Worst Forms of Child Labour Convention, 1999 (No. 182) - Tunisia (Ratification: 2000)

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted with interest the adoption of Basic Act No. 2016 61 of 3 August 2016 on the prevention of and action against trafficking, which establishes penalties of up to ten years’ imprisonment for traffickers. It requested the Government to provide information on the application of the Act in practice, in cases involving the sale and trafficking of children under 18 years of age.

The Committee notes the absence of information in the Government’s report in this regard. It notes that according to the 2018 annual report of the National Authority to Combat Trafficking in Persons, of the 780 trafficking in persons cases identified in 2018 almost half (48 per cent) involved children. Hence 377 trafficking in children cases were identified in 2018, of which 142 were for the purpose of economic exploitation, 124 for the purpose of exploitation in begging and 62 for the purpose of sexual exploitation. The Committee requests the Government to provide information on the measures taken to ensure that the trafficking in children cases identified are prosecuted vigorously and that effective and dissuasive penalties are imposed. It requests the Government to provide specific information on the application of the provisions relating to the sale and trafficking of children under 18 years of age, including statistics on the number of violations identified, convictions handed down and criminal penalties imposed.

Clause (b). Use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances. For many years, the Committee has been asking the Government to provide information on the application in practice of sections 226bis (offence against morals and incitement to paedophilia), 232 (incitement to prostitution) and 233 (prison sentences of between three and five years if the offence is committed against a minor) of the Penal Code, with a view to assessing whether these provisions can be applied effectively to prohibit the use, procuring and offering of a child under 18 years of age for prostitution, for the production of pornography or for pornographic performances.

The Committee notes the Government’s indication that it will forward the replies requested as soon as it obtains the information from the authorities concerned. The Committee expresses the firm hope that the Government will provide information on the application of the above-mentioned provisions in the near future, specifying the number of violations reported, the grounds for prosecution and the penalties imposed on perpetrators.

Article 4(3). Revision of the list of types of hazardous work. The Committee notes the Government’s indication in its report of 2018 that the Order of the Minister for Social Affairs of 19 January 2000 establishing types of dangerous work prohibited for children under 18 years of age is being revised. The Committee hopes that the revised list of hazardous types of work prohibited for children under 18 years of age will be adopted in consultation with the social partners, and requests the Government to provide a copy of the text once it is adopted.

Articles 5 and 7(2)(b). Monitoring mechanisms and effective, time-bound measures to remove children from the worst forms of child labour and provide for their rehabilitation and social integration. Trafficking and commercial sexual exploitation. The Committee noted in its previous comments that the Child Protection Service of the police in the Ministry of Interior was the body responsible for combating sexual exploitation. It also noted that child protection officers (DPEs) generally dealt with children engaged in the worst forms of child labour. The Committee requested the Government to provide information on the measures taken by the various bodies responsible for the protection of children to combat the worst forms of child labour, as well as on the number of child victims of exploitation assisted by DPEs.

The Committee notes the Government’s indication that DPEs receive reports of situations threatening the health or physical or moral integrity of a child, such as economic or sexual exploitation, following which they decide on the measures to take to protect the child. The Government specifies that DPEs have the status of law enforcement officers. The Committee observes that according to the 2017 Statistical Bulletin on the Activities of Child Protection Officers, there are 82 DPEs. In 2017, DPEs received 1,087 reports of sexual exploitation of children, of which 975 were flagged as serious (680 reports were in relation to girls and 295 to boys). DPEs also received 208 reports on the exploitation of children for begging and the economic exploitation of children and 86 reports on the exploitation of children in organized crime. DPEs can direct children to temporary shelters, such as the National Institute for Child Welfare (INPE) or integrated centres for young people and children (CIJE).

The Committee also notes the Government’s indication in its report of May 2019 to the Committee on the Rights of the Child that Ministry of Interior security units and special branches carry out security patrols in streets and public places to combat the exploitation of children. Their role is to investigate and bring criminals to justice. They are also responsible for coordinating the action of the various stakeholders, including DPEs and social welfare centres, in order to ensure that child victims receive adequate protection. The Government also indicates in its report that the Minister for Women, Family Affairs, Children and the Elderly, in cooperation with the Council of Europe, has launched a national programme to protect children from all forms of sexual exploitation and abuse, with a view, among other things, to build the capacities of stakeholders in the field in order to improve the protection and care of child victims and provide them with the necessary support (CRC/C/TUN/4-6, paragraphs 148 and 155).

