In a region where silence is often enforced and conformity rewarded, a solitary voice rose to challenge deeply entrenched taboos. What followed was not merely a legal battle—but a relentless confrontation with the boundaries of law, dignity, and identity. At the heart of this resistance stands Maître Mounir Baatour, a lawyer whose commitment to justice and equality redefined what is possible in the face of systemic repression. The following account is not just a chronology—it is a testament.
Lawyer Mounir Baatour’s activism for the LGBTQI+ cause at the national and international levels
Shams association, known for its fight to decriminalize homosexuality, is among the active voices in matters affecting sexual minorities. Its existence was preceded by a Facebook page launched on November 2, 2014, calling for the decriminalization of homosexuality in Tunisia. The page quickly attracted over 30,000 followers, according to Mounir Baatour, the association’s founder.
Shams was the first to call for a ban on forced anal examinations. In 2015, the group published a poster urging individuals to refuse such tests.
In 2016, represented by lawyer Mounir Baatour, Shams won a lawsuit against the Secretary General of the government. The Tunis Court of First Instance annulled an order suspending the association’s activities, citing it violated Decree-Law No. 2011-88 on associations.
In 2019 and 2020, courts repeatedly confirmed Shams’ right to operate legally, despite government appeals claiming that its activities contradicted Tunisian traditions.
In 2018, Mounir Baatour successfully defended Shams Radio against a lawsuit by the National Council of Imams seeking its closure. The radio station, the first online gay radio in the Arab world, was allowed to continue broadcasting.
In 2023, a landmark court ruling in Kairouan dismissed charges against a queer activist due to illegal police procedure—highlighting the judiciary’s growing attention to due process and privacy.
Legal overview of the situation of homosexual rights in Tunisia
Under Article 230 of the Penal Code, same-sex relations between consenting adults are punishable by three years’ imprisonment. This provision violates constitutional principles of rights and freedoms.
The article is used to prosecute individuals based on vague definitions and illegal evidence, such as forced anal exams, violating bodily integrity.
Mounir Baatour filed two petitions to the African Court on Human and Peoples’ Rights. One denounced torture, persecution, and discrimination against LGBTQ+ people in Tunisia. The other targeted forced anal examinations as cruel and inhuman treatment.
Homosexuals subject to legal, institutional, and social discrimination
Article 23 of the Tunisian Constitution enshrines the principle of non-discrimination, which can be interpreted to include sexual orientation. International conventions also support this reading.
Article 230, by criminalizing same-sex relations, violates equality before the law and perpetuates systemic discrimination. The Yogyakarta Principles recommend the repeal of such criminal provisions.
Homosexuals subject to arbitrary arrests and violations of the right to a fair trial
LGBTQI+ persons face biased treatment in courts, often convicted with illegal evidence. The UNHCR notes that fear of prosecution prevents them from seeking police protection.
The Yogyakarta Principles urge states to protect LGBTQI+ individuals from prosecution motivated by prejudice.
In Muslim-majority countries, homosexuality is seen as unnatural, leading to prejudiced judicial attitudes and stereotypical reasoning in verdicts.
Homosexuals subjected to torture and inhuman, degrading, and cruel treatment
The United Nations and other human rights bodies have condemned Tunisia’s use of forced anal examinations. These tests are considered torture under international law.
The Tunisian Constitution and Penal Code prohibit torture, yet medical and judicial professionals involved in these acts have not been held accountable.
In 2011, Tunisia ratified the Optional Protocol to the Convention against Torture. However, systemic violations persist, undermining dignity and human integrity.
In a report to the International Criminal Court, Maître Baatour accused Tunisian state authorities, including President Kaïs Saïed, of crimes against humanity for authorizing and covering up these practices.
By exposing the injustice endured by the LGBTQI+ community in Tunisia, Maître Mounir Baatour has played a pivotal role in the struggle for equal rights. His fight transcends national boundaries, embodying a voice of resistance against discriminatory laws and inhumane practices. This document stands as a testament to his unwavering commitment, his courage in the face of repression, and the enduring necessity of pursuing a more inclusive justice.
