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ISSUE BRIEF 06.24.20 Women in Action in Tunisia Khedija Arfaoui, Ph.D., Independent Human Rights Researcher Tunisia has long been recognized for its concern is the status of women in state progressive attitude toward women,1 with institutions, including courts, police stations, feminist organizations emerging as early and gendarmeries. Nine years after the as 1936.2 Moroccan author Tahar Ben 2011 uprisings, Tunisian women have not Jelloun suggests that, “[Tunisia] is the most lost any of their rights, but the move for progressive country in the Arab world.”3 equality is far from over and the need to Caroline Perrot asserts that “Tunisia is seen change societal norms remains a core issue. as a forerunner for women's rights in the Discrimination has persisted in Tunisia and it Arab world.”4 Valentine Moghadam shares seems the freedoms granted to women were the same view, stating, “Legal reforms mostly implemented in order to improve made Tunisia the most liberal country in the country’s reputation in the West. This the Arab world.”5 Women have been able brief aims to further an understanding of the to successfully lobby the government to substantive changes, if any, that women in ratify the Commission on the Elimination of Tunisia have experienced. Discrimination Against Women (CEDAW)6 and have demanded action against all forms of discrimination and violence.7 Women RECENT ACHIEVEMENTS AND continued to elevate their status after the SETBACKS IN WOMEN’S EQUALITY 2011 uprising using grassroots mobilization Education efforts, leading to support from politicians. Previously, decisions about women’s The government’s will to decrease gender status were made at the government level inequality has allowed women’s access to and women were not consulted. This was education in Tunisia to continue to expand. the case with the Code of Personal Status Tunisia’s prioritization of female education is (CSP)—a series of progressive laws that admirable and bound for success. Tunisia’s Nine years after aimed to promote gender equality—adopted future looks much more liberal and altruistic the 2011 uprisings, in 1957. The CPS was said to be “a gift on a than many of its regional counterparts, silver tray” to women because, as President though only time will tell if this leads to Tunisian women have Habib Bourguiba argued, it was created genuine change for the country.10 not lost any of their without any demands from women.8 Nearly 100% of the country’s girls rights, but the move for The shift toward women’s autonomy are educated — a higher percentage than equality is far from over and the power to enact change was quite boys.11 According to UNESCO figures , the education rate between young men and and the need to change an achievement, as the Tunisian Association of Democratic Women (ATFD)9 experienced women in Tunisia is almost equal; in 2007, societal norms remains difficulties denouncing matrimonial violence 96.7% of girls and 95.5% of boys were a core issue. and marital rape under the repressive enrolled in primary education.12 Sexual regime of President Zine el-Abidine Ben health education has also increased after Ali (1987-2011). Now, a growing area of a backlash regarding a teacher who raped over 20 children in a small city in southern
RICE UNIVERSITY’S BAKER INSTITUTE FOR PUBLIC POLICY // ISSUE BRIEF // 06.24.20 Tunisia. In 2018, Yamina Zoghlami, a Following Essebsi’s death in July 2019, conservative member of parliament and of conservative politicians were elected to the Islamic Ennahdha party, unexpectedly the position of president (Kais Said) and supported this move, saying, “There are head of parliament (Rached Ghannouchi, young Tunisians who consider the body the head of Ennahdha). President Said was to be haram [forbidden in Islam]. The elected with 72.8% of the vote, despite his ministry of education is very outdated on lack of political experience. He promised this subject; young people must be taught to “make the most of his popularity to bring scientific