Tunisia is bicameral (the practice of having two legislative or
parliamentary bodies), exercised through the Chamber of Deputies, the Chamber of Advisors
(also known as Councillors) and by means of referendum. 58
Members of the Chamber of Deputies (Majlis al-Nuwab) are elected for a period of five years
by citizens who are at least twenty years old and have held Tunisian nationality for a
minimum of five years. There are 214 seats in the Chamber of Deputies of which 161 are
taken by the party who wins the most votes and the remaining 53 are distributed to the other
parties on a proportional basis.
The Chamber of Advisors (Majlis al-Mustasharin) was created in 2002 by a referendum.
There are 126 seats of which 85 members are elected by municipal officials and professional
associations. The President appoints the remaining 41 members. Members are elected for six
year terms by an electoral college consisting of municipal councillors and members of
regional councils. 59
The Chamber of Deputies has the power to initiate legislation (as does the President) and the
Chamber of Advisors examines it. If the Chamber of Advisors adopts a bill without any
57
http://confinder.richmond.edu/admin/docs/Tunisiaconstitution.pdf (a copy of the Constitution in English)
http://www.state.gov/r/pa/ei/bgn/5439.htm
59
http://electionguide.org/country.php?ID=217
58
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amendments, it is passed onto the President for enactment. In the event that the Chamber of
Advisors adopts legislation with amendments, it is passed onto the President for enactment
and the Chamber of Deputies is informed.
In addition to the two chambers described above, the Constitutional Council examines bills
submitted to it by the President to ensure they conform with the Constitution. It is mandatory
for certain bills to be presented to the Constitutional Council. Any opinion which the
Constitutional Council gives must be substantiated. This opinion is presented to the Chamber
of Advisors and Chamber of Deputies alongside the bill. The Constitutional Council is
composed of nine members. Four are appointed by the President, two by the President of the
Chamber of Deputies and the remaining three appointed by virtue of holding particular
offices (Presidents of the Court of Cassation, Administrative Court and Audit Office). The
Constitutional Council has also held an important role during elections, although the Higher
Authority and national constituent assembly have yet to address their position vis-à-vis the
upcoming elections.
Local Authority
Tunisia has three basic levels of local administration. The primary level consists of 24
Governorates (Wilayat, the administrative division of the country). 60 These Governorates are
generally named after their principal town. Each of these 24 Governorates is in turn divided
into Delegations (Mutamadiyah), the secondary level of local administration. In total there
are 264 Delegations. Delegations are in turn subdivided into a tertiary level of local
administration, Sectors (Imada) and Municipalities (shaykhats). In addition to these basic
divisions, rural councils feature in some Delegations.
According to Chapter VIII, Article 71 of the Constitution, local authorities consist of
municipal councils and regional councils and they are charged with managing local affairs
pursuant to the law.
LEGAL
THE INFORMATION IN THIS SECTION HAS BEEN OBTAINED FROM PUBLICLY
AVAILABLE SOURCES AND HAS NOT BEEN PREPARED OR REVIEWED BY
TUNISIAN QUALIFIED LAWYERS.
SUCH INFORMATION HAS NOT BEEN
VERIFIED BY LWOB OR BY THE AUTHORS OF THIS GUIDE AND SHOULD NOT
BE RELIED UPON WITHOUT INDEPENDENT VERIFICATION.
Constitution
The current Constitution of Tunisia was promulgated on 1 June 1959, and has been
suspended since 3 March 2011. There is currently debate concerning a number of its articles.
As previously stated in this guide, it is likely that a national constituent assembly will be
60
https://www.cia.gov/library/publications/the-world-factbook/geos/ts.html
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elected and one of the areas it will examine is the Constitution. 61 The description below
relates to the current, albeit suspended, Constitution. 62
Chapter I of the Constitution concerns general provisions and, amongst other things, declares
that: Tunisia is a republic and sovereign state; its religion is Islam; it is part of the Great Arab
Maghreb (the western region of North Africa, comprising Morocco, Algeria, Tunisia, Libya
and Mauritania); fundamental freedoms and human rights shall be guaranteed; all citizens are
equal before the law; the right to organise in trade unions is guaranteed; political parties may
not adopt or proclaim religion, race, sex or region as the foundation for its principles; citizens
have the right to move freely in the country; police custody shall be subject to judicial
control; the right of ownership is guaranteed; citizens have a duty to protect the country and
safeguard its independence and sovereignty.
Chapters II and III concern legislative and executive power respectively. Chapters IV and V
relate to judicial power and the High Court (please see below). Chapters VI and VII
constitute a State Council (composed of an Administrative Court and Audit Office) and
Economic and Social Council (an advisory body). Chapter VIII concerns local authorities
and Chapter IX details the duties of the Constitutional Council.
The last part, Chapter X, sets out the procedure in relation to amendments to the Constitution.
The President or the Chamber of Deputies (provided it is supported by no less than one third
of the members) may seek to amend the Constitution.
Legal System
The Tunisian legal system is based upon the French civil law system and Islamic law. 63
French civil law has been influential since 1883 when Tunisia became a French Protectorate.
Islamic law has been an integral feature of Tunisia’s legal system both prior to and after the
French Protectorate. More specifically, the Hanafi and Maliki schools of Islamic law have
proved important particularly in relation to family and inheritance law. The characteristics
and significance of Islamic law with respect to family law is dealt with in greater detail
below.
Tunisia has had a single unified judicial structure since obtaining independence from France
in 1956. As part of this process, Shari’a courts were abolished. 64 There are four levels to
Tunisia’s unified judiciary: District Courts, Courts of First Instance, Appeal Courts and the
Court of Cassation (Supreme Court). Tunisia’s judicial structure and the jurisdiction of each
court is dealt with in greater detail below.
The primary sources of Tunisian law are: the Constitution, the Electoral Code, organic laws
(which are defined in the Constitution as laws relating to specific constitutional articles 65 )
and ordinary laws. Ordinary laws relate to the full spectrum of areas upon which the
legislature acts.
61
http://www.ft.com/cms/s/0/36fb0cfa-4671-11e0-aebf-00144feab49a.html#axzz1KigpS9Bv
http://www.democracy-reporting.org/files/briefing_paper_8__tunisia_preliminary_analysis_of_constitutional_provisions.pdf (this sources provides a more detailed analysis of the
Constitution)
63
http://www.jurisitetunisie.com/index.html (a French language internet source for Tunisian legislation)
64
http://www.nyulawglobal.org/Globalex/Tunisia.htm
65
Articles 4, 8 – 10, 66 – 71 and 75
62
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It is likely that the national constituent assembly will examine potential amendments to the
Constitution, Electoral Code and organic laws when it is elected in July 2011.
Islamic personal law
Tunisia is one of many Muslim majority countries that have promulgated some form of
Islamic personal law. 66 However, Tunisia is also among those Muslim countries that, despite
having their legal systems strongly influenced by Shari’a, now cede ultimate authority to their
constitutions and the rule of law. The law in Tunisia is therefore largely created by
politicians and jurists, rather than religious scholars. Tunisia has modernised its laws and
now has a legal system with significant differences when compared to classical Shari’a. 67
Generally, Shari’a (Islamic law), also known as Muslim personal law or Muslim family law,
was formulated to deal with questions of Islamic law relating to marriage, divorce, polygamy,
custody of children, maintenance and marital property, as well as such other personal matters
as sexuality, hygiene, diet, prayer and fasting. 68
In Tunisia, the Code of Personal Status (Code du Statut Personnel, CSP), 69 passed soon after
Tunisia’s independence in 1956, was inspired by unofficial draft codes of Maliki and Hanafi
family law. The CSP was extended to apply to all Tunisian citizens in 1957 and it covers
such aspects as minimum marriage age, marriage registration, polygamy, managing family
affairs, divorce, child custody, and succession. 70
African customary law
African customary law consists of customs of traditional communities and mainly deals with
matters like protection of folklore. 71 Tunisia and Ethiopia were the first two African
countries to adopt radical legislative measures to abolish selected aspects of customary law.
However, regardless of the approach adopted, in no African country is customary law totally
disregarded. 72
Judicial Structure
Since 1956, when Shari’a courts were abolished in Tunisia, the country has had a single
unified judiciary structure. 73 Magistrates are nominated by the decree of the President of the
Republic upon the recommendation of the Superior Judicial Council. 74
The Superior Judicial Council serves as the administrative authority of the judiciary. The
Council is presided over by the President of the Republic and is composed of senior jurors.
The current judicial system has civil, criminal, and administrative departments. 75
66
http://en.wikipedia.org/wiki/Sharia.
Id.
68
Id.
69
Full text of the Law of Personal Status can be found at http://www.jurisitetunisie.com/.
70
http://www.law.emory.edu/ifl/legal/tunisia.htm.
71
http://unesdoc.unesco.org/images/0012/001277/127784e.pdf.
72
Id.
73
http://en.jurispedia.org/index.php/Constitutional_law_(tn).
74
Article 66 of the Constitution of Tunisia 1959:
http://confinder.richmond.edu/admin/docs/Tunisiaconstitution.pdf.
