Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Tunisia (Ratification: 1957)

Individual Case (CAS) - Discussion: 2024, Publication: 112nd ILC session (2024)

Written information provided by the Government

Further to the observations of the Committee of Experts concerning the violation of the right to organize, it should be noted that Tunisia has never failed in its ILO-related obligations concerning the effective application of the International Labour Conventions. It has always strived to ensure the proper application of ratified Conventions, which currently total 64, including Convention No. 87, the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and the Workers’ Representatives Convention, 1971 (No. 135).

Further to the observations of the Committee of Experts concerning the violation of the right to organize, it should be noted that Tunisia has never failed in its ILO-related obligations concerning the effective application of the International Labour Conventions. It has always strived to ensure the proper application of ratified Conventions, which currently total 64, including Convention No. 87, the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and the Workers’ Representatives Convention, 1971 (No. 135).

It is also important to note that the Ministry of Social Affairs applies equal treatment for all social partners, including occupational organizations and unions, respecting neutrality, transparency and the preservation of social peace, as part of strengthening the right to organize and upholding the law in a work environment that is free from violence, pressure and threats of any kinds, all in the national interest.

I. Arrest of the Secretary General of the Tunisian motorway trade union, Anis El Kaabi

The Secretary General of the Tunisian motorway trade union, Anis El Kaabi, was arrested on 31 January 2023 and detained as part of an open investigation into the exploitation of a public servant aimed at undermining the administration or agreeing to prevent the exercise of public service through collective resignation. In accordance with sections 96 and 107 of the Criminal Code, Anis El Kaabi was released on Thursday 18 April 2024. The indictment chamber of the Tunisian Court of Appeals therefore decided to release him under the current conditions – free but with a travel ban – and on 5 March 2024 the Court of Cassation rendered null and void the decision of the indictment chamber to refer him to the criminal chamber.

II. List of essential services

Section 381 ter of the Labour Code has reproduced the definition of the notion of “essential services” adopted by the Committee on Freedom of Association, that is, “to determine situations in which a strike could be prohibited, the criterion which has to be established is the existence of a clear and imminent threat to the life, personal safety or health of the whole or part of the population’s interests”. Section 381 ter therefore stipulates that “a service is considered essential where the interruption of the work would endanger the life, safety or health of the whole or part of the population”. This definition has in practice not given rise to any problem or difficulty, mainly owing to the deeply rooted tradition consisting of the resolution of collective labour disputes and all related issues, by means of social dialogue and consensus. This consensual approach, taken by the social partners (employers, workers’ unions, public authorities) has continuously resulted in the signing of agreements between employers and workers on the achievement of minimal work in the essential services, particularly in the public services (hospitals, water and electricity providers, and so forth). This practice has allowed us to avoid using the compulsory arbitration provided for in section 381 ter of the Labour Code, nor the requisition mentioned in section 389 of the Code.

III. Amendment of the Labour Code

Our country is currently undergoing a legislative overhaul in the area of labour and industrial relations, aimed at progressively amending the labour legislation, strengthening conditions of work and workers’ fundamental rights, eradicating all forms of precarious labour and reinforcing job security, which are all currently part of our overarching priorities. In this framework, and in accordance with the instructions of the President of the Republic of Tunisia, Mr Kais Saied (February 2024), and with the objective of providing decent working conditions to workers in the public and private sectors, and eradicating precarious jobs while ensuring institutional continuity and sustainability, the Ministry of Social Affairs has undertaken an updated and urgent inventory of outsourcing agencies, and has stepped up campaigns on precarious work by monitoring compliance with the decent work principles, aimed at setting out visions for legal mechanisms and reforms to address this type of employment. To this end, two committees have been appointed at the level of the Cabinet and the Ministry of Social Affairs, responsible for preparing a Bill on the amendment to the Labour Code to put an end to all forms of precarious work.

1. Affiliation of children to trade unions

Concerning section 242(2) of the Labour Code which stipulates that minors over the age of 16 may join a trade union unless their father or guardian objects, it should be noted that the legal age of majority has been standardized in Tunisian legislation to 18 years. Likewise, the legislator adopted the age of 18 as the starting point for majority in a number of areas, such as marriage, which is 18 years for both sexes under section 5 of the Personal Status Code, or for obtaining a driving licence and identity card. Further, the ratified international labour standards have contributed to the progressive establishment of a system to protect against child labour and uphold the values of humanitarian law. The original framework of this system is in the 1966 Labour Code, the provisions of which, from certain perspectives, have been strengthened based on the 2022 Constitution, and have been further incorporated into other provisions included in texts for general application. In addition, the ratified international labour standards have been seamlessly introduced into Tunisian law. The Labour Code, moreover, has enabled children to enter working life, with conditions for special protection and, in this context, it should be noted that trade union membership for children under 18 years is not a restriction, given that the legislation constitutes an indivisible whole and cannot contain conflicting provisions. Hence why the legislator insisted on the status of “worker” for membership of a trade union and section 242 of the Labour Code stipulates that trade unions or occupational associations or unions of persons exercising the same occupation, similar trade or related occupations leading to the production of specific products, or the same liberal profession, may be formed. This section does not include the requirements for the membership of workers in trade unions, in accordance with which they have to be at least 18 years old, but instead provides for the possibility for minors to join trade unions unless their father or guardian objects. In addition, in the case of persons who have not reached the legal age of majority, most of their obligations are considered null and void and inappropriate as they do not yet have legal capacity, all of which benefits minors who have not reached puberty and legal maturity. Likewise, the Labour Code classifies this category of children as young workers as it considers them, within the meaning of section 353 of the Labour Code, to be apprentices and not workers. They receive compensation and not a wage. Under section 353, any person found to have knowingly employed, as an apprentice, worker or employee, young people under the age of 18 who do not fulfil the terms of their apprenticeship contract, or who have not been duly released, shall be liable to pay compensation to the head of the abandoned establishment or workshop. In accordance with the foregoing, the national legislation is wholly consistent in this regard and is in line with the interests of minors and protection of children.

2. Access of foreigners to the functions of trade union leadership

Regarding the prior approval that must be granted to foreign nationals to exercise trade union functions, this does not limit foreign workers’ right to organize, as they can be trade union members and exercise the right to strike in the same capacity as Tunisians, even if they do not have the possibility of participating in trade union leadership. Likewise, Chapter II of the Labour Code establishes the conditions for the recruitment of foreign labour. Section 258 stipulates that “The provisions of this chapter establish the conditions for the recruitment of foreign labour in Tunisia, in accordance with the agreements concluded between the Tunisian Republic and foreign countries and with specific legal provisions.” In addition, section 278 of the Labour Code stipulates that the declaration of establishment shall necessarily include the nationality of the foreign workers employed, which requires verification of the residence permit numbers, the date of issue and the period of validity. These sections are designed to protect foreign workers against abuse and non-compliance with the principles of decent work, on the one hand, and to maintain general order and social peace, on the other. Likewise, the Government considers that the five-year period provided for in section 251(1) of the Labour Code is a reasonable period. The same period is required, for example, for European Union citizens to obtain the right of permanent residence in another European Union country after having resided there legally and continuously for five years.

3. Restrictions to the right to strike

In this respect, Tunisian legislation complies with international labour Conventions, including the Convention, even though it does not explicitly provide for the right to strike. Thus, the provisions of Article 3(1) of the Convention are formulated in such a general manner that they are open to wide interpretation. These provisions do not specifically deal with the conditions for exercising the right to strike, but essentially deal with the rights of workers’ and employers’ organizations to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes. National legislation has enshrined freedom of association and has attempted to close this loophole. It even includes provisions that are broader than those contained in the Convention and in the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). Freedom of association in our country is thus a constitutional freedom, the Constitution guaranteeing the right to organize and the right to strike. Article 21 stipulates that “All citizens have equal rights and duties, and are equal before the law without discrimination. The State guarantees the individual and collective rights and freedoms of all citizens”. In addition, article 40 of the Constitution requires that “the freedom to form political parties, trade unions and associations is guaranteed. Political parties, trade unions and associations undertake in their regulations and activities to respect constitutional provisions and the law, and financial transparency and non-violence”. Both the right to organize and the right to strike are guaranteed by article 41, which stipulates that “The right to organize, including the right to strike, is guaranteed”. It can therefore be said that the protection of the right to strike does not pose any problem in national legislation or in practice, and considering that Tunisia has acceded to the International Covenant on Economic, Social and Cultural Rights, in accordance with Act No. 30 of 29 November 1968, section 8 of which provides that the right to strike is guaranteed, provided that it is exercised in accordance with the legislation of the country concerned. Likewise, the Labour Code has codified this right through provisions that are fully in line with those contained in the Convention, in particular Article 3 of the Convention, which provides that “Workers’ and employers’ organisations shall have the right […] to organise their administration and activities and to formulate their programmes”, and Article 8, which provides that “The law of the land shall not be such as to impair, nor shall it be so applied as to impair, the guarantees provided for in this Convention”. Regarding the approval by workers’ trade union federations of a strike or work ban, to date the Government has not received any comments or complaints from active occupational associations of employers or workers in Tunisia. Even the rules of procedure of employers’ and workers’ organizations include the requirement that their central authority approve strikes or work bans, in accordance with the Labour Code. Consequently, strike action in our country does not pose any problem and national legislation does not therefore violate the provisions of the Convention, which has not, as mentioned above, established the right to strike, thus opening the way to various interpretations. In order to address this vacuum and ambiguity, the Governing Body decided to raise the matter before the International Court of Justice to seek its advisory opinion. The Government therefore considers that sections 376 bis, 376 ter, 387 and 388 of the Labour Code are consistent with the interests of occupational associations of employers and workers in Tunisia.

IV. Representativeness criteria

The Government, (the Ministry of Social Affairs) is working with the social partners to develop a vision of a system of trade union representation that is compatible with the parties, and in line with the particularities of the economic and social situation and the system of industrial relations, with the support of the International Labour Office in Tunisia. In the context of setting standards for trade union representativeness, and in order to close the legal loophole in the legislation defining these standards and regulating trade union pluralism, and in accordance with the provisions of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and following the seminars organized with the ILO on potential representativeness standards, the Ministry, with a view to ensuring that the determination of representative organizations at the sectoral and enterprise level is based on clear, pre-established, objective criteria adopted after consultation with all the concerned workers’ and employers’ organizations, invited in writing the occupational associations, namely, the Tunisian Union of Industry, Trade and Handicrafts (UTICA), the General Federation of Tunisian Workers (UGTT), the Tunisian Federation of Agriculture and Fisheries (UTAP), the Tunisian Labour Organization (OTT), the Tunisian Federation of Insurance Companies, the Tunisian Federation of Newspaper Directors, the Tunisian Professional Association of Banks and Financial Institutions, the occupational association of Tunisian enterprise owners, the Tunisian Farmers’ Union (SYNAGRI), the Tunisian General Confederation of Workers (CGTT), the Tunisian Workers’ Union (UTT), the Confederation of Citizen Enterprises of Tunisia (CONECT), the Tunisian Hotel Trade Federation, the Tunisian Workers’ Federation, the Tunis transport union and the National Union of Tunisian Journalists, in order to examine the proposed standards and express their opinion. Our departments received a number of related responses from the following occupational associations: CONECT, UTAP, SYNAGRI, OTT, UTT, CGTT, the Tunis transport union and the occupational association of Tunisian enterprise owners. The others did not furnish any response. Likewise, the Ministry invited the most representative organizations to attend a working meeting for this purpose, but they did not attend. To address this situation, the Ministry is currently considering renewing the dialogue with all concerned parties, with the support of the ILO in Tunisia, and drawing on a wide range of comparative experiences planned as part of upcoming training programmes. We recently examined and shared documents and studies on the Algerian experience of legislation on trade union representativeness.

Discussion by the Committee

Chairperson – I invite the Government representative of Tunisia, the President of the General Committee for Labour and Professional Relations at the Ministry of Social Affairs, to take the floor.

Interpretation from the Arabic: Government representative – At the outset, I would like to thank the Committee for giving us the opportunity to speak in this room. This is the first time that Tunisia has appeared before this Committee. We know the significance of this Committee and welcome the opportunity to provide information on the observations made and on our practices and legislation, which are fully in line with international labour standards, particularly those relating to fundamental rights at work and decent work.

Tunisia respects its commitments to the ILO both in law and in practice. It implements the ILO Conventions and respects its obligations in this respect. Tunisia intends to implement the 64 Conventions it has ratified in good faith, including this Convention, the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971 (No. 135). We endeavour to ensure that our legislation complies with ILO standards in all areas.

Tunisia defends fundamental rights at work and guarantees the application, in practice, of these principles enshrined in our national legislation on freedom of association. This right is clearly enshrined in the Constitution of Tunisia, and there are no laws that undermine or restrict these principles. This is guaranteed in our Labour Code and through collective bargaining and framework agreements.

The Constitution clearly guarantees the rights set forth in the Convention. Workers can form or join a trade union without prior authorization. I wish to recall that Article 8 of the Convention stipulates that workers and their organizations must respect the law when exercising their rights. I emphasize that the exercise of these rights must not interfere with public order.

With regard to the arrest of Mr Anis Kaâbi, the Secretary-General of the trade union representing officials of the Tunisian Motorway Association (STA), the details of this arrest are too complex and we will not go into them here. We have provided all the details with the relevant information to the Committee. In the interest of upholding the law, the enterprise concerned lodged a complaint for “exploitation of a public servant’s function aimed at undermining the administration, or plans to obstruct the exercise of a public service by mass resignation”. This case has been brought before the courts in accordance with national law and we would not have learned of it but for the request for details of the arrest. Allow me to recall the fact that Mr Kaâbi was released on 18 April 2024.

Regarding the right to strike, I wish to inform you that in 2023, 47,924 workers participated in strikes in various branches in Tunisia without being prosecuted.

On the revision of the Labour Code, our country is currently making efforts to invest in labour institutions and promote a decent and sustainable work model. We are also committed to using digital transformations intelligently to improve the well-being of workers. Our approach is to gradually amend the law to improve working conditions and fundamental rights of workers. Our main priority is to guarantee and increase stability and to ensure occupational safety and health. The President of the Republic has asked for the legislation to be overhauled, focusing on labour law and social justice. Decent work conditions must be guaranteed for workers, in both the public and private sectors, by eliminating all forms of precarious work. A review of the subcontracting situation in enterprises has been undertaken and campaigns against precarious employment have been stepped up. Decent work requirements are being closely monitored and Tunisia is considering adopting a legal procedure to combat these forms of employment. A committee has been set up to examine a Bill amending the Labour Code to strengthen decent work taking account of the structural reorganization taking place in the working environment and new forms of employment.

With regard to children’s membership in trade unions, section 242(2) of the Labour Code sets out that minors over the age of 16 may join a trade union, unless their father or guardian objects. It is important to note that the legal age of majority has been standardized in Tunisian legislation at 18 years. National legislation is therefore consistent and protects children’s and minors’ interests in accordance with international agreements. Trade union activities are important activities which lead to heavy responsibilities, such that those who carry out such activities must know how to act and take complex decisions. Hence why the legislation provides that authorization must be obtained from parents or guardians for their children’s membership. After that, these minors can take on heavy responsibilities.

Turning to the right to strike, our legislation is aligned with the ILO Conventions in this regard, particularly Convention No. 87, even though this Convention does not mention specifically the right to strike and this matter has been referred to the International Court of Justice. Freedom of association is also enshrined in our national legislation, which contains more extensive provisions than those contained in Conventions Nos 87 and 98. Freedom of association is at the heart of Tunisia’s fundamental principles and labour law, and is a prerequisite for social justice. It is a right enshrined in the Constitution, which guarantees that all individuals shall exercise public freedoms, the right to join or form a trade union and the right to strike. Further, Tunisian legislation guarantees the exercise of the right to strike without limitation by avoiding a narrow definition of the term, thereby allowing for a broad interpretation, and a limitation of the objectives. Trade unions can therefore decide on the duration of a strike. The purpose of the requirement to report the duration of a strike, under labour law and the Labour Code, is to prevent a work stoppage in a particular branch and to give both parties the opportunity to settle their differences peacefully.

With respect to the approval of strikes by the trade union confederation authorities, the Government has not received any comments or complaints from workers’ occupational organizations on the conditions for the approval of strikes by their union authorities. On the contrary, their rules of procedure include such conditions for approval. Are these conditions also considered an obstacle to the exercise of the right to strike by the trade unions themselves?

Concerning the ability of foreign nationals to exercise a trade union function, this is not limited to the right to organize, as they can be members of a trade union and exercise their right to strike in the same way as Tunisian nationals. Foreign nationals may hold leadership positions five years after acquiring Tunisian nationality. After that period, they may hold other positions under the supervision of the Ministry of Social Affairs. These conditions are designed to protect foreign nationals from abuse and non-compliance with the principles of decent work, and also to protect workers against any exploitation for purposes unrelated to trade unions and the exercise of trade union rights. This is why the Government verifies the status of foreign workers wishing to carry out trade union leadership functions – to protect the country’s stability and security.

In the context of standard-setting for trade union representativeness, and to fill a gap in the legislation by specifying these details, including with regard to the regulation of trade union pluralism, and in accordance with the provisions of Convention No. 144 on tripartite consultation and following the meetings organized with the ILO on the rules governing the determination of representative status, the Ministry organized a round of negotiations with all the workers’ and employers’ organizations, inviting them to provide their views. To date, we have received only a few responses. The Ministry is therefore envisaging a dialogue with all parties involved with the support of ILO Tunisia. We have also shared a document from other trade unions. As the Ministry of Social Affairs, which covers trade union representation, is one of the main areas of cooperation with the ILO regional office, we received a letter from the regional office on 19 May 2024 confirming these priorities and stating its willingness to pursue technical cooperation. I will stop here as I have run out of time and I will intervene later

Worker members – We have before us the case of Tunisia’s compliance with Convention No. 87. We still remember the ban imposed last year on the International Trade Union Confederation (ITUC) and the European Trade Union Confederation (ETUC) from visiting the country to help their members. This ban is not in line with Articles 5 and 6 of the Convention.

