Several members of parliament have submitted a bill to amend and supplement certain provisions of Tunisia’s Citizenship Code.
In the explanatory memorandum, the MPs said the Tunisian Citizenship Code enshrines the mechanism of naturalisation, which—based on comparative experiences—is viewed as a political and legal tool used by states to integrate foreign nationals in a manner that reflects a country’s security, economic and social orientations. They argued that Tunisia cannot live in isolation from its regional and international environment, nor can it bear, in the future, any potential adverse consequences stemming from irregular situations that are worsening day after day.
They stressed that the state is the sole legal authority responsible for granting citizenship and that, in this area, it exercises its sovereignty over its territory. Naturalisation, from this standpoint, is a complex process that is not limited to a fixed period of residence or a handful of other conditions, but also—and above all—depends on a sense of belonging and loyalty to the country. It must primarily take into account the nation’s best interests, avert any potential threats to security and social peace, and preserve the country’s demographic balance.
The MPs also said Tunisia cannot remain on the sidelines of legislative developments in this field, citing several comparative experiences aimed at attracting exceptional skills and talents, and at promoting economic naturalisation and other avenues for granting citizenship to distinguished individuals in a range of sought-after fields, who are expected to have a positive impact across social, cultural, sporting, scientific and economic life, among others.
Under Article 1, the bill provides for the repeal of Articles 8, 9, 10 and 20 of the Tunisian Citizenship Code, to be replaced as follows:
Article 8 (new): Any person born in Tunisia to stateless parents who have been residing in Tunisia for at least ten years shall be Tunisian.
Article 9 (new): Any person born in Tunisia to unknown parents shall be Tunisian. However, if their parentage is later established by any means, they shall be deemed never to have been Tunisian. Likewise, anyone whose foreign parentage is established and whose nationality becomes that of the foreign parent under the latter’s national law shall be deemed never to have been Tunisian.
Article 10 (new): A newborn found in Tunisia shall be presumed to have been born there until proven otherwise.
Article 20 (new): Tunisian citizenship may not be granted to a foreign national by way of naturalisation unless they prove that they entered Tunisia legally and regularly and have habitually resided there, in accordance with the applicable laws and regulations, for seven consecutive years prior to submitting their application—subject to the exceptions provided for under Article 21 of the Code.
Article 2: A new fourth item is added to Article 21 of the Tunisian Citizenship Code, and a new Article 38 bis is introduced as follows:
Article 21, item 4 (new):
(4) A foreign national whose naturalisation offers exceptional benefit, and who possesses outstanding skills in any scientific, technological, artistic, cultural, sporting or economic field; or who practises a profession needed by the country or holds rare specialisations; or who contributes to Tunisia’s standing, growth and employment—according to criteria to be set by decree.
The above characteristics, or any one of them, shall be established on the basis of the qualifications and supporting documents submitted by the applicant, or on the basis of information that may be provided by the relevant body in connection with the profession, activity or specialisation concerned.
Article 38 bis:
Notwithstanding the provisions of Articles 36, 37 and 38 of this Code, in all cases where the person’s parentage is established, or where it is proven that the entry of their parents—or either of them—into Tunisia occurred outside the legal and regular frameworks, they shall lose the Tunisian citizenship obtained pursuant to Articles 8, 9 and 10 of this Code, and shall be deemed never to have acquired it.
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