Stakeholder Summary >> Tunisia, Review Documentation, 27th Session May 2017

Implementations

• National Report

  Para 50) Training modules are tailored to all participants including social workers and professionals who have daily dealings with many of the target groups. Special training programmes deal with specific subjects such as the Act to combat violence against women … Para 92) A review of Act No. 52 of 2002 on legal aid has begun with a view to upholding and facilitating the right of access to justice. The system of administrative justice has also been strengthened and a joint circular has been issued which addresses the length of the procedures involved in granting legal aid and emphasises the need for such aid to be made available to women and children who are victims of violence. Para 120) As regards access to justice, several courts have been specially equipped and action has been taken to improve access to justice for persons with visual impairments, including the availability of Braille versions of the Act to combat violence against women. Para 140) Article 51 of the new Constitution stipulates that the State is to take measures to eliminate violence against women. Para 141) Organic Act No. 58 of 2017 to combat violence against women contains chapters on prevention, protection, deterrence, services and institutions. Para 142) The Act abrogates article 227 and article 227 bis of the Criminal Code and rescinds all its procedural consequences such as dropping charges or causing an offender to marry his victim in cases involving consensual sexual intercourse with a minor. Para 143) Although the Act does not explicitly include the phrase “marital rape”, it does cover “all forms of discrimination and violence against women based on gender discrimination, irrespective of the perpetrator and in whatever field”. Para 144) In addition to this, the Act contemplates political violence as a form of violence, and gender-based violence has been included in the guide to rules and procedures for election campaigns. Para 145) The Act envisages the creation of a number of institutions for its implementation, including the National Observatory for Combating Violence against Women, which came into being pursuant to Government Order No. 126 of 2020. In addition, areas have been set aside in courts of first instance, presided over by judges from the Office of the Public Prosecution, investigating judges and family court judges specialized in cases of violence. Two central units for offences against women have been set up by the police and the National Guard, while 128 specialized teams have been created, 12.5 per cent of them headed by women. Para 146) In January 2018, the Ministry of Justice, the Ministry of the Interior, the Ministry for Women, the Ministry Health and the Ministry of Social Affairs signed a joint agreement on a multisectoral pledge towards female victims of violence. Sectoral manuals were produced and 24 regional focal points were established. Para 147) Partnership with associations has been strengthened with a view to opening shelters and counselling centres for female victims of violence in different governorates. As of 2022, there were 7 shelters and 11 counselling centres as well as spaces set aside for women in regional commissions and in family counselling centres run by the Ministry for Women. Para 148) These advances have been accompanied at the technical level by training in specific areas. Between 2017 and June 2022, a total of 69,777 women and children victims of violence have benefited from the services these various institutions offer. Para 149) In the same context, the Minister of Health and the Minister for Women have issued a joint circular stating that initial medical certificates are to be provided free of charge and facilitating procedures for obtaining medical tests and for providing accommodation to female victims of violence. Para 150) As concerns protection and deterrence, a number of decrees have been issued and protection measures taken, although they decreased during the COVID-19 pandemic as a result of the lockdown. In addition to this, numerous decisions have been taken to grant legal aid and thus facilitate access to justice for female victims of violence. Para 151) Statistics for 2019 and 2020 on cases involving violence against women and on the number of cases in which rulings was handed down are to be found in annexes 4 and 5. Para 152) In spite of all the efforts that have been made, violence against women – particularly during the COVID-19 pandemic – increase sevenfold with respect to the same period of the preceding year. In fact, 3,085 calls were received on the 1899 hotline between March and June 2020. Para 153) As a result of this, the operation of the hotline has been extended and it now runs 24 hours a day, 7 days a week. Eighteen persons specialized in interaction with victims of violence have received training, and a system of services for women and girls, including refugees, has been set up with 24 psychiatric crisis units in 24 regions. Para 154) The 1899 hotline directs victims of violence to the competent institutions, according to the needs of each case. Seventy-four cases have been directed to security institutions, 53 cases to the courts, 46 to health-care institutions and 16 to child protection delegates. It should be noted that each instance of violence may include more than one request. Para 155) An online platform delivering psychological services for children and families was launched, while the 1809 free hotline was opened to provide psychological accompaniment and guidance for children and families. Moreover, a daily radio programme was broadcast with advice on how handle interactions in the family during lockdown. Para 156) According to statistics for June 2022, the 1809 hotline received 745 calls and 192 cases were taken in charge (26 per cent) and referred either to child protection delegates or psychologists. Para 157) Great emphasis has been given to training on Organic Act No. 58, which has been offered to all parties concerned including security personnel, judges, medical and paramedical staff, social workers and psychologists. The training has taken the form of courses as well as of training manuals prepared with the support of partners within the framework of international cooperation. Some of the most significant achievements in this regard are explained in paragraphs 148–156 of CEDAW/C/TUN/7. Para 158) Another important area of focus has been studies and indicators concerning violence against women. Thirty-eight indicators produced in the years 2019 and 2020 have been utilized by front-line ministries (see paras. 157–158 of CEDAW/C/TUN/7). Para 159) A four-year programme to support the social integration of female victims of violence is to be launched with €8 million funding from the European Union. Para 160) The national strategy to combat violence against women, which continues to be implemented, is being updated in a participatory manner.  

