Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Overview

Sources indicate that domestic violence [as well as spousal rape (US 25 June 2015, 15)] is a serious problem in Tunisia (Al Huffington Post Tunisie with TAP 9 May 2014; US 25 June 2015, 15; African Manager 27 Mar. 2015). In 2010, the National Board for Family and Population (Office national de la famille et de la population, ONFP), a Tunisian government body that is responsible for [translation] “sexual and reproductive health” programs and that offers psychological support to women who are victims of violence (UN 30 May 2013, para. 64), conducted a national survey titled National Survey on Violence Against Women in Tunisia (Enquête nationale sur la violence à l'égard des femmes en Tunisie, ENVEFT) [1] (Tunisia July 2011, 9, 15, 20). The respondents indicated that they had experienced various forms of violence, divided as follows, stated in percentages:

(ibid., 46).

The study’s authors note that the rates of violence experienced by the respondents in the 12 months prior to the publication of the survey do not vary significantly based on the age of the respondents (ibid.). Overall, 47.6 percent of the respondents stated that they had experienced at least one of these forms of violence during their lifetime; they specified that their partner was the perpetrator of the violence, in the following proportions:

(ibid., 44, 48).

Sources states that ENVEFT is the only national study on violence against women in Tunisia (Journalist 31 Aug. 2015; AI Nov. 2015, 11).

In an interview on a blog titled Free Tunisia (Tunisie libre) on the website Rue89, which is associated with the French magazine L’Obs, Karima Brini, one of the founders of the Association for Women and Citizenship (Association femme et citoyenneté, AFC), an association in the city of Kef that works to [translation] “defend and advance women’s economic, social, cultural and political rights” [and that runs the El Manara centre, which helps women victims of violence (DirectInfo 2 Feb. 2014)] (AFC 5 Aug. 2015), indicates that domestic violence has reached [translation] “alarming proportions in working-class neighbourhoods and rural areas” (Rue89 7 June 2013). However, in ENVEFT, the ONFP notes that [translation] “there was no significant difference between the statistics for the urban and rural areas” with respect to violence against women, including domestic violence (Tunisia July 2011, 44). Amnesty International (AI) indicates that domestic violence is [AI English version] “particularly prevalent … in the south-west” (AI Nov. 2015, 74).

With respect to violence against women, ENVEFT reveals that 55 percent of women surveyed felt that [translation] “violence is an ordinary occurrence which does not deserve to be talked about” (Tunisia July 2011, 67-68). The chapter on Tunisia in the 2010 edition of Women’s Rights in the Middle East and North Africa, published by Freedom House, indicates that “[t]he issue of domestic violence is rarely acknowledged at a social level” in Tunisia and that “many cases of violence” against women, including domestic violence, are not reported by victims or their families (Freedom House 2010, 10). In addition, sources indicate that domestic violence is downplayed in Tunisian society and that those close to victims dissuade them from filling a complaint (Chair, 1 Sept. 2015; Business News 12 Aug. 2015). In a telephone interview with the Research Directorate, a journalist from the Tunisian Arabic-language daily Attounissia, who also has a degree in civil and family law, explained that [translation] “[i]n Tunisian society, domestic violence is closely associated with shame”; women who are victims of domestic violence “feel they bring shame upon themselves and their loved ones …, which explains why the vast majority of women do not talk about domestic violence” (Journalist 31 Aug. 2015).

2. Legislation

The International Federation for Human Rights (Fédération internationale des ligues des droits de l’homme, FIDH) states that Tunisia’s legislative provisions on violence [FIDH English version] “are not based on a holistic legislative approach that confronts gender-based violence” (FIDH 2 June 2014). Sources note that a comprehensive law on violence against women, presented to the Council of Ministers on 25 November 2014 (EuroMed Rights 6 Mar. 2015, 2), is still in the planning phase (ibid.; AI 25 Feb. 2015; Chair, 1 Sept. 2015).

2.1 Domestic Violence

The Freedom House publication titled Women’s Rights in the Middle East and North Africa indicates that the Penal Code was amended in 1993 to criminalize domestic violence (Freedom House 2010, 5). Sources indicate that the Penal Code provides for heavier punishment if the victim is the spouse (ibid.; US 25 June 2015, 15; FIDH 2 June 2014). Article 218 of the consolidated version of the Penal Code is as follows:

[translation]

Art. 218 (new) – Amended by Bill No. 93-72 on July 12, 1993 – Any individual who wilfully injures, strikes or commits any other violent act or battery not set out in Article 319 [2] shall be punished by a term of imprisonment of one year and a fine of 1,000 dinars (1000d [approximately C$683]).

