COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN CONSIDERS REPORT OF TUNISIA
The Committee on the Elimination of Discrimination against Women has considered the combined fifth and sixth periodic reports of Tunisia on how that country implements the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.
Introducing the report, Bebia Bouhnek Chihi, Minister of Women’s, Family, Children’s and Elderly Affairs of Tunisia, said that Tunisia respected its human rights commitments, particularly those protecting women and children. To this end, domestic legislation had been introduced or modified to better guarantee these rights. For example, Article 6 of the Code of Nationality had been modified to establish equality between mothers and fathers for the transmission of nationality to their children. New measures had also been established relating to legal proceedings for the protection of children who were victims of violence or sexual abuse. Tunisia had also established family counsellors to help preserve family links and prevent dissolution of families. The State had adapted Tunisian legislation to international instruments for the fight against human trafficking. Ms. Chihi said the Government had also acceded to the Optional Protocol to the CEDAW Convention and had taken a number of measures to promote CEDAW among judges and all officials responsible for applying the laws.
Questions and issues raised by Experts during the discussion included the issue of domestic violence, marital rape, sexual harassment and other forms of violence against women. What was being done to combat this scourge and what resources were available to victims of violence? Several Committee Experts also raised concerns about reservations Tunisia had to the Convention and when these reservations would be lifted. The delegation from Tunisia was asked about the rights of rural women and what services were available to them in terms of healthcare, access to micro-credit and education. Several questions dealt with women in the labour market and it was noted that while women made up more than 50 per cent of college graduates, they only represented 25 per cent of the labour market. There had also been reports of sexual harassment in the workplace and women seemed to be steered toward certain sectors such as domestic work and teaching fields. Further questions included queries about the protections afforded older women, the participation of women in public and political life, and the freedom of non-governmental organizations and civil society organizations to be involved in the policy-making process.
In concluding remarks, Ms. Chihi expressed her thanks for the frank, sincere and fruitful dialogue her delegation had had with the Committee. The delegation was encouraged by the comments and observations of Committee members and they would take these into account and examine them with care upon their return to Tunisia. The President and first lady of Tunisia constantly sought to advance the cause of women and strengthen their rights.
Also in concluding observations, Naela Gabr, Committee Chairperson, said that Tunisia had always been a pioneer in promoting and protecting women’s rights which could be clearly seen in their commitment and she was certain they would continue to play this pioneering role as the leader of the Organization of Arab Women and she looked forward to the summit to be held next month to strengthen the rights of women in the Arab world. Ms. Gabr expressed her hope that at their next meeting Tunisia would be able to update the Committee on the status of the draft laws that were now under consideration.
The delegation of Tunisia included representatives of the Ministry of Justice and Human Rights, the Chamber of Deputies, the Ministry of Women’s, Family, Children’s and Elderly Affairs and the Permanent Mission of Tunisia to the United Nations Office at Geneva.
The next public meeting of the Committee will be on Tuesday, 12 October at 10 a.m., when the Committee will begin consideration of the fourth periodic report of Malta (CEDAW/C/MLT/4).
Report of Tunisia
The combined fifth and sixth periodic reports of Tunisia (CEDAW/C/TUN/6), presented in one document, states that during the period covered by this report, Tunisia pursued its efforts to change mindsets and behavior so as to help eliminate stereotypes about women. Great importance has been accorded to all the factors capable of dispensing with stereotypes, and also to the issue of violence, both verbal and physical, through the adoption of appropriate legislative, institutional and cultural measures.
Tunisia has taken a number of steps to prevent and contain the violence suffered by women, involving legislative protection, the prevention and elimination of violence against women, public communication and awareness, and the diagnosis of the problem of violence against women. The reforms adopted since 1993, amending articles of the Code of Personal Status and the Penal Code, represent real progress in combating violence against women. Under Article 31 of the Code of Personal Status, a woman (or her child) who has been a victim of battery, blows or injuries, even minor ones, at the hands of the father or husband is entitled to sue for divorce on the grounds of the injury suffered and to seek alimony, housing, custody and reparations in cash for moral and material damage caused by the husband. Although female circumcision is not practiced in Tunisia, the Tunisian Penal Code, consistent with its preventive approach, criminalizes mutilation of genital organs (article 221), as a grave attack on a person’s physical integrity.
