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Tunisia

Executive Summary

Tunisia is a constitutional republic with a multiparty, unicameral parliamentary system and a president with powers specified in the constitution. In 2019 the country held parliamentary and presidential elections in the first transition of power since its first democratic elections in 2014. In October 2019 the country held free and fair parliamentary elections that resulted in the Nahda Party winning a plurality of the votes, granting the party the opportunity to form a new government. President Kais Saied, an independent candidate without a political party, came to office on October 23, 2019, after winning the country’s second democratic presidential elections. Three months prior to the elections, President Caid Essebsi died of natural causes, and power transferred to Speaker of Parliament Mohamed Ennaceur as acting president until President Saied took office. On February 20, parliament approved Prime Minister Elyes Fakhfakh’s cabinet. Prime Minister Fakhfakh resigned from his position on July 15 ahead of a parliamentary vote of no confidence responding to allegations of a conflict of interest. On July 25, President Saied named Interior Minister Hichem Mechichi prime minister-designate. On September 2, parliament approved Mechichi’s cabinet.

The Ministry of Interior holds legal authority and responsibility for law enforcement. The ministry oversees the National Police, which has primary responsibility for law enforcement in the major cities, and the National Guard (gendarmerie), which oversees border security and patrols smaller towns and rural areas. Civilian authorities maintained effective control over the security forces. Security forces committed periodic abuses.

Significant human rights issues included: reports of unlawful or arbitrary killings, primarily by terrorist groups; allegations of torture by government agents; arbitrary arrests and detentions of suspects under antiterrorism or emergency laws; undue restrictions on freedom of expression and the press, including criminalization of libel; widespread corruption, although the government took steps to combat it; societal violence and threats of violence targeting lesbian, gay, bisexual, transgender, and intersex persons; criminalization of consensual same-sex sexual conduct that resulted in arrests and abuse by security forces; and the worst forms of child labor.

The government took steps to investigate officials who allegedly committed abuses, but investigations into police, security force, and detention center abuses lacked transparency and frequently encountered long delays and procedural obstacles.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the law prohibits such practices, police reportedly subjected detainees to harsh physical treatment, according to firsthand accounts provided to national and international organizations. Several prominent local human rights lawyers decried the practice of torture in police stations and detention centers. Human rights nongovernmental organizations (NGOs) criticized the government for its application of the antiterrorism law, the appearance of impunity for abusers, and for reluctance to investigate torture allegations.

The Ministry of Interior has three inspectorate general offices (one for the National Police, one for the National Guard, and a central inspectorate general reporting directly to the minister) that conduct administrative investigations into the different ministry structures; these offices play a role in both onsite inspections to ensure officers’ appropriate conduct and investigations in response to complaints received by the public. They can hold agents accountable and issue administrative reprimands even before the courts announce a final verdict.

The National Authority for the Prevention of Torture (INPT), an administratively independent body established in 2013 to respond to allegations of torture and mistreatment, issued its first report in June 2019 detailing reports of torture and mistreatment during the 2016-17 period. According to the report, the majority of the reported abuses took place immediately following individuals’ arrests when the individual was in police custody. The INPT reported that until January, there were a total of 22,445 prisoners and detainees. Of those individuals, the INPT claimed medical records proved 22 were subject to physical violence or attempted rape while in detention centers or while in transit to detention centers.

The independent Tunisian Organization against Torture (OCTT) reported in August an increased number of assaults by security officers against individuals who violated the general COVID-19 lockdown orders between March and June. On May 12, Nabil Mbarki told the judge during his trial at the Bardo Court that he was tortured at the Bardo Judicial Police Division. Mbarki showed the judge traces of cigarette burns across several parts of his body and detailed other injuries. The Mornaguia prison administration took pictures of the effects of violence and mistreatment on Nabil’s body, as it was shown on the medical examination conducted on May 5, the day he arrived at the prison. His family also reported seeing signs of violence on Mbarki’s body during his transfer. Mbarki was initially accused of assaulting security agents.

In its December 2020 report, OCTT warned that cases of torture, police violence and mistreatment in detention centers continue to be perpetrated “without sanctions appropriate to the gravity of the acts committed.”

