The Indigenous World 2023: Tunisia

Written on 24 March 2023. Posted in Tunisia

As elsewhere in North Africa, the Indigenous population of Tunisia is formed of the Amazigh. There are no official statistics on their number in the country but Amazigh associations estimate there to be around 1 million Tamazight speakers, accounting for some 10% of the total population. Tunisia is the country in which the Amazigh have suffered the greatest forced Arabization. This explains the low proportion of Tamazight speakers in the country. There are, however, increasing numbers of Tunisians who, despite no longer being able to speak Tamazight, still consider themselves Amazigh rather than Arabs.

The Amazigh of Tunisia are spread throughout all of the country’s regions, from Azemour and Sejnane in the north to Tittawin (Tataouine) in the south, passing through El-Kef, Thala, Siliana, Gafsa, Gabès, Matmata, Tozeur, and Djerba. As elsewhere in North Africa, many of Tunisia’s Amazigh have left their mountains and deserts to seek work in the cities and abroad. There are thus a large number of Amazigh in Tunis, where they live in the city’s different neighbourhoods, particularly the old town (Medina), working primarily in skilled crafts and petty trade. The Indigenous Amazigh population can be distinguished not only by their language but also by their culture (traditional dress, music, cooking and Ibadite religion practised by the Amazigh of Djerba).

Since the 2011 “revolution”, numerous Amazigh cultural associations have emerged with the aim of achieving recognition and use of the Amazigh language and culture. The Tunisian state does not, however, recognize the existence of the country’s Amazigh population. Parliament adopted a new Constitution in 2014 that totally obscures the country’s Amazigh (historical, cultural and linguistic) dimensions. The Constitution refers only to the Tunisians’ sources of “Arab and Muslim identity” and expressly affirms Tunisia’s membership of the “culture and civilization of the Arab and Muslim nation”. It commits the state to working to strengthen “the Maghreb union as a stage towards achieving Arab unity […]”. Article 1 goes on to reaffirm that “Tunisia is a free state, […], Islam is its religion, Arabic its language” while Article 5 confirms that “the Tunisian Republic forms part of the Arab Maghreb”. For the Tunisian state, therefore, the Amazigh do not exist in this country.

On an international level, Tunisia has ratified the main international standards and voted in favour of the UN Declaration on the Rights of Indigenous Peoples in 2007. These international texts remain unknown to the vast majority of citizens and legal professionals, and are not applied in domestic courts.

This article is part of the 37^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous person in Tanzania. This photo was taken by Geneviève Rose, and is the cover of the Indigenous World 2023 where this article is featured. Find the Indigenous World 2023 in full here.

A new Constitution for Tunisia that continues to deny the existence of the Amazigh

After President Kais Essaid suspended Parliament on 25 July 2021 and dismissed the Islamist party (Ennahda)-dominated government, he scheduled a constitutional referendum and new parliamentary elections in 2022.

A new Constitution was therefore proposed and adopted by popular referendum on 25 July 2022.^[1] For the Amazigh, the Indigenous people of Tunisia, this new text does nothing new to recognize them or their rights. Tunisia clearly excludes its Amazigh component and does not recognize any diversity. Tunisia is defined as “a unitary state” (Article 4) that “forms part of the Islamic nation” (Article 5) and “part of the Arab nation”. “The official language is Arabic” (Article 6) and it also forms “part of the great Arab Maghreb” (Article 7). The Amazigh people of Tunisia are not even mentioned in the preamble to the new Constitution. Officially, therefore, the Amazigh of this country do not exist and have never existed and, consequently, no specific rights can be recognized to them. Tunisia thus confirms its denial of the Indigenous Amazigh people of this country.

