Will the Tunisian constitution erode the gains of women in the Arab Spring?

The dignity of gender equality could have a hard time penetrating the written constitution.

Avenue Bourguiba in Tunis is a palimpsest of recent political protest: with official street signs nearby marking "Place 14 janvier 2011", and a public instruction to take care of the avenue because of its significance in last year’s revolution – on Monday night the city’s most famous street was layered over, again, between the crowds sat in salon de thés after Iftar, with a protest to mark National Women’s Day. The demonstration – alongside protests in other cities such as Monastir – concerned the proposed wording to describe women in the constitution, the new constitution-in-process being the other striking palimpsest of revolutionary signifiers, a mosaic of jurisprudential traditions, language of the revolutionary protests, and complex institutional legacies stitched together into a kind of permanence. What language bubbles up from the revolution of 2011 into the paper-white terminology of constitutional law will – like the official street sign marking "Place 14 janvier 2011" – crystallise the revolutionary moment, speak to Tunisia’s future, and how it tells itself the story of the nation’s most recent re-birth. 

The protests on Monday evening concerned a phrase in particular, translated as “associate” or “complement”, to describe the status of women vis-à-vis men in the proposed constitution. According to France 24, Article 27 translates in English as: “The state guarantees to protect women’s rights, as they stand, under the principle of man’s complement within the family and man’s partner in developing the country”. Women’s rights activists have expressed concern that women’s equal status is being denigrated to a kind of ‘auxiliary’ role, while MPs have pointed out that the article directly contradicts Article 22, which states men and women are equals. Perhaps the most striking issue is how vague the article is, and the protests thus seeming to express a concern that, unless commitment to women’s rights is fully enshrined and fully-stated, the gains of equality are easily corroded – a symptom of the sense that the current ruling figures are ‘duplicitous’ and deliberately vague, and the widespread unanswered questions on how the future constitution will be interpreted.

Tunisia has a reputation for its progressive history regarding women’s rights: often setting legal precedents in the Arab world under Habib Bourguiba, since 1956 polygamy was abolished, civil marriage established, and women given the right to vote, open bank accounts and establish businesses without the consent of their husbands. Bourguiba’s Code of Personal Status has since become symbolic of Tunisia’s progressive position on gender issues – although aspects such as the banning of the hijab have equally been interpreted as the secular authoritarian edicts of the Francophile elite. Part of the frustration at Article 27 is thus in part a fear that long-established rights will be ‘rolled back’ by Ennahda’s still-vague vision of how they wish Tunisia to be. In a telling episode, protests to mark National Women’s Day on Avenue Bourguiba – the street synonymous with the revolution that allowed Ennahda to come to power – were banned earlier this month, for concerns over “traffic.” Others argue the criticism of Article 27 is based on an unfair reading – and literal mis-translation – of the post-revolutionary situation, noting that Ennahda committed to elevating the ground-breaking 1956 statute of gender-equality to the status of basic law, meaning it can be annulled only by a two-thirds majority rather than the usual simple majority.

Another pertinent facet of the protests on Monday is how people took to the streets over specific articles in the constitution, an illustration of how closely Tunisian civil society is following the constitution-drafting process, and the dynamics between the constitution-drafting authorities and the Tunisians who witnessed the revolution last year. Yesterday, Habib Kheder, the General Rapporteur of the constitutional committee, stated that the constitution would be completed by February 2013, a shift from the earlier estimation of October 2012. Such an extensive constitution-drafting process may – as is happening in Egypt – mean doors increasingly close to civil society and divergent voices, but it also gives more time for groups to make their concerns heard on constitutional issues. The question is, which voices will permeate from Tunisia into the text?

A popular cry of last year’s revolution was “karama” – most often translated as dignity. During this period of establishing Tunisia’s future legal frameworks, it remains to be seen if, and how, the dignity of gender equality will translate from the language of the revolution to the language of the constitution. The protests on Monday, however, seemed to say that the language of Article 27 is not a language many recognise or want to hear.

Heather McRobie is writing her PhD on constitution-drafting in the Arab Spring.

 

Tunisian women shout slogans during a protest calling for the respect of women's rights. Photograph: Getty Images
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Harmful gender stereotypes in ads have real impact – so we're challenging them

The ASA must make sure future generations don't recoil at our commercials.

July’s been quite the month for gender in the news. From Jodie Whittaker’s casting in Doctor Who, to trains “so simple even women can drive them”, to how much the Beeb pays its female talent, gender issues have dominated. 

