Indigenous and Tribal Populations Convention, 1957 (No. 107) - Tunisia (Ratification: 1962)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 3 of the Convention. Identification and protection of tribal and semi-tribal populations. The Committee previously noted the information sent by the Government stating that the Berber population (Amazigh) mainly lived in a number of communities in southern Tunisia. It asked the Government to provide information on the measures taken to guarantee the protection of the institutions, religion and culture of the Berber population. The Government indicates in its report that Tunisian society is homogenous and that its recent history does not contain any evidence of racial discrimination. The Government refers to article 21 of the Constitution of 2014, under which all citizens have equal rights and duties and are equal before the law, without discrimination. Moreover, the State guarantees the individual and collective rights and freedoms of all citizens.

The Committee notes that the United Nations Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of November 2016, expressed its concern at the information received on the discrimination reportedly suffered by the Berber minority, particularly in the exercise of cultural rights, and at the lack of data disaggregated by ethnic and cultural affiliation, which made it impossible to assess the real situation of the Berbers. The CESCR also expressed regret at the limited budgetary resources assigned to the culture of the Berber population and to the protection of its cultural heritage (E/C.12/TUN/CO/3).

The Committee recalls that having reliable statistical data on tribal or semi-tribal populations constitutes an essential tool for guiding and defining policies relating to them and taking the appropriate measures to recognize, protect and promote the social and cultural identity and traditions of these populations. The Committee requests the Government to provide information on the size of the Berber population, the regions where this population is established and its socio-economic conditions. The Committee also requests the Government to indicate the measures taken or envisaged to protect and promote the institutions, persons, property and culture of the Berber population, in accordance with Article 3 of the Convention.

Articles 2, 5 and 6. Coordinated and systematic action to protect and promote the social, economic and cultural development of the populations concerned. The Committee once again requests the Government to indicate whether, in accordance with the above-mentioned articles of the Convention, the Government has taken steps to implement, where necessary, coordinated and systematic programmes for the protection of the Berber population and the economic development of the regions they inhabit. The Committee also requests the Government to provide information on the results achieved and, if applicable, the difficulties encountered. In this context, the Committee recalls the importance of seeking the collaboration of the Berber population and its representatives, as provided for by Article 5 of the Convention, and requests the Government to provide information in this respect.

Articles 11 and 12. Land. The Committee requests the Government to indicate whether in the regions where the Berber population is established a right of collective or individual ownership is recognized for the members of this population over the lands they traditionally occupy. In the case of collective ownership, please indicate the principal forms in which these rights are recognized by law and are exercised. In the case of individual ownership, please indicate whether there is any common use of land (for example, cooperative farming), and any legal basis for it.

The Committee also recalls that, under Article 12 of the Convention, tribal or semi-tribal populations cannot be removed from their habitual territory without their free consent. The Committee requests the Government to provide, if applicable, information on any cases in which populations have been removed from their territories, stating the circumstances of their removal.

Article 15. The Committee requests the Government to indicate whether special measures have been taken regarding access to employment of the Berber population and protection against all forms of discrimination. In this respect, the Committee refers to its direct request regarding the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Articles 16–18. Vocational training, handicrafts and rural industries. The Committee once again requests the Government to indicate whether specific vocational training programmes have been implemented by the Tunisian Vocational Training Agency for the Berber population, and in what manner traditional handicrafts are promoted and encouraged as factors in the economic development of this population.

Articles 21–26. Education and means of communication. In view of the need to guarantee education possibilities at all levels for the populations concerned, the Committee requests the Government to provide all available information on the number of schools, the number of teachers and the number of pupils benefiting from education where Berber communities are located. The Committee also requests the Government to indicate the steps taken to safeguard the Berber language.

Prospects of ratification of the more up-to-date Convention. The Committee recalls that, at its 328th Session (October–November 2016), the Governing Body asked the Office to commence follow-up with States which had ratified Convention No. 107 in order to: (i) encourage them to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169), as the most up-to-date instrument in this subject area, which would result in the automatic denunciation of Convention No. 107; and (ii) collect information from those member States with the aim of better understanding the reasons for their non-ratification of Convention No. 169 (see GB.328/LILS/2/1(Rev.)). The Committee notes in this regard that in the context of the implementation of the ILO Strategy for indigenous peoples’ rights for inclusive and sustainable development, the Office can provide the appropriate support to countries that so wish, including by conducting preliminary assessments and building capacities to establish a legal, strategic and institutional framework to facilitate the implementation of Convention No. 169. The Committee therefore encourages the Government to examine the decision adopted by the Governing Body at its 328th Session (October–November 2016) and to consider the possibility of ratifying Convention No. 169, which is the most up-to-date instrument in this field, if needed with the technical assistance of the Office.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