According to the Tunisian Bar Association, the chief of police for Ben Arous police station and his assistant assaulted lawyer Nesrine Gorneh on August 4 while she was assisting her client during his interrogation at Ben Arous governorate’s local police station. Gorneh reportedly lost consciousness and suffered from a concussion following violent strikes to the head. In a social media video, Gorneh alleged police attacked her after she told the police chief her client was disrespected during interrogation proceedings. The bar association condemned the assault on Gorneh, describing her assault as an attack on all lawyers. Then minister of justice Jeribi and Minister of Interior (and Prime Minister-designate at the time) Mechichi condemned the assault. Mechichi ordered the launch of an internal investigation against the perpetrators, in addition to the general prosecutor’s continuing investigation. On October 9, the First Instance Court of Ben Arous released the accused police officials pending trial.

According to the Conduct in UN Field Missions online portal, there was one allegation submitted in August of sexual exploitation and abuse by Tunisian peacekeepers deployed to a UN peacekeeping mission, allegedly involving transactional sex with an adult. As of October, the United Nations was investigating the allegation.

Prison and Detention Center Conditions

Prison and detention center conditions were below international standards, principally due to overcrowding and poor infrastructure.

Physical Conditions: As of September the following prisons had high rates of overcrowding: Sousse (94 percent over capacity), Monastir (63 percent), Gabes (56 percent), Sfax (39 percent), Borj El Amir (39 percent), Bizerte (34 percent), Mehdia (30 percent), Hawareb (29 percent), Gafsa (13 percent), Mornag (16 percent), and Beja (1.5 percent).

On March 31, President Saied granted a special pardon to 1,420 prisoners in an effort to reduce risk of outbreak of a COVID-19 in prisons. In April the INPT published a report recommending additional protective measures, such as giving conditioned parole for prisoners and detainees pending trial to reduce prison overcrowding, adequate medical and psychological care, one bed per prisoner, face masks, and maintaining social distancing between inmates. The Ministry of Justice announced it conformed with international standards and maintained a distance of 12.4 feet between prisoners, while government regulations required only 9.3 feet of separation. A representative from local NGO Tunisian Organization against Torture maintained that prison overcrowding remained a serious issue, and that social distancing was not possible in cells that hold approximately 70 prisoners.

On August 28, then minister of justice Jeribi announced that during the COVID-19 lockdown, the number of prisoners and detainees increased from 16,000 to 24,000 in August. The law requires pretrial detainees to be held separately from convicted prisoners, but the Ministry of Justice reported that overcrowding forced it to hold pretrial detainees together with convicts.

Most prisons were originally constructed for industrial use and then converted into detention facilities and, as a result, suffered from poor infrastructure, including substandard lighting, ventilation, and heating.

The INPT observed that women, youth, and members of the LGBTI community were particularly subject to mistreatment. Of the country’s 27 prisons, one is designated solely for women and seven contain separate wings for women (Sfax, Jendouba, Sousse, Kasserine, Harboub, Gafsa, and El Kef). On June 25, the OCTT released a report on women in prison, indicating Manouba prison held 400 female prisoners and the remaining 250 were held in women-only sections of various prisons. According to the report, women lacked access to sanitary care and were denied their right to family visits.

The Ministry of Justice operated five juvenile centers in El Mghira, Mdjez El Bab, Sidi El Henj, Souk Jedid, and El Mourouj. Juvenile prisoners were strictly separated from adults; the majority of minors (those younger than age 18) were detained in separate correctional facilities or in rehabilitation programs.

Health services available to inmates were inadequate. Very few prisons had an ambulance or medically equipped vehicle. Officials mentioned they lacked equipment necessary for the security of guards, other personnel, and inmates. On April 24, the Ministry of Justice jointly with the Ministry of Health decided to transform Oudhna prison in Ben Arous governorate into a detention center for prisoners infected by COVID-19.

Administration: According to prison officials, lengthy criminal prosecution procedures led to extended periods of pretrial detention, understaffing at prisons and detention centers, and difficult work conditions for prison staff, who struggled with low pay and long commutes to remote prison locations.

Family visits are limited to one per week, through a window or a fence. Inmates with children are entitled to a family visit in a confidential room every three months. No intimate visits, including between spouses, are allowed. Prisons provide certain prisoners with access to educational and vocational training programs as allowed by capacity, eligible jobs, and appropriate levels of prisoner classification. The OCTT reported that prison authorities added precautions such as wearing masks during family prison visits, to prevent the spread of COVID-19.

