🇹🇳
Tunisia
Republic of Tunisia
CriminalizedArt. 230 PC

Mapping rights · Documenting lives

Overview

Country profile

Tunisia presents the most complex and contradictory LGBTQI+ rights landscape in the region. It criminalizes same-sex acts under Article 230 — a provision dating from the French Protectorate era of 1913 — with documented forced anal examinations formally condemned by the UN as constituting torture. At the same time, Tunisia is the only country in the Arab world where officially registered LGBTQI+ associations exist, including Shams (2015), Damj (2011), Mawjoudin (2015), and Chouf (2013).

The post-2011 Jasmine Revolution opening created a brief but significant window in which civil society expanded rapidly. Tunisia’s 2014 constitution was widely praised as the most progressive in the Arab world. However, President Kais Saied’s 2021 power seizure and the 2022 constitution have reversed many of these gains, leaving Tunisia’s LGBTQI+ civil society operating under far more hostile conditions than at the height of the democratic transition.

Tunisia is the only country in the region — and the Arab world — where openly LGBTQI+ associations hold official legal registration. This remains under serious threat following the political changes of 2021–22.
Forced examinations: Tunisia is internationally condemned for the use of forced anal examinations as forensic “evidence” under Article 230. The UN Committee Against Torture formally condemned this practice as torture or cruel, inhuman, and degrading treatment in its 2023 review. The practice continues as of 2025.
Criminalisation of same-sex acts

The law

Article 230 of the Tunisian Penal Code, enacted in 1913 under the French Protectorate, criminalizes sodomy (liwat in the Arabic version of the code). The provision carries up to three years imprisonment. Because it is framed around the act of sodomy rather than the identities of participants, its application to women has been legally contested — though prosecutions of women and gender-diverse individuals have been documented.

Article 226ter addresses public indecency and is frequently applied alongside or independently of Article 230 against LGBTQI+ individuals visible in public spaces.

Relevant legal provision
Art. 230, Penal Code (1913/colonial)

“Sodomy” (liwat) — up to 3 years imprisonment. Art. 226ter — public indecency (additional charge). The provision uses act-based rather than identity-based framing; its applicability to women has been contested but prosecutions of women have occurred.

Forced anal examinations

Perhaps the most internationally condemned aspect of Tunisian enforcement is the use of forced anal examinations as forensic “evidence” of the commission of Article 230 offences. This practice — conducted by medical practitioners under court order — has been documented by Damj, Human Rights Watch (2013, 2016, 2022), and Amnesty International, and formally condemned by the UN Committee Against Torture in its 2017 and 2023 reviews.

"Anal examinations performed for purposes of forensic evidence gathering in the context of prosecution for consensual same-sex conduct constitute degrading treatment in violation of the Convention against Torture." — UN Committee Against Torture, 2023

Despite this condemnation, the practice has not been formally abolished by Tunisian law, medical guidelines, or judicial instruction. Damj’s 2017 campaign “Stop Forced Examinations” produced a legal brief submitted to the Ministry of Health and the High Judicial Council, with no formal response.

Documented cases

Kairouan arrests — 2018

In a highly publicized crackdown, over 30 individuals were arrested in Kairouan and other cities under Article 230. Several were subjected to forced anal examinations. The arrests drew immediate responses from Shams, Damj, and international organizations.

Sousse case — 2022

Four men were arrested in Sousse following a police raid on a private gathering. All four were subjected to forced anal examinations. Damj provided legal representation; three were convicted. The case was referenced in Damj’s 2022 UPR shadow report.

Prosecution data

Shams’ 2020 report documented 115 prosecutions under Article 230 between 2015 and 2020. Damj’s 2022 shadow report added 47 new prosecutions in the subsequent two years. Shams’ 2025 UPR pre-session report documents a further 47 prosecutions since 2022. These figures represent documented cases and are significant undercounts.