The integrated approach that the country has taken to health facilities has played an important role in improving women’s health. 90.6 per cent of local hospitals and primary health-care centres are now providing curative and preventive care, and integrated maternal-child health and family planning services. In the public sector, health coverage has improved noticeably, with an increase in the number of primary health-care centres to 2,075 in 2006, providing an accessibility rate of 90 per cent in the case of fixed facilities and 100 per cent when mobile services are taken into account. The number of general practitioners and midwives working exclusively in primary health centres stood at 1,699 and 1,246 respectively. Reproductive health services provided by qualified medical and paramedical personnel are becoming increasingly available through a network of 44 fixed and mobile family planning and reproductive health centres and 428 peripheral centres, served by mobile teams. The basic network for handling maternity risks, especially in the countryside, comprises 108 peripheral maternity clinics and local hospitals with a total of 2,613 beds. Specialized care is available in 34 level II maternity wards in the regional hospitals, which constitute the first level of referral for specialized care, versus 29 in 1998. There are 11 university centres, constituting the third level of referral.
Presentation of Report
BEBIA BOUHNEK CHIHI, Minister of Women’s, Family, Children’s and Elderly Affairs of Tunisia, presenting the combined fifth and sixth periodic reports of Tunisia, noted that for centuries women had often enjoyed a place of privilege in Tunisia, from Carthage, a city founded by a women, to Kairouan, the first capital of Islam on African land.
In 1956 the first president of independent Tunisia launched the process for women’s emancipation by instituting a legal framework to allow women to enjoy the abolishment of polygamy and to initiate divorce proceedings. Since the first years of its development, Tunisia had gone well beyond its territory to exhibit its commitment to women’s rights, as well as children’s rights and better living conditions. It had encouraged dialogue and cooperation at the international level.
Ms. Chihi was pleased to report that since its last report in 2002, Tunisia had subscribed to an number of international instruments including: the United Nations Convention Against Transnational Organized Crime; the Optional Protocol to the Convention Against Transnational Organized Crime to prevent, protect and punish human trafficking, particularly in women and children; the Protocol Against the Illegal Trafficking of Migrants by Land, Air and Sea; and the two Optional Protocols to the Convention on the Rights of the Child, concerning children in armed conflict and child pornography, child prostitution and the sale of children. Tunisia had also ratified a number of laws at the national level as well.
Ms. Chihi said that Tunisia respected its human rights commitments, particularly those protecting women and children. To this end, domestic legislation had been introduced or modified to better guarantee these rights. For example, Article 6 of the Code of Nationality had been modified to establish equality between mothers and fathers for the transmission of nationality to their children. New measures had also been established relating to legal proceedings for the protection of children who were victims of violence or sexual abuse. Tunisia had also established family counsellors to help preserve family links and prevent dissolution of families and the State had also adapted Tunisian legislation to international instruments for the fight against human trafficking. Ms. Chihi said the Government had also acceded to the Optional Protocol to the CEDAW Convention and had taken a number of measures to promote CEDAW among judges and all officials responsible for applying the laws.
In terms of public and political life, Tunisia had undertaken measures to increase the participation of women in public and political life via a five point presidential programme entitled “New Horizons for Women”. Women now made up 20 per cent of posts in decision-making positions and the 2009-2014 presidential programme aimed to raise this figure to 30 per cent. Women currently made up 32 per cent of regional council positions; 33 per cent of municipal council positions; 25 per cent of constitutional positions; and 20 per cent of economic and social council positions. Women also constituted 44 per cent of lawyers and 32 per cent of magistrates. Women were also actively involved at all levels of the more than 10,000 organizations and associations in the country.
Ms. Chihi said that in terms of education and training, Tunisia had worked to ensure access to education for girls without discrimination. For children aged 6 to 11, the rate of school attendance was 99 per cent for both girls and boys. The rate was 58 per cent for secondary school and the rates of success for girls was currently higher than that for boys, even in technical fields. The goal of the educational system was not only to guarantee equal access to education, but also to ensure the conditions in which all children could complete their education. Where special needs were concerned, girls with disabilities had the same rights as their male counterparts. For children with severe disabilities, special schools were available and Tunisia had begun an integration programme to facilitate the educational development of children with disabilities and their integration into society.
