Tunisia: The problems a young Muslim man would encounter within his family, in society and especially at the hands of religious leaders if he said that he was a non-believer and refused to observe the precepts of Islam; state protection, if any, available to such a person
Islam is the state religion in Tunisia (International Religious Freedom Report 2002 7 Oct. 2002). The Constitution provides for the free exercise of other religions, as long as they "do not disturb the public order" (ibid.). The vast majority of Tunisians are Muslims, but the number of non-practising Muslims and atheists is unknown (ibid.). The government controls the appointment of religious leaders and maintains tight surveillance over members of the Islamic fundamentalist community (Country Reports 2002 31 Mar. 2003, Sec. 2.c).
The Tunisian government prohibits the establishment of political parties based on religion, refuses to issue passports to "Islamists and fundamentalists," forbids the wearing of the hijab in government offices, and questions Muslims who go to mosques frequently (ibid.). However, the government has punished individuals who converted to another faith from Islam by denying them the ability to obtain a passport, vote, and enlist in the military (International Religious Freedom Report 2002 7 Oct. 2002). Few Muslims choose to convert to another faith, and those who do may face social ostracism (ibid.).
In an article entitled "Le délit d'apostasie aujourd'hui et ses conséquences en droit arabe et musulman," which describes the offence of apostasy and its consequences under Arab and Muslim law, professor Sami A. Aldeeb Abu-Sahlieh states that the Tunisian personal status code contains no references to apostasy (Islamochristiana 1994). However, the shariah prohibits marriage in the case of apostasy, and this prohibition is included in the personal status code (ibid.).
A member of the Tunisian Human Rights League (Ligue tunisienne des droits de l'homme, LTDH) provided the following information during a 9 February 2004 telephone interview. The ideas expressed represent her personal point of view as a Tunisian and not the views of her organization. Tunisians society is made up of believing and practising Muslims. People rarely state publicly that they are non-believers; their convictions are personal and private. For example, during Ramadan, many Tunisians ignore the fasting tradition, but, for the most part, they are discreet about it and eat indoors rather than out in public. Some restaurants are open in the day during Ramadan. Rather than participating in the five daily prayers, many people attend the public prayers held on Fridays. A family's reaction to the secularity of one of its members depends on the family. Generally speaking, however, a young man who refuses to observe the precepts of Islam would not suffer any serious consequences other than shocking his parents. He would probably also have fewer problems if he lived in the city rather than in the country.
If people were to publish their atheist views in a newspaper, they might [translation] "arouse a fierce controversy" in the Muslim community, but that would depend on a number of factors, such as the type of newspaper and the kind of arguments expressed. The government is officially responsible for protecting people who fear retaliation on the part of "Islamists." However, state protection is not always effective (especially with respect to human rights defenders, for example). Members of the Communist Party (which has close ties with the current government) face no negative consequences as a result of their unbelief. In Tunisia, the government reportedly represses Islamists and not non-believers. The government therefore tends to be more inclined to protect atheists attacked by Islamists than to defend Islamists.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
Country Reports on Human Rights Practices for 2002. 31 March 2003. United States Department of State. Washington, DC. <http://www.state.gov/g/drl/rls/hrrpt/2002/18290.htm> [Accessed 5 Feb. 2004]
International Religious Freedom Report 2002. 7 October 2002. United States Department of State. Washington, DC. <http://www.state.gov/g/drl/rls/irf/2002/14016.htm> [Accessed 5 Feb. 2004]
Islamochristiana [Rome]. 1994. Vol. 20. Sami A. Aldeeb Abu-Sahlieh. "Le délit d'apostasie aujourd'hui et ses conséquences en droit arabe et musulman." <http://www.lpj.org/Nonviolence/Sami/articles/frn-articles/apostasy.htm> [Accessed 5 Feb. 2004]
Tunisian Human Rights League (LTDH), Tunis. 9 February 2004. Telephone interview with a member.
Additional Sources Consulted
Attempts to reach the Research Institute on Contemporary Maghreb (Institut de recherche sur le Maghreb contemporain, IRMC) were unsuccessful within the time constraints for this Response.
IRB Databases
Internet sites, including:
Adherents.com
Amnesty International
L'Autre Tunisie
Freedom House
Human Rights Internet
Human Rights Watch
Maghreb des droits de l'homme
Le Monde
Mouvement des Maghrébins laïques de France
Zeitouna
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