sex education so that they can about substantial changes."16 After several protect themselves and others.”13 months of debate, a new cabinet was Despite its modern Women would not have been able to finally proposed in February 2020, which— approach to many move forward in their struggle for equality unfortunately—contains too few women. issues, Tunisia has without an education, though many in poor Despite its modern approach to many not been able to bring and rural areas still face major barriers, such issues, Tunisia has not been able to bring about needed changes, as a lack of public transport or a shortage of about needed changes, partly as a result water. In these rural regions, primary and of the number of extreme Islamists and partly as a result of the secondary school children may still have Shari’a proponents who are increasingly number of extreme to walk kilometers to school, facing many found in parliament. There are a total of 74 Islamists and Shari’a risks. In 2019, a young girl named Maya Islamists in Tunisia’s parliament out of 217 proponents who are had to walk through a flooded river to get members, one third of whom are women.17 home from school. She died, resulting in In March 2020, Mohamed Affes, the deputy increasingly found substantial media attention. Maya was the from the Al-Karama coalition, proudly in parliament. daughter of a poor couple who lived in utter and vociferously defended takfir-ism—or poverty. They viewed her education as a accusing non-believers of being infidels— path to stable employment and to helping when he proposed that security agents her parents lead more comfortable lives. should cut off the hands of thieves, as is While this incident led to demands that done in more religiously conservative states the government spend more on educational such as Saudi Arabia. Such pronouncements institutions and hospitals, rather than indicate that extreme Islamist government mosques, such requests inevitably provoke officials would like to see a move away from the ire of Islamists who consider them to a secular state and a return to Shari’a law.18 be blasphemy. Additionally, there are several restrictive laws impeding progress on women’s rights. Government Bochra BelHmida, a lawyer, former president Tunisia owes much of its success in the area of ATFD, a former member of parliament, of women’s rights to former President Habib and chair of the special commission created Bourguiba, “who introduced the concept by former President Essebsi for the defense of modernity with a secular spirit and of individual rights (COLIBE), has noted respecting female rights” and dared to speak several violations of human rights in existing about equal rights to inheritance.14 Women’s laws.19 For example, a couple caught kissing demands also led the late President Beji in a car in the northern suburb of Tunis Caied Essebsi—a follower of Bourguiba who resulted in the man—who was a foreigner— was very supportive of women’s equality— being jailed for days. There was also the to appoint a commission dedicated to case of a woman who was refused service women’s rights. Kemal Daoud, an Algerian at a courthouse because a female public writer, wrote of Essebsi, “The president of servant said she was dressed indecently. Tunisia has become the leading figure of These are just some of the tactics currently reformism in the Arab world by advocating used by Islamists to change the fabric of life equal inheritance rights for Muslim women in Tunisia. and their right to marry non-Muslim foreigners.”15 2