Criminal law
Article 230 PC (1913)
Max. penalty
3 years imprisonment
Applies to women
Contested — prosecutions documented
Death penalty
No
Forced anal examinations
Documented — condemned by UN CAT 2023
Enforcement level
Active — waves of arrests
Documented prosecutions (2015–22)
162+ per Shams & Damj
Reform commission (2019)
Presidential — recommended repeal; not enacted
App entrapment
Documented
Constitution & legal protections

The 2014 constitution

Tunisia’s 2014 constitution — product of the National Constituent Assembly following the Jasmine Revolution — was widely praised as a model for the Arab world, combining Islamic identity with republican governance, gender equality provisions, and an independent Constitutional Court. The constitution contained broad equality and dignity provisions but did not include SOGI protections. It guaranteed freedom of conscience and established an independent Constitutional Court (never fully seated due to political gridlock).

The 2022 Saied Constitution — a setback

President Kais Saied’s 2022 constitution, approved by referendum under conditions that civil society organizations described as anti-democratic, significantly altered Tunisia’s constitutional landscape. The new constitution:

  • Weakened the independence of the judiciary by removing the Supreme Judicial Council
  • Concentrated executive power in the presidency
  • Reintroduced stronger Islamic identity language
  • Removed explicit provisions on the civil nature of the state
  • Weakened civil society’s constitutional standing

LGBTQI+ organizations including Shams and Damj issued statements condemning the 2022 constitution as a regression. The gutting of judicial independence removes a key mechanism that had partially protected organizations from state attempts at closure — as in the 2017 case where courts upheld Shams’ registration.

SOGI in constitution
Not mentioned (2014 or 2022)
Equality clause
Broad (2014) — narrowed (2022)
Islamic identity clause
Reinforced in 2022
Judicial independence
Weakened under Saied 2021–22
Constitutional court (2014)
Established — never seated
Current constitution
2022 (Saied) — regressive
Civil society standing
Weakened in 2022
Anti-discrimination, hate crimes & hate speech

Tunisian law provides no anti-discrimination protections based on sexual orientation or gender identity in employment, housing, education, or healthcare. The 2017 Law on Eliminating Violence Against Women (Law 58-2017) was a landmark achievement for women’s rights advocacy but does not include explicit protections for LGBTQI+ women or recognition of SOGI-based violence.

Hate crimes

No hate crime framework exists for SOGI-based violence in Tunisia. Violence against LGBTQI+ individuals — including assault, rape, and “corrective” violence — is prosecuted, if at all, under general criminal provisions without recognition of its discriminatory motivation. Damj’s 2021 Access to Justice report documents the extreme reluctance of LGBTQI+ victims to report violence to authorities, given that reporting exposes the victim to prosecution under Article 230.

Healthcare access

Damj operates a psychosocial support line and provides referrals to trusted health providers. Mental health support for LGBTQI+ individuals is largely unavailable within the public system. Calls to Damj’s support line increased 35% in 2024.

Employment protection (SOGI)
None
Housing protection
None
Healthcare (SOGI)
Available via Damj & NGO network
Law 58-2017 (VAW)
Does not explicitly cover LGBTQ+
Hate crime law (SOGI)
None
Hate speech law (SOGI)
None
Violence reporting risk
High — victim may be prosecuted
Psychosocial support
Damj provides — growing demand
Relationships, family & adoption

Same-sex relationships are not legally recognized in Tunisia. The Personal Status Code (1956) — a landmark reform by President Bourguiba that abolished polygamy and gave women extensive rights — defines marriage as between a man and a woman. There is no civil union or domestic partnership framework.

The 2017 presidential commission (COLIBE)

In August 2017, President Beji Caid Essebsi established the Individual Freedoms and Equality Committee (COLIBE) — the only official government body in the Arab world to formally review the criminalization of homosexuality. COLIBE’s June 2018 report recommended repealing Article 230 and equalizing the age of consent. The report did not address relationship recognition.

