Tunisian nationality law

The Tunisian nationality law (Arabic: مجلة الجنسية التونسية‎; French: Code de la nationalité tunisienne) governs the acquisition, transmission, and loss of Tunisian nationality.

The law was first promulgated by decree of the Bey of Tunis on January 26, 1956 and substantially amended by the decree-law n°63-6 of February 28, 1963. The last amendment is provided by law No. 2002-4 of 21 January 2002.

Before 1956, two beylical decrees governed the Tunisian nationality: the decree of June 19, 1914 and that of November 8, 1921 regulating respectively the Tunisian nationality and its acquisition.

From 2014, the deprivation of nationality is prohibited, and this in accordance with Article 25 of the Tunisian Constitution of 2014, adopted after the Tunisian Revolution of 2010-2011:

It is forbidden to deprive any Tunisian citizen of his nationality, to exile him, to extradite him or to prevent him from returning to his country.[1]

Structure

The Tunisian Nationality Code is divided into four titles and 65 articles:

  • Preliminary title: General provisions (Articles 1 to 5)
  • Title one: Tunisian nationality (Articles 6 to 38)
  • Title II: Of the administrative procedure (Articles 39 to 47)
  • Title III: Litigation of nationality (Articles 48 to 65)

Transmission of nationality by the mother

The amendment No. 93-74 of the 12th of July 1993[2] amending the Code of Personal Status gives the woman the right to transmit her surname and her nationality[3] to her children in the same way as her husband[4]- even if she is married to a foreigner.[5]

References
  1. Article 25 de la Constitution tunisienne de 2014 (Marsad)
  2. Chronological table of the Code of Personal Status (Jurisite Tunisia)
  3. Samir Gharbi et Sonia Mabrouk, « Vingt ans, vingt dates », Jeune Afrique, 22 octobre 2007
  4. Stephen Ellis, L'Afrique maintenant, éd. Karthala, Paris, 1995, p. 153 ISBN 2865376028
  5. Olivia Marsaud, « Cinquante ans d'indépendance féminine » Archived 2012-10-20 at the Wayback Machine, Radio France internationale, 13 août 2006
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