Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Minimum Age Convention, 1973 (No. 138) - Tunisia (Ratification: 1995)

Article 1 of the Convention. In its previous comments, the Committee noted with interest that a Higher Children’s Council had been created by Decree No. 2002-574 of 12 March 2002 and that its duties included monitoring the situation in the country, studying and advising on national action plans relating to children, and ensuring the follow-up of these plans taking into account the country’s priorities (section 2). The Committee notes the adoption of Decree No. 2003-1054 of 5 May 2003 amending the abovementioned Decree of 12 March 2002. The Committee once again requests the Government to provide copies of any reports prepared by the abovementioned Council on the implementation of national action plans relating to children.

Article 2, paragraphs 1 and 3. 1. Scope and school attendance. The Committee noted previously that section 53 of the Labour Code sets the minimum age for admission to employment at 16 years, but appears not to cover children working on their own account. In view of the fact that the Convention applies to all types of work or employment, the Committee asks the Government to indicate the measures taken or envisaged to ensure that no one under the specified minimum age (16 years) is admitted to employment or work in any occupation, particularly on a self-employed basis. The Government indicated in this connection that Act No. 91-65 of 29 July 1991 on the education system makes basic education compulsory until the age of 16 years and that, in its view, compulsory basic education prevents children under 16 years of age from entering the labour market (as wage earners) or working on their own account. The Committee requests the Government to provide statistical information on school attendance and school drop-outs.

Article 7. Determination of light work. The Committee noted previously that, according to the Government, a decree determining the nature of light work, the preliminary precautions to be taken when engaging children in such work and the number of working hours of young persons, would be adopted in accordance with the provisions of section 56 of the Labour Code. The Committee again reminds the Government that pursuant to Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities, the number of hours and the working conditions of light work. The Committee again expresses the hope that the Government will take all necessary steps to have the above decree adopted and that a copy of it will be sent to the Office as soon as it has been passed.

Article 8. Artistic performances. Further to its previous comments, the Committee notes the information sent by the Government to the effect that the conditions for granting individual employment permits for children to appear in public performances or participate in cinematographic works are set in an order issued by the Ministry of Social Affairs on 19 January 2000. These conditions include: written agreement from the guardian; certification from a medical specialist that the child is physically and mentally fit to carry out the work; authorization by the competent authorities for participation in public performances or cinematographic works; a ban on authorizing participation in hazardous work or work liable to be harmful to the child’s development, morals or school attendance; a ceiling of two hours’ actual work per day, and a ceiling of four hours’ per day for presence. The Committee also notes the Government’s statement that a copy of the order determining the minimum age from which individual permits may be granted, and setting limits on duration in the case of work undertaken in the interests of art, science or education, will be sent to the Office as soon as the text has been adopted. The Committee hopes that the order will be adopted shortly.

Part III of the report form. Further to its previous comments, the Committee takes due note of Act No. 2000-53 of 22 May 2000, supplementing the Code for the Protection of Children, and notes the adoption of Decree No. 96-1134 of 17 June 1996, establishing special regulations governing child protection delegates, and the areas and means of the action they undertake with the social services and organizations concerned.

Part V of the report form. Practical application of the Convention. With reference to its previous comments, the Committee notes the information supplied by the Government to the effect that the labour inspection services have reported no unlawful employment of children under the age of 16 in the course of their visits to workplaces in 2004.