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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Metro mayors can help Labour return to government

Labour champions in the new city regions can help their party at the national level too.

2017 will mark the inaugural elections of directly-elected metro mayors across England. In all cases, these mayor and cabinet combined authorities are situated in Labour heartlands, and as such Labour should look confidently at winning the whole slate.

Beyond the good press winning again will generate, these offices provide an avenue for Labour to showcase good governance, and imperatively, provide vocal opposition to the constraints of local government by Tory cuts.

The introduction of the Mayor of London in 2000 has provided a blueprint for how the media can provide a platform for media-friendly leadership. It has also demonstrated the ease that the office allows for attribution of successes to that individual and party – or misappropriated in context of Boris Bikes and to a lesser extent the London Olympics.

While without the same extent of the powers of the sui generis mayor of the capital, the prospect of additional metro-mayors provide an opportunity for replicating these successes while providing experience for Labour big-hitters to develop themselves in government. This opportunity hasn’t gone unnoticed, and after Sadiq Khan’s victory in London has shown that the role can grow beyond the limitations – perceived or otherwise - of the Corbyn shadow cabinet while strengthening team Labour’s credibility by actually being in power.

Shadow Health Secretary and former leadership candidate Andy Burnham’s announcement last week for Greater Manchester was the first big hitter to make his intention known. The rising star of Luciana Berger, another member of Labour’s health team, is known to be considering a run in the Liverpool City Region. Could we also see them joined by the juggernaut of Liam Byrne in the West Midlands, or next-generation Catherine McKinnell in the North East?

If we can get a pantheon of champions elected across these city regions, to what extent can this have an influence on national elections? These new metro areas represent around 11.5 million people, rising to over 20 million if you include Sadiq’s Greater London. While no doubt that is an impressive audience that our Labour pantheon are able to demonstrate leadership to, there are limitations. 80 of the 94 existing Westminster seats who are covered under the jurisdiction of the new metro-mayors are already Labour seats. While imperative to solidify our current base for any potential further electoral decline, in order to maximise the impact that this team can have on Labour’s resurgence there needs to be visibility beyond residents.

The impact of business is one example where such influence can be extended. Andy Burnham for example has outlined his case to make Greater Manchester the creative capital of the UK. According to the ONS about 150,000 people commute into Greater Manchester, which is two constituency’s worth of people that can be directly influenced by the Mayor of Greater Manchester.

Despite these calculations and similar ones that can be made in other city-regions, the real opportunity with selecting the right Labour candidates is the media impact these champion mayors can make on the national debate. This projects the influence from the relatively-safe Labour regions across the country. This is particularly important to press the blame of any tightening of belts in local fiscal policy on the national Tory government’s cuts. We need individuals who have characteristics of cabinet-level experience, inspiring leadership, high profile campaigning experience and tough talking opposition credentials to support the national party leadership put the Tory’s on the narrative back foot.

That is not to say there are not fine local council leaders and technocrats who’s experience and governance experience at vital to Labour producing local successes. But the media don’t really care who number two is, and these individuals are best serving the national agenda for the party if they support A-listers who can shine a bright spotlight on our successes and Tory mismanagement.

If Jeremy Corbyn and the party are able to topple the Conservatives come next election, then all the better that we have a diverse team playing their part both on the front bench and in the pantheon of metro-mayors. If despite our best efforts Jeremy’s leadership falls short, then we will have experienced leaders in waiting who have been able to afford some distance from the front-bench, untainted and able to take the party’s plan B forward.