President Essebsi failed to table the COLIBE recommendations in parliament before his death in July 2019. No successor government has revived the proposals. The Saied presidency has explicitly rejected decriminalization. Nevertheless, the COLIBE report remains a significant landmark as the only official recommendation for decriminalization from any Maghreb government.

Same-sex marriage
No
Civil union
No
Domestic partnership
No
Joint adoption
No
Second-parent adoption
No
COLIBE recommendation (2018)
Decrim only — not relationship recognition
Legislative follow-up (COLIBE)
None — Essebsi died 2019, Saied hostile
Gender recognition & intersex protections

Tunisia provides no legal gender recognition for transgender individuals. The Civil Status Code defines gender as binary and immutable. No administrative or judicial process exists for name or gender marker changes. Trans people are therefore unable to obtain documents matching their identity, with severe consequences across all areas of life including employment, travel, healthcare, and encounters with authorities.

Trans people and criminalization

Trans people — particularly trans women — face prosecution under both Article 230 and Article 226ter (public decency). Police targeting of visibly trans women has been documented in multiple Damj and HRW reports, with trans women subjected to repeated arbitrary detention, forced examinations, and abuse in custody. Trans people represent a disproportionate share of reported arbitrary arrests documented by Damj.

Intersex people

Tunisia has no legal framework protecting intersex people’s rights or bodily autonomy. Medical interventions on intersex children to “normalize” sex characteristics are unregulated, lacking consent frameworks or independent oversight. Civil society organizations including Chouf have begun raising intersex issues in their advocacy, but there is no political constituency for reform.

Legal gender recognition
Not available
Name change
Not available
Gender-affirming healthcare
Not available (public)
Non-binary recognition
No
Trans people — arrest risk
High — disproportionate targeting
Trans women — forced exams
Documented
Intersex protections
None
Intersex medical consent
No legal requirement
Freedom of assembly, expression & civil society

Unique civil society landscape

Tunisia’s civil society environment has experienced a dramatic arc since 2011. The post-revolution period (2011–2021) saw an unprecedented expansion of civic organizing. The Organizations Law (Decree-Law 88-2011) dramatically simplified the process for establishing associations, allowing Damj (2011), Chouf (2013), Shams (2015), and Mawjoudin (2015) to formally register.

Shams — the precedent-setting case

Shams became the first openly LGBTQI+ association to register in Tunisia and the Arab world. When the government sought to suspend Shams in 2017, the Administrative Court of First Instance upheld Shams’ legal existence — a landmark ruling that civil society organizations across the region cited as precedent.

Post-2021 environment — Saied’s impact

President Saied’s seizure of extraordinary powers in July 2021 and the subsequent 2022 constitution fundamentally altered the operating environment. Decree-Law 2022-154 dramatically increased state control over civil society, requiring associations to register receipts from foreign funding with authorities and submit to audit. All four LGBTQI+ associations face increased exposure to closure proceedings under “foreign interference” grounds.

Mawjoudin Queer Film Festival

Mawjoudin has held its Queer Film Festival annually since 2018, making it the first — and still the only — queer film festival in the Arab world. Police have attempted to interfere on several occasions; the festival has continued through legal advocacy and international visibility. The 8th edition is confirmed for June 2025.

LGBTQ+ orgs registered
Yes — Shams, Damj, Mawjoudin, Chouf
Civil society (Decree 2022-154)
Significantly restricted
Shams suspension (2017)
Overturned by administrative court
Pride events
None possible — arrests would follow
Queer film festival
Mawjoudin QFF — annual since 2018
Online expression
Monitored — arrests documented
Foreign funding restrictions
Decree 2022-154 creates closure risk
Judicial independence
Weakened — org protection reduced
Asile, migration et protection internationale

Demandeur·euses d'asile LGBTQI+ tunisien·nes en Europe

La France, l'Allemagne, la Belgique et la Suisse sont les principales destinations des demandeur·euses d'asile LGBTQI+ tunisien·nes. L'existence d'une infrastructure de plaidoyer organisée en Tunisie — Shams et Damj — fait que les demandeur·euses d'asile venant de Tunisie disposent souvent de preuves documentées de leur engagement auprès d'organisations de la société civile, ce qui peut étayer l'évaluation de la crédibilité dans les procédures d'asile européennes.