With regard to victims of trafficking in persons, the Committee notes that Act No. 2016-61 of 3 August 2016 on the prevention of and action against trafficking in persons provides that the National Authority to Combat Trafficking in Persons shall provide the necessary medical and social care to victims. The Committee requests the Government to continue its efforts to combat the worst forms of child labour, and to provide information on the activities of the above-mentioned bodies for child victims of trafficking, commercial sexual exploitation and exploitation for begging, as well as on the results achieved. It also requests the Government to provide information on the number of child victims of the worst forms of child labour who have received assistance for their rehabilitation and reintegration in society, and on the nature of the assistance received.

Article 7(2)(a). Access to free basic education. The Committee notes that according to the National Survey on Child Labour in Tunisia in 2017, carried out by the National Statistical Institute (INS) with the support of the ILO and published in 2018, some 100,000 children aged from 6 to 17 years had dropped out of school, having been enrolled, at the time of the survey. The Committee notes that Act No. 2017-58 of 11 August 2017 concerning the elimination of violence against women provides, in article 7, that the competent ministers shall take all necessary measures to combat early school leaving, particularly among girls, in all regions. It further notes that in its Voluntary National Report on the Implementation of the Sustainable Development Goals in Tunisia of July 2019, the Government indicates that it has taken various measures to combat school dropout, namely, the introduction of a preventive strategy against failure and school dropout in nine schools, the creation of a scheme for second-chance education, the development of an inclusion/psychological health programme for at-risk pupils and the strengthening of a preventive school support scheme. The Committee takes due note of the measures taken by the Government to reduce the number of school dropouts, and requests it to continue its efforts in this respect at the primary and secondary levels. It requests the Government to provide information on activities to reduce the school dropout rate and the results achieved, as well as on the number of children who have dropped out of school, disaggregated by gender and age.

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

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (d). Forced or compulsory labour and hazardous work. Child domestic workers. The Committee previously noted the study entitled “Child domestic workers in Tunisia” (ILO, 2016), according to which many children, in particular young girls, are economically exploited as domestic workers below the minimum age for entry to the labour market of 16 years. All of them work without written contracts and have no social coverage; they work on average for almost ten hours per day. The study underscores that these child domestic workers spend more than two years on average with the same employer. They are victims of health problems related to the arduous nature and long hours of work and to the dangers to which they may be exposed in the performance of various household tasks and other types of work in the employer’s home. The Committee expressed its deep concern at the exploitation of children under 18 years of age performing domestic work in hazardous conditions, which could result in situations of forced labour. It urged the Government to take immediate and effective measures to ensure the protection of children under 18 years of age from exploitation in domestic work under hazardous conditions or conditions amounting to forced labour.

The Government refers in its report to the adoption of Act No. 2017-58 of 11 August 2017 on the elimination of violence against women, which prohibits domestic work by children under 18 years of age. Section 20 of the Act provides that anyone who voluntarily and directly or indirectly employs children as domestic workers or acts as an intermediary to employ children as domestic workers shall be liable to a penalty of between three and six months’ imprisonment and a fine. The penalty is doubled in the event of a repeat offence. The Government further indicates that it intends to study in depth the possibility of ratifying the Domestic Workers Convention, 2011 (No. 189). The Committee encourages the Government to continue its efforts to prevent the exploitation of children under the age of 18 years in domestic work, performed in hazardous conditions or conditions amounting to forced labour, including by ensuring that the new legislation is effectively implemented, with regard to the prohibition against employing child domestic workers under 18 years of age. The Committee requests the Government to provide information on measures for the identification of violations of the prohibition against the employment of domestic workers under the age of 18 years, as well as on the number of violations detected, persons prosecuted and penalties imposed.

The Committee is raising other matters in a request addressed directly to the Government.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee notes with interest the adoption of Basic Act No. 2016 61 of 3 August 2016 on the prevention and action to combat trafficking, which also applies to child victims of economic or sexual exploitation. It further notes that the Act establishes penalties of up to ten years of imprisonment for those engaged in trafficking (section 8). The Committee requests the Government to provide information on the application of Act No. 2016-61 of 3 August 2016 on the prevention of and action to combat trafficking in practice, including statistics on the number and nature of the violations reported, investigations, prosecutions, convictions and penal sanctions imposed in cases of the sale and trafficking of children under 18 years of age.

