Tunisia human rights record
Tunisia, Culture, 3/10/2001

A report by the US government on human rights describe the current various conditions in Tunisia. Here are some excerpts from the report.

Tunisia is a republic dominated by a single political party. President Zine El-Abidine Ben Ali and his Constitutional Democratic Rally (RCD) party have controlled the Government, including the legislature, since 1987. This dominance was reaffirmed in an overwhelming RCD victory in the October 1999 legislative and presidential elections, although 1999 revisions to the Constitution allowed two opposition candidates to run against Ben Ali in presidential elections, the first multicandidate presidential race in the country's history.Approximately 20 percent of representation in the Chamber of Deputies is reserved for opposition parties (34 of 182 seats), up from approximately 12 percent (19 of 163 seats) in the previous Chamber, which was elected in 1994. The President appoints the Prime Minister, the Cabinet, and the 24 governors. The executive branch and the President strongly influence the judiciary, particularly in sensitive political cases.

The Government reported that only 6.2 percent of citizens fell below the poverty line, and that more than 80 percent of households owned their own homes.

The country has a high level of literacy (91.1 percent of adults between the ages of 15 and 24 in 1999), low population growth rates (under 1.2 percent in 1999), and wide distribution of basic health care. The Government devotes over 60 percent of the budget to social and development goals.

The Government generally respected the rights of its citizens in some areas, particularly regarding the rights of women and children, and it also took modest steps to allow a greater diversity of views in the media; however, the Government's record remained poor in other areas, and significant problems remain. There are significant limitations on citizens' right to change their government. The ruling RCD Party is firmly intertwined with government institutions throughout the country, making it extremely difficult for opposition parties to compete on a level playing field.

The October 1999 presidential and legislative elections marked a modest step toward democratic development, with opposition presidential candidates allowed to run for the first time, and opposition parties generally freer to campaign; however, while observers agree that the outcome of the elections generally reflected the will of the electorate, the campaign and election processes greatly favored the ruling party, and there was wide disregard for the secrecy of the vote, in which Ben Ali won 99.44 percent of the ballots cast for President.

There were reports of two extrajudicial killings by police. Members of the security forces tortured and physically abused prisoners and detainees. The Government asserts that police officials who commit abuses are disciplined, but there have been no documented cases in which security officials were disciplined for such abuse.

Prison conditions range from Spartan to poor. Security forces arbitrarily arrest and detain persons. Lengthy pretrial detention and incommunicado detention are problems. Provisions enacted in 1999 to lower the maximum incommunicado detention period and require authorities to notify family members at the time of arrest are not enforced evenly.

The judiciary is subject to executive branch control, lengthy delays in trials are a problem, and due process rights are not always observed; however, in July the Government set up a new court to oversee the proper administration of sentences.

The Government infringed on citizens' privacy rights, including by intercepting mail and interfering with Internet communication. Security forces also monitored the activities of government critics and at times harassed them, their relatives, and associates.

The Government continued to impose significant restrictions on freedom of speech and of the press, although there was limited easing of press restrictions during the year. Journalists practice self-censorship. The Government demonstrated a pattern of intolerance of public criticism, using criminal investigations, judicial proceedings, and travel controls (including denial of passports) to discourage criticism and limit the activities of human rights activists.

The Government continued to use the mandatory prescreening of publications and control of advertising revenue as a means to discourage newspapers and magazines from publishing material that it considered undesirable. The Government regularly seized editions of foreign newspapers containing articles that it considered objectionable.

However, the Government eased its restrictions somewhat in a few areas; several foreign journals returned to newsstands during the year after being banned from sale following articles critical of the October 1999 presidential and legislative elections. The Government also improved access to the Internet and continued to broadcast a monthly public affairs program that permitted citizens to debate issues with government officials.

The Government restricts freedom of assembly and association. The Government limits partially the religious freedom of members of the Baha'i faith.The Government does not permit proselytizing.

The Government continued to restrict the freedom of movement of government critics and their family members.

The Government subjected members of the Tunisian Human Rights League (LTDH) and other human rights activists to harassment, interrogation, property loss or damage, and denial of passports. The Government closed the headquarters of the LTDH on November 27 and replaced its board with a judicial administrator pending a scheduled January 2001 hearing. Four LTDH members filed a complaint that the LTDH's national congress elections that were held in October did not follow LTDH by-laws and were illegal. The Government barred meetings by LTDH board members in the interim. The Government continued to meet with the LTDH, but still refused to approve the registration of the National Council for Liberties (CNLT) nongovernmental organization (NGO) and continued to prosecute CNLT members. CNLT spokesman Moncef Marzouki was sentenced to a 1-year prison term for maintaining an illegal organization and distribution of false news for writing a paper for a human rights conference held in Morroco that criticized the Government's National Solidarity Fund charity for lack of transparency. The Government permitted observers from several international human rights groups to attend trials of human rights activists.