The Committee of Experts noted a number of aspects that amount to interference in trade union activities. We recall, for example, in 2021, a court ruling to annul a decision to convene the congress of the Tunisian Trade Union Confederation (UGTT). The Government explained that the Court of Appeal overturned this decision. It nevertheless appears to us that this legal procedure shows a lack of protection for the independence that trade union organizations should enjoy.

This precedent shows us that it is generally quite easy to challenge the functioning of trade union organizations before the courts. The possibility of appeal and the final court decision are not likely to dampen this observation. Indeed, the existence of an appeals procedure does not mean that damage is not done and that the trade union is not prevented from carrying out its activities.

This regrettable situation does not stop there. As noted by the Committee of Experts, several trade union leaders have been, and continue to be, intimidated and arrested. There have also been criminal proceedings and administrative sanctions. Other speakers will illustrate several of these facts in detail. But at this stage, I would like to underline the inextricable link between trade union freedom and civil liberties.

In this regard, I recall the content of the resolution adopted by the 54th Session of the International Labour Conference. In particular, it emphasized the right to personal freedom and safety to protection against arbitrary arrest and detention. More than ever, we must reaffirm that the right to organize can only flourish in a climate free from violence and intimidation.

The Committee of Experts also made a series of observations on certain legal provisions that should be reformed. The Government must make efforts to undertake this and to initiate a reform process. This reform must, of course, unfold within the framework of a genuine social dialogue involving trade unions and employers; and such a dialogue is currently lacking. We regret that the Government has not been holding genuine social dialogue consultations for several years. This situation is of course damaging. It feeds instability and prevents the protection of workers’ rights.

We invite the Government to take today’s discussion as an opportunity to relaunch the inclusive dialogue mechanisms and bodies.

Employer members – This case of Tunisia deals with the application in law and in practice of Convention No. 87. Convention No. 87 is a fundamental Convention which Tunisia ratified in 1957. The Committee of Experts made observations six times in this case: 2011, 2012, 2015, 2018, 2022 and 2023. The Committee is discussing this case for the first time, however.

We have taken note of the written and oral information submitted by the Government on this case. The latest observations of the Committee of Experts are mainly in respect of three areas:

The first relates to the arrest and criminal prosecution of the Secretary-General of the Tunisian Motorway Association. We note, however, the Government’s information that the Secretary-General has since been released on 10 April 2024 after a judicial process in Tunisia.

The second set of observations relate to the Labour Code. Here, the Committee of Experts have highlighted three areas in which Tunisia’s Labour Code is not in conformity with the Convention, particularly Articles 2 and 3, at least according to the Committee of Experts.

The first area of concern is section 242 of the Labour Code, which requires children who have reached the age of admission into employment to obtain the consent of their parents or guardians in order to exercise their trade union rights.

The second relates to section 251 of the Labour Code, which does not permit foreigners to hold leadership positions in trade unions, even after a reasonable period of residence in the country. As you have heard, they need to have been in the country for a period of five years.

The third area relates to sections 376 bis, 376 ter, 387 and 388 in respect of strikes.

The Employers’ group agrees with the Committee of Experts that legal provisions that restrict minors from exercising their trade union rights, when they are able to work legally, are not in conformity with the Convention. We have noted the Government’s information that the legal age to be admitted into employment has been revised to 18 years, and that workers below that age are only considered apprentices and not workers in a real sense. However, to the extent that apprentices are performing work as workers and should be entitled to trade union rights, we call on the Government to ensure that the Labour Code’s provisions are harmonized with the Convention.

With respect to foreign workers, we note the Government’s response that its legal requirement for such workers to qualify for trade union leadership after five years, is not in conflict with the Convention. To the extent that the Government may benefit from ILO technical assistance in harmonizing its laws with the Convention, including on the reasonableness of the qualifying period, we urge the Government to seek such assistance.

With respect to the provisions on strikes, the Employer members would like to recall their disagreement with the Committee of Experts’ views concerning the Convention and the right to strike. They wish to emphasize that neither Convention No. 87 nor any other ILO Convention contain rules on the right to strike. This fact has been highlighted by the Government group in their position statement of March 2015 according to which “the scope and conditions of this right are regulated at the national level”. As a consequence, governments can legitimately determine their own approach to the right to strike, freely guided by their national needs and priorities, and are not held to follow the Committee of Experts’ recommendations. It is in this light that the Employer members are addressing the case of Tunisia.

With regard to the third area of observations, the representativeness of workers’ organizations. the Government’s information is that they are still in the process of consulting. The Committee of Experts has made it clear that there should be criteria that are “clear, pre-established and objective” for determining an organization’s representativeness. The Government’s position is that pending any consensus on this issue following consultation, the matter of the representativeness of any workers’ organization is still to be determined by the Secretary of State for Young Persons, Sports and Social Affairs under section 39 of the Labour Code. While this may achieve a determinative effect in any particular dispute, it is unfortunately not consistent with what is required and we would, therefore, urge the Government to expedite the process of consultations, and of review of the Labour Code to make sure that indeed issues of representativeness of organizations are determined or settled through clear, pre-established and objective criteria.

Interpretation from Arabic: Worker member, Tunisia – Firstly, I would like to thank the Committee for accepting the report of the UGTT on violations of trade union rights in Tunisia. We would have liked to see this case addressed last year in order to prevent the violations, which have worsened over the past 12 months.

In this context, we wish to recall that the Tunisian trade union movement was born two centuries ago, adhering to the principles of liberty and independence. Our movement took part in the national battle for Tunisia’s independence and, during the post-independence period, participated in many struggles to defend freedom of association, the independence of the UGTT and democracy. The Tunisian working class, represented by its trade union leaders, has paid dearly in terms of martyrs and prisoners tortured and deprived of their work. Despite the numbers of victims and tragedies, we have learned from these experiences that freedom of association is workers’ most valuable asset and that security, stability and a country’s progress depend entirely on the existence of strong trade unions that prize their liberty, their independence, regardless of the political regime or the labels attached to successive governments.

Against this backdrop, the UGTT played a major role in the Revolution of Dignity that took place from December 2010 to January 2011 and overthrew the dictatorship. The union subsequently assumed significant responsibilities in ensuring a peaceful transition to democracy and, as you know, we also led the 2013 national dialogue between all political and social actors which protected Tunisia and spared it from conflict and civil war, allowing, moreover, the Tunisian people to choose their representatives and President through free elections witnessed by the whole world in 2011, 2014 and, most recently, 2019.

The UGTT and its partners supervised national dialogue and received the Nobel Peace Prize in 2015, illustrating the world’s acknowledgement of, and support for, our role in consolidating the values of democracy, human rights and social justice in Tunisia.

Many steps have been taken in the areas of freedom of expression, the right to organize and the development of law and practice in line with international standards on freedoms and human rights.

There have also been significant developments in social dialogue over this period thanks to its institutionalization through the National Social Dialogue Council and the extension of its scope to include social, economic and general development matters.

The social partners have also respected the deadlines set for the revision of wages, amendments to collective agreements and the resolution of labour conflicts. This has all been done in a timely manner and on the basis of negotiation, dialogue and a sincere desire to find solutions.

For some years, however, social dialogue in Tunisia has seen a real regression, a serious decline and a loss of what had been achieved over decades of perseverance, struggles and sacrifices. This decline has coincided with gross violations of trade union rights and severe restrictions on freedom of association. The UGTT and its leaders have been targeted, and its organization has experienced difficulties.

Allow me to list some of the infringements of the right to dialogue and negotiation and trade union rights, in gross violation of international treaties, particularly the Convention under discussion and Convention No. 98.

Firstly, the National Tripartite Council has been frozen. The Council, which was responsible for social dialogue, has been unable to resume its work after the Government refused to publish the names of its representatives as required by law. The National Social Dialogue Council, created with the support of the ILO, has been prohibited since October 2021, impacting social dialogue and policies on consultation and participation, and opening the way to unilateral decisions by the Government.

Secondly, the Government published Circular No. 20 of 9 December 2021 imposing severe and unjustified restrictions on collective bargaining and social dialogue within institutions by deliberately complicating procedures and requiring the agreement of the Prime Minister prior to any negotiations among institutions, their management and trade unions. This has rendered negotiation virtually impossible from a practical standpoint. The restrictions and complications imposed by the Circular are tantamount to restrictions on the right to organize. They violate the right to organize and Convention No. 87, and they infringe the right to collective bargaining as set out in Convention No. 98, which was ratified by the Tunisian Government in 1957.

Third, the Government has failed to respect its commitments to, and agreements with, the UGTT. The Government has violated a great number of those obligations under many agreements, including agreements reached in 2015, October 2020 and on 6 February 2021 and 15 September 2022. The last of those agreements includes seven points, of which just two have been implemented. Many agreements reached between ministries or public bodies and sectoral trade union associations affiliated to the UGTT have also been frozen. These agreements were reached as a result of trade union struggles, after long discussions with the parties concerned, but they were subsequently abandoned, and no commitment has been made to implementing them. The Government intends to undermine the credibility of trade union activities among the membership, stir up frustration among trade unionists and reduce the credibility of social dialogue.

Fourth, the Government makes unilateral amendments and changes to labour law without involving or consulting the UGTT.

Fifth, in addition to the lack of consultation, the Government has taken unilateral decisions that limit freedom of association and refuses to respond to the union’s calls. The Government is therefore attempting to suppress trade union activities and does not allow for the settling of conflicts. One example of such action is the dismissal of all the regulations that the State should consider so as to facilitate trade union activities, that have been guaranteed for decades. Freedom of opinion has been trampled. All the regulations and restrictions have blocked trade union activities. We have documents that prove that trade unionists have been arrested arbitrarily, including Mr Anis Kaâbi, the Secretary-General of the trade union representing officials of the Tunisian Motorway Association, who has finally been released. Similarly, another individual was arrested the day after the President gave a speech at the factory at which he worked and has been tried. Regrettably, the violations of the right to organize harm independence and occur against a backdrop of general violations of rights and freedoms that began some time ago and that continue to cause harm to democracy, of which Tunisia was a pioneer in the region. We supported initiatives to uphold and embed democracy in order to improve the socioeconomic situation which led to the revolution, freedom and dignity in Tunisia. It is also important to highlight that the UGTT assisted in the fight for liberation, it received the support of trade unions in America and Africa in promoting peoples’ right to self-determination, and it is the organization that contributed to the national dialogue that saved the country from war. The UGTT won the Nobel Peace Prize and yet, unfortunately, is today being punished for defending rights and freedoms and supporting lawyers, journalists, bloggers and prisoners of conscience.

This is the general context that we have presented to you in our report on violations of freedom of association in Tunisia. We support all trade union representatives in the world who are attacked and repressed. And I would like to call on all of you, once more, and on the Government to comply with international Conventions, to align our laws with those Conventions and to reopen dialogue.

Interpretation from Arabic: Employer member, Tunisia – The majority of cases that come before this Committee concern Convention No. 87, demonstrating that tripartite dialogue at the international level has not borne fruit and has not met its objectives. That failure is embodied by this international Committee’s inability to resolve the question of the right to strike, leading the Governing Body to refer it to the International Court of Justice, when in reality it is a tripartite matter concerning the constituents.

Indeed, the Convention makes no mention of the right to strike or the suspension of work by employers. Similarly, there are no international standards on the exercise of the right to strike, related rights or obligations towards others when exercising that right. That is the reason why the matter has been referred to the courts and is now subject to legal interpretations, and why the only references are national legislation and bilateral and trilateral agreements between States.

The most difficult and delicate aspect of this is avoiding confusion between, on one hand, the legal right to organize – a right of employers and workers – and, on the other hand, the framework of criminal and civil law. Most of the cases submitted to this Committee, at this session and many others, relate to modalities for the exercise of the right to strike and the suspension of work by employers. This shows that it is indispensable to define a legal and practical framework that achieves a balance between freedom of association and the right to express views and defend interests peacefully, and the need not to restrict the freedom of work and activity of persons not involved in a strike and to ensure free access to workplaces and public services. Moreover, it should be recalled that the exercise of this right must not entail non-peaceful activities or the occupation of workplaces.

That is where the role and importance of tripartite social dialogue lie in this instance. Indeed, it is this dialogue that allows for a balance between rights and obligations. It is also this dialogue also allows a line to be drawn between the exercise of the right to organize and political activities. And, in the course of such dialogue, it should be established that those responsible for infractions must be held to account.

With regard to the position of the employers, we have no problem with representative pluralism and representativeness in trade unions. It is true that the UGTT is the most representative trade union in the economic sphere and that it is our main partner in labour relations. There are, however, other trade unions in other sectors with which we have relationships, such as the Tunisian Union of Industry, Commerce and Craft Trades and unions representing workers in travel agencies, hotels, pharmacies, insurance agencies and banks, as well as lawyers. This ensures true pluralism in trade union representation. Since 2016, the Government has undertaken consultation with us and with the UGTT on pluralism in trade union activity and trade union representativeness. A study on this subject has been carried out by an international expert under the auspices of the ILO, and a workshop was organized by the ILO with the social partners in March 2017. A tripartite commission was set up to draft an agreement on trade union representativeness, although, regrettably, the coronavirus (COVID19) pandemic put paid to those efforts.

We do not view the requirement for parental authorization for minors’ membership of trade unions as a hindrance to trade union activity or the right to organize, and we have not received any complaints in that regard. We believe that the decision to join a trade union should be linked to the legal age of majority, which is 18 years in Tunisia, in line with the decision taken in 2010.

We have not received any reservation or complaint from the UGTT in relation to the approval of the Confederation of a decision to strike or the suspension of work by an employer. The social partners are of the view that the UGTT, which represents workers and employers, safeguards strike activities and supervision. We believe that the notice period presents an opportunity for conciliation and mediation. Three quarters of labour conflicts are managed by the UGTT and resolved peacefully and amicably.

After listening to the various speakers and taking note of the observations of the Committee of Experts and the Government’s responses, we would like to make the following remarks:

Firstly, we are extremely happy at the court-ordered release of the Secretary-General of the trade union representing officials of the Tunisian Motorway Association, Mr Anis Kaâbi, on 18 April 2024. Nevertheless, despite the large amount of information communicated to us, we will not enter into this discussion of the case of Mr Anis Kaâbi or of other trade union officials since we believe that this Committee is not a courtroom in which appeals may be lodged, and we are convinced that matters concerning justice in Tunisia are for the Tunisian judicial system to address and should be resolved in line with Tunisian law. Lastly, we are surprised at Tunisia’s inclusion on the list of individual cases on the application of Convention No. 87 since the facts as presented do not, in our view, constitute a violation of workers’ fundamental rights. We believe that shortcomings may be resolved through dialogue and social consultations.

Worker member, Italy – I take the floor on behalf of the Italian trade union confederations: the Italian General Confederation of Labour (CGIL), the Italian Confederation of Workers’ Trade Unions (CISL) and the Italian Union of Labour (UIL), as well as the French trade union confederations: the French Democratic Confederation of Labour (CFDT) and the General Confederation of Labour (CGT).

The Committee of Experts noted with concern the observations of the UGTT and the ITUC alleging violations of trade union and human rights committed by authorities, in particular arbitrary arrests, threats and intimidation, and criminal and administrative prosecutions taken against trade unionists.

In Tunisia, in 2021 the Government further restricted civil liberties and harassed and persecuted trade union leaders. The authorities adopted and applied with rigour Decree No. 54, of which the UGTT has repeatedly demanded the withdrawal. This law penalizes all expressions of dissent, protest or demand with a prison sentence of up to five years and administrative fines. With this penalty, trade union activists daring to carry out their normal duties are at constant risk of arrest and harsh sentencing.

Italian and French workers are deeply concerned with the imprisonment and red targeting of trade unionists and escalating judicial harassments against civil society activists and trade union members.

This perpetuates a climate of fear, undermining the fundamental rights of workers to organize their activities and advocate their interests, free from interference and intimidation, in total disregard of the provisions of the Convention.

In addition to a complete lack of social dialogue in Tunisia, we are also concerned about the continued violations of collective bargaining rights and severe violations of civil liberties and denial of the right to international trade union solidarity.

In this repressive context, Mr Anis Kaâbi, the Secretary-General of the trade union representing officials of the Tunisian Motorway Association, was arrested because of a strike organized in January 2023. At the end of the same year, in the Sfax district, dozens of trade unionists were reported and at least four UGTT members were arrested including the union’s regional Secretary-General, Mr Youssef Aouadni.

These and other incidents have earned Tunisia the reputation of being one of the ten worst countries in the world for workers, according to the Global Rights Index 2023 compiled by the ITUC. On 29 February 2024, Taher Mezzi, Deputy General-Secretary in charge of the private sector in the UGTT, was arrested before a scheduled protest movement in La Kasbah with the clear purpose of weakening and threatening the independent trade union movement.

We urge the Tunisian Government to drop all the pending charges and cease the political imprisonment of trade unionists and activists for exercising their fundamental rights and freedoms.

Interpretation from Arabic: Government member, Saudi Arabia – Saudi Arabia wishes to commend the progress made by Tunisia to the implementation of the Conventions ratified by that country in accordance with international labour standards. We also commend Tunisia’s cooperation with the supervisory mechanisms. Further, we applaud the efforts made by Tunisia in seeking to enhance the fundamental rights of workers, as well as efforts undertaken to create decent working conditions in the public and private sectors.

In addition, we are happy to note that Tunisia is seeking to foster social justice by putting in place legislation that takes due account of social policies and protects the rights of workers. In conclusion, we once again thank the Government of Tunisia for all that it is doing.

Interpretation from Arabic: Worker member, Bahrain – I am speaking on behalf of the Workers’ Federation of Bahrain, Libya and Morocco. I represent all of those workers and we of course stand in solidarity with our brothers in Tunisia.

Convention No. 87 is the bedrock for free, independent and democratic trade unions, that respect workers’ choices while guaranteeing the safety and security of trade unionists and their organizations.

In Tunisia today, the trade union movement, and more particularly the UGTT, is a one that has a proud history of struggle, and that is today being attacked as an organization. Members of that organization are repeatedly alleged of wrongdoing such that prevents them from working in a way that is conducive to trade union activities flourishing in the country.

