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An exposé about rights of minorities in Tunisia. Source: Definition: http://www.ohchr.org/EN/Issues/Minorities/Pages/internationallaw.aspx Tunisian Law and Rights of Minorities: Interviews
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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)