Dall’abolizione della dhimma alla Costituzione del 2014: la (dis)uguaglianza dei non musulmani in Tunisia

Against the background of a thriving literature denouncing the subordinate position of religious minorities in the Muslim countries, the article focuses on the status of the Jewish community in Tunisia from the abolition of the dhimma in the mid-nineteenth century to the 2014 Constitution. This overview enables us to observe the progressive reform of Tunisian institutions in terms of centralisation, rationalisation, equality of duties and rights, freedom of religious practice and belief. The 1857 Fundamental Pact and the 1861 Constitution are analysed in the first part of the article along with the plural legal systems of the pre-colonial and colonial periods. Habib Bourguiba’s secular policies contributed further to the reinforcement of the nation-state’s cohesion and the equality of citizens, however at the detriment of pluralism. Finally the constitutional provisions of the 2014 Constitution are scrutinised as far as religious minorities are concerned. While conforming to global trends, Tunisia preserves its cultural specificity and historical legacies. In spite of the formal changes in the law, there is still evidence that the Jews in Tunisia – whose number has diminished over the decades – do not enjoy full citizenship. Reports in the media highlight the persistence of intolerant behaviour, while the Jewish community leaders are inclined to keep a low profile and claim the protection of the state. Despite legislation has led to social changes, residual traces of status differentiation are still detectable even in Tunisian law.