Prostitution in Tunisia

Prostitution in Tunisia is regulated[1][2][3] and confined to two small areas, one in Sfax and the other, Sidi Abdallah Guech in Tunis. Outside these two areas prostitution is illegal.[2][3][4]

Although the number of registered prostitutes is low, many work illegally, especially since the closure of most of the red-light districts as a consequence of the Jasmine Revolution in 2011.[5] UNAIDS estimate there to be around 25,000 prostitutes in the country.[6] Sex workers and NGOs report law enforcement to be abusive, inconsistent and corrupt.[5][3]

History

During the Ottoman period in Tunisia, prostitutes were taxed according to appearance; the better looking the woman the more she had to pay.[7]

Tunisia became a French Protectorate in 1881. In 1883 the La Marsa Convention made French law applicable in Tunisia. At that time brothels and prostitution were legal in France and therefore also in Tunisia. The first maison de tolérance (brothel) appeared in Tunis in 1882.[8] In 1889, a regularity system was introduced,[8] and biweekly medical examinations for prostitutes were made mandatory to try and stop the spread of syphilis.[9]

During the German occupation of France in WWII, the Vichy Government was pressured into further regulating prostitution to try and prevent the spread of STIs amongst German troops.[10] Still controlled by Vichy France, the Tunisian government legalised the status of sex workers as "fonctionnaires" (civil servants) in 1942.[1] Those issued with a fonctionnaires licence were subject to strict regulation.[1] Without a licence, prostitution became illegal. Clients of illegal prostitutes were also criminalised as accomplices. Regulated areas of prostitution were present in most cities.[2]

After Tunisia was occupied by Axis forces in WWII, as in other occupied territories, military brothels were set up, often using interned Jews.[11]

In 1977, the Tunisian Ministry of the Interior amended the 1942 decree to reflect the social and legislative developments the country had undergone.[12]

Jasmine Revolution

Prior to the 2011 Jasmine Revolution, there were around 300 legal sex workers in about 12 areas including Tunis, Sfax, Sousse, Gabès and Kairouan.[9] Following the Revolution, the Islamist government turned a blind eye to fundamentalist action against the red light districts.[1] Many were burnt down; in others the prostitutes were evicted and the buildings wrecked. All but those in Tunis[1] and Sfax[13] were closed, those two being saved by the action of locals preventing the fundamentalists entering the areas until police and military arrived.

In 2014 there was a petition to the Ministry of the Interior to allow the red light district in Sousse to reopen but this was unsuccessful.[13][14]

Legislation

Regulated

Regulations for prostitution and brothels were introduced by a Ministry of the Interior decree on April 30, 1942:[1][3]

  • Sex workers need to register and be licensed as fonctionnaires (civil servants)
  • Prostitution can only take place in designated areas
  • Prostitutes may work independently or in brothels
  • Prostitutes may not leave the designated areas except by permit
  • Twice weekly medical examinations for STIs are mandatory
  • Taxes must be paid
  • Time off is only allowed for menstruation
  • Sex workers are not allowed to engage in any other occupation
  • The use of condoms is compulsory
  • Patronnes of brothels must be female, over 35 and have the permission of their husband

Non-Regulated

Article 231 of The Penal Code:

Except in the cases provided for by the regulations in force, women who, by gestures or words, offer themselves to passers-by or engage in prostitution even occasionally, shall be punished from 6 months to 2 years' imprisonment and 20 To 200 dinars of fine. Everyone who has had sexual intercourse with one of these women is considered as an accomplice and punished with the same penalty.

— Translation from original in French[15]

Generally clients are dealt with less severely, and usually only fined.

Sex trafficking
See also: Human trafficking in Tunisia

Tunisia is a source, destination, and possible transit country for men, women, and children subjected to sex trafficking. According to a baseline study published in 2013, Tunisian youth are subjected to various forms of trafficking. International organizations report an increased presence of street children and rural children working to support their families in Tunisia since the 2011 revolution; according to the baseline study, these children are vulnerable to sex trafficking. Tunisian women have reportedly been forced into prostitution under false promises of work both within the country and elsewhere in the region, such as Lebanon, United Arab Emirates, and Jordan. In 2016, the Ministry of Justice (MOJ) reported 22 prosecutions involving forced prostitution.[16]

The United States Department of State Office to Monitor and Combat Trafficking in Persons ranks Tunisia as a "Tier 2" country.[16]

References
  1. Omlin, Christina. "The Big Reveal". Qantara. Retrieved April 16, 2017.
  2. "What We Don't Know about Sex in the Middle East". Zocalo. 2010-10-25. Retrieved April 16, 2017.
  3. "Sex Work Law". Institute of Development Studies. Retrieved April 16, 2017.
  4. "FAQ: Amnesty policy to protect the human rights of sex workers". Amnesty International. Retrieved April 16, 2017.
  5. "Assaulted And Accused - Sexual And Gender-Based Violence In Tunisia" (PDF). Amnesty International. 2015. Retrieved 15 July 2018.
  6. "Sex workers: Population size estimate - Number, 2016". www.aidsinfoonline.org. UNAIDS. Archived from the original on 4 June 2019. Retrieved 21 July 2018.
  7. El Feki 2013, p. 201.
  8. Lee, Daniel (19 July 2017). "Prostitution in Tunis" (PDF). Trafficking in Women (1924-1926). www.oecd-ilibrary.org. United Nations Historical Series. University of Sheffield, UK. pp. 228–231. doi:10.18356/1f6b8a39-en. ISBN 9789210601566. Retrieved 15 July 2018.
  9. El Feki 2013, p. 202.
  10. McNeill, Tony. "Gender and the Occupation". Retrieved April 16, 2017.
  11. Tugend, Tom (April 13, 2007). "Wiesenthal Center honors one of Shoah's righteous Arabs". Jewish Journal. Retrieved April 16, 2017.
  12. Chirico, Annalisa. "Prostitution as a matter of freedom" (PDF). Libera Università Internazionale degli Studi Sociali Guido Carli. Retrieved 15 July 2018.
  13. "Prostitutes want Tunisia's red light districts to get back in business". PRI. December 19, 2004. Retrieved April 16, 2017.
  14. Benaziz, Ammar; Smith-Spark, Laura; Abedine, Saad (12 March 2014). "Tunisia sex workers call for brothel to reopen in resort of Sousse". CNN. Retrieved 12 May 2020.
  15. "Code Pénal". Jurisite Tunisie. Retrieved April 16, 2017.
  16. "Tunisia 2017 Trafficking in Persons Report". U.S. Department of State. Archived from the original on 3 July 2017. Retrieved 15 July 2018. This article incorporates text from this source, which is in the public domain.

Further reading


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