As part of the Ministry of Justice’s rehabilitation program for countering violent extremism, the CGPR has a memorandum of understanding with the Ministry of Religious Affairs to permit vetted and trained imams to lead religious sessions with prisoners identified as extremists. As part of the ministry’s measures to combat violent extremism, organized, communal prayers were prohibited, but prisons permitted individual detainees to have religious materials and to pray in their cells.

The Ministry of Interior’s internal investigations into prisoner abuse sometimes lacked transparency and often lasted several months, in some cases more than a year.

INPT members have the authority to visit any prison or detention center without prior notice and to document torture and mistreatment, request criminal and administrative investigations, and issue recommendations for measures to eradicate torture and mistreatment. The INPT reported increasing cooperation by government authorities and improved access to prisons and detention centers during the year.

Independent Monitoring: The government granted access to prisons for independent nongovernmental observers, including local and international human rights groups, NGOs, local media, the International Committee of the Red Cross, the Office of the UN High Commissioner for Human Rights (UNHCHR), and the OCTT. The nongovernmental Tunisian League for Human Rights could conduct unannounced prison visits and issue reports about conditions inside prisons. Other organizations were issued permits after case-by-case examinations of their requests.

Improvements: Throughout the year the CGPR trained prison officials on a code of ethics and emergency management. In addition the CGPR began to classify inmates according to their level of threat, enabling prisoners to have access to vocational programs according to their classification. The CGPR worked to train its staff and develop standard operating procedures.

The CGPR built two new prisons in 2019: one in Oudna with a capacity of 800 inmates and one in Belly with a capacity of 1,000 inmates.

The INPT welcomed the expansion of the CGPR into a larger General Committee with different subdepartments, including one dedicated to dealing with vulnerable groups. The Ministry of Justice and the CGPR collaborated with the INPT to develop and disseminate a Prisoners Rights Guide, outlining inmate rights and responsibilities. The guide for prisoners and penitentiary staff covers all aspects of daily life in prison from the first to the last day of incarceration.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, although security forces did not always observe these provisions. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. Human rights organizations expressed concern that the government used its powers under the 1973 decree law on the state of emergency to place citizens under house arrest with limited evidence or foundation for suspicion. Amnesty International reported that after former prime minister Elyes Fakhfakh’s announcement on March 22 of a national COVID-19 lockdown, police arrested at least 1,400 individuals for violating curfew or confinement measures.

Arrest Procedures and Treatment of Detainees

The law requires police to have a warrant to arrest an alleged suspect, unless a crime is in progress or the arrest is for a felony offense. Arresting officers must inform detainees of their rights, immediately inform detainees’ families of the arrest, and make a complete record of the times and dates of such notifications. The maximum time of precharge detention for felonies is 48 hours, renewable once by a prosecutor’s order, for a maximum of four days. For misdemeanor offenses the time limit is 24 hours, renewable once by the prosecutor’s order. Both precharge extensions must be justified in writing.

Precharge detainees can exercise their right to representation by counsel and can request medical assistance immediately upon detention. Arresting officials (the Judicial Police) must inform detainees of their rights and the accusations against them, immediately inform detainees’ families of the arrest, and make a complete record of the times and dates of such notifications. The Judicial Police must also inform the lawyer of all interrogations and interactions between the accused and witnesses or victims of the alleged offense and allow the lawyer to be present, unless the accused explicitly waives the right to a lawyer, or unless the lawyer does not arrive at the prearranged time of questioning. The only exception is for terrorism suspects, who may be held without access to counsel for 48 hours. The counterterrorism law provides a suspect may be held 15 days, with a judicial review after each five-day period.

Media and civil society reported that police failed at times to follow these regulations and, on occasion, detained persons arbitrarily. The majority of the detainees interviewed by the INPT for its annual report claimed they had not been informed of their legal right to a lawyer or medical care.

By law the prosecutor represents the government in criminal proceedings, including proceedings involving underage offenders. A lawyer may be assigned in a criminal case even if the accused person did not ask for one during the investigation. For those who cannot afford a lawyer, judicial aid is provided at government expense if certain conditions are met. In civil cases both parties may request judicial aid. In criminal cases, however, legal aid is only provided to nationals if the minimum possible sentence is at least three years and if the person on trial is not a recidivist and to foreigners under conditions outlined by law. Judicial aid is also extended to administrative matters once the police investigation has been completed and the case goes to court. The military code of justice gives the same rights to detainees for assigning a legal counsel as described in the penal code, although it was unclear whether the government consistently provided this service.