Le rapport de la COLIBE (2018) et les décisions des organes de traités de l'ONU (dont la condamnation de 2023 par le Comité contre la torture, CAT) constituent des preuves documentaires précieuses dans les procédures d'asile.

Migrant·es subsaharien·nes en Tunisie

Le discours du président Saïed en février 2023, présentant les migrant·es d'Afrique subsaharienne comme l'élément d'un complot de « remplacement démographique », a déclenché une vague de violences et d'expulsions forcées de migrant·es africain·es en Tunisie. Les personnes LGBTQI+ au sein de cette population se trouvent dans une situation d'extrême vulnérabilité, le gouvernement de Saïed ayant supprimé jusqu'aux maigres protections qui existaient auparavant.

Convention de Genève sur les réfugiés
Signataire (1957, Protocole de 1967)
Procédure d'asile nationale
Dépendante du HCR — système formel faible
Asile en France / dans l'UE
Tunisien·nes LGBTQ+ reconnu·es comme GSP
Rapport COLIBE — valeur pour l'asile
Document de preuve clé pour les demandes d'asile
Migrant·es subsaharien·nes
Extrêmement vulnérables — hostilité de Saïed
UN & international engagement

Tunisia has the most substantive record of UN engagement among the three Maghreb countries. Shams and Damj have submitted shadow reports to multiple treaty bodies, including the UPR (2017, 2022), the ICCPR Human Rights Committee (2020), and the Committee Against Torture (2016, 2023). The Committee Against Torture’s 2023 follow-up on forced examinations is particularly significant: it represents one of the clearest applications of the torture convention to this practice globally.

The COLIBE process (2017–2018) represented an unusual engagement between international human rights standards and domestic legal review — the commission explicitly referenced ICCPR obligations in its recommendation to repeal Article 230. This was immediately suppressed by conservative forces and has not been revived.