WOMEN IN ACTION IN TUNISIA Activism Against Sexual Harassment Aswat Nissa took part in this defensive Tunisian feminists have followed the global feminist wave against sexual harassment. “#MeToo” movement. Headed by Aswat They organized an event and created a Nissa (Women’s Voices) and other feminist corresponding app called the 2019 Electric NGOs, “Me Too” became “EnaZeda ” in Dunes, which they used to denounce sexual Tunisia. The aim was to encourage female harassment through various slogans and and male victims of sexual violence to break methods of storytelling. Slogans they used their silence.20 Aswat Nissa now comprises included: “Don’t tell me how to dress, 32,648 members who share their stories and tell them not to rape,” and “Have your experiences on a daily basis via organized whistle on you in order to denounce.” A meetings, seminars, press conferences, and former Ennahdha minister and member of radio interviews. parliament also spoke out as part of this In 2019, a Tunisian schoolgirl accused movement by reporting her own sexual one of her teachers of sexual harassment, harassment at age 12.24 which he denied. The parents removed their Other recent mobilizations include a daughter from that school, but when no sit-in organized by the Tunisian Association action was taken against the teacher, the of Democratic Women (ATFD) on January father sued and the teacher was jailed. In 23, 2020, at the Tunis Tribunal. It was mid-January 2020, the teacher’s colleagues organized in support of Rachida Kouki, who went on strike on his behalf with the support experienced workplace violence. On January of the Tunisian Workers’ Union (UGTT). 28, 2020, human rights activist Lina Ben However, there has also been solid support Mhenni was carried to the El Jellaz cemetery of the school girl. On January 29, 2020, and buried by women instead of men, even Aswat Nissa organized a press conference on though this is against a strict tradition in her behalf, with witnesses who are currently Muslim communities. receiving death threats for speaking up. At present, the plaintiff has not been able to prove the sexual harassment and the IMAGE 1 — LINA BEN MHENNI’S FUNERAL investigation conducted by the school administration was not able to find any evidence in support of the accusation.21 In October 2019, a young student reported a parliamentary candidate for allegedly masturbating in front of her school. A video of the shameful event was published on Facebook and widely shared. He attempted to hide behind his parliamentary status, which granted him immunity, but on December 14, 2019, a mass demonstration was organized against this exhibitionist in front of the government headquarters. He was subsequently jailed but after a trial failed to find him guilty he was released on February 13, 2020.22 The demonstration against him was organized by a new feminist group, “Falgatna” (“We’re Fed Up”), which prides itself on being “an SOURCE Karim Benabdallah, via the International Observatory of Human Rights independent, feminist, citizenry movement that aims to resist patriarchy, discrimination, and violence against women assigned at birth or those identifying as women.”23 3
RICE UNIVERSITY’S BAKER INSTITUTE FOR PUBLIC POLICY // ISSUE BRIEF // 06.24.20 This upending of tradition bred anger, of course, among many Tunisian conservatives. CONCLUSION: A LONG ROAD AHEAD Yet it was not the first time that Tunisian Although women have made numerous women have broken this taboo. For example, gains in Tunisia, they have yet to attain in January 2017, my daughter and I followed full, equal rights. Former President Ben Ali’s the coffins of my son and his wife to the repressive laws were much feared and they cemetery; they were among the 39 people still remain an obstacle for anyone who killed in a terrorist attack in Istanbul on dares to express criticism. Labor laws and January 1, 2017. We took this action despite the Penal Code need to be homologated in opposition and shock from our relatives. In line with the 2014 Constitution. Tunisian the past, this would have never occurred, women have not lost any of their rights, but but attitudes are changing. unfortunately, the move toward equality was somewhat halted after the death of former President Beji Caied Essebsi. He IMAGE 2 — MOHAMED ALI AND SENDA AZZABI'S FUNERAL was a strong supporter of women’s rights, encouraging the creation of the COLIBE committee to report on legislative reforms concerning individual freedoms and equality. In order to truly gain parity in the political sphere