The law permits authorities to release accused persons on bail, and the bail system functioned. At arraignment the examining magistrate may decide to release the accused or remand the detainee to pretrial detention.

Arbitrary Arrest: NGOs criticized the use of the 1973 decree law on the state of emergency to put under house arrest any individual suspected of representing a threat to state security, often without offering these individuals access to the court orders that led to their arrest. President Saied renewed the state of emergency law twice during the year.

In March 2019 authorities detained Moncef Kartas, a dual Tunisian-German national working as a member of the UN Panel of Experts on Libya, reportedly on domestic espionage charges. In his UN position as an “expert on mission,” Kartas enjoyed immunity from arrest and detention and legal proceedings for actions carried out in the exercise of his functions. The United Nations and international community sought an explanation for Kartas’ detention from authorities and subsequently appealed for his immediate release, contending that Tunisia’s actions were inconsistent with its obligations under the 1946 Convention on the Privileges and Immunities of the United Nations. Authorities held Kartas for almost two months at the Gorjani prison and denied Kartas access to a lawyer for several days beyond the conclusion of the 48-hour window permitted by the counterterrorism law to hold terrorism suspects without access to legal counsel. In May 2019 the Court of Appeals ordered Kartas’ release due to lack of evidence. At year’s end Kartas remained out on bail pending the conclusion of the government’s investigation.

Pretrial Detention: The length of pretrial detention remained unpredictable and could last from one month to several years, principally due to judicial inefficiency and lack of capacity.

In cases involving crimes for which the sentence may exceed five years or that involve national security, pretrial detention may last six months and may be extended by court order for two additional four-month periods. Detainees can be held longer than this 14-month period if a hearing date is scheduled beyond it. In cases involving crimes for which the sentence may not exceed five years, the court may extend the initial six-month pretrial detention only by three months. During this stage the court conducts an investigation, hears arguments, and accepts evidence and motions from both parties.

On August 28, then minister of justice Jeribi noted that two-thirds of those incarcerated were pretrial detainees.

The country’s pilot Sousse Probation Office promoted alternatives to incarceration by enforcing community service sentences in lieu of prison sentences. Through the alternatives to incarceration program, sentencing judges work with probation officers to substitute two hours of community service for each day of a jail sentence. Following the Sousse pilot program, the Ministry of Justice began expanding alternatives to incarceration programs to 13 probation offices in 13 governorates.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right, although defendants complained authorities did not consistently follow the law on trial procedures. In civilian courts defendants have the right to a presumption of innocence. They also have the right to consult with an attorney or to have one provided at public expense, to confront witnesses against them, to present witnesses and evidence, and to appeal verdicts against them. The law stipulates defendants must be informed promptly and in detail of the charges against them, with free interpretation if necessary. They must also be given adequate time and facilities to prepare their defense and not be compelled to testify or confess guilt.

The counterterrorism law states that in cases involving terrorism, judges may close hearings to the public. Judges may also keep information on witnesses, victims, and any other relevant persons confidential, including from the accused and his or her legal counsel. Human rights organizations objected to the law for its vague definition of terrorism and the broad leeway it gives to judges to admit testimony by anonymous witnesses.

Military courts fall under the Ministry of Defense. Military tribunals have authority to try cases involving military personnel and civilians accused of national security crimes. A defendant may appeal a military tribunal’s verdict. A first appeal can be made to the military court of appeal and a second appeal to the civilian second court of appeal. Human rights advocates argued that national security crimes are too broadly defined but acknowledged that, following the 2011 reform of military courts, defendants in military courts have the same rights as those in civilian courts. These include the right to choose legal representation, access case files and evidence, conduct cross-examinations, call witnesses, and appeal court judgments. There is no specialized code for military courts.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government took some preliminary steps to implement these laws.

Corruption: The National Authority for the Combat against Corruption (INLUCC), an independent body charged with investigating and preventing corruption and drafting policies to combat corruption, continued to process corruption cases. On May 29, Chawki Tabib, former head of INLUCC, stated that petty corruption or “bribery,” cost the country between three and four billion dinars (1.1 to 1.5 billion dollars) annually. Tabib said a study found that 15 percent of citizens considered “bribery” to be normal, and they paid to obtain administrative services, prevent the implementation of the law, or obtain a service intended for others. During a September 7 parliamentary hearing, INLUCC member Olfa Chahbi stated that in its 10 years in operation, INLUCC referred more than 1,800 corruption cases to the judiciary out of more than 39,000 cases of corruption it received. In March, Tabib noted it takes seven to 10 years on average to process corruption cases in the judicial system and that such a lengthy process suggests to the public it is “useless” to attempt to hold corrupt persons accountable.

