Amnesty International has criticized Tunisian authorities for what the organization describes as intensified arrests targeting LGBTI individuals. Since September 2024, at least 84 individuals, predominantly gay men and transgender women, have been detained amid a surge in homophobic and transphobic online rhetoric. This campaign, reached new heights with the backing of Tunisian President Kais Said, who has long been supportive of punitive measures against homosexuality.
The Tunisian penal system has been at the forefront of this crackdown, with authorities leveraging Article 230 of the Penal Code. This legislation explicitly criminalizes acts described as “sodomy and lesbianism” and is further bolstered by Article 226, prohibiting behavior against “good morals or public morality.” The categorical use of these laws against displays of non-conforming gender identity highlights the breadth of legal measures used during the crackdown.
Arrested individuals have reportedly faced significant mistreatment, including compelled anal examinations aimed at collecting evidence of same-sex relations. According to international standards, such examinations are deemed as forms of torture, in contravention of the UN Convention Against Torture.
LGBTI activists have also faced arrest and harassment. Activist Mira Ben Salah, affiliated with the Damj Association for Justice and Equality, reported ongoing harassment connected to her activism. Despite filing complaints with the Public Prosecutor at Tunisia’s Court of First Instance, progress has been minimal. These developments follow a noted shift in the country’s human rights climate, as previously acknowledged by Amnesty’s Secretary General after a visit in 2024.
Amnesty is advocating for the immediate release of detained LGBTI individuals, underscoring that, while no explicit international conventions prohibit discrimination based on sexual orientation and gender identity, the Universal Declaration of Human Rights is foundational. Article 1 of this declaration is often interpreted as a mandate for governments to uphold the rights of all individuals, irrespective of sexual orientation or gender identity. In January 2024, Human Rights Watch also urged Meta to enhance protections for LGBTQ+ individuals against prosecution through data sharing with Middle Eastern security forces.
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