Clause (b). Use, procuring or offering of a child for the production of pornography, or for pornographic performances. In its previous comments, the Committee noted the Government’s indication that section 226bis of the Penal Code, which considers a public offence against good behaviour or public morals the acts or words or wilful embarrassment of others in a manner that is offensive to decency, is a measure partly intended to prohibit the use, procuring or offering of a child in the pornography industry.

The Committee requested the Government to provide information on the application in practice of sections 226bis (offence against morals and incitement to paedophilia), 232 (incitement to prostitution) and 233 (prison sentences of between three and five years if the crime involves a minor) of the Penal Code in practice with a view to assessing whether these provisions can be applied effectively to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances.

The Committee notes the Government’s indication that the courts have not handed down decisions under sections 226bis, 232 and 233 of the Penal Code. Noting that it has been raising this question since 2005, the Committee firmly hopes that the Government will be in a position to provide information on the application in practice of this Act, including statistics on the number and nature of the violations reported, investigations, prosecutions, convictions and penal sanctions imposed.

Articles 5 and 7(2)(b). Monitoring mechanisms and effective and time bound measures to remove children from the worst forms of child labour and to provide for their rehabilitation and social integration. In its previous comments, the Committee noted the establishment of a special unit in the national police to combat the sexual exploitation of children and paedophilia via the Internet. It noted that the Child Protection Service of the police in the Ministry of the Interior and Local Development is the body responsible for combating sexual exploitation, and that child protection commissioners generally deal with children engaged in the worst forms of child labour. The Committee requested the Government to provide information on the number of children victims of economic or sexual exploitation who have benefited from the assistance provided by child protection commissioners.

The Committee notes the absence of information in response to this question. The Committee therefore once again requests the Government to provide information on the measures adopted by the various bodies responsible for the protection of children, including child protection commissioners to combat the worst forms of child labour. In particular, it requests the Government to provide information on the number of children victims of economic or sexual exploitation, and particularly girls working in domestic service, who have been assisted by child protection commissioners.

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

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (d). Forced or compulsory labour and hazardous work. Child domestic workers. In its previous comments, the Committee noted that a high number of children are victims of sexual abuse in Tunisia, particularly those engaged in domestic work.

The Committee notes the Government’s indication in its report that the study entitled “Monitoring the situation of children and women: Multiple indicator cluster survey”, conducted in 2011–12, shows that, among children aged between five and 14 years, 3 per cent are engaged in work, essentially in household work. The prevalence of children engaged in work is higher as they grow older, with 6 per cent of children aged 14 years being engaged in work. The Committee also notes the study entitled “Child domestic workers in Tunisia” (ILO, 2017). According to this study, although the law establishes the minimum age for entry into the labour market at 16 years (section 53 of the Labour Code), many children, and particularly young girls, are economically exploited as domestic workers at ages lower than 16. All of them work without written contracts and have no social coverage. They work around ten hours a day. Daily working hours amount to 12 for nearly 20 per cent of girls and exceed 13 hours for nearly 14 per cent of them. The younger the girls, the more likely they are to be called upon to work for periods exceeding ten hours. One third of girls aged under 12 years and half (52.1 per cent) of those between the ages of 12 and 16 years indicate that they have worked more than ten hours per day, while nearly 75 per cent of girls aged over 16 years indicate that they work less than ten hours a day (page 47). The study emphasizes that the extensive hours of work amounting to the exploitation of child domestic workers, does not constitute a brief episode in their lives. The children interviewed spent more than two years on average with the same employer. In certain cases, the exploitation would last up to eight years (page 48). The study also shows that girl domestic workers are often victims of health problems related to the arduous nature and long hours of work, and highlights the dangers to which children may be exposed in the performance of various household tasks and other types of work performed in the employer’s house (page 96). Finally, the study stresses the absence of a clear strategy to combat child domestic work in Tunisia, as well as, the obstacles of a legal nature, essentially related to the access of the places where children work, which impairs their action (page 70).