The UGTT is a national organization in Tunisia. It represents workers and with reference to the Convention, we know that it has to be able to work in a way that allows those elected to represent the interests of the workers. We, the workers of Bahrain, stand in solidarity with workers in Tunisia and with the UGTT. We call for application of the Convention to be guaranteed in Tunisia. We call for all necessary steps.

Government member, Nicaragua – The Government of Reconciliation and National Unity of the Republic of Nicaragua notes and is grateful for the information provided by the Tunisian authorities. It also recognizes the efforts, initiatives and achievements of the Tunisian Republic in complying with its ILO obligations relating to the application of international labour Conventions, the harmonization of its national legislation with international labour standards and its full cooperation with the ILO supervisory bodies.

Nicaragua recognizes Tunisia’s efforts to amend its labour legislation, including the Labour Code, to promote workers’ fundamental rights, provide decent working conditions for workers in the public and private sectors, and eliminate all forms of precarious employment.

Achieving social justice is a top priority for the Tunisian Government, which strives to promote it through the development of legislation and the implementation of social policies safeguarding workers’ rights. At the international level, Tunisia has confirmed this approach by joining the Global Coalition for Social Justice launched by the ILO.

We also acknowledge Tunisia’s initiatives and efforts in working closely with the ILO to regulate trade union pluralism by defining criteria for trade union representation.

We congratulate Tunisia for its continued commitment to pursue a path to social justice, with a view to respecting the labour rights of workers and the Tunisian people.

Worker member, Spain – I am speaking on behalf of the Spanish trade unions: the Trade Union Confederation of Workers’ Commissions (CCOO) and the General Union of Workers (UGT). Today, the Committee is considering the case of Tunisia regarding the violation of the Convention, ratified by Tunisia in 1957, particularly Article 3(2) of the Convention, establishing that the public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof.

In 2023, the Tunisian Government expulsed the Secretary-General of the European Trade Union Confederation (ETUC) during a visit to Tunisia to support the UGTT. Other trade union members from Europe were likewise returned to the Tunisian border. Further, an ITUC delegation was informed that it could not enter Tunisia.

A defamation campaign was launched against the UGTT leaders, accusing them of seeking outside assistance, thereby disregarding the values of international trade union solidarity and the right of trade union organizations to mutual support in times of crisis. This undermines the provisions of the Convention, which set forth non-interference in trade unions’ affairs and protection of the right to organize.

The Tunisian authorities are duty bound to protect the right to organize and facilitate the situation of trade unions. However, they withdrew from the UGTT the right to allow its leaders to dedicate themselves entirely to trade union activities, obliging them to perform their usual duties instead of devoting themselves to trade union work, a practice that has been in place for over fifty years. The Tunisian Government did not stop there and brought many trade union leaders before the courts and many were dismissed from their posts.

A the violations committed by the Tunisian Government to isolate the UGTT are multiple, we ask that the ILO intervene as thoroughly as possible in the case of Tunisia in order to address the serious incompliance with the road map that the Tunisian society designed as part of an exemplary democratic transition, which has since been halted and which was an example worldwide, even being awarded the Nobel Peace Prize.

The ILO must also guarantee the participation of the trade unions and associations involved in this process and return hope of a better future to the Tunisian people.

Government member, Pakistan – Pakistan appreciates that Tunisia is engaged with the ILO in the implementation of the Convention. We encourage the Tunisian Government to further extend its cooperation within the ILO’s tripartite framework. We emphasize that dialogue and engagement remain the best vehicles to address any concerns and to promote labour rights and standards. We are confident that continued collaboration between Tunisia and the ILO will pave the way for amicable resolutions.

Worker member, South Africa – I take the floor on behalf of the workers of South Africa to inform the Committee that the trade union movement is being exposed to a major, unjustified and unprecedented attack by the executive authority in Tunisia, which was prepared by the legal texts: Decree No. 117 of 22 September 2021 and Decree No. 54 of 2022. The decrees restrict trade union activity and freedoms in general and fabricate cases against the trade unionists, isolate many of them, withdraw the career plans of some of them, and suspend the status of those who devote themselves to union work on behalf of all the leaders of the national, regional and sectoral organizations.

We have no doubt about the ferocity of the attack carried out by the authorities against the UGTT. We have followed this through many reports received, since the UGTT and the three national organizations announced the launch of a national initiative to find solutions and consensus between the various parties to confront the unilateral and authoritarian approach of the head of the executive authority, which brought together in his hands all powers, whether legislative, executive or judicial, in order to overcome the stifling economic crisis that has cast a shadow over the social conditions of Tunisians.

After this announcement, comrade Anis Kaâbi, Secretary-General of the Tunisian Motorway Association, was thrown into prison on charges of harming the company’s interests after a two-day strike on 30 and 31 January 2023. He remained in prison for 14 months, which is the maximum period for court suspension. Despite his temporary release, the case is still ongoing and his freedom is still threatened, as he could face a harsh prison sentence again.

Furthermore, 16 comrades from the transport sector, led by the General-Secretary of the Transport union, comrade Wajih Al-Zaidi, were brought forward on the pretext of causing chaos in front of the minister’s office. Comrade Wajih was also referred to trial on charges of violating Decree No. 54, which holds accountable anyone who makes critical statements to the executive authority in the media or via the media and on social networks.

For several months, comrade Senki Assoudi, General-Secretary of the Regional Labour Union of Kasserine, has been in prison on malicious charges. He was arrested immediately after the visit of the Head of State to the institution where he works. The Head of State gave a speech in which he directly accused Senki Assoudi of charges, without any evidence.

Comrade Youssef Al-Awadni, General-Secretary of the Regional Federation in Sfax, has been subjected to security investigations and trials several times, against the backdrop of strikes, protest movements and labour disputes, and with him more than 80 trade unionists were referred to the courts because of their union activity.

This year, comrade Abdel Salam Al-Atawi, General-Secretary of the Religious Affairs Syndicate, died while he was forced to take refuge in Algeria after the abuse to which he was subjected, together with 16 union leaders from this sector. They were expelled from work, and some of them were brought to trial on malicious charges, and the case of the deceased union leader was still being followed up by the United Nations High Commissioner. These are the very examples of the violations of the Convention.

Interpretation from Chinese: Government member, China – We appreciate the introduction by the representative of the Tunisian Government. We have carefully read the Report of the Committee of Experts and have taken note of the supplementary information submitted by the Government.

The Government has been committed to fulfilling its obligations in compliance with relevant ILO Conventions, incorporating international labour standards, implementing the Convention, taking the Committee of Experts’ recommendations seriously and providing timely information as required. The Tunisian Government has achieved significant progress and we appreciate the Government’s proactive cooperation and actions.

The Government has revised labour legislation to protect workers’ fundamental rights and provide them with decent working environments and conditions. It has maintained close communication with the ILO Secretariat, engaged in extensive collaboration with social partners and established standards for union representation. It has exchanged practices in union legislation with neighbouring countries and it values the technical support provided by the ILO. Regarding promoting social justice as a priority, the Government keeps advancing legislation and implementation of social policies protecting the rights of workers as well.

We are pleased to see that the Government has joined the Global Alliance for Social Justice. We look forward to close cooperation and active engagement of the Government in promoting social justice with relevant stakeholders. We urge the ILO Secretariat to enhance communication and exchanges with the Tunisian Government, strengthen mutual understanding and cooperation, provide necessary technical support to the Government, help the country enhance its compliance capacity, and further promote its economic and social development.

Worker member, Brazil – At the outset, I would like to offer my sincere solidarity to the workers of Tunisia. We know how the actions of a Government with authoritarian practices can be damaging to democracy and in particular the trade union movement.

In Tunisia, a campaign of intimidation and harassment has been launched against trade unions, including arrests, criminal prosecutions and administrative measures against trade unions, such as the arrest of the Secretary-General of the UGTT, Mr Anis Kaâbi, for a lawful and legal strike, the dismissal of trade union leaders and the use of the law enforcement agents to control and restrict trade union activity.

The observations and concerns raised by the Committee of Experts, in particular the arrest of comrade Anis Kaâbi, were confirmed by the Government in its report and imply serious violations of trade union rights.

The Compilation of decisions of the Committee on Freedom of Association contains various paragraphs on this subject, of which we highlight 76, 124 and 127.

It should be underscored that prosecution of trade union representatives does not only involve national trade union leaders but also leaders of the opposition outside the country, lawyers, judges, activists and journalists.

Social dialogue in Tunisia is virtually prohibited. Thus, in addition to not making the regulatory changes necessary for the implementation of the Convention, in line with training provided by the Government itself, the recent proposed legislative amendments were made without the participation of the social partners, and in some cases the new regulations are used to quash the right to protest. This is the case of Decree Law No. 54/2022 on combating crimes related to information and communication systems.

The arrest of the lawyers, Sonia Dahmani and Mehdi Zagrouba, at the bar school in Tunisia, for example, is an extremely serious case that we could discuss until the end of the Conference, without even exhausting all the violations committed. I will therefore focus on the aspect we consider to be the cruellest of the Government’s practices, the detentions and arrests.

The act of taking away the freedom of human beings by imprisoning them for their trade union convictions and political practices is an act of the most severe reprobation and is certainly one of the most perverse forms of prosecution. Removing an individual from living with others in society, from being close to family and friends because of political differences, violates all the international human rights treaties.

In short, given the degree of reprobation and the related practices, here in this meeting, we urge that a high-level mission be recommended for Tunisia to create an environment conducive to social dialogue and to examine the discrepancies between the national legislation and compliance with international labour standards.

Government member, Indonesia – The Government of Indonesia respectfully urges the ILO to recognize and commend Tunisia’s substantial progress in implementing the Convention. Tunisia has demonstrated a steadfast commitment to international labour standards through comprehensive legislative reforms and strong cooperation with ILO supervisory bodies. Tunisia’s efforts to align national laws with international standards, coupled with active engagement of social partners, underscore its proactive approach to labour rights advocacy.

By prioritizing social justice initiatives, Tunisia sets a commendable example for other nations. Furthermore, Tunisia’s regulation of trade union pluralism and constitutional guarantee of the right to strike highlight its dedication to an inclusive and equitable labour environment. These measures reflect Tunisia’s profound commitment to safeguarding fundamental labour rights and ensuring that workers’ voices are respected within the legal framework.

The Government of Indonesia believes Tunisia’s efforts deserve positive acknowledgment and continued support from the ILO. Tunisia’s progress in enhancing labour standards and fostering a fair labour environment aligns with the core values and mission of the ILO.

Tunisia’s proactive measures and dedication to improving labour conditions serve as a valuable example for other Member States, demonstrating the benefits of aligning national legislation with international labour standards and fostering collaborative relationships with social partners.

In conclusion, the Government of Indonesia reiterates its strong support for Tunisia’s efforts in implementing the Convention and encourages the ILO to recognize these significant strides, providing continued assistance and recognition to Tunisia in its journey toward promoting and protecting labour rights.

Worker member, Norway – I am speaking on behalf of trade unions in the Nordic countries and Solidarnosc in Poland. We were all proud when the Tunisian National Dialogue Quartet, consisting of workers’ and employers’ organizations, alongside the Lawyers and the Human Rights League, was awarded the Nobel Peace Prize in 2015 for its decisive contribution to building a pluralistic democracy in Tunisia following the Jasmine Revolution of 2011. We hoped for a democracy that respected human and labour rights, utilizing social dialogue to create a new and better society.

In February 2023, the Norwegian Confederation of Trade Unions and the Norwegian Employers’ organization hosted a tripartite delegation from Tunisia, including two ministers, to exchange experiences on tripartite structures and social dialogue. However, instead of continuing the constructive work and dialogue to overcome common challenges in Tunisia and build on the trust established in Oslo, the situation has unfortunately deteriorated.

We are extremely disappointed to find that developments have gone in the wrong direction. Recently, there have been arrests, accusations, criminal prosecutions and administrative measures taken against trade unionists. Social dialogue is no longer taking place, and the labour organization, the UGTT, and the Employers’ organization, the Tunisian Confederation of Industry, Trade and Handicrafts (UTICA), are excluded from the process of amending national laws. Sadly, Tunisia’s current Government has also decided to impose restrictions on the free operations of trade unions, including the right to assembly and industrial actions.

The right to organize, bargain collectively and conduct their own activities without government interference are key elements of the ILO’s mandate, essential for advancing social justice and shared prosperity. Moreover, a well-functioning social dialogue benefits the economy and the country by involving employers and trade unions in regulating employment relations, promoting industrial harmony, productivity and stability.

We urge the Tunisian Government to take the necessary measures to comply with the Convention, ensuring that laws and practices align with the Convention. It is imperative that labour unions can fully exercise their rights to organize, bargain collectively and operate freely without government interference.

Finally, we call on the Government to review the social dialogue in Tunisia.

Interpretation from Arabic: Government member, Libya – We support the reforms undertaken by Tunisia in implementing its obligations under ILO Conventions that Tunisia has ratified, namely Convention No. 87 on freedom of association and Convention No. 98 on collective bargaining. The State of Libya commends the measures taken by the Tunisian Government in gradually amending its labour legislation in order to afford workers their fundamental rights and to provide decent work conditions in both the private and public sectors, as well as eradicating all forms of precarious work and setting up a committee that is in charge of preparing a draft law in order to eliminate outsourcing and to adopt legal mechanisms that would further eradicate all forms of precarious work. All these amendments are in line with more freedoms and with the rights and principles enshrined in the Constitution of Tunisia and ILO standards.

We also commend Tunisia for making use of comparative experiences and studies of neighbouring countries. We welcome Tunisia’s further reforms and its full cooperation with the ILO supervisory bodies by providing answers and clarifications and taking into account the observations of the Committee of Experts. We request the withdrawal of the case of Tunisia from the list of individual cases, taking into account the progress made by Tunisia in guaranteeing labour standards.

Government member, Türkiye – Türkiye welcomes the redefinition of the concept of essential services in Tunisian Labour Code, through social dialogue and consensus. It is an important development that this approach, adopted by social partners, resulted in the signing of agreements between employers and workers on the provision of minimum service in essential services.

We see the work initiated by the Tunisian Ministry of Social Affairs and the establishment of two committees in the execution of this work, to eliminate precarious jobs for workers in the public and private sectors, within decent working conditions, as an important step. Türkiye commends the effort of the Government to gradually change labour legislation, in order to improve the fundamental rights of workers and provide decent working conditions.

We appreciate the fact that the Government is working with the ILO, in cooperation with the social partners, to regulate trade union pluralism by defining criteria for trade union representation.

We agree with Tunisia’s views that the right to strike is not clearly included in the Convention. We recognize the importance of safeguarding the right to strike as an integral element of labour rights and principles in constitution and relevant laws.

Interpretation from Arabic: Government member, Algeria – We have listened carefully to the speech by the Tunisian Government on the implementation of the Convention. The Government has clearly indicated its determination to apply the provisions of the Convention and to work closely with the ILO, in particular to define the criteria for trade union representativeness, and its obligations. We welcome this cooperation with the supervisory bodies through the provision of information, particularly that based on the Committee of Experts’ recommendations.

We are pleased with the Government’s efforts to comply with ILO standards to strengthen fundamental labour rights and ensure decent working conditions in the public and private sectors, together with all its attempts to eradicate precarious work as a means of achieving greater social justice.

The Government has also established a committee to prepare a draft revision of the Labour Code to effectively end all forms of outsourcing. We welcome this cooperation with the ILO and the dialogue with the social partners to determine criteria for trade union pluralism, with the involvement of certain occupational associations, particularly the most representative, and we believe that this broad dialogue which will be initiated by the Government will allow us to achieve the desired result.

Tunisia is a pioneer with regard to the right to strike and establishes a number of guarantees in the 2022 Constitution, which safeguards this right and its full enjoyment. It has adopted the necessary legislation. Greater dialogue is needed with the Government to further strengthen the results achieved so far regarding social justice in Tunisia.

Interpretation from Arabic: Government member, Lebanon – Lebanon welcomes the intervention by the brotherly State of Tunisia and we would like to thank Tunisia for the report it provided regarding the implementation of the Convention. We would like to commend the efforts deployed by Tunisia and its commitment to ILO standards and to aligning its national legislation with ILO Conventions and their provisions, and with the recommendations of various ILO committees, namely this Committee and the Committee of Experts. We also welcome Tunisia’s efforts towards improving its working environment and providing justice to all social partners. This is part and parcel of Tunisia’s constructive dialogue and cooperation with the ILO in terms of determining the legal and administrative measures required to improve fundamental rights and principles at work in the public and private sectors, and guaranteeing the right to strike and freedom of association in a healthy working environment in accordance with Tunisia’s 2022 Constitution. In conclusion we welcome the progress made so far by Tunisia in establishing decent working environments and we wish it every success in its endeavours.

Interpretation from Arabic: Government member, Syrian Arab Republic – The delegation of the Syrian Arab Republic welcomes the information provided by the delegation of Tunisia. We commend Tunisia’s fulfilment of its obligations under ILO Conventions and the full implementation of the provisions of these Conventions in aligning its national legislation with ILO standards.

We also welcome Tunisia’s full cooperation with the supervisory bodies of this house by providing answers and clarifications requested, and taking into account the observations of the committees, namely the Committee of Experts. Tunisia’s gradual amendment of its labour legislation in order to guarantee the fundamental rights of workers to provide decent working environments in both the public and private sector and to eliminate all forms of precarious work should be commended and appreciated by all. In addition to that, Tunisia is deploying considerable efforts in order to achieve social justice, and this is clearly apparent by Tunisia’s early joining of the Global Coalition on Social Justice which was launched by the ILO last June. The delegation of the Syrian Arab Republic supports the stance of the Tunisian Government that is based on a spirit of consensus, cooperation and dialogue in order to reach the desired conclusion. This will reflect positively on all constituents. It will protect Tunisian national interests in line with its sovereignty, legislation and laws and would guarantee the application of ILO Conventions in line with Tunisian national legislation and in cooperation with the ILO.

