Press Release: ADLI’sNew Publication: "Individual liberties of foreigners in Tunisia:The metics of the Republic »
As part of its work to support individual liberties, the Tunisian Association for the Defense of Individual Liberties (www.adlitn.org) has just published a study on the “Liberties of foreigners in Tunisia”, the study was prepared by Ms. Souhayma Ben Achour, Professor of Law at Tunis El Manar University and prefaced by Wahid Ferchichi, Professor of Law at the University of Carthage, member of ADLI’s Executive Board, in charge of studies and research.This study proposes to analyze, under the prism of fundamental rights, the situation of foreigners in Tunisia. The Tunisian Constitution of 2014 has not made a special place to foreigners but it has recognized to each person, regardless of nationality, the fundamentalrights and freedoms.
Tunisia has also ratified numerous universal or regional international conventions that protect foreigners. Since the promulgation of the 2014 Constitution, several laws have been passed guaranteeing certain categories of vulnerable persons a special protection, in particular, the law on the fight against human trafficking, the law relating to the elimination of violence against women, and the law on the elimination of all forms of racial discrimination.
However, the Tunisian law of foreigners seems out of step with the stated standards. An examination of Tunisian law reveals that foreigners are subject to discriminatory treatment.Tunisian law appears as a severe law, intolerant towards foreigners. Several rules put the foreigner in a position of inferiority compared to nationals.
This study, divided into three parts, analyzes the provisions that put the foreigner in a situation of inferiority; The first part of the study focuses on the strict control imposed on the foreigner when crossing the border to enter the Tunisian territory or to leave it.The second part of the study focuses on the difficulties that the foreigner might encounter in order to settle in Tunisia. Finally, the third part of the study analyzes the many limitations that stand in the way of the foreigner’s integration into society which comes up, usually, against a set of discriminations based on nationality, religion or race.
Thus,ADLI draws attention,through this study, to this discriminatory law and calls for a modification of the laws relating to non-Tunisians and to activate the adoption of the draft law on refugees.
This study is available and downloadable, in three languages: Arabic, French and English, on the website of the association: www.adlitn.org in the section Reports and publications starting from May 29th, 2019.
Member of the Board, in charge of studies and research