Prime Minister Elyes Fakhfakh resigned from his position on July 15 after independent Member of Parliament Yassine Ayari brought a case of conflict of interest against him in June. The financial public prosecutor asked INLUCC to share any documentation related to the case. On July 15, INLUCC published a report on Fakhfakh’s case, which highlighted that from 2015 through 2017, Fakhfakh’s companies declared “none” to the taxation authorities, raising the question of tax evasion. On July 19, INLUCC gave the court additional documents and evidence related to “conflict of interest, financial and administrative corruption, and tax evasion allegations.” According to a leaked document from the INLUCC case, Fakhfakh may have used state information to which he had access while serving as minister of finance from 2013-14 to obtain state contracts for a company he partially owned. Fakhfakh started a service provider company in 2014, which eventually became part of a consortium that won state-owned contracts, including an important waste management contract near Gabes. When Fakhfakh became prime minister in February, he was required to divest his two-thirds ownership of the company in accordance with the 2018 Asset Declaration Law for public officials. INLUCC notified Fakhfakh in June he had one month to divest his ownership according to the law, and when Fakhfakh failed to do so, the case went to court. On October 15, the Ministry of Justice’s Economic and Financial Division launched an investigation.

On August 24, then prime minister Fakhfakh dismissed INLUCC chair Chawki Tabib and appointed Judge Imed Boukhris to replace him. Tabib filed an appeal with the Administrative Court, arguing his dismissal was “illegal.” On August 25, a collective of national authorities that cover anti-TIP, antitorture, elections, access to information, audio visual, personal data, and human rights issues alleged that Fakhfakh dismissed Tabib as retribution for Tabib’s role in the conflict of interest case. The National Center for State Courts’ legal opinion called Tabib’s dismissal “illegitimate” and “an attack on political ethics.” On September 3, Tabib announced he would step down as INLUCC chair and President Saied swore in Boukhris as his replacement. On September 9, the Administrative Court ruled against Tabib’s appeal.

INLUCC opened 15 renovated regional offices in Gabbes, Gafsa, Jendouba, Medenine, and Tozeur to assist citizens outside of Tunis in reporting corruption to the body.

In October 2019 the Public Prosecutor’s Office at the Judicial Counterterrorism Division announced its decision to close the case against businessman Chafik Jarraya for “plotting against national security.” In 2017 the government arrested Jarraya and seven other prominent businessmen, including two former customs officials, on allegations of smuggling, embezzlement, conspiracy against the safety of the state, and complicity with a foreign government. With the October 2019 ruling, Jarraya and the other defendants were acquitted of national security charges but had to remain in detention pending the conclusion of the investigation into the smuggling and embezzlement allegations. As of December, Jarraya remained in detention.

Financial Disclosure: The constitution requires those holding high government offices to declare assets “as provided by law.” In 2018 parliament adopted the Assets Declaration Law, identifying 35 categories of public officials required to declare their assets upon being elected or appointed and upon leaving office. By law INLUCC is then responsible for publishing the lists of assets of these individuals on its website. In addition the law requires other individuals in specified professions that have a public role to declare their assets to INLUCC, although this information would not be made public. This provision applies to journalists, media figures, civil society leaders, political party leaders, and union officials. The law also enumerates a “gift” policy, defines measures to avoid conflicts of interest, and stipulates the sanctions that apply in cases of illicit enrichment.

On September 2, members of Prime Minister Mechichi’s government and 217 members of parliament declared their assets with INLUCC. There was no information on the number of other government officials who declared their assets according to the law.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A wide variety of domestic and international human rights groups investigated and published without government restriction their findings on human rights cases. Government officials generally were cooperative and responsive to their views.

Government Human Rights Bodies: The government’s primary agency to investigate human rights violations and combat threats to human rights is the Ministry of Justice. Human rights organizations contended, however, that the ministry failed to pursue or investigate adequately alleged human rights violations. Within the President’s Office, the High Committee for Human Rights and Fundamental Freedoms is a government-funded agency charged with monitoring human rights and advising the president on related topics. The minister in charge of relations with constitutional bodies, civil society, and human rights has responsibility for coordinating government activities related to human rights, such as proposing legislation, representing the government before international bodies such as the UN Human Rights Council, and preparing human rights reports.

