Tunisia: Treatment by society and the authorities of Muslims who are in a relationship with a Christian individual (2012-November 2013)
Information on Islamo-Christian couples in Tunisia was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.
According to some sources, an administrative regulation dated 1973 forbids marriage between a Muslim woman and a non-Muslim man (UN 5 Nov. 2010, para. 60; ATFD Oct. 2010, 27). Other sources state that a non-Muslim man who wants to marry a [Muslim] Tunisian woman must first convert to Islam (La Presse 13 Aug. 2013; Le Temps 7 July 2010;). According to some sources, the regulation is still applied in Tunisia (ATFD Oct. 2010, 28; Vicar 2 Nov. 2013). Moreover, the websites of the Consulate of Tunisia in Montreal and Paris state that if a person requests the transcription of a marriage by the consulate, they must provide a number of documents, including a [translation] "certificate of conversion to Islam for the non-Muslim husband, issued by the 'mufti'" of Tunisia (Tunisia n.d.a, ibid. n.d.b).
The US Department of State's International Religious Freedom Report for July-December 2010 also explains that the Tunisian government forbids marriage between a Muslim woman and a non-Muslim man, unless the man converts to Islam or the marriage is performed abroad (US 13 Sept. 2011, 3). However, the government has "on occasion" refused to recognize such marriages, and couples have been forced to seek a court ruling to legitimize their marriage (ibid.). The Department of State also reports that cases are decided "arbitrarily," particularly when the family in Tunisia contests the foreign marriage (ibid.). Similarly, according to the Tunisian Association of Democratic Women (Association tunisienne des femmes démocrates, ATFD), an NGO in Tunis that defends the rights of women and promotes equality in civil and political, social, economic and cultural domains (ATFD n.d.), most Tunisian consulates refuse to transcribe marriages between Muslim Tunisian women and non-Muslim men that are performed abroad (ATFD Oct. 2010, 28). However, the association also states that for [translation] "several years" judges "have tended to validate" inter-religious marriages performed abroad, but they are not automatically transcribed to the civil status registries (ibid.).
During a telephone interview with the Research Directorate, the Vicar General of the Diocese in Tunis stated that there is no regulation forbidding the marriage of a Muslim man to a non-Muslim woman, and that there are many [translation] "mixed" couples in Tunisia (Vicar 2 Nov. 2013). He also stated that, based on his experience, most inter-religious marriages unite Christian women from abroad with Tunisian Muslim men (ibid.).
In correspondence with the Research Directorate, the head of the Islamo-Christian Research Group (Groupe de recherches islamo-chrétien, GRIC) in Tunis stated that [translation] "cohabitation or common law is not lawful in Tunisia and may be subject to a prison sentence" (10 Nov. 2013). Similarly, in correspondence with the Research Directorate, a representative of the ATFD stated that a [translation] "couple whose marriage is not [registered] incurs legal and other risks" (ATFD 13 Nov. 2013). The representative states that if a [translation] "type" of marriage is forbidden by a [translation] "circular," it is also forbidden for the marriage to be registered in the civil system (ibid.).
An international survey on the social and political views of Muslims, conducted by the Pew Research Center Forum on Religion and Public Life in 39 countries revealed that 30 percent of Muslims surveyed in Tunisia would be "very comfortable" or "somewhat comfortable" if their son married a Christian woman, and 13 percent would be "very comfortable" or "somewhat comfortable" if their daughter married a Christian man (Pew Research Center 30 Apr. 2013, 124). The survey was conducted in Tunisia in November and December 2011 based on a sample of 1,454 people who were representative of the national population (ibid.).
The International Religious Freedom Report for July-December 2010 states that Muslim men and non-Muslim women who are married cannot inherit from each other, and that children from those marriages cannot inherit from their mothers (US 13 Sept. 2011, 3). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
According to the Vicar, in the case of divorces between inter-religious couples, non-Muslim people are not victims of religious discrimination relating to the custody of the children, which may be granted to the father, the mother or the guardian, according to the decision of the judge (Vicar 2 Nov. 2013). However, he stated that children assume the religion of the father, who must be Muslim (ibid.). Other sources also state that the government considers the children of a Muslim father and a non-Muslim mother to be Muslim (US 13 Sept. 2011, 3; GRIC 10 Nov. 2013). With respect to the religion of a child, the Tunisian personal status code (Code de statut personnel) states the following:
[translation]
If the custodian has a different religion than that of the father of the child, their custodianship lasts only until the child reaches the age of five and as long as there is no risk that the child would be raised in another religion than that of the father.
