Religious Freedom in Tunisia
Tunisia has witnessed several attempts to ensure the right to religious freedom through constitutional and legislative texts. The first of these attempts was in 1857, followed by the declaration of Mohamed Es-Sadok Bey in 1861. However, this was short-lived due to the uprising led by Ali Ben Ghedhahem in 1864. Subsequently, Tunisia saw the enactment of its third constitution by the Constituent National Assembly in 1959, laying the foundations for a presidential system. This constitution underwent several amendments, leading to the fourth constitution in 2014, which established a dual parliamentary system before substantial portions were suspended on July 25, 2021, ultimately resulting in its later abrogation. The fifth constitution, adopted in 2022, is the current constitutional framework.
Religious Freedom Before Independence
Constitution of 1857
The first significant effort to institutionalize religious freedom in Tunisia was the declaration of the Rights of the Protector and the Protected, known as the Covenant of Security, dated September 10, 1857. Article three of this covenant stated, “Settling disputes between Muslims and other inhabitants of the state requires fairness, not based on other than human characteristics. Justice on Earth is the level balance that is used to right the wronged and to protect the weak from the strong.” The fourth article emphasized that non-Muslims under the protection of the state were not compelled to convert to Islam and were free to practice their religion without interference.
Constitution of 1861
The State Constitution, also known as the Law of the Tunisian State, was issued in 1861, marking the first modern Arab constitution and contributing to the consolidation of essential political principles. It became a reference point for intellectual struggle after the establishment of French protection in Tunisia.
Article three of this constitution stated, “All the people of the kingdom, regardless of their religions, are equal before the law without any distinction.” This constitutional principle rejected favoritism based on religion, affirming that justice applies to all individuals, irrespective of their status.
Religious Freedom After Independence
Constitution of 1959
The Constitution of the Republic of Tunisia was promulgated on June 1, 1959. This constitution resulted from the work of the National Constituent Assembly between 1956 and 1959, following Tunisia’s full independence on March 20, 1956. The constitution underwent several revisions, with the most recent being Law No. 51 of 2002. The original text, under Chapter V on General Provisions, ensured individual inviolability, freedom of belief, and the protection of the freedom to perform religious rites, provided it did not endanger public order.
Constitution of 2014
Following the revolution in December 2010 and its success in overthrowing the Ben Ali regime in January 2011, the National Constituent Assembly was elected in October 2011 to draft a new constitution. The process of formulating this constitution witnessed significant disagreements, particularly regarding the role of religion in government and society and the requirements for presidential candidacy. After two years, the constitution was issued on January 27, 2014.
Article 6 of Chapter VI on General Principles states that the state is the guardian of religion, ensuring freedom of belief, conscience, and the practice of religious rituals. The state guarantees the neutrality of mosques and places of worship regarding partisan engagement. It commits to promoting the values of moderation, tolerance, and protecting sacred entities while preventing incitement to hatred, violence, and combating such actions.
Constitution of 2022
Following months of tensions between President Kais Saied and members of the Parliament, coupled with demands from thousands of protesters to dissolve the Parliament and change the system, Tunisia faced a deepening health crisis related to the COVID-19 pandemic. On July 25, 2021, President Saied dismissed the Prime Minister and froze the activities of the Parliament, citing Article 80 of the 2014 constitution. This paved the way for the subsequent suspension of the 2014 constitution, and the adoption of the third Republic’s constitution on July 25, 2022, following a constitutional referendum, making it the fifth constitution in Tunisia’s recent history.
Articles 27 and 28 of Chapter on Rights and Freedoms ensure freedom of belief and conscience and protect the freedom to perform religious rituals as long as it does not jeopardize public order.