Articles 1, 3, 4 and 5 of the Convention. General policy. In reply to the direct request of 2013, the Government states that the Berber population mainly live in a number of communities in southern Tunisia. The Committee also takes notes of the adoption, in 2014, of a new Constitution. The Government assures that article 42 of the Constitution guarantees the State’s support for the national culture in its renewal and diversity. The Committee invites the Government to provide detailed information on the measures taken or envisaged to guarantee the protection of the institutions, religions and culture of the Berber population.

Articles 2, 6 and 27. The Committee recalls that, under these Articles of the Convention, it is the responsibility of the Government to implement, in so far as necessary, coordinated and systematic action for the protection of the populations concerned. It invites the Government to indicate whether programmes of this nature have been envisaged or adopted.

Article 5(a). The Committee invites the Government once again to provide information on the measures taken to seek the collaboration of representatives of the Berber population, in applying the provisions of the Convention as envisaged in Article 5(a). Please supply information on any difficulties encountered and the results obtained.

Articles 7–10. The Committee recalls that, under these Articles of the Convention, measures shall be taken to ensure that customary laws of the population concerned are taken into account, as well as their methods of social control, in the definition of the rights and obligations of these populations, and so that persons belonging to the populations concerned are safeguarded against the improper application of preventive detention. The Committee requests the Government once again to indicate the measures envisaged regarding the Berber population.

Article 11. Land. The Committee invites the Government to specify the regions in which the right of ownership, collective or individual, of the members of the populations concerned over the lands which they traditionally occupy is recognized, and the populations concerned. In the case of collective ownership, please indicate the principal forms in which these rights are recognized by law and are exercised. In the case of individual ownership, please indicate whether there is any common use of land (for example, cooperative farming), and any legal basis for it.

Articles 12–14. The Committee invites the Government to specify the provisions of the national legislation which guarantee that the populations concerned cannot be removed from their habitual territory without their free consent, and to provide specific information on all circumstances in which populations have been removed from their territories, specifying the reason for their removal and the arrangements for the compensation of any resulting loss or damages.

Articles 16–18. Vocational training, handicrafts and rural industries. The Government states that the national vocational training system provides opportunities for apprenticeships and vocational training throughout the national territory, for young persons seeking training without any discrimination whatsoever, in areas relevant to all sectors of economic activity. Please indicate whether specific vocational training programmes have been implemented by the Tunisian Vocational Training Agency for the Berber Population, and whether handicrafts and rural industries are encouraged as factors in the economic development of this population.

Article 20. Social security and health. Please supply detailed information on the number and nature of the health services available for the populations concerned, the regions in which they operate, their staffing and the number of people who benefit from these services.

Articles 21–26. Education and means of communication. Please indicate the number and kinds of schools, and the number of teachers serving the Berber population, the regions in which the schools operate and the number of pupils.

Revision of the Convention. The Committee recalls that, at its 270th Session (November 1997), the Governing Body invited the States parties to the Convention to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which would, ipso jure, involve the immediate denunciation of Convention No. 107(GB.270/LILS/3(Rev.1), paragraph 85). The Committee notes that, while awaiting such a ratification, the Government remains bound to give effect to the provisions of the Convention that remain relevant, particularly on the matters raised in this direct request. The Committee invites the Government to include information on any consultations that might have been held with the social partners on the possibility of ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1, 3, 4 and 5 of the Convention. General policy. In reply to the direct request of 2013, the Government states that the Berber population mainly live in a number of communities in southern Tunisia. The Committee also takes notes of the adoption, in 2014, of a new Constitution. The Government assures that article 42 of the Constitution guarantees the State’s support for the national culture in its renewal and diversity. The Committee invites the Government to provide detailed information on the measures taken or envisaged to guarantee the protection of the institutions, religions and culture of the Berber population

Articles 2, 6 and 27. The Committee recalls that, under these Articles of the Convention, it is the responsibility of the Government to implement, in so far as necessary, coordinated and systematic action for the protection of the populations concerned. It invites the Government to indicate whether programmes of this nature have been envisaged or adopted.

