5 April 2019

The New York Review of Books: Is Tunisia Ready for Gender Equality?

And yet to many Tunisians that accomplishment feels scant. Since 2011, Tunisia has held several free elections. It has weathered terrorist attacks, deep polarization between Islamists and secularists, and the evident desire of elements of the old regime to turn back the clock. But its leaders have been unable or unwilling to enact economic reforms that would deliver the greater growth and equality that were among the people’s fundamental demands. “In the last four years, we achieved stability, we protected the state,” Abdelhamid Jelassi, a senior member of the Islamist Ennahda party, which is part of the governing coalition, told me. “But we didn’t turn stability into wealth. People don’t eat stability.” [...]

Inheritance inequality is the “bedrock” of discrimination against women, Bochra Bel Haj Hmida, the head of COLIBE, told me: “It’s at the center of all discrimination: cultural, economic, social—it’s about power.” Hmida is a lawyer, the cofounder of a major feminist association, and a parliamentarian. When the law was proposed, most of Tunisia’s imams preached against it in their Friday sermons. Bel Haj Hmida was targeted personally—the law was often referred to as “Bochra’s law,” and she received insults and death threats on social media. The debate spread beyond the borders of Tunisia. Scholars at the Islamic institute of Al Azhar in Egypt—one of the Arab world’s oldest universities—denounced the idea.

The COLIBE report made a number of other far-reaching recommendations intended to harmonize the country’s laws with the principles of its constitution. It suggested ending capital punishment, decriminalizing homosexuality, and ensuring greater protections for detainees during the garde à vue, the initial period they are held by police before being charged. But President Essebsi has focused almost exclusively on inheritance. On August 13, National Women’s Day in Tunisia, he announced he would be proposing a law to make inheritance equal. The law has now been approved by the cabinet and submitted to the country’s fractious parliament, where it could be discussed and voted on in the following months. Or it could go nowhere, used as a bargaining chip in a much larger political game or stalled and buried, as so many laws and reforms have been in recent years.[...]

Ennahda has decided to vote against the inheritance reform, Labidi told me. “We represent conservative people,” she said. “And when this project was made public a majority of Tunisians rejected it.” The party is willing to introduce an amendment that would allow people to stipulate that they want to divide their inheritance equally, but it insists that the traditional sharia-based division should be the default. The proposed law does the opposite, making equal separation of property automatic unless someone opts out. Both sides know that the default option will be the prevalent one.

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