Experts of the Committee on the Elimination of Discrimination against Women Commend Tunisia on Achieving Gender Parity, Ask about Domestic Violence and Women’s Political Participation
The Committee on the Elimination of Discrimination against Women today concluded its consideration of the seventh periodic report of Tunisia, with Experts commending the State on achieving gender parity, and asking questions about domestic violence and women’s participation in politics.
A Committee Expert congratulated the head of delegation as the first female Prime Minster of Tunisia, and the first female Head of Government in the Arab world. The Committee acknowledged that achieving gender parity was one of the hard-won gains of the women’s movement in Tunisia.
Another Committee Expert asked about comprehensive measures in place to eliminate patriarchal attitudes and stereotypes? About 47 per cent of women were victims of intimate partner violence in Tunisia. What were the measures undertaken by the State to make reporting domestic violence accessible at any time? How was the coverage of services, including shelters, ensured for all women, including those who were vulnerable?
A Committee Expert said the proportion of women in the National Parliament had decreased by 5 per cent since 2018, and there were concerns this decrease would continue. What efforts were being made to remedy the severe under-representation of female candidates in elections? Was there an option to reinstate policies around gender parity? It was noted that Tunisia had criminalised political violence, which was ground-breaking for the region. What further steps were being taken to ensure the violence was prevented?
The delegation said Tunisia had undertaken a raft of protective measures to protect women against violence; however, these took time to implement. In March 2022, a circular was published which said that protection would be afforded to female victims of violence by providing them with a medical certificate which attested to the injuries inflicted on them. The State had opened 10 shelters and intended to open seven more, which would cover the entire country. There were also 12 counselling and assistance centres throughout the country. A hotline had been available since 2022, launched on the International Day to Combat Violence against Women.
The delegation said for the last two months, Tunisia had been updating data on the number of women in leadership and political positions. The latest electoral law of September 2022 regulated the legislative elections, and did not make any distinction between men and women when it came to the presentation of candidates. The electoral law could be reviewed, taking into account its effects on the ground. It could be envisaged that further legal measures would be taken to encourage women to stand as candidates during elections. Tunisia would also consider restoring gender legislation on parity between men and women in elections. Tunisian law explicitly prohibited any form of violence against women because of their participation in politics.
Introducing the report, Najla Bouden, Head of Government of Tunisia and head of the delegation, said that since the discussion of the last report in 2010, Tunisia had witnessed many milestones of political, economic and social changes, with women at the forefront. Ms. Bouden said the dialogue with the Committee was an opportunity to tackle the shortcomings being faced by the country, which required redoubling efforts to increase the opportunities offered to girls, and rolling out mechanisms to combat all forms of violence against women, particularly online.
In concluding remarks, Ms. Bouden thanked the Committee for the questions posed. Tunisia wanted its legislation to be progressive to combat the stereotyping challenges which existed within society. Civil society had greatly contributed to Tunisia’s human rights-based approach.
Ana Peláez Narváez, Chair of the Committee, thanked the delegation for the constructive dialogue with the Committee which provided further insight into the situation of women and girls in Tunisia. The Committee commended the State party and encouraged it to make all efforts to implement the Committee’s recommendations.
The delegation of Tunisia consisted of representative from representatives from the Presidency of the Government; Ministry of Foreign Affairs; the Ministry of Justice; the Ministry of National Defence; the Ministry of the Interior; the Ministry of Family, Women, Children and the Elderly; the Ministry of Health; the Ministry of Social Affairs; the Ministry of Education; the Ministry of Vocational Training and Employment; the Ministry of Economy and Planning; the Ministry of the Environment; the Ministry of Youth and Sports; the Ministry of Communication Technologies; the Ministry of Higher Education and Scientific Research; the Ministry of Religious Affairs; the Ministry of Agriculture, Water Resources and Fisheries; the Ministry of State Domains and Land Affairs; the Ministry of Equipment and Housing; the Ministry of Trade and Export Development; the Ministry of Cultural Affairs; the National Institute of Statistics; and the Permanent Mission of Tunisia to the United Nations Office at Geneva.
The Committee on the Elimination of Discrimination against Women’s eighty-fourth session is being held from 6 to 24 February. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. on Monday, 20 February, to review the eighth periodic report of Costa Rica (CEDAW/C/CRI/8).
Report
The Committee has before it the seventh periodic report of Tunisia (CEDAW/C/TUN/7).