and promote female leadership, the glass ceiling must be broken. Indeed, although both horizontal and vertical parity have been integrated into electoral legislation on municipalities, gender equality has not yet been reached. While the Parity Law adopted in 2011 mandated that candidate lists must include alternating male and female candidates in any election, women remained under- represented. Hela Gharbi, president of the National Union of Public Works Councillors, declared that men cannot understand NOTE Khedija Arfaoui (left) and daughter Mouna Azzabi at the funeral of Mohamed Ali (Arfaoui’s son) women’s intrinsic problems; they believe and Senda Azzabi (his wife) in Tunis. Ali and Azzabi were killed during a terrorist attack in Istanbul in January 2017. Traditionally coffins in Tunisia are carried solely by men, but Arfaoui and a large group that women’s political activism can only be of women joined the procession. of secondary significance. She added that SOURCE Sofienne Hamdaoui, Agence France-Presse men alone speak in public, “as if one was conveying the message that women cannot be leaders.”25 More broadly, Tunisia ranks toward the bottom of the Global Gender Gap Report, 124th out of 153 countries.26 As Amna Guellali, director of Human Rights Watch in Tunisia, has argued, women’s rights will remain threatened as long as repressive laws do not allow for “key safeguards against abuse.”27 4
WOMEN IN ACTION IN TUNISIA until 2011. They worked despite close scrutiny ENDNOTES from Ben Ali’s police, without any help from 1. Mounira M. Charrad and Amina Zarrugh, the media. They formed working groups and “The Arab Spring and Women’s Rights in alliances with women activists elsewhere in Tunisia,” E-International Relations, September the world, in particular in Morocco, Algeria, 4, 2013, https://www.e-ir.info/2013/09/04/ Mauritania, and more recently Libya. They the-arab-spring-and-womens-rights-in- sought to “to reinterpret the Islamic texts tunisia/; Tucker Hallowell, “Tunisia Makes from a gender sensitive perspective” (Hatem, Strides for Women’s Rights in the Arab World,” 47). Their objective since the beginning has The Borgen Project, August 28, 2017, https:// been to eliminate all forms of discrimination borgenproject.org/womens-rights-in-the- against women (CEDAW). They have not arab-world/. reached this goal, as the battle for equal 2. Khedija Arfaoui, “The Development inheritance continues. of the Feminist Movement in Tunisia: 10. Daniel Lehewych, “Continuing the 1920s-2000s,” The International Journal of fight for girls’ education in Tunisia,” Borgen the Humanities 4, no. 8 (2007): 4. Project, July 18, 2018, https://borgenproject. 3. Tahar Ben Jelloun, “Tahar Ben org/girls-education-in-tunisia. Jelloun: Courageuse Tunisie,” Le Point, 11. Sophie Bessis, Les Arabes, Les Femmes, March 5, 2018, https://www.lepoint.fr/ La Liberté (Albin Michel Editions, 2007), 43. invites-du-point/tahar-ben-jelloun/ 12. Jordan Powell, "7 Facts about tahar-ben-jelloun-courageuse- Education in Tunisia," Borden Project, March tunisie-03-05-2018-2215617_1921.php. 8, 2019. In https://borgenproject.org/7- 4. Caroline Nelly Perrot, “A World facts-about-education-in-tunisia/ Redrawn: Re-think gender roles, says 13. Sarah Leduc, “Tunisia’s 'trailblazing' Tunisian feminist Bochra Belhaj Hmida,” AFP, sex-ed programme struggles out of starting May 28, 2020, https://news.yahoo.com/ blocks,” France 24, January 29, 2020, world-redrawn-think-gender-roles-says- https://www.france24.com/en/20200129- tunisian-feminist-014545724.html. tunisia-s-hailed-sex-education-launch- 5. Valentine M. Moghadam, Modernizing struggles-off-starting-blocks#_=. Women: Gender and Social Change in the 14. Tahar Ben Jelloun, “Tahar Ben Middle-East (Lynne Reiner Publishers: Jelloun: Courageuse Tunisie,” Le Point, 2013), 44. March 5, 2018, https://www.lepoint.fr/ 6. Both Tunisia and Egypt ratified the invites-du-point/tahar-ben-jelloun/ CEDAW in 1985, with some reservations. tahar-ben-jelloun-courageuse- 7. Mervat F. Hatem, “In the Shadow