OPERATIONAL GUIDANCE NOTE - TUNISIA

1. Introduction

This document summarises the general political and human rights situation in the country of origin, and provides information on the nature of claims frequently received from nationals of that country and on relevant country conditions. It provides guidance on policy where required but does not, in itself, constitute a statement of Home Office policy. The document must be read in conjunction with background material provided by the Country Information and Policy Unit (CIPU), which includes standard reference, human rights and other relevant reports.

Applications for asylum in the United Kingdom are considered in accordance with the UK's obligations under the 1951 UN Convention relating to the Status of Refugees and the 1967 Protocol. All applications for asylum should be considered individually on their merits and, unless the applicants may reasonably be expected to seek asylum in a third country, or the Dublin Convention applies, asylum should be granted where the applicant fulfils the criteria in the 1951 UN Convention.

Detailed guidance on assessing an asylum claim is contained in the Asylum Policy Instructions (APIs) chapter 1 section 2. Caseworkers should also familiarise themselves with country information material covering standard reference works, and human rights and other relevant reports about the country. If a claim for asylum falls to be refused, thought must be given as to whether a grant of exceptional leave is appropriate. As part of this process Human Rights issues must also be considered. Further information on the European Convention on Human Rights and Fundamental Freedoms is contained in chapter 5 section 4 of the APIs. Information about the wider criteria for granting and refusing exceptional leave is contained in API chapter 5 section 1.

2. Country assessment

The following is a brief summary of the country situation:

• Political Tunisia is a republic dominated by a single political party. President Ben Ali and his Constitutional Democratic Rally (RCD) party have ruled the government and legislature since 1987. The most recent presidential election in October 1997 was the first to be multi-candidate. In the local elections in 2000 the five opposition parties had 5% of the votes. Opposition parties are strictly controlled and those based on a particular religion race or language are banned, including the Islamist group Ennahda (or Al-Nahda).
   
• Economic Tunisia has a stable economy. The majority (over 60%)of citizens have a comfortable standard of living. There are high literacy and low population growth rates and there is a wide distribution of basic health care.

3. Human Rights Situation

The government's record remains poor in many areas. Human rights issues include:

• Security forces act with impunity and subject suspects to arbitrary arrest, detention and torture. The government reacted in 1999 to concerns from the UN Committee Against Torture by enacting a number of measures to improve the rights of those held in detention. However, the US State Department Report for 2000 (USSD 2000), Freedom in the World 1999-2000 Report, Amnesty International (AI) and Human Rights Watch have stated that the security forces continue to be responsible for serious human rights abuses.
   
• The judiciary is subject to executive control. USSD 2000 and AI stated that trials are often delayed and characterised by judges failing to acknowledge defence rights and allegations of mistreatment and confessions signed under torture. A Tunisian judge, Mokhtar Yahyaoui, who criticised the lack of independence of the country's judiciary in an open letter was dismissed in December 2001.
   
• Prison conditions are poor. USSD 2000 states that political prisoners are liable to receive less favourable treatment and to be kept in isolation. The government does not allow international organisations or the media to inspect prisons.
  
• Severe repression and imprisonment of government opponents and their relatives. USSD 2000 states that an unknown number, possibly around 1000, political prisoners remain. The government occasionally frees prisoners and in November 2000 released over 1000 political prisoners under administrative controls. Many of those freed were sympathisers or low ranking members of the banned Islamist group Ennahda, also members of the banned Tunisian Communist Workers party (PCOT). All senior imprisoned Ennahda members continue to be held serving long prison terms under harsh conditions. Many other government opponents are in exile and those in the country are subject to harassment and restrictions in expressing their views and in internal and external travel. Members of the Islamist organisation Ansar have also been convicted. Also, the president of the nongovernmental Assembly for an Alternative to International Development (RAID) was convicted for printing a report on prisons. The former general secretary of the Social Democratic Movement (MDS), Mohamed Moaada, has been put under house arrest in the past and had his passport seized by the authorities to prevent him travelling.
   
• Human rights lawyers and activists, such as members of the Tunisian Human Rights League (LTDH) and National Council for Civil Liberties (CNLT), have been imprisoned and subject to harassment, interrogation, property loss or damage, and denial of passports by the authorities. The president of CNLT, Ben Brik, began a hunger strike last year to protest against the government's confiscation of his passport. He was charged with spreading false information and defaming the authorities and the publishing house where he was conducting his strike was closed down. His brother and lawyer were also beaten and detained. He was eventually allowed to travel to France. The CNLT spokesperson, Dr Moncef Marzouki, has been subject to various forms of harassment, including dismissal from his academic post, and having his passport seized. Permission for public gatherings is restricted and subject to blocking tactics and harassment when human rights and other sensitive issues are involved although the authorities have allowed some conferences to take place. Police have forcibly dispersed and arrested participants in student demonstrations.
   
• Suppression of published government criticism. USSD 2000 stated that the government had taken modest steps to allow a greater diversity of views in the media but the government has also banned domestic and foreign publications containing criticism and a number of journalists have been harassed or imprisoned for writing criticisms of the government. Human Rights Watch stated that radio and TV remain government mouthpieces and give no coverage to political critics or human rights issues and, with USSD 2000, that journalists and academics practice self-censorship.
   
• Women enjoy substantial rights and the government and the government has made serious efforts to advance those rights especially in the areas of property ownership and support to divorced women. There is a separate Ministry for Women and Family Affairs. Women are entering the work force in increasing numbers.

4. Common types of claim and relevant country information

While each case should be considered on its individual merits, paying particular attention to credibility issues, the following may qualify for asylum status:

• human rights activists and lawyers, and their relatives;
   
• political opponents. The position vis a vis the Ennadha movement is being reviewed, and members of this organisation should not automatically be granted refugee status. Further guidance will be issued as soon as possible. Meanwhile advice may be sought from senior caseworkers if required.

Claims in connection with membership of Ennahda may be accompanied by a letter of support from the Ennahda organisation in London. Advice on these may be obtained from CIPU.

Homosexuals

Homosexual acts between men and between women are considered to be illegal under Section 230 of the Penal Code punishable by imprisonment of up to three years. The Pink Book records however that discreet homosexual relationships exist in Tunisia particularly in the tourist centres. It is unlikely that homosexuality in itself would engage the UK's obligations under the UN Convention.

Military Service

Tunisia has had conscription since 1956. All men aged 20 are liable for military service of 12 months duration. Refusal to perform military service is punishable by 3 months to 2 years imprisonment. There is no legal provision for conscientious objection. According to War Resisters International 1998 it seems possible for recruits to do part of their commitment in unarmed national service. Also, those in employment can obtain an exemption, and postponement to age 28 is available for students, family breadwinners and those residing abroad. Fear of prosecution or punishment for draft evasion does not in itself constitute a well founded fear of persecution.

Country Information and Policy Unit
Asylum and Appeals Policy Directorate