67
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Civil jurisdictions
The District Courts
At the base of the Tunisian judicial structure are the 51 District Courts, in which a single
judge hears each case. The jurisdiction of the District Courts extends to civil cases of lesser
value, as well as cases related to issues of labour and nationality, civil affairs, personal estate
actions, actions in recovery and injunctions to pay. 76
The Courts of First Instance
The Courts of First Instance serve as the appellate courts for the District Courts and they are
located in each of the regions of Tunisia. Each court is composed of a three-judge panel.
The Courts of First Instance are empowered to hear all commercial and civil cases,
irrespective of the monetary value of the claim. 77
The Appeal Courts
The Appeal Courts serve as the appellate courts for decisions made in the Courts of First
Instance. The three Appeal Courts are located in Tunis, Sousee and Sfax. Cases that were
originally heard in the District Courts and appealed to the Courts of First Instance may be
further appealed to the Supreme Court. 78
The Supreme Court (Court of Cassation)
The Supreme Court, or the Court of Cassation, is located in Tunis and serves as the final
court of appeal. The Court has one criminal and three civil divisions.79
Penal jurisdictions
The organisation of the criminal court system is similar to that of the civil court system. The
District Courts have jurisdiction to hear all misdemeanour (summary) cases. The Courts of
First Instance hear all other criminal cases except felonies (indictable offences). A grand jury
hear at first instance felony crimes. Once a judge issues an indictment based on the grand
jury proceedings, the case is submitted to the criminal court division of the Appeals Court.
The criminal division of the Supreme Court serves as the final appellate court for criminal
matters. 80
The High Court
75
http://en.jurispedia.org/index.php/Constitutional_law_(tn).
Id.
77
Id.
78
Id.
79
Id.
80
Id.
76
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The High Court meets in the case of allegations of high treason committed by a member of
the Government. 81
Corruption
The Constitution of Tunisia clearly states that the judicial authority is independent, and that
judges are subject to the authority of the law. 82 However, in 2010 Tunisia ranked only 59th
in the Transparency International’s Corruption Perceptions Index of 178 countries. 83 The
Corruption Perception Index measures perceived levels of corruption in the public sector in a
given country, using input from expert and business surveys. Tunisia’s score was 4.3 on a
scale from 10 (very clean) to 0 (highly corrupt).
The protests that started in December 2010, among other things, reflected frustration of the
Tunisian people with alleged high-level corruption and a lack of political freedom. 84
In addition, recently the media and the people of Tunisia (including lawyers and judges
themselves) have accused the Parliament of placing excessive pressure on the judiciary.
According to the Tunisian media, the judicial system had suffered under President Zine el
Abidine Ben Ali’s authoritarian regime over the past 23 years with the Ministry of Justice
having a tight grip on the judiciary. 85 Under Ben Ali’s rule, courts were often used to
facilitate corruption and smother dissent. 86 The new interim government has now confirmed
that ministers have agreed to start working on completing the formation of independent
panels to investigate embezzlement and corruption, and to bring about political reform in the
country. 87
Criminal Justice and Law Enforcement
Evidentiary rules
The Criminal Procedure Code and the Civil and Commercial Procedure Code are the
statutory codes that govern evidentiary rules in all judicial proceedings in or before any court.
Both Codes are available at: http://www.jurisitetunisie.com/.
Rights afforded to defendants
81
Article 68 of the Constitution of Tunisia 1959:
http://confinder.richmond.edu/admin/docs/Tunisiaconstitution.pdf.
82
Article 65 of the Constitution of Tunisia 1959:
http://confinder.richmond.edu/admin/docs/Tunisiaconstitution.pdf.
83
http://www.transparency.org/policy_research/surveys_indices/cpi/2010/results.
84
Article “Tunisia dismisses official, announces corruption probe as riots reach capital” published on 13 January
2011: http://www.washingtonpost.com/wp-dyn/content/article/2011/01/12/AR2011011204793.html.
85
Article “Tunisian judges call for free judiciary” published on 27 March 2011:
http://www.presstv.ir/detail/171846.html; also see article “Tunisian judiciary seeks fresh start” published on 09
February 2011:
http://www.magharebia.com/cocoon/awi/xhtml1/en_GB/features/awi/features/2011/02/09/feature-02.
86
Article “Tunisia’s courts emerge slowly from shadow of Ben Ali” published on 11 April 2011:
http://www.ictj.org/en/news/coverage/article/4559.html.
87
Article “Tunisia’s new government moves to tackle corruption and security” published on 21 January 2011:
http://www.businessweek.com/news/2011-01-21/tunisia-s-new-government-moves-to-tackle-corruptionsecurity.html.
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The Tunisian Constitution and the Tunisian Criminal Procedure Code guarantee a number of
rights to defendants, as summarised below:
Rights offered to Defendants
Reference to the
Constitution Article
All citizens have the same rights and obligations and are equal Article 6
before the law
Presumption of innocence until proven guilty
Article 12
Any accused must be proven guilty through a procedure that Article 12
offers him the guarantees that are indispensable for his
defence
Police custody shall be subject to judicial control and any Article 12
detention shall be exercised only following judicial instruction
Arbitrary police custody or preventative detention is Article 12
forbidden
Sentences must be personal and pronounced by virtue of a law Article 13
issued prior to the punishable act
Laws shall not be applied retrospectively, unless in cases of a Article 13
more favourable law
Any suspect or accused shall be treated humanely and their Article 13
dignity shall be respected in compliance with the law
The Criminal Procedure Code sets out further procedural rules: 88
Article 13a states that the arresting officer must inform the suspect of charges brought before
him in a language that he understands. The officer must also notify the suspect of the time
and location of his trial and of his right to receive a medical examination before and after his
detention, if needed. In addition, the arresting officer must notify the detainee’s relatives of
his whereabouts and of the charges brought against him. 89
Article 13a also stipulates that a record of all proceedings must be prepared by the arresting
officer and must contain the following information:
confirmation that the suspect was notified of the charges brought before him;
confirmation that the suspect was notified of his rights;
88
Full text of the Criminal Procedure Code can be found here (translated using Google Translate):
http://translate.googleusercontent.com/translate_c?hl=en&sl=fr&u=http://www.ejustice.tn/fileadmin/fichiers_site_francais/codes_juridiques/Code_procedure_penale_fr.pdf&prev=/search%3Fq
%3Dhttp://www.ejustice.tn/index.php%253Fid%253D58%26hl%3Den%26prmd%3Divnsb&rurl=translate.google.co.uk&usg=AL
kJrhh1OARzDdUfIGIyW_d-Brpicvi0iw.
89
Article 13a of the Criminal Procedure Code.
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notification or non-notification given to the suspect’s relatives of the fact that the
suspect was taken into custody;
the date and time of commencement of detention and its purpose; and
the date and time of commencement of a medical examination (if any) and its
purpose.
The Criminal Procedure Code also provides that a suspect may not be held in custody for
more than three days. If the prosecutor has significant evidence that the suspect must be
detained for a longer period of time, he may extend the detention to six days. 90
Article 84 of the Criminal Procedure Code states that preventative detention is an exceptional
measure. However, Article 85 suggests that those accused of egregious crimes may be
subjected to preventative detention in order to ensure maximum security. This detention may
not exceed six months.
Article 69 of the Criminal Procedure Code states that in the event that the defendant requests
that the court appoint him a counsel, the court must oblige. If the accused refuses to choose
an attorney, or if the attorney does not appear, the judge can merely proceed with the case.
The Tunisian Penal Code also provides a thorough definition of torture and the subsequent
consequences for its use. Notably, Tunisia has ratified the Convention on the Elimination of
all Forms of Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment
(CAT) and the International Covenant on Civil and Political Rights (ICCPR). 91 More
information on torture is contained in the Human Rights section of this guide.
Prisons
Tunisia’s prison system is operated under the direction of the Ministry of Justice. Currently,
Tunisia has 29 prison institutions and 7 juvenile facilities. 92 As of 31 March 2011, the total
prison population of Tunisia was 31,000, with every 297 per 100,000 people in prison.
Approximately 22.7% of the Tunisian prison population is comprised of pre-trial detainees. 93
The U.S. Department of State has stated in its 2010 Human Rights Report on Tunisia that
prison conditions generally do not meet international standards. 94 Overcrowding and limited
medical care cause significant threats to prisoners’ health. Hygiene has been reported as
extremely poor, and prisoners rarely have access to showers and washing facilities. Sources
reported that 40 to 50 prisoners were typically confined to a single 194-square-foot cell, and
as many as 140 prisoners shared a 323-square-foot cell. Most prisoners were forced to share
beds or sleep on the floor. 95
It has been reported that most political prisoners are normally separated from the general
prison population and are under the authority of security forces working for the Department
90
http://defensewiki.ibj.org/index.php/Tunisia.
http://www.carnegieendowment.org/publications/index.cfm?fa=view&id=16918.
92
http://defensewiki.ibj.org/index.php/Tunisia.
93
Id.
94
http://www.state.gov/g/drl/rls/hrrpt/2010/nea/154474.htm.
95
Id.
91
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of State Security in the Ministry of Interior instead of Ministry of Justice and Human Rights
officials. According to prisoners’ testimony, prison conditions for women are generally
better than those for men. Furthermore, the Tunisian law requires that pre-trial detainees be
held separately from convicted prisoners, but in practice this is not always the case. 96 More
information on human rights violations in prisons is contained in the Human Rights section of
this guide.
