WRITTEN QUESTION E-3424/02

by Olivier Dupuis (NI) to the Commission

(2 December 2002)

Subject: Sexual harassment, impunity, intimidation and threats of torture in Tunisia

In August 2002, Ms H.B., a young employee in a Tunis hospital, lodged a complaint with the Hospital Director and the Minister for Public Health, alleging that she had been sexually harassed by her immediate superior. The complaint was never investigated, and Ms H.B. was, in turn, accused of having abandoned her workplace without authorisation, of failing to show due respect to a superior and of making slanderous accusations against him. The ATDF (Tunisian Association of Democratic Women) referred the complaint lodged by Ms H.B. to the Minister for Women's, Children's and Family Affairs and to the Minister for Public Health, but neither responded. A disciplinary hearing was held on 12 November 2002 in order to hear the accusations levelled against Ms H.B. According to information received by the World Organisation Against Torture, the hospital was sealed off by police before the Disciplinary Board met, with the result that Ms H.B.'s lawyer, Ms Bochra Bel Hadj Hamida, and Ms Azza Ghanmi, a member of the Executive Committee of the Tunisian Association of Democratic Women, were unable to enter the building. It is reported that the police also insulted Ms Hamida and Ms Ghanmi and threatened them with rape. This incident clearly illustrates the Tunisian Government's failure to implement the recommendations made by the UN Committee on the Elimination of Discrimination Against Women following its consideration of the combined third and fourth periodic report of Tunisia in June 2002 (UN Doc. CEDAW/C/2002/II/CRP.3/Add.6). In its recommendations, the Committee expressed its concern at the high level of violence, including sexual harassment, against women in Tunisia and called upon the government to take effective measures to prevent and punish all forms of violence against women.

What information does the Commission have about the case of Ms H.B., and what measures does it intend to take to persuade the Tunisian judicial authorities to comply with their own legislation and conform to international standards as regards due process? Does not the Commission feel that, as a party to the Association Agreement with Tunisia, it has a duty to persuade the Tunisian Government, the other party to the Agreement, to respect its international human rights commitments, in particular by taking positive action to combat violence against women, torture and other forms of cruel, inhuman or degrading punishment or treatment?

Answer given by Mr Patten on behalf of the Commission

(23 December 2002)

The information available to the Commission is the same as reported by the Honourable Member concerning the allegation of sexual harassment by a young Tunisian female employee.

The reported incident has been brought to the attention of the Commission's Delegation in Tunis but it has no further information at present. However, since the current Danish presidency requires the Member State and Commission Heads of Mission to consider what practical steps they can take to follow up their meeting with the Tunisian authorities on the Local presidency/Commission follow-up procedure (13/11/2002): human rights situation, Tunisia, the Commission's Delegation in Tunis has been asked to include individual cases like the one raised by the Honourable Member on the agenda of the wider dialogue recently started with the Tunisian authorities on judicial reform and human rights.

In June 2002, the question of the status of women and equal opportunities was raised in talks between the EU and Tunisia during a meeting of experts on social issues. At the time, there was no indication of special problems in relation to sexual harassment.

The Commission will clearly continue to monitor the situation of women in Tunisia closely.

The Tunisian Association of Democratic Women has a seat on the steering committee of a Commission-financed programme on improving women's rights as citizens and gender equality in the Maghreb region. This independent association is one of a number of bodies whose activities in support of Tunisian women we are monitoring with interest.