Government member, Philippines – To date, Tunisia remains steadfast in its commitment to uphold its obligations towards the ILO. We take note of Tunisia’s diligent implementation of international labour Conventions, harmonization of national legislation with international labour standards, and full cooperation with the ILO supervisory bodies, evidenced through active engagement with the Committee of Experts.

We take note of the efforts being made by Tunisia in gradually amending its labour legislation to enhance workers’ fundamental rights, ensure decent working conditions, and eliminate precarious employment. It is notable that a dedicated committee is revising the Labour Code to address subcontracting and develop legal frameworks for better working conditions.

In response to observations from the Committee of Experts, Tunisia is collaborating with the ILO and social partners to regulate trade union pluralism. We take note that Tunisia consulted occupational organizations on criteria for union representation, inviting the most representative to a working session. We encourage the Government to continue the dialogue with all stakeholders with the support of the ILO.

We also take note of the efforts of Tunisia in leveraging comparative experiences by exchanging studies with neighbouring countries regarding union representation legislation. It is notable that ensuring this issue remains a priority in cooperation with the ILO, and Tunisia has requested and will benefit from technical support in this field.

Regarding the right to strike, although the Convention does not explicitly provide for this right, and its interpretation is pending before the International Court of Justice, Tunisia has been a pioneer in guaranteeing and organizing this right. The Constitution of 25 July 2022 enshrines the freedom of association and the right to strike. The Government refrains from enacting restrictive general legislation, allowing parties to exercise the right to strike freely.

Government member, Gabon – Gabon thanks Tunisia for the information it has provided to the Committee on the application of the Convention.

My country welcomes the Tunisian Government’s commitment to respecting its ILO obligations, as reflected, for example, in its full cooperation with the ILO supervisory bodies. In this regard, we appreciate the work carried out with the ILO, in consultation with the social partners, to follow up on the observations of the Committee of Experts on the matter of trade union representativeness.

We encourage the Government to renew dialogue with the social partners to resolve this matter, starting by establishing criteria for representativeness. My country requests the Office to provide the necessary technical assistance for this purpose.

We are also pleased to note that the right to strike is enshrined in article 41 of the Tunisian Constitution of 25 July 2022, which is a major achievement and demonstrates the country’s commitment to promoting fundamental labour principles and rights.

Finally, my delegation calls on the Government to continue its efforts to realize social justice, in consultation with the social partners and for the well-being of all Tunisians.

Interpretation from Arabic: Government member, Egypt – The delegation of Egypt welcomes the statement by the Government of Tunisia on the implementation of the Convention. We commend Tunisia’s renewed commitment to its international obligations and its commitment to the implementation of ILO Conventions, as well as its close cooperation with the ILO supervisory bodies.

Tunisia has gone a long way in terms of its reforms of its legislation. Tunisia is working on gradually amending its labour legislation in order to strengthen the fundamental rights of workers in both the private and public sector, as well as eliminating precarious work and employment. In this regard, Tunisia has set up a committee to revise its labour code to put an end to outsourcing. We commend Tunisia’s cooperation with the ILO in consultation with the social partners to strengthen freedom of association. We note that Tunisia has consulted occupational associations and has called for the most representative associations to take part in this dialogue that will take place soon in Tunisia.

Tunisia has made use of comparative studies and experiences of neighbouring countries when it comes to legislation on union representativeness. Tunisia has made sure that union representativeness is part and parcel of its fields of cooperation with the ILO and has priority. Tunisia has been a pioneer in terms of guaranteeing the right to strike. It has enshrined the right to strike and freedom of association in its 2022 Constitution. The Government has made sure it did not interfere in or restrict the right to strike. In conclusion, we welcome the efforts made by the State of Tunisia and we value its attempts to be in compliance with ILO standards. We hope that the Committee will take into consideration all these efforts made in Tunisia when it comes to its conclusions.

Government member, Nigeria – Nigeria wishes to lend a strong voice in support of the efforts Tunisia is making towards the implementation of the Convention and by responding to the observations of the Committee of Experts. The ILO is invited to recall that Member States give effect to ratified Conventions based on national peculiarities and development plans, which Tunisia is committed to achieving. The ILO is therefore requested to acknowledge the progress made by Tunisia and its commitment to review its laws and legislation with a view to promoting fundamental principles and rights at work, decent work for its workers, as well as upholding the tenets of social justice.

Tunisia, in this regard, may wish to request for technical assistance from the ILO, to enable it to achieve its aspirations to the effective implementation of this Convention. We enjoin Tunisia to remain committed to upholding best practice in its labour administration system, by partnering with its social partners accordingly.

Government member, Cameroon – The Tunisian Government has ratified Convention No. 87, and Conventions Nos 98 and 135. The ratification of these fundamental Conventions generally indicates a State’s commitment to ensuring respect for the basic fundamental human right of freedom in the world of work.

Given that liberty is an inalienable human right, the Government, through the Tunisian Court of Appeal, decided to release Mr Anis Kaâbi, Secretary-General of the Tunisian Motorway Association, and on 5 March 2024 the Court of Cassation overturned the decision of the indictments chamber to refer his case to the criminal chamber.

The review of a labour code requires a substantial amount of time. Indeed, in addition to consulting with all actors in the world of work, it is important to bear in mind influencing factors and developments in the modern world. Tunisia has begun the process with the aim of making progressive changes to labour law, strengthening working conditions and workers’ basic rights and eradicating all forms of precarious work by making all these rights national priorities. These efforts have resulted in the establishment of two commissions within the Cabinet and the Ministry of Social Affairs charged with drafting a Bill to amend the Labour Code to put an end to all forms of precarious work.

Convention No. 138 sets the minimum age for admission to employment at 16 years, and article 242 of the Tunisian Labour Code provides that a minor over 16 years may join a trade union unless his or her father or guardian objects. It should be noted that the legal age of majority has been standardized in Tunisian legislation at 18 years.

It is important to continue social dialogue to ensure access for foreign nationals to trade union office. We therefore urge the ILO to continue to provide close support, and we invite the Tunisian Government to increase the number of platforms for the necessary social dialogue and the relevant consultations, in order to support all stakeholders in the world of work and uphold social justice.

Interpretation from Arabic: Government member, Sudan – The Government of Sudan wishes to echo the statement here by the representative of Tunisia in reaffirming that Tunisia does indeed honour its commitments under Conventions that it has ratified, including the Convention being discussed. Convention No. 87 governs freedom of association and protection of the right to organize, and is a Convention that Tunisia honours and respects. Sudan commends Tunisia’s cooperation with the ILO supervisory mechanisms. Tunisia submits reports and information requested, and also cooperates with the Committee of Experts. We applaud the steps taken by the Government of Tunisia in modifying the Labour Code in order to enhance the fundamental rights of workers and guarantee their right to decent work. All of these measures taken together strengthen freedoms and respect for law, and they are fully in line with international labour standards. Tunisia has done more than that, it has learned from the experience of other countries. It has pooled data information with them and shared experience with them. The right to strike is at present being considered by the International Court of Justice. We would, therefore, encourage and indeed urge the ILO not to intervene in this matter but to continue to provide technical assistance to Tunisia for the handling of individual cases.

Observer, IndustriALL Global Union (IndustriALL) – I am speaking on behalf of IndustriALL, the International Transport Workers’ Federation (ITF), and the Building and Wood Workers’ International (BWI).

We are closely following developments in Tunisia and the UGTT’s struggle for genuine social dialogue and respect for freedom of association. The Government of Tunisia has been indirectly suspending the work of the National Council of Social Dialogue since 2021 by failing to appoint its own representatives to the Council.

The Government issued Circular No. 20 in 2021 which resulted in serious restrictions to the exercise of collective bargaining in the sectors, as well as the non-implementation of the agreements between the sectorial unions and the respective ministries. These restrictive measures are affecting about 40 sectorial unions. In addition, the Government has failed to implement the agreements of February 2021 and September 2022. Further, the Government started unilaterally amending the labour laws and excluded the UGTT from the discussions.

On freedom of association and on limiting trade union work, the Government has cancelled the concessions, as enshrined in the national and international agreements and Conventions on allowing workers holding a trade union position to work full time for the UGTT (full time unionists). In addition, the Government has requested the unionists to pay huge financial compensation. This is apparent in the case of Tahar Berberi, Bassam Ben Treka, and Mohamed Bedera. Tahar Berberi, who was the Vice-President of IndustriALL and is currently the Assistant General-Secretary of the UGTT for the private sector, is facing a trial and he is also banned from travelling abroad because of his union work.

In Tunisia, union leaders face dismissals and transfers from jobs because of their union work. Union leaders are subject to fabricated court cases because of their union activities, and some have been jailed. The case of brother Anis Kaâbi from the transport sector, who spent 14 months in prison, is a blatant example of such violations.

Let us also not forget the restrictions and attacks on union solidarity actions. Last year, sister Esther Lynch, the General-Secretary of ETUC was ordered by the Government to leave the country after taking part in a protest against the crackdown on trade unions and workers’ rights. Esther Lynch had travelled to Tunisia as part of a delegation of international union leaders to show solidarity with the UGTT, whose members are being subjected to a campaign of harassment by the country’s Government.

We call on the Government to implement all the signed agreements between the Government and the UGTT and social partners, end all forms of harassment of trade union leaders, respect the national and international agreements and well-established national practices on union representation.

Therefore, it is imperative for the ILO to take urgent high-level action in the country and to meet with the social partners to ensure that the rights to freedom of association and collective bargaining are respected.

Chairperson – I have the honour to give the floor to the Government representative of Tunisia, for her concluding remarks.

Interpretation from Arabic: Government representative – I would like to thank all the speakers and I note with satisfaction that most of the contributions commended the efforts made by Tunisia to develop legislation on labour and freedom of association, and to enshrine these principles in law and in practice. This reflects an interest in following Tunisia’s steady advancements towards the creation of a trade union climate that encourages dialogue.

In this respect, I wish to clarify Tunisia’s firm position on treating all persons equally and respecting judicial independence. We are all liable to judicial oversight, whether we are trade unionists or not. Being a trade unionist does not exempt a person from judicial oversight for committing acts not related to their trade union activities. The examination of these cases therefore is based on the act and not the identity of the person. These procedures are in place in all areas, including for trade union organizations. A trade unionist can be prosecuted for violating trade union rules. Can we interpret this procedure as harassing and targeting trade unionists? No, because the trade union organization is governed by laws and rules and is entitled to set up a safeguarding mechanism against any persons who cannot respect the rules. This is why the Tunisian Government guarantees the right to strike and to work on an equal footing. Judicial prosecution of persons who commit offences, such as prohibiting the freedom to work, is unrelated to violations of freedom of association but is related rather to personal freedom to work. This is why any actions taken are done so in order to prosecute acts that are prohibited under criminal law. It is necessary to clarify the difference between two situations. On the one hand, the right to organize and the right to strike, and on the other, violation of regulations and public order and the undermining of freedom to work. With regard to social dialogue, as usual, the Government held discussions with the UGTT on wage increases in 2021, 2022, 2023 and 2024 for public and private sector workers. This demonstrates the existence of social dialogue. In the same vein, we have designed 42 measures as part of a framework agreement between the Government and the trade unions. We have also reviewed various other agreements and have started negotiations on those, such as those for the textile industry and other sectors. To illustrate the existence of social dialogue in the country, I wish to present some relevant figures. In 2023, we registered 380 notifications of strikes, 215 of which were withdrawn following dialogue with the social partners through negotiation. This proves that there is social dialogue in Tunisia.

With regard to the implementation of Decree No. 21, this relates only to public institutions. This has never undermined collective bargaining in public institutions and has never imposed restrictions on trade union work. In 2023, we received 152 notifications of strikes from the UGTT in the public sector concerning Decree No. 21. We were able to withdraw 65 per cent of these notifications, which proves that this Decree has not affected bargaining and social dialogue. This Decree aims rather to guarantee the implementation of the agreements signed between the administration and the unions.

To conclude, it is worth recalling that most of the speakers at this Conference in all the committees have agreed on the changes facing the world at different levels, particularly in the world of work with the emergence of new forms of work and the impact of this on labour relations; not forgetting the impact of demographic change, migration and climate change, which will have repercussions on all societies, all workers and all institutions. These challenges require that labour legislation be observed, that decent and sustainable work, and fundamental rights and principles at work be enshrined, that precarious work models be addressed, and that social protection for all workers be ensured, in line with international labour standards. This underscores the urgent need to formulate a new social contract, particularly in the light of the significant transformations that many countries in our region are undergoing. And Tunisia, like other countries, is affected by all these transformations. Tunisia has, for example, undergone profound social and political transformations which have led to this current period of rebuilding. We are developing a vision for the State’s role and design in social prosperity. This vision includes efforts to meet people’s economic, social, health and cultural needs. In addition, it is important to mention the difficulty of the current situation and the Government’s willingness to ensure adequate social protection for vulnerable groups. This requires giving priority to social questions over others. This work involves targeting the most vulnerable groups, tackling unemployment, improving living conditions by giving citizens the resources necessary to live with dignity, thereby ensuring a human-centred and sustainable approach. We are aware of the stakes. This is why, despite the difficult situation, we were among the first to join the Global Coalition for Social Justice. This reflects our willingness to move forward to find the difficult balance between economic and social affairs in a way that serves the foundations and principles of social justice and enshrines human rights in all their dimensions. We welcome all the statements made during this meeting and the guidance that we can take into consideration in our progress towards establishing social justice. We rely heavily on the ILO’s technical support in this area.

Employer members – We would like to, once again, thank the representative of the Government of Tunisia for the information, both written and oral, but also for the commitment expressed here today to avail itself of technical assistance from the ILO in order to make progress on the challenges that we have all been talking about, and that is commendable. With regard to the observations of the Committee of Experts, the Employer members would like to recommend to the Government the following: that the Government reviews the Labour Code with a view to harmonizing it with the Convention: (i) in respect of the trade union rights of workers who are minors but have reached the age admission into employment; (ii) in respect of foreign workers’ ability to access leadership roles in trade unions after a reasonable period of residence in the country; and (iii) to ensure that questions about the representativeness of workers’ organizations are settled through clear pre-established objective criteria.

Worker members – We thank the Government for the explanations provided to our Committee. We note the observations made by the Employers concerning the right to strike. We will simply recall that we do not share this view and we refer to our position on the subject.

We invite the Government to follow up on the various points raised, both by the Committee and during our discussion today. It is fundamental that the Government ensures a climate free from intimidation, as a condition sine que non to achieve freedom of association. To give new momentum to social dialogue in the country, we invite it to accept a high-level mission.

In order to facilitate the organization of this mission, we invite the Government to ensure the presence on the ground of the representative workers’ and employers’ organizations, the ITUC and the IOE. These organizations can then assist their members in this context.

I wish to conclude by recalling that the trade union movement in Tunisia has always been part of the historical turning points of the country. Whether in the fight for independence or at other significant periods, it has always been a positive force. We invite the Government to turn to this force to build the country’s prosperity.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government and the discussion that followed.

The Committee noted with deep concern the reports of arrests, accusations, criminal prosecutions and administrative measures taken against trade unionists for carrying out activities protected under the Convention.

Taking into account the discussion, the Committee urged the Government of Tunisia, in consultation with the social partners, to:

• restore an environment conducive to the enjoyment of freedom of association free from intimidations, threats and arbitrary arrests;
• ensure that workers’ and employers’ organizations are able to organize their administration and activities and to formulate their programmes in full freedom, in accordance with the Convention;
• ensure that representatives of independent international workers’ and employers’ organizations are allowed to support their affiliates in accordance with Articles 5 and 6 of the Convention;
• ensure that the Labour Code is brought in conformity with the Convention;
• ensure that the determination of representative organizations at sectoral and enterprise level is based on clear, pre-established and objective criteria.

The Committee invited the Government to seek ILO technical assistance, if necessary, in the implementation of the above-mentioned recommendations.

The Committee requested the Government to report to the Committee of Experts on all measures taken and progress achieved in order to implement the Committee’s recommendations and on all outstanding information requested by the Committee of Experts before 1 September 2024.

Government representative – At the outset, I wish to thank the members of the Committee for their professionalism and neutrality in the examination of the various cases that have been presented and submitted during this session.

We welcome the recommendations adopted on the application of freedom of association and the right to organize. We will follow the recommendations in cooperation with the social partners. While our views may differ, we all share the same sense of national commitment; and we want to build a bridge of consensus using a dialogue of consensus that will respect the diversity of our respective roles.

In Tunisia, we all consider that dialogue should be a choice. We must act on this option, we must choose it in a renewed commitment. It must not be imposed by force. We are committed to dialogue and we consider the ILO our historical partner. It is a partner with which we have shared many concerns and many hopes, particularly that of building a better and more prosperous world of work, where human rights are widely respected based on the concept of the world of work and shared responsibilities. Hence why we wish to welcome all offers of technical assistance by this Organization, which has always stepped up whenever we needed it.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the General Federation of Tunisian Workers (UGTT) and the International Trade Union Confederation (ITUC), received on 30 August and 1 September 2023 respectively, alleging violations of trade union rights committed by the authorities. The UGTT and the ITUC allege, in particular, that there have been arrests, accusations, criminal prosecutions and administrative measures taken against trade unionists. The Committee notes with concern the arrest of the secretary-general of the trade union representing officials of the Tunisian Motorway Association (Société Tunisie Autoroutes), Mr Anis Kaâbi, in the context of an organized strike on 30 and 31 January 2023 for causing “financial loss” as a result of opening up motorway lanes free of charge during the strike. According to the UGTT, Mr Kaâbi remains in detention. The Committee requests the Government to provide its comments in response to these observations.

In its previous comment, the Committee requested the Government to provide the judgment of the Court of Appeal concerning the extraordinary non-elective congress of the UGTT. The Committee notes the Government’s indication that the complaint against the UGTT was filed by a group of trade unionists intending to annul the extraordinary non-elective congress of the UGTT and that the executive power was not involved in this decision that led to the annulment of the congress. It is an internal issue for a trade union. The Government reports that, as of 13 October 2022, the Court of Appeal of Tunis ruled in favour of approving the non-elective congress of the UGTT, thereby annulling the decision of the Court of First Instance of November 2021.