tunisie-03-05-2018-2215617_1921.php. of the State: Changing Definitions of Arab 15. Kamel Daoud, “The next Arab Women’s Developmental’ Citizenship Rights,” Spring? Women’s Rights,” New York Times, Journal of Middle East Women’s Studies 1, October 1, 2017, https://www.nytimes. no.3 (Fall 2005): 42. com/2017/10/01/opinion/the-next-arab- 8. Mounira M. Charrad, States and spring-womens-rights.html. Women’s Rights: The Making of Postcolonial 16. Thierry Brésillon, “Tunisia: For Tunisia, Algeria, and Morocco, (Berkeley, Los President Kais Saied, Democracy Can Be a Angeles and London: University of California New Idea,” Orient XXI, November 6, 2019, Press, 2001), 219. https://orientxxi.info/magazine/tunisia- 9. ATFD, or the Tunisian Association for-president-kais-saied-democracy-can- of Democratic Women, was accepted as be-a-new-idea,3402. an autonomous women’s organization 17. Lisa Bryant, “Tunisian Women Hope in 1989, two years after Ben Ali came to to Secure Gender Parity Gains in Legislative power, and at the same time as AFTURD Vote,” VOA News, February 10, 2019, (Association of Tunisian Women for Research https://www.voanews.com/africa/ on Development). They were to be the only tunisian-women-hope-secure-gender- autonomous women’s rights organizations parity-gains-legislative-vote. 5
RICE UNIVERSITY’S BAKER INSTITUTE FOR PUBLIC POLICY // ISSUE BRIEF // 06.24.20 18. M.B.Z., “Mohamed Affes: nous 26. Gharbi, Chokri, “Parité hommes- n’avons pas honte d'émettre des femmes en Tunisie: Au dessous de la accusations d'apostasie!” Business News, moyenne mondiale,” La Presse, June 5, March 3, 2020, https://www.businessnews. 2020, https://lapresse.tn/48915/parite- com.tn/mohamed-affes--nous-navons- hommes-femmes-en-tunisie-au-dessous- pas-honte-demettre-des-accusations- de-la-moyenne-mondiale/. dapostasie,520,95824,3. 27. ANSAmed, “Tunisia’s lack of 19. Asharq Al-Awsat, “Tunisia: Civil constitutional court hinders rights, HRW,” Society Urges Adoption of Code for Individual January 16, 2020, http://www.ansamed. Freedoms,” January 31, 2020, https:// info/ansamed/en/news/sections/ aawsat.com/english/home/article/2108466/ politics/2020/01/16/tunisias-lack-of- tunisia-civil-society-urges-adoption-code- constitutional-court-hinders-rights- individual-freedoms. hrw_2385138d-00f8-48ec-a346- 20. Mariam Nabbout, “Arab women e75b1faad67c.html. were unstoppable, loud, and tenacious in 2019,” Step Feed, December 17, 2019, https://stepfeed.com/arab-world-s-iconic- REFERENCES date-palm-culture-recognized-by-unesco- Allouche, Yasmina. “Hero of Tunisia’s 2011 heritage-list-9082 revolution, Lina Ben Mhenni dies at 21. A Tunisian newspaper reported that 36.” Middle East Eye, January 27, 2020, the girl had been upset at her teacher who https://www.middleeasteye.net/news/ had refused her proposals, and that she tunisian-activist-dies-after-battle- had likely invented the story. See Le Temps, chronic-illness. January 19, 2020, Société plus. Du côté du prétoire, page 5. Brésillon, Thierry. 2019. “Tunisia: For 22. Unfortunately, nothing came out President Kais Saied, Democracy Can Be of this, and he remained in parliament. An a New Idea.” Orient XXI, June 10. explanation provided in activist circles on Daoud, Kamel. 2017. “The Next Arab Spring? Facebook was that being diabetic, he had Women’s Rights.” New York Times, “disturbances” while he was in his car, with October 1. https://www.nytimes. a violent need to urinate. So he used a bottle com/2017/10/01/opinion/the-next- to urinate and the girl took a photo while he arab-spring-womens-rights.html. was urinating into the bottle. Delmas, Benoît. 2020. “Coup de tonnerre 23. The Arab Weekly, “Tunisian women politique en Tunisie.” Le Point, build momentum in fight against sexual January 11. www.lepoint.fr/afrique/ violence,” December 22, 2019, https:// coup-de-tonnerre_politique-en- thearabweekly.com/tunisian-women- tunisie-11-01-2020-2357227_3826.php. build-momentum-fight-against-sexual- Ghanmi, Lamine. 