accept that the defense of the freedom of conscience by the Tunisian reformist
thinkers unfurled since the 19th century in the sense conferred on it in the human
rights paradigm.
158. In Tunisia, Islam is the religion of the State. However, in conformity with the
provisions of the Tunisian Constitution, the State has the responsibility of
protecting the freedom of conscience and the other religions. The freedom of
conscience and of religion is first and foremost, the right for each individual to
live, to bear, to assume his philosophical idea, his political opinon, his belief, all
this in the respect for others and in the context of the rule of law.
159. The religion of the great majority of Tunisians is Islam. This fact does not
constitute any constraint for non-muslims. In effect, the Constitution guarantees
the free exercise of other religions. Thus non-muslim Tunisian citizens live in
symbiosis with the rest of the population. It is the case of the Jewish Community
and the Christian Community which enjoy all their rights.
160. Pertaining to the law n° 58-78 of 11th July 1958 on the system of Israeli
religion, it guarantees to the Tunisian Jews the freedom of conscience, the
practice of their religion and the use of their language.
161. The Christians, who are mostly Western women living in Tunisia and who
have acquired Tunisian nationality through their marriage with Tunisians, practice
their religion freely in the Churches which exist on the national territory and which
are managed freely and independently. The practicing Christians in Tunisia, all
persuasions combined, have 14 Churches with a reception capacity which is quite
sufficient for the practice of their religion. The Church is represented by a prelate
appointed by the Holy See.
162. The Tunisian State remains watchful of all phenomena and activity which
may appear to be discriminatory. In this regard, Tunisian law has defined a set of
provisions for declaration as « punishable offenses », the incitement to racial
hatred and all acts of intolerance or of race related violence.
163. Thus, under the terms of the organic law n° 93-85 of 2nd August 1993,
amending the Press Code, Article 44 (new) stipulates that it is punishable by
imprisonment ranging from two months to three years and with a fine of 1,000 to
2,000 Dinars, whoever may have directly, either instigated hatred between races,
religions, or populations, or incited the propagation of opinions based on racial
segregation or religious extremism.…
164. Article 53 of the same Code adds that « slander, committed… against a
group of people not designated by this Article, but who belong through their origin
to a race or a given religion, shall be punished by imprisonment ranging from one
month to one year and with a fine ranging from 120 to 1,200 Dinars, if the
intention is to incite hatred between the citizens or the populations ».
165. In this same context of the combat against all forms of religious
discrimination, penal provisions are provided for against all those who hinder or
disturb the exercise of a religion. The Penal Code stipulates in its Article 165
« whoever hinders the exercise of a religion or of religious ceremonies or disturbs
them shall be punished by six months of imprisonment and a fine, without
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