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AGAIN ON MAY 17 IN LEGAL AND INSTITUTIONAL HOMOPHOBIA AND TRANSPHOBIA

The signatory associations, members of the Civil Collective for Individual and Allied Freedoms, are celebrating May 17, World Day against Homophobia and Transphobia, this year, while the situation of LGBTQI ++ people is stagnating and the official institutions of the State continue to to use freedom-killing laws and homophobic and transphobic practices;

On the legal level, the articles which sanction people with a non-normative sexuality, identity or expression of gender, are still there, immutable and resulting in countless cases of harassment and intimidation, and dozens of arrests, some of which result in convictions each year;

These same legal provisions renew their silence with regard to the change of marital status, and leave the door open to haphazard judicial interpretations and shameful prison practices with regard to Trans * people;

On the judicial level, the police proceed to arrest and question people having an appearance or an attitude on the basis of which they allow themselves to presume their sexual or gender identity. The courts also continue to apply article 230 of the penal code which punishes homosexual persons with 3 years' imprisonment, and article 226 et seq. To extend the repression to any act or attitude contrary to "good morals" and which " clash with modesty ”. Despite the commitment of the Tunisian authorities to no longer use anal tests to prove "sodomy" and this, since 2017, the courts continue to order this practice considered internationally to be a practice of torture.

For its part, the government is continuing its fierceness against the Shams association and is still calling for its dissolution, by initiating proceedings in this direction in the courts;

On the social level, and in the face of this legal and institutional environment hostile to diversity and difference, homophobic and transphobic crimes continue in an atmosphere of impunity. Atmosphere which means that a large number of LGBTQI ++ people suffer in silence and desist from their most basic rights: suing, health, education, work ... Several of them only leave their homes absolutely necessary, in order to avoid any risk of harassment, violence or arrest. Others have found themselves forced to leave the country.

Faced with this alarming situation, the member associations of the Civil pour les Libertés Individuelles collective call:

  • The Assembly of the Representatives of the People, to accelerate the process of setting up the constitutional court, the main guarantee of respect for the rights defined by the Constitution in the laws being drafted and implemented, and the examination and adoption of the draft Code of Individual Freedoms which has been tabled by a group of deputies since October 2018; project which provides for the recognition of gender identity and sex reassignment, the decriminalization of homosexuality, the sanction of homophobia ...
  • The Head of Government, to adopt a national penal policy based on human rights "in a civil and democratic state" (Article 49 of the Constitution) and which recognizes the right to be different, including in matters of sexual identity, d expression and gender identity. As well as to ban police and judicial practices which continue to arrest and judge people on the basis of their apparent or presumed identity;
  • The Ministers of Justice and of the Interior, to ensure a good application of the constitution by abandoning this police and judicial harassment against LGBTQI ++ people and by instituting good practices at the level of the agents of the judicial police and the agents of the services penitentiaries for the respect of the human dignity of LGBTQI ++ people;
  • The magistrates of the Republic, to apply the Constitution which makes them the protectors of rights and freedoms, to rule out the application of articles contrary to this supreme norm and in particular articles 230 and 226, to no longer order the anal test; and to adopt a case law respectful of the rights of people to a sexual and gender identity, which corresponds to their being and to continue in the same direction as the decision of July 9, 2018, which recognizes the right to change the sex and change the gender. 'legal identity in official documents;
  • Forensic pathologists, to refuse to perform the anal test, banned by the National Council of the Order of Physicians, and to apply their Code of Medical Ethics which makes dignity a fundamental value of its provisions;
  • The media, to adopt an attitude respectful of the human rights of LGBTQI ++ people and to refrain from using any homophobic and transphobic discourse.

The signatory associations:

  1. Tunisian League for Human Rights
  2. Tunisian Association of Democratic Women
  3. Tunisian Association for the Defense of Individual Freedoms
  4. Beity Association
  5. Damj Association - for justice and equality
  6. Tunisian Association for Positive Prevention
  7. Shams Association
  8. Mawjoudin Association
  9. Chouf Association
  10. Association for the Promotion of the Right to Difference
  11. Tunisian federation for citizenship on both shores
  12. CALAM Association
  13. Legal Agenda Tunisia
  14. Tunisian Association for Reproductive Health
  1. Tawhida Ben Cheikh Group
  2. Tahadi Association
  3. Free Sight Association
  4. Association FanniRaghmanAnni
  5. Doustourna Association
  6. Lawyers Without Borders
  7. International Federation for Human Rights
  8. Euromed Rights Network
  9. HumanRights Watch
  10. World Organization Against Torture
  11. Al Bawsala Association
  12. Outcasts collective
  13. Alwani Association
  14. Committee for the Respect of Freedoms and Human Rights
  15. Association Tunisie Terre des Hommes
  16. Ahmed Tlili Foundation for Democratic Culture

Dated: 

Thursday, May 16, 2019

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ADLI is an association created by a group of 6 people (lawyer, judge, designer and university professors) it's remains open to any citizen wishing to join it and share its objectives and principles.

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