Articles 2 and 3 of the Convention. Legislative amendments. In its previous comments, the Committee urged the Government to take all the necessary measures to amend the following sections of the Labour Code:

• section 242, to ensure that minors who have reached the statutory minimum age for admission to employment (16 years under section 53 of the Labour Code) are able to exercise their trade union rights without authorization from their parent or guardian;
• section 251, to allow foreign workers access to the functions of trade union leadership, at least after a reasonable period of residence in the host country; and
• sections 376bis, 376ter, 387 and 388 concerning restrictions on the exercise of the right to strike (approval of the umbrella organization before declaring a strike; compulsory indication of the duration of the strike in the strike notification; and the possibility of imposing penalties in the event of an unlawful strike).

The Committee once again notes with deep regret that the Government has not reported any progress in bringing the legislation into conformity with the Convention and that it only indicates that a revision of the Labour Code requires consultations with the social partners, and that no legislative amendment may be made unilaterally without the participation of the organizations concerned. The Committee once again urges the Government to take the necessary measures, in response to its longstanding recommendations and in consultation with the social partners, to give full effect to the provisions of the Convention.

The Committee also requested the Government to report on the adoption of the decree provided for in section 381ter of the Labour Code (determination of the list of essential services by decree). In the absence of information provided by the Government, the Committee urges the Government to report on the adoption of the decree and to send a copy of it once it has been adopted.

Right of workers’ organizations to organize their activities and formulate their programmes without interference from the public authorities. In its previous comment, the Committee noted the decree of 26 September 2018 establishing criteria for trade union representativeness at the national level and requested the Government to specify the frequency and mechanism for measuring trade union membership for the purpose of appointing members of the National Social Dialogue Council. The Committee also requested the Government to engage in inclusive consultations with all workers’ and employers’ organizations concerned to ensure that the determination of representative organizations at sectoral and enterprise level is also based on clear, pre-established and objective criteria. The Committee notes the Government’s indication that, in accordance with section 39 of the Labour Code, in the event of a disagreement regarding the greater representativity of one or several trade union organizations, the issue is settled by order of the secretary of State for young persons, sports and social affairs further to the opinion of the National Social Dialogue Council and is not subject to any specific timeframe. The Committee notes the Government’s indication that, pending consensus among the workers’ and employers’ organizations represented on the National Social Dialogue Council, section 39 has not yet been amended. The Committee once again requests the Government to indicate all measures taken to ensure that the determination of the representative organizations at sectoral and enterprise level is based on clear, pre-established and objective criteria, and it trusts that such criteria will be agreed upon in the very near future following consultations with all concerned workers’ and employers’ organizations.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2022, which contain allegations of interference in trade union activities concerning: (i) the annulment by the Tunis Court of First Instance in December 2021 of the decision of the National Council of the General Federation of Tunisian Workers (UGTT) to convene an extraordinary non-elective congress, and (ii) infringements of the right to strike in the public broadcasting sector, with the large-scale deployment of police forces and the conduct of interrogations. The Committee notes the Government's reply, dated 28 October 2022, which states in this respect that the UGTT has appealed against the decision of the court of first instance, and that the police forces were deployed solely to ensure the maintenance of public order. The Committee also notes the Government’s reply to the observations made by the ITUC in 2018 concerning allegations of intimidation and threats against the UGTT. The Committee notes the Government’s indication that it has not officially received any complaints in this regard from the UGTT, nor have such allegations been raised in meetings with its members, during collective bargaining or in meetings of the National Social Dialogue Council (CNDS). In view of the above, the Committee recalls the obligation under the Convention for States to ensure that trade union leaders and members can conduct their activities without hindrance in a climate free from violence, pressure and threats of any kind. With reference to the annulment of the extraordinary non-elective Congress of the UGTT, the Committee requests the Government to provide the judgment of the Court of Appeal as soon as it is available.

Articles 2 and 3 of the Convention. Legislative amendments. The Committee notes with deep regret that the Government has not reported any progress in bringing the legislation into conformity with the Convention and that it only repeats the explanations already supplied in response to the Committee's long-standing recommendations. The Committee is bound to recall below its main recommendations and once again urges the Government to take all the necessary measures to give full effect to the provisions of the Convention:

• (i)Right of workers, without distinction whatsoever, to establish and join organizations. The Committee urges the Government to take the necessary measures to amend section 242 of the Labour Code to ensure that minors who have reached the statutory minimum age for admission to employment (16 years under section 53 of the Labour Code) are able to exercise their trade union rights without authorization from their parent or guardian.
• (ii)Right of organizations to elect their representatives in full freedom. The Committee urges the Government to take the necessary measures to amend section 251 of the Labour Code to allow foreign workers access to the functions of trade union leadership, at least after a reasonable period of residence in the host country.
• (iii)Right of workers’ organizations to organize their activities and formulate their programmes. The Committee urges the Government to take the necessary measures to amend the following sections of the Labour Code concerning restrictions on the exercise of the right to strike: section 376bis (approval of the central workers’ confederation before declaring a strike); section 376ter (compulsory indication of the duration of the strike in the strike notification); and sections 387 and 388 (possibility of imposing penalties in the event of an unlawful strike). With regard to section 381ter of the Labour Code (determination of the list of essential services by decree), the Committee once again requests the Government to indicate whether the decree provided for by this section has been adopted.

Right of workers’ organizations to organize their activities and formulate their programmes without interference from the public authorities. The Committee notes the adoption of the decree of 26 September 2018 establishing criteria for trade union representativeness at the national level, which include: (i) the number of union members up to the end of 2017; (ii) the date of the last electoral congress of the trade union organization; (iii) the number of sectoral structures of the trade union organization and the nature of its activity; and (iv) the number of local and regional structures of the organization concerned. The Committee notes the Government's indication that, pursuant to this decree, the minister for social affairs has designated the following organizations as the most representative at national level for the appointment of members of the CNDS, namely: the UGTT for workers' organizations; the Tunisian Confederation of Industry, Commerce and Handicrafts (UTICA), for employers' organizations in the non-agricultural sector; and the Tunisian Federation of Agriculture and Fisheries (UTAP), for employers' organizations in the agricultural sector. Observing that trade union representativeness was determined by taking into account the number of members at the end of 2017, the Committee requests the Government to specify in its next report the frequency and mechanism for measuring trade union membership for the purpose of appointing members of the CNDS.In addition, the Committee, like the Committee on Freedom of Association in Case No. 2994 (400th Report, November 2022, paragraph 70) requests the Government to engage in inclusive consultations with all workers’ and employers’ organizations concerned to ensure that the determination of representative organizations at sectoral and enterprise level are also based on clear, pre-established and objective criteria. The Committee requests the Government to provide information on all measures taken in this regard.

[The Government is asked to reply in full to the present comments in 2023.]

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2018. It requests the Government to respond in this respect. Recalling the serious allegations previously received from the ITUC concerning intimidation and threats made through anonymous calls to the Tunisian General Labour Union (UGTT) and its leaders, and in the absence of a reply on this matter, the Committee urges the Government to indicate without delay any investigation launched and any measures taken for the protection of the UGTT leaders so that the trade union can conduct its activities without any obstacles.

Articles 2 and 3 of the Convention. Legislative amendments. In its previous comments, the Committee noted the Government’s indication that it was exploring the possibility of bringing certain provisions of the Labour Code into conformity with the Convention, as requested by the Committee. In this regard, the Committee notes with regret that the Government essentially provides explanations already supplied in its previous reports in response to the recommendations to make amendments. The Committee is therefore bound to reiterate its recommendations and urges the Government to take all the necessary steps in this regard to give full effect to the Convention.

Right of workers, without distinction whatsoever, to establish and join organizations. The Committee previously requested the Government to take the necessary measures to amend section 242 of the Labour Code, which provides that minors aged 16 years and over may belong to trade unions, if there is no opposition from their parent or guardian. The Committee notes that the Government once again reiterates that the protection put in place is only prompted by legal considerations relating to the exercise of authority by the parent or guardian, in accordance with section 93 bis of the Code of Obligations and Contracts. The Government reiterates that section 242 of the Labour Code has not been challenged by the representative organization of workers. The Committee is bound to recall once again that any distinction involving parental consent with regard to trade union membership when minors have attained the age of employment is contrary to Article 2 of the Convention. The Committee therefore once again requests the Government to take the necessary measures to amend section 242 of the Labour Code to ensure that minors who have reached the statutory minimum age for admission to employment (16 years under section 53 of the Labour Code) are able to exercise their trade union rights without authorization from their parent or guardian.

Right of organizations to elect their representatives in full freedom. The Committee previously requested the Government to take the necessary measures to amend section 251 of the Labour Code so as to guarantee the right of workers’ organizations to elect their representatives in full freedom, including from among foreign workers at least after a reasonable period of residence in the country. It notes the Government’s reiteration that this is by no means a restriction on the right to organize of foreign nationals, who may freely join trade unions and exercise all the related rights. The Government nevertheless confirms that foreign nationals may not hold office in trade unions. The Committee is bound to recall that, in accordance with Article 3 of the Convention, national legislation must allow foreign workers access to the functions of trade union leadership, at least after a reasonable period of residence in the host country, and it once again requests the Government to take the necessary steps to amend section 251 of the Labour Code as indicated above.

Right of workers’ organizations to organize their activities and formulate their programmes. The Committee previously asked the Government to amend sections 376 bis(2), 376 ter, 381 ter, 387 and 388 of the Labour Code. The Committee notes the Government’s reiteration that the provisions in question are intended to allow employers to be informed of strikes and to engage in conciliation procedures with a view to preventing the dispute, and that the penalties set forth seek to avoid any anarchical recourse to strike action, which might jeopardize the future of the enterprise, the social climate or the interests of the country. As regards the penalties to which strikers are liable in the event of an illegal strike, the Government indicates that it is for the court to assess the seriousness of the offences committed and that it has full discretion to hand down a simple fine instead of a prison sentence. The Committee requests the Government to review these provisions in consultation with the social partners concerned with a view to their possible amendment and to provide information on any measures taken in this regard.

With regard to section 376 bis(2) of the Labour Code, the Government specifies that during the consultations conducted in 1994 and 1996 on the Labour Code reform, the representative organizations of employers and workers indicated that they wished to maintain this provision which, in their opinion, would allow the umbrella organization to always be informed prior to any strike or lockout, with a view to a more effective settlement of the dispute. The Government adds that the first-level trade unions often insist on the intervention of an umbrella organization to consolidate the exercise of the right to strike. In this regard, the Committee considers it useful to recall that the requirement to obtain the approval of a higher-level trade union organization prior to a strike would not in itself constitute a restriction on the freedom of the trade unions concerned to organize their activities if this requirement was the result of the free choice of the trade unions concerned, for example if it was set out in the constitution of the umbrella organization to which these trade unions freely adhered. However, the Committee is of the opinion that the existence of such a requirement in the national legislation, as in the present case, constitutes a violation of Article 3 of the Convention. The Committee therefore urges the Government to take the necessary steps to amend section 376 bis(2) of the Labour Code to bring it into line with the principle recalled above.

With regard to its previous comments on section 381 ter of the Labour Code, the Committee notes the Government’s reply indicating that the definition of essential services contained in this section, which takes up that of the ILO supervisory bodies, and the consensual approach used to determine minimum services with the social partners, has always made it possible to avoid the recourse to arbitration that is provided for. The Committee once again requests the Government to indicate whether the decree provided for by this section of the Labour Code has been adopted.

Right of workers’ organizations to organize their activities and formulate their programmes without interference from the public authorities. The Committee notes the adoption of Act No. 2017-54 of 24 July 2017 establishing the National Council for Social Dialogue and its mandate and mode of operation. The Committee also notes the Government’s indication that, in order to facilitate the nomination of the members of the Council, the Ministry of Labour is taking steps towards adopting a decree establishing criteria for trade union representativeness at the national level. These criteria include: (i) the number of union members up to the end of 2017; (ii) the date of the last electoral congress; (iii) the sectoral structures and their nature; and (iv) the local and regional structures. The Government adds that it will inform the Office of the adoption of this decree, which will make it possible to designate the most representative organization at the national level which will be represented within the National Council for Social Dialogue. While noting this tangible progress towards determining criteria for trade union representativeness which it has been requesting the Government to do for a number of years, the Committee nevertheless emphasizes that its comments also emphasized the need for the Government to engage in inclusive tripartite consultations in this regard, namely in a context which encompasses all the organizations concerned by this issue. The Committee also notes that, under section 8 of Act No. 2017-54, the general assembly of the Council is composed of an equal number of representatives from the Government, the most representative workers’ and employers’ organizations in both the agricultural and non-agricultural sectors. The Committee understands this to mean that social partnerships will involve most representative trade unions and organizations of employers in the country, according to the results of elections to be held on the basis of the criteria for representativeness adopted in the government decree. The Committee requests the Government to provide details of any new developments in this regard, to indicate the tripartite consultations held regarding the criteria for representativeness, to send a copy of the government decree when it has been adopted, and to provide information, if applicable, on the composition of the National Council for Social Dialogue.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received in 2013 and 2014, as well as those received on 1 September 2015. The Committee notes that these observations mainly concern legislative issues that have already been raised by the Committee, but also acts of intimidation and threats made through anonymous calls to the Tunisian General Labour Union (UGTT) and its leaders. While noting the reply that the Government provided in 2014 on certain legislative issues, the Committee urges the Government to provide its comments on the serious allegations of threats against the UGTT and to indicate any measures taken to protect its leaders so that the union can carry out its activities without hindrance. The Committee also notes the observations of the International Organisation of Employers (IOE), received on 1 September 2015, which are of a general nature.

Articles 2 and 3 of the Convention. Legislative amendments. The Committee previously expressed the hope that in the framework of the legislative reforms that were to accompany the adoption of a new Constitution, the issues that had been raised in its comments for many years would be taken into account. The Committee notes that, in its 2014 and 2015 reports, the Government indicates that the new Tunisian Constitution, adopted on 26 January 2014, establishes the right to organize and that it is now exploring the possibility of bringing certain provisions of the Labour Code into conformity with the Convention. In this regard, while noting the explanations provided on certain provisions that had been addressed in its comments, the Committee is bound to remind the Government of the need to amend the following provisions of the Labour Code to give full effect to the Convention.

Right of workers, without distinction whatsoever, to establish and join organizations. The Committee previously requested the Government to take the necessary measures to amend section 242 of the Labour Code, which provides that minors aged 16 years and over may belong to trade unions, if there is no opposition from their parent or guardian. The Committee notes that the Government once again reiterates that the protection put in place is prompted by legal considerations relating to the exercise of authority by the parent or guardian, in accordance with section 93bis of the Code of Obligations and Contracts. The Government also reiterates that section 242 of the Labour Code has not been challenged by the representative organization of workers. The Committee is bound to recall once again that any distinction on the basis of age with regard to trade union membership is contrary to Article 2 of the Convention. The Committee therefore once again requests the Government to take the necessary measures to amend section 242 of the Labour Code to ensure that minors who have reached the statutory minimum age for admission to employment (16 years under section 53 of the Labour Code) are able to exercise their trade union rights without authorization from their parent or guardian.

Right of organizations to elect their representatives in full freedom. The Committee previously requested the Government to take the necessary measures to amend section 251 of the Labour Code so as to guarantee the right of workers’ organizations to elect their representatives in full freedom, including from among foreign workers at least after a reasonable period of residence in the country. It notes the Government’s reiteration that this is by no means a restriction on the right to organize of foreign nationals, who may freely join trade unions and exercise all the related rights. The Government nevertheless confirms that foreign nationals may not hold office in trade unions. The Committee is bound to recall that, in accordance with Article 3 of the Convention, national legislation must allow foreign workers access to the functions of trade union leadership, at least after a reasonable period of residence in the receiving country, and it once again requests the Government to take the necessary measures to amend section 251 of the Labour Code as indicated above.

Right of workers’ organizations to organize their activities and formulate their programmes. The Committee previously requested the Government to take the necessary measures to amend sections 376bis(2), 376ter, 381ter, 387 and 388 of the Labour Code. The Committee notes the Government’s reiteration that the provisions in question are intended to allow employers to be informed of strikes and to engage in conciliation procedures with a view to preventing the dispute, and that the penalties set forth seek to prevent any anarchical recourse to strike action, which might jeopardize the future of the enterprise, the social climate or the interests of the country. With regard to the penalties to which strikers are liable in the event of an illegal strike, the Government indicates that it is for the court to assess the severity of the offences committed and that it has full discretion to hand down a simple fine instead of a prison sentence. The Committee requests the Government to review these provisions in consultation with the social partners concerned with a view to their possible amendment and to report any measures taken in this regard.

With regard to section 376bis(2) of the Labour Code, the Government specifies that during the consultations conducted in 1994 and 1996 on the Labour Code reform, the representative organizations of employers and workers indicated that they wished to maintain this provision which, in their opinion, would allow the umbrella organization to always be informed prior to any strike or lockout, with a view to a more effective settlement of the dispute. The Government adds that the first-level trade unions often insist on the intervention of an umbrella organization to consolidate the exercise of the right to strike. In this regard, the Committee considers it useful to recall that the requirement to obtain the approval of a higher-level trade union organization prior to a strike would not in itself constitute a restriction on the freedom of the trade unions concerned to organize their activities if this requirement was the result of the free choice of the trade unions concerned, for example if it was set out in the statutes of the umbrella organization to which these trade unions freely adhered. However, the Committee is of the opinion that the existence of such a requirement in the national legislation, as in the present case, constitutes a violation of Article 3 of the Convention. The Committee therefore urges the Government to take the necessary measures to amend section 376bis(2) of the Labour Code to bring it into line with the principle recalled above.

With regard to its previous comments on section 381ter of the Labour Code, the Committee notes the Government’s reply indicating that the definition of essential services contained in this section, which takes up that of the ILO supervisory bodies, and the consensual approach used to determine minimum services with the social partners, have always made it possible to avoid the recourse to arbitration that is provided for. The Committee requests the Government to indicate whether the decree provided for by this section of the Labour Code has been adopted.

