Amnesty International is sounding the alarm over a troubling increase in the arrest of individuals from the LGBTI community in Tunisia.
As of Thursday, they report at least 84 people have been detained since September 2024, with the majority being gay men and transgender women.
Background on Rising Arrests
This spike in arrests comes on the heels of a widespread campaign on social media marked by homophobic and transphobic rhetoric, significantly fueled by supporters of President Kais Said.
Notably, Said has a history of backing laws that criminalize homosexuality.
Most of these arrests are conducted under the country’s Penal Code, specifically Article 230, which prohibits “sodomy and lesbianism.” Additionally, authorities often invoke Article 226, targeting behaviors considered “against good morals or public morality,” which has been used to crack down on those who express non-conforming gender identities.
Conditions of Detention
Those who find themselves in custody often endure brutal treatment.
Men accused of same-sex relations are subjected to humiliating and invasive anal examinations, a practice Amnesty has condemned as a form of torture.
According to the UN Convention Against Torture, any official action that inflicts significant suffering or pain for punitive or information-gathering purposes qualifies as torture.
LGBTI activists in Tunisia are also facing the threat of arrest.
For instance, Mira Ben Salah, a member of the Damj Association for Justice and Equality, has reported harassment from government officials due to her activism.
Despite her attempts to file formal complaints with the Public Prosecutor’s office, she revealed that little progress has been made in addressing her concerns.
International Responses
Amnesty International continues to monitor human rights conditions in Tunisia closely.
Their Secretary General, following a visit in July 2024, expressed concerns over notable declines in human rights protections in the country.
They have called for the immediate release of LGBTI individuals who remain imprisoned.
While international laws addressing discrimination based on sexual orientation or gender identity are limited, the UN emphasizes that states are obligated to uphold the human rights of LGBTI individuals, referring to Article 1 of the Universal Declaration of Human Rights as crucial in this regard.
Human Rights Watch also raised similar worries in early 2024, urging Meta to act in order to protect LGBTQ+ individuals.
They warned against security forces in Middle Eastern countries, including Tunisia, and highlighted the potential misuse of platform data to target sexual minorities.
Source: Jurist