Overview
Tunisia is characterized by the predominance of Sunni Maliki Islam, which is considered the main and official religion of the country. However, alongside the Sunni Maliki majority, there are other religious communities that enrich the religious landscape in Tunisia. For example, the Shia component has a significant history and heritage, primarily concentrated in the south of the country. Similarly, the Ibadi component has been present since the early days of Islam’s introduction to Tunisia, and they coexist peacefully with the Sunni Maliki component and the Jewish community. Their mosques are known for their simplicity and whiteness.
Christian denominations form a diverse community in Tunisia, including Catholics and Orthodox from various traditions (Russian and Greek), as well as Evangelicals, Anglicans, and Reformists. In 2021, the Baha’is celebrated a hundred years of their presence in Tunisia, while Judaism, the oldest religion in Tunisia with roots dating back to the ancient times, specifically the sixth century BCE.
Additionally, in Tunisia, there are intellectual and religious currents such as atheism and secularism, especially prevalent among the youth. However, precise data about these movements and other religious components is lacking, and each religious component in Tunisia presents its specific reality.
Tunisian Constitutions
Various Tunisian constitutions, both before and after independence, have been significant in ensuring the right to religious freedom. Starting with the Constitution of the Aman in 1857, which explicitly guaranteed “complete security for all our citizens, for all the residents of our state, regardless of their religion, nationality, or race,” and implicitly signaled the protection of religious minorities. Similarly, Article 88 of the 1861 Constitution (Declaration of the Rights of Shepherds and Flock and the Law of the Tunisian State) affirmed that “all citizens of the kingdom, regardless of their religion, are equal before the law, and its provisions must be applied to all without discrimination based on their position or status.”
In the Independence Constitution of 1959, Article 5 affirmed that “the Tunisian Republic guarantees the non-violation of human rights and freedom of belief and protects the freedom to practice religious rituals as long as it does not endanger public order.” These guarantees were reaffirmed in the 2014 constitution, following the Tunisian revolution in 2011. In fact, Article 6 in this constitution states that “the state is the guardian of religion, guarantor of freedom of belief and conscience, and the practice of religious rituals, ensuring the neutrality of mosques and places of worship from partisan employment.” The 2022 constitution retained this guarantee in Articles 27 and 28. Article 27 ensures “freedom of creed and conscience,” while Article 28 specifies that “the state protects the practice of free worship as long as it does not affect public order.”
- Constitutional provisions do not necessarily reflect the reality experienced by religious minorities in Tunisia.
However, it is important to note that constitutional provisions do not necessarily reflect the reality experienced by religious minorities in Tunisia or the general status of religious freedom and conscience. Despite these constitutional guarantees, challenges persist in the full implementation of these rights for all Tunisian citizens, including the religious minority community. Issues such as discrimination, intolerance, and practical obstacles continue to restrict the effective exercise of religious freedom and conscience.
Reality of Religious Components
The Baha’i community in Tunisia, along with other unrecognized groups by the Tunisian state, such as Evangelicals and Shia, faces an extremely precarious situation that directly contradicts national legislation and international commitments. Non-recognition leads to potentially serious consequences, including legal restrictions on religious practices, lack of legal protection, and denial of civil rights, including participation in political and social life or establishing educational infrastructure in line with their Baha’i or Christian faith. Moreover, they are deprived of their right to have places of worship or cemeteries for their deceased.
In response to this situation, representatives of the Baha’i community filed an administrative complaint against the government in March 2021. This was due to the Tunisian government’s refusal to publish an announcement about the establishment of their association, despite a positive decision in the initial stage of the administrative court supporting their right to form the association. However, the Baha’is encountered an appeal filed by the government against this decision. What adds to the concern is the content of the appeal file, which contains statements considered derogatory and inciting against the members of the association and the Baha’i community, putting their lives and safety at risk. These documents indicate correspondence from the Grand Mufti of the Republic and the Minister of Religious Affairs, accusing members of the association of belonging to the Baha’i faith. The Grand Mufti, Othman Battikh, claimed that this association closely resembled the “Shams” association, an organization advocating for LGBTQIA+ rights in Tunisia, affirming that such associations ultimately lead to “creating problems” under the guise of social work, such as promoting gender equality and equality in inheritance, according to him.
The Tunisian state’s approach to this religious diversity directly and indirectly restricts cultural and religious diversity in the country, rather than appreciating and valuing it as a significant non-material capital that constitutes a diverse and varied national identity. Due to its history, Tunisia has always been an example of diverse cultures, languages, and religions influencing public life and contributing to the building of Tunisian civilization. However, instead of recognizing and celebrating this diversity, state policies often supported a singular vision of national identity, highlighting one religion and one culture. This approach neglected religious minorities, limiting their full and fair participation in the country’s political, social, and cultural life, relegating them to the status of second-class citizens.
- Throughout its history, Tunisia has always been an embracing example of diverse cultures, languages, and religions that influenced public life and contributed to the building of Tunisian civilization.
In conclusion, enhancing religious freedom and diversity in Tunisia requires continuous efforts and increased awareness. In this context, the organization “Attalaki” occupies an important position as a key player in this field, alongside state institutions and other entities from Tunisian civil society. It works diligently to defend the rights and freedoms of minorities to build a more inclusive society within the framework of citizenship that nurtures diversity. Through the initiatives undertaken by Attalaki, Tunisia can progress toward better recognition and appreciation of its diversity, enhancing its social fabric and strengthening the foundations of its democracy.
Ghassen Ayari is a film director and human rights activist in Tunisia, holding a Bachelor’s degree in Cinematic Direction and a Master’s degree in Arts in Audiovisual Production. He is a former fellow at the United Nations High Commissioner for Human Rights in Geneva (OHCHR) and the Public Relations and Partnership Officer at Attalaki Organization.
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