To promote women in the job market, a number of laws had been established, such as the 2000 law that ended the provision that required the prior consent of the husband to allow his wife the right to work, the 2002 law that extended social security to workers in the agricultural and domestic sectors, and the 2005 law that prohibited the employment of children under 16 years of age in the home. Ms. Chihi said that today, women made up 43 per cent of workers in the manufacturing sector, 60 per cent of doctors, 72 per cent of pharmacists, 52 per cent of teachers at the ecole level, 48 per cent of professors at the lycee level and 40 per cent of university professors. Healthcare coverage and accessibility had also been greatly improved, including prenatal healthcare, there was now better data collection and awareness raising campaigns had been conducted which had resulted in lower infant and maternal mortality rates.
In 2007 Tunisia had also adopted a national strategy to combat gender violence and certain laws in the Personal Status Code and the Penal Code had been changed. For example, victims of domestic violence could obtain a divorce, alimony, custody of children and rights to housing. A 2004 law which modified the Penal Code made sexual harassment illegal for the first time in the country’s history. Counselling centres had been opened and legal resources were provided for female victims of violence and there were also registries at police stations and in emergency rooms to register and report instances of domestic violence. Tunisia was also engaged in a number of regional initiatives to strengthen the rights of women, to better inform women of their rights and to also change cultural and societal views about the roles and rights of women.
Questions by Experts
Among questions and issues raised by Committee Experts, the delegation was asked what was meant by Tunisia’s reservation to the Convention when it said that it would not enforce laws that conflicted with Chapter 1 of the Tunisian constitution. What did Chapter 1 of the constitution state and could the delegation explain how this was in keeping with the spirit of the Convention? Also, Tunisia had adopted a number of international instruments and had withdrawn reservations on a number of these conventions. Could the Committee take that to mean that Tunisia would withdraw its reservations to the CEDAW Convention sometime soon?
Another Expert asked what role parliament played in the withdrawal of reservations to a convention. A Committee member asked what role religion played in the adoption of laws or the expression of reservations.
The next Expert to speak said that Tunisia had been a leader in the Arab world in terms of women’s rights and they wanted to see this continue. Perhaps a comparative study should be undertaken of other Arab countries, many of whom had withdrawn reservations to Article 16 of the Convention. In terms of violence against women, what was being done to address marital violence and sexual violence within marriage? Would this also be addressed in the regional strategy that Tunisia was working on with other countries in the region?
Was there a comprehensive gender equality policy in place in the country, or were these views just taken into consideration when adopting legislation? If there was no plan in place, were there any intentions to adopt one? Was the department responsible for women adequately equipped with human and financial resources? Were there any focal points within ministries to help the general policy for the advancement of women and gender equality?
Response by Delegation
Responding to questions, the delegation said, with regard to reservations Tunisia had already taken a number of steps to revise its reservations to the CEDAW Convention. Tunisia was already in a good position when it ratified CEDAW, given that it was so progressive on women’s issues to begin with. There was a need to deal with cultural beliefs and to adopt a more nuanced understanding of religious texts. Legislative reforms included laws on equality between spouses; a law on the minimum marriage age; a law on the sharing of property between husbands and wives; and laws on complete equality between Tunisian mothers and fathers in transmission of nationality to their children. There were also structural issues at play with the involvement of the media, parliament, and non-governmental organizations to change views.
The delegation said that women could now initiate divorce and legislation had developed a lot in terms of alimony, child support and division of property and judges could no longer rely on sharia law to decide these matters. There were many training sessions for judges in 2005 to train them on the treaties and they were aware that they could invoke them in cases. There were many judges and magistrates participating on the local, regional and national levels doing judicial research and writing papers on the use of treaties in domestic law. Their role of implementing international treaties and instruments was very important. Tunisian law was derived form Islamic sharia law, but it had made many strides forward since the 1950s and the institution of the radd, which allowed daughters to inherit from their fathers rather than have her inheritance given to their uncles. The role of the judiciary was important and would remain so and the presence of women in the judiciary would continue to influence the law. A comparative study done on countries that had reservations to the Convention revealed that both Muslim and non-Muslim countries had registered reservations, not based on sharia law, but rather citing customary law and social norms and customs.
The delegation reminded the Committee that great strides had been made in promoting and protecting women’s rights in Tunisia, including the 2002 law on social security for workers in the agricultural and domestic sectors as well as the 2005 law prohibiting the employment of people under 16 as domestic workers. The delegation said that Tunisia faced some cultural and geographical obstacles, but nonetheless it was committed to advancing women’s rights and had made great advances. It was important to bear these challenges in mind, however when assessing their progress. There were also global economic challenges as well as the fight against terrorism and the images in the media that were beamed around the world via satellite television, images that were often detrimental to the fight for women’s equality.