The provisions of this article do not apply when the mother has custody (Tunisia 1956, Sec. 59).
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 for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Association tunisienne des femmes démocrates (ATFD). 13 November 2013. Correspondence from a representative to the Research Directorate.
_____. October 2010. Les droits des femmes en Tunisie : Rapport alternatif soumis au Comité des Nations-Unies pour l'élimination de la discrimination à l'égard des femmes. <http://www2.ohchr.org/english/bodies/cedaw/docs/ngos/ATFD_Tunisia_CEDAW47_fr.pdf> [Accessed 28 Oct. 2013]
_____. N.d. "Qui sommes-nous?" <http://femmesdemocrates.org/qui-sommes-nous/> [Accessed 5 Nov. 2013]
Groupe de recherches islamo-chrétien (GRIC) - Tunis. 10 November 2013. Correspondence by the head of the organization to the Research Directorate.
Pew Research Center. 30 April 2013. The Pew Forum on Religion and Public Life. The World's Muslims: Religion, Politics and Society. <http://www.pewforum.org/files/2013/04/worlds-muslims-religion-politics-society-full-report.pdf> [Accessed 28 Oct. 2013]
La Presse [Tunis]. 13 August 2013. Mohamed Laïd Ladeb. "Les droits de la femme sont les droits de tous." <http://www.lapresse.tn/13082013/71095/les-droits-de-la-femme-sont-les-droits-de-tous.html> [Accessed 28 Oct. 2013]
Le Temps [Tunis]. 7 July 2010. "La conversion à l'Islam du 'marié' : une condition sine qua non; mais surtout un acte de foi." <http://www.letemps.com.tn/article-44891.html> [Accessed 4 Nov. 2013]
Tunisia. 1956. Code de statut personnel. <http://www.e-justice.tn/fileadmin/ fichiers_site_francais/codes_juridiques/Statut_personel_Fr.pdf> [Accessed 28 Oct. 2013]
_____. N.d.a. Consulate of Tunisia in Montréal. "Pièces à fournir pour la transcription de mariage." <http://www.ambassade-tunisie.ca/pdf/formulaire-transcription-de-mariage.pdf> [Accessed 28 Oct. 2013]
_____. N.d.b. Consulate General of Tunisia in Paris. "Les transcriptions." <http://cgt-paris.diplomatie.gov.tn/index.php?id=66> [Accessed 28 Oct. 2013]
United Nations (UN). 5 November 2010. Convention on the Elimination of all Forms of Discrimination Against Women. Examen des rapports présentés par les États parties en application de l'article 18 de la Convention. (CEDAW/C/TUN/CO/6) <http://daccess-ods.un.org/TMP/5840189.4569397.html> [Accessed 28 Oct. 2013]
United States (US). 13 September 2011. Department of State. "Tunisia." July-December, 2010 International Religious Freedom Report. <http://www.state.gov/j/drl/rls/irf/2010_5/168277.htm> [Accessed 28 Oct. 2013]
Vicar General, Diocese of Tunis. 2 November 2013. Telephone interview with the Research Directorate.
Additional Sources Consulted
Oral sources: Representatives of the Embassy of Tunisia in Ottawa and of the Association tunisienne de soutien des minorités were unable to provide information. Attempts to contact representatives of the following organizations were unsuccessful: Association des femmes tunisiennes pour la recherche sur le développement; Association Tunisie tolérance; Consulate of Tunisia in Montreal; Faculty of Law, Université de Jendouba; Union nationale de la femme tunisienne.
Internet sites, including: Agence Tunis Afrique Presse; AllAfrica; Association tunisienne des femmes démocrates; Center for Research, Studies, Documentation and Information on Women; Centre d'études maghrébines à Tunis; Chrétiens de la méditerranée; The Christian Post; Factiva; France – Consul général de France in Tunis; Institut de la recherche sur le Maghreb contemporain; Magharebia; Le Monde; Portes ouvertes France; Slate Afrique; The Tunis Times; Tunisia – Centre d'études et de recherches économiques et sociales, Portail du gouvernement, Portail de la femme tunisienne; United Nations – Office of the High Commissioner for Human Rights; Refworld; United States – Department of State, US Commission on International Religious Freedom; Université de Tunis.