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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Stability is essential to solve the pension problem

The new chancellor must ensure we have a period of stability for pension policymaking in order for everyone to acclimatise to a new era of personal responsibility in retirement, says 

There was a time when retirement seemed to take care of itself. It was normal to work, retire and then receive the state pension plus a company final salary pension, often a fairly generous figure, which also paid out to a spouse or partner on death.

That normality simply doesn’t exist for most people in 2016. There is much less certainty on what retirement looks like. The genesis of these experiences also starts much earlier. As final salary schemes fall out of favour, the UK is reaching a tipping point where savings in ‘defined contribution’ pension schemes become the most prevalent form of traditional retirement saving.

Saving for a ‘pension’ can mean a multitude of different things and the way your savings are organised can make a big difference to whether or not you are able to do what you planned in your later life – and also how your money is treated once you die.

George Osborne established a place for himself in the canon of personal savings policy through the introduction of ‘freedom and choice’ in pensions in 2015. This changed the rules dramatically, and gave pension income a level of public interest it had never seen before. Effectively the policymakers changed the rules, left the ring and took the ropes with them as we entered a new era of personal responsibility in retirement.

But what difference has that made? Have people changed their plans as a result, and what does 'normal' for retirement income look like now?

Old Mutual Wealth has just released. with YouGov, its third detailed survey of how people in the UK are planning their income needs in retirement. What is becoming clear is that 'normal' looks nothing like it did before. People have adjusted and are operating according to a new normal.

In the new normal, people are reliant on multiple sources of income in retirement, including actively using their home, as more people anticipate downsizing to provide some income. 24 per cent of future retirees have said they would consider releasing value from their home in one way or another.

In the new normal, working beyond your state pension age is no longer seen as drudgery. With increasing longevity, the appeal of keeping busy with work has grown. Almost one-third of future retirees are expecting work to provide some of their income in retirement, with just under half suggesting one of the reasons for doing so would be to maintain social interaction.

The new normal means less binary decision-making. Each choice an individual makes along the way becomes critical, and the answers themselves are less obvious. How do you best invest your savings? Where is the best place for a rainy day fund? How do you want to take income in the future and what happens to your assets when you die?

 An abundance of choices to provide answers to the above questions is good, but too much choice can paralyse decision-making. The new normal requires a plan earlier in life.

All the while, policymakers have continued to give people plenty of things to think about. In the past 12 months alone, the previous chancellor deliberated over whether – and how – to cut pension tax relief for higher earners. The ‘pensions-ISA’ system was mooted as the culmination of a project to hand savers complete control over their retirement savings, while also providing a welcome boost to Treasury coffers in the short term.

During her time as pensions minister, Baroness Altmann voiced her support for the current system of taxing pension income, rather than contributions, indicating a split between the DWP and HM Treasury on the matter. Baroness Altmann’s replacement at the DWP is Richard Harrington. It remains to be seen how much influence he will have and on what side of the camp he sits regarding taxing pensions.

Meanwhile, Philip Hammond has entered the Treasury while our new Prime Minister calls for greater unity. Following a tumultuous time for pensions, a change in tone towards greater unity and cross-department collaboration would be very welcome.

In order for everyone to acclimatise properly to the new normal, the new chancellor should commit to a return to a longer-term, strategic approach to pensions policymaking, enabling all parties, from regulators and providers to customers, to make decisions with confidence that the landscape will not continue to shift as fundamentally as it has in recent times.

Steven Levin is CEO of investment platforms at Old Mutual Wealth.

To view all of Old Mutual Wealth’s retirement reports, visit: www.oldmutualwealth.co.uk/ products-and-investments/ pensions/pensions2015/