LAW ADOPTED ON REDUCED HOURS FOR WOMEN

C O N F I D E N T I A L TUNIS 002299 SIPDIS SIPDIS STATE FOR NEA/MAG - MHARRIS AND DRL/IL - DEMARIA PARIS AND LONDON FOR NEA WATCHERS E.O. 12958: DECL: 09/06/2016 TAGS: ELAB PGOV PHUM SOCI TS SUBJECT: LAW ADOPTED ON REDUCED HOURS FOR WOMEN REF: A. (A) TUNIS 1239 ¶B. (B) 04 TUNIS 2236 Classified By: CDA David Ballard for reasons 1.4 (b) and (d) ¶1. (U) SUMMARY: On July 18, the Tunisian Chamber of Deputies adopted a law that will allow some female employees to work part-time while still receiving two-thirds of their original salary. While the GOT states the law was motivated by a desire to allow Tunisians to balance family and professional life, independent women's rights activists continue to oppose the law and believe it represents a major setback to women's rights in the workplace. The law will enter into force January 1, 2007. End summary. ¶2. (U) As predicted in reftel A, the Tunisian Chamber of Deputies adopted a law on July 18 that would allow mothers raising children to work half a day and receive two-thirds of their original salary while still keeping their retirement and social benefits. Women who qualify under the new law include mothers working in the public sector who have at least one child under the age of 16 (the final year of mandatory public education) or have a handicapped child. Women who request to participate in the program and receive approval from their employers may benefit from this part-time work program for a period of 3 years. The period can be renewed twice for a total of 9 years, as opposed to the once-renewable six year maximum specified in reftel. Additionally, employers may request that a woman return to full-time work if necessitated by the work-load. The law will enter into force on January 1, 2007. ¶3. (U) The law is one of the twenty-one initiatives included in President Ben Ali's 'Program for Tomorrow's Tunisia,' announced during the 2004 presidential elections (ref B). The Chamber of Deputies reportedly stressed that the law will reinforce the fundamentals of a balanced society and will protect Tunisia's youth by strengthening the responsibilities of the family. While largely portrayed by the GOT as being motivated by a desire to aid Tunisian women, it has also been speculated that the law was designed to alleviate unemployment by allowing more workers to fill the same number of positions. Unemployment remains a top GOT concern, with the official unemployment rate around 14 percent and outside estimates placing the figure slightly higher. ¶4. (C) Women's rights activists continue to question the motivation behind this law, with the independent Tunisian Association of Democratic Women (ATFD) and its membership as the law's most vociferous critics. Alya Chammari, a prominent lawyer and human rights activist, stated in a conversation with PolEconCouns, that the law represents a setback for women in the workplace because it applies solely to women, reducing their competitivity with their male counterparts. In Chammari's view, the law was motivated neither by dedication to women's rights nor employment concerns. Minister for Administrative Development Zouheir M'Dhaffer indicated that the law does not infringe on women's rights; it instead promotes children's education and stresses the importance of female presence in the workforce, especially in management positions where women represent 24 percent of employees. Although women's groups have criticized the law, many Tunisian working women welcomed it. One male Embassy FSN stated that while not all women would be able to accept a thirty percent pay cut, his wife, who is employed by the government, is likely to take advantage of the benefit. ¶5. (SBU) COMMENT: Although its impact on the trajectory of women's careers and unemployment remain unclear, the law presents many working women with a previously unavailable choice and attests to the GOT's continued attention to social and economic policies. While the ATFD and other women's rights organizations have condemned the law, Tunisia nonetheless remains far ahead of other Arab countries in protecting women's rights. Tunisian women will be free to weigh the positive and negative benefits for their careers and family lives before making their own decisions. End comment. BALLARD