Prostitution In Tunisia
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Prostitution in Tunisia is regulated and confined to two small areas, one in
Sfax Sfax ( ; , ) is a major port city in Tunisia, located southeast of Tunis. The city, founded in AD849 on the ruins of Taparura, is the capital of the Sfax Governorate (about 955,421 inhabitants in 2014), and a Mediterranean port. Sfax has a ...
and the other, Sidi Abdallah Guech in
Tunis Tunis (, ') is the capital city, capital and largest city of Tunisia. The greater metropolitan area of Tunis, often referred to as "Grand Tunis", has about 2,700,000 inhabitants. , it is the third-largest city in the Maghreb region (after Casabl ...
. Outside these two areas
prostitution Prostitution is a type of sex work that involves engaging in sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, no ...
is illegal. Although the number of registered
prostitute Prostitution is a type of sex work that involves engaging in sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, non-pe ...
s is low, many work illegally, especially since the closure of most of the
red-light districts A red-light district or pleasure district is a part of an urban area where a concentration of prostitution and sex-oriented businesses, such as sex shops, strip clubs, and adult theaters, are found. In most cases, red-light districts are partic ...
as a consequence of the Jasmine Revolution in 2011.
UNAIDS The Joint United Nations Programme on HIV and AIDS (UNAIDS; , ONUSIDA) is the main advocate for accelerated, comprehensive and coordinated global action on the HIV/AIDS pandemic. The mission of UNAIDS is to lead, strengthen and support an ex ...
estimate there to be around 25,000 prostitutes in the country. Sex workers and
NGO A non-governmental organization (NGO) is an independent, typically nonprofit organization that operates outside government control, though it may get a significant percentage of its funding from government or corporate sources. NGOs often focus ...
s report law enforcement to be abusive, inconsistent and corrupt.


History

During the Ottoman period in Tunisia, prostitutes were taxed according to appearance; the better looking the woman, the more she had to pay. Prostitution was also connected to
slavery in Tunisia Slavery in Tunisia was a specific manifestation of the Arab slave trade, which was abolished on 23 January 1846 by Ahmed I Bey. Tunisia was in a similar position to that of Algeria, with a geographic position which linked it with the main Trans ...
. The
Islamic Law Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intan ...
formally prohibited prostitution. However, since the principle of
concubinage in Islam In classical Islamic law, a concubine was an unmarried slave-woman with whom her master engaged in sexual relations. Concubinage was widely accepted by Muslim scholars until the abolition of slavery in the 20th-century. Most modern Muslims, both ...
in
Islamic Law Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intan ...
allowed a man to have sexual intercourse with his female slave, prostitution in the Islamic world was commonly practiced by a pimp selling his female slave on the slave market to a client, who was then allowed to have sex with her as her new owner; the client would then cancel his purchase and return the slave to her pimp on the pretext of discontent, which was a legal and accepted method for prostitution in the Islamic world. Slavery was nominally abolished in 1846. Due to the destitute state of former female slaves and the lack of professions for women in Tunisian society, many former female slaves turned to prostitution after manumission; and several decades later, many prostitutes were of slave descent.Scaglioni, M. (2020). Becoming the ‘Abid: Lives and Social Origins in Southern Tunisia. Italien: Ledizioni. The majority of slaves being Black, Blackness came to be associated with hypersexuality and Black prostitutes in high demand. Tunisia became a French protectorate in 1881. In 1883 the '' La Marsa Convention'' made French law applicable in Tunisia. At that time
brothels A brothel, strumpet house, bordello, bawdy house, ranch, house of ill repute, house of ill fame, or whorehouse is a place where people engage in sexual activity with prostitutes. For legal or cultural reasons, establishments often describe t ...
and prostitution were legal in
France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
and therefore also in Tunisia. The first maison de tolérance (brothel) appeared in Tunis in 1882. In 1889, a regularity system was introduced, and biweekly medical examinations for prostitutes were made mandatory to try to stop the spread of
syphilis Syphilis () is a sexually transmitted infection caused by the bacterium ''Treponema pallidum'' subspecies ''pallidum''. The signs and symptoms depend on the stage it presents: primary, secondary, latent syphilis, latent or tertiary. The prim ...
. During the
German occupation of France The Military Administration in France (; ) was an interim occupation authority established by Nazi Germany during World War II to administer the occupied zone in areas of northern and western France. This so-called ' was established in June 19 ...
in WWII, the
Vichy Government Vichy France (; 10 July 1940 – 9 August 1944), officially the French State ('), was a French rump state headed by Marshal Philippe Pétain during World War II, established as a result of the French capitulation after the defeat against ...
was pressured into further regulating prostitution to try to prevent the spread of
STI STI may refer to: In science and technology Biology and psychology * Sexually transmitted infection * Signal transduction inhibitor, a drug type * Soft tissue injury * Symptom targeted intervention Symptom targeted intervention (STI) is a cli ...
s amongst German troops. Still controlled by Vichy France, the Tunisian government legalised the status of sex workers as "''fonctionnaires''" (civil servants) in 1942. Those issued with a ''fonctionnaires'' licence were subject to strict regulation. Without a licence, prostitution became illegal. Clients of illegal prostitutes were also criminalised as accomplices. Regulated areas of prostitution were present in most cities. After Tunisia was occupied by Axis forces in WWII, as in other occupied territories,
military brothels A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. Militaries are typically authorized and maintained by a sovereign state, with their members identifiable by a d ...
were set up, often using interned Jews. In 1977, the Tunisian
Ministry of the Interior An interior ministry or ministry of the interior (also called ministry of home affairs or ministry of internal affairs) is a government department that is responsible for domestic policy, public security and law enforcement. In some states, the ...
amended the 1942 decree to reflect the social and legislative developments the country had undergone.


