Government Practices

The government collaborated with ICC investigators to prosecute individuals who committed crimes against the country’s religious and cultural heritage. On September 27, Ahmad al-Faqi al-Mahdi, also known as Abu Tourab, was convicted by the ICC in The Hague and sentenced to nine years in prison for his involvement in the 2012 destruction of nine mausoleums and a mosque in Timbuktu. The case was part of an investigation the ICC launched in response to a July 2012 request by the local government.

At year’s end, the investigation into the alleged crimes of Houka ag al-Housseiny had not been completed and the case had not yet gone to trial, reportedly due to challenges collecting sufficient evidence. Domestic and international security forces stated they suspected ag al-Housseiny of having acted as a judge for al-Qaida in the Islamic Maghreb (AQIM) during the group’s occupation of Timbuktu, and of ordering floggings and amputations in that capacity. The government provisionally released him in August 2014. Similarly, authorities made no progress in the investigation into the crimes allegedly committed by Sidi Amar ould Daha, also known as Yoro, whom domestic and international security forces stated they suspected of ordering floggings and amputations while leading the police force of the Movement for Unity and Jihad in West Africa during its 2012-2013 occupation of Gao. Authorities released Yoro in 2014 and as of the end of the year he had become a leading member of a government-aligned militia.

By year’s end, the Truth, Justice, and Reconciliation Commission had not made substantial progress on its core functions or set up full-fledged operations on the ground. The commission stated it had established contact with victims of the country’s armed conflict, in addition to presenting its mission and services to affected communities, including victims of religious persecution.

The minister of religious affairs and traditions was responsible for promoting religious tolerance and coordinating national religious activities such as pilgrimages and religious holidays for followers of all religions. In January the minister held a prayer ceremony for Muslims and Christians in Banico calling for peace and reconciliation among religious groups and unity among all residents. In July the minister spoke during a Catholic Mass at the national cathedral in the presence of the Archbishop of Bamako.

Government Practices

The government twice denied the application to form an association submitted by members of the Bahai Faith because the association had the word “Bahai” in its name, according to association members. In response, officials from the Prime Ministry said that the inclusion of the word “Bahai” in the association’s name comprised a claim to represent all members of the Bahai Faith, which runs counter to the law on associations.

Salafists said the police profile them on suspicion of terrorism during the Government of Tunisia’s continued state of emergency following the 2015 Bardo museum attack because of their dress and long beards, which they said they wore to emulate the Prophet Muhammad. The Tunisian Rights and Freedoms Observatory documented several cases in 2016 in which security forces assaulted and restricted travelers because of their appearance. In August, Abdrahman Mejri was traveling in a collective taxi to visit his family when a police patrol stopped the vehicle during a routine check, asked him for his ID, handcuffed and took him to the police station. He was later released after a four-hour interrogation. He said the incident was based on his appearance. In September a local soccer coach, Mohamed Aziz Siala was suspended from his job for having a beard. Siala told The Rights and Freedoms Observatory that his supervisor called Siala to the supervisor’s office to inform him of the decision, saying that firing him had nothing to do with his job performance, but came from the owner of the club who was asked by the Ministry of Interior to dismiss Siala. Amnesty International reported the police targeted these individuals and then detained and at times tortured them. The media also reported some women who chose to wear the niqab experienced harassment from police and security forces.

The government publicly urged imams to disseminate messages of moderation and tolerance to counter what it said were threats of violent extremism. During the annual Mouled conference, part of an annual festival held during the week of the Prophet’s birthday, on December 3 the Minister of Justice and acting Minister of Religious Affairs Ghazi Jeribi stressed the need to “learn the lessons of humanitarian values and principles of Islam.” The imam of the Okba Ibn Nafaa mosque in Kairouan Taieb Ghozi spoke of the strong connection between Islam and universal human rights. The conference was attended by government officials, party presidents, the grand mufti, and senior officials and imams from the MRA.

According to several local mosque committees in charge of mosque operations and chosen by congregation members, the government generally allowed the committees to manage the daily affairs of their mosques and choose their own imams, with the exception of imams for Friday prayers, who were selected exclusively by the MRA. Regional MRA representatives within each governorate had to vet, approve, and appoint both the committees and the imams. According to an official from the MRA, the government standardized and enforced mosque opening and closing times, except for mosques with cultural or historical significance and very small community mosques.

Jewish groups said the government continued to allow the Jewish community to worship freely and paid the salary of the grand rabbi. Members of the Christian community reported the government allowed Christian churches to operate freely.

The government continued to provide security for synagogues and partially subsidized restoration and maintenance costs. Government employees maintained the Jewish cemetery in Tunis.

Authorities said they had increased security for a festival held at the El-Ghriba Synagogue in Djerba in May following advice from the Government of Israel to Jewish pilgrims not to attend because of threats against the festival. At the request of the Jewish community in Djerba, the government installed additional security cameras and personnel around the El-Ghriba Synagogue which operate year-round.

The government continued to permit the Jewish community to operate private religious schools and allowed Jewish children to split their academic day between public schools and private religious schools or go fulltime to either. The government-run Essouani School and the Houmt Souk Secondary School in Djerba remained the only public schools where Jewish and Muslim students studied together. At these schools, Muslim students attended Islamic education lessons on Saturdays while their Jewish classmates could choose to attend classes on religion at a Jewish school in Djerba.

In June the government ordered the suspension of the annual conference of the Islamic Hizb al-Tahrir political party, stating the congress posed a “threat to the public order” because of the party’s advocacy for an installation of an Islamic caliphate in the country. An administrative court overturned the decision. The government then suspended the conference under the state of emergency law, stating the conference could cause a threat to public security. On August 16, an administrative court ordered a 30-day suspension of the party’s activities, which the government stated were violating the 2011 Law of Associations. Those articles the court found the party violated stipulate associations shall, by their bylaws, activities, and funding, observe the principles of the rule of law, democracy, plurality, transparency, equality, and human rights as stipulated in international agreements ratified by the country. The court further found the party violated articles that prohibit associations from adopting in their bylaws, programs, or activities that incite violence, hatred, fanaticism, or discrimination on religious, racial, or regional grounds. An administrative court overturned the suspension on August 30 for “procedural irregularities.” In September the government brought a criminal case against the party, stating it had incited jihad and advocated violence. A prosecutor referred the case to a military court. Representatives from the party refused to participate in the court hearings. The case against the party remained pending at year end.

Some Christians reported civil procedures for marriage, divorce, and inheritance contained elements of Islamic practice that were not applicable to their faith. The Tunisian Association for Support of Minorities (ATSM) reported at least 10 cases during the last year in which Muslim women were denied requests to marry non-Muslims unless they officially converted to Islam. At an August 16 press conference, ATSM publicly complained about the country’s legal restrictions against interfaith marriage, claiming it was inconsistent with the constitution to forbid marriages between a Muslim woman and a non-Muslim man.