The delegation said that with regards to violence against women there was no specific law, but rather a provision in the criminal code that dealt with all types of violence. There was a provision that listed violence within the family as an aggravating factor. The delegation would speak at greater length about the national and regional plans to combat violence at a later point in the meeting.
Questions by Experts
In a second round of questions and comments, Experts asked about temporary special measures. While commending the progress made in increasing women’s participation in political life, one Expert asked about women’s participation in opposition parties. Did the political quotas apply to these opposition parties or just to parties in power? Also, were there any measures to make sure that women with disabilities had greater participation in political life? Despite the remarkable increase in women’s political participation, there was only one woman minister as of January this year and the number and proportion of women in the ministries had dropped in the last decade, according to numbers provided by the Inter Parliamentary Union. Were there any plans to increase this number through quotas or temporary special measures? Also, what was being done to increase the presence of women in decision-making positions in the private sector? Were there any temporary special measures envisaged to deal with this?
An Expert noted that violence and verbal harassment were reported as being widespread in the workplace as well as on the streets and in public transport. Could more information be provided on the national strategy against violence and what impact it had to date on the issues mentioned above as well as other forms of violence against and harassment of women and girls? Were there any measures being undertaken to bring about a comprehensive domestic violence law, rather than having a piecemeal approach? Turning to sexual violence, the Committee member wanted to know what was being done to bring certain laws into conformity with the Convention, for example, if a rape victim was less than 20 years of age and her rapist agreed to marry her, charges would be dropped. What was being done to amend this law that seemed to reward the rapist? Marital rape was also a concern and a comprehensive law dealing with all manner of sexual violence and harassment would give better protection to victims. What steps were envisaged to create comprehensive legislation dealing with sexual offences?
A Committee member then turned to the issue of domestic workers. The question was whether there was a law that protected them in terms of their working hours and abuse by employers. These workers were largely poor girls from rural areas who came to the city to find work as domestics and they were vulnerable to abuse and violence from employers. Returning to sexual violence, the Expert asked what happened when a rapist was already married or when his victim was a married woman? Allowing a rapist to avoid prosecution by marrying his victim only led to impunity or domestic violence if a man was forced to marry a woman he did not want to marry because he raped her.
Regarding human trafficking, the report covered broad ground that included minimum marriage age and employment protection. Could further information be provided on whether the definition of trafficking used in their legislation was the same as in the Palermo Protocol, whether a coordinating mechanism was included in the bill and whether the bill covered prevention, protection and punishment? On prostitution, there were legally authorized brothels since 1942 and there was healthcare for sex workers. At present, there were approximately 10 such brothels employing 400 sex workers. Why was there still clandestine prostitution considering it was legal, how were these women handled by law enforcement, what was done to address the demand for such services, and what was the correlation between women’s political empowerment and decreasing prostitution?
The next Expert asked how the Government came to the conclusion that there was no problem with human trafficking in Tunisia. What studies or information was this conclusion based on because other sources indicated that Tunisia was a source, destination and possible transit country for trafficking for forced labour and exploitation. What training for judges and other law enforcement officials had been carried out, or was envisaged, regarding human trafficking since the last report? What services were offered to victims of trafficking; for example hotlines, shelters or counselling? What was being done to curb demand for commercial sex? How was the nexus between illegal migration, trafficking and commercial sex being addressed?
Response by Delegation
Responding to those questions, the delegation said regarding temporary special measures, electoral programmes in Tunisia had given particular attention to women’s involvement in public and political life. There was a quota, not institutionalized, to further women’s participation in political life. That quota was 35 per cent and was not applied to the opposition, but it was a sign of the political will to forge ahead.
The delegation said that human trafficking in legal terms was something that was new in Tunisia. The transnational aspect of trafficking was something that was very important to the Government, but Tunisia was aware of very few cases of trafficking in this context and it was not until they participated in international and regional meetings that they shed light on the matter and they were looking at trafficking in domestic situations as well as across borders. Their response changed based on these new insights. This process began in 2007 and their concern was to adapt as much of Tunisian law to the standards and provisions of the Convention.
