Tunisia: Military service; possibility of alternative military service; deferral and exemption; penalties for refusing to perform military service

Military Service

Tunisian men and women must serve one year in the armed forces once they have attained the age of 20 (Coalition to Stop the Use of Child Soldiers 17 Nov. 2004; US 7 Sept. 2006). The Web site of the Tunisian Ministry of National Defence (ministère de la Défense nationale) indicates that the Conscription and Mobilization Directorate (Direction de la conscription et de la mobilisation) handles army enumeration and enlistment operations (Tunisia n.d.).

For enumeration purposes, at the age of 18, all Tunisian citizens must first submit a file with the following documents to the city hall of the municipality where he or she lives: [translation] "a birth certificate dated with the current year, an identity photograph and a copy of his or her national identity card" (ibid.). Moreover, the person must [translation] "contact the service's regional office in his or her Governorate to obtain an enumeration card, national service guide, and required information" (ibid.). Tunisians citizens residing abroad can complete the enumeration process through the Tunisian embassy or consulate in the country where they live (ibid.).

In order to perform military service, all Tunisian citizens who are 20 years old must present their enumeration card and national identity card to the [translation] "Service's regional office" where they live (Tunisia n.d.). They must also undergo a [translation] "medical exam ... , a psychological and technical aptitude test (test psychotechnique), and an interview with an intelligence officer"; these tests will determine whether they are fit for military service (ibid.). Qualified candidates for military service then go through [translation] "basic military training" (ibid.). At the end of the training, [translation] "young recruits are transferred to army units and can continue with professional training in ... various disciplines at the professional training centre belonging to the three armies and joint services" (ibid.).

A representative of the Tunisian Consulate in Montreal provided the following information during an 18 September 2006 telephone interview. The duration of military training varies from three to six months. After this time, recruits join the army and perform military work according to their expertise; for example, a doctor can be called upon to work as a military doctor.

A report published in 2004 by the Coalition to Stop the Use of Child Soldiers indicates that, depending on their training, recruits are deployed throughout the armed forces or perform non-military national service, such as working in public service administration. (17 Nov. 2004).

Alternative military service

According to a representative of the Embassy of Tunisia in Ottawa, alternative military service can be performed as [translation] "individual assignments," or under the foreign work placement option (cooperation technique) (Tunisia 19 Oct. 2006).

With regard to individual assignments, the Web site of the Tunisian Ministry of National Defence indicates that they are offered in exchange for a financial contribution: [translation] "citizens with a professional occupation, citizens who have private industrial projects and government staff in local communities and public institutions" can perform 21-day individual assignments (ibid. n.d.). In 19 October 2006 correspondence, the representative of the Embassy of Tunisia in Ottawa indicated that [translation] "recruits are designated to complete national service outside the armed forces units after they have completed the basic training period."

According to the information posted on the Web site of the Tunisian Ministry of National Defence, the individual assignment option is granted in exchange for a financial contribution that must be paid monthly and is determined based on the participant's salary (Tunisia n.d.). The representative of the Embassy of Tunisia in Ottawa stated that [translation] "the recruit agrees to pay a monthly monetary contribution of 30 to 50 percent of the guaranteed minimum wage to the national service fund" (ibid. 19 Oct. 2006). According to an article published by Afrik.com, this monetary contribution must be paid over a period of 11 months (28 Dec. 2002). If the full contribution is not paid within the prescribed deadline, [translation] "the Minister of National Defence can terminate the assignment of the person concerned and authorize that he or she be transferred to a unit of the armed forces for the remaining period" (Tunisia n.d.). Applications for individual assignments must be submitted to the Conscription and Mobilization Directorate of the Ministry of National Defence (ibid.).

With regard to the foreign work placement option, the representative of the Embassy of Tunisia in Ottawa provided the following information in correspondence dated 19 October 2006:

• Recruits are designated to complete national service by foreign work placement after they have completed the basic military training period.
• The recruits then agree to pay a monthly monetary contribution of 5 to 10 percent of their salary earned abroad to the national service fund.