Contact details
The contact details identified in relation to Tunisia’s prisons are as follows:
Ministry of Justice
31 Boulevard Bab Benat
1006 La Kasbah
Tunis, Tunisia
Tel: +216 71 561 440
Email: mju@ministeres.tn
Website: http://www.e-justice.tn
HUMAN RIGHTS
General Information: A Turbulent Time
As stated earlier in this guide, Tunisia is currently undergoing a period of turbulent political
change. President Ben Ali, who was in the midst of his fifth consecutive five year term in
power, fled the country on 14 January 2011 following a period of sustained political and
social unrest. Given the inherent instability in Tunisia today, this report will focus on
Tunisia’s recent human rights record under the Ben Ali government and will not attempt to
speculate as to the nature of intent of the current interim government.
It is safe to say that the Ben Ali government’s human rights record was a chequered one. The
US Department of State’s annual country report on human rights 97 disclosed numerous
human rights violations during the last 12 months of Ben Ali’s reign, including arbitrary
killings, arbitrary arrests, the torture and abuse of prisoners and restrictions on freedom of
speech. Amnesty International reported that freedom of expression, assembly and association
remained severely restricted. 98
There were also reports of restrictions on the right of the citizens to change their government.
Elections were held during 2009 but irregularities, such as a lack of media access to the
opposition parties and intimidation of voters by the government, called the results into
question. The ruling Democratic Constitutional Rally party in Tunisia had been in power
96
Id.
United States Department of State, 2010 Country Reports on Human Rights Practices - Tunisia, 8 April
2011, available at: http://www.unhcr.org/refworld/docid/4da56d7caf.html
98
Amnesty International, Amnesty International Report 2010 - Tunisia, 28 May 2010, available at:
http://www.unhcr.org/refworld/docid/4c03a7f7c.html
97
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consecutively since 1956 and had come to dominate government at a local, regional and
national level prior to the revolution at the start of 2011. 99
There were many instances of violent and heavy handed attacks on protesters during the
death throes of the Ben Ali regime, with Amnesty International reporting that “it is clear that
[the Government forces] went far beyond what is permissible under relevant international law
and standards. They used excessive force, including lethal fire, in circumstances where this
was unjustifiable and represented a violation of human rights law and standards.” 100
Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment
The law in Tunisia prohibits the use of torture, however, the US Department of State reports
that security forces tortured detainees to elicit confessions and discourage resistance and
engaged in beatings and other cruel treatments and punishments.
Amongst the reported instances of torture were sexual abuse, electric shock, sleep
deprivation, beatings, suspension from doors and rods, cigarette burns and water boarding.
Charges of torture were rarely investigated under the Ben Ali regime. The government
maintained that it followed through on alleged instances of torture but according to local and
international human rights groups, police routinely refused to register complaints. 101
It was also widely reported that Judges were willing to accept as evidence confessions
elicited through the use of such practices.
The US Department of State found that the most frequent use of torture would take place
during the initial phases of interrogation and investigation following admission to a pre-trial
detention centre.
Denial of Fair Public Trial
Tunisian law provides generally for the right to a fair trial and for the independence of the
judiciary, however, it is reported 102 that the President and the government would strongly
influence judicial proceedings, particularly in the case of political dissidents.
The government often exercised its power to appoint, assign and transfer the judiciary, which
rendered the system vulnerable to pressure by politicians. A defendant could request a new
Judge if they felt that the one appointed was not impartial, however, there was no
requirement for the Judge to recuse himself.
President Ben Ali, meanwhile, headed the Supreme Council of Judges, which led to criticism
regarding the apparent lack of judicial independence and impartiality.
99
Human Rights Watch, World Report 2011 - Tunisia, 24 January 2011, available at:
http://www.unhcr.org/refworld/docid/4d3e80261a.html
100
Amnesty International, Tunisia in Revolt: State Violence during Anti Government Protests, 1 March
2011, MDE 30/011/2011, available at: http://www.unhcr.org/refworld/docid/4d6cd20f2.html
101
United States Department of State, 2010 Country Reports on Human Rights Practices - Tunisia, 8 April
2011, available at: http://www.unhcr.org/refworld/docid/4da56d7caf.html
102
United States Department of State, 2010 Country Reports on Human Rights Practices - Tunisia, 8 April
2011, available at: http://www.unhcr.org/refworld/docid/4da56d7caf.html
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It was further reported, in practice, that where political defendants were involved, the
defendant was often presumed guilty until proven otherwise. Lawyers and human rights
groups revealed that courts routinely failed to investigate allegations of torture and
mistreatment and accepted as evidence confessions extracted through torture. 103
Freedom of Expression
Amnesty International criticised the Ben Ali government for their lack of respect for the
freedom of expression of Tunisian citizens. In particular, they asserted that people who
criticised the government for human rights violations would face harassment and physical
assault by state security officers. 104
Several specific violations were reported by Amnesty International in 2009/2010, including
the shutting down of an independent radio station, the ousting of the executive board of the
National Syndicate of Tunisian Journalists after they criticised the lack of press freedom in
the country and the beating of a political dissident by plain clothed police officers after he
had criticised the elections and President Ben Ali.
More generally, it is reported by Human Rights Watch 105 that the Ben Ali regime did not
allow any critical coverage of government policies save for a few low circulation magazines
which themselves are subject to occasional confiscation. Access to certain international
websites that are critical of Tunisia were also blocked.
Groups in Need of Special Protection
Children
ECPAT UK state that there is little documented evidence of child sex tourism or trafficking
in Tunisia. 106 The government ratified the Convention on the Rights of the Child in 1992, and
also ratified the Optional Protocol on the Sexual Exploitation of Children in 2002.
The domestic law prohibits children under the ages of 16 from working. However UNICEF
estimated in 2000 that some 2.1% of children between the ages of 5 and 15 were engaged in
labour. 107
Refugees and Internally Displaced Persons (IDPs)
There are relatively few refugees or IDPs in Tunisia. As of January 2010, the UN High
Commissioner for Refugees (UNHCR) reported that there were fewer than 100 refugees in
the country, mostly from other African countries, and not a single IDP. Figures are not
available in relation to the recently publicised flood of refugees from bordering Libya, but it
is thought that many hundreds of refugees have entered the country in early 2011. Further
issues may well develop after the publishing of this guide.
103
United States Department of State, 2010 Country Reports on Human Rights Practices - Tunisia, 8 April
2011, available at: http://www.unhcr.org/refworld/docid/4da56d7caf.html
104
Amnesty International, Amnesty International Report 2010 - Tunisia, 28 May 2010, available at:
http://www.unhcr.org/refworld/docid/4c03a7f7c.html
105
Human Rights Watch, World Report 2011 - Tunisia, 24 January 2011, available at:
http://www.unhcr.org/refworld/docid/4d3e80261a.html
106
http://www.ecpat.org.uk/sites/default/files/tunisia05.pdf
107
http://www.ecpat.org.uk/sites/default/files/tunisia05.pdf
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The law in Tunisia provides for freedom of movement within the country, foreign travel,
emigration, and repatriation. In practice, the US Department of State report that the Ben Ali
government did not always respect these rights. 108 The government restricted the in-country
and foreign travel of some dissidents, Islamists, and their relatives. The law allows the
government to impose five years of “administrative control” at sentencing on certain former
prisoners that constitutes a type of internal exile, limiting their ability to travel within and
outside of the country.
The US Department of State reported that the Ben Ali government would generally cooperate with the Office of the UNHCR and other humanitarian organisations in assisting
refugees, asylum seekers, and other persons of concern.
The country’s laws provide for the granting of asylum or refugee status, but the Ben Ali
government did not establish a system for providing protection to refugees or other persons of
concern. The US Department of State explained that “[i]n practice the government did not
protect against the expulsion or return of persons to countries where their lives or freedom
would be threatened on account of their race, religion, nationality, membership in a particular
social group, or political opinion.” 109
Refugees are subject to the foreign labour policies within the national labour code prior to
qualifying for work permits. A large majority of refugees worked in the informal sector with
risk of exploitation during the last year of the Ben Ali regime, according to the US
Department of State. 110
Homosexuals
Homosexuality is illegal in Tunisia and is socially stigmatised. The Immigration and
Refugee Board of Canada report that Tunisian authorities are not tolerant towards
homosexuals and that they are sometimes brutalised by police officers who “accuse them of
being the cause of illnesses such as AIDS.” 111
Unfortunately, as the Immigration and Refugee Board of Canada note 112 , there are limited
sources as to the status or position of homosexuals within Tunisian society generally and so it
is very difficult to provide a comprehensive overview here. For further information, please
consult the Sexual Offences section of this guide.
Prison and Detention Centre Conditions
108
United States Department of State, 2010 Country Reports on Human Rights Practices - Tunisia, 8 April
2011, available at: http://www.unhcr.org/refworld/docid/4da56d7caf.html
109
United States Department of State, 2010 Country Reports on Human Rights Practices - Tunisia, 8 April
2011, available at: http://www.unhcr.org/refworld/docid/4da56d7caf.html
110
111
Immigration and Refugee Board of Canada, Tunisia: the status of homosexual men and women, including
their treatment; the laws dealing with homosexuality, protection offered by the State and the availability of
support services, 23 November 2009, TUN103274.FE, available at:
ttp://www.unhcr.org/refworld/docid/4b20f04ac.html
112
Immigration and Refugee Board of Canada, Tunisia: the status of homosexual men and women, including
their treatment; the laws dealing with homosexuality, protection offered by the State and the availability of
support services, 23 November 2009, TUN103274.FE, available at:
ttp://www.unhcr.org/refworld/docid/4b20f04ac.html
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Generally
The US Department of State found that the prison and detention centre conditions generally
did not meet international standards. Overcrowding and limited medical care posed
significant threats to prisoners’ health. It was reported that from 21 to 27 July 2010, a
prisoner went on a hunger strike in Mornaguia Prison to protest against prison conditions; he
alleged 100 prisoners were confined in the same room and three prisoners had to share a
single bed. 113
The governmental Higher Committee for Human Rights and Civil Liberties continued to
make unannounced prison visits and inspections of Ministry of Justice facilities during the
year, however, the Committee’s reports were not made public. Since the fall of the Ben Ali
regime, the interim government has announced that human rights groups will no longer be
banned from visiting the country’s prisons.
Conditions for Refugees
The Global Detention Project report that the Tunisian government have historically been
extremely secretive about the nature and extent of their refugee detention centres. 114
However, given the apparently universally poor standard of normal centre conditions, Tunisia
is reported by the Project to be unlikely to fare any better than most states.
Non-Governmental Organisations
The US Department of State reports that the Ben Ali government actively hindered
investigations of human rights abuses. 115 There are approximately 12 NGOs operating
domestically within Tunisia, however only half were authorised by the government. It should
be noted that the interim government announced in January 2011 that they would remove
restrictions on NGOs and open up information to a far greater audience. 116 This would be in
stark contrast to the Ben Ali government, who sought to monitor and control the activities of
some foreign NGOs and arbitrarily denied entry to others.
Gender Equality
Generally speaking, Tunisia does recognise equality of gender as an important right for
women in the country. Article 6 of the Constitution guarantees the equal rights of all citizens,
men and women alike. Tunisian women are entitled to receive education and Freedom House
report that the younger generation of women are as educated as their male counterparts. 117
Furthermore, women are entitled to receive equal pay for performing equal work with their
male counterparts, with the exception that some public sector employees can work part time
and have salaries reduced by two-thirds of their original full-time salary. This is seen as a
major setback for women’s rights by advocates in the country.
113
United States Department of State, 2010 Country Reports on Human Rights Practices - Tunisia, 8 April
2011, available at: http://www.unhcr.org/refworld/docid/4da56d7caf.html
114
http://www.globaldetentionproject.org/countries/africa/tunisia/introduction.html
115
United States Department of State, 2010 Country Reports on Human Rights Practices - Tunisia, 8 April
2011, available at: http://www.unhcr.org/refworld/docid/4da56d7caf.html [accessed 3 May 2011]
116
The Daily Telegraph, 18 January 2011
117
Freedom House, Women's Rights in the Middle East and North Africa 2010 - Tunisia, 3 March
2010, available at: http://www.unhcr.org/refworld/docid/4b99011cc.html [accessed 4 May 2011]
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There are some further notable exceptions to the equality of women in Tunisia (see the
Property and Succession section of this guide). In particular, the US Department of State
report that domestic abuse remains a major problem 118 (see the Sexual Offences section of
this guide).
International Treaties
Tunisia is a party to a number of international treaties protecting the human rights and
fundamental freedoms of its citizens, the most significant of which are listed below.
However, Tunisia has often been criticised for using these treaties, particularly those relating
to the suppression of terrorism, as an excuse for excessive and unwarranted restrictions on the
rights and freedoms of its citizens. 119 Of particular concern was the discrepancy between
arrests and actual convictions, particularly given the means by which some of the confessions
were alleged to have been elicited.
International Covenant on Economic, Social and Cultural Rights 120
International Covenant on Civil and Political Rights 121
International Convention on the Elimination of All Forms of Racial Discrimination 122
Convention on the Elimination of All Forms of Discrimination against Women 123
Convention on the Rights of the Child 124
Optional Protocol to the Convention on the Rights of the Child on the involvement of
children in armed conflicts 125
Convention against Discrimination in Education 126
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the
Protection of Victims of International Armed Conflicts (Protocol I)127
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the
Protection of Victims on Non-International Armed Conflicts (Protocol II) 128
International Convention for the Suppression of the Financing of Terrorism 129
118
United States Department of State, 2010 Country Reports on Human Rights Practices - Tunisia, 8 April
2011, available at: http://www.unhcr.org/refworld/docid/4da56d7caf.html [accessed 3 May 2011]
119
Human Rights Watch, World Report 2011 - Tunisia, 24 January 2011, available at:
http://www.unhcr.org/refworld/docid/4d3e80261a.html [accessed 3 May 2011]
120
http://www1.umn.edu/humanrts/instree/b2esc.htm
121
http://www1.umn.edu/humanrts/instree/b3ccpr.htm
122
http://www1.umn.edu/humanrts/instree/d1cerd.htm
123
http://www1.umn.edu/humanrts/instree/e1cedaw.htm
124
http://www1.umn.edu/humanrts/instree/k2crc.htm
125
http://www1.umn.edu/humanrts/instree/childprotarmed.html
126
http://www1.umn.edu/humanrts/instree/p1cde.html
127
http://www1.umn.edu/humanrts/instree/y5pagc.htm
128
http://www1.umn.edu/humanrts/instree/y6pagc.htm
129
http://www1.umn.edu/humanrts/instree/financingterrorism.html
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Protocol to the African Charter on Human and Peoples’
Establishment of an African Court on Human and Peoples’ Rights 130
Rights
on
the
African Charter on the Rights and Welfare of the Child 131
PROPERTY AND SUCCESSION
What statute (if any) governs intestate succession in Tunisia?
The Code of Personal Status (Code du Statut Personnel, CSP) was passed in 1956 shortly
after the proclamation of independence. This set of laws regulates the family structure, and
more specifically, marriage, divorce, custody rights and inheritance. 132
Does the CSP provide for equal rights to succession across genders?
Book 9 of the CSP sets out an obligatory inheritance in favour of single-orphaned
grandchildren (where one parent is deceased), to be passed to them by their surviving parent.
This inheritance right is limited to first generation grandchildren and to one-third of the estate
only. The concept of radd (return) is also provided by the CSP, which allows a surviving
spouse to share in the residue of their deceased partner’s estate. Any surviving daughters of
the deceased shall have priority over paternal uncles with regard to the deceased’s estate.
Therefore, in theory, Tunisian law looks relatively favourably on Tunisian women inheriting
property.
What statute (if any) governs property ownership in Tunisia?
The Tunisian Constitution, promulgated on 1 June 1959, is the only statute that deals
specifically with property ownership. However, further to the unrest that has persisted in the
country since January 2011, the Constitution has been suspended as of 3 March 2011. A
debate concerning a number of articles in the Constitution has since developed amongst the
country’s political leaders. 133 In particular, Article 14 states: “The right to property is
guaranteed. It is exercised within the limits established by the law”. 134 Article 7 then
furthers this principle by stating that a citizen’s right cannot be “limited except by a law
enacted for the protection of others, the respect of public order, the national defence, the
development of the country, and social progress”. Latifa Akhdar of the newly formed ‘High
Commission for the Realisation of Revolutionary Goals’ has captured the revolutionary
motivation in the following statement: “It is important that we formulate provisions that
respond to the spirit of the revolution and the aspirations we took upon ourselves… That way,
we will accomplish an important goal for the Tunisian people… Citizenship, democracy,
circulation of power and gender equality are all modern principles and foundations of the
revolution, which we hope the new constitution would be in harmony with.” 135
130
http://www1.umn.edu/humanrts/africa/courtprotocol2004.html
http://www1.umn.edu/humanrts/africa/afchild.htm
132
http://www.answers.com/topic/Tunisia-personal-status-code
133
http://www.magharebia.com/cocoon/awi/xhtml1/en_GB/features/awi/features/2011/04/28/feature-02
134
http://www.jurisitetunisie.com/tunisie/codes/constitution/const1005p.htm
135
http://www.magharebia.com/cocoon/awi/xhtml1/en_GB/features/awi/features/2011/04/28/feature-02
131
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Does the Constitution provide for women to have equal rights to men in regards to
acquiring, holding and dealing with property (including in respect of legal age and
rights to marital property)? 136
Article 14 of the Constitution implies that women’s right to own property is equally
guaranteed to the right of men as no distinction is stated. Indeed, since independence from
France in 1956, Tunisian women have enjoyed some of the most advanced rights for women
in the Arab world. 137 Article 6 of the Constitution states that all citizens have the same rights
and the same duties and are thus equal before the law.
Is it common for people to make wills in Tunisia? 138
Although it is generally uncommon for Tunisian nationals to make a will, it is nonetheless a
recognised practice. A will made outside of Tunisia will be valid and applicable in Tunisia
provided that it is written and signed by the testator in the presence of a notary to certify its
authenticity. In turn, the civil officer’s signature must be certified by the ministry of justice
of the state, the foreign affairs ministry, and the Tunisian Embassy of the country where the
will is made. However, after death, a will made abroad may lead to conflicts between the
beneficiaries and third parties concerning the applicable inheritance laws for the execution of
the will.
To avoid the potential conflicts, foreign nationals are advised to make a will in Tunisia,
which requires the presence of the testator in Tunisia, and the signature of the testator to be
made in the presence of two notaries or other civil officers who can certify the signature of
the testator.
Tunisian law dictates that a will may not cover more than one third of the total inheritance,
and may not benefit the beneficiaries of the reserved portion or residue. However, a will
which applies to more than one third of an estate may be executed with the consent of all the
legitimate beneficiaries.
Tunisian law prescribes that in the absence of a will, a legacy is mandatory. The grandparent
of the deceased is legally assumed to have made a legacy for the benefit of his / her
grandchild when their father / mother died prior to, or at the same time as, the grandparent.
The ratio to the father / mother of the beneficiary grandchild is up to one third of the bequest.
The mandatory legacy does not apply if the grandchild is set to legally inherit from their
grandparent, or if the grandchild has already received a legacy from the deceased, or if they
have received a gift of equal value (one third of the estate) during his or her lifetime. If this
is the case, then the obligatory legacy applies to the difference in the value of the gift, up to
the value of one third of the estate. If the grandchild has, during the deceased’s lifetime,
received more than one third of the legacy, the difference will be considered as a consensual
legacy.
Is it generally accepted in Tunisia that women should have equal right to inheriting
assets as men? If so, is this reflected in testamentary inheritance? 139
136
http://www.unhcr.org/refworld/country,,FREEHOU,,TUN,,4b99011cc,0.html
http://af.reuters.com/article/tunisiaNews/idAFLDE73G0CP20110427
138
http://www.globalpropertyguide.com/Middle-East/Tunisia/Inheritance
139
http://www.unhcr.org/refworld/country,,FREEHOU,,TUN,,4b99011cc,0.html
137
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Tunisian inheritance law is based on Shari’a law, thus the CSP tends to recognise the
supremacy of patrilineal relatives, along with increased rights for men over women. Article
143 of the CSP permits girls to receive the full inheritance of either of their parents where
there are no male heirs (according to Shari’a, in the absence of a direct male heir, a part of the
inheritance is distributed amongst other male relatives). Typically, in the presence of both a
male and female child, with equal family ties, a female child will inherit half of what a male
child will inherit (or one third to the female child and two thirds to the male child), if the
paternal relatives make a claim to the inheritance. Women inheriting from their husbands
inherit one eighth of their husband’s assets. This practice stems from the belief that women
have no responsibilities with regard to their husbands and children. Although Tunisia has
ratified the Convention on the Elimination of all forms of Discrimination Against Women
(CEDAW), it did so subject to the general declaration that only those provisions consistent
with the Tunisian Constitution would be applied. Thus, the disparity between the inheritance
rights of men and women in Tunisia is not a direct violation of CEDAW.
The 2008 film Shtar Mahaba (Half the Love), by Tunisian filmmaker Kalthoum Bornaz,
depicted this issue through the use of twin characters. When the mother of the twins dies
during child birth, the girl twin receives half of what her brother receives, because, her father
tells her, the Qur’an and the law dictate it to be so.
Are there customary laws that impact on (i) inheritance rights and how people view the
rights of women and children with regards to inheriting assets; and/or (ii) the ability of
women to acquire, hold and deal with property in their own name?
While Tunisian law and Islam collectively recognise women’s right to property ownership, in
reality, this right is rarely exercised by Tunisian women. The secular customs which prevail
in the country seek to transfer land and real estate ownership from father to son in a
patrilineal manner. The 2004 African Gender and Development Index findings from 12
African countries, of which Tunisia was one, found that women’s access to land was less than
half of that enjoyed by men.
Until recently, women could only own land when it was inherited, and even in those cases,
rural women frequently renounced their right to inherit, in order to honour the tradition that
land was emblematic of familial honour and could not, under any circumstance, be
transferred to another family. Therefore, in practice, women would only inherit if they
married a paternal cousin, thereby allowing property to be retained within the patrilineal
family group.
At present, land (whether rented or owned) is seldom registered in a woman’s name.
Similarly, the majority of single people state that their property (whether rented or owned) is
registered in their father’s name as opposed to their mother’s name. Upon marriage, a home
is usually registered under the husband’s name; rarely is the property registered in the wife’s
name or jointly as a couple. However, since the passing of Law No. 94 on 9 November 1998,
the CSP was amended to enable married couples to have a communal estate comprised only
of property acquired after marriage, except goods transferred specifically “to one of the two
spouses by inheritance, gift or legacy”.140 Therefor, a small minority of couples now agree to
divide all property that is acquired through marriage equally.
140
Law No. 94 of 1998 relating to the regime of community of goods between spouses
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DM_EU 3267001-1.099741.0025
Tunisian law prohibits a non-Muslim wife from inheriting from her Muslim husband. By
virtue of Shari’a inheritance law, nothing can be bequeathed between a non-Muslim wife and
her Muslim husband. Children born into such a marriage are deemed to be Muslim and are
not permitted to inherit from their mother. However, in February 2009, the Supreme Court of
Appeal issued a judgment that a non-Muslim woman had the right to inherit from her
husband under Article 5 of the Constitution, which guarantees freedom of conscience and
beliefs. It is unclear what impact, if any, this ruling will have on the existing law and
practice. 141
Are there are Islamic or other religious traditions/laws that impact on (i) inheritance
rights and how people view the rights of women and children with regards to inheriting
assets; and/or (ii) the ability of women to acquire, hold and deal with property in their
own name?
Women’s organisations have frequently challenged the inequality in the inheritance rights of
men and women. The Association des Femmes Tunisiennes pour la Recherche et le
Développement (The Organisation of Tunisian Women for Research and Development)
sponsored a research paper on the question of inheritance. The work of the woman’s
organisation has been described by two law professors, themselves fighting for women’s
equality for succession as “a plea for the establishment of egalitarian inheritance rights to put
an end to the discrimination women still face”.
It has been suggested that the discrimination women face with regards to inheritance laws can
be circumvented, either by (i) the equal sharing of estates; or (ii) whilst they are still living,
parents gift property to their daughters, or husbands gift property to their non-Muslim wives.
In recent years, these circumvention techniques have been made easier following: the
granting of tax exemptions; lowering the registration fee of gifts and succession to 5 percent
between siblings; and lowering the registration fee to 2.5 percent for exchanges made
between spouses, ascendants, and descendants.
Due to the recent protests in Tunisia and uncertainty surrounding the political transition,
property and succession rights may be subject to change. Some groups wish to adopt Islamic
law fully into the country. If Islamic law is fully implemented into the Tunisian legal system,
then it has been suggested that the resurgence may mean that women may lose the civil
liberties they currently enjoy.
To the extent that there are any practices (whether customary, religious or otherwise)
which are detrimental to (i) inheritance rights of women and children; and/or (ii) the
ability of women to acquire, hold and deal with property in their own name, how are
these treated at law? For example, are actions such as property grabbing / forced
evictions criminalized?
Other than those customs and practices set out above, there are no other known practices, be
they customary, religious or otherwise which are detrimental to the rights of women and
children to inherit and / or acquire, hold and deal with property in their own name.
141
Case No. 31115, February 3, 2009
http://www.unhcr.org/refworld/country,,FREEHOU,,TUN,,4b99011cc,0.html
40
DM_EU 3267001-1.099741.0025
SEXUAL OFFENCES
The law relating to sexual offences in Tunisia is said to be one of the most liberal and
extensive in North Africa. The Penal Code contains a comprehensive array of sexual
offences and the Child Protection Code has been described as groundbreaking in the way in
which it prohibits sexual, economic and other forms of exploitation against children. 142
However, sex remains a taboo in Tunisia and sexual activity is only recognised within the
legal relationship of marriage and between individuals of different sexes. Victims of sexual
crimes face severe stigma and social problems and as such the reporting of crimes and
seeking assistance by victims is rare. 143 Indeed, in the period 2007-2008 there were only 144
reported cases of rape, 78 cases of offences against the decency of a minor and 4 cases of
incitement to debauchery of a minor. 144 By contrast, the UN reported that in 2004 surveys
showed that some 20 per cent to 40 per cent of women had suffered sexual assault from their
spouses and that 45% of girls had experienced various forms of violence in public places. 145
Is there a law relating to sexual offences?
The law relating to sexual offences is primarily found in the Penal Code of 1913 with the
procedure relating to the prosecution of offenders found in the Code de Procédure Pénale
1968.
Moreover, the Child Protection Code was adopted in November 1995 and introduced a
framework to protect children from many forms of mistreatment and harassment including
sexual exploitation.
Tunisia has acceded to several major UN conventions concerned with human rights including
the Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW) and the Convention on the Rights of the Child. Tunisia has also signed the Two
Optional Protocols of the Rights of the Child Convention concerning exploitation of children
in prostitution and pornographic materials.
Are there fixed sentencing requirements or guidelines for rape?
Rape is a crime under the Penal Code. Under Article 227 of the Code, rape accompanied by
violence, the use of weapons, or the threat of the former is punishable by death. All other
cases of rape are punishable by life imprisonment.