If the attacker is a relative or spouse of the victim, the punishment shall be a term of imprisonment of two years and a fine of 2,000 dinars (2000d).

If the act is carried out with premeditation, the punishment shall be increased to a term of imprisonment of three years and a fine of 3,000 dinars (3000d).

Withdrawal by the victimized relative or spouse halts prosecution, proceedings and administration of the sentence. (Tunisia 1913, Art. 218)

Amnesty International states that [AI English version] “[c]omplaints of assault [family violence, including domestic violence] are often withdrawn because of pressure from the perpetrator or family” (AI Nov. 2015, 5). In the report it submitted to the UN Human Rights Council in 2013, the Working Group on the issue of discrimination against women in law and in practice states that it is [UN English version] “concerned at the fact that article 218 provides for the termination of proceedings or the vacation of a conviction with the withdrawal of the complaint by the victim of an assault” (UN 30 May 2013, para. 36). This source indicates that [UN English version] “the Committee on the Elimination of Discrimination against Women noted a very high number of complaints withdrawals” in 2010 (ibid.). However, the journalist stated that [translation] “if there is a serious injury, the prosecutor can decide to continue with the proceedings … even if the complaint has been withdrawn” (Journalist 31 Aug. 2015). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The Euro-Mediterranean Human Rights Network (EuroMed Rights), a network of approximately 80 organizations (EuroMed Rights n.d), states [EuroMed Rights English version] “there are no legislative or other measures allowing the authorities to issue appropriate injunctions or protection orders against the aggressor to protect women who are victims of violence” (EuroMed Rights 6 Mar. 2015, 2). According to Amnesty International,

[AI English version]

[t]he law does not provide adequate protection against victims being pressured or coerced into dropping complaints. For instance, a complainant cannot apply for a protection order that could stop a perpetrator contacting the victim. (AI Nov. 2015, 5)

Further information on protection orders could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources state that the laws do not criminalize economic violence (EuroMed Rights 6 Mar. 2015, 1; FIDH 2 June 2014) or physical violence (ibid.).

2.2 Spousal Rape

According to sources, spousal rape is not addressed in Tunisian law (Chair, 1 Sept. 2015; Journalist 31 Aug. 2015; Business News 12 Aug. 2015). Other sources note that it is not addressed in the Penal Code (US 25 June 2015, 15; UN 30 May 2013, para. 36). The Freedom House publication notes that article 227 of the Penal Code “harshly” punishes rape, but it does not criminalize spousal rape (Freedom House 2010, 10). Sources indicate that under article 227bis, the rape perpetrator can escape criminal prosecution if he marries the victim (UN 30 May 2013, para. 36; AI 25 Feb. 2015; FIDH 2 June 2014), if she is a “minor” and if the rape did not involve violence (ibid.). Article 227bis of the Penal Code is as follows:

[translation]

Any individual who subjects a female child under the age of 15 to a sexual act without the use of violence shall be punished by a term of imprisonment of six years.

If the victim is over the age of 15 years but under the age of 20 years, the term of imprisonment shall be five years.

Assault is punishable.

Marriage of the guilty party with the victim in the two cases set out in the present article halts prosecution and overturns the results of the conviction.

Prosecution will be reinitiated or the results of the conviction reinstated if, within two years of the marriage being consummated, the marriage ends in divorce at the husband’s request, in compliance with Article 31 [regarding divorce], paragraph 3 of the Personal Status Code (Code du statut personnel). (Tunisia 1913, Art. 227bis)

Article 13 of the Personal Status Code states that [translation] “[t]he husband may not compel the wife to build any sexual relationship if he has not paid the dowry” (Tunisia 1957, Art. 13). Sources note that this article appears to condone spousal rape (FIDH 2 June 2014; AI Nov. 2015, 26).

3. State Protection
3.1 Awareness Programs

According to EuroMed Rights, [EuroMed Rights English version] “since 2012, awareness-raising campaigns to influence public opinion” about violence against women have been set up (EuroMed Rights 6 Mar. 2015, 2). However, according to Country Reports on Human Rights Practices for 2014, published by the US Department of State, there were “no government public education programs on domestic violence, including rape” in 2014 (US 25 June 2015, 15).

