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There are reports of human rights abuses in Tunisia. There are significant limitations on freedom of expression. The Government takes actions against individual repoters and newspapers. Reports indicate the arrests of human rights proponents and political opponents. The judiciary is not independent and their are repots of unfair trials. Much of the complaints about human rights abuses relate to the security aparatus and its use to supress political dissent. Critics charge that there are a substantial number of political prisoners who are subject to misstreatment and torture. The problem with assessing Tunisia is how to defertiate between restrictions designed to combat terrorism and the rise of theocratic government from efforts to restrict legitimate democratic dissent. While Tunisia has made little progress with political reforms, the Government has made considerable program with economic reforms considerably expanding economic rights. The reforms have made Tunisia the most sucessful Arab economy not based on oil. The Tunisian Government guarantees equal legal rights to women, There are, however, concerns over thetreatment of women. Human rights observers report a generally amicable relationship among religions groups in Tunisia.
Tunisian history is a succession of invasions by a colorful series of rulers. Tunisian history begins with settlement of coastal areas by Phoenician traders (10th century BC). Carthage was the principal Phoenician colony and began to emerge as a major Mediterranean power, in part because of its strategic location (6th century BC). The Punic Wars (264 BC-146 BC) between Carthage and Rome were one of the epic struggles of history. Rome destroyed Carthage and Tunisia was absorbed by the Romans (2nd century BC). The area of modern Tunisia along with the rest of North Africa became the principal Roman granaries. After the fall of Rome, the Vandals seized Tunisia (5th century AD). The Byzantines gained control (6th century). The Arabs conquered Tunisia and founded Al Qayrawan (7th century). The area was called Ifriqiya. The Arabs converted the Berber population to Islam. Successive Muslim dynasties ruled Ifriqiya, but they were confronted with periodic Berber rebellions. The reigns of the Aghlabids (9th century was followed by the Zirids (972- ). Berber followers of the Fatimids achieved considerable prosperity. The Zirids angered the Fatimids in Cairo (1050) resulting in punishing attacks. Tunisia was affected by the Viking expansion. The Normans who seized Sicily also seized the neigboring coast of Tunisia (12th century). The Almohad caliphs of Morocco seized Tunisia (1159). Next came the Berber Hafsids under whom Tunisia prospered (about 1230–1574), under whom Tunisia prospered. Tunisia became part of the Ottoman Empire, but was largely autnomous. Tunis became a major port of the Barbary Pirates. Then the French made it a protectorate (1881). Nationalist sentiment geww under French rule. Tunisia was a major World War II battlefield. The Tunisians obtained independence (1955-56). Tunisian leaders influenced by socialist idelogy created aone-party state and attempted to control the econonomy and wasted resource in state comanies and collectivized agriculture resulting in economic failure. Suibsequently the country has turned to free market reforms and become one of the most successful ecomies in Africa and the Middle Wast. Less propgress has been made in moving toward political democracy.
Tunisia's ruling party, the Constitutional Democratic Assembly, dominates the country's political life. With independence Tunisia set up a one-party system, not recognizing the vlue of democracy. In recent years, the government hs used the threat of terrorism and religious extremism to justify the limitations on dissent.
The country continues to be a one-party authoritarian sate. President Zine el-Abidine Ben Ali was relected for a fourth five-year term (October 24, 1994). He reportedly receive 94.5 percent of the vote. He had to have the Constitution amended to remove a three term limit (2002). The same amendment also conferred permanent immunity to the head of state for any acts connected with official duties.
Two candidates in the 2004 election actually endorsed President Ben Ali, a rather unusual step. The only real opposition candidate, Mohamed Halouani, was banned from printing and distributing election material.
Halouani’s supporters were allowed to stage a protest march in Tunis (October 21, 2004 ). This was a vey unusual event in Tunisia. Halouani reportedly received less than 1 percent of the vote, although the accuracy of the election results is unknown. Other opposition parties boycotted the elections as unfair. The ruling party also won all of the 152 contested district seats in parliament. In Tunisia the Government reserves 37 seats for other parties.
Tunisia since independence has exhibited a basic intolerance for political dissent.
There are significant limitations on freedom of expression in Tunisia. Tunisians enjoyed greater freedom of expression under French rule than after independence. The Tunisian Government restricts a range of rights including freedom of association and expression. Government critics are harassed by the security services.
The Government takes actions against individual repoters and newspapers. Individuals have been tried on sometimes trumped-up charges abd subjected to unfair trials. Islamists have been a target of Government controls. This raises a difficult action. How to treat Islmicists who would institute severe restictions on political expression if they are allowed to seize power. Should they be treated the same way as the democratic opposition. It is a difficult issue that human rights groups often ignore.
The Tunisian economy is based largely on oil, phosphates, agriculture, and tourism. Tunisia became independent under the rule of men committed to socialism involving investment in state corporaions and economic controls. Impressed with the Soviet model the government even attempted to collectivize agriculture. Here ideology seems to have been the prime mover because any assessment of Soviet agriculture showed only abject filure. The collectivization effort proved widely unpopular and farm production declined.