Jasmine Revolution

Prior to the 2011 Jasmine Revolution, there were around 300 legal sex workers in about 12 areas including Tunis, Sfax,
Sousse Sousse, Sūsah , or Soussa (, ), is a city in Tunisia, capital of the Sousse Governorate. Located south of the capital Tunis, the city has 271,428 inhabitants (2014). Sousse is in the central-east of the country, on the Gulf of Hammamet, which ...
,
Gabès Gabès (, ; ), also spelled Cabès, Cabes, and Kabes, is the capital of the Gabès Governorate in Tunisia. Situated on the coast of the Gulf of Gabès, the city has a population of 167,863, making it the 6th largest city in Tunisia. Located 327 ...
and
Kairouan Kairouan (, ), also spelled El Qayrawān or Kairwan ( , ), is the capital of the Kairouan Governorate in Tunisia and a UNESCO World Heritage Site. The city was founded by the Umayyads around 670, in the period of Caliph Mu'awiya (reigned 661 ...
. Following the revolution, the Islamist government turned a blind eye to
fundamentalist Fundamentalism is a tendency among certain groups and individuals that are characterized by the application of a strict literal interpretation to scriptures, dogmas, or ideologies, along with a strong belief in the importance of distinguishin ...
action against the red light districts. Many were burnt down; in others the prostitutes were evicted and the buildings wrecked. All but those in Tunis and Sfax 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.


Legislation


Regulated

Regulations for prostitution and brothels were introduced by a Ministry of the Interior decree on April 30, 1942: * 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
STI STI may refer to: In science and technology Biology and psychology * Sexually transmitted infection * Signal transduction inhibitor, a drug type * Soft tissue injury * Symptom targeted intervention Symptom targeted intervention (STI) is a cli ...
s 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: Generally clients are dealt with less severely, and usually only fined.


Sex trafficking

Tunisia is a source, destination, and possible transit country for men, women, and children subjected to
sex trafficking Sex trafficking is human trafficking for the purpose of sexual exploitation. Perpetrators of the crime are called sex traffickers or pimps—people who manipulate victims to engage in various forms of commercial sex with paying customers. Se ...
. 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 Lebanon, officially the Republic of Lebanon, is a country in the Levant region of West Asia. Situated at the crossroads of the Mediterranean Basin and the Arabian Peninsula, it is bordered by Syria to the north and east, Israel to the south ...
,
United Arab Emirates The United Arab Emirates (UAE), or simply the Emirates, is a country in West Asia, in the Middle East, at the eastern end of the Arabian Peninsula. It is a Federal monarchy, federal elective monarchy made up of Emirates of the United Arab E ...
, and
Jordan Jordan, officially the Hashemite Kingdom of Jordan, is a country in the Southern Levant region of West Asia. Jordan is bordered by Syria to the north, Iraq to the east, Saudi Arabia to the south, and Israel and the occupied Palestinian ter ...
. In 2016, the
Ministry of Justice A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
(MOJ) reported 22 prosecutions involving
forced prostitution Forced prostitution, also known as involuntary prostitution or compulsory prostitution, is prostitution or sexual slavery that takes place as a result of coercion by a third party. The terms "forced prostitution" or "enforced prostitution" app ...
. The
United States Department of State The United States Department of State (DOS), or simply the State Department, is an United States federal executive departments, executive department of the U.S. federal government responsible for the country's foreign policy of the United State ...
Office to Monitor and Combat Trafficking in Persons The Office to Monitor and Combat Trafficking in Persons (J/TIP) is an agency within the United States Department of State charged with investigating and creating programs to prevent human trafficking both within the United States and internation ...
ranks Tunisia as a " Tier 2" country.


References


Further reading

* * * * * * * * {{Africa in topic, Prostitution in Society of Tunisia
Tunisia Tunisia, officially the Republic of Tunisia, is a country in the Maghreb region of North Africa. It is bordered by Algeria to the west and southwest, Libya to the southeast, and the Mediterranean Sea to the north and east. Tunisia also shares m ...