REDUCED WORK HOURS FOR WOMEN: ADVANTAGE OR

C O N F I D E N T I A L TUNIS 001239 SIPDIS SIPDIS STATE FOR NEA/MAG - LAWRENCE AND DRL/IL - DEMARIA E.O. 12958: DECL: 05/21/2016 TAGS: SOCI ELAB PGOV PHUM TS SUBJECT: REDUCED WORK HOURS FOR WOMEN: ADVANTAGE OR DISCRIMINATION? REF: A. TUNIS 666 ¶B. TUNIS 338 ¶C. 04 TUNIS 2236 Classified By: AMBASSADOR WILLIAM HUDSON FOR REASONS 1.4 (b) AND (d) ¶1. (C) SUMMARY: In March 2006, President Ben Ali announced that his 2004 election proposal to allow women to work for half the hours for two-thirds the pay would be enacted in ¶2007. According to press reports, the draft law will apply to women working in the public sector with children under sixteen years or those with handicapped children. Designed to allow Tunisian women to balance family and professional life, the proposal may also reduce unemployment, as more Tunisians can be employed in existing positions. While presented as another step towards professional and social equality for Tunisian women, others claim that the proposal actually reverses women's rights, which are historically strong and effective in Tunisia. END SUMMARY. ¶2. (SBU) The reduced working hours system is one of twenty-one initiatives included in President Zine el Abidine Ben Ali's "Program for Tomorrow's Tunisia", which was announced during the 2004 presidential elections (Ref C). Ben Ali announced that "to make it easier for women to reconcile their family life with their professional commitments," a new system would allow women to work half the hours for two-thirds the salary, while retaining their retirement and social security rights. During his speech marking the fiftieth anniversary of Tunisian independence (Ref A) on March 25, Ben Ali announced, "the promulgation, in the near future, of the law concerning implementation of this decision. This law will take effect starting January 1, 2007." ¶3. (U) After much speculation about which women would be eligible, on May 22, one local newspaper published the text of draft law. The law stipulates it will apply only to women working in the public sector who request to participate in the program and receive the approval of their employer's administrative director. Only women who have at least one child under the age of sixteen (the final year of mandatory public education) or have a handicapped child are eligible to participate. If approved, the employee may work half the hours for two-thirds the salary for a period of three years, which may be renewed once for a total of six years. The Cabinet approved the draft law in mid-May, and it will now be reviewed - and likely approved as drafted - by the Chambers of Deputies and Advisors. ¶4. (SBU) Some observers believe that Ben Ali's proposal will in part reduce Tunisian unemployment (currently the official rate nears 14 percent),as more workers can fill the same positions. This is particularly true in primary and secondary education, where staggered teaching hours mean that more employees would be needed to teach all classes. However, the proposal is unique in a country that prides itself on women's achievement and empowerment. Women are present in almost all fields, and statistics show women represent nearly fifty percent of primary and secondary school teachers, 42 percent of medical professionals, 32 percent of engineers and 31 percent of lawyers. Tunisian women also enjoy a wide variety of rights in the workplace, from anti-discrimination laws to limits on the type of work and working hours. Maternity leave is generous, with mothers granted two months paid leave, plus an additional one hour a day leave for the first year after returning to work. ¶5. (C) Although the proposal was received with interest by Tunisia's working mothers, some view the new work hour proposal as a step backwards for women's rights. On April 24, the Tunisian Association of Democratic Women (ATFD, Ref B) announced its opposition to the proposal, arguing it is "a deep blow to the principle of equality between the sexes and non-discrimination" and also suggests "the women's place (is) in the home." The ATFD also noted its surprise that Ben Ali had made this announcement during the period in which Tunisia celebrated the fiftieth anniversary of the Personal Status Code, which in 1956 provided Tunisian women with rights which are still lacking in much of the Arab world, such as equal rights to divorce and the banning of polygamy. Additionally, despite Ben Ali's assurances, a woman who chooses the program will lose some of her retirement benefits, which are based on total salary compensation. ¶6. (C) However, the General Union of Tunisian Workers, the single labor confederation in Tunisia, had a more balanced interpretation. Assistant Secretary General Mohammed Trabelsi told Laboff that the law was a positive recognition of the additional burden working mothers face in meeting her professional and family expectations. Tunisian working women, said Trabelsi, still remain more involved in household management and child-rearing than their spouses. Trabelsi's only concern about the law was that the same benefits were not applied to working fathers. In addition to being a form of discrimination, Trabelsi said some families could be disadvantaged if the father earned less than the woman as it would be more economical for the father to take a pay cut than the mother who earns more. ¶7. (C) COMMENT: The proposal is interesting, as it seeks to address a social issue - balancing work and motherhood - with which far more developed countries are still grappling. Pragmatically, for Ben Ali, it could help boost employment figures and also appeal to conservative religious groups, who would prefer a more traditional society. Social critics charge, probably correctly, that it will reduce women's standing as competitive members of the work force, while practical observers contend that only a very few women would be able to accept even a thirty percent pay cut. END COMMENT. HUDSON