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Ed Webb

Human Rights Watch Condemns Controversial Defamation Bill : Tunisia Live - News, Econom... - 0 views

  • a new bill that would ban blasphemy in Tunisia. The draft bill, proposed to the Constituent Assembly on Wednesday by Tunisia’s ruling moderate Islamist party Ennahdha, would criminalize “insults, profanity, derision, and representation of Allah and Mohammed.”
  • ” If passed, the draft law would punish such violations of “sacred values” with prison terms of up to two years and fines of up to 2,000 dinars (U.S. $1,236) through an additional article to the Tunisian Penal Code.
  • Mrad justified the bill’s proposal by explaining that the protection of religious symbols does not inherently represent an attack on freedom of expression. “In all societies, you will always find limits and things that you cannot say,” he said, adding, “We [Ennahdha] are committed to granting freedom of expression, but this law is just to set limits for this freedom.”
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  • General Comment 34, a statement issued by the UN Human Rights Committee in July of 2011 stating that defamation of religion is not an acceptable reason for limiting freedoms of speech. According to paragraph 48 of the declaration, “Prohibitions of displays of lack of respect for a religion or other belief system, including blasphemy laws, are incompatible with the Covenant, except in specific circumstances…” Such “specific circumstances” include cases in which national or individual security is deemed to be threatened.
  • Although the country lacks laws criminalizing blasphemy, Article 121.3 of Tunisia’s penal code – which criminalizes disruptions that “harm public order or morality” – has been used to convict individuals found guilty of acts that could be perceived as attacks against Islam.
  • A prosecutor in Tunisia can prosecute on the basis of these two laws together and can add to the sentence. We have seen this in other countries, in other contexts.
Ed Webb

Constitution Calls for 'Neutralilty' of Mosques, but Meaning Unclear - Tunisia Live - 0 views

  • Rumors circulated this weekend that the Friday sermon in Tunisian mosques would soon be standardized by the government, meaning all preachers would read the same text to their congregations, and that political figures would be prohibited from delivering sermons. Officials at the Ministry of Religious Affairs, however, denied that these policies were being implemented.
  • The newly-adopted Tunisian constitution, which was formally adopted last week, not only “protects religion” and “guarantees freedom of belief and conscience,” but also guarantees the political neutrality of the roughly 5,000 mosques in Tunisia. “The state [...] ensures the neutrality of mosques and places of worship away from partisan instrumentalization,” according to Article 6 of the new constitution. This constitutionalized political neutralization of mosques is meant to “limit the interference of strangers in mosques,” Fadhel Achour, president of the National Union of Religious Officials, told Tunisia Live. His union represents clergy working in Tunisia’s mosques.
  • Mghiri oversees the Ministry of Religious Affairs’ Monitoring and Following Commission, which monitors Tunisian mosques. The commission receives petitions from citizens, follows up with them, and collaborates with the Ministry of Interior to curb what Mghiri deemed the “Salafist exploitation” of mosques and to prevent calls for violence in mosques. He also said that imams cannot directly tell those in attendance whom to vote for. Mghiri told Tunisia Live that different people from varied backgrounds gather in mosques and that telling these people for whom they should vote is not only illegal, but also not wise and does not comply with the canonical laws of Islam.
Ed Webb

Tunisia Navigates a Democratic Path Tinged With Religion - NYTimes.com - 0 views

  • “We’re surrendering our right to think and speak differently,”
  • The popular revolts that began to sweep across the Middle East one year ago have forced societies like Tunisia’s, removed from the grip of authoritarian leaders and celebrating an imagined unity, to confront their own complexity.
  • “It’s like a war of attrition,” said Said Ferjani, a member of Ennahda’s political bureau, who complained that his party was trapped between two extremes, the most ardently secular and the religious. “They’re trying not to let us focus on the real issues.”
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  • debates in Tunisia often echo similar confrontations in Turkey, another country with a long history of secular authoritarian rule now governed by a party inspired by political Islam. In both, secular elites long considered themselves a majority and were treated as such by the state. In both, those elites now recognize themselves as minorities and are often mobilized more by the threat than the reality of religious intolerance
  • secular Tunisians might soon retreat to enclaves. “We’ve become the ahl al-dhimma,” he said, offering a term in Islamic law to denote protected minorities in a Muslim state. “It’s like the Middle Ages.”
  • Others insisted that Ennahda take a stronger stand against the Salafis before society became even more polarized. “I don’t see either action or reaction — where is the government?” asked Ahmed Ounaïes, a former diplomat who briefly served as foreign minister after the revolution. “What is Ennahda’s concept of Tunisia of tomorrow? It hasn’t made that clear.”
  • He complained that the case had been “blown out of proportion,” that media were recklessly fueling the debate and that the forces of the old government were inciting Salafis to tarnish Ennahda. But he conceded that the line between freedom of expression and religious sensitivity would not be drawn soon. “The struggle is philosophical,” he said, “and it will go on and on and on.”
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