3.2 Police

In November 2013, DirectInfo, a Tunisian news website, reported on remarks made by the Director of the judiciary police according to whom [translation] “the issue of gender-based violence has, for the past two years, been included in the basic training program for security officers and members of the national guard” (DirectInfo with TAP 29 Nov. 2013). However, in March 2015, EuroMed Rights stated that the initial training for police officers does not include training concerning [EuroMed Rights English version] “violence against women, in all its forms,” but that training on “some of these aspects” is now being given in their continuing training (EuroMed Rights 6 Mar. 2015, 2). In a telephone interview with the Research Directorate, the Chair of the Parliamentary Commission on the Status of Women, Family, Childhood, Youth and the Elderly (Commission parlementaire des affaires de la femme, de la famille, de l’enfance, de la jeunesse et des personnes âgées) stated that the Ministry of Women, Family Affairs and Childhood (ministère de la Femme, de la Famille et de l’Enfance) was offering training on domestic violence to police officers in Tunis (Chair, 1 Sept. 2015). In November 2015, Amnesty International stated that [AI English version] “[p]olice officers lack the necessary training to intervene in cases of family violence” and that “[t]here are no specialized police units to deal with family … violence” (AI Nov. 2015, 5).

During an interview with Rue89, Karima Brini, one of the founders of AFC, stated that the treatment of victims of violence at police stations was [translation] “deplorable” (Rue89 7 June 2013). According to the Freedom House publication, published in 2010, “[p]olice officers often lack the training and resources necessary to conduct objective investigations or protect victims” from domestic violence (Freedom House 2010, 10). The same source adds that “many cases of [gender-based] violence are not reported by victims or their families, in part because it is difficult to secure effective inquiries into such claims” (ibid.). In September 2015, the Chair of the parliamentary commission also noted the lack of training provided to police officers on domestic violence and their lack of resources, such that the police [translation] “sometimes refuse to intervene” (Chair, 1 Sept. 2015). Sources indicate that the police tend to blame the women who are victims of domestic violence for what has happened to them (ibid.; AI Nov. 2015, 5). According to Amnesty International,

[AI English version]

[s]ome women interviewed by Amnesty International said that police officers either dismissed their reports or blamed them for the violence. In general, the police attempted to discourage them from filing a complaint, convincing them not to break up the family and to put the interests of children first. Instead of enforcing the law and protecting women from further violence, police see their role as promoting mediation and reconciliation. (AI Nov. 2015, 21)

Sources note that police corruption exists (AI Nov. 2015, 67; Journalist 31 Aug. 2015). The journalist explained the situation as follows: if the violent husband is a police officer or works for the Ministry of the Interior, the complaint is [translation] “misplaced,” measures are taken to have it “blocked,” or the husband is informed that a complaint has been filed (ibid.). Women interviewed by Amnesty International between October 2013 and March 2015 stated that police officers had modified their depositions or not referred the complaint to court (AI Nov. 2015, 16, 67).

3.3 Legal System

EuroMed Rights states that [EuroMed Rights English version] “[n]o training is given to court professionals concerning violence against women,” including concerning domestic violence (EuroMed Rights 6 Mar. 2015, 3). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The journalist noted the following: [translation] “once the complaint is referred to the attorney general … the legal system takes over and follows up in compliance with Tunisian law” (Journalist 31 Aug. 2015). However, according to sources, the judiciary is conservative when it comes to domestic violence (Al Huffington Post Tunisia 13 Aug. 2015; EuroMed Rights 6 Mar. 2015, 3). EuroMed Rights states that judges [EuroMed Rights English version] “do not hesitate to trivialise or minimise the attack or harm in order to ‘protect’ the family or social order” (ibid.). The Chair of the parliamentary commission stated that the judiciary considers domestic violence to be [translation] “primarily a private affair” (Chair, 1 Sept. 2015). According to Amnesty International,

[AI English version]

[f]ew survivors of family violence pursue judicial remedies, mainly because they are not financially independent or because they are pressed by their own families to forgive their husbands. … Many of the women who complain about family violence do so in the context of fighting for divorce on the basis of harm suffered…. While family violence is accepted as grounds for divorce, the burden of proof falls on survivors. (AI Nov. 2015, 5)

The same source adds the following:

Conviction rates for spousal violence appear to be low despite the high number of complaints. This is mainly because most complaints are either withdrawn or dismissed before they are referred to court.