Article 5(a). The Committee invites the Government once again to provide information on the measures taken to seek the collaboration of representatives of the Berber population, in applying the provisions of the Convention as envisaged in Article 5(a). Please supply information on any difficulties encountered and the results obtained.

Articles 7–10. The Committee recalls that, under these Articles of the Convention, measures shall be taken to ensure that customary laws of the population concerned are taken into account, as well as their methods of social control, in the definition of the rights and obligations of these populations, and so that persons belonging to the populations concerned are safeguarded against the improper application of preventive detention. The Committee requests the Government once again to indicate the measures envisaged regarding the Berber population.

Article 11. Land. The Committee invites the Government to specify the regions in which the right of ownership, collective or individual, of the members of the populations concerned over the lands which they traditionally occupy is recognized, and the populations concerned. In the case of collective ownership, please indicate the principal forms in which these rights are recognized by law and are exercised. In the case of individual ownership, please indicate whether there is any common use of land (for example, cooperative farming), and any legal basis for it.

Articles 12–14. The Committee invites the Government to specify the provisions of the national legislation which guarantee that the populations concerned cannot be removed from their habitual territory without their free consent, and to provide specific information on all circumstances in which populations have been removed from their territories, specifying the reason for their removal and the arrangements for the compensation of any resulting loss or damages.

Articles 16–18. Vocational training, handicrafts and rural industries. The Government states that the national vocational training system provides opportunities for apprenticeships and vocational training throughout the national territory, for young persons seeking training without any discrimination whatsoever, in areas relevant to all sectors of economic activity. Please indicate whether specific vocational training programmes have been implemented by the Tunisian Vocational Training Agency for the Berber Population, and whether handicrafts and rural industries are encouraged as factors in the economic development of this population.

Article 20. Social security and health. Please supply detailed information on the number and nature of the health services available for the populations concerned, the regions in which they operate, their staffing and the number of people who benefit from these services.

Articles 21–26. Education and means of communication. Please indicate the number and kinds of schools, and the number of teachers serving the Berber population, the regions in which the schools operate and the number of pupils.

Revision of the Convention. The Committee recalls that, at its 270th Session (November 1997), the Governing Body invited the States parties to the Convention to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which would, ipso jure, involve the immediate denunciation of Convention No. 107 (GB.270/LILS/3(Rev.1), paragraph 85). The Committee notes that, while awaiting such a ratification, the Government remains bound to give effect to the provisions of the Convention that remain relevant, particularly on the matters raised in this direct request. The Committee invites the Government to include information on any consultations that might have been held with the social partners on the possibility of ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1, 3, 4 and 5 of the Convention. General policy. In reply to the direct request of 2013, the Government states that the Berber population mainly live in a number of communities in southern Tunisia. The Committee also takes notes of the adoption, in 2014, of a new Constitution. The Government assures that article 42 of the Constitution guarantees the State’s support for the national culture in its renewal and diversity. The Committee invites the Government to provide detailed information on the measures taken or envisaged to guarantee the protection of the institutions, religions and culture of the Berber population. The Committee hopes that the Government will supply a report containing information concerning the points that had already been raised in its previous comments.

Repetition

Articles 2, 6 and 27. The Committee recalls that, under these Articles of the Convention, it is the responsibility of the Government to implement, in so far as necessary, coordinated and systematic action for the protection of the populations concerned. It invites the Government to indicate whether programmes of this nature have been envisaged or adopted.

Article 5(a). The Committee invites the Government once again to provide information on the measures taken to seek the collaboration of representatives of the Berber population, in applying the provisions of the Convention as envisaged in Article 5(a). Please supply information on any difficulties encountered and the results obtained.

Articles 7–10. The Committee recalls that, under these Articles of the Convention, measures shall be taken to ensure that customary laws of the population concerned are taken into account, as well as their methods of social control, in the definition of the rights and obligations of these populations, and so that persons belonging to the populations concerned are safeguarded against the improper application of preventive detention. The Committee requests the Government once again to indicate the measures envisaged regarding the Berber population.

Article 11. Land. The Committee invites the Government to specify the regions in which the right of ownership, collective or individual, of the members of the populations concerned over the lands which they traditionally occupy is recognized, and the populations concerned. In the case of collective ownership, please indicate the principal forms in which these rights are recognized by law and are exercised. In the case of individual ownership, please indicate whether there is any common use of land (for example, cooperative farming), and any legal basis for it.