Regarding illegal prostitution, the delegation said that by definition this was illegal. When a legal centre was closed, it was not replaced with another one. Only 400 women were working in these circumstances at the moment. Tunisia was convinced that the number of prostitutes would decrease as women’s emancipation was enforced.
In terms of conjugal violence and rape, Tunisia remained open to adopting specific legislation for conjugal rape and conjugal violence so that rapists did not escape prosecution. The fact that someone was married to the victim was not grounds for impunity. The victim had to complain, however. In fact, the delegation said these cases were increasingly rare and the fact that there were more female magistrates and lawyers meant that the situation was changing even more quickly.
Turning to domestic workers, the delegation said that the laws enacted regarding social security were to fill the vacuum regarding protections for domestic workers. It was also a question of common law; women’s labour rights were guaranteed by legislation in the public and private sector to ensure that rights were enjoyed in the broadest sense. In terms of case law, a number of cases had been prosecuted and people had been convicted.
Regarding violence against women, the delegation said that research; will at the national and political levels; strategies; and breaking the silence surrounding the topic were all important in combating this scourge. There was now a national action plan for fighting violence, with studies being carried out at the regional level that had provided relevant information to assist in developing methods for combating violence. A survey was undertaken this year and the State had been collaborating with a number of non-governmental organizations to determine how frequently gender based violence occurred. The research and studies sought to profile women who were most susceptible to violence, detail the effects of this violence, and determine how victims used public means of solving the issue. In terms of redress, any crime committed in Tunisia was subject to criminal prosecution. A helpline had been established to provide various types of support, including psychological support and there were also a number of shelters for victims and there was a chance that more of these centres would be made available in the future.
Questions by Experts
In further follow-up questions, Experts said that discrimination affected matters in the private sphere and the delegation was encouraged to address more vigorously these issues of discrimination. Also, was there any help available from the European Union to help illustrate other cultural models that might be employed in the protection and promotion of women’s rights?
Another Committee member asked how the Optional Protocol to the CEDAW Convention would be applied in Tunisia.
Response by the Delegation
In responding to the comment on persistent discrimination in the private sphere, the delegation said it did not see any discrimination in legislation, but perhaps there was discrimination in the application of the law. The presidential action plan did contain a provision to establish an observatory with private businesses to see if they could identity discrimination in the application of the labour code, but the delegation would have to report back on this. There was a lot of work to do in terms of changing mentalities and they received a great deal of cooperation from non-governmental organizations.
Questions by Experts
Turning to the next set of articles in the Convention, Experts wondered how the State guaranteed the achievement of their target percentages for the participation of women in political and public life. Where were there still gaps between men and women in this participation?
Another Committee Member expressed concern about the freedom of non-governmental organizations in the country and their ability to meet and operate freely. There were reports that those non-governmental organizations critical of State policies faced challenges in participating in the policy-making process and their members had even experienced harassment and arbitrary detention. Would the delegation agree that non-governmental organizations were instrumental in developing policy?
Response by the Delegation
The delegation said that regarding the bill on ensuring total equality between men and women in the transmission of their nationality to their children, it was in the lower chamber and the delegation believed it would be promulgated later this year and they left the door open to making it retroactive for people who wanted citizenship.
In terms of the participation of civil society, these organizations were involved in the preparation of the report and they had many consultations with them on various issues, including civil, political, economic, social and cultural, among others. They were consultative bodies involved at all levels of society and non-governmental organizations were included in any discussions of importance to the nation. The Government participated with non-governmental organizations to conduct joint programmes as well.
Regarding the presence of women in international and regional organizations such as UNIFEM, the United Nations Development Programme, the African Union, the United Nations, and the United Nations Educational, Scientific, and Cultural Organization, there were 18 women occupying posts in organizations such as these.
There were nine women presiding on the appeals court and one of them had taken the courageous position of adopting a decree that flew in the face of longstanding legal tradition dating back to the 1950s dealing with the provision of article 16 on the rights of men and women pertaining to inheritance and equal rights between men and women. This case law, along with other texts, would help legislation and mentalities in the country move forward so progress was happening.
Questions by Experts
In a further round of questions, a Committee member noted that the provision of education was a fundamental right guaranteed to all citizens. The figures on education provided in the report, however were not disaggregated based on gender. Could the delegation provide numbers broken down by gender and age, especially since there were discrepancies in the enrolment rates given in various documents? The Expert also asked for information on the quality of education in rural versus urban areas and asked if there had been any systematic studies to identify the factors that led to higher drop out rates for girls, especially as they got older. There was a decline between secondary school and tertiary education in the number of girls studying science; why was this so?