Deferral and exemption

The Web site of the Tunisian Department of National Defence indicates that all Tunisian citizens called up for national service can request an exemption from their obligations if they

• are recognized as medically unfit for army service by the medical service at a regional conscription and mobilization centre
• are recognized as providing essential support for family members: because they have one of the following dependents ... :
• one or more legitimate children
• a wife whom the recruit has been married to for more than two years
• a father aged 65 years or older, or who is 60 percent or more incapacitated
• a handicapped sister or brother
• are older than 28 years and have proved that they are gainfully employed and residing legally abroad
• are older than 35 years (Tunisia n.d.).

The same Web site indicates that each citizen can be granted a deferral for a period of one year that is renewable if he or she meets one of the following conditions:

• the recruit has a brother already enlisted in the national service
• the recruit has one of the following dependents ... :
• a father who is temporarily unable to work for health reasons
• a mother who is widowed or divorced
• at least one unmarried sister
• at least one brother under the age of 20 or studying full time
• one or more children under guardianship of court (tutelle judiciaire) with the oldest child under the age of 20
• the recruit is studying in Tunisia or abroad and is legally registered at a public high school, higher education institution, or vocational centre.
• the recruit is studying in Tunisia or abroad and is legally registered at a private high school, higher education institution, or vocational centre accredited by the sponsoring departments (Tunisia n.d.).

The following documents are required for all military service deferral and exemption applications:

[translation]

• an application addressed to the Minister of National Defence
• a birth certificate dated no earlier than three months prior to the date of submission
• a copy of the national identity card
• a copy of the enumeration card
• a receipt for the payment of one [Tunisian dinar (TND)] [CAD 0.88 (Canada 19 Sept. 2006)] or its equivalent in foreign currency to [Postal Cheque Centre (Centre de chèques postaux, CCP)] 616-82 made out to the chief accountant at the Ministry of National Defence
• a self-addressed, stamped envelope (Tunisia n.d.).

Deferral and exemption applications may be submitted

[translation]

• to the regional office of the national service in the applicant's governorate, or
• to the regional conscription and mobilization centre in the applicant's region, or
• by sending an application to the Ministry of National Defence, or

. . .

• by sending an application to the Conscription and Mobilization Directorate, or . . .
• by Internet, by carefully completing the appropriate forms (ibid.).

Tunisian citizens living abroad can apply for a deferral or exemption to the Tunisian embassy or consulate in their place of residence (ibid.).

Penalties for refusing to perform military service

In an 18 September 2006 telephone interview, the representative of the Tunisian Consulate in Montreal provided the following information. In Tunisia, when a person [translation] "deserts" from the military, he or she is brought before the military court, which decides on the penalties to be imposed. There are no pre-established penalties. Rather, the military court examines and renders its decisions regarding penalties on a case-by-case basis. In 19 October 2006 correspondence, the representative of the Embassy of Tunisia in Ottawa indicated that [translation] "anyone who is called up for military service and who does not respond, in peacetime and within the deadline, to the order to join his or her designated unit will be punished by a term of imprisonment of one month to one year."

An article published by Afrik.com on 28 December 2002 indicates that, in addition to the [translation] "tax" they would have to pay, women who refuse to perform military service can be arraigned before the courts and could be subject to [translation] "draconian measures." However, the article did not specify what those measures would be (Afrik.com 28 Dec. 2002). Additional information on the penalties for refusing to perform military service could not 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 for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Afrik.com. 28 December 2002. Anna Borel. "Des Tunisiannes sous les drapeaux." [Accessed 28 Aug. 2006]

Canada. 19 September 2006. Bank of Canada. "Taux de change." [Accessed 19 Sept. 2006]

Coalition to Stop the Use of Child Soldiers. 17 November 2004. "Tunisia." Child Soldiers Global Report 2004. [Accessed 31 Aug. 2006]

Tunisia. 19 October 2006. Embassy of Tunisia in Ottawa. Correspondence from a representative.
_____. 18 September 2006. Tunisian Consulate in Montreal. Telephone interview with a representative.
_____. N.d. Ministère de la Défense nationale. "Le service national." [Accessed 29 Aug. 2006]

United States (US). 7 September 2006. Central Intelligence Agency (CIA). "Tunisia." The World Factbook. [Accessed 7 Sept. 2006]

Additional Sources Consulted

Internet sites, including: Amnesty International (AI), British Broadcasting Corporation (BBC), Human Rights Internet (HRI), Human Rights Watch (HRW).