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 to 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 to 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]
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.
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]
^
abLee, Daniel (19 July 2017).
"Prostitution in Tunis"(PDF). Trafficking in Women (1924-1926). United Nations Historical Series. University of Sheffield, UK. pp. 228–231.
doi:
10.18356/1f6b8a39-en.
ISBN9789210601566. Retrieved 15 July 2018 – via www.oecd-ilibrary.org.
Kerrou, Mohamed; M'halla, Moncef (1993).
"La prostitution dans la médina de Tunis au XIXe et XXe siècles AAN" [Prostitution in the medina of Tunis in the nineteenth and twentieth centuries]. North Africa Yearbook, National Center for Scientific Research; Institute for Research and Studies on the Arab and Muslim World (in French): 201–221.
Soupault, Ré (2001). Metzner, Manfred (ed.). Frauenportraits aus dem 'Quartier reserve' in Tunis [Portraits of Women in the Quartier Reserve in Tunis] (in German). Das Wunderhorn.
ISBN9783884231401.
ASIN3884231405.