Right of workers’ organizations to organize their activities and formulate their programmes without interference from the public authorities. With regard to the determination of the representativeness of the trade unions and the development, for this purpose, of objective criteria to determine the representativeness of the social partners in accordance with section 39 of the Labour Code, the Committee notes the information on the technical assistance provided by the Office in this regard, and particularly the organization of a tripartite technical meeting on trade union representativeness held in January 2014. The Committee further notes the Government’s indication that a national tripartite committee chaired by the Minister of Social Affairs has met on several occasions to discuss this issue and that the Office continues to provide assistance through the preparation of a comparative study. The Committee trusts that this technical assistance will promptly lead to the determination, in the framework of inclusive tripartite consultations, of objective criteria for trade union representativeness, and it encourages the Government to continue providing detailed information on this subject.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the comments made by the International Organisation of Employers (IOE) on the right to strike, in a communication dated 29 August 2012, which are dealt with in the General Report of the Committee. It also notes the comments from the International Trade Union Confederation (ITUC) dated 31 July 2012, referring to issues of a legislative nature already raised by the Committee, as well as to infringements of trade union rights in practice, specifically obstacles to journalists’ trade union activities. The Committee requests the Government to provide its observations in reply to the ITUC’s comments.

In its last observation, the Committee noted the election of a Constituent Assembly on 23 October 2011, with the mandate, inter alia, to draw up a new Constitution, and hoped that, as part of the legislative reform movement that should accompany the adoption of a new Constitution, the issues which had been the subject of its comments for many years would be taken into account. In this respect, the Committee notes with regret that the Government does not refer in its report to the progress made in amending the legislation. It therefore feels bound to reiterate the comments it has been making for a number of years.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations of their own choosing. As regards the request for information concerning the way in which the Government ensures that magistrates enjoy the guarantees afforded by the Convention, the Committee notes that, according to the Government, magistrates established an independent trade union grouping more than 1,200 magistrates within the judiciary on 18 March 2011; the magistrates of administrative courts have initiated a process to establish their own trade union.

As regards its request concerning the need to amend section 242 of the Labour Code, which stipulates that minors aged 16 years and over may belong to trade unions, if there is no opposition from their father or guardian, the Committee notes the Government’s statement that, as the age of majority was reduced from 20 to 18 years in 2010, this is only an issue for minors aged between 16 and 18 years; the protection put in place is prompted by legal considerations connected to the parent’s or guardian’s exercise of authority in accordance with section 93bis of the Code of obligations and contracts. The Government also points out that the provisions of section 242 of the Labour Code have not given rise to any objections or problems in practice. Recalling the need to guarantee that minors having reached the statutory minimum age for employment (16 years according to section 53 of the Labour Code) should be able to exercise their trade union rights without authorization from their parent or guardian, the Committee urges the Government to amend section 242 of the Labour Code in this respect.

Article 3. Right of workers’ organizations to organize their activities and formulate their programmes without interference from the public authorities. As regards the question of determining the representativeness of trade unions in the higher education sector, the Committee notes that, in the context of Case No. 2592 of the Committee on Freedom of Association (358th Report), the Government stated that it had taken steps to develop objective criteria to determine the representativeness of the social partners pursuant to section 39 of the Labour Code. The Government had indicated that in the event of disputes concerning trade union representativeness, it was the number of members which determined representativeness for the purposes of collective bargaining in the absence of pre established criteria. The Committee requests the Government to provide information on the steps it states it has taken and their outcome.

Right of organizations to elect their representatives in full freedom. As regards its observation on the need to amend section 251 of the Labour Code so as to guarantee that workers’ organizations have the right to elect their representatives in full freedom, including from among foreign workers, at least after a reasonable period of residence in the country, the Committee notes the Government’s indication that section 263 of the Labour Code enshrines the principle of equal treatment between foreign and national workers and that approval by the public authorities of the appointment or election of foreign workers to an administrative or managerial position within a trade union is merely an administrative control of their eligibility, ascertaining that the foreign worker has lived for a reasonable length of time in the country. The Government points out, moreover, that there has never been recourse to this requirement and that the employers’ and workers’ organizations have never made comments concerning its application. Notwithstanding this fact, the Committee feels bound to request the Government once again to amend section 251 of the Labour Code to ensure that the principle recalled above be respected both in law and in practice.

Right of workers’ organizations to organize their activities and formulate their programmes. The Committee recalls that it has been making comments for a number of years on certain restrictions to the right to strike, which include: approval of the central workers’ confederation before declaring a strike (section 376bis(2) of the Labour Code); compulsory indication of the duration of the strike in the strike notification (section 376ter of the Labour Code); determination of the list of essential services by decree (section 381ter of the Labour Code); and the possibility of imposing penalties in the event of an unlawful strike (sections 387–388 of the Labour Code). The Committee notes the Government’s statement in its report to the effect that: section 376bis(2) of the Labour Code does not raise any problems in practice and the workers’ organizations have not made any observations on its application; no time limits are established in section 376ter of the Labour Code, and the organizers of the strike are entirely free to choose the duration of the strike and to continue it as they wish; the decree referred to in the last paragraph of section 381ter has not yet been adopted; the imposition of penalties provided for under section 388 of the Labour Code is contingent upon the court’s assessment and the level of severity of the offences. The Committee requests the Government to take the necessary measures in the near future to amend these sections of the Labour Code to guarantee respect of the principles of freedom of association to which it has been referring for many years.

The Committee requests the Government to provide information in its next report on progress made in amending the legislation. It reminds the Government that it may avail itself of technical assistance from the Office with regard to these issues.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the comments dated 4 August 2011 from the International Trade Union Confederation (ITUC) concerning the application of the Convention.

The Committee is also informed of the establishment of the Tunisian General Confederation of Labour (CGTT), for which it had been requesting recognition, as did the Committee on Freedom of Association (Case No. 2672), for several years.

The Committee also notes that a constituent assembly was elected on 23 October 2011 with the mandate, inter alia, to draw up a new Constitution. In this context, the Committee hopes that, as part of the legislative reform movement which should accompany the adoption of a new Constitution, the issues which have been the subject of its comments for many years will be taken into account in order to ensure that the Tunisian legislation is in full conformity with the Convention.

In this regard, the Committee recalls that these questions concerned the following points.

Article 2 of the Convention:

• -the need to ensure that magistrates enjoy the guarantees afforded by the Convention;
• -the need to amend section 242 of the Labour Code in order to guarantee that the minimum age for joining a trade union is the same as the age for admission to employment as determined in the Labour Code (16 years in accordance with section 53 of the Labour Code).

Article 3:

• -the question of determining the representativeness of trade unions in the higher education sector;
• -the need to amend section 251 of the Labour Code so as to ensure that workers’ organizations have the right to elect their representatives in full freedom, including from among foreign workers, at least after a reasonable period of residence in the country;
• -the need to repeal section 376bis of the Labour Code so as to guarantee that workers’ organizations, irrespective of their level, can organize their activities in full freedom with a view to furthering and defending the interests of their members;
• -the need to amend section 376ter of the Labour Code so as to remove any legal requirement to specify the duration of a strike so as to guarantee that workers’ organizations can call a strike of unlimited duration if they so wish;
• -the possibility of deleting the last subsection of section 381ter of the Labour Code, which provides that the list of essential services shall be fixed by decree; the Committee considers that it would not be desirable – or even possible – to attempt to draw up a complete and fixed list of services which can be considered as essential (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 159);
• -the need to amend section 387 of the Labour Code taking account of the principle whereby sanctions for strike action should be possible only where the prohibitions breached are in conformity with the Convention (see General Survey, op. cit., paragraph 177); however, the requirement to obtain the approval of the trade union federation before declaring a strike, under the terms of section 376bis of the Labour Code, is not in conformity with Article 3 of the Convention;
• -the need to review the penalties laid down by section 388 of the Labour Code, under which any person who has participated in an unlawful strike is liable to a sentence of imprisonment; in this regard, the Committee recalls that no criminal penalty should be imposed against a worker for having carried out a peaceful strike and, therefore, measures of imprisonment should not be imposed on any account; that such penalties can be envisaged only where, during a strike, violence against persons or property or other serious criminal offences of rights have been committed, and can be imposed pursuant to legislation punishing such acts, especially the Penal Code.

The Committee requests the Government to provide information in its next report on progress made with regard to bringing the national legislation, especially the Labour Code, into conformity with the provisions of the Convention. It reminds the Government that it may avail itself of technical assistance from the Office with regard to these issues.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee noted the observations concerning harassment and intimidation of members of the Tunisian Magistrates’ Association (AMT). The Committee noted that the Government had not provided information concerning the situation of the AMT. It recalls that the standards set out in the Convention apply to magistrates, who should be able to establish organizations of their own choosing to further and defend the interests of their members. The Committee requests the Government to provide information on the manner in which it ensures that magistrates enjoy the guarantees afforded by the Convention.

With regard to the observations concerning the recognition of a union of university teaching staff, the Government indicates that it has always given priority to dialogue and adds that certain unions covering higher education personnel have encountered internal organizational problems, and refers in this respect to the establishment of a General Federation of Higher Education and Scientific Research (FGESRS), which was challenged in the courts by first-level unions, which in turn founded an independent union. The Committee further notes that, in its reply in November 2008, the Government denies any discrimination against teaching personnel on grounds of their trade union membership and activities. Finally, the Government indicated that the FGESRS had been constantly present in the delegation of the UGTT for the negotiation of its claims with the Government in 2007 and 2008. The Committee further noted the conclusions and recommendations of the Committee of Freedom of Association concerning a complaint presented by the above Federation (see Case No. 2592, 350th Report). The Committee requests the Government to indicate in its next report any development relating to the determination of the representativeness of trade union organizations in the higher education sector.

With regard to the refusal to recognize a new trade union confederation, namely the Tunisian General Confederation of Labour (CGTT), the Committee noted the Government’s reply, in which it confined itself to recalling that the formalities of depositing the statutes of a trade union organization are carried out without the intervention of the Ministry of the Interior and accordingly rebuts the ITUC’s comments. The Committee trusts that, in so far as the formalities required by the law are fulfilled, there will be a favourable and expeditious response to the request for the registration of the CGTT.

Legislative changes. The Committee recalled that for many years it has been making comments concerning provisions of the Labour Code that are not in conformity with the Convention. The Committee noted in this respect that, in its brief report, the Government indicated that the possibility is being examined of bringing the provisions upon which the Committee had commented into conformity. The Committee recalls that these provisions relate to the following points.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations of their own choosing. Section 242 of the Labour Code. The Committee recalls that the minimum age for joining a trade union should be the same as the age for admission to employment as determined in the Labour Code (16 years in accordance with section 53 of the Labour Code) and that there should be no requirement for authorization by parents or guardians. It requests the Government to amend section 242 of the Labour Code to that effect.

Article 3. Right of organizations to elect their representatives in full freedom. Section 251 of the Labour Code. With regard to this provision, under which foreign nationals may have access to administrative or executive posts in a trade union provided that they have obtained the approval of the Secretary of State for Youth, Sport and Social Affairs, the Committee recalls that the imposition of such conditions on foreign nationals amounts to interference by the public authorities in the internal affairs of a trade union, which is inconsistent with Article 3 of the Convention. The Committee requests the Government to amend section 251 of the Labour Code so as to ensure that workers’ organizations have the right to elect their representatives in full freedom, including from among foreign workers, at least after a reasonable period of residence in the country.

Article 3. Right of workers’ organizations to organize their activities and formulate their programmes in full freedom. (a) Section 376bis(2) of the Labour Code. The Committee has been recalling for many years that the requirement for a first-level union to obtain the approval of the central workers’ confederation before declaring a strike, under the terms of section 376bis(2) of the Labour Code, is inconsistent with the Convention. The Committee emphasizes that a legislative provision which requires the prior approval of the trade union confederation for a strike is an impediment to the freedom of choice of first-level organizations to exercise the right to strike. Such a restriction could only be envisaged if it is included voluntarily in the statutes of the trade unions concerned, and not imposed by law. The Committee requests the Government to repeal subsection 2 of section 376bis of the Labour Code so as to guarantee that worker’s organizations, irrespective of their level, can organize their activities in full freedom with a view to furthering and defending the interests of their members, in accordance with Article 3 of the Convention.

(b) Section 376ter of the Labour Code. With regard to this provision, which requires the strike notification to provide an indication of the duration of the strike, the Committee requests the Government to amend section 376ter of the Labour Code so as to remove any legal requirement to specify the duration of a strike and to guarantee that workers’ organizations can call a strike of unlimited duration if they so wish.

(c) Section 381ter of the Labour Code. With regard to essential services, the list of which is determined by decree under the terms of section 381ter of the Labour Code, the Committee requests the Government to indicate whether the decree in question has been adopted and, if so, to provide the list of essential services as determined.

(d) Sections 387 and 388 of the Labour Code. In its previous observations, the Committee criticized the following provisions: (a) the imposition of the penalties established by section 388 of the Labour Code, under which any person who has participated in an unlawful strike is liable to a sentence of imprisonment of from three to eight months and a fine of from 100 to 500 dinars, depends on the assessment by the criminal court of the gravity of the offences concerned; (b) section 387 of the Labour Code, according to which any strike called in breach of the provisions on conciliation and mediation, notice and mandatory approval by the central organization (this point relating to section 376bis of the Labour Code is also the subject of comments by the Committee) shall be deemed unlawful; and (c) section 53 of the Penal Code, under which the courts can impose a lesser penalty than the minimum established in section 388, or commute a prison sentence to a fine. The Committee recalls that no penal sanction should be imposed against a worker for having carried out a peaceful strike and, therefore, measures of imprisonment should not be imposed on any account. Such sanctions could be envisaged only where during a strike, violence against persons or property or other serious infringements of rights have been committed, and can be imposed pursuant to legislation punishing such acts. Nevertheless, even in the absence of violence, if the strike modalities had the effect of making the strike illegitimate, proportionate disciplinary sanctions may be imposed against strikers. The Committee requests the Government to amend sections 387–388 of the Labour Code taking into account the abovementioned principle.

Recalling that its comments have been made for many years, the Committee trusts that the Government’s next report will indicate significant progress in bringing the Labour Code into conformity with the requirements of the Convention. It also recalls that the Government can request the Office’s technical assistance on these matters.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Finally, the Committee notes the comments of the ITUC, dated 24 August 2010, concerning the application of the Convention, in particular, serious allegations of anti-union attacks. The Committee recalls that freedom of association can only be exercised in conditions in which fundamental human rights are fully respected and guaranteed. The Committee regrets that the Government has not responded to these allegations despite their seriousness and requests the Government to provide its observations in this respect.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

In its previous observation, the Committee noted the comments made by the International Confederation of Free Trade Unions (ICFTU), dated 10 August 2006, which referred, inter alia, to the risk of prejudice to the right to strike, which had already been raised by the Committee, as well as cases of assault and violence against strikers, harassment and intimidation of members of the Tunisian Magistrates’ Association (AMT) and the Union of Tunisian Journalists (SJT). The Committee further notes the comments, dated 29 August 2008, of the International Trade Union Confederation (ITUC) relating to legislative matters already raised by the Committee and violations of the Convention in practice, including interference by the authorities to prevent trade union organizations from communicating concerning their activities, the closure of premises of Tunisian General Labour Union (UGTT) and the refusal to recognize a new trade union confederation. The Committee notes the Government’s replies received in November 2006 and November 2008.

With regard to the observations concerning harassment and intimidation of members of the AMT and the SJT, the Government indicates that the founders of the SJT did not discharge the depository formalities required by the Labour Code for the establishment of the union and cannot therefore claim the legal existence of the union. In its reply of November 2008, the Government adds that the SJT has been reconstituted since September 2007 under the name of the National Union of Tunisian Journalists (SNJT), and that the latter now organizes its activities fully and freely, that it is finally autonomous and independent of the UGTT. The Committee notes that the Government has not provided information concerning the situation of the AMT. It recalls that the standards set out in the Convention apply to magistrates, who should be able to establish organizations of their own choosing to further and defend the interests of their members. The Committee requests the Government to provide information on the manner in which it ensures that magistrates enjoy the guarantees afforded by the Convention.

With regard to the observations concerning the recognition of a union of university teaching staff, the Government indicates that it has always given priority to dialogue and adds that certain unions covering higher education personnel have encountered internal organizational problems, and refers in this respect to the establishment of a General Federation of Higher Education and Scientific Research (FGESRS), which was challenged in the courts by first-level unions, which in turn founded an independent union. The Committee further notes that, in its reply in November 2008, the Government denies any discrimination against teaching personnel on grounds of their trade union membership and activities. Finally, the Government indicates that the FGESRS has been constantly present in the delegation of the UGTT for the negotiation of its claims with the Government in 2007 and 2008. The Committee further notes the conclusions and recommendations of the Committee of Freedom of Association concerning a complaint presented by the above Federation (see Case No. 2592, 350th Report). The Committee requests the Government to indicate in its next report any development relating to the determination of the representativeness of trade union organizations in the higher education sector.

With regard to the refusal to recognize a new trade union confederation, namely the Tunisian General Confederation of Labour (CGTT), the Committee notes the Government’s reply, in which it confines itself to recalling that the formalities of depositing the statutes of a trade union organization are carried out without the intervention of the Ministry of the Interior and accordingly rebuts the ITUC’s comments. The Committee trusts that, insofar as the formalities required by the law are fulfilled, there will be a favourable and expeditious response to the request for the registration of the CGTT.

The Committee regrets to note that the Government has not provided any information concerning the observations made by the ICFTU in 2006 concerning cases of aggression against trade unionists and violence against strikers, or the ITUC’s observations of 2008 concerning the closure of premises of the CGTT. In this respect, the Committee recalls that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected.

