Tunisia commemorates the seventy-first anniversary of the Universal Declaration of Human Rights. On this occasion, the associations “Attalaki” and “Unity in Diversity” organized an intellectual and scientific symposium to discuss the topics of citizenship and freedom of belief.
The roundtable discussion brought together individuals from various religions, including Muslims, Jews, Christians, and Baha’is. Despite their religious differences, they were united by their Tunisian nationality. Participants in the symposium included Sana Nouri, representing the Unity in Diversity Association; Wided Boughanmi from the Attalaki Association; Jamila Al-Ksiksi, Deputy Speaker of the House of Representatives; Rabbi Daniel Cohen, Head of the La Goulette Synagogue; Mohammed Ben Moussa, member of the Baha’i Media Office in Tunisia; Sheikh Karim Shaniba, a religious preacher; Omar Fastaoui, representative of the Office of the High Commissioner for Human Rights; and Professor Ikram Dridi, Professor of Constitutional Law at the Faculty of Law in Jendouba.
Freedom of Belief: Between Text and Practice
A decade has passed since the Revolution of Freedom and Dignity, during which Tunisia has made remarkable progress recognized globally in the realm of respecting general and individual rights and freedoms, enshrined in the adoption of the Constitution of January 26, 2014. Despite this progress, some aspects of these rights and freedoms remain superficial, particularly concerning religious minorities striving for full citizenship. In this context, Mohamed Ben Moussa, a member of the Bahá’í Media Office in Tunisia, poses the question: “Is it conceivable that a person could be declared an infidel by state institutions merely because of differing intellectual and religious beliefs? Is it still possible in the 21st century to issue fatwas of disbelief and apostasy against citizens who choose to be different?”
Drawing from the experience of Bahá’ís in Tunisia, Ben Moussa discusses the concept of citizenship as a modern term that requires the implementation of justice and equality. Referencing celebrations of International Human Rights Day, he cites the poet Al-Mutanabbi: “With what world do you return, O’ Eid, with what has passed or with something new?” highlighting the suffering Bahá’ís endure in obtaining their religious rights. “How would it harm society to allow individuals their religious freedom while sharing only in skills and capabilities that serve society and the state?” he asks.
“We are Tunisians, we enjoy our rights, and the state is in communication with us. This country is ours, and it is our duty to defend it and strive to make it better in the field of rights and freedoms,” said Rabbi Daniel Cohen, head of the La Goulette Synagogue. He affirmed that the Jewish community enjoys its rights in Tunisia, although there are still some painful societal attitudes, such as the insult “Jew,” a common slur in Tunisian society due to a lack of education on respecting religions and fostering love in educational institutions. He pointed out that the American School in Tunisia, for instance, regularly brings its students to speak with him and learn about Judaism from Christian and Muslim students alike, aiming to teach children tolerance and acceptance of others regardless of their religion.
The rabbi adds, “We are Tunisians and we love our country. We want Tunisia to be among the leading nations. It is the duty of every Tunisian citizen to respect the law and the constitution. We must show the world that Tunisians are tolerant, and it is the responsibility of educational institutions to teach respect for other religions.”
In addition to schools, the rabbi emphasizes the importance of the media in raising awareness. Instead of inviting individuals with extreme views who speak “ignorantly” about other religions, the media should invite people who respect others and promote a culture of dialogue and tolerance.
The rabbi concludes his statement by saying, “The homeland belongs to everyone; we must work to protect and elevate it. However, religion is a personal matter, and every Tunisian must respect the law and the constitution.”
Religious Freedom is an Individual Right, Not a Collective One
The true factors of social stability cannot be realized without an environment of freedom and equality, which upholds human dignity, societal integrity, and national security and stability. This environment provides all the necessary elements for the concept of citizenship, as there is no citizen without equal rights. Equal rights are the path to creating a balanced and healthy society where individuals defend their nation’s achievements and gains, as well as its security and stability, thereby striving persistently for its advancement and development. This was the theme presented by the associations “Unity in Diversity” and “Attalaki” during the intellectual symposium on “Citizenship and Freedom of Conscience.”
In the legal context, Professor Ikram Dridi, a constitutional law professor at the Faculty of Law in Jendouba, delivered a lecture on freedom of belief in the Tunisian constitution. She discussed Tunisia’s geographical position within the Arab region, which follows Islamic law in its constitutions, and its Mediterranean connections, highlighting historical and economic affinities. Additionally, she emphasized Tunisia’s place within the global system characterized by openness and the application of human rights, noting the country’s historical and cultural openness and the coexistence of tradition and modernity.
Historically, Tunisia has experienced six years since the issuance of the January 27, 2014 constitution, which, in its sixth article, guarantees freedom of conscience and belief.
Professor Dridi posed the question: What is the essence of this right? She explained that religious freedom is an autonomous right, meaning it is an individual liberty and not a public matter. The individual is independent of society in their religious freedoms, and neither the state nor the community has the right to determine an individual’s religion. Freedom of belief is a fundamental civil liberty enshrined in constitutions such as the International Covenant on Civil and Political Rights and the German constitution, among others in civil states. It entails the individual’s freedom to choose a religious or ideological system (whether a revealed or man-made religion) and to practice the religious rituals associated with that belief. Additionally, individuals have the freedom to convert from one religion to another or to move from religion to non-religion (for example, from Christianity to Judaism, from Islam to Ibadism, or from religion to non-religion). The state has two obligations in this context: a negative obligation not to interfere with these freedoms and a positive obligation to protect each individual within the system and respect their religion and belief.
Professor Dridi highlighted that one of the problems in understanding “freedom of belief” is the education system. The Tunisian educational system addresses religious subjects incorrectly, relying on rote memorization rather than critical and analytical education from primary to university levels. She asserted that religious freedom cannot be discussed without intellectual freedom and the freedom of scientific research. She concluded her lecture by stating that transitioning from a religious state (which treats its citizens as subjects) to a civil state (which treats its citizens as equals) is the only way to guarantee and implement freedom of belief in reality.
The religious landscape in Tunisia needs to be reassessed.
Sheikh Karim Shaniba pointed out that most legislations are driven by ideology, adding that there are many distorted images of Islam. He questioned whether it is conceivable that a religion, whose followers initially suffered from injustice, would accept that people of another faith be wronged. He emphasized that Islam did not come to oppress others, citing the verses, “To you be your religion, and to me my religion” and “Whoever wills – let him believe,” which highlight the freedom of choice granted by God to humanity. Shaniba asserted that religious authority, when it gains influence over time, tends to overreach, and called for a reevaluation of the religious landscape in Tunisia.
The legislation regarding freedom of belief is inconsistent.
Omar Fassatoui noted the necessity of a critical review of human rights in Tunisia. For example, although Tunisia is one of the leading nations in defending women’s rights, many working women are still unaware of their rights and do not enjoy them. Regarding the topic of the seminar, which focused on freedom of belief, he questioned whether religion in Tunisia belongs to individuals or the state. He presented various conflicting legal texts, such as the first article stating, “Tunisia is a free state, its religion is Islam,” and Article 9, which emphasizes the preservation of national unity and sanctity, mandating military service for all Tunisians. However, Tunisian Jews are exempt from this service. Article 74 requires that the President’s religion be Islam. There are also contradictory treaties where some religious associations are rejected while others receive permits. These legal inconsistencies raise questions about freedom of belief in Tunisia.
He added that there are numerous calls for violence in Tunisia, such as the incidents that occurred in the summer when Christians came out to celebrate the Madonna. Moreover, although there is a Ministry of Religious Affairs, it does not include other religions.