2020. “In Tunisia violence-0. ‘normalisation’ debate invades tennis 24. Faïrouz Ben Salah, “#EnaZeda, courts.” The Arab Weekly, February 8. Tunisian ‘MeToo’ movement, meets with https://thearabweekly.com/tunisia- both support and swear tactics,” Middle normalisation-debate-invades- East Eye, February 22, 2020, https://www. tennis-courts. middleeasteye.net/news/enazeda-tunisian- Hatem, Mervat. 2002. “Gender and Islamism me-too-movement-support-smear- in the 1990s.” Middle East Report 222: campaigns. 44-47. 25. Karim Ben Said, “Briser le plafond de Leroux, Luc. 2019. “La lutte contre les verre,” La Presse, April 16, 2017, 6. féminicides bouleverse les pratiques de la justice.” Le Monde, December 3, 12. 6
WOMEN IN ACTION IN TUNISIA Marzouki, Ilhem. 1993. Le mouvement des femmes en Tunisie au XXème siècle: ABOUT THE SERIES Féminisme et politique. Tunis: Cérès This brief is part of a series on “Women’s Productions. Grassroots Mobilization in the MENA Region Njuki, Jeminah. 2020. “Generation equality: Post-2011.” The briefs were presented 4 ways to accelerate progress.” IPS at workshops in Rabat, Morocco and News, February 21. http://www. Amman, Jordan in February and March ipsnews.net/2020/02/generation- 2020 hosted by the Moroccan Institute equality-four-ways-accelerate- for Policy Analysis and the American progress/. Center for Oriental Research and involving Kiunguyu, Kylie. 2020. “Tunisia’s Ons Jabeur scholars and activists from Morocco, Tunisia, Is the First Arab Woman to Reach a Lebanon, Turkey, Palestine, and Jordan. The Grand Slam Quarter-Final.” Alla Africa, workshops were funded with the generous January 30. https://allafrica.com/ support of the Kelly Day Endowment as part stories/202001300944.html. of the Baker Institute’s program on Women’s Saidi, Marwa. 2019. Promouvoir le Rights, Human Rights and Refugees. leadership féminin: Briser le plafond de verre. La Presse, June 16. https:// lapresse.tn/12025/promouvoir-le- AUTHOR leadership-feminin-briser-le-plafond- Khedija Arfaoui, Ph.D., is an independent de-verre/. human rights and feminist researcher, and a Seager, Joni. 2018. The Women’s Atlas. New Tunisian activist based in La Marsa, Tunisia. York: Penguin Books. She is the author of two books, The Tunisian Tanit, Sara. 2019. “EnaZeda: Le mouvement Women’s Rights Movement: From Nascent qui désire sensibiliser et lever les tabous Activism to Influential Power-broking (Taylor sur le harcèlement sexuel en Tunisie.” & Francis, 2017), co-authored with Jane D. Tekiano, November 22, https://www. Tchaicha; and Views of American Female See more issue briefs at: tekiano.com/2019/11/22/enazeda-le- Identity in the Sixties and Seventies (Presses www.bakerinstitute.org/issue-briefs mouvement-qui-desire-sensibiliser-et- Académiques Francophones, 2018). This publication was written by a lever-les-tabous-sur-le-harcelement- researcher (or researchers) who sexuel-en-tunisie-videos/. participated in a Baker Institute project. Women Living Under Muslim Laws. 2011. Wherever feasible, this research is “Tunisia: New Electoral Law Prescribes reviewed by outside experts before it is released. However, the views expressed Gender Parity in Upcoming Constituent herein are those of the individual Assembly Elections.” July 22. www. author(s), and do not necessarily wluml.org/node/7452. represent the views of Rice University’s Baker Institute for Public Policy. DEDICATION © 2020 Rice University’s Baker Institute for Public Policy This brief is dedicated to Lina Ben Mhenni, This material may be quoted or a Tunisian blogger, author, and human reproduced without prior permission, rights activist who denounced violence provided appropriate credit is given to and abuse under former President Zine the author and Rice University’s Baker el-Abidine Ben Ali and beyond. She was Institute for Public Policy. known best for her book, A Tunisian Girl (2011). She died at age 36 on January 27, Cite as: Arfaoui, Khedija. 2020. Women in 2020, after a chronic illness. Action in Tunisia. Issue brief no. 06.24.20. Rice University’s Baker Institute for Public Policy, Houston, Texas. 7
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