However, in 2016, taking into consideration the alternative reports of NGOs,^[2] the Committee on Economic, Social and Cultural Rights recommended that Tunisia recognize the language and culture of the Indigenous Amazigh people and ensure its protection and promotion, as requested by the Committee on the Elimination of Racial Discrimination in 2009. The committee also asked the State party to collect, on the basis of self-identification, statistics broken down by ethnic and cultural affiliation; to take administrative and legislative measures to ensure the teaching of the Amazigh language at all school levels; to encourage a knowledge of Amazigh history and culture; and to facilitate the smooth running of cultural activities organized by Amazigh cultural associations.^[3]

To date, none of these recommendations have been acted upon. Tunisia is content merely to use some aspects of the Indigenous Amazigh culture (Berber carpets, jewellery, festivals, in particular) as a tourist attraction.

Tunisia faces its fourth Universal Periodic Review (UPR)

Tunisia submitted its fourth report to the UPR Committee in November 2022. Most of the comments focused on the themes of democracy and the excessive concentration of power in the hands of the Head of State, together with the narrowing of freedoms due to increasingly restrictive legislation.

With regard to the Amazigh community in Tunisia, the recommendations were limited to guaranteeing the right of Amazigh children to an intercultural and bilingual education that respects their culture and traditions, in particular by incorporating Tamazight as a second language in school, and to take measures, in cooperation with Amazigh cultural associations, to enhance and make Amazigh cultural practices better known.^[4],[5] These recommendations are the same as those made to the Tunisian government in 2021 by the Committee on the Rights of the Child (CRC/C/TUN/CO/4-6).

Nature conservation and protected areas

Protected areas in Tunisia are of recent creation (1977) and are under the supervision of two different administrations: the Ministry of Agriculture and the Ministry of the Environment. Other ministries, such as those of Economic Development, Finance, Defence, Equipment and Housing, and Tourism are, however, also involved in conservation policy to varying degrees. The legislation concerning the conservation of biodiversity and protected areas comprises the Forestry Code of 1988 and Law No. 2009-49 of 21 July 2009.^[6],[7]

Tunisia has also signed a significant number of international texts: the Convention on World Cultural and Natural Heritage (1975), the CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora (1975), the African Convention on the Conservation of Nature and Natural Resources (1977), the Ramsar Convention on Wetlands of International Importance (1981), the Barcelona Protocol on Specially Protected Areas in the Mediterranean (1983), the Bonn Convention on Migratory Species (1986), the Rio Convention on Biological Diversity (CBD, 1993), the Cartagena Protocol on Biodiversity (2002), the International Treaty on Plant Genetic Resources for Food and Agriculture (2003), and the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA, 2004).^[8] This might lead one to believe that Tunisia attaches high importance to the preservation of nature but the reality is very disappointing.

Tunisia, an arid country with a Mediterranean climate and an average rainfall not exceeding 200 mm/year, is home to slightly more than 7,000 species of terrestrial and aquatic animals and plants. The country has 17 national parks (four of which have been classified as biosphere reserves), 27 nature reserves, four wildlife reserves and 38 wetlands of international importance. They account for 7.18% of the national territory,^[9] very far from the 30% target set by the 2022 UN Biodiversity Conference agreement in Montreal.^[10],[11]

Despite the stated good intentions, political and social instability as well as a general deterioration in living conditions in Tunisia since the 2011 “revolution” have prevented sufficient awareness, both at the level of government and society, of the crucial issue of preserving the country's natural wealth. The lack of financial resources allocated to managing protected areas, the lack of staff, lack of training, weakness of data collection, poaching, corruption, the lack of involvement of Indigenous communities and climate hazards are all challenges that threaten the survival of this country’s animal and plant species. According to biologist and environmental activist, Mohsen Kalboussi:

In Tunisia, protected areas management can be summarized in one simple phrase: fence and ban! These bans first affected the communities that were using these areas before they were put under protection (grazing, collection of wood, vegetation, fruits, medicinal plants...). Conflicts broke out at some sites but the administration imposed its choice on the local populations. A compromise could have been reached but it was not even attempted.^[12]

In Tunisia, as elsewhere, the exclusion of Indigenous communities from decisions concerning their natural resources and territories is the main reason for the failure of conservation and nature protection experiments. These communities must be considered key partners and consequently involved right from the early stages of conservation projects on their territories. They will then be able to contribute their knowledge and know-how to the management of an environment that has been theirs for centuries. A balanced solution must be found between an ecological model and a sustainable economic model whereby Indigenous communities will be able to safeguard their subsistence through the positive spin-offs of protected areas (jobs, tourism, sale of local handicrafts, etc.).

