HIGHLIGHTS OF RESULTS
UN Human Rights supports the national consultations for the establishment of a Truth, Reconciliation and Reparations Commission in The
Gambia. © OHCHR/West Africa
sembly, while in Guinea, a draft law on the creation of
a Truth and Reconciliation Commission is expected to
be adopted in 2018. The Truth, Justice and Reconciliation Commission of Mali began the process of taking
depositions, while the Trusth, Justice and Reconciliation Commission of Sudan developed an action plan
to improve the discharge of its mandate. Moreover, in
February, the National Reconciliation Law of Madagascar was promulgated and the Zimbabwean National
Peace Reconciliation Commission Bill was amended
and adopted. Some concerns remain, however, regarding its alignment with international standards on transitional justice mechanisms. In South Sudan, a Technical
Committee was established by the Ministry of Justice to
implement a national consultation process that will inform the drafting of legislation on the establishment of a
truth commission. At the regional level, in Africa, in spite
of the consultations that have been carried out since
2013, the AU Transitional Justice Policy Framework has
not yet been adopted.
Legal efforts to defend the rights of women in Tunisia
On 26 July 2017, Tunisia consolidated its leading position
in the Middle East and North Africa region in the field of
women’s rights through the Parliament’s adoption of the
Law on the Elimination of Violence against Women. The
law is a landmark achievement that provides for the prevention of and protection from violence against women
and girls and ensures that victims of violence receive adequate care and have access to justice. The Law aligns
Tunisian legislation with the Constitution and with recommendations issued by the Committee on the Elimination of Discrimination against Women. The unanimous
adoption of the Law resulted from the patient efforts of
civil society, UN Human Rights and other international
organizations to develop a unifying draft law and an effective awareness-raising and advocacy campaign.
These efforts began in earnest in 2012 when the Secretary of State for Women and Family Affairs reactivated and
updated the “National Strategy against Violence against
Women through their Life Cycle.” A National Commission on Combating Violence against Women was also
created in 2012, tasked with developing a road map for
action and establishing a committee of multidisciplinary
experts to draft a comprehensive law. A participatory and
inclusive approach was adopted during the drafting process. Workshops were organized that brought together
different actors from all regions of the country. Changes
in the Government, in 2015, delayed the drafting process.
In 2016, following strong advocacy by the UN and other
international partners, the process was re-launched and
a second version of the draft was prepared. In July 2016,
the draft was approved by the Council of Ministers and
subsequently submitted to the Tunisian Parliament. The
adoption of the Law, on 26 July 2017, came one year after
the draft was presented to the Parliament.
This historic legislation completes a set of progressive legal provisions on women’s rights in Tunisia and gives effect
to article 46(4) of the 2014 Constitution in line with international human rights conventions. The new law contains
numerous positive elements, including a definition of rape
in line with international standards, the creation of new offences, such as ‘incest,’ which was not previously included
in the Criminal Code, and the raising of the minimum age
for sexual consent from 13 to 16 years of age. The Law further considers gender-based violence as a public order offence, therefore allowing for the prosecution of an accused
person, even if a victim withdraws the complaint. It also establishes a new police corps that is responsible for dealing
with cases of gender-based violence.
The adoption of the Law on Violence against Women is a
landmark in Tunisia’s democratic transition. The commitment and perseverance demonstrated by Tunisian civil
society and the authorities to secure adoption of the Law
should now be channelled towards its effective implementation so that that the Law can help tangibly improve
the lives of millions of women and girls in Tunisia.
UN HUMAN RIGHTS REPORT 2017
27
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents