RIGHTS OF MINORITIES IN

TUNISIA

By Rahma Sghaier

SUMMARY

What is the definition of the word « minority »

Does the Tunisian law protect minorities’ rights?

How does the Tunisian society deal with

minorities? (through interviews)

WHAT IS A MINORITY?

DEFINITON

There is no legal definiton to the word « minority »

in the Tunisian legislation.

Adopted by consensus in 1992, the United Nations

Minorities Declaration in its article 1 refers to

minorities as based on national or ethnic, cultural,

religious and linguistic identity, and provides that

States should protect their existence.

There is no internationally agreed definition as to

which groups constitute minorities. It is often

stressed that the existence of a minority is a

question of fact and that any definition must include

both objective factors (such as the existence of a

shared ethnicity, language or religion) and subjective

factors (including that individuals must identify

themselves as members of a minority).

DOCTRINE

According to a definition offered in 1977 by Francesco Capotorti,

Special Rapporteur of the United Nations Sub-Commission on

Prevention of Discrimination and Protection of Minorities, a

minority is: A group numerically inferior to the rest of the

population of a State, in a non-dominant position, whose members -

being nationals of the State - possess ethnic, religious or linguistic

characteristics differing from those of the rest of the population

and show, if only implicitly, a sense of solidarity, directed towards

preserving their culture, traditions, religion or language.

The question often arises as to whether, for example, persons with

disabilities, persons belonging to certain political groups or persons

with a particular sexual orientation or identity (lesbian, gay, bisexual,

transgender or intersexual persons) constitute minorities. While the

United Nations Minorities Declaration is devoted to national, ethnic,

religious and linguistic minorities, it is also important to combat

multiple discrimination and to address situations where a person

belonging to a national or ethnic, religious and linguistic minority is

also discriminated against on other grounds such as gender, disability

or sexual orientation.

THE TUNISIAN LAW

The jewish and christian communities are

recognized by official texts in Tunisia and they have

their official representatives. Their places of worship

are protected and their buildings and cemeteries are

preserved. However, tunisian jews and christians are

excluded from the participation in state affairs.

Besides, up to the constitution, they are deprived of

the nomination for the Presidency of the Republic.

Other minorities such as the Bahai or chiaa have

been denied the simple act of recognition. The Bahai

community was even denied the establishment of an

association by the general secretary of the

government.

Irreligious people have been recently recognized

(in theory) as the article 6 of the constitution

guarantees the freedom of conscience.

As for the LGBT community, they have no legal

status in Tunisia. Being gay is yet penalized in the

Tunisian Penal Code. (Crime: Sodomy)