Was the Government doing anything to address patriarchy in society, which often led to gender inequality? The next speaker noted that 59 per cent of university graduates were women, but they only made up 25 per cent of the labour force. How could the delegation explain this gap? There had been growth since 2002, but it was fairly modest in relation to the effort deployed. Had they identified any obstacles that kept women from joining the workforce? The Committee member wanted to know what impact the world economic crisis had had on unemployment rates for women.
A Committee Expert said that despite advancements, there were still very serious problems in the labour market for women. Thirty two per cent of female college graduates were unemployed, for example. It was not enough to say there was no legal discrimination; the Convention said all effective means must be taken and in this case positive measures needed to be taken. Were there any plans by the State to take affirmative measures to ensure women’s advancement in the workplace? There were also reports on serious problems with sexual harassment in the workplace, yet there were no court cases to indicate that the labour inspectorate had taken up any cases of sexual harassment in the workplace despite the fact that it was outlawed in Tunisia.
A Committee Expert asked if the delegation could describe how they supplied social security benefits to workers in the agricultural and domestic sectors, areas that were often informal arrangements, because this would help them develop best practices that the Committee could then pass on to other countries who were struggling with how to provide benefits to workers in the informal economy. The Expert also asked how the labour inspectorate ensured compliance with labour laws, especially in the private sector and how the State combated employment segregation?
Turning to healthcare, a Committee member asked whether adolescent girls had the same access to reproductive health education as boys. Was it still the practice that parents checked the virginity of their daughters and were there any plans to ban this practice? Were there educational measures that informed women to encourage them to obtain pre and postnatal care?
On the question of HIV/AIDS prevention, were there programmes to provide free condoms to prevent the transmission of HIV/AIDS and anti-retrovirals to treat those infected?
Regarding micro-credits, how did the State guarantee that they were used properly and not transferred to uses other than encouraging entrepreneurship in rural areas? Were they part of a larger anti-poverty strategy and what about addressing illiteracy so that women could access micro-credits in the first place? It also appeared that women made up only 25 per cent of micro-credit recipients. Why was the number for men so much higher than women? Was this intentional?
The next speaker had questions about women in rural areas. How were older women in rural areas involved in all these programmes? These women were often overlooked. How was decent living guaranteed for older women such as clean water and sanitation and access to decent housing and healthcare? Was there any action plan to protect the human rights of older women? Did women in rural areas who were victims of violence have access to shelters and the justice system apparatus? How many women in rural areas benefited from the action plan designed to address their needs? What measures had been taken to overcome healthcare inequality between rural and urban women?
Response by the Delegation
Responding to these questions and issues, the delegation said that education was provided free to all regardless of gender. All Tunisian children had the right and the obligation to go to school and it was a crime for parents not to send their children to school. If there was discrepancy in the enrolment numbers it might be connected to the drop out rates in rural areas or percentage of failure at school, which was higher among boys than girls. For rural girls, drop out rates were usually higher due to problems with transportation and the long distances between home and school. The State was working with non-governmental organizations to provide education and the President had kept open schools that had very few pupils to ensure that girls were allowed to continue their education. They were also working to provide lodging to girls who lived a great distance from school. Education to the age of 16 was mandatory.
The delegation said progress had been made in the area of healthcare and increasing healthcare coverage, especially in rural and remote areas of the country, by fostering awareness of women regarding their right to healthcare and making this care more accessible by using mobile healthcare teams. Much remained to be done, and they would continue to work to increase the provision of healthcare.
On the question of the labour market, the participation of women in certain sectors was very high such as in medicine or pharmacy. There were fields that attracted women more than boys such as teaching and they had become highly feminized sectors and highly saturated. The delegation said there was no discrimination, but the reason women went into certain sectors was that it was easier to reconcile certain jobs with family lives so many of them chose fields where they could work part time and earn two thirds of their salary.
A national programme to combat HIV/AIDS had been in place since 1987 and had been strengthened through the years. The plan included medical and psycho-social services without regard to age, socio-economic background or gender. They also focused on preventive and curative services on high risk groups such as migrant women and sex workers. These interventions had allowed the Government to keep the prevalence rate of HIV/AIDS very low, with 1 in 10,000 people infected.
