TUNISIA DEBATES LAW THAT WOULD CRIMINALISE OFFENCES AGAINST SACRED VALUES

August 16, 2012

On the 17 December 2010, Mohamed Bouazizi, a 26-year-old Tunisian graduate, turned street merchant, set himself on fire. He was protesting at his rough treatment by officials who confiscated his goods, because he did not have a licence. This event ignited the Tunisian revolution which lead to the ousting of President Zine El Abidine Ben Ali on January 14, 2011, after 23 years in power. It was also the catalyst that sparked the revolutions that spread eastwards, toppling other long standing Heads of State as they swept along. When elections were held in Tunisia on 23 October 2011, the Islamist Nahda party won the largest share of seats, but it hastily reassured moderates and secularist that it was not planning to impose Sharia Law, although its new constitution did declare that the President's religion would have to be Islam.

Ennahda group at the Tunisian Constituent Assembly

Less than a year later, there are more worrying signs. A Draft Law is being debated that would make it a criminal offence to offend religious values through "words, images or acts".

Agnes Callamard, Executive Director of ARTICLE 19, an organisation established in 1987 that campaigns against censorship, raised serious concerns about the proposed legislation:

"If adopted, the Draft Law will represent a serious setback to the democratic transition in Tunisia. It will be a huge blow to Tunisians, who suffered enormously from censorship and restrictions on their freedom of speech under Ben Ali’s regime. We urge the Tunisian Parliament to reject it and to respect, protect and fulfil hard-fought freedoms for all Tunisians."

Apart from imposing unfair restrictions on freedom of speech, the vagueness of the proposed law would inhibit any open dialogue on religion for fear of legal reprisals. Besides, it would contravene the spirit of Article 19 of the Universal Declaration of Human Rights:

"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."