Articles 12–14. The Committee invites the Government to specify the provisions of the national legislation which guarantee that the populations concerned cannot be removed from their habitual territory without their free consent, and to provide specific information on all circumstances in which populations have been removed from their territories, specifying the reason for their removal and the arrangements for the compensation of any resulting loss or damages.

Articles 16–18. Vocational training, handicrafts and rural industries. The Government states that the national vocational training system provides opportunities for apprenticeships and vocational training throughout the national territory, for young persons seeking training without any discrimination whatsoever, in areas relevant to all sectors of economic activity. Please indicate whether specific vocational training programmes have been implemented by the Tunisian Vocational Training Agency for the Berber Population, and whether handicrafts and rural industries are encouraged as factors in the economic development of this population.

Article 20. Social security and health. Please supply detailed information on the number and nature of the health services available for the populations concerned, the regions in which they operate, their staffing and the number of people who benefit from these services.

Articles 21–26. Education and means of communication. Please indicate the number and kinds of schools, and the number of teachers serving the Berber population, the regions in which the schools operate and the number of pupils.

Revision of the Convention. The Committee recalls that, at its 270th Session (November 1997), the Governing Body invited the States parties to the Convention to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which would, ipso jure, involve the immediate denunciation of Convention No. 107(GB.270/LILS/3(Rev.1), paragraph 85). The Committee notes that, while awaiting such a ratification, the Government remains bound to give effect to the provisions of the Convention that remain relevant, particularly on the matters raised in this direct request. The Committee invites the Government to include information on any consultations that might have been held with the social partners on the possibility of ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

[The Government is asked to reply in detail to the present comments in 2016.]

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s report received in September 2013, which again indicates that the Berber population are treated as full citizens of Tunisia, equal before the law. In its observations of 2008 and 2009, the Committee noted that the report of the Working Group of Experts on Indigenous Populations/Communities, adopted by the African Commission on Human and Peoples’ Rights in November 2003, referred to the situation of the Berbers (Amazigh) of North Africa, identify themselves as an indigenous people. According to the Working Group, 5 per cent of the population of Tunisia are believed to be Amazigh. The Committee recalls that, at its 270th Session (November 1997), the Governing Body invited States parties to Convention No. 107 to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which would, ipso jure, involve the immediate denunciation of Convention No. 107 (see the report of the Working Party on Policy regarding the Revision of Standards, GB.270/LILS/3(Rev.1), paragraph 85). The Committee observes that, until such ratification is registered, the Government remains bound to give effect to the relevant provisions of Convention No. 107, and particularly those concerning questions raised in the current direct request. The Committee invites the Government to include in its next report information on the consultations held with the social partners on the possibility of ratifying Convention No. 169. The report should also include detailed information in reply to the points raised below.

Part I of the report form. General principles. Article 1. The Committee requests the Government to indicate the size of the Berber population and the regions of the country inhabited by them.

Articles 2, 6 and 27. The Committee recalls that under these Articles of the Convention, it is the responsibility of the Government to implement, in so far as necessary, coordinated and systematic action for the protection of the populations concerned. The Government is invited to provide information in its next report on all programmes of this nature, and is invited to provide detailed information on measures taken or envisaged to ensure the protection of the institutions, religions and cultures of the Berber population, in accordance with Articles 3, 4 and 5 of the Convention.

Article 5. The Committee invites the Government to provide information on the measures taken to seek the collaboration of representatives of the Berber population, in applying the provisions of the Convention as envisaged in Article 5(a). Please supply information on any difficulties encountered and the results obtained.

Articles 7, 8, 9 and 10. The Committee recalls that, under these Articles of the Convention, measures shall be taken to ensure that customary laws of the populations concerned are taken into account, as well as their methods of social control, in the definition of the rights and obligations of these populations, and so that persons belonging to the populations concerned are safeguarded against the improper application of preventive detention. The Committee requests the Government to indicate the measures envisaged regarding the Berber population.

Part II. Land. Article 11. The Committee invites the Government to specify the regions in which the right of ownership, collective or individual, of the members of the populations concerned over the lands which they traditionally occupy is recognized, and the populations concerned. In the case of collective ownership, please indicate the principal forms in which these rights are recognized by law and are exercised. In the case of individual ownership, please indicate whether there is any common use of land (for example, cooperative farming), and any legal basis for it.