Questions by Experts
Experts had quite a few questions regarding reservations. Inheritance law was seen as one of the biggest obstacles to the advancement of women and this went directly to Article 16(H) of the CEDAW Convention dealing with inheritance. The response from Tunisia was that inheritance was based solely on Islamic law based on Koranic text and it thus it could not be changed and was not open to interpretation. An Expert said that Islam was not monolithic and thus there could be different interpretations just as Tunisia had banned polygamy, which some people would argue was allowed and rooted in Islamic law. The leading cause for poverty for women in Tunisia was disinheritance, followed by the division of property after divorce. Separate property was not in line with Article 16 of CEDAW. Tunisian law also included only tangible property and not intangible property such as work benefits.
In terms of freedom to choose a spouse under Article 16(B), a Tunisian Muslim woman could not marry a non-Muslim man in Tunisia. Many women thus chose to marry outside of Tunisia, but were there marriages considered valid and what was the status of these women and their children? What about the status of children born out of wedlock?
Regarding the Personal Status Code, was the husband defined as the head of household; had the principle of male authority been overcome or not?
Several Committee members posed follow-up questions on questions they felt had been asked, but not answered by the delegation. Committee members reiterated their questions about the labour market which included sexual harassment in the workplace, protection of rights in the informal sector, access to social security benefits, and enforcing the labour code in private businesses. Another Committee Expert reiterated the question regarding the provision of mental health for women, particularly women in vulnerable situation such as battered women. Another Committee member asked whether the reason why authorities received very few complaints was because women were afraid. This seemed to be linked to the fact that there was no comprehensive law on domestic violence and sexual violence. Could the delegation comment on that?
Response by the Delegation
The delegation said that at the legal level, both parents shared responsibility for the family, but at the moral level the head of the family was the husband.
Regarding the labour market, the State had made progress in supporting working women. They envisaged under the 2009-2014 presidential programme to have 98 per cent of women in social coverage. On the issue of pay gaps in the private sector, at the legal level there was no discrimination in salaries, but when there was competition for jobs, men or women could be unemployed even if they had a high level of education, so if they took a job that paid less then that was not a matter of gender. There was a legal framework to reprimand sexual harassment no matter where it took place, who did it or how it was carried out so there was no need to have a specific law regarding sexual harassment in the workplace. Legal redress could only take place when a victim complained and this fell into the cultural domain and a lot of work remained to be done in terms of raising awareness so that women exercised their rights in this field.
According to the delegation, there was no legal provision banning marriage between a Tunisian woman and a non-Tunisian, non-Muslim man. There was no prohibition on this. Also, the law had been changed allowing a mother to transmit her nationality to her children even if they were born abroad.
All programmes to combat violence against women contained provisions to help victims obtain the necessary help and care, including mental healthcare. There was a support system for the mental health of women who were victims of domestic violence or violence in society. The first lady spoke out about breaking the silence surrounding domestic violence in all countries, and it was an international call to action because a woman died every two days as a result of domestic violence. The national strategy had been established and they were now establishing an inter-country Arab strategy.
With regards to property rights, when women drew up the marriage contract the mayor was obliged to inform the spouses about their options in terms of division of property. They had also established a programme to train women for married life in order to teach young people about the responsibilities of married life as well as the rights and duties and it was important for families to be successful so that people could be successful in life.
Concluding Remarks
In concluding remarks, BEBIA BOUHNEK CHIHI, Minister of Women’s, Family, Children’s and Elderly Affairs of Tunisia, expressed her thanks for the frank, sincere and fruitful dialogue. The delegation was encouraged by the comments and observations of Committee members and they would take these into account and examine them with care upon return to Tunisia. The President and first lady constantly sought to advance the cause of women and strengthen their rights. The Minister thanked the secretariat and the interpreters who made things run so smoothly.
Also in concluding observations, NAELA GABR, Committee Chairperson, said that Tunisia had always been a pioneer in promoting and protecting women’s rights which could be clearly seen in their commitment and she was certain they would continue to play this pioneering role as the leader of the Organization of Arab Women and she looked forward to the summit to be held next month to strengthen the rights of women in the Arab world. Ms. Gabr expressed her hope that at their next meeting Tunisia would be able to update the Committee on the status of the draft laws that were now under consideration, but more essential was the implementation of the Convention.
For use of information media; not an official record
CEDAW10/020E