The independent transitional justice Truth and Dignity Commission (IVD), established in 2014 to investigate gross violations of human rights committed by the government or those who acted in its name from 1955 to 2013, concluded its mandate in 2018. In March 2019 the IVD published the final report of its findings and activities. The report’s five volumes document the commission’s findings pertaining to claims of gross violations of human rights committed between July 1955 and December 2013. It also made recommendations how to guarantee nonrepetition of these human rights violations, including through the “preservation of memory,” reconciliation, and institutional reforms. The law requires the government to prepare an action plan to implement these recommendations within one year of the publication of the IVD’s final report. The government formally published the Truth and Dignity Commission report on June 25.

The civil society coalition for transitional justice issued a statement on May 29 urging the government and the Supreme Judicial Council to address challenges faced by the Specialized Criminal Courts (SCCs), which were established by the Transitional Justice Law to adjudicate cases transferred by the IVD of human rights violations and financial crimes from 1955 to 2013. The coalition asserted the pace of hearings was slowed by issues such as the refusal of police unions to cooperate with the SCCs to deliver subpoenas and other requests and the regular rotation of SCC judges and their part-time status. The IVD referred 204 cases to the SCCs, including 49 related to corruption and 155 related to gross human rights violations, representing a total of 1,426 accused persons and 1,120 victims. No case has been resolved to date. Although there were 13 SCCs throughout the country, 50 percent of the transitional justice cases were heard at the SCC in Tunis. According to the World Organization against Torture, transitional justice cases have on average three hearings with a period of 93 days between each hearing.

The government established the INPT in 2013 to respond to allegations of torture and mistreatment (see section 1.c.).

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law broadly defines violence against women as “any restriction denying women equality in the civil, political, economic, social, or cultural domains.” The 2018 law criminalizing gender-based violence adds or updates articles in the penal code to meet international best practices. It criminalizes rape, incest, sexual harassment of women in public places, and gender discrimination.

The amended law also eliminates the possibility for a rapist to avoid prosecution by marrying the victim. Rape remained a taboo subject, and cultural pressures often dissuaded victims from reporting sexual assault. There were no government public education programs on domestic violence, including rape. Victims received services at two dozen social centers throughout the country, in addition to five centers dedicated to victims of gender-based violence.

The Ministry of Justice tracked gender-based violence cases, gathering information on cases in each court. The government did not, however, systematically track the number of rape cases. Civil society representatives reported anecdotally that few cases have resulted in a conviction under the new law.

On January 31, the First Instance Court of Gafsa sentenced a 40-year-old man to life in prison for raping a three-year-old girl, under the 2018 law.

Laws prohibiting domestic violence provide penalties for assault committed by a spouse or family member that are double those of an unrelated individual for the same crime, but enforcement was rare, and domestic violence remained a serious problem. The law provides penalties for domestic violence and allows women to seek restraining orders against their abusers without filing a criminal case or filing for divorce.

The Ministry of Women, Family, Childhood, and Senior Citizens monitored complaints of domestic violence and worked with civil society to increase awareness about the law and connect women with available support services. The ministry operated a national hotline for victims of violence. On May 5, Minister Asma Sehiri stated the number of cases of violence against women, children, and the elderly increased seven times during the COVID-19 confinement period of March 22 to May 4, compared with the same period last year.

There were five centers dedicated to providing assistance to women victims of violence, one managed by the ministry and four by civil society organizations. Minister Sehiri stated the ministry dedicated a new shelter for 30 women victims of violence to help protect them from the spread of the coronavirus.

Sexual Harassment: The 2018 gender-based violence law includes a revised article related to sexual harassment. It allows up to a two-year sentence for the harasser and a 5,000-dinar ($1,840) fine, instead of the previous one year in prison. The law further clarifies that sexual harassment can include any act, gesture, or words with sexual connotation. It also expanded the definition of sexual harassment to include harassment in the street. The punishment is doubled if the victim is a child or the perpetrator has authority over the victim.