Belkacem Lounes holds a doctorate in Economics and Social Sciences, is a university professor (Grenoble Alpes University), expert member of the Working Group on Indigenous Populations/Communities and Minorities
in Africa of the African Commission on Human and Peoples' Rights, member of the United Nations Expert Mechanism on the Rights of Indigenous Peoples, and author of numerous reports and articles on Amazigh and Indigenous Peoples’ rights.

This article is part of the 37^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous person in Tanzania. This photo was taken by Geneviève Rose, and is the cover of the Indigenous World 2023 where this article is featured. Find the Indigenous World 2023 in full here.

Notes and references

^[1] Constitution of the Tunisian Republic, adopted by referendum on 25 July 2022, http://www.iort.gov.tn/WD120AWP/WD120Awp.exe/CTX_10904-45-niFYFlzLwZ/ConstitutionNew/SYNC_1768356691

^[2] “Eclatante victoire des Amazighs de Tunisie à l’ONU.” Amazigh World  Congress, 15 October 2016, https://www.congres-mondial-amazigh.org/2016/10/15/nouvel-article-de-blog/

^[3] Committee on Economic, Social and Cultural Rights. “Concluding observations on the third periodic report of Tunisia.” 14 November 2016, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=E%2FC.12%2FTUN%2FCO%2F3&Lang=en

^[4] Report of the Office of the United Nations High Commissioner for Human Rights, 7-18/11/2022, https://documents-dds-ny.un.org/doc/UNDOC/GEN/G22/606/32/PDF/G2260632.pdf?OpenElement 

^[5] EPU de Tunisie. “Fiche d´information sur la discrimination contre les minorités et autres groupes marginalisés en Tunisie.” November 2022, https://minorityrights.org/wp-content/uploads/2022/10/UPR_Tunisia_Factsheet_FR-MRG.pdf

 ^[6]République Tunisienne. Code Forestier et ses textes d’aplication. 2010, http://droit-afrique.com/upload/doc/tunisie/Tunisie-Code-2010-forestier.pdf  

^[7] Loi n. 2009-49 du 20 juillet 2009: Loi n. 2009-49 du 20 juillet 2009, relative aux aires marines et côtières protégées. http://www.citet.nat.tn/Portail/doc/SYRACUSE/42446/loi-n-2009-49-du-20-juillet-2009-loi-n-2009-49-du-20-juillet-2009-relative-aux-aires-marines-et-coti?_lg=en-US

^[8] Chakroun, B. Houman., Z. Benaissa., and P. Francour. “Situation alarmante des aires protégées tunisiennes pendant la révolution: échec d´une politique de conservation et remède. Quid de la recherche?” Bulletin de la Société zoologique de France 137, 2012, pp33-47, https://www.researchgate.net/publication/258837217_Situation_alarmante_des_aires_protegees_tunisiennes_pendant_la_revolution_Echec_d%27une_politique_de_conservation_et_remedes_Quid_de_la_recherche

^[9] “Les aires protégées en Tunisie.” OENOMED, article 1, September 2021, https://www.enicbcmed.eu/fr/oenomed-met-en-lumiere-le-lien-entre-les-aires-protegees-et-la-viticulture-en-tunisie

^[10] “UN conference concludes with ‘historic’ deal to protect a third of the world’s biodiversity.” UN News, 19 December 2022, https://news.un.org/en/story/2022/12/1131837.          

^[11] See also: “COP15: un accord historique.” UN, 19 December 2022, https://unric.org/fr/cop15-un-accord-historique/

^[12] Kalboussi, Mohsen. “Menaces sur les aires protégées en Tunisie.” 28 September 2022, https://nawaat.org/2022/09/28/menaces-sur-les-aires-protegees-en-tunisie/

Tags: Global governance, Human rights