Mechanism / YearRecommendation or outcomeState response
2008 — UPR Cycle 1Decriminalization recommended by multiple statesNoted — no action
2012 — UPR Cycle 2Multiple SOGI recommendationsNoted
2017 — UPR Cycle 3Shams submits first shadow report; decrim recommendedNoted — COLIBE established 2017
2018 — COLIBE reportPresidential commission recommends Art. 230 repeal + equal age of consentEssebsi died 2019; not enacted
2020 — ICCPR HRCArt. 230 repeal + end of forced exams recommendedNo action
2022 — UPR Cycle 4Shams & Damj submit shadow reports; 12+ states recommend decrimUnder review
2023 — CAT reviewForced anal examinations formally condemned as torture or CIDTFollow-up issued May 2025; awaiting response
2023 — CCPR reviewArt. 230 repeal; forced exam ban; non-discrimination protections recommendedNo action under Saied
IE-SOGIPublicly raised Tunisia’s forced examinationsOfficial visit not approved
EU bilateral dialogueHuman rights benchmarks; org closures and forced exams raisedLimited domestic impact
Key events & legal timeline
Legal / repressive Community / advocacy Political context
1881
French protectorate begins
European legal codes are introduced into Tunisia, shaping the penal framework retained after independence. Colonial-era morality provisions would survive into the modern code.
1913
Penal Code enacted — Art. 230
Article 230 of the Penal Code criminalizes same-sex acts. Colonial-era origin. Applies to all genders: up to 3 years imprisonment.
1956
Independence & Personal Status Code
Independence from France. Bourguiba’s Personal Status Code abolishes polygamy and grants women extensive rights; marriage is defined as between a man and a woman.
2011
Revolution & associations decree-law
The 2010–2011 revolution ends Ben Ali’s rule. Decree-Law 88-2011 dramatically eases the registration of associations, opening space for civil society.
20xx
Damj created
Formally registered in 2011, under the new associations decree-law.
20xx
Chouf created
Formally registered in 2013.
2014
2014 Constitution
Praised as progressive; it guarantees freedom of conscience but contains no SOGI protections. A Constitutional Court is provided for but never seated.
20xx
Shams created
Registered in 2015.
20xx
Mawjoudin created
Registered in 2015; later founder of the region’s first queer film festival.
2017
COLIBE established
President Essebsi creates the Individual Freedoms and Equality Committee — the only official Arab-world body to review decriminalization.
2017
Shams suspension overturned
After the government sought to suspend Shams, the Administrative Court of First Instance upheld its legal existence — a precedent cited across the region.
2018
COLIBE report
Recommends repealing Article 230 and equalizing the age of consent. Never tabled in parliament.
2018
Mawjoudin Queer Film Festival
First edition held — the first, and still the only, queer film festival in the Arab world.
2019
Essebsi dies — COLIBE shelved
President Essebsi dies in July without tabling the COLIBE recommendations. No successor government revives them.
2020
ICCPR Human Rights Committee
The Committee recommends repealing Article 230 and ending forced anal examinations. No state action follows.
2021
Saied seizes extraordinary powers
In July, President Saied suspends parliament and assumes rule by decree, narrowing civic space.
2022
New constitution & Decree-Law 54
The 2022 constitution concentrates power and weakens civil society. Decree-Law 54 on “false information” becomes the main tool for prosecuting critics.
2022
4th UPR cycle
Shams and Damj submit shadow reports; 12+ states recommend decriminalization.
2023
Anti-migrant speech & violence
President Saied’s February speech on “demographic replacement” triggers violence and forced evictions targeting sub-Saharan migrants; LGBTQI+ migrants are acutely exposed.
2023
CAT condemns forced exams
The Committee Against Torture formally condemns forced anal examinations as torture or ill-treatment.
2024
Mass arrests of journalists & activists
Authorities prosecute journalists, lawyers, and activists under Decree-Law 54. In May, members of registered NGOs supporting migrants and refugees are arrested. The shrinking civic space directly constrains LGBTQI+ organizing.
2025
Escalating crackdown on civil society
Rights organizations are suspended and threatened with dissolution over “suspicious foreign funding”; assets are frozen and journalists imprisoned. LGBTQI+ associations face a heightened risk of closure.
Archives of a Movement

Archives of a Movement

Carto-Queer NA — about this selection
Carto-Queer NA

A glimpse, not a full picture

This is in no way an exhaustive list of the collectives and initiatives at work across the country. It offers a glimpse of the dedication and consistency that queer organizing has sustained here over the past decades — work carried out, often quietly and at real risk, by far more groups and individuals than any single archive could hold.

If your collective or initiative would like to be part of Carto-Queer NA, we would be glad to hear from you. Reach out, and help us keep this record growing.

Get in touch
Chouf — feminist organization (Tunisia)
C
Chouf
A feminist organization for women's bodily & sexual rights (Tunisia)
OrganizationFeministTunisia

About the organization

Chouf (شوف, "look" in Tunisian Arabic) is a Tunisian feminist organization working for the bodily and sexual rights of women. It is built on an egalitarian principle that rejects any hierarchy among its members, and defines itself as a collective of activists who work primarily with audiovisual tools — which it considers the most effective means of producing immediate change and challenging the stereotypes and aggressions women face daily.

Its objectives revolve around one core aim: giving Tunisian women — and queer women in particular — a safe space in which to express themselves freely and develop their potential, against the double discrimination they face both as women and for sexual orientations treated as a departure from social norms. In the post-revolutionary context, Chouf frames feminism as a heightened awareness and a release from the guilt imposed on women seeking intellectual and bodily freedom, rather than as the business of any political system; far from any nationalism, its struggles are grounded in a concrete social and geographic reality — its own.