According to an LTDH communique, Riadh Ben Mohamed J'day was beaten to death while he was held in police detention on September 17. The Government claimed that J'day committed suicide by hanging himself by his shirt from the bars in his cell, and that he died on the way to the hospital. The LTDH reported that El-Aid Ben Salah's cellmates beat him to death on June 10 and that, despite his cries, prison guards did nothing to save him. The Government stated that it has opened an investigation into Ben Salah's death.

There were no reports of politically motivated disappearances.

The Penal Code prohibits the use of torture and other cruel, inhuman, or degrading treatment or punishment; however, security forces routinely used various methods of torture to coerce confessions from detainees. The forms of torture included electric shock; submersion of the head in water; beatings with hands, sticks, and police batons; cigarette burns; and food and sleep deprivation. Police also reportedly utilized the "rotisserie" method: Stripping prisoners naked, manacling their wrists behind their ankles, and beating the prisoners while they were suspended from a rod. A 1999 CNLT report on prison conditions described other forms of torture, including the falaqa, which consists of suspending a prisoner by the feet and severely beating the soles of the feet; suspension of a prisoner from the metal door of his cell for hours on end until the prisoner loses consciousness; and confinement of the prisoner to the "cachot," a tiny, unlit cell.

In 1999 the Government also shortened the maximum allowable period of prearraignment incommunicado detention from 10 to 6 days and added a requirement that the police notify suspects' families on the day of their arrest. However, credible sources claimed that the Government rarely enforces the new provisions.

Human rights advocates maintain that charges of torture and mistreatment are difficult to substantiate because government authorities often deny medical examinations until evidence of abuse has disappeared. The Government maintained that it investigates all complaints of torture and mistreatment filed with the prosecutor's office and claimed that alleged victims sometimes publicly accused authorities of acts of abuse without taking the steps required to initiate an investigation. For example, Abdelmounim Belanas, who was convicted in 1999 of membership in the Tunisian Communist Workers Party (PCOT) and was released in June, claimed that he filed two complaints against the Government for torture that he was subjected to in 1995, 1997, and 1999, but that both of his complaints were dismissed.

On April 25, police attacked human rights activists and attorneys as they left the Saint Augustin Clinic where Ben Brik was holding a hunger strike.

Police beat LTDH vice presidents Fadhel Ghedamsi and Khemais Ksila, Ksila's wife Fatma, attorney Chawki Tabib, and CNLT member Omar Mestiri in the attack.Khemais Ksila suffered a fractured vertebra and his wife suffered bruises to her back as she attempted to stop police from beating her husband, who was knocked unconscious from blows to the top of his spinal column.

The Government does not permit international organizations or the media to inspect or monitor prison conditions.

The Constitution provides for an independent judiciary; however, the executive branch and the President strongly influence the judiciary. In practice the judicial branch is part of the Ministry of Justice and the executive branch appoints, assigns, grants tenure to, and transfers judges. In addition the President is head of the Supreme Council of Judges. This situation renders judges susceptible to pressure in politically sensitive cases.

The Government infringed on citizens' privacy rights. The Constitution provides for the inviolability of the person, the home, and for the privacy of correspondence, "except in exceptional cases defined by law." The law requires that the police obtain warrants to conduct searches; however, police sometimes ignore the requirement if authorities consider that state security is at stake or that a crime is in progress. For example, human rights activist Mohamed Hedi Sassi claimed that his home was ransacked in January while he was held in police custody for failing to stop for an unmarked police car.

Authorities may invoke state security interests to justify telephone surveillance. There were numerous reports of government interception of fax and computer-transmitted communications. The law does not authorize explicitly these activities, although the Government has stated that the Code of Criminal Procedure implicitly gives investigating magistrates such authority.

Many political activists experience frequent and sometimes extended interruptions of residential and business telephone and fax services.

Although several independent newspapers and magazines--including several opposition party journals--exist, the Government relies upon direct and indirect methods to restrict press freedom and encourage a high degree of self-censorship. Primary among these methods is "depot legal," the requirement that printers and publishers provide copies of all publications to the Chief Prosecutor, Ministry of Interior, and Ministry of Culture prior to distribution.

The Government has not permitted the Tunisian Bar Association to publish its internal bulletin since July 1999.

The Government since 1994 has refused to allow Amnesty International's Tunisia chapter to distribute textbooks on human rights written for high school students. However, the RSP party's sporadically published newspaper issued two editions with critical and extensive coverage of human rights issues.

Jjournalists active in human rights organizations reported that they were under police surveillance for weeks at a time . Two journalists reported that they were fired in July due to government pressure after they wrote articles that the Government deemed offensive.

The Government encouraged greater use of the Internet and lowered Internet user fees and telephone connection fees again during the year.

