Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee takes note of the Government’s report.

Article 2, paragraphs 1 and 3, of the Convention. 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 this regard, the Government indicated 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 asked the Government to provide statistical information on school attendance and school drop-outs.

The Committee takes note of the statistical data supplied by the Government in its report according to which the net enrolment rate for children aged from 6 to 16 years is 90.5 per cent for 2006–07. Furthermore, the drop‑out rate for the first stage of basic education is 1.7 per cent, and 10.9 per cent for the second stage. The Committee observes that, according to these statistics, a number of children drop out of school before reaching the statutory school leaving age, which is 16 years. It notes, however, that, in cooperation with UNICEF and with support from the World Bank and the European Union, the Government has set up an education programme in Tunisia which has two main components: high‑quality education and assistance for priority education areas (ZEP). One of the programme’s aims is to reduce the drop‑out rate. Considering education to be one of the most effective means of combating child labour, the Committee requests the Government to provide more detailed information on the implementation of the education programme, particularly its impact in terms of improving school attendance and reducing drop‑out rates among children of under 16 years. Please also provide a copy of Act No. 91-65 of 29 July 1991 on the education system.

Article 7. Determination of light work. With reference to its previous comments, the Committee notes the Government’s information that a draft decree is being prepared to determine the nature of light work, the preliminary precautions to be taken when engaging children in such work and the number of hours they may be allowed to work. The Committee reminds the Government that, pursuant to Article 7, paragraph 3, of the Convention, the competent authority must not only determine the activities in which employment or work on light work maybe permitted, but must also prescribe the conditions in which such employment or work may be undertaken. The Committee hopes that the draft decree will be adopted in the near future, and requests the Government to provide information on any progress in this regard and to send the Office a copy of the decree as soon as it has been adopted.

Article 8. Artistic performances. In its previous comments, the Committee noted the Government’s statement that it would send to the Office, as soon as it was adopted, the text of the order determining the minimum age for the granting of individual employment permits for children to appear in public performances or to participate in cinematographic works, and setting limits on the authorized duration of work undertaken in the interests of art, science or education. Noting that the report contains no information on these matters, the Committee again expresses the hope that the order will be adopted shortly and requests the Government to provide a copy of it as soon as it has been adopted.