Reproductive Rights: Couples and individuals have the right to decide freely and responsibly the number, spacing, and timing of their children and to manage their reproductive health. They had access to the means and information to do so, free from discrimination, coercion, and violence. The UN Population Fund (UNFPA) reported that during the year, 22 of the 24 governorates in country provided reproductive health services, including skilled health attendance during pregnancy and childbirth, but the quality of care varied by region. Several centers were temporarily closed during the national COVID-19 lockdown from April through June. A survey of midwives revealed that approximately 50 percent of centers for sexual and reproductive health services reduced or suspended their operations after the beginning of the COVID-19 crisis. The UNFPA reported that in 2019 a skilled birth attendant facilitated approximately 99 percent of births.

The government provided access to sexual and reproductive health services for survivors of sexual violence through the Ministry of Justice, although services were often delayed.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: The constitution and law explicitly prohibit discrimination based on race, gender, disability, language, or social status, and the government generally enforced these prohibitions. Women faced societal rather than statutory barriers to their economic and political participation. Codified civil law is based on the Napoleonic code, although on occasion, judges drew upon interpretations of sharia (Islamic law) as a basis for customary law in family and inheritance disputes.

Newly married couples must state explicitly in the marriage contract whether they elect to combine their possessions or to keep them separate. Sharia inheritance law in some instances provides men with a larger share of an inheritance. Some families avoided the application of sharia by executing sales contracts between parents and children to ensure that daughters received shares of property equal to those given sons. Non-Muslim women and their Muslim husbands may not inherit from each other, unless they seek a legal judgment based on the rights enshrined in the constitution. The government considers all children of those marriages to be Muslim and forbids those children from inheriting from their mothers. Spouses may, however, freely give up to one-third of their estate to whomever they designate in their will.

Children

Birth Registration: Citizenship is derived by birth from one’s parents, and the law provides for a period of 10 days to register a newborn. Thereafter, parents have 30 days to explain why they failed to register a newborn and complete the registration. Female citizens can transmit citizenship on an equal basis with male citizens, and there is no discrimination between a mother and father regarding passport application and authorization to leave the country.

On July 16, the then minister of local affairs, Lotfi Zitoun, canceled a 1965 circular that prohibited the registration of a newborn under a non-Arabic first name.

Child Abuse: In 2019 UNICEF reported that 88 percent of children ages one to 14 were subjected to physical, verbal, or psychological violence in their homes and at school. In October 2019 the Ministry of Women, Family, Childhood, and Senior Citizens reported it received approximately 17,000 notifications related to child abuse cases, which the ministry attributed to “growing awareness among citizens about the need to denounce perpetrators of violence.” In May the ministry reported it had received 448 notifications regarding cases of children at risk during COVID-19 related shutdowns.

Child, Early, and Forced Marriage: The minimum age for marriage for both sexes is 18, but the courts may, in certain situations, authorize the marriage of persons younger than 18 upon the request and approval of both parents.

Sexual Exploitation of Children: Anyone who has sexual relations with a child younger than age 16 is subject to 20 years in prison with the possibility of a life sentence if there were aggravating circumstances, such as incest or the use of violence (see section 6, Women). The court may drop the charges of sex with a minor if the perpetrator agrees to marry the victim, with the approval of her parents.

The law prohibits child pornography.

In January 2019 authorities closed an unlicensed, privately run Quranic school in Regueb, Sidi Bouzid governorate, and arrested its director and administrators on charges of human trafficking, polygamy, and suspicion of belonging to a terrorist organization. Authorities reported many of the children were mistreated and were the victims of economic and sexual abuse. The public prosecutor initiated an investigation into the allegations of child exploitation, and a family judge ordered the transfer of the children to a state-run center in Tunis specializing in caring for children who were victims of abuse. In July 2019 the court sentenced one adult male who was affiliated with the school to 20 years in prison on charges of child sexual abuse. In February the 33 students from the Quranic school resumed their education in public schools. The president of the National Authority against Trafficking in Persons, Raoudha Laabidi, told media the students received medical, social, and psychological care prior to resuming their studies.

In March 2019 the Ministry of Women, Family, Childhood, and Senior Citizens reported that a teacher in Sfax was accused of sexually abusing 20 elementary school students. The ministry announced it would provide the children with psychological support. Subsequent to these allegations, the Ministry of Education indicated the initial investigation revealed these crimes took place outside the school and that, as a result, the ministry would suspend any teacher providing private classes outside of the educational framework. Media later reported that authorities issued an arrest warrant against the teacher, although as of December there were no updates to the investigation.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

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