Presentation of Report
NAJLA BOUDEN, Head of Government of Tunisia and head of the delegation, said that since the discussion of the last report in 2010, Tunisia had witnessed many milestones of political, economic and social changes, with women at the forefront. The new Constitution affirmed the equality of all citizens, and stated that there should be equal opportunities for men and women to assume responsibilities in all areas, and to strive for parity. At the legislative level, the first reforms undertaken by Tunisia after the revolution in February 2011 were the lifting of reservations to the Convention on the Elimination of Discrimination against Women, and the ratification in 2018 of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa. In 2019, the State submitted its application for accession to the Council of Europe Convention on the Prevention and Combatting of Violence and Domestic Violence against Women.
Several important laws had also been issued, including on preventing and combatting trafficking in persons. In 2017, Tunisia achieved a historic step by issuing the comprehensive law to combat violence against women. Within the framework of combatting the economic exploitation of women, the law on the regulation of domestic work was issued in 2021. The Tunisian Government had also issued the Finance Law, which institutionalised the gender approach in the preparation and implementation of budgets. In 2019, a committee was established to harmonise legal texts related to human rights with international standards.
Today, Tunisian women occupied 55 per cent of female researchers in the scientific research sector, ranking first in Africa and the Arab world. The COVID-19 pandemic had had negative repercussions on women and girls, including an unprecedented rise in rates of violence. Tunisia had taken several measures to address this, including allocating shelters for women victims of violence and children, and dedicating loan instalments to child protection institutions. All migrants and asylum seekers, including women and girls, benefitted from protective services, including vaccination. Tunisia shared the concern of the international community about climate change, and work was underway to prepare the National Plan on Women and Climate Change, which dedicated a comprehensive approach to confronting climate change from a gender perspective.
The fight against violence remained a primary concern for the State. Many steps had been taken at a preventative level, including strengthening the capacities of stakeholders on the ground, preparing a guide for women victims of violence, working to spread the culture of non-violence, and rejecting all forms of extremism, hate speech and discrimination. Ten shelters were built in 2022, and work was underway to establish 14 new centres in 2023 and 2024 to ensure that all states of Tunisia were covered by neighbourhood services for women victims of violence and their children.
Tunisia had launched a new national programme "Pioneers" on International Women’s Day, which aimed to create 3,000 projects to improve the economic position of women. These included agricultural projects, as well as projects for women in vulnerable situations, including women victims of violence and women in rural areas, launched via a digital platform. To increase women's employment in rural areas, Tunisia continued to implement the National Strategy for the Economic and Social Empowerment of Women and Girls in Rural Areas, including the National Project to Combat School Dropouts.
A strategy had been drawn up to support the greater participation of women in elections and as candidates. Elderly women were a key priority of the Tunisian Government, and a multisectoral national strategy for this group covering the period 2022-2030 was being developed. Ms. Bouden said the dialogue with the Committee was an opportunity to tackle the shortcomings being faced by the country, which required redoubling efforts to increase the opportunities offered to girls, and rolling out mechanisms to combat all forms of violence against women, particularly online. The delegation looked forward to receiving the Committee’s recommendations.
Questions by a Committee Expert
NICOLE AMELINE, Committee Expert and Country Rapporteur for Tunisia, said Tunisia had provided a leading example within the Arab world for a long time and it had achieved significant legislative progress. The 2014 Constitution clearly withdrew Tunisia’s reservations and was a key milestone in women’s rights. However, the general reservation on Sharia law remained in place. Could Tunisia clarify the retaining of the preeminent status of the Convention in Tunisian domestic law? Would a structure be put in place in Parliament which guaranteed equality? Was the whole population, including ethnic minorities, included in policies for combatting discrimination? What could be said about the restructuring of justice today? Was its independence assured? What about the training of judges regarding the Convention?
Responses by the Delegation
The delegation said that the new election system was individualistic, based on non-discrimination against women or men to establish democracy. Women in Tunisia had realised a level of awareness that allowed them to participate in elections without positive discrimination in their favour. The new election act recognised gender parity by denominations. A commission made up of representatives of the human rights commission, civil society and others was harmonising Tunisian laws with international instruments. The National Commission to Combat Racial Discrimination was created with the mandate to collect and follow up all data on racial discrimination, and envisage strategies and plans to combat this issue. Ending gender discrimination required legislative action as well as cultural change, which took time.