Articles 12 to 14. The Committee invites the Government to specify the provisions of the national legislation which guarantee that the populations concerned cannot be removed from their habitual territory without their free consent, and to provide specific information on all circumstances in which populations have been removed from their territories, specifying the reason for their removal and the arrangements for the compensation of any resulting loss or damages.

Part IV. Vocational training, handicrafts and rural industries. Articles 16 to 18. Please indicate whether specific vocational training programmes have been implemented for the Berber population and whether handicrafts and rural industries are encouraged as factors in the economic development of these populations.

Part V. Health. Article 20. Please supply detailed information on the number and nature of the health services available for the populations concerned, the regions in which they operate, their staffing and the number of people who benefit from these services.

Part VI. Education and means of communication. Articles 21 to 26. Please indicate the number and kinds of schools, and the number of teachers serving the Berber population, the regions in which the schools operate and the number of pupils.

[The Government is asked to reply in detail to the present comments in 2015.]

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

The Committee notes the Government’s brief report indicating that the Berbers are the first inhabitants of Tunisia, a fact which is accepted by Tunisians who generally recognize their Berber origins. The Government adds that Tunisian society is homogenous and there is no phenomenon of racial discrimination.

The Committee recalls that in its previous comments, it requested the Government to reply in detail to those comments. The Committee requests the Government to provide information on the measures adopted or envisaged to give effect to the relevant provisions of the Convention in relation to Berber communities, and more specifically the measures adopted to seek the collaboration of the representatives of these populations (Article 5(a) of the Convention).

Furthermore, recalling that the present Convention has been revised by the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Committee encourages the Government to envisage ratifying the latter instrument.

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

The Committee notes with regret that the Government’s report has not been received, despite the fact that the Committee had requested the Government to reply in detail to its comments. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s brief report which indicates that issues related to indigenous and tribal populations do not arise in Tunisia. In addition, the Government indicates that under article 6 of the Constitution all Tunisians have equal rights and duties and are equal before the law.

While noting these indications, the Committee also notes that the 2003 Report of the Working Group of Experts on Indigenous Populations/Communities of the African Commission on Human and Peoples’ Rights has addressed the situation of the Berbers (Amazigh) of North Africa which identify themselves as indigenous peoples. The Working Group refers to estimates according to which 5 per cent of the population of Tunisia are believed to be Amazigh.

The Committee recalls that the Convention has been revised by the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which is oriented towards respect for and protection of indigenous and tribal peoples’ cultures, ways of life and traditional institutions. As indicated in its 1992 general observation, the Committee therefore encourages the Government to consider ratifying Convention No. 169.

The Committee notes that pending such consideration, the Government remains under the obligation to give effect to the provisions of Convention No. 107 which remain relevant, including Articles 5, 7 and 11, or any other provisions which may be applied while respecting generally accepted human rights principles pertaining to indigenous and tribal peoples. The Committee requests the Government to provide information on the application of the relevant provisions of the Convention, including information on the measures taken to seek the collaboration of representatives of any populations which fall under the scope of the Convention as envisaged in Article 5(a).

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

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

The Committee notes the Government’s brief report which indicates that issues related to indigenous and tribal populations do not arise in Tunisia. In addition, the Government indicates that under article 6 of the Constitution all Tunisians have equal rights and duties and are equal before the law.

While noting these indications, the Committee also notes that the 2003 Report of the Working Group of Experts on Indigenous Populations/Communities of the African Commission on Human and Peoples’ Rights has addressed the situation of the Berbers (Amazigh) of North Africa which identify themselves as indigenous peoples. The Working Group refers to estimates according to which 5 per cent of the population of Tunisia are believed to be Amazigh.

The Committee recalls that the Convention has been revised by the Indigenous and Tribal Peoples Convention, 1989 (No. 169) which is oriented towards respect for and protection of indigenous and tribal peoples’ cultures, ways of life and traditional institutions. As indicated in its 1992 general observation, the Committee therefore encourages the Government to consider ratifying Convention No. 169.

The Committee notes that pending such consideration, the Government remains under the obligation to give effect to the provisions of Convention No. 107 which remain relevant, including Articles 5, 7 and 11, or any other provisions which may be applied while respecting generally accepted human rights principles pertaining to indigenous and tribal peoples. The Committee requests the Government to provide information on the application of the relevant provisions of the Convention, including information on the measures taken to seek the collaboration of representatives of any populations which fall under the scope of the Convention as envisaged in Article 5(a).

[The Government is asked to reply in detail to the present comments in 2010.]