  National Report

  Link to Tunisia National Report

  Stakeholder Summary

  Para 50) Despite the progress made in the legal system (such as the adoption of Organic Act 2017-58 combating violence against women, which removed the impunity of perpetrators of sexual violence through marriage with the victim, as recommended during the previous universal periodic review), CSDHLF and JS7 condemned the fact that discrimination and violations persist and have worsened since the COVID-19 pandemic,

  Stakeholder Summary

  Link to Tunisia Stakeholder Summary

• National Report

  Para 125) The new Constitution recognizes the equality of all citizens of both sexes, and underscores the State’s obligation to protect, uphold and promote the acquired rights of women. The State, moreover, is to guarantee equal opportunities for men and women to access positions of responsibility in all areas, and is to strive to achieve gender parity in all elected assemblies. 126. Gender-based budgeting was endorsed in article 18 of the Organic Act on the budget and in the 2018 Local Government Code. Para 127) Several strategies to promote gender equality have been approved (see paras. 91 to 112 of CEDAW/C/TUN/7), notably a national plan for the institutionalization of gender in June 2018, which is intended as a response to Sustainable Development Goal 5 and which has been translated into plans that are currently being rolled out across all sectors. Para 128) The Tunisian gender equality programme, which is being funded by the European Union, has continued to be implemented at the national, regional and local levels. Furthermore, a national plan and sectoral plans have been developed with the support of the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) for the implementation of Security Council resolution 1325 (2000). Para 129) A nationwide project to prevent school dropout, particularly among girls in rural areas, has continued to be implemented as part of a national strategy for the economic and social empowerment of women and girls in rural areas 2017–2020. Development complexes were established in 16 governorates during the first quarter of 2022, and 2 women’s centres were set up in Central West Tunisia with 30 female beneficiaries. Para 130) The strategy also includes several programmes aimed at women in rural areas, who have benefited from a number of measures (see paras.112 and 346–353 of CEDAW/C/TUN/7), including raising the allocation for the women’s entrepreneurship programme from 3 million to 10 million Tunisian dinars (D) in 2020 and a fivefold increase in the proportion of loans for women’s agricultural projects, from 6 per cent to 30 per cent. Para 131) The “Raida” programme was established to support women’s access to the labour market and to advance and promote entrepreneurship among women. The programme envisages a line of credit for women, created in partnership with the National Solidarity Bank. This has helped to launch about 2,300 projects for a total investment of around D 17 million. Para 132) As part of the programme, funding was made available in 2020 to 217 institutions, including 193 kindergartens, 18 nurseries and 6 children’s leisure and cultural institutions. Para 133) The new “Raidat” programme was launched on 8 March 2022. It diversifies credit lines to female entrepreneurs who actively support value chains, solidarity, development and innovation with an estimated financial allocation of D 50 million. The aim is to launch some 3,000 projects at the rate of 600 a year. Para 134) One of the features of the new programme is the elimination of self-financing, the granting of delays of between 3 and 5 years and an increase in the value of loans of between D 10,000 and D 300,000. As of June 2022, around 2,000 project applications had been submitted, 1,600 of them via the online platform created for that purpose. Para 135) The Constitution and legislation currently in force guarantee equal wages for men and women. Labour inspectors monitor economic enterprises in the private sector to ensure that they are not applying discriminatory practices. If the inspectors discover any violations, they are required to record their findings and submit them to the courts. Para 136) With regard to participation in public and political life, the first ever female Prime Minister of Tunisia was appointed in October 2021, and women account for 40 per cent of government members. In addition, for the first time, a woman has been appointed to head the General Secretariat of the Government. Para 137) Despite the fact that the principle of parity between men and women in electoral lists has been established, female representation following the legislative elections of 2019 was below the hoped-for ceiling, with just 53 women out of 217 representatives. Para 138) As for local-level representation, 3,385 women have been elected to serve on municipal councils, comprising 47.05 per cent of the total. A total of 573 women heading electoral lists were successfully elected in municipal elections, equivalent to 29.55 per cent of all heads of electoral lists. For the first time, a woman has become mayor of Tunis. At the regional level, just one woman is head of a governorate. Para 139) In 2018, 43.12 per cent of judges were women while, in 2020, they accounted for more than 70 per cent of the intake into the judiciary. Despite these percentages, the involvement of female judges in decision-making roles and in senior positions remains scant. Para 197. In this area, the following steps have been taken: … • A 2018 framework agreement to establish the “Protect me” system under which women working in the agricultural sector are able to benefit from social coverage. Para 205) The unemployment rate fell to 16.1 per cent in the first quarter of 2022, compared to 18.4 per cent during the third quarter of 2021. The rate stands at 20.9 per cent for women in 2022, compared to 24.1 per cent in 2021. Para 240) An integrated project to prevent school dropout, particularly among girls in rural areas, has been implemented since 2015. As of 2019, multidisciplinary areas for students to use between lessons had been opened in 8 governorates while, in a further 15 governorates in the interior of the country, livelihoods were being provided for mothers of children at risk of dropping out of school.

  National Report

  Link to Tunisia National Report

  UN Compilation

  Link to Tunisia UN Compilation

  UN Compilation

  Para 34) The United Nations country team commended Tunisia for the legislative measures taken to reduce unemployment and improve women’s working conditions and considered Act No. 2021-37 of 16 July 2021 on the regulation of domestic work to be a major step towards the establishment of decent work. While noting the adoption of a national action plan to promote women’s entrepreneurship and a plan on child labour, the United Nations country team acknowledged that the COVID-19 pandemic had led to an increase in unemployment and had weakened the tourism sector and made small and medium-sized enterprises more vulnerable. The United Nations country team found that the State had not committed sufficient resources to implement the legislative reforms adopted.