Legislative changes. The Committee recalls that for many years it has been making comments concerning provisions of the Labour Code that are not in conformity with the Convention. The Committee notes in this respect that, in its brief report, the Government indicates that the possibility is being examined of bringing the provisions upon which the Committee has commented into conformity. The Committee recalls that these provisions relate to the following points.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations of their own choosing. Section 242 of the Labour Code. The Committee recalls that the minimum age for joining a trade union should be the same as the age for admission to employment as determined in the Labour Code (16 years in accordance with section 53 of the Labour Code) and that there should be no requirement for authorization by parents or guardians. It requests the Government to amend section 242 of the Labour Code to that effect.

Article 3. Right of organizations to elect their representatives in full freedom. Section 251 of the Labour Code. With regard to this provision, under which foreign nationals may have access to administrative or executive posts in a trade union provided that they have obtained the approval of the Secretary of State for Youth, Sport and Social Affairs, the Committee recalls that the imposition of such conditions on foreign nationals amounts to interference by the public authorities in the internal affairs of a trade union, which is inconsistent with Article 3 of the Convention. The Committee requests the Government to amend section 251 of the Labour Code so as to ensure that workers’ organizations have the right to elect their representatives in full freedom, including from among foreign workers, at least after a reasonable period of residence in the country.

Article 3. Right of workers’ organizations to organize their activities and formulate their programmes in full freedom. (a) Section 376bis(2) of the Labour Code. The Committee has been recalling for many years that the requirement for a first-level union to obtain the approval of the central workers’ confederation before declaring a strike, under the terms of section 376bis(2) of the Labour Code, is inconsistent with the Convention. The Committee emphasizes that a legislative provision which requires the prior approval of the trade union confederation for a strike is an impediment to the freedom of choice of first-level organizations to exercise the right to strike. Such a restriction could only be envisaged if it is included voluntarily in the statutes of the trade unions concerned, and not imposed by law. The Committee requests the Government to repeal subsection 2 of section 376bis of the Labour Code so as to guarantee that worker’s organizations, irrespective of their level, can organize their activities in full freedom with a view to furthering and defending the interests of their members, in accordance with Article 3 of the Convention.

(b) Section 376ter of the Labour Code. With regard to this provision, which requires the strike notification to provide an indication of the duration of the strike, the Committee requests the Government to amend section 376ter of the Labour Code so as to remove any legal requirement to specify the duration of a strike and to guarantee that workers’ organizations can call a strike of unlimited duration if they so wish.

(c) Section 381ter of the Labour Code. With regard to essential services, the list of which is determined by decree under the terms of section 381ter of the Labour Code, the Committee requests the Government to indicate whether the decree in question has been adopted and, if so, to provide the list of essential services as determined.

(d) Sections 387 and 388 of the Labour Code. In its previous observations, the Committee noted that: (a) the imposition of the penalties established by section 388 of the Labour Code, under which any person who has participated in an unlawful strike is liable to a sentence of imprisonment of from three to eight months and a fine of from 100 to 500 dinars, depends on the assessment by the criminal court of the gravity of the offences concerned; (b) under the terms of section 387 of the Labour Code, any strike called in breach of the provisions on conciliation and mediation, notice and mandatory approval by the central organization (this point relating to section 376bis of the Labour Code is also the subject of comments by the Committee) shall be deemed unlawful; and (c) section 53 of the Penal Code, under which the courts can impose a lesser penalty than the minimum established in section 388, or commute a prison sentence to a fine, fails to secure the proportionality of penalties. The Committee requests the Government to amend sections 387 and 388 of the Labour Code so as to ensure that the penalties envisaged for participation in an unlawful strike are proportional to the gravity of the offence.

Recalling that its comments have been made for many years, the Committee trusts that the Government’s next report will indicate significant progress in bringing the Labour Code into conformity with the requirements of the Convention. It also recalls that the Government can request the Office’s technical assistance on these matters.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee takes note of the Government’s report. It notes with regret however that some provisions of the Labour Code continue to be inconsistent with the Convention despite the comments the Committee has been making for many years.

The Committee notes the comments of 10 August 2006 by the International Confederation of Free Trade Unions (ICFTU) referring, inter alia, to the risk for abuse of the right to strike, cases of assault and of violence used against strikers, harassment and intimidation of members of a magistrates’ association and a journalists’ union. The Committee notes the communication of the Government (received during the Committee’s session) which replies to the ICFTU’s comments. The Committee will examine the ICFTU’s comments and the Government’s reply at its next session.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations of their own choosing. The Committee notes that the Government’s report does not reply to the Committee’s previous comments concerning the determination, in section 242 of the Labour Code, of 16 years as the minimum age for joining a trade union, unless the father or guardian expresses opposition. The Committee reminds the Government that the minimum age for joining a trade union should be the same as the age for admission to employment, and that there should be no requirement for parental authorization. It again asks the Government to take the necessary steps to have section 242 amended accordingly.

Article 3. Right of workers’ organizations to organize their administration and activities. 1. For many years, the Committee has been stressing that to require a base-level union to obtain the approval of the central workers’ confederation before declaring a strike, as required by section 376bis(2) of the Labour Code, is inconsistent with the Convention. The Government indicates in its report that the abovementioned provisions have caused no problems in practice and have prompted no observations or complaints on the part of the central workers’ organization. It adds that central organizations are responsible for approving strikes and are free to incorporate provisions in their statutes or rules specifying the practical arrangements for the strike. The Committee is bound to point out once again that to require by law the prior approval of the central workers’ union is an impediment to the base organizations’ free choice as to exercise of the right to strike. A restriction of this kind can be envisaged only where it is incorporated voluntarily in the statutes of the trade unions concerned and not imposed by law. The Committee urges the Government to take the necessary steps to repeal section 376bis(2) of the Labour Code so as to ensure that  workers’ organizations, irrespective of their level, may organize their activities in full freedom with a view to furthering and defending the interests of their members, in accordance with Article 3 of the Convention.

2. In earlier observations, the Committee noted that: (a) the imposition of the penalties set forth in section 388 of the Labour Code, under which any person who has participated in an unlawful strike is liable to a sentence of imprisonment of from three to eight months and a fine of from 100 to 500 dinars, depends on how serious the court finds the violations to be; (b) under section 387 of the Labour Code, any strike called in breach of the provisions on conciliation and mediation, notice, and mandatory approval by the central organization – see paragraph 1 above – is unlawful; and (c) section 53 of the Penal Code, by allowing the courts to impose a lesser penalty than the minimum established in section 388 or to commute a prison sentence into a fine, fails to secure proportionality of penalties. The Committee observes that in its report, the Government merely reiterates that the nature of the penalty is at the discretion of the court and depends on the seriousness of the violation. The Committee notes with regret that there has been no progress on these matters. It observes that the penalty for participating in an unlawful strike is likely to be disproportionate to the seriousness of the offence, and urges the Government to take the necessary steps to amend sections 387 and 388 of the Labour Code to bring them into line with Article 3 of the Convention.

3. With regard to section 376ter of the Labour Code requiring the notice of strike action to state the duration of the strike, the Committee has pointed out on several occasions that to require workers and their organizations to specify the length of the strike was liable to restrict the right of workers’ organizations to organize their administration and activities and to formulate their programmes. The Committee notes that in reply the Government merely states that the provision in question was discussed in a tripartite committee and that the representatives of the occupational organizations concerned raised no objections. The Committee urges the Government to amend its legislation to ensure that workers’ organizations are not required by law to specify the duration of a strike.

4. With regard to essential services, a list of which is set by decree pursuant to section 381ter of the Labour Code, the Committee again points out that this Article of the Convention allows the prime minister to refer a dispute to arbitration only where it involves an essential service in the strict sense. The Committee requests the Government to indicate whether the abovementioned decree has now been adopted and, if so, to send the list of essential services with its next report.

5. Finally, in its previous comments, the Committee drew the Government’s attention to the need to amend section 251 of the Labour Code under which foreigners are eligible for administrative or executive posts in a trade union provided that they have the approval of the Secretary of State for Youth, Sport and Social Affairs. The Committee notes that, here too, the Government merely states that the requirement has prompted no particular comments from the occupational organizations. The Committee points out once again that to impose such conditions on foreigners amounts to interference by the public authorities in the internal affairs of a trade union, which is inconsistent with Article 3 of the Convention. The Committee urges the Government to take the necessary steps to amend section 251 so as to ensure that workers’ organizations have the right to elect their representatives in full freedom, including from among foreign workers or at least those who have completed a reasonable period of residence in the host country.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 2 of the Convention. Right of workers without distinction whatsoever to establish and join organizations. The Committee notes that the Government’s report does not contain any reply to the issues raised in its previous comment concerning the determination of 16 years, under section 242 of the Labour Code, as the minimum age for joining a trade union, unless the father or guardian expresses opposition. The Committee recalls that it considers that the minimum age for joining a trade union in full freedom should be the same as that determined for admission to employment, and that this should not be dependent upon parental authorization. The Committee therefore once again requests the Government to amend section 242 so as to ensure that young persons having reached the legal age to work, even as apprentices, have the right to join trade unions without parental authorization.

Article 3. Right of workers’ organizations to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes. 1. The Committee notes the Government’s observations in its report concerning the limitation on the right of access of foreign nationals to hold office as trade union leaders under section 251 of the Labour Code, which provides that foreign nationals may hold administrative or executive office in a trade union provided that they obtain the approval of the Secretary of State for Youth, Sports and Social Affairs. The Government indicates that this provision does not constitute a limitation on the right to organize since foreign nationals may be members of a trade union and exercise the right to strike under the same conditions as Tunisian nationals. The Committee recalls that the right set forth in Article 3 of the Convention implies that the national legislation should allow foreign workers to take up trade union office freely, at least after a reasonable period of residence in the host country, and that making such access conditional upon the approval of the public authorities is liable to make it difficult and arbitrary. The Committee also recalls that the imposition of such conditions on foreign nationals constitutes interference by the public authorities in the internal affairs of a trade union, which is also incompatible with Article 3 of the Convention. The Committee therefore once again requests the Government to amend section 251 so as to guarantee worker’s organizations the right to elect their representatives in full freedom, also from among foreign workers, at least after a reasonable period of residence in the host country.

2. With regard to section 376ter of the Labour Code, which provides that the notice of strike action must give an indication of the duration of the strike, the Committee notes that the Government’s latest report does not contain any reference to this subject. The Committee recalls that the fact of subjecting workers and their organizations to the obligation of specifying the duration of a strike could restrict the right of workers’ organizations to organize their administration and activities and to formulate their programmes. The Committee therefore once again requests the Government to amend the legislation so as to ensure that no legal obligation to specify the duration of the strike is imposed on workers’ organizations.

3. With regard to the list of essential services determined by decree under section 381ter of the Labour Code, the Committee notes that the Government’s latest report indicates that no list has yet been issued. While noting the Government’s indication that no requisition order in the event of a strike jeopardizing an essential service (section 389 of the Labour Code) has been issued due to the absence of such a list, the Committee observes that no information has been provided with regard to the use by the Prime Minister of the power conferred upon her or him by section 381ter of the Labour Code. Recalling that this section of the Labour Code allows the Prime Minister to refer a dispute to arbitration only if it concerns an essential service in the strict sense of the term, and noting that the Government’s latest report provides no information in this respect, the Committee requests the Government to indicate in practice the cases in which the Prime Minister makes use of this power to submit a dispute to arbitration, under the terms of section 381ter of the Labour Code.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report.

Article 3 of the Convention. Right of workers’ organizations to organize their administration and activities. 1. The Committee emphasizes that the incompatibility between the Convention and the obligation of first-level trade union organizations to obtain the approval of the central workers’ confederation before declaring a strike, as required by section 376bis(2) of the Labour Code, has constantly been brought to the Government’s attention since 1977. The Committee notes the Government’s indication in its report that the need to obtain the approval of the central workers’ confederation cannot be considered a limitation on the rights of trade union organizations since such approval comes from the trade union organization and not from an external administrative body. The Government adds that Circular No. 7 of the Tunisian General Labour Union (UGTT) contains a list of the members of the trade union confederation empowered to sign an authorization to call a strike, which includes all the secretaries general of the regional unions, who are in direct and permanent contact with the first-level unions in enterprises. Finally, the Government indicates that it has not received any complaint from first-level trade unions to the effect that prior approval for strikes by the central union confederation limits their right to organize their activities.

The Committee points out once again that making the exercise of the right to strike conditional upon the approval of the central workers’ union by its very nature limits the right of first-level trade union organizations to organize their activities and defend the interests of their members in full freedom. As the Committee has emphasized on many occasions, the imposition by law of the requirement of prior approval constitutes a restriction on the free choice of the organizations concerned as it prevents them, in relation to the exercise of the right to strike, from acting independently of the higher-level organization, namely the central workers’ union. It recalls that such a restriction is possible only where it is incorporated voluntarily in the statutes of the trade unions concerned and not imposed by the law. The Committee therefore once again urges the Government to repeal section 376bis(2) of the Labour Code so as to guarantee workers’ organizations, irrespective of their level, the possibility to organize their activities in full freedom with a view to furthering and defending the interests of their members, in accordance with Article 3 of the Convention.

2. The Committee notes the Government’s indication in its report that the imposition of the penalties set forth in section 388 of the Labour Code, under which any person who has participated in an illegal strike is liable to a sentence of imprisonment of between three and eight months and a fine of between 100 and 500 dinars, depends on the appreciation by the court of the degree of gravity of the violations concerned. The Government adds that section 53 of the Penal Code allows the courts to impose a penalty that is lower than the minimum set forth in section 388 and even to convert a sentence of imprisonment into a fine.

The Committee notes that the Government’s report does not reply to its previous comments concerning the incompatibility with the Convention of section 387 of the Labour Code, under which a strike is deemed to be illegal where it is not called in compliance with the provisions relating to conciliation and mediation, the period of notice and the requirement of approval by the central workers’ confederation. The Committee draws the Government’s attention to the fact that sanctions for strike action should be possible only where the prohibitions in question are in conformity with the Convention, which is not the case of the compulsory prior approval by the central workers’ confederation as set out in section 387 of the Labour Code. Furthermore, with regard to the disproportionate nature of the sanctions set out in section 388 of the Labour Code, the Committee does not believe that the latitude of the courts’ discretion and the existence of section 53 of the Penal Code are sufficient to render them proportionate. In this respect, the Committee points out that failure to comply, in particular, with provisions relating to the conciliation of the dispute and the notice period for strike action is not so serious as to justify the imposition of a sentence of imprisonment. The Committee therefore requests the Government to review sections 387 and 388 of the Labour Code so as to bring them into conformity with Article 3 of the Convention.

Furthermore, a request on certain other points is being addressed directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Article 2 of the Convention. Right of workers without distinction whatsoever to establish and join organizations. The Committee notes that, under the terms of section 242 of the Labour Code, "... young persons under 16 years of age may join trade unions, unless their father or guardian expresses opposition ...". The Committee considers that the minimum age for joining a trade union in full freedom should be the same as that determined for admission to employment. The Committee requests the Government to amend section 242 so as to ensure that minors who are entitled to enter the labour market, even as apprentices, have the right to join trade unions without parental authorization.

Article 3. Right of workers’ organizations to elect their representatives in full freedom, to organize their administration and activities, and to formulate their programmes. The Committee notes that section 251 provides that foreign nationals may hold administrative or executive office in a trade union provided that they have obtained the approval of the Secretary of State for Youth, Sports and Social Affairs. The Committee recalls that the national legislation should allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country, and that making such access conditional upon the approval of the public authorities is liable to make it difficult and arbitrary. Furthermore, this constitutes interference by the public authorities in the internal affairs of a trade union, which is incompatible with Article 3 of the Convention. The Committee requests the Government to amend section 251 on this point so as to guarantee workers’ organizations the right to elect their representatives in full freedom, also from among foreign workers, at least after a reasonable period of residence in the host country.

The Committee notes that, by virtue of section 376ter of the Labour Code, the notice of strike action must give an indication of the duration of the strike. The Committee considers that the fact of submitting workers and their organizations to the obligation of specifying the duration of a strike could restrict the right of workers’ organizations to organize their administration and activities and to formulate their programmes. Even though, under the terms of section 376ter of the Labour Code, such notice must only contain an indication of the duration of the strike, the Committee requests the Government to amend the legislation so as to ensure that no legal obligation to specify the duration of the strike is imposed on workers’ organizations.

With regard to the list of essential services determined by decree under section 381ter of the Labour Code, the Committee notes that the Government’s last report does not contain any indications on this matter. The Committee recalls that the above section of the Labour Code allows the Prime Minister to refer a dispute to arbitration only if it concerns an essential service in the strict sense of the term. In a previous report, the Government had indicated that a copy of the decree determining the list of essential services would be supplied to the Office once it had been adopted. The Committee therefore requests the Government to indicate in its next report whether this decree has been adopted and, if so, to provide a copy of it. If no decree has yet been adopted, the Committee asks the Government to indicate in practice the cases in which the Prime Minister has had recourse to the power to submit a conflict to arbitration, under the terms of section 381ter of the Labour Code.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report.

Article 3 of the Convention. Right of workers’ organizations to organize their administration and activities. For many years the Committee has been drawing the Government’s attention to the incompatibility with the Convention of the obligation to obtain the approval of the central workers’ union before declaring a strike, as envisaged in section 376bis(2) of the Labour Code. In its latest report, the Government refers to arguments that it had advanced in previous reports to justify such a requirement. According to the Government, trade union organizations voluntarily wish to maintain this approval, which is useful both to keep the central workers’ union constantly informed of any strike action envisaged and for the effectiveness of any measures to settle the dispute peacefully. The Government also indicates that neither the administration nor the courts have received any complaints from first-level trade unions that this procedure restricts their right to organize their activities.

The Committee recalls that making the exercise of the right to strike conditional upon the approval of the central workers’ union by its very nature limits the right of first-level trade union organizations to organize their activities and defend the interests of their members in full freedom. As the Committee has already emphasized, the prerequisites for exercising the right to strike must be determined by the statutes and rules of the trade union organizations concerned. In the present case, this means that the approval of the declaration of a strike by the central workers’ union must be set out in the statutes of first-level organizations and in those of higher level organizations as a condition for the affiliation of first-level organizations. The Committee recalls in this respect that the adoption of such provisions constitutes an approach that is in conformity with Article 3 of the Convention, as it is based on the free choice of the organizations concerned and that first-level organizations which wish to act independently from the higher level organization may always relinquish their membership of the latter. The Committee therefore once again requests the Government to repeal section 376bis(2) above so as to guarantee workers’ organizations, irrespective of their level, the possibility to organize their activities in full freedom with a view to furthering and defending the interests of their members, in accordance with Article 3 of the Convention.