Access to justice was one of the most important themes in the Ministry of Justice, crystalised in numerous projects. It was important to underscore that women who were subjected to violence had the right to legal counselling, which facilitated the process of access to justice. The Ministry of Justice was negotiating with the United Nations Development Programme and European partners to create a new project on facilitating access to justice, including creating model offices to provide legal aid. Since the Act of 2017 was put into force, more than 2,996 orders had been given to provide legal aid to abused women. The Ministry was now providing family spaces for abused women in the courts. Ten spaces were now equipped to receive abused women and their children. The Ministry was working on creating more suitable spaces as well.
Eight training workshops had been organised to introduce new laws to prosecutors and judges, and a training workshop was also organised on gender equality. Reception agents in courts would also be trained on how to receive abused women and children. Training workshops had benefitted over 600 prosecutors and judges working in family courts. The 2022 Constitution had a chapter on the judiciary, which focused on the independence of judges and the judiciary.
The Government would continue to work with the incoming Parliament to withdraw the reservations to the Convention. All minority groups in Tunisia enjoyed the same rights as all citizens. Different organizations were engaged in drafting a national report on addressing all forms of discrimination. In July 2022, conversations were held with different entities to obtain their feedback and recommendations. There had been a number of rulings to provide redress to women who had experienced discrimination based on ethnicity.
Questions by a Committee Expert
A Committee Expert asked for information on the human, technical, and financial resources to support the Peer Council’s operations? What budget was allocated for its surveillance regime? What specific transformative results had been achieved in its regulatory and reform efforts? Who was responsible for sector-wide coordination? On the gender-responsive budget, how was this budgeting implemented? What sectors and ministries were involved in the pilot? What gender-social transformation targets had been set for the different entities, including gender focal points in different sectors?
Responses by the Delegation
The delegation said an economic mechanism was being developed to ensure women could achieve equality in society in Tunisia. The economic approach drew on the concept of economic programmes, which made women more independent. There was an economic empowerment programme on homes and households, where 2,500 households had benefitted to date. The National Pioneers Project launched in 2016 sought to give impetus to micro projects. In 2021, around 5,000 women had benefited from the Pioneers Project, and had been able to establish their own projects. The Pioneers Project did not only roll out micro credits, but also aimed to support medium-sized projects. A third of trainee engineers were women and a third of doctors were women. The rate of female students stood at around 60 per cent. However, only 10 per cent of women were initiating projects, which was why the State had conceived the Pioneers Project. Funding for this project had been increased. In December 2022, 1,050 women-led projects were funded. While most of these were small-scale projects, some were medium-scale ones.
Questions by Committee Experts
A Committee Expert congratulated the head of delegation as the first female Prime Minster of Tunisia, and the first female Head of Government in the Arab world. The Committee acknowledged that achieving gender parity was one of the hard-won gains of the women’s movement in Tunisia. The Committee was concerned that the new electoral decree only allowed for the election of individual candidates, risking the gains that women had made, and imposed barriers on female candidates. Why had Tunisia dismantled the previous electoral quotas? How did the Government ensure the participation of women with disabilities in elections? It was hoped that Tunisia rose to its role as a trailblazer by reinstating temporary special measures for women in politics.
Another Committee Expert commended the State party for the concerted efforts to implement the Convention. The Act, which established a national authority for trafficking in persons, was commendable and a positive development. What efforts were dedicated to dealing with traffickers, and improving the identification of victims? Given the sophisticated and cyber-based recruitment strategy used by traffickers, had a digital strategy to combat trafficking been devised? What tools had been developed to provide advice to citizens on indicators of trafficking? What percentage of children trafficked were girls?
One Committee Expert asked how an intersectional view had been incorporated under the national action plan to combat trafficking? Had awareness campaigns targeting women and girls been developed? Were preventative actions being carried out in schools? What preventative legislative actions were being rolled out to reduce the number of children who were victims of sexual exploitation? Had any change arisen as a result of the 2018 training cycle?
A Committee Expert congratulated Tunisia on submitting the report despite difficult circumstances. How did the Government intervene to address the disparities in health care? Had a health policy been adopted and reviewed? The Committee was aware that some doctors refused to perform abortions and encouraged women to reject this procedure. Measures should be introduced to ensure that women were referred to alternative health providers. Did minors need parental consent to access abortion? How were their rights to safe abortion guaranteed? When would testing for HIV/AIDS and medication be expanded to all women and vulnerable groups, and not just residents in Tunisia?
