Tunisia: Treatment of lesbians by society and authorities; the protection available to lesbians (2003-2004)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 17 May 2004 |
| Citation / Document Symbol | TUN42654.FE |
| Reference | 1 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Tunisia: Treatment of lesbians by society and authorities; the protection available to lesbians (2003-2004), 17 May 2004, TUN42654.FE, available at: https://www.refworld.org/docid/41501c657.html [accessed 4 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Few documentary sources on the situation of lesbians in Tunisia could be found by the Research Directorate. The International Lesbian and Gay Association (ILGA), the Sodomy Laws Website and Switzerland's Federal Office for Refugees all indicate that sexual relations between women are illegal in Tunisia (ILGA 31 July 2000; Sodomy Laws 8 May 2004; Switzerland 5 July 2000, 6). The Sodomy Laws Website also indicates that the maximum penalty for homosexuality (without specifying whether for gays, lesbians or both) in Tunisia is three years in prison (8 May 2004). According to several sources, Article 230 of the Tunisian penal code provides for imprisonment of up to three years for sodomy between consenting adults (ILGA 31 July 2000; Gay Rights Info 1 May 2004; Switzerland 5 July 2000, 6). ILGA and Behind the Mask, a Website on gay and lesbian issues in Africa, cite The Pink Book, which states that Article 230 also applies to women (ILGA 31 July 2000; Behind the Mask n.d.). The Universités d'Eté Euroméditerranéennes des Homosexualités (UEEH), quoting a presentation by Amnesty International, points out that the word "sodomy," as used in Article 230, refers to any homosexual act (UEEH n.d.).
With regard to legal and social practices toward homosexuals in Tunisia, Switzerland's Federal Office for Refugees acknowledges that there might be violence in rural parts of the country (5 July 2000, 6) and stated the following:
[translation]
Situated halfway between a liberal and a repressive application of the legislative provisions regarding homosexuals, Tunisian society tolerates homosexuality as long as it is kept secret. However, in rural areas, revealing such behaviour can result in shame, rejection and even human tragedy, when the family feels dishonoured (Switzerland 5 July 2000, 7).
ILGA and Behind the Mask confirmed that, in January 2002, the Tunisian government voted against granting an ILGA representative "consultative status" (ILGA 31 July 2000; Behind the Mask n.d.).
During a telephone interview on 12 May 2004, a representative from the Association tunisienne des femmes démocratiques (ATFD), a [translation] "militant" feminist organization, provided the following information.
Homosexuality in general is not a subject that is broached in Tunisia, and the ATFD has not yet implemented programs to help lesbians in particular. The representative said that Tunisian society does not tolerate homosexuality, and very few people dare to address the subject publicly. She talked about the illegality of homosexual acts and referred to legal proceedings in which judges took a position on homosexuality, but she could not provide further details. The representative concluded by saying that a lesbian who is a victim of violence or harassment could take advantage of ATFS's help line and psychological and legal support services, or even have the Association file a major claim if it is willing to do so.
No other information on the treatment of Tunisian lesbians or on the protection available to them could be found among the sources consulted by the Research Directorate.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
Association tunisienne des femmes démocratiques (ATFD), Tunis. 12 May 2004. Telephone interview with a representative.
Behind the Mask. n.d. "Tunisia." Gay Rights Info. 1 May 2004. "Homosexual Rights Around the World." International Lesbian and Gay Association (ILGA). 31 July 2000. World Legal Survey. "Tunisia." Sodomy Laws. 8 May 2004. "World Laws." Switzerland. 5 July 2000. Federal Office for Refugees. Maghreb : Homosexualité et prostitution. Universités d'Eté Euroméditéranéennes des Homosexualités (UEEH), Marseille. n.d. "Présentation d'Amnesty International." Additional Sources Consulted
Attempts to contact the Arab Institute for Human Rights, the Ligue tunisienne des droits de l'homme and the National Union of Tunisian Women were unsucessful.
Publications: Sexuality and Eroticism Among Males in Muslim Countries
Websites, including: Ahbab, Amnesty International (AI), Department of State of the United States of America, European Country of Origin Information Network (ECOI), L'Express, Freedom House, Gay and Lesbian Arab Society (GLAS), Gay Arab, Gay Middle East, Human Rights Watch (HRW), International Federation for Human Rights (FIDH), International Gay and Lesbian Human Rights Commission, Kelma, La Presse (Tunisie), Le Temps, Tunisia Daily, World News Connection (WNC).