The Committee also notes that under the terms of section 388 of the Labour Code, whomsoever shall have participated in an illegal strike shall be liable to a penalty of imprisonment of between three and eight months and a fine of between 100 and 500 dinars. Under the terms of section 387 of the Labour Code, a strike is deemed to be illegal where it is not called in compliance with the provisions relating to conciliation and mediation, the period of notice and the requirement of approval by the central workers’ union. The Committee recalls firstly that sanctions for strike action should be possible only where the prohibitions in question are in conformity with the Convention (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 177). As a result of the above, the approval of the declaration of a strike by the central workers’ union, made compulsory by section 376bis(2) of the Labour Code, is not in conformity with Article 3 of the Convention. Secondly, even where prohibitions of strikes are in conformity with the Convention, the Committee emphasizes that the sanctions provided for should not be disproportionate to the seriousness of the violations (see General Survey, op. cit., paragraphs 177 and 178); this applies in particular to sentences of imprisonment. In the opinion of the Committee, failure to comply, in particular, with provisions relating to the conciliation of the dispute and the notice period for strike action are not so serious as to justify the imposition of a sentence of imprisonment. In these conditions, the Committee requests the Government to review the sanctions envisaged in section 388 so as to bring them into compatibility with Article 3 of the Convention.

A request on certain other matters is also being addressed directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In its previous comments, the Committee drew attention to section 251 of the Labour Code, which provides for the penal disqualification from holding executive or administrative office in occupational trade unions, except for offences committed for political or trade union reasons. The Committee takes due note of the information provided by the Government in its last report to the effect that no case has been recorded in practice resulting in incapacity or disqualification under the provisions of section 251 of the Labour Code. The Government repeated that this provision explicitly excluded offences committed for political or trade union reasons, as well as involuntary injury or homicide, thereby preventing any abuse in the application of these provisions. While taking note of this information, the Committee recalls that it is of the view that incapacity or disqualification from holding trade union office should be limited to persons convicted for acts which call into question the integrity of the person concerned. The Committee therefore requests once again the Government to continue to keep it informed in its future reports of any development in this regard.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It must repeat its previous observation which read as follows:

Article 3 of the Convention. Right of workers’ organizations to organize their administration and activities. With reference to its previous comments concerning the obligation to obtain the approval of the central workers’ union before declaring a strike, under the terms of section 376bis(2) of the Labour Code, the Committee had noted the Government’s indication in its last report that the expression "central workers’ union" was intended in a broad sense and that, by virtue of a circular of the Tunisian General Labour Union (UGTT) dated 1989 referring to the exercise of the right to strike, all the members of the extended executive board of this organization were empowered to sign the strike notification. This board includes, in accordance with section 16 of the internal rules of the UGTT, in addition to the members of the executive board, all the secretaries general of the organization’s regional unions, which include representatives of first-level occupational trade unions and are in direct and permanent contact with first-level trade unions in enterprises. The Government also indicated that the administration has received no complaints from first-level trade unions that the requirement of prior approval for strikes by the central workers’ union restricts their right to organize their activities. While noting this information, the Committee nevertheless considers that this provision may be such as to limit the right of first-level trade union organizations to organize their activities and promote and defend the interests of the workers, and it therefore requests the Government to repeal this provision so as to bring its legislation fully into conformity with the principles of freedom of association.

With regard to the essential services listed in section 381ter of the Labour Code, the Committee noted the Government’s statement in a previous report that a copy of the Decree determining this list would be forwarded to the Office once it had been adopted. The Committee once again requests the Government to provide in its next report the list of essential services envisaged under section 381ter of the Labour Code.

The Committee is also addressing a request directly to the Government on one point.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

In its previous comments, the Committee drew attention to section 251 of the Labour Code, which provides for the penal disqualification from holding executive or administrative office in occupational trade unions, except for offences committed for political or trade union reasons. The Committee takes due note of the information provided by the Government in its last report to the effect that no case has been recorded in practice resulting in incapacity or disqualification under the provisions of section 251 of the Labour Code. The Government repeats that this provision explicitly excludes offences committed for political or trade union reasons, as well as involuntary injury or homicide, thereby preventing any abuse in the application of these provisions. While taking note of this information, the Committee recalls that it is of the view that incapacity or disqualification from holding trade union office should be limited to persons convicted for acts which call into question the integrity of the person concerned. The Committee therefore requests once again the Government to continue to keep it informed in its future reports of any development in this regard.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s report.

Article 3 of the Convention. Right of workers’ organizations to organize their administration and activities.  With reference to its previous comments concerning the obligation to obtain the approval of the central workers’ union before declaring a strike, under the terms of section 376bis(2) of the Labour Code, the Committee notes the Government’s indication in its last report that the expression "central workers’ union" is intended in a broad sense and that, by virtue of a circular of the Tunisian General Labour Union (UGTT) dated 1989 referring to the exercise of the right to strike, all the members of the extended executive board of this organization are empowered to sign the strike notification. This board includes, in accordance with section 16 of the internal rules of the UGTT, in addition to the members of the executive board, all the secretaries general of the organization’s regional unions, which include representatives of first-level occupational trade unions and are in direct and permanent contact with first-level trade unions in enterprises. The Government also indicates that the administration has received no complaints from first-level trade unions that the requirement of prior approval for strikes by the central workers’ union restricts their right to organize their activities. While noting this information, the Committee nevertheless considers that this provision may be such as to limit the right of first-level trade union organizations to organize their activities and promote and defend the interests of the workers, and it therefore requests the Government to repeal this provision so as to bring its legislation fully into conformity with the principles of freedom of association.

With regard to the essential services listed in section 381ter of the Labour Code, the Committee noted the Government’s statement in a previous report that a copy of the Decree determining this list would be forwarded to the Office once it had been adopted. The Committee once again requests the Government to provide in its next report the list of essential services envisaged under section 381ter of the Labour Code.

The Committee is also addressing a request directly to the Government on one point.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes due note of the information provided by the Government in its report to the effect that there has been no reported case in practice resulting in incapacity or disqualification through the application of section 251 of the Labour Code.

In this regard, the Committee recalls the importance of the principle that a conviction for an act, the nature of which is not such as to call into question the integrity of the person concerned and is not such as to be prejudicial to the exercise of trade union functions, should not constitute grounds for disqualification from holding trade union office. The Committee is of the view that incapacity or disqualification from holding trade union office should be limited to persons convicted for acts which call into question the integrity of the person concerned and pose a serious risk to the exercise of trade union functions. The Committee requests the Government to keep it informed in its future reports of any progress in this regard.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information contained in the Government's report.

Referring to its earlier comments concerning the obligation to obtain the approval of the Central Workers' Union before declaring a strike, the Committee notes that the Government reiterates its previous statements to the effect that the trade union organizations have insisted on maintaining the current provisions of section 376bis (2) of the Labour Code, considering that the approval needed from the Central Workers' Union for a strike was a useful procedure for informing the Central Union and for the effectiveness of conciliation activities and measures aimed at resolving the conflict. The Committee also notes the information from the Government that no complaint has been submitted to the authorities by the first-level unions on the grounds that obtaining prior approval for the strike from the Central Workers' Union restricts their right to organize their own activities. In this regard, the Committee can only reiterate its earlier comments and emphasize once again that the provision in question might tend to restrict the right of first-level trade union organizations to organize their activities (Article 3 of the Convention) and to further and defend the interests of workers (Article 10), and therefore request the Government to repeal this provision in order to bring its legislation into fuller conformity with the principles of freedom of association.

With regard to the essential services listed under section 381ter of the Labour Code, the Committee notes the Government's statement to the effect that it will provide the Office with a copy of the Decree listing these essential services as soon as it is adopted.

Finally, the Committee is addressing a request directly to the Government.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee had previously noted that, under section 251 of the Labour Code, a person sentenced to a term of imprisonment of more than three months is prohibited from becoming an executive member or administrator of an occupational organization. While noting that this provision does not apply to offences that are political or trade union in character, the Committee nevertheless requests the Government to provide, in its future reports, information on any cases of inability or disqualification which may have occurred in relation to this provision.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information contained in the Government's report.

With reference to its previous comments concerning the obligation to obtain the approval of the central workers' union before declaring a strike, the Committee notes the Government's statements to the effect that the trade union organizations have insisted on maintaining the current provisions of section 376bis(2) of the Labour Code, considering that the approval needed from the central workers' union for a strike was a useful procedure for informing the central union and for the effectiveness of conciliation activities and measures aimed at resolving the conflict. The Committee emphasizes once again however that this provision is liable to restrict the right of first-level unions to organize their activities (Article 3 of the Convention) and to promote and defend the interests of the workers (Article 10) and therefore asks the Government to repeal this provision in order to bring its legislation into fuller conformity with the principles of freedom of association.

The Committee requests the Government to indicate if, under section 381ter of the Labour Code as amended, a list of essential services has been established by Decree and, if so, to provide it with a copy.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation:

The Committee noted that the legislative amendments introduced by Act No. 94-29 of 21 February 1994 amended certain provisions of the Labour Code, in particular section 381ter which allows the Prime Minister to refer a dispute to arbitration only if it concerns an essential service in the strict sense of the term, namely a "service the interruption of which would endanger the life, personal safety or health of the whole or part of the population". Noting that the list of essential services is to be established by decree, the Committee asks the Government to provide a copy of any such decree if adopted. In addition the Committee noted that section 376bis under which strikes are unlawful unless they are approved by the central workers' union (new section 387) does not seem to have been amended. The Committee emphasizes again that this provision is liable to restrict the right of first-level unions to organize their activities (Article 3 of the Convention) and promote and defend the interests of the workers (Article 10). The Committee again asks the Government to take the necessary steps to bring its legislation into closer conformity with the principles of freedom of association by allowing such matters to be regulated by trade union statutes, and to provide information on any developments in this respect in its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to the comments it has been making for very many years, the Committee notes with satisfaction the legislative amendments introduced by Act No. 94-29 of 21 February 1994 amending certain provisions of the Labour Code. It notes in particular that section 381ter allows the Prime Minister to refer a dispute to arbitration only if it concerns an essential service in the strict sense of the term, namely a "service the interruption of which would endanger the life, personal safety or health of the whole or part of the population". Noting that the list of essential services is to be established by decree, the Committee asks the Government to provide a copy of any such decree that is adopted.

The Committee notes, however, that section 376bis under which strikes are unlawful unless they are approved by the central workers' union (new section 387) does not seem to have been amended. The Committee emphasizes again that this provision is liable to restrict the right of first-level unions to organize their activities (Article 3 of the Convention) and promote and defend the interests of the workers (Article 10). The Committee again asks the Government to take the necessary steps to bring its legislation into closer conformity with the principles of freedom of association by allowing such matters to be regulated by trade union statutes, and to provide information on any developments in this respect in its next report.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous request for information on progress made in revising the Labour Code so as to bring it into full conformity with the Convention, the Committee notes with interest from the Government's report that the Bill to revise the Labour Code contains the same definition of the concept of essential services as that which was recommended by the Committee and the Committee on Freedom of Association. Under the terms of article 381 ter of the Bill, "is considered as an essential service, any service whose interruption could endanger the life, personal safety or health of the whole or part of the population".

The Committee notes, however, that the Government's report makes no mention of the Committee's previous comment on the requirement of the prior authorization of the central trade union organization for the calling of a strike (section 376 bis). The Government had indicated in its previous report that this requirement would be retained and would not be replaced by the obligation to obtain a majority vote of all the workers in an enterprise and that the maintenance of this system was desired by the UGTT and the UTICA.

The Committee points out once again that this provision is such as to prejudice the right of trade union organizations, at whatever level, to call a strike to defend the occupational interests of their members. However, if such is the desire of the workers, this matter should be decided not by legislative means, but by the statutes adopted by the first-level trade union organizations concerned. In this connection, the Committee recalls that under the terms of Article 8(2) of the Convention, the law of the land shall not be such as to impair the guarantees provided for in this Convention.

The Committee expresses the hope that account will be taken of its comments in the Bill so as to give full effect to the Convention. It requests the Government to supply information on developments in this respect, and to supply a copy of the Labour Code once it has been adopted.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

1. In reply to its request for information on the normalisation of trade union life, the Committee notes with interest that the work of the National Trade Union Commission that is responsible for renewing basic trade union structures, has been completed, and that in April 1989 an extraordinary congress of the UGTT was held for the election of an executive board that includes the various trade union tendencies. Furthermore, the property of the UGTT has been returned to it and many trade unionists have benefited from the new Amnesty Act No. 89-63 of 3 July 1989.

2. With regard to the revision of the Labour Code, which envisages replacing the concepts of "national interest" and "vital interest of the nation" by the concept of essential services, the Committee notes with interest that, according to the Government's report, referral to binding arbitration (sections 384 to 386) and the procedure of requisitioning striking workers (section 389) would only be carried out in the event of a strike in essential services. The Committee trusts that the concept of essential services in which strikes can be restricted and even prohibited will be confined to services whose interruption would endanger the life, personal safety or health of the whole or part of the population.

The Committee also notes, again from the Government's report, that the requirement of the prior authorisation of the central trade union organisation for the calling of a strike (section 376bis) will be retained and will not be replaced by the obligation to obtain a majority vote of all the workers in an enterprise, which had been mentioned in one of the Government's previous reports, and that the maintenance of this system is desired by the UGTT and the UTICA (Tunisian Union of Traders and Artisans).

The Committee points out that this provision is such as to prejudice the right of trade union organisations, at whatever level, to call a strike to defend the occupational interests of their members. However, if such is the desire of the workers, this matter should be decided not by legislative means, but by the statutes adopted by the first-level trade union organisations concerned. In this connection, the Committee recalls that under the terms of Article 8(2) of the Convention, the law of the land shall not be such as to impair the guarantees provided for in this Convention.

The Committee trusts that the Labour Code, as amended, will be adopted in the near future and that account will be taken of its comments on the proposed amendments. The Committee requests the Government to supply full information on the progress made in bringing its legislation into full conformity with the Convention.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes note of the Government's report. It has also taken note of the report of the Committee on Freedom of Association concerning complaints against Tunisia (Case No. 1327) approved by the Governing Body at its 236th and 239th Sessions, May-June 1987 and February-March 1988, respectively.

1. In its previous observation, the Committee urged the Government to take measures in accordance with the recommendations of the Committee on Freedom of Association with a view to re-establishing in full a trade union situation in conformity with the guarantees laid down by the Convention.

Reintegration of dismissed workers.

The Committee notes with interest from the Government's report that the agreement of 25 May 1988 between the UGTT and the Government provides for the reintegration of all public sector workers dismissed for trade union activities and that section 1 of Act No. 88-98 of 18 August 1988 provides an amnesty for persons sentenced for offences committed while they were members of a trade union organisation. The Decree drawing up the list of persons covered by this amnesty is in the process of being published.

The Committee requests the Government to keep it informed of the implementation of measures to reintegrate and grant an amnesty to the persons concerned.

Normalisation of trade union activities.

The Committee notes that a National Trade Union Commission whose membership covers all the different leanings was set up on 1 May 1988 with a view to renewing the basic structures and holding an extraordinary congress of the UGTT, in conformity with the principles of freedom of association. To facilitate the work in process, the Government has authorised, by means of Circular No. 62 of 15 August 1988 issued by the Prime Minister, the convening of congresses on the premises of public enterprises and the use of the meeting rooms of such enterprises for this purpose. In addition, Circular No. 66 of 22 August 1988 issued by the Prime Minister authorises public administrations and enterprises to withhold trade union dues at source upon request of public employees and agents wishing to join the UGTT. The Committee also notes that the dialogue between the Government and the workers has been resumed and that the workers were associated, through the UGTT National Trade Union Commission, with the drafting of the national Pact signed on 7 November 1988 and that the number of their representatives on the Economic and Social Council has increased from six to ten in accordance with Basic Act No. 88-12 of 7 March 1988.

The Committee requests the Government to continue to provide information on the measures taken to improve trade union life and on the work of the above National Trade Union Commission.

2. In its previous observation, the Committee expressed the hope that the Bill to revise the Labour Code would be adopted in the near future so as to bring the provisions of the Labour Code concerning the right to strike, which have been the subject of comments for several years, into conformity with the Convention, namely:

- sections 376 bis and 387 of the Code which prescribe that the central trade union organisation must give its approval for a strike to be called;

- sections 384 to 386 of the Code which provide for the ability to impose compulsory arbitration to end a strike that may affect the national interests;

- section 389 which provides for the ability to requisition workers where a strike is considered to be such as to affect the vital interests of the nation.

The Committee notes from the Government's report that the above Bill, which has been the subject of broad consultations, is to be examined item by item by the Council of Ministers before being adopted by the Chamber of Deputies. Thus, after examining the Bill concerning the representation of staff in enterprises, the Council of Ministers is to address the question of aligning national legislation with international labour standards.

In this context, the Committee wishes to recall that, while the proposed amendments to the provisions of the Labour Code on which it has already given its opinion in previous comments, tend towards a better application of the Convention, the proposed amendment whereby an absolute majority of the workers concerned is needed to call a strike should be modified so that the decision to have recourse to a strike may be taken by a simple majority of the voters in an enterprise (excluding workers not participating in the ballot). The Committee again draws the Government's attention to the need to amend section 389 of the Code in order to confine the authorities' power to requisition workers to cases in which a strike would affect essential services in the strict sense of the term, i.e. services whose interruption would endanger the life, personal safety or health of the whole or part of the population.

The Committee trusts that it will be possible for the Bill relating to the above provisions to be re-examined in the light of its comments and to be adopted in the near future. It requests the Government to provide information on the progress made in harmonising its legislation with the Convention.