HUMAN — photo series

HUMAN is a photographic series by Chouf that questions and deconstructs gender roles and the clichés attached to gender.

Chouftouhonna — feminist arts festival

Chouftouhonna (roughly "you saw them" in Tunisian Arabic) is a feminist arts festival launched by Chouf in 2015 as a grassroots initiative in post-revolutionary Tunisia — created by and for women and women-identifying artists. Described as the only festival of its kind in the region, it has gathered hundreds of artists from dozens of countries for exhibitions, screenings, live performances, workshops and lectures on feminist issues, while deliberately challenging gender roles, patriarchy and class privilege — including the elite, cis-male monopoly on the arts.

Archiving note: NACSP does not own any of this material and claims no rights over it. Chouf, Chouftouhonna and all their works belong to their original creators. These files are mirrored here solely as part of our archiving and preservation efforts, to keep this community work accessible. If you are a rights holder and would like an item removed, please contact us.

Mawjoudin: Initiative for Equality (Tunisia)
M
Mawjoudin
Initiative for Equality — “We exist” (Tunisia)
OrganizationSOGIESCTunisia

About the organization

Mawjoudin (موجودين, "we exist" in Arabic) — Mawjoudin: Initiative for Equality — is a Tunisian non-profit organization, licensed since 2014, working at the intersection of human rights, bodily autonomy and sexual rights. Rooted in an intersectional approach, it advocates for a society free from discrimination based on sexual orientation, gender identity and expression, and sex characteristics (SOGIESC), where non-normative sexualities and gender expressions are recognized, respected and no longer criminalized.

Mawjoudin pursues this vision through a range of activities: legal and human-rights documentation, advocacy at the national and regional levels, community capacity building, awareness raising, and the creation of safe spaces for queer people in Tunisia. It also actively supports queer artistic production as a tool of visibility and resistance. At its core, the organization works to build a stronger, better-informed community — one that knows its rights and has the tools to advocate for itself.

Focus areas

Human rights advocacySOGIESC rightsLegal documentationCommunity capacity buildingSafe spacesAwareness raisingQueer arts & cultureIntersectionalityGender equalityBodily autonomy

Archiving note: NACSP does not own any of this material and claims no rights over it. Mawjoudin and all its publications belong to their original creators and are hosted on the organization's own website. These works are referenced and linked here solely as part of our archiving and preservation efforts, to keep this community work accessible. If you are a rights holder and would like an item removed, please contact us.

Damj — Tunisian Association for Justice and Equality
D
Damj
Tunisian Association for Justice and Equality
OrganizationHuman rightsTunisia

About the organization

Damj (دمج, "inclusion" in Arabic) — the Tunisian Association for Justice and Equality — is a human rights organization that promotes justice, equality and inclusion for the LGBTIQ+ community in Tunisia. It was established in 2002 (and formally registered in 2011) to safeguard the rights of marginalized people facing criminalization and discrimination on the basis of their sexual orientation and gender identity.

The organization works to decriminalize homosexuality and diverse gender identities — notably through efforts to repeal Article 230 of the Tunisian Penal Code — channelling its work through legal reform, networking and community gatherings, and collaboration with civil-society partners. Its advocacy extends to the national and international levels, in partnership with human rights groups, to advance legal empowerment for the queer community in Tunisia. Alongside this, Damj provides protection, legal assistance and capacity building for queer individuals and activists.

In carrying out this work, Damj has itself faced serious violations and challenges — including discrimination, violence, defamation campaigns and the unjust arrest of its staff and members.

Archiving note: NACSP does not own any of this material and claims no rights over it. Damj and all its publications belong to their original creators. These files are mirrored here solely as part of our archiving and preservation efforts, to keep this community work accessible. If you are a rights holder and would like a file removed, please contact us.

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