The Government limits academic freedom. Like journalists, university professors indicated that they sometimes practiced self-censorship by avoiding classroom criticism of the Government or statements supportive of the An-Nahda movement

The Constitution provides for freedom of assembly; however, the Government imposes some restrictions on this right. Groups that wish to hold a public meeting, rally, or march must obtain a permit from the Ministry of Interior by applying no later than 3 days in advance of the proposed event and submitting a list of participants. The authorities routinely approve such permits for groups that support government positions, but often refuse permission for groups that express dissenting views.

Islam is the state religion. The Constitution provides for the free exercise of other religions that do not disturb the public order, and the Government generally observes and enforces this right; however, it does not permit proselytizing.The Government recognizes all Christian and Jewish religious organizations that were established before independence in 1956. Although the Government permits Christian churches to operate freely, only the Catholic Church has formal recognition from the postindependence Government.The other churches operate under land grants signed by the Bey of Tunis in the 18th and 19th centuries, which are respected by the postindependence Government. The Government regards the Baha'i Faith as a heretical sect of Islam and permits its adherents to practice their faith only in private.

Islamic religious education is mandatory in public schools; however, the religious curriculum for secondary school students also includes the history of Judaism and Christianity.

The Government controls and subsidizes mosques and pays the salaries of prayer leaders.

The Government cooperates with the office of the U.N. High Commissioner for Refugees (UNHCR) in assisting refugees. The Government acknowledged the UNHCR's determination of refugee status, which was accorded to 450 individuals during the year.

The 182-seat Chamber of Deputies does not function as a counterweight to the executive branch; rather, it serves as an arena in which the executive's legislative proposals are debated prior to virtually automatic approval. Debate within the Chamber is often lively and government ministers are summoned to respond to deputies' questions, although heated exchanges critical of government policy are not reported fully in the press. Regardless of the debate, the Chamber has a history of approving all government proposals.

The Chamber that emerged from the October 1999 parliamentary elections was more pluralistic than the Chamber in place from 1994 to 1999, as October 1998 changes in the Electoral Code reserved 20 percent of the seats for the opposition parties, distributed on a proportional basis to those parties that did not win directly elected district seats. Five opposition parties currently hold 34 of 182 seats, or nearly 19 percent, compared with 4 opposition parties with 19 of 163 seats, or 12 percent, in the previous Parliament. The remaining 81 percent of the seats were contested in winner-take-all, multiseat district races, in which the ruling party won all 148 directly elected seats, up from 144 in the previous Parliament. Opposition politicians recognized that the electoral changes ensured them more seats than they could have won in a popular election.

The Tunisian Human Rights League is the most active independent advocacy organization, with 41 branches located throughout many parts of the country. The organization receives and researches complaints and protests individual and systemic abuses. The Government continued to maintain the regular contact with the LTDH that it established in 1999.

The Constitution provides that all citizens shall have equal rights and responsibilities and be equal under the law, and the Government generally upholds these rights in practice.

A 1998 presidential decree created a national fund to protect the rights of divorced women, ensuring that the State would provide financial support to women whose former husbands refused to make child support and alimony payments. Women are entering the work force in increasing numbers, employed particularly in the textile, manufacturing, health, and agricultural sectors. According to 1999 government statistics, women constituted 29 percent of the work force; there are an estimated 2,000 businesses headed by women. Women constitute 37.1 percent of the civil service, employed primarily in the fields of health, education, and social affairs, at the middle or lower levels. Women constitute 60 percent of all judges in the capital and 24 percent of the nation's total jurists. Approximately 50.4 percent of university students enrolled in the 1999-2000 academic year were women. The law explicitly requires equal pay for equal work. The Government includes equal opportunity for women as a standard part of its audits of all government ministries, agencies, and state-owned enterprises.

The Government demonstrates a strong commitment to public education, which is compulsory until age 16.

The law prohibits discrimination based on disability and mandates that at least 1 percent of the public and private sector jobs be reserved for the disabled. All public buildings constructed since 1991 must be accessible to physically disabled persons.Many cities, including the capital, have begun to install wheelchair access ramps on city sidewalks. There is a general trend toward making public transportation more accessible to disabled persons. The Government issues special cards to the disabled for benefits such as unrestricted parking, priority medical services, preferential seating on public transportation, and consumer discounts.

The law prohibits forced or compulsory labor by either adults or children, and it is not known to occur. The Government abolished forced and compulsory labor in 1989.

Violence against women occurs. The Government continued to demonstrate its strong support for the rights of women and children.The Government took strong measures to reduce official discrimination, including equal opportunity for women as a standard part of its audits of all governmental entities and state-owned enterprises; however, such measures are not extended to the private sector. Child labor persists. Child labor continues to decline, due principally to government efforts to address the problem.

Previous Stories:
  A new chairman for the Tunisian human rights   (11/2/2000)
  Tunisian human rights organization blames authorities for death of three citizens   (9/27/2000)
  Tunisia bans human rights officials   (7/12/2000)
  Ruling party wins most seats in Tunisian municipal elections   (5/30/2000)
  Tunisia to have its first municipal elections   (5/26/2000)

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