The overall economic result of stae management of the economy was economic failure. Those who had expected independence to bring economic development and growth were bitterly disappointed. Living standards actually declined after independence. Higher prices for phosphates and oil and growing revenues from European tourism stimulated growth in the 1970s, but the Government's an emphasis on protectionism and import substitution led to various inefficiencies. Tunisia has received economic assistance from the United States and European Union as well as investment from other Arab countries. Tunisia has launched upon a progrm of economic reform and liberalization. The economic reforms seem to be working. The country now reported a degree of sustained economic growth. Tunisia has become an economic success story. It is one of the few developing countries in Africa or the Middle East that has managed to move into the "middle income" category.
Tunisia now enjoys high levels of business freedom, monetary freedom, fiscal freedom, freedom from government economic interevention, and labor freedom. It stands out starly in the Middle East and it is no accident that economic progress exceeds that of other Middle Eastern countries with the exception of the oil-based economies. Economic analyists rank Tunisia as the most competitive economy in Africa. [World Economic Forum] Tunisia has also been ranked the most competitive in the Arab World and 29th country globally. This is a major achievemnent for a country which began its independent existance with stringent state controls.
The principle of equal legal rights for men and women is ensrined in the Tunisian constitution.
Article 6 of the Constitution states: "All citizens have the same rights and the same duties. They are equal before the law". Articles 20 and 21 recognize the right of women to vote and to stand for public office.
The Code of Personal Status enacted at the time if independence abolished polygamy, instituted judicial divorce, set the minimum age for marriage at 17 for women and made it contingent upon their own consent, and gave widows the right to custody of their minor children. (August 13, 1956). Further mesures were enacted to strengthen the legal equality of Tunisian women, including efforts to do away with gender discrimination and establishing partnership between spouses, for the benefit of children and the family. There are, however, continuing concerns over thetreatment of women. Tunisia has a secular constitution. Family and inheritance law is codified in secular law. Civil law judges, however, are known to apply Shari'a law in family cases where secular law conflicted with Shari'a law. This appears to be especially the case in cases involving child custody. Tunisian civil laws gives women the legal right to custody over minor children. Judges sometimes do not allow mothers to leave the country with children involved in sustody disputes.
The justification is that Shari' a designates the father as the head of the family. And he must grant children permission to travel. Judges also apply Shari'a rules based on the Korn that designate larger inheritnce shares to sons than daughters. Some families have avoided Shari' a inheritance rules through sales contracts ensuring that daughters received equal shares of inherited property.
The Tunisian Constitution provides for the free exercise of religions that do not disturb the public order. The Government generally respects religius freedom. There are, however, some limitations. The Constitution establishes Islam as the country's official state religion. The President must be a Muslim.
The Government does not permit the establishment of religious-based political parties. Proselytizing is prohibited. Te Government prohibits the wearing of Islamic headscarves (hijab) in government offices and it discourages women from wearing the hijab in public and at certain public gatherings. Human rights observers report a generally amicable relationship among religions groups in Tunisia.
Tunisia has a serious problem with corruption. While generally less than in other African and Middle Eastern countries, it is high in comparison to developed countries. Tunisia was ranked 43rd out of 158 countries. [Transparency International, 2005] Tunisia has become a country on the borderline between countries that do and do not have a serious corruption problem. This correspons to Tunisia's economic progress and entrance into "middle income" economic category.
Reports indicate the arrests of human rights proponents and political opponents. There are no reports of politically inspired killings by the security services, but some the Government or its agents, but there are occasional instances of indivuals dieing in custody.
The judiciary is not independent and most judges carefully toe the Governmnt line. Judge Mukhtar Yahyaoui has been labeled as "le juge rebelle" in the francophone press. He is a rare voice in the Arab world for an independent judiciary and for the rule of law. He has been targetted by the Government. There are repots of both trumped-up procecutions and unfair trials. Critics charge that torture is used to obtain statements from suspects. political prisoners are also subject to misstreatment and torture. We have seen varying estimsates of the number of prisoners from about 400-2,000. The number probably reflects variations over time. Human rights charge that prisoners are abused.
Tunisian law as in other Muslim countries makes homosexual acts illegal. Article 230 of the Penal Code of 1913 ( modified in 1964) decrees a punishment of up to 3 years for sodomy between consenting adults.
The Appeal Court of Tunis dismissed a request by a transsexual to change her legal status from male to female (1993). The Tunisian government tightly censors the internet and in addition to blocking sites containing political opposition, Governmen censors also filter pornography and gay-related material. While there are instnces of harassment and imprisonment of homosexuals in Tunisia, there is a degree of toleration in Tunisia beyond that of many other Muslim countries.
Transparency International. Corruption Perceptions Index (2005).
World Economic Formum. Global Competitiveness Report (2007).
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