…

According to the Ministry of Justice, in the 2012-2013 judicial year, the public prosecution received 5,575 complaints of marital violence, of which some 65.8% (3,672) were either withdrawn or dismissed. Of the accepted complaints, only 28.9% (551) resulted in convictions. By comparison, in 2011-2012, the public prosecution received 5,248 complaints, of which 68.3% (3,583) were either withdrawn or dismissed, and convictions were secured in 38.9% of accepted cases (649). In 2010-2011, some 72.5% of the total number of filed complaints (5,116) were either withdrawn or dismissed, and some 710 individuals were convicted of marital violence, representing approximately 50.5% of cases referred to court. (ibid., 23)

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. Support Services
4.1 Public Services

Country Reports 2014 indicates that the government opened a hotline in 2012 (US 25 June 2015, 16). According to EuroMed Rights, the hotline was set up by the Secretary of State in Charge of Women and Families (Secrétariat d’État à la femme et à la famille, SEFF) [3] (EuroMed Rights 6 Mar. 2015, 3). However, according to Amnesty International, [AI English version] “[t]he national helpline for women victims of violence is nonoperational” (AI Nov. 2015, 73).

Country Reports 2014 indicates that there are “two dozen” social centres throughout the country that offer services, the nature of which are not described by this source, to women victims of domestic violence (US 25 June 2015, 15). According to the Working Group on the issue of discrimination against women in law and in practice, ONFP centres, which exist in each of the country’s 24 governorates, provide free psychological help to women victims of violence (UN 30 May 2013, para. 64). EuroMed Rights notes that the ONFP has set up psychological support centre for women victims of violence (EuroMed Rights 6 Mar. 2015, 3). In November 2015, Amnesty International stated that the ONFP centre in Ben Arous [AI English version] “is the only state body that specializes in providing psychological support to women survivors of violence” (AI Nov. 2015, 69). According to an ONFP information document that was produced in 2010, the psychological help centre in Ben Arous offers [translation] “holistic care” for women victims of violence, provides social support and legal aid service, raises awareness and champions prevention, and helps children and adolescents who are victims of violence as well as young people who have perpetrated acts of violence (Tunisia 2010, 12).

Sources indicate that women victims of violence can receive free care in public hospitals (DirectInfo with TAP 13 Aug. 2014; Kapitalis 18 Nov. 2014) under a ministerial ruling made in May 2014 (ibid.). An article published in November 2014 by Kapitalis, a Tunisian news website, quotes the Minister of Health, who stated that [translation] “health services” for women victims of violence were set up at the Charles Nicolle Hospital, and that health care providers have been trained in order to take better care of those women (ibid.).

According to sources, the first state-run shelter, situated on the outskirts of Tunis [approximately 12 miles from the capital (WeNews 1 Mar. 2013)], opened in 2012 (US 25 June 2015, 15-16; WeNews 1 Mar. 2013). An article published by Women’s eNews (WeNews), a non-profit media service that covers topics of interest to women (WeNews n.d), states that the shelter “can accommodate 50 women and their children and offers legal and psychological assistance” (ibid. 1 Mar. 2013). According to the same source, the location of the shelter was supposed to remain secret, in order to protect the women there; however, the exterior of the building was filmed during the inauguration and the images were broadcast on television (ibid.). According to the Chair of the parliamentary commission, this shelter, created by the Minister of Women, Family Affairs and Childhood, does not employ staff with [translation] “real training” and NGOs “offer a better alternative for housing women who are experiencing domestic violence at home” (Chair, 1 Sept. 2015). EuroMed Rights states that [EuroMed Rights English version] “there are only two public shelters for victims of violence, one in Tunis and one in Sousse, with very low accommodation capacities” (EuroMed Rights 6 Mar. 2015, 3).

In November 2015, Amnesty International indicated that the Ministry of Social Affairs runs three shelters, which host women victims of violence as well as homeless or elderly individuals and children under the age of 10 who are accompanied by their parents (AI Nov. 2015, 73). The shelters are located in Sfax, Tunis and Sousse and can accommodate 48, 45 and 36 people respectively (ibid.). According to a ministry official who was interviewed by Amnesty International in October 2015, these shelters provide assistance that is [AI English version] “usually short-term and aimed at achieving social reintegration” (ibid.).

Sources state that there is a lack of coordination between the public services that are responsible for helping women victims of violence (Chair, 1 Sept. 2015; La Presse de Tunisie 19 Mar. 2014; AI Nov. 2015, 70). For example, Amnesty International notes that health institutions “rarely refer survivors to mental health practitioners, social services or legal aid organizations” and that the police “do not provide survivors of violence with any information on support services” (ibid.).

4.2 Services Provided by NGOs

According to the website of the Association of Tunisian Women for Research on Development (Association des femmes tunisiennes pour la recherche sur le développement, AFTURD), a group of women who conduct research on the status of women in Tunisia (AFTURD n.d.b), Espace Tanassof, in Tunis, is a women’s centre that, from 9:00 a.m. to 4:00 p.m., Monday to Friday, provides legal aid services, psychological consultations and career guidance services from lawyers, doctors and psychologists (ibid. n.d.a). The same source indicates that it operates three other centres, but it does not specify the type of services offered there. The centres are Espace SAWA, in Kef; Espace TWIZA, in Kasserine; and Centre Femme Solidarité, in Jendouba (ibid.).