The Committee expresses deep concern at the exploitation of children under 18 years of age performing domestic work in Tunisia in hazardous conditions, which could result in situations of forced labour. The Committee draws the Government’s attention to the fact that domestic work carried out by children under conditions of forced labour or under particularly arduous and hazardous conditions, is one of the worst forms of child labour under the terms of Article 3(a) and (d) of the Convention, and shall be eliminated as a matter of urgency. In this regard, the Committee urges the Government to take immediate and effective measures to ensure the full protection of children under 18 years of age against exploitation in domestic work under hazardous conditions or conditions amounting to forced labour. It requests the Government to provide information on the specific measures adopted to address the situation of child domestic workers, particularly as a follow-up to the recommendations of the 2017 study referred to above, and the results achieved in this regard.

The Committee is raising other matters in a request address directly to the Government.

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

Article 3 of the Convention. Worst forms of child labour. Subparagraph (b). Use, procuring or offering of a child for pornography or pornographic performances. In its previous comments, the Committee noted the Government’s indication that section 226bis of the Penal Code, which prohibits public offence against good behaviour or public morals by acts or words or wilful embarrassment of others in a manner that is offensive to decency, is partly a measure intended to prohibit the use, procuring or offering of a child in the pornographic industry. The Government also noted that it is prohibited for any person to publicly draw attention to an occasion on which debauchery is committed by means of written texts, recordings, or audio, visual, electronic or visible messages. According to the Government, the expression “publicly draw attention to an occasion on which debauchery is committed” is directly related to the media referred to in section 226bis of the Penal Code, namely written or audio media, including the Internet, which are of a nature to facilitate incitement to debauchery, as these practices may include pornographic photographs or films and pornographic performances. The Government also indicated that, by virtue of section 232(4) of the Penal Code, it is an offence to recruit, lure or maintain a person and hand over that person to prostitution or debauchery, the penalty being from three to five years’ imprisonment if this offence is committed with regard to a minor. The Committee asked the Government to supply information on the application in practice of sections 226bis, 232 and 233 of the Penal Code so that it might assess whether these provisions could be applied effectively to prohibit the use, procuring and offering of a child under 18 years of age for the production of pornography or for pornographic performances.

The Committee notes with regret that, once again, the Government has not provided any information on this subject. The Committee urges the Government to send extracts of court rulings handed down in application of the abovementioned sections of the Penal Code.

Articles 5 and 7(2)(b). Monitoring mechanisms and effective and time bound measures to remove children from the worst forms of child labour and provide for their rehabilitation and social integration. The Committee previously noted the setting up of a specialist unit in the national police to combat the sexual exploitation of children and paedophilia via the Internet, whose officers received specialized training so that they could perform their duties appropriately. It noted that the Child Protection Service, within the police administration at the Ministry of the Interior and Local Development, is the body responsible for combating sexual exploitation. The Committee nevertheless noted that the Committee on the Rights of the Child, in its concluding observations of 16 June 2010 (CRC/C/TUN/CO/3, paragraph 61), expressed concern at the sharp increase in the number of child victims of sexual abuse in Tunisia in 2008–09 and regretted that the data supplied were not specific or detailed, therefore making it impossible to assess the nature and extent of the problem. Furthermore, the Committee on the Elimination of Discrimination against Women, in its concluding observations of 5 November 2010 (CEDAW/C/TUN/CO/6, paragraph 48), expressed concern at the conclusions of a 2008 survey indicating that 16 per cent of young persons working as domestic servants had been victims of sexual violence. The Committee asked the Government to provide more detailed information on the number of children engaged in the worst forms of child labour dealt with by the child protection delegates (DPEs). The Government indicated that the statistics provided by the DPEs made it impossible to distinguish which cases involved the worst forms of child labour but that, in the context of improving the system for data collection and processing relating to the work of the DPEs, the Ministry for Women, Families, Children and Senior Citizens was in the process of establishing a database that would provide more detailed information.

The Committee notes that, according to the Government, Tunisia has had a national data collection system (Child info) concerned with child-related matters and violence against children since 2009. The Government states that the data collected will be compiled in the national report on the situation of children, which will ensure a follow-up of the files of vulnerable children. The Committee nevertheless notes that the Government has not provided information on the data collected. The Committee urges the Government to provide information on the number and nature of the surveys carried out by the Child Protection Service and on the number of child victims of economic or sexual exploitation, especially girls employed as domestic workers, dealt with by the DPEs, in its next report.