At present a rapist can marry his victim by mutual consent and criminal proceedings will be
dropped against the offender. However, it has been stated by the Tunisian delegation to the
UN Committee on Rights of Persons with Disabilities that this is currently under review and
142
United Nations Committee on the Elimination of Discrimination Against Women: Consideration of reports
submitted by States parties under article 18 Convention on the Elimination of All Forms of Discrimination
against Women. Combined fifth and sixth periodic reports of States parties.
143
Source: http://www.ecpat.org.uk/sites/default/files/tunisia05.pdf
144
United Nations Committee on the Elimination of Discrimination Against Women: Consideration of reports
submitted by States parties under article 18 Convention on the Elimination of All Forms of Discrimination
against Women. Combined fifth and sixth periodic reports of States parties.
145
United Nations Committee on the Elimination of Discrimination Against Women: Concluding Observations.
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DM_EU 3267001-1.099741.0025
it may be considered that an individual who marries her rapist will be a victim of forced
marriage. 146
Is marital rape a crime?
It was declared in 2009, in response to questions from the UN Committee on Human Rights,
that martial rape is a crime under Tunisian law. 147 Marital rape is punishable under Article
227 in the same way that rape outside of marriage is punished.
What are the sentences for major sex crimes?
The Penal Code establishes several other sexual offences, the most significant of which are
outlined below.
The Penal Code makes it illegal to cause public indecency through words and actions which
could be considered generally to infringe the decency of others. This crime is punishable by
up to six months imprisonment and a fine of 1000 dinars. 148 In addition, sexual harassment
directed at an individual is punishable by one years imprisonment and a fine of 3,000
dinars. 149 The above punishments are doubled if the victim of the harassment is a child or a
vulnerable adult who has a mental or physical disability which prevents them from resisting
the attacker.
Indecent assault is also an offence under the Tunisian Penal Code. An offender committing
indecent assault can be imprisoned for up to six years. The sentence is increased to life
imprisonment if a weapon is involved.
Prostitution is a criminal offence in Tunisia. A woman who engages in prostitution and the
individual who pays for her services is liable for imprisonment of a period of six months up
to two years and a fine ranging from 20 dinars to 200 dinars. 150 Anyone who solicits the
prostitute, allows them to live in their home or in any way assists the prostitute can be
imprisoned for a period of one to three years and be fined 100 to 500 dinars. 151
Homosexuality is classed as a criminal offence under the Tunisian penal code and both men
and women can be imprisoned for three years on conviction. Adultery is also a criminal
offence under the Tunisian penal code. Both the adulterer and their accomplice can be
imprisoned for up to five years on conviction or fined up to 500 dinars.152
Finally, although there is no documented practice of female genital mutilation in Tunisia, the
practice and forced castration is punishable by imprisonment of twenty years or life
imprisonment if death occurred as a result of the practice.
146
Source http://www.ohchr.org/RU/NewsEvents/Pages/DisplayNews.aspx?NewsID=10944&LangID=E
Immigration and Refugee Board of Canada, Tunisia: Domestic violence, legislation and protection available
to victims (2007-2009), 24 November 2009, TUN103273.FE, available at:
http://www.unhcr.org/refworld/docid/4b20f04a3c.html [accessed 26 April 2011]
148
US$735 on 26 April 2011
149
US$2205 on 26 April 2011
150
US$14 to US$147 on 26 April 2011
151
US$73 to US$367 on 26 April 2011
152
US$367 on 26 April 2011
147
42
DM_EU 3267001-1.099741.0025
What is the age, for the purposes of Sexual Offences, when a victim is considered a
child?
In 1995 the Tunisian government introduced specific provisions into the Code to deal with
sexual offences against children. Under the Tunisian Penal Code an individual is considered
to be a child up to the age of 18.
What are the respective sentences for defilement, rape or abuse of children?
The rape of a child is treated in the same way as the rape of an adult as outlined above.
In terms of indecent assault against a child an offender can be imprisoned for twelve years in
comparison to the six years imprisonment for offences against adults. Additionally, Tunisian
law imposes a punishment of six years imprisonment for sexual intercourse with a female
under the age of 15. If the female is aged between 15 and 20 years the offender can be
imprisoned for five years. The penalties for the above if convicted are doubled if multiple
people are involved in the offence or if the offender is a relative or person who has influence
over the child (a victims’ doctor or teacher).
Finally, the Penal Code makes it a crime punishable by one to three years imprisonment and a
fine of 100 to 500 dinars, 153 to incite a child into debauchery or to corrupt a minor. Likewise,
the sexual exploitation and forced prostitution of children is punishable by three to five years
imprisonment and a fine of 500 to 1000 dinars. 154 Moreover, the Child Protection Code
imposes on all individuals, including those bound by professional secrecy, a duty to report to
the Child Protection Office, an institution that works to protect the best interests of children
in Tunisia, any situation such as sexual exploitation that places a child in danger.
HUMAN TRAFFICKING
The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons defines
Trafficking in Persons (or Human Trafficking) as “the recruitment, transportation, transfer,
harbouring or receipt of persons, by means of the threat or use of force or other forms of
coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a
person having control over another person, for the purpose of exploitation”. 155
Major forms of human trafficking include: 156
forced labour;
sex trafficking;
bonded labour;
involuntary domestic servitude;
153
US$73 to US$367 on 26 April 2011
US$367 to US$734 on 26 April 2011
155
Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons
156
US Department of State; Trafficking in Persons Report 2010; http://www.state.gov/g/tip/rls/tiprpt/index.htm
154
43
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forced child labour; and
child sex trafficking.
What “Tier” is Tunisia on the US State Department Ranking?
The US State Department prepares the Trafficking in Persons report annually and it is the
“U.S. Government’s principal diplomatic tool to engage foreign governments on human
trafficking.” 157 Tunisia is ranked as a Tier 2 Watch List country in the Trafficking in Persons
Report 2010. 158 Tunisia was also ranked as a Tier 2 Watch List country in 2009. 159
The tier system is based on a country’s compliance with the minimum standards set out in the
US Trafficking Victims Protection Act 2000 (TVPA) which is concerned with combating
through prevention, protection and prosecution of human trafficking and its negative
impacts. 160 In accordance with the TVPA, “the minimum standards for the elimination of
trafficking applicable to the government of a country of origin, transit, or destination for
victims of severe forms of trafficking are the following:
(1)
The government of the country should prohibit severe forms of trafficking in persons
and punish acts of such trafficking.
(2)
For the knowing commission of any act of sex trafficking involving force, fraud,
coercion, or in which the victim of sex trafficking is a child incapable of giving
meaningful consent, or of trafficking which includes rape or kidnapping or which
causes a death, the government of the country should prescribe punishment
commensurate with that for grave crimes, such as forcible sexual assault.
(3)
For the knowing commission of any act of a severe form of trafficking in persons, the
government of the country should prescribe punishment that is sufficiently stringent
to deter and that adequately reflects the heinous nature of the offense.
(4)
The government of the country should make serious and sustained efforts to eliminate
severe forms of trafficking in persons.” 161
The US State Department defines Tier 2 Watch List countries as:
“Countries whose governments do not fully comply with the TVPA’s minimum standards,
but are making significant efforts to bring themselves into compliance with those standards,
AND: a) the absolute number of victims of severe forms of trafficking is very significant or is
significantly increasing; b) there is a failure to provide evidence of increasing efforts to
combat severe forms of trafficking in persons from the previous year; or, c) the determination
that a country is making significant efforts to bring themselves into compliance with
157
US Department of State; Trafficking in Persons Report 2010; What is Trafficking in Persons?:
http://www.state.gov/g/tip/rls/tiprpt/2010/142747.htm
158
US Department of State; Trafficking in Persons Report 2010; Tier Placements:
http://www.state.gov/g/tip/rls/tiprpt/2010/142755.htm
159
US Department of State; Trafficking in Persons Report 2010:
http://www.state.gov/documents/organization/142979.pdf, p.326
160
US Department of State; Trafficking in Persons Report 2010; http://www.state.gov/g/tip/rls/tiprpt/index.htm
161
US Department of State; Trafficking Victims Protection Act: Minimum Standards for the Elimination of
Trafficking in Persons http://www.state.gov/g/tip/rls/tiprpt/2010/142765.htm
44
DM_EU 3267001-1.099741.0025
minimum standards was based on commitments by the country to take additional future steps
over the next year.” 162
In accordance with the findings from the Trafficking in Persons Report 2010, Tunisia is a
Tier 2 Watch List country because while it is making an effort to improve its compliance with
the TVPA’s minimum standards, the government of Tunisia has to date failed to “show
evidence of progress in prosecuting and convicting trafficking offenders, proactively
identifying or protecting trafficking victims, or raising public awareness of human trafficking
over the last year.” 163
Is Tunisia identified as: transit, origin or destination country?
In addition to determining what tier is relevant to an individual country, the US State
Department also considers whether a particular country is a source, destination or transit
country. A source country refers to a country where the human trafficked target originates
from; a destination country refers to a country where a person is being trafficked to and a
transit county refers to a country through which a person is trafficked.
