As part of its work to support individual freedoms, the Tunisian Association for the Defense of Individual Freedoms (ADLI) (www.adlitn.org), has just published a study on The freedoms of foreigners in Tunisia. The study was prepared by Mrs. Souhayma Ben Achour, Professor of Law, at the University of Tunis El Manar and prefaced by Wahid Ferchichi, Professor of Law at the University of Carthage, member of the board of the association, in charge of studies and research. This study aims to analyze, through the prism of fundamental rights, "the situation of foreigners in Tunisia". Indeed, the Tunisian Constitution of 2014 did not make a special place abroad, but it recognized to each person, whatever their nationality, the fundamental rights and freedoms.
Tunisia has also ratified many universal or regional international conventions which protected foreigners. Since the promulgation of the 2014 Constitution, several laws have followed one another guaranteeing certain categories of vulnerable persons special protection: the law relating to the fight against trafficking, the law relating to the elimination of violence against women, and the Law on the Elimination of All Forms of Racial Discrimination.
However, Tunisian law for foreigners appears to be out of step with the stated standards. An examination of Tunisian law shows that the foreigner is subjected to discriminatory treatment. Tunisian law appears to be a severe law, intolerant of foreigners. Several rules put foreigners in a position of inferiority to nationals.
This study, broken down into three parts, analyzes the provisions which put the foreigner in a situation of inferiority. The first part of the study looks at the strict control imposed on foreigners when crossing the border into or out of Tunisian territory. The second part of the study looks at the difficulties that the foreigner might encounter in order to settle in Tunisia. Finally, the third part of the study analyzes the many limits that stand in the way of the integration of the foreigner into society. The integration of the foreigner comes up against a series of discriminations based on nationality, religion or race.
Thus, through this study, ADLI draws attention to this discriminatory right and calls for a modification of the laws relating to non-Tunisians and non-Tunisians and to activate the adoption of the refugee bill.
This study is available and downloadable, in three languages: Arabic, French and English, on the association's website: www.adlitn.org dans la rubrique Rapports et publications.
For the ADLI office,
Prof. Wahid Ferchichi, researcher
Wednesday, May 29, 2019