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

Article 3 of the Convention. Worst forms of child labour. Subparagraph (b). Use, procuring or offering of a child for pornography or pornographic performances. In its previous comments, the Committee noted the Government’s indication that section 226bis of the Penal Code, which prohibits public offence against good behaviour or public morals by acts or words or wilful embarrassment of others in a manner that is offensive to decency, is partly a measure intended to prohibit the use, procuring or offering of a child in the pornographic industry. The Government also noted that it is prohibited for any person to publicly draw attention to an occasion on which debauchery is committed by means of written texts, recordings, or audio, visual, electronic or visible messages. According to the Government, the expression “publicly draw attention to an occasion on which debauchery is committed” is directly related to the media referred to in section 226bis of the Penal Code, namely written or audio media, including the Internet, which are of a nature to facilitate incitement to debauchery, as these practices may include pornographic photographs or films and pornographic performances. The Government also indicated that, by virtue of section 232(4) of the Penal Code, it is an offence to recruit, lure or maintain a person and hand over that person to prostitution or debauchery, the penalty being from three to five years’ imprisonment if this offence is committed with regard to a minor. The Committee asked the Government to supply information on the application in practice of sections 226bis, 232 and 233 of the Penal Code so that it might assess whether these provisions could be applied effectively to prohibit the use, procuring and offering of a child under 18 years of age for the production of pornography or for pornographic performances.

The Committee notes with regret that, once again, the Government has not provided any information on this subject. The Committee urges the Government to send extracts of court rulings handed down in application of the abovementioned sections of the Penal Code.

Articles 5 and 7(2)(b). Monitoring mechanisms and effective and time bound measures to remove children from the worst forms of child labour and provide for their rehabilitation and social integration. The Committee previously noted the setting up of a specialist unit in the national police to combat the sexual exploitation of children and paedophilia via the Internet, whose officers received specialized training so that they could perform their duties appropriately. It noted that the Child Protection Service, within the police administration at the Ministry of the Interior and Local Development, is the body responsible for combating sexual exploitation. The Committee nevertheless noted that the Committee on the Rights of the Child, in its concluding observations of 16 June 2010 (CRC/C/TUN/CO/3, paragraph 61), expressed concern at the sharp increase in the number of child victims of sexual abuse in Tunisia in 2008–09 and regretted that the data supplied were not specific or detailed, therefore making it impossible to assess the nature and extent of the problem. Furthermore, the Committee on the Elimination of Discrimination against Women, in its concluding observations of 5 November 2010 (CEDAW/C/TUN/CO/6, paragraph 48), expressed concern at the conclusions of a 2008 survey indicating that 16 per cent of young persons working as domestic servants had been victims of sexual violence. The Committee asked the Government to provide more detailed information on the number of children engaged in the worst forms of child labour dealt with by the child protection delegates (DPEs). The Government indicated that the statistics provided by the DPEs made it impossible to distinguish which cases involved the worst forms of child labour but that, in the context of improving the system for data collection and processing relating to the work of the DPEs, the Ministry for Women, Families, Children and Senior Citizens was in the process of establishing a database that would provide more detailed information.

The Committee notes that, according to the Government, Tunisia has had a national data collection system (Child info) concerned with child-related matters and violence against children since 2009. The Government states that the data collected will be compiled in the national report on the situation of children, which will ensure a follow-up of the files of vulnerable children. The Committee nevertheless notes that the Government has not provided information on the data collected. The Committee urges the Government to provide information on the number and nature of the surveys carried out by the Child Protection Service and on the number of child victims of economic or sexual exploitation, especially girls employed as domestic workers, dealt with by the DPEs, in its next report.

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for pornography or pornographic performances. In its previous comments, the Committee noted the Government’s indication that section 226bis of the Penal Code, which prohibits public offences against good behaviour or public morals by acts or words or wilful embarrassment of others in a manner that is offensive to decency, is partly a measure intended to prohibit the use, procuring or offering of a child in the pornographic industry. It also noted that it is prohibited for any person to publicly draw attention to an occasion on which debauchery is committed by means of written texts, recordings, or audio, visual, electronic, visible messages. The Government indicated that the expression “publicly draw attention to an occasion on which debauchery is committed” is directly related to the media referred to in section 226bis of the Penal Code, namely written or audio media, including the Internet, which are of a nature to facilitate incitement to debauchery and that these practices may include pornographic photographs or films, and pornographic performances. The Committee noted the information in the Government’s report that the use, procuring or offering of a child for the production of pornography or for pornographic performances are acts which fall within the scope of section 226bis of the Penal Code inasmuch as incitement to paedophilia is one of the worst forms of debauchery covered by this provision. Furthermore, the Government indicated that, by virtue of section 232(4) of the Penal Code, it is an offence to recruit, lure or maintain a person and hand over that person to prostitution or debauchery, and that section 233 expressly provides for a penalty of three to five years’ imprisonment if this offence is committed with regard to a minor. Noting the absence of information on this point in the Government’s report, the Committee, therefore, again urges the Government to supply information on the application in practice of sections 226bis, 232 and 233 of the Penal Code so that it can assess whether this provision can be applied effectively to prohibit the use, procuring and offering of a child under 18 years of age for the production of pornography or for pornographic performances.