You might think it was an appropriate time for the Advertising Standards Authority (ASA) to launch our own contribution to the debate, Depictions, Perceptions and Harm: a report on gender stereotypes in advertising, the result of more than a year’s careful scrutiny of the evidence base.

Our report makes the case that, while most ads (and the businesses behind them) are getting it right when it comes to avoiding damaging gender stereotypes, the evidence suggests that some could do with reigning it in a little. Specifically, it argues that some ads can contribute to real world harms in the way they portray gender roles and characteristics.

We’re not talking here about ads that show a woman doing the cleaning or a man the DIY. It would be most odd if advertisers couldn’t depict a woman doing the family shop or a man mowing the lawn. Ads cannot be divorced from reality.

What we’re talking about is ads that go significantly further by, for example, suggesting through their content and context that it’s a mum’s sole duty to tidy up after her family, who’ve just trashed the house. Or that an activity or career is inappropriate for a girl because it’s the preserve of men. Or that boys are not “proper” boys if they’re not strong and stoical. Or that men are hopeless at simple parental or household tasks because they’re, well...men.

Advertising is only a small contributor to gender stereotyping, but a contributor it is. And there’s ever greater recognition of the harms that can result from gender stereotyping. Put simply, gender stereotypes can lead us to have a narrower sense of ourselves – how we can behave, who we can be, the opportunities we can take, the decisions we can make. And they can lead other people to have a narrower sense of us too. 

That can affect individuals, whatever their gender. It can affect the economy: we have a shortage of engineers in this country, in part, says the UK’s National Academy of Engineering, because many women don’t see it as a career for them. And it can affect our society as a whole.

Many businesses get this already. A few weeks ago, UN Women and Unilever announced the global launch of Unstereotype Alliance, with some of the world’s biggest companies, including Proctor & Gamble, Mars, Diageo, Facebook and Google signing up. Advertising agencies like JWT and UM have very recently published their own research, further shining the spotlight on gender stereotyping in advertising. 

At the ASA, we see our UK work as a complement to an increasingly global response to the issue. And we’re doing it with broad support from the UK advertising industry: the Committees of Advertising Practice (CAP) – the industry bodies which author the UK Advertising Codes that we administer – have been very closely involved in our work and will now flesh out the standards we need to help advertisers stay on the right side of the line.

Needless to say, our report has attracted a fair amount of comment. And commentators have made some interesting and important arguments. Take my “ads cannot be divorced from reality” point above. Clearly we – the UK advertising regulator - must take into account the way things are, but what should we do if, for example, an ad is reflecting a part of society as it is now, but that part is not fair and equal? 

The ad might simply be mirroring the way things are, but at a time when many people in our society, including through public policy and equality laws, are trying to mould it into something different. If we reign in the more extreme examples, are we being social engineers? Or are we simply taking a small step in redressing the imbalance in a society where the drip, drip, drip of gender stereotyping over many years has, itself, been social engineering. And social engineering which, ironically, has left us with too few engineers.

Read more: Why new rules on gender stereotyping in ads benefit men, too

The report gave news outlets a chance to run plenty of well-known ads from yesteryear. Fairy Liquid, Shake 'n' Vac and some real “even a woman can open it”-type horrors from decades ago. For some, that was an opportunity to make the point that ads really were sexist back then, but everything’s fine on the gender stereotyping front today. That argument shows a real lack of imagination. 

History has not stopped. If we’re looking back at ads of 50 years ago and marvelling at how we thought they were OK back then, despite knowing they were products of their time, won’t our children and grandchildren be doing exactly the same thing in 50 years’ time? What “norms” now will seem antiquated and unpleasant in the future? We think the evidence points to some portrayals of gender roles and characteristics being precisely such norms, excused by some today on the basis that that’s just the way it is.

Our report signals that change is coming. CAP will now work on the standards so we can pin down the rules and official guidance. We don’t want to catch advertisers out, so we and CAP will work hard to provide as much advice and training as we can, so they can get their ads right in the first place. And from next year, we at the ASA will make sure those standards are followed, taking care that our regulation is balanced and wholly respectful of the public’s desire to continue to see creative ads that are relevant, entertaining and informative. 

You won’t see a sea-change in the ads that appear, but we hope to smooth some of the rougher edges. This is a small but important step in making sure modern society is better represented in ads.

Guy Parker is CEO of the ASA