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The first play on “gay rights” in the history of Tunisia stirs controversy

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In the “Rio” cinema, in the center of the capital, Tunis, the first play about homosexuals was shown during the past few days, in a precedent not seen in a conservative country whose laws still prohibit homosexuality.
The play “Flagranty” or “Dressed with Crime” by Tunisian director Assia Jaibi (32 years old), was produced in partnership with the local gay rights organization “Mawjoudin”.
A challenge to laws and mentalities
The show runs for two hours and the director tries to reveal the suffering of homosexuals who cannot live with the freedom they desire.
Theatrical makers say it aims to raise awareness and try to change mentalities based on “discrimination”, abolish a “reactionary” law and support gay arts in Tunisia.

Through this theatrical work, the director seeks to bring the suffering of this group into the open and to highlight the harassment they are subjected to, whether those issued by the security forces or from the Tunisian society, which most of its components view homosexuals with an inferior view that is sometimes not free from moral and material violence.
“Flagranty” is the first play that talks about gays in Tunisia and obtains an official permission to show in cinemas, as it has been shown from May 27 to June 04.
The director of the work, Asiya Al-Jaaibi, said that she is taking on this play “a great adventure that is not without challenges, especially as she is well aware that it will be in the face of a mentality that rejects homosexuals and laws that do not recognize their rights, expressing her ambition to convey this challenge to those in charge of festivals and to become a “flagrante”. The first play to present the topic of homosexuality in an official festival.
The position of the state and censorship on the play
Questions were raised about the position of the regulatory authorities in Tunisia, and whether the play had been subjected to a pre-assessment before its presentation, but a member of the Independent High Authority for Audiovisual Communication in Tunisia “HAICA”, Hisham Al-Senoussi, told “Sputnik” that artistic and creative works in general are not subject to censorship. Tribalism or prohibition as long as it does not incite violence or hatred, and if the play is launched, it is not subject to prohibition or censorship.
He pointed out that the authority assumes the duties of censorship of television and radio works and intervenes if a specific violation occurs, adding that the authority intervened earlier in its capacity as a supervisory authority and issued statements against “Setcom” programs shown on television and mocked and bullied homosexuals, their body and their behavior.

It is noteworthy that the state’s supervisory role in this regard is entrusted to the Ministry of Cultural Affairs, whose representatives refused to speak to “Sputnik” in this regard. As for the Syndicate of Dramatic Arts in Tunisia, its mission is not censorship, but rather a professional one and is concerned only with the professional aspects of artists and actors.

It is worth noting that the Tunisian constitution explicitly states that “private life shall not be violated,” meaning that the state is obliged to protect the private space of citizens, including their sexual lives. However, article 230 of the law criminalizes homosexuality and punishes it with three years in prison.
The law criminalizes “sodomy” and “shakeh” with penalties of up to 3 years in prison for those who “willfully publicize indecency.” The accused may be subjected to an anal examination to prove his sexual orientation.
In this regard, Tunisian lawyer Mounir Bensalah said in a statement to “Sputnik” that the play is a work of art and its supervisors have the right to address the issue of homosexuals, noting that this falls within the framework of freedom of expression and conscience guaranteed by the constitution.
And he indicated that it is not possible to hold the supervisors accountable, “because we are not facing a crime, given that the Tunisian legislator imposes a prison sentence of up to three years for the perpetrators of private acts of sodomy between compatible adults,” noting that the punishment extends to the “perpetrators” of these acts only and not those who deal with them in art and representation. .
A mirror of gay suffering
And see A. C (33 years old), a Tunisian gay who refused to give his name, said that art plays an important role in changing mentalities and spreading a culture of acceptance of difference and reconciliation among members of the same society.
He added to “Sputnik” that Flagranty reflected a large part of his daily reality and suffering, and that it gives new hope to homosexuals by improving their living conditions and reducing the severity of daily harassment and clashes with society.
“Why do some people treat the issue of homosexuality as a secondary issue while defending other human rights issues such as the veil, Salafism and atheism? We do not demand additional rights, but we demand that we be empowered with the same rights that the rest of the citizens enjoy in Tunisia.”
Citizens: Freedom has limits
Kholoud Badis (25 years), who did not watch the play, took a decisive stance on this theatrical work, which she says “encourages” the dissemination of a culture alien to her society and establishes normalization with “immoral” behaviors, as she described it.
Kholoud explained in a statement to “Sputnik” that “Flagranti seeks to bring homosexuality out of the secret to the public and make it a normal and palatable matter on the pretext of defending rights, freedoms and equality.”

Kholoud believes that freedom is not absolute and that it is restricted by the teachings of the Islamic religion and legislation, saying, “These people have to abide by the laws of the country in which they live, and it is known to all that Tunisia is an Arab country whose religion is Islam… It is assumed that the issue of homosexuality should not be raised in any field because the law has been resolved.” It was years before independence.
In turn, Muhammad Gharsallah (47 years) said that showing a play that talks about homosexuals and portraying them in the image of the oppressed is a “scandal” for the Tunisian state, which allowed this work to be shown in cinemas.
Muhammad considered in a statement to “Sputnik” that such topics pollute the reputation of the theater and take it away from its noble message, saying, “If the goal is to convince us to accept homosexuals, then it is a distant dream.”
While Idris (37 years old) believes that it is not wrong for the issue of homosexuality to be discussed in cinemas and to be the focus of a work of art, on the other hand, he objects to the way it is dealt with.
He explained in a statement to “Sputnik” that “it is not possible to continue to ignore homosexuality that is gradually spreading in our society, and experience has proven that the security approach does not work and may make matters worse. This issue must be dealt with as a mental illness that requires treatment just as addiction”.
The issue of homosexuality is one of the most controversial topics in Tunisia, and despite the numerous initiatives aimed at changing the laws and withdrawing the criminal chapter on “sodomy”, the Tunisian authorities adhere to the current legislation and often refrain from discussing this issue for fear of a street reaction.
Tunisian President Kais Saied refuses to decriminalize homosexuality and refuses a prison sentence for it.

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