Article 5. Monitoring mechanisms. Sexual exploitation of children and paedophilia via the Internet. The Committee previously noted the Government’s indications concerning the setting up of a specialist unit in the national police to combat the sexual exploitation of children and paedophilia via the Internet, whose officers receive specialized training so that they can perform their duties appropriately. The Committee noted the information in the Government’s report according to which the Child Protection Service, within the police administration at the Ministry of the Interior and Local Development, is the body responsible for combating sexual exploitation. To this end, the Service is in charge of conducting investigations into crimes related to sexual exploitation at the national level, in coordination with the Monitoring Centre for Cybercrime and the Tunisian office of Interpol, and of taking adequate measures to identify the persons involved in crimes involving the exploitation of children in prostitution or pornography, as well as ensuring border security and prohibiting suspects from having access to Tunisian territory.

The Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 16 June 2010 (CRC/C/TUN/CO/3, paragraph 61), expresses concern at the sharp increase in the number of child victims of sexual abuse in Tunisia in 2008–09 and regrets that the data supplied are not specific or detailed, since this makes it impossible to assess the nature and extent of sexual the exploitation and abuse of children, including child prostitution and child pornography. However, the Committee notes that the Government does not supply any information on this matter in its report. The Committee therefore again urges the Government to provide information in its next report on the results achieved by the Child Protection Service, particularly in terms of the number of child victims of commercial sexual exploitation who have been detected.

Article 7(2). Effective and time-bound measures. Clause (b). Assistance for the removal of children from the worst forms of child labour. In its previous comments, the Committee noted the application of section 46 of the Child Protection Code by the child protection delegate (DPE), who is allowed to take emergency measures to remove a child who is in a situation of imminent danger from the family or institutional environment which is the cause of the danger. The Committee noted that 90 cases of children engaged in light work were examined by DPEs in 2005, representing 1.6 per cent of all cases of children under threat dealt with by DPEs in 2005. However, the Committee noted that the statistics are not concerned with the worst forms of child labour and asked the Government to provide more detailed information on the number of cases of children engaged in the worst forms of child labour dealt with by DPEs. The Committee noted the Government’s indication that the statistics provided by the DPEs make it impossible to distinguish which cases involve the worst forms of child labour. However, in the context of improving the system for data collection and processing relating to the work of the DPEs, the Ministry for Women, Families, Children and Senior Citizens was in the process of establishing a database which will provide more detailed information on all types of child labour. Noting the absence of information on this matter in the Government’s report, the Committee again urges the Government to provide more detailed information in its next report on the number of children engaged in the worst forms of child labour dealt with by DPEs.

Clause (d). Children at special risk. Domestic employees. The Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 5 November 2010 (CEDAW/C/TUN/CO/6, paragraph 48), expresses concern at the conclusions of a 2008 survey indicating that 17.5 per cent of domestic workers in Tunisia are between 12 and 17 years of age and 16 per cent are victims of sexual violence. The Committee therefore recommends the Government to take all necessary steps to protect domestic employees from economic exploitation and sexual violence. In view of the fact that children employed in domestic work are particularly exposed to the worst forms of child labour, the Committee requests the Government to take effective and time-bound measures to protect all girls under 18 years of age employed as domestic workers against the worst forms of child labour. It requests the Government to provide information on this matter and on the results achieved as regards identification, removal and reintegration of girls under 18 years of age who are employed as domestic workers and are victims of economic or sexual exploitation. Moreover, the Committee encourages the Government to ratify the Domestic Workers Convention, 2011 (No. 189), which has key provisions for child protection.

