LGBT rights in Tunisia

From the end of the 18th century to the start of the 19th century, gay men held social roles in Tunisia similar to those in other parts of the Muslim world despite ongoing stigmatisation. They served as intermediaries between masculine and feminine spaces during wedding celebrations, were invited in men's houses in the presence of their wives, and could enter in private spaces reserved for women in a similar status to the blind.[5]

In 2008, the Government of Tunisia was one of the co-sponsors of an opposing statement to the 2008 United Nations General Assembly resolution and declaration calling for the decriminalization of same-sex sexual intercourse worldwide.[6]

During the rule of Zine El Abidine Ben Ali from 1987 to 2011, the regime filtered gay and lesbian information and dating pages.[7]

After the Tunisian Revolution and the 2011 Tunisian Constituent Assembly election, the then-Minister for Human Rights and Transitional Justice, Samir Dilou, remarked on national television that homosexuality was not a human rights issue, but a condition in need of medical treatment.[8][9] Amnesty International condemned this statement.[8][9] In June 2012, the Government rejected the United Nations Human Rights Council's recommendation to decriminalize same-sex intercourse, arguing it was a Western concept at odds with Islam, Tunisian culture, and traditions.[8] Critics have argued the anti-gay legislation was passed under French Tunisia, though France itself had no such laws at the time.[8]

Association Shams has long advocated for the repeal of article 230. Several civil organizations, such as the Tunisian Association of Democratic Women, have also been pushing for its repeal.[21]

In June 2012, Human Rights Minister Samir Dilou rejected the recommendation of the United Nations Human Rights Committee for Tunisia to decriminalize same-sex sexual acts, stating that the concept of "sexual orientation is specific to the West" and is overridden by Tunisian law, which "clearly describes Tunisia as an Arab Muslim country". In response, Amanullah De Sondy, Assistant Professor of Islamic Studies at the University of Miami said, "It appears that the minister is stating that Article 230 is about upholding Islam yet it is a French Colonial law that was imposed on Tunisia in 1913 and has nothing to do with Islam or Tunisian Arab traditions."[22]

In 2014, a campaign was launched on Facebook to repeal the criminal laws used against LGBT people in Tunisia. A representative of this campaign expressed an interest to create a registered group in Tunisia to campaign for these legal reforms. Several NGOs in Tunisia, including the Tunisian Association of Democratic Women, asked the Government to repeal the criminal law against homosexuality.[11]

In October 2015, Justice Minister Mohammed Saleh bin Aissa called for the abolition of Chapter 230 of the Penal Code, but was quickly rebuked by the President of Tunisia, Beji Caid Essebsi, who said, "This will not happen."[23]

The international non-governmental organisation Human Rights Watch published a report in March 2016 urging the Tunisian Government to decriminalise consensual same-sex conduct and noting that the ongoing discrimination against gay men and men perceived to be homosexual were subject to grave human rights abuses "including beatings, forced anal examinations, and routine humiliating treatment." Much of the report was informed by the treatment of the "Kairouan Six", six students in Kairouan who were detained and punished under Article 230.[24]

On 15 June 2018, the Individual Freedoms and Equality Committee (COLIBE), a presidential committee composed of legislators, professors and human rights advocates, recommended to President Beji Caid Essebsi the decriminalization of homosexuality in Tunisia. MP Bochra Belhaj Hmida told NBC News that the committee's recommendation regarding homosexuality "is the outright repeal of article 230." The committee did propose a second option, which is lowering the punishment to a fine of 500 dinars (around $200) and no risk of jail time.[4] The committee wrote in its report: "The state and society have nothing to do with the sexual life amongst adults' … sexual orientations and choices of individuals are essential to private life."[25]

The commission's proposal faces strong opposition from social conservatives, who claim it would "eradicate Tunisian identity" and have likened it to "intellectural [sic] terrorism".[26]

In March 2011, Tunisia's first online magazine for the country's LGBT community, Gayday Magazine, was launched.[50] Running stories and interviews related to the country's community, the publications covers consisted on English and French titles. In 2012, Gayday was hacked, as homophobic hackers took over the publication's email, Twitter and Facebook accounts.[51] These attacks took place at the height of an international campaign of which Gayday Magazine is a part, to raise awareness about the massacre of emo and gay people in Iraq.

Fadi Krouj is the editor-in-chief and creator of Gayday Magazine. Commenting on the International Day Against Homophobia, Transphobia and Biphobia in 2012, Fadi said: "The Tunisian LGBT community in Tunisia has started to mobilize and discreetly form its support-base. Reactions to the thus far mainly online activism were met with radical, homophobic statements from the current Minister of Human Rights, Samir Dilou. He described homosexuality as a mental illness that requires treatment and isolation, and described social values and traditions as red lines not to be crossed."[7]

A number of Tunisian films have addressed same-sex attraction: Man of Ashes (1986),[52] Bedwin Hacker (2003),[53] Fleur d'oubli (2005), The String (2010),[54] and Histoires tunisiennes (2011).

In January 2018, the Mawjoudin Queer Film Festival successfully took place. It was organized by the Mawjoudin association, and was the first ever film festival celebrating the LGBT community in Tunisia and all of North Africa.[4][55] The second edition of the festival was held on 22–25 March 2019 in downtown Tunis.[56][57]

Male prostitution occurs in Tunisian tourist resorts. In 2013, Ronny De Smet, a Belgian tourist, was sentenced to three years in prison for attempted homosexual seduction in what he believes was a sting operation by local police to extort money. De Smet was released three months later.[58]