The US State Department identifies Tunisia as “a source, destination and possible transit
country for men, women, and children subjected to trafficking in persons, specifically forced
labour and forced prostitution.” 164 In addition, the Protection Project, a human rights
research institute based at John Hopkins University, 165 notes that Tunisia’s coastline and
“proximity to Sicily and the rest of Italy make it an ideal transit country for smuggling and
trafficking in persons.” 166 The US State Department identified instances of forced
prostitution and forced labour, including the possibility of forced labour among young
domestic workers. 167
It should be noted that despite evidence to the contrary 168 “the Tunisian government does not
identify human trafficking as a problem in Tunisia”. 169 A stark indicator of this view is that
the US State Department found: (1) no evidence that the government provided antitrafficking training to law enforcement officials or military troops in the reporting period; 170
(2) there appeared to be no effort made by the government to prevent trafficking or to raise
162
US Department of State; Trafficking in Persons Report 2010:
http://www.state.gov/documents/organization/142979.pdf, p.22
163
US Department of State; Trafficking in Persons Report 2010:
http://www.state.gov/documents/organization/142979.pdf, p.326
164
US Department of State; Trafficking in Persons Report 2010:
http://www.state.gov/documents/organization/142979.pdf, p.326
165
The Protection Project; About Us http://www.protectionproject.org/about/
166
The Protection Project – Country Report "Tunisia" (2008) p.1
http://www.childtrafficking.com/Content/Library/?CID=1ff8a7b5dc7a7d1f0ed65aaa29c04b1e%7C525f5e
167
US Department of State; Trafficking in Persons Report 2010:
http://www.state.gov/documents/organization/142979.pdf, p.326
168
The US Department of State in its 2010 Trafficking in Persons Report mentions specifically evidence of
trafficking that has occurred in Tunisia or involved a Tunisian subject. Specifically Tunisian women have been
rescued from forced prostitution in Lebanon and Jordan and Tunisian men have been rescued from forced labour
in Italy; US Department of State; Trafficking in Persons Report 2010:
http://www.state.gov/documents/organization/142979.pdf, p.326
169
US Department of State; Trafficking in Persons Report 2010:
http://www.state.gov/documents/organization/142979.pdf, p.326
170
US Department of State; Trafficking in Persons Report 2010:
http://www.state.gov/documents/organization/142979.pdf, p.327
45
DM_EU 3267001-1.099741.0025
public awareness of human trafficking; 171 (3) the government did not provide trafficking
victims access to shelters or other services; 172 and (4) the government lacked procedures to,
and did not undertake formal efforts to, identify trafficking victims among undocumented
migrants or prostitutes nor did it allow third parties to undertake the same. 173
Does Tunisia have its own Trafficking Laws (National)?
Whilst Tunisia does not have a code which is specifically dedicated to criminalising human
trafficking, certain Tunisian laws including the law relating to passport and travel documents,
the Penal Code, the Labour Code and the Code for the Protection of the Child prohibits some
forms of human trafficking and related activities. 174
The Law relating to passports and travel documents
The Tunisia law of May 14, 1975 on passports and travel documents governs the entry into
and exit from Tunisia for both Tunisian citizens and foreigners. 175 The law was modified in
2004 to implement relevant developments from the Palermo Protocols, being the UN
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, 176 the UN Protocol against the Smuggling of Migrants by Land, Sea and Air 177 and
the UN Protocol against the Illicit Manufacturing and Trafficking in Firearms, 178 all of which
supplement the UN Convention against Transnational Organised Crime. 179
All travellers to Tunisia must have a valid passport and any other necessary documentation
legally required (i.e. a visa) 180 and all persons arriving or leaving Tunisia must do so through
official borders. 181 A Tunisian knowingly leaving Tunisia to enter another country without
the appropriate documentation is subject to a fine and/or imprisonment for up to fifteen days,
which could, depending on how “knowingly” is interpreted, result in a trafficked person
171
US Department of State; Trafficking in Persons Report 2010:
http://www.state.gov/documents/organization/142979.pdf, p.327
172
US Department of State; Trafficking in Persons Report 2010:
http://www.state.gov/documents/organization/142979.pdf, p.327
173
US Department of State; Trafficking in Persons Report 2010:
http://www.state.gov/documents/organization/142979.pdf, p.327
174
US Department of State; Trafficking in Persons Report 2010:
http://www.state.gov/documents/organization/142979.pdf, p.327
175
Consortium for Applied Research on International Migration; CARIM Migration Profile – Tunisia p.4
http://www.carim.org/public/migrationprofiles/MP_Tunisia_EN.pdf
176
This protocol entered into force on 25 December 2003. See United Nations Office on Drugs and Crime;
Signatories to the United Nations Convention against Transnational Crime and its Protocols
http://www.unodc.org/unodc/en/treaties/CTOC/signatures.html a&chapter=18&lang=en
177
This protocol entered into force on 28 January 2004. See United Nations Office on Drugs and Crime;
Signatories to the United Nations Convention against Transnational Crime and its Protocols
http://www.unodc.org/unodc/en/treaties/CTOC/signatures.html a&chapter=18&lang=en
178
This convention entered into force on 3 July 2005. See United Nations Office on Drugs and Crime;
Signatories to the United Nations Convention against Transnational Crime and its Protocols
http://www.unodc.org/unodc/en/treaties/CTOC/signatures.html a&chapter=18&lang=en
179
This convention entered into force on 29 September 2003. See United Nations Office on Drugs and Crime;
Signatories to the United Nations Convention against Transnational Crime and its Protocols
http://www.unodc.org/unodc/en/treaties/CTOC/signatures.html a&chapter=18&lang=en
180
Article 31 of Law No 1975-0040 of 14 May 1975 relating to passports and travel documents
http://www.jurisitetunisie.com/tunisie/codes/passeport/passeport1040.htm
181
Article 32 of Law No 1975-0040 of 14 May 1975 relating to passports and travel documents
http://www.jurisitetunisie.com/tunisie/codes/passeport/passeport1040.htm
46
DM_EU 3267001-1.099741.0025
being subject to such sanctions,182 although equally there is a force majeure exemption to that
article which presumably has the potential to extend to a trafficked person.
In addition to the above, the law relating to passports and travel documents punishes with
prison sentences from three to twenty years and fines of upwards of 100,000 dinars persons,
whether alone or in an organised group, involved in either preparing for, facilitating or
actively aiding the illegal entry into, exit out of or smuggling through Tunisia. 183 This
offence would cover those trafficking people into, out of or through Tunisia.
The Labour Code
The Tunisia Labour Code of 1966 is the main legislation governing the rights and obligations
of employers and employees in Tunisia.
In accordance with the Labour Code, an employer is prohibited from having in their employ a
foreign employee who is not authorised to work in Tunisia 184 and all foreign employees are
entitled to the same rights as their Tunisian counterparts; meaning that any treatment which is
prohibited for a domestic employee will also be prohibited for a foreign employee. 185 This
includes rights to rest periods 186 and to be provided with health and safety equipment. 187
The general minimum age for employment in Tunisia is 16 188 and although there is scope for
children under this age to be employed, such employment is only allowed in certain
circumstances, including where the work is not too strenuous or does not require the child to
be employed for more than two hours during a school day. 189 In addition, all employers must
keep a register, to be presented to government officials as required, showing the names and
birthdates of all those under the age of 18 in their employ, as well as the hours of their
work. 190 Presumably this requirement is intended to deter employers from keeping children
“off their books” and/or forcing children to work beyond the prescribed allowances.
However, one would assume that where an employer was forcing a child to work beyond
what was legally allowed, they would falsify any required records.
An employer who fails to comply with the requirements of the Labour Code is subject to
penalties, 191 including monetary fines which can be doubled where there is repeat
offending. 192 However, the majority of the relevant penalties are not substantial, for example
182
Article 35 of Law No 1975-0040 of 14 May 1975 relating to passports and travel documents
http://www.jurisitetunisie.com/tunisie/codes/passeport/passeport1040.htm
183
Articles 38 – 44 of Law No 1975-0040 of 14 May 1975 relating to passports and travel documents
http://www.jurisitetunisie.com/tunisie/codes/passeport/passeport1040.htm
184
Section 259 of the Tunisian Labour Code 1966 http://www.jurisitetunisie.com/tunisie/codes/ct/Ct1200.htm
185
Section 263 of the Tunisian Labour Code 1966 http://www.jurisitetunisie.com/tunisie/codes/ct/Ct1200.htm
186
Section 95 of the Tunisian Labour Code 1966 http://www.jurisitetunisie.com/tunisie/codes/ct/Ct1095.htm
187
Article 152 of the Tunisian Labour Code 1966 http://www.jurisitetunisie.com/tunisie/codes/ct/Ct1140.htm
188
Section 53 of the Tunisian Labour Code 1966 http://www.jurisitetunisie.com/tunisie/codes/ct/Ct1045.htm
189
Section 53 – 56 of the Tunisian Labour Code 1966
http://www.jurisitetunisie.com/tunisie/codes/ct/Ct1045.htm
190
Section 59 of the Tunisian Labour Code 1966 http://www.jurisitetunisie.com/tunisie/codes/ct/Ct1045.htm
191
Book VI of the Tunisian Labour Code 1966 http://www.jurisitetunisie.com/tunisie/codes/ct/Ct1190.htm
192
Section 237 of the Tunisian Labour Code 1966 http://www.jurisitetunisie.com/tunisie/codes/ct/Ct1190.htm
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non compliance with the requirement to keep records of employed children is a fine of 12 to
30 dinars. 193
The Code for the Protection of the Child
The Tunisian Code for the Protection of the Child or the Child Protection Code (CPC) was
adopted in 1995 and specifically guarantees children the right to be protected from any form
of violence, injury, physical, psychological or sexual harm and exploitation.194 In accordance
with Article 18 of the CPC, a child is entitled to enjoy all guarantees of international
humanitarian law included in the international conventions that Tunisia has ratified. The
same article specifically prohibits the involvement of children in wars and armed conflicts. 195
In addition, the CPC lists various activities that are considered threatening to the health of the
child and which children should be protected from which includes the sexual exploitation of a
child and the exposure of a child to begging and other economic exploitation.196
The Penal Code
The Tunisian Penal Code adopted in 1991 which codifies the criminal law of Tunisia
criminalises rape as well as sexual intercourse with, and indecent assault on, persons under
the age of 18, with penalties for perpetrators ranging from six years to death. 197 Prostitution is
specifically criminalised with monetary fines and imprisonment of up to 2 years, with the
same sentence befalling a person using the services of a prostitute. 198 However, the fact
remains that the Penal Code makes no distinction in its punishments for prostitutes who are
victims of human trafficking and those who are not.
