Student blog: The future of women’s rights in Tunisia

As Tunisia’s October and November parliamentary and presidential elections approach, citizens are making plans to participate in the first election since the adoption of their new constitution in January (1). Tunisia is considered the birthplace of the Arab Spring, and so the results of these elections will display how well it has upheld its legal commitments to equality and to what extent the country has progressed in democracy. Along with its constitution, Tunisia has made a tremendous effort to establish liberal and progressive ideals for its country. One of the most significant steps it has made was lifting its reservations to the United Nations Convention to Eliminate All Forms of Discrimination Against Women (CEDAW) on April 23 of this year (2). Tunisia is the first country in the region to do so and therefore the first nation after the Arab Spring to make a commitment to equal rights for women. This development also creates an interesting dynamic for Tunisia and the U.S., as the U.S. Senate has yet to ratify this convention (3). The question remains, however, whether Tunisia can maintain these recently attained rights, especially after the elections later this year.

Unlike many other Middle Eastern countries, Tunisia has long maintained a progressive attitude toward women’s rights. The history of female emancipation in Tunisia began in 1956 when its first president, Habib Bourguiba, implemented a “code of personal status” or “majala” that allowed women significant liberties unlike any other country in the region (4). For the first time, an Arab-Muslim country adopted a different outlook toward women, based on sources other than Islamic jurisprudence. The new personal status laws abolished polygamy, established legal equality between sexes in marriage and divorce, and stipulated a minimum age for marriage (5). It was therefore no surprise that Tunisia ratified CEDAW in 1985, shortly after it was adopted by the United Nations in 1979 (6).

Often considered an international bill of rights for women, CEDAW aims to identify and eradicate discrimination against women throughout the world and urges the participation of women on political, economic and societal levels (7). Tunisia maintained reservations to particular articles, permitting the government to disregard certain aspects of the agreement (8). Specifically, these aspects addressed issues like equal property rights, equal guardianship rights, and equal rights for women to pass down their nationality to their children (9). Although CEDAW is a crucial document in the fight against female discrimination, countries that declare reservations can create loopholes. Many countries ratified the document in order to gain international recognition,yet hold reservations that allow them reject certain articles. This leaves adequate room for countries like Saudi Arabia to claim that they will not observe any terms that are contradictory to “the norms of Islamic law” (10). These Islamic norms refer to Sharia law, which has never been codified and is therefore left to interpretations by religious leaders and the government, rendering the U.N. convention ineffective.

Tunisia has become a frontrunner for democracy, establishing political direction and stability faster than other Middle Eastern countries after the Arab Spring. By withdrawing its reservations to CEDAW only months after the signing of the new constitution, Tunisia proves that a pledge of equality and democracy post-Arab Spring is possible. Although one reservation remains — a declaration that it will not take action against Chapter 1 of its constitution stating its sovereignty, national religion and language (11) — Tunisia has made a decisive move that the U.S. has yet to follow. Despite having played a significant role in drafting CEDAW, the United States joins only seven other U.N. member-states that have not ratified this convention; of these countries, the U.S. is the only industrialized nation. Typically a global advocate of women’s rights, it is difficult to lead by example and urge others toward equality without having the legitimacy to support its case.

The recent actions of the Tunisian government show its willingness to strive toward democracy and equality. Perhaps this move will have an international impact, too, by encouraging the United States to ratify CEDAW. The true essence of this decision, however, is that Tunisia has made a vow to its neglected citizens. It has also positioned Tunisia as a torchbearer for neighboring countries in political upheaval; it is crucial that other countries in the Middle East are encouraged to rise up to this responsibility as well.

The results of the upcoming elections will determine Tunisia’s political direction and set the country’s course for the future. If the ballots show that the population is satisfied with the leadership of the interim president, Moncef Marzouki, his party — Al Mottamar — will most likely remain on the same track. By contrast, if the Islamist party, Ennahda, wins more votes — not unlikely, due to its popularity after the fall of Tunisian President Zine El Abidine Ben Ali in 2011 (12) — the country’s future will be less clear. Whether Ennahda will uphold the government’s commitment to women’s rights remains largely uncertain. Regardless of which party finishes with the most votes, the rights and protections for women laid out by CEDAW must remain a priority.

Naomi Eisenbeiss is an intern for the Baker Institute’s Women and Human Rights in the Middle East Program. She is a rising senior studying political science in a double-degree program with Sciences Po in Nancy, France, and the Free University in Berlin.