Tunisia: Protection and resources available to women fleeing family abuse; whether a single woman could find safety in any part of the country (2000-July 2004)

International human rights sources have noted that while there is a lack of statistics about domestic violence, the national government has reportedly developed various policies, legislation and resources to assist battered women (Afrol News June 2004; Country Reports 2003 25 Feb. 2004, Sec. 5); UN 27 Feb. 2003; Council of Europe 12 June 2002).

Two women's centres, based in Tunis, offer counselling to victims of domestic violence (Afrol News June 2004; Country Reports 2003 25 Feb. 2004, Sec. 5; IWRAW June 2002). Subsidized by government funding, the counselling centres are operated by the non-governmental organizations National Union of Tunisian Women (Union Nationale de la Femme Tunisienne, UNFT) and the Tunisian Democratic Women's Association (Association Tunisienne des Femmes Démocrates, ATFD) (Afrol News June 2004; Country Reports 2003 25 Feb. 2004, Sec. 5). In 2000, the United States-based International Women's Rights Action Watch reported that ATFD was running the only shelter in Tunisia and apparently provided services to 20 women per month (IWRAW June 2002).

However, in 3 July 2004 correspondence with the Research Directorate, a UNFT representative stated that under her organization's supervision, a shelter called the Centre for reception and orientation for women in distress (Centre d'accueil et d'orientation des femmes en détresse) was opened on 14 August 2003 in Tunis. With a capacity for 22 residents, the centre is a shelter for women fleeing domestic violence and offers a number of services such as access to legal recourse, mediation, and social programs (UNFT 3 July 2004). Nevertheless, the Centre is for temporary refuge and clients may not stay there for more than 20 days (ibid.).

Based within the Ministry for Women, Family and Children (Ministère des Affaires de la Femme, de la Famille et de l'Enfance, MAFFE), a 24-hour telephone hotline reportedly offers services for domestic violence victims (Tunisia n.d.). Established in 1996, the hotline registers complaints and provides information about issues of domestic violence and can be reached at the following telephone numbers: (00216) 8840-1392 or (00216) 8840-1308 (ibid.). In 2003, close to three per cent of the Ministry's two million dollar budget was reportedly allocated to promoting women's legal rights and socio-economic standing (Country Reports 2003 25 Feb. 2004).

With regard to legislation, in addition to prohibiting rape, prostitution and sexual harassment, the Penal Code stipulates that perpetrators of domestic violence may be imprisoned for two years and fined 2,000 dinars [Cdn$2,122.80 (Bank of Canada 2 July 2004)], double the amount meted out for routine assault charges (UN 27 Feb. 2003; Country Reports 2003 25 Feb. 2004; Afrol News June 2004; IIHR n.d.). The UNFT representative also noted that repeat offenders may be given longer sentences with a maximum of up to six years in prison (3 July 2004). Moreover, the source mentioned that a battered woman could demand a divorce and seek compensation for damages and alimony for life (UNFT 3 July 2004).

Despite these support mechanisms, the UNFT and ATFD reported that many abused women still go to family members for assistance (Afrol News June 2004). A lawyer speaking on behalf of the Maghreb Human Rights (Maghreb des droits de l'homme) organization also stated, in 14 July 2004 correspondence, that women who leave their home due to domestic violence generally go to their relatives' house, and would only move to another city if they had family there. The lawyer noted, however, that many married women tend to stay in an abusive relationship because of the stigma of and very strong societal pressures against leaving the family home (Maghreb des droits de l'homme 14 July 2004).

In addition, human rights sources reported that although domestic violence is a criminal offence in Tunisia, the police and judiciary seldom investigate or punish offenders (FIDH 23 Aug. 2002; ibid. June 2002; IWRAW June 2002; Council of Europe 12 June 2002; IIHR n.d.). According to a 2002 report on discrimination and violence against women in Tunisia, which was sponsored by the International Federation of Human Rights Leagues (Fédération internationale des ligues des droits de l'homme, FIDH), the Tunisian League for Human Rights (Ligue Tunisienne de droits de l'Homme, LTDH), and the ATFD, as at 2002, while legal recourse was technically available, judges routinely discouraged complainants from pursuing their cases, and in some cases "non-application of a law or discriminatory application of the law [was] also reported" (FIDH June 2002).

The 2002 joint report also mentioned that women who defended human rights, especially members of the AFTD, were the targets of "systematic repression" by the state (FIDH 23 Aug. 2002; ibid. June 2002). For example, in November 2002, the Belgian-based non-governmental organization Human Rights Without Frontiers reported that the political police had threatened and intimidated an alleged sexual harassment victim, her lawyer, and a member of the AFTD at a disciplinary hearing (20 Nov. 2002).

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 for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Afrol News [Oslo, Norway]. June 2004. Elin M. Nordhagen. "Tunisia Gender Profile." [Accessed 25 June 2004]

Bank of Canada. 2 July 2004. "Exchange Rates." [Accessed 5 July 2004]

Council of Europe. 12 June 2002. Parliamentary Assembly. "Situation of Maghrebi Women." Doc. 9487. [Accessed 25 June 2004]

Country Reports on Human Rights Practices for 2003. 25 February 2004. "Tunisia." United States Department of State. Washington, DC. [Accessed 25 June 2004]

Fédération internationale des ligues des droits de l'homme (FIDH). 23 August 2002. "UN Concerned by Discrimination Against Women." [Accessed 25 June 2004]

____. June 2002. "Discrimination and Violence Against Women in Tunisia: Executive Summary and Recommendations." [Accessed 25 June 2004]

Human Rights Without Frontiers. 20 November 2002. "Tunisia: Violence Against Women." [Accessed 25 June 2004]

International Women's Rights Action Watch (IWRAW). June 2002. IWRAW to CEDAW [Committee on the Elimination of Discrimination Against Women] Country Report. "Tunisia." [Accessed 25 June 2004]

Islamic Institute for Human Rights (IIHR). n.d. Country Profile for Tunisia. "IV. Women's Rights." [Accessed 25 June 2004]

Maghreb des droits de l'homme. 14 July 2004. Correspondence from a lawyer.

Tunisia. n.d. Ministère des Affaires de la Femme, de la Famille et de l'Enfance (MAFFE). "Organisation." [Accessed 25 June 2004]

United Nations (UN). 27 February 2003. Economic and Social Council (ECOSOC). International, Regional and National Developments In the Area of Violence against Women 1994-2003. Report of the Special Rapporteur on Violence Against Women, its Causes and Consequences, Ms. Radhika Coomaraswamy, Submitted in Accordance With Commission on Human Rights 2002/52 Addendum 1. (E/CN.4/2003/75/Add1) [Accessed 25 June 2004]

Union Nationale de la Femme Tunisienne (UNFT). 3 July 2004. Correspondence received from representative.

Additional Sources Consulted

L'Association Tunisienne des Femmes Démocrates (ATFD) was unable to respond within the time constraints of this request.

Centre de Recherches, d'Etudes, de Documentation et d'Information sur la Femme (CREDIF) was unable to respond within the time constraints of this request.

Internet: Amnesty International, Freedom House, Human Rights Watch, Social Watch, World News Connection/Dialog.