In addition, a person who aids or exploits prostitutes faces monetary fines and imprisonment
of up to 3 years. 199 More severe punishments (up to five years) are prescribed where the
offences are committed against children or when coercion is used (i.e. forced prostitution). 200
Article 235 of the Penal Code provides that the act will still be criminal even if part of it is
committed in another country, indicating that a cross-border element to the offence (i.e. if the
coercion happened in another country) would not preclude an activity being an offence under
Tunisian law. 201
193
Section 234 of the Tunisian Labour Code 1966 http://www.jurisitetunisie.com/tunisie/codes/ct/Ct1190.htm
Article 2 of the Code for the Protection of the Child 1995
http://www.jurisitetunisie.com/tunisie/codes/cde/cde1005.htm
195
Article 18 of the Code for the Protection of the Child 1995
http://www.jurisitetunisie.com/tunisie/codes/cde/cde1005.htm
196
Article 20 of the Code for the Protection of the Child 1995
http://www.jurisitetunisie.com/tunisie/codes/cde/cde1010.htm
197
Article 227 -230 of the Tunisian Penal Code 1991
http://www.jurisitetunisie.com/tunisie/codes/cp/cp1200.htm
198
Article 231 of the Tunisian Penal Code 1991 http://www.jurisitetunisie.com/tunisie/codes/cp/cp1205.htm
199
Article 232 of the Tunisian Penal Code 1991 http://www.jurisitetunisie.com/tunisie/codes/cp/cp1205.htm
200
Article 233 and 234 of the Tunisian Penal Code 1991
http://www.jurisitetunisie.com/tunisie/codes/cp/cp1205.htm
201
Article 235 of the Tunisian Penal Code 1991 http://www.jurisitetunisie.com/tunisie/codes/cp/cp1205.htm
194
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The Penal Code also criminalises a person forcing a child to beg, with a penalty of one years
imprisonment or two years if it is part of a criminal organisation (a human trafficking
ring). 202
Furthermore, the Penal Code criminalises any person who has illegally captured, detained or
abducted a person and although the relevant sections do not specifically include reference to
the purpose of the abduction (i.e. for forced labour or prostitution) it would appear in their
generality that the sections would apply to such activity.203 The standard penalty for a person
involved in that activity is 10 years imprisonment and 20,000 dinars fine, but the term of
imprisonment can be doubled where the abduction took place under violence or where it was
committed by a group of persons and can be extended to life imprisonment where the
detention is for a period of over one month. 204
Despite the fact that some of the Tunisian statutes prohibit certain human trafficking
activities, the US State Department in its 2010 Report on Human Trafficking noted that the
“Government of Tunisia made no discernible anti-human trafficking law enforcement
progress over the reporting period”. 205 Based on the information presented by the US State
Department, “there were no investigations or prosecutions of trafficking offences, or
convictions of trafficking offenders” 206 during 2010. While “a press report indicated that the
police opened an investigation into reports that a group of children had been sexually
exploited by Libyan tourists”, 207 the only recent notable prosecution of a person involved in
trafficking took place in April 2009. 208
Has Tunisia ratified etc., UN protocols re: human trafficking?
Tunisia has both signed and ratified the following UN and ILO treaties and protocols which
target human trafficking activities: 209
UN Convention against Transnational Organised Crime; 210
UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children (which supplements the UN Convention against Transnational
Organised Crime); 211
202
Article 171 of the Tunisian Penal Code 1991 http://www.jurisitetunisie.com/tunisie/codes/cp/cp1155.htm
Article 250 and 251 of the Tunisian Penal Code 1991
http://www.jurisitetunisie.com/tunisie/codes/cp/cp1230.htm
204
Article 250 and 251 of the Tunisian Penal Code 1991
http://www.jurisitetunisie.com/tunisie/codes/cp/cp1230.htm
205
US Department of State; Trafficking in Persons Report 2010:
http://www.state.gov/documents/organization/142979.pdf, p.327
206
US Department of State; Trafficking in Persons Report 2010:
http://www.state.gov/documents/organization/142979.pdf, p.327
207
US Department of State; Trafficking in Persons Report 2010:
http://www.state.gov/documents/organization/142979.pdf, p.327
208
US Department of State; Trafficking in Persons Report 2010:
http://www.state.gov/documents/organization/142979.pdf, p.327
209
US Department of State; Trafficking in Persons Report 2010:
http://www.state.gov/documents/organization/142979.pdf, p.364
210
Tunisia ratified this convention on 19 June 2003; United Nations Treaty Collection, United Nations
Convention Against Transnational Organised Crime
http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-12&chapter=18&lang=en
203
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UN Protocol against the Smuggling of Migrants by Land, Sea and Air (which
supplements the UN Convention against Transnational Organised Crime); 212
ILO Convention 182, Elimination of Worst Forms of Child Labour; 213
Optional Protocol to the Convention on the Rights of the Child on the Sale of
Children, Child Prostitution and Child Pornography; 214
Optional Protocol to the Convention on the Rights of the Child in Armed Conflict; 215
ILO Convention 29, concerning Forced or Compulsory Labour; 216
ILO Convention 105, Abolition of Forced Labour. 217
In addition to these treaties and conventions, Tunisia is a member, along with four other
Maghreb Union countries (Algeria, Libya, Mauritania and Morocco) and five Southern
European Union countries (Spain, France, Italy, Malta and Portugal) of the 5+5 Dialogue,
which, amongst other things, is involved in the fight against trafficking in humans. 218
However, despite the international progress and involvement noted above, Tunisia lacks
dedicated legislation which specifically targets and criminalises human trafficking and as
such, from a legislative view point, legislative progress can definitely be made to tackle
human trafficking in Tunisia.
What is the age when a trafficking victim is considered “child” vs. “adult”?
In accordance with the CPC, except in specific circumstances, a child is a person under the
age of 18. 219 There is no specific legislation regarding trafficking that alters this
211
Tunisia ratified this protocol on 14 July 2003; United Nations Office on Drugs and Crime, Signatories to the
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-12-a&chapter=18&lang=en
212
Tunisia ratified this protocol on 14 July 2003; United Nations Office on Drugs and Crime, Signatories to the
Protocol against the Smuggling of Migrants by Land, Sea and Air,
http://www.unodc.org/unodc/en/treaties/CTOC/countrylist-migrantsmugglingprotocol.html#EndDec
213
Tunisia ratified this convention on 28 February 2000; International Labour Organisation, Ratification Status
C.182, http://www.ilo.org/ilolex/cgi-lex/ratifce.pl?C182
214
Tunisia ratified this protocol on 13 September 2002; United Nations Treaty Collection, Optional Protocol to
the Convention on the Rights of the Child on the Sale of Children, child Prostitution and Child Pornography,
http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11-c&chapter=4&lang=en
215
Tunisia ratified this protocol on 2 January 2003; United Nations Treaty Collection, Optional Protocol to the
Convention on the Rights of the Child in Armed Conflict
http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11b&chapter=4&lang=en#EndDec
216
Tunisia ratified this protocol on 17 December 1962; International Labour Organisation, Ratification Status
C.29, http://www.ilo.org/ilolex/cgi-lex/ratifce.pl?C029
217
Tunisia ratified this protocol on 12 January 1959; International Labour Organisation, Ratification Status
C.105, http://www.ilo.org/ilolex/cgi-lex/ratifce.pl?C105
218
Arfaoui, Jamel '5+5 Dialogue' tackles illegal immigration (15 December 2010)
http://www.magharebia.com/cocoon/awi/xhtml1/en_GB/features/awi/features/2010/12/15/feature-03
219
Article 3 of Code for the Protection of the Child 1995
http://www.jurisitetunisie.com/tunisie/codes/cde/cde1005.htm
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determination. However, as noted above, the Labour Code does allow for children under the
age of 18 to be legally employed.
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