Tunisian MPs Submit Bill to Amend Nationality Code
Summary:
A group of Tunisian parliamentarians has introduced a draft law aimed at revising and expanding several provisions of the Code de la nationalité tunisienne, especially those concerning naturalisation and nationality by birth.
Key Objectives of the Bill
-
Naturalisation Requirements:
The draft ties the grant of Tunisian nationality by naturalisation to two main conditions:- Legal entry onto Tunisian territory, and
- Continuous, habitual residence for seven years immediately preceding the application.
-
Children Born in Tunisia:
Adjustments are proposed for children born in Tunisia to stateless parents or to unknown parents.
Sovereignty at the Heart of the Reform
In the explanatory memorandum, the deputies argue that naturalisation is, in comparative experience, a political and legal tool that allows states to integrate foreigners according to their security, economic, and social priorities.
- Tunisia, they claim, cannot evolve outside its regional and international context nor ignore the potential repercussions of irregular situations, which they say are worsening.
- The initiative stresses that the State remains the sole competent authority to grant nationality, exercising its sovereignty.
- Naturalisation should not be reduced to a mere period of residence or formal criteria; it must also be based on a genuine sense of belonging and loyalty to the nation.
- The deputies underline the need to protect the country’s higher interest, prevent any threats to security and social peace, and maintain the national demographic balance.
Attracting Talent and Institutionalising Economic Naturalisation
The proposal also calls for Tunisia to follow legislative trends observed in several countries, with the aim of attracting exceptional skills and talent.
- MPs advocate for the recognition of “economic naturalisation” and other forms of nationality grants for distinguished profiles in strategic sectors.
- They argue that such individuals could generate positive impacts on social, cultural, sporting, scientific, and economic fronts.
Main Amendments Proposed
The first article of the draft calls for the repeal of Articles 8, 9, 10, and 20 of the current Nationality Code, replacing them with new provisions:
| New Article | Provision |
|---|---|
| Article 8 (new) | Any child born in Tunisia to stateless parents who have resided in Tunisia for at least ten years is considered Tunisian. |
| Article 9 (new) | Any child born in Tunisia to unknown parents is considered Tunisian. However, if parentage is later established by any means, the child is deemed never to have been Tunisian. The same applies if foreign parentage is proven and the child acquires that foreign nationality according to the latter’s national law. |
| Article 10 (new) | Any newborn found in Tunisia is presumed to have been born there until proven otherwise. |
| Article 20 (new) | Tunisian nationality may be granted to a foreigner by naturalisation only if the applicant proves legal, regular entry into Tunisia and continuous habitual residence for seven consecutive years prior to filing the request, in line with current legislation and regulations, subject to the exceptions listed in Article 21 of the Code. |
Next Steps
The legislative initiative must now navigate the parliamentary process, undergoing examination and debate within the relevant committees before a possible plenary vote.
Keywords: Tunisian nationality law, naturalisation, citizenship by birth, economic naturalisation, legislative reform, Tunisian Parliament, demographic balance, talent attraction.