A Committee Expert asked if comprehensive measures were in place to eliminate patriarchal attitudes and stereotypes? About 47 per cent of women were victims of intimate partner violence in Tunisia. What were the measures undertaken by the State to make reporting domestic violence accessible at any time? How was coverage of services, including shelters, ensured for all women, including those who were vulnerable? How was it ensured that marital rape was criminalised? Had child marriage been criminalised in the Penal Code? If not, when would this occur?
Responses by the Delegation
The delegation said Tunisia had undertaken a raft of protective measures to protect women against violence; however, these took time to implement. In March 2022, a circular was published which required that protection be afforded to female victims of violence by providing them with a medical certificate which attested to the injuries inflicted on them. The State had opened 10 shelters and intended to open seven more, which would cover the entire country. There were also 12 counselling and assistance centres throughout the country. A hotline had been available since 2022, launched on the International Day to Combat Violence against Women. The hotline was able to receive complaints 24 hours a day, compared to 18 hours previously. A multi-disciplinary team worked on the hotline to listen to and counsel victims.
The Ministry intended to provide further support to enable judges to assess risks in cases to prevent cases of femicide. Law 58 was adopted and needed to be updated to ensure it could be used in the best way possible. Marriage of minors did not take place in Tunisia. However, in certain cases, a judge could exercise jurisdiction based on the best interests of a minor, and grant permission for a minor girl to marry. This was granted providing approval was given from the mother or guardian. Training courses had been organised for 600 judges and public prosecutors, and 27 training courses had been organised on cybercrimes against women, which were undertaken by 400 staff members.
Education programmes had been revised, and the education system had been developed with a focus on sexual education. This focused on rejecting violence and promoting equality between men and women.
Regarding marital rape, the legal jurisprudence upheld this concept, although it was not mentioned in Law 58. The law stipulated that the abused wife should receive reparations for moral and physical harm sustained. Tunisian courts guaranteed these rights for abused women. The needs of women with disabilities had been taken into consideration. It was observed that spousal violence had increased. The Ministry of Women’s Affairs planned to announce a special programme for women subjected to spousal violence that focused on economic empowerment.
Questions by a Committee Expert
A Committee Expert said the proportion of women in the National Parliament had decreased by 5 per cent since 2018, and there were concerns this decrease would continue. What efforts were being made to remedy the severe under-representation of female candidates in elections? Was there an option to reinstate policies around gender parity? It was noted that Tunisia had criminalised political violence, which was ground-breaking for the region. What further steps were being taken to ensure this violence was prevented? Was the State party considering criminalising cybercrime and the use of videos as a form of intimidation in politics? What was being done to increase women’s representation in international affairs?
Responses by the Delegation
The delegation said that for the last two months, Tunisia had been updating data on the number of women in leadership and political positions. The latest electoral law of September 2022 regulated the legislative elections, and did not make any distinction between men and women when it came to the presentation of candidates. The electoral law could be reviewed, taking into account its effects on the ground. It could be envisaged that further legal measures would be taken to encourage women to stand as candidates during elections. Tunisia would also consider restoring gender parity legislation between men and women in elections. Tunisian law explicitly prohibited any form of violence against women because of their participation in politics. Tunisian women had every right to turn to justice and file a complaint in accordance with the law. All forms of violence against activists were condemned in a Ministerial declaration. The Government did not sit by idly when such violence occurred.
Several units were established which focused on cyber violence. The units had looked at more than 500 complaints about cyber violence, with women and girls representing 0.7 per cent of all complaints. A workshop was organised to identify the needs of women and girls who were victims of cyber violence. Forty-five of Tunisia’s 80 diplomats who were appointed in 2020 were women. Women were selected when they met all necessary standards of these high-ranking positions.
Questions by Committee Experts
A Committee Expert said positive discriminatory practices which removed injustice also had a place. The delegation was thanked for the possibility of the review, and the possibility of the restoration of the gender parity legislation.
Another Committee Expert asked what the current illiteracy rate was in Tunisia in areas which were part of the literacy pilot programme? Were scholarships provided for girls from disadvantaged groups? What was being done to address comprehensive sexuality education in the State party?