Sources indicate that the El Manara centre, run by AFC for women victims of violence in the country’s north-western governorates (La Presse de Tunisie 19 Mar. 2014; DirectInfo 2 Feb. 2014), opened in February 2014 (ibid.). Quoted by DirectInfo, Karima Brini, president of AFC, indicated that the centre offers [translation] “material” and psychological assistance to help women victims of violence reintegrate into society (ibid.).

According to its website, the National Union of Tunisian Women (Union nationale de la femme tunisienne, UNFT), an NGO that [translation] “fights to improve the status of Tunisian women” (UNFT n.d.b), runs two welcome and career counselling centres, one in Tunis and the other in Sousse, which offer women victims of domestic violence temporary shelter; psychological, medical and legal assistance; as well as social reintegration and economic services (ibid. n.d.a).

Amnesty International indicates that there are no shelters for women victims of domestic violence in south-eastern Tunisia and notes that the services provided by civil society organizations [AI English version] “are only available in major cities” (AI Nov. 2015, 70, 74).

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 sources consulted in researching this Information Request.

Notes

[1] According to the ONFP, the study included 3,873 women aged 18 to 64, [translation] “ensuring a balanced representation” of the population (Tunisia July 2011, 15, 20).

[2] Under Article 319 of the Penal Code, [translation] “[a]ny individual who is involved in brawls, assault or acts of violence that do not leave any serious or lasting effects on the health of another is punishable by the same terms [as those in Article 315].
Withdrawal by the victim, if a relative or spouse of the attacker, halts prosecution, proceedings and administration of the sentence” (Tunisia 1913, Art. 319).

[3] Amnesty International states that [AI English version] “[t]he Ministry of Women and Family Affairs was established in 1993” and that “[i]n 2014, the Ministry was briefly replaced by the office of the Secretary of State for Women and Family … before becoming a ministry again … in 2015” (AI Nov. 2015, 16).

References

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Al Huffington Post Tunisie. 13 August 2015. Rihab Boukhayatia. “Tunisie - Entretien avec Monia Ben Jémia : En matière de droits des femmes, ‘c’est le statu quo qui prévaut’.” <http://www.huffpostmaghreb.com/2015/08/13/tunisie-csp-monia-ben-jem_n_7976872.html> [Accessed 19 Aug. 2015]

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Women’s eNews (WeNews). Camille Lafrance. 1 March 2013. “Tunisia Marks Belated First in Sheltering Women.” <http://womensenews.org/story/domestic-violence/130228/tunisia-marks-belated-first-in-sheltering-women> [Accessed 3 Nov. 2015]

_____. N.d. “Covering Women’s Issues, Changing Women’s Lives.” <http://womensenews.org/about-womens-enews-mission> [Accessed 3 Nov. 2015]

Additional Sources Consulted

Oral sources: Association pour les droits de la femme et le développement; Association tunisienne des femmes démocrates; Association tunisienne de soutien à la famille; France – Office français de l'immigration et de l'intégration; Lawyer, Tunis; Professor of history and women’s studies, University of La Manouba; Syfia International; Tunisia – embassies in Canada and France, ministère de la Femme, de la Famille et de l’Enfance, ministère de la Justice, ministère de l'Intérieur, Office national de la famille et de la population; Union nationale de la femme tunisienne; United Nations – United Nations Population Fund.

Internet sites, including: The Advocates for Human Rights; Afrik.com; Agence panafricaine de presse; Al Chourouk; Arab Regional Resource Center on Violence Against Women; Attounissia; Danish Centre for Gender, Equality and Ethnicity; L'Économiste maghrébin; European Union; Fédération nationale solidarité femmes; Front Line Defenders; Human Rights Watch; Jamaity; Jurisite Tunisie; Libération; Le Monde; Mosaïque FM; Organisation for Economic Co-operation and Development; PassBlue; Radio France internationale; Réalités; Le Temps; Tunisia Live; Tunisia – Institut national de la statistique, ministère de la Femme, de la Famille et de l'Enfance, ministère de l'Enseignement supérieur et de la Recherche, Portail national de la santé en Tunisie; Tunisie focus; Tunivisions.net; United Nations – ReliefWeb, United Nations Development Program, UN Women.