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Tunisian civil society has frequently protested against the prosecution or criminalization of members of the LGBT community. On June 21, the Ben Arous Court of First Instance once again sparked controversy with its verdict convicting two defendants. The verdict was made under Article 230 of the Penal Code, which criminalizes homosexuality. French, Today’s article violates all provisions regarding respect for human rights and individual freedoms.
This disturbing topic, which we would like to hide, is raised on the occasion of the World Day against Torture on June 26. Paradoxically, some achievements or rights won during the Tunisian revolution were maintained – such as condemning discrimination based on race and of Violence against women – did not result in the repeal of Section 230.
In practice, one behavior is most alarming and worrisome: supporting or confirming accusations of homosexuality, The accused was subjected to a mandatory anal testThis is a barbaric act that affects the physical and mental health of individuals and violates all recommendations of national or international organizations.
This retrograde text is also unconstitutional because Tunisian Constitution 2022 (As 2014) respects individual freedom and protects people’s personal safety. Therefore, the Criminal Code still refers to “good morals” and criminalizes homosexuality, thus completely contradicting the Basic Law.
The most contradictory part is the different ways in which Article 230 is written. In the Arabic version popular in Tunisia, it is a question about male and female homosexuality; in its French version, it explicitly mentions sodomy.
2018, Appeal have Anal tests have caused an outcry, even prompting medical associations to oppose the practice. Within the United Nations, the International Committee Against Torture has equated these tests with acts of torture, punishable by conviction, since 2014.
But the momentum has lost steam amid Tunisia’s slide into political and social instability, and nothing has changed: at least 41 lawsuits have been filed since January 2024 exist Under Section 230. Gay and queer people are still harassed every day and remain the target of smear campaigns on social networks.
Living a gay life in Arab countries
Although difficulties remain, the LGBT movement is less visible today than in the 2010s, when their demands benefited from extensive media coverage. “Only movies dare to address transgender cases or the impact that harassment can have on people. gay”, A civil society activist noted that he still remembers the setbacks suffered by associations like Shams, which have now disappeared. According to the activist, the main figures leading this struggle use their notoriety to obtain residence permits abroad. “It’s opportunism, but we can understand it because experiencing homosexuality in Arab countries is difficult – that’s an understatement,” he concluded.
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Others continue to work more cautiously: “Funding and Funds have dried up, the political system has changed, and all foreign aid is viewed with suspicion. In this context, it is difficult to carry out awareness-raising actions or to revive the struggle to repeal Section 230 or other equally unjust or outdated provisions. ” Maher commented on the mobilization of the LGBT community. “This is a form of fear: everyone can cite countless examples of lives ravaged by fear. this persecution”.
To try to overcome these problems, Sanad, a “direct and multidisciplinary assistance programme for victims of torture and cruel, inhuman or degrading treatment in Tunisia”, was established in 2013 as part of the mission of the World Organization Against Torture (OMCT). But its room for manoeuvre is limited. In 2023, 134 people benefited from individualised support. This number is insignificant given the plight of certain minority groups. : Indeed, young people, irregular migrants, and transgender people often go into hiding.
Sanad staff, who also prepare social profiles so beneficiaries can receive care or financial assistance, note that most people who use their services suffer from severe psychological trauma. These manifest in the form of anxiety, depression or sleep disorders, the most severe of which can be pressure Post-traumatic.
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