A Committee Expert noted that 65 per cent of university graduates were women, but the labour market only saw an estimated 25 per cent representation of women. Why did women face more obstacles than men in starting their own business? Was the State party creating incentives to increase women’s participation in the labour market, and to have them hold decision-making posts? Had laws to protect domestic workers been updated? What was the State party doing to combat stereotypes and discriminatory attitudes? What was being done to help women reconcile work with family life? Had a study been carried out to enable men to enjoy parental leave? What measures were being taken to assist pioneer women who launched projects?
Responses by the Delegation
The delegation said unemployment rates among women and young girls stood at 20 per cent today, according to recent statistics. This percentage reflected efforts undertaken by the Government to provide women with employment opportunities. The Women’s Ministry had launched several economic empowerment projects for women. One of these projects was “Female Pioneers” which was supported by national financial resources. Privileges were granted to women as part of the programme, including the opportunity to be granted loans of up to 100,000 United States dollars to establish a business. Law 37 was adopted in 2021 to govern domestic work and further guarantee the rights of domestic workers. On 21 February, a contract would be adopted which would guarantee better social protection and the right to weekly holiday and annual leave for female domestic workers.
The family and the school played a vital role to train future generations on non-discriminatory values. Projects were underway in cooperation with the Ministry of Education, with the aim of changing stereotyped images that could feature in school syllabuses. The stereotypes could be conveyed in the school texts. Many measures had been taken to combat sexual abuse, and this was integrated based on the school curriculum. Infrastructure at schools had been adapted to take into account the needs of those with a disability. Illiteracy rates were over 28 per cent in rural areas. School dropout impacted male students more than female students.
Questions by Committee Experts
A Committee Expert said it was concerning that although Tunisia had ratified a number of International Labour Organization conventions, women had low levels of participation in the labour force. Women benefitted from only 17 per cent of jobs created, and led only 19 per cent of enterprises. What measures were in place to address the structural inequalities within the employment sector? Were there incentives in place for companies to increase women’s participation in the public and private sector? What support was available for women farmers, craft persons and other self-employed women? Were there plans to establish a social security system for self-employed and low-wage workers?
Another Committee Expert said rural women were among the most vulnerable in society, and only 33 per cent of these women were registered in the social system. What steps could be taken to improve the economic situation of rural women? What strategies were planned to integrate these women financially? What steps were being taken to protect women with disabilities in all walks of life?
Responses by the Delegation
The delegation said an education portfolio had been created for persons with disabilities. In 2021, 4,721 female students graduated from Tunisian universities. Female graduates from science sections constituted 61 per cent of all graduates. The Domestic Care Act would be announced in February. Women in rural areas who worked in agricultural centres were being trained. Programmes for technical assistance were in place, as well as internships. Measures were being taken to help women get their produce to markets. Twenty-four workshops had been held for women in rural areas, in cooperation with the Unit for Agricultural Training. In 2019, a decree was passed which extended social coverage for agricultural workers. Around 500,000 women who worked in agriculture had benefitted from additional social coverage. Tunisia wished to broaden this coverage. A law aimed to provide preferential tax measures to improve the transport of agricultural workers.
Questions by Committee Experts
A Committee Expert said Tunisia had been one of the front runners of equality in the Arab world over the past decade. It was applaudable that equality in marriage existed in the State party, with restrictions based on religion abolished in 2016. Men and women generally enjoyed the same rights when it came to marriage in Tunisia. Was there a timeline for the adoption of the law granting equal inheritance rights to men and women? What was the status of women who were breadwinners in Tunisia? How many single mothers were in Tunisia? What was being done to improve their situation?
Another Committee Expert congratulated Tunisia on its important reform of the nationality law in 2010. A foreign wife of a Tunisian man needed to wait two years to apply to citizenship, while a foreign husband married to a Tunisian wife could apply immediately. What was the full intent and impact on the law of women and their equal right to citizenship?
Responses by the Delegation
The delegation said polygamy was explicitly criminalised under Tunisian law. The 2010 law authorised Tunisian women to transmit their nationality to their children and spouse.
Closing Remarks
NAJLA BOUDEN, Head of Government of Tunisia and head of the delegation, thanked the Committee for the questions posed. Tunisia wanted its legislation to be progressive and be able to combat the stereotyping challenges which existed within society. Civil society had greatly contributed to Tunisia’s human rights-based approach.
ANA PELÁEZ NARVÁEZ, Chair of the Committee, thanked the delegation for the constructive dialogue with the Committee which provided further insight into the situation of women and girls in Tunisia. The Committee commended the State party and encouraged it to make all efforts to implement the Committee’s recommendations.
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CEDAW23.010E