There is no precise definition for the concept of minorities in Tunisian legislation, whether ethnic, racial, religious, or linguistic. While religious diversity in Tunisia is encapsulated within groups including Sunni Muslims, Shia Muslims, Ibadi Muslims, Christians, Jews, and Bahá’ís (in addition to non-religious and atheist groups), the term “minorities” first appeared in Tunisian legislation in 2013 through Decree No. 4522 dated November 12, 2013, which pertains to the organization of the Ministry of Religious Affairs. Section 12 of the decree states:

“The Office of Relations with Organizations and Associations and coordination with structures overseeing the affairs of religious minorities is tasked with overseeing the files related to organizations and associations related to the activities of the ministry and preparing periodic reports on the work and activities of these organizations and associations.”

Some legal texts implicitly mentioned minorities, such as Decree No. 115 of 2011 dated November 2, 2011, concerning freedom of the press, printing, and publishing. This text uses language reminiscent of that used in international texts on human rights, referring to: “A category of people belonging to a specific origin, race, or religion.” This is part of criminalizing certain acts committed through media outlets, and the aim of such acts is, as stated in the text, “incitement to hatred between races, religions, or populations, using hostile acts or violence or disseminating ideas based on racial discrimination.”

Tunisian legislation implicitly refers to “religious minorities” in the context of civil and commercial litigation, as Article 292 of the Code of Civil and Commercial Proceedings states that no execution action can be taken against:

  • Jews: on Saturdays, the days of Rosh Hashanah, Yom Kippur, the first and last days of Sukkot, and the days of Purim and B’nei (the Feast of Unleavened Bread), and the days of Shavuot (the Feast of Pentecost).
  • Christians: on Sundays, the Thursday of Ascension, the fifteenth day of August (the Feast of the Assumption), November 1, and December 25 (Christmas).
  • Muslims: on Fridays, the last days of Ramadan starting from the twenty-seventh day, the third day of Eid al-Fitr, the second day of Eid al-Adha, and the day following the Prophet’s birthday (this measure may apply to Muslim minorities such as Shia and Ibadi).

Additionally, Tunisian legislation addresses “interference with the practice of religious rituals” in the thirteenth section of the Penal Code under the chapter “Interference with the Practice of Religious Rituals,” encompassing Articles 165 and 166, which state:

  • Anyone who interferes with the practice of religious rituals or celebrations or disrupts them shall be punished with imprisonment for a period of six months and a fine of one hundred and twenty dinars. This does not prevent the application of more severe penalties for assault, beating, or threats.
  • A person without legal authority over another who forces them, through violence or threats, to embrace or abandon a religion is punishable by imprisonment for three months.