Clause (e). Special situation of girls. The Committee previously noted that the Observatory for Information, Training, Documentation and Studies for the Protection of the Rights of the Child was due to undertake a study on the school drop-out rate of girls in rural areas, the main objective of which was to map school drop-outs in Tunisia according to the gender and environment of the child. It noted the Government’s indication that the study would be sent to the Office once it had been completed, and asked the Government to supply information on the use to which the study would be put in relation to preventing the engagement of girls in the worst forms of child labour.

The Committee notes the Government’s indication that, in order to improve the internal output of the education system and put the principle of equal opportunities for all pupils into practice, it is necessary to have accurate and detailed statistics that will make it possible to plan appropriate intervention strategies. It is in this context that the Observatory proposes to conduct the study on the school drop-out rate of girls in rural areas. Noting that the Government has already been referring to this for a number of years, the Committee urges the Government to take steps to ensure that the study on the school drop-out rate of girls in rural areas is completed as soon as possible. It also requests the Government to provide a copy of this study along with its next report.

Part V of the report form. Application in practice. The Committee previously noted that the Observatory for Information, Training, Documentation and Studies for the Protection of the Rights of the Child established the “Child info” data collection system, thereby creating an integrated database on child-related matters. It also noted that a list of 70 child protection indicators had been validated by all the ministries concerned but that the data necessary for the preparation of these indicators is not regularly collected. The Government indicated that it was a question of moving on to the operational stage so that each department would establish the necessary data collection mechanisms, thereby allowing the validated indicators to be drawn up and follow-up to take place. The Government added that it would provide a copy of the list of child protection indicators to the Office once it had been adopted.

The Committee notes the Government’s statement that the child protection indicators cover the protection of health, school drop-outs, social protection and protection against threatening situations. The Government also indicates that the Observatory is currently setting up data collection systems at the local level with a view to using the adopted indicators in child protection. The Committee urges the Government to supply more detailed information on the data gathered by “Child-info” with respect to children engaged in the worst forms of child labour. All information provided should be disaggregated, as far as possible, by sex and age.

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

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:

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for pornography or pornographic performances. In its previous comments, the Committee noted the Government’s indication that section 226bis of the Penal Code, which prohibits public offences against good behaviour or public morals by acts or words or wilful embarrassment of others in a manner that is offensive to decency, is partly a measure intended to prohibit the use, procuring or offering of a child in the pornography industry. It also noted that it is prohibited for any person to publicly draw attention to an occasion on which debauchery is committed by means of written texts, recordings or audio or visual, electronic or visible messages. The Government indicated that the expression “publicly draw attention to an occasion on which debauchery is committed” is directly related to the media referred to in section 226bis of the Penal Code, that is written or audio media, including the Internet, which are of a nature to facilitate incitement to debauchery and that these practices may include pornographic photographs or films, and pornographic performances. The Committee noted the information in the Government’s report that the use, procuring or offering of a child for the production of pornography or pornographic performances are acts which fall within the scope of section 226bis of the Penal Code inasmuch as incitement to paedophilia is one of the worst forms of debauchery referred to in this provision. Furthermore, the Government indicateed that, by virtue of section 232(4) of the Penal Code, it is an offence to employ, train or maintain, as well as render, a person into prostitution or debauchery, and that section 233 expressly provides for a sanction of three to five years’ imprisonment if this offence is committed with regard to a minor. The Committee requests the Government to provide information on the practical application of sections 226bis, 232 and 233 of the Penal Code so it can assess if this provision can be applied effectively to prohibit the use, procuring and offering of a child under 18 years for the production of pornography or pornographic performances.

Article 5. Monitoring mechanisms. Sexual exploitation of children and paedophilia over the Internet. The Committee previously noted the Government’s indication concerning the establishment of a specialized unit in the national police to combat the sexual exploitation of children and paedophilia over the Internet, whose officers receive specialized training so that they can perform their duties appropriately. The Committee noted the information in the Government’s report according to which the Child Protection Service, within the Police Administration of the Ministry of Interior and Local Development, is the responsible body for combating sexual exploitation. To this end, the Service is in charge of conducting investigations on crimes related to sexual exploitation at the national level, in coordination with the Monitoring Centre for Cybercrime and the Tunisian office of Interpol, and of taking adequate measures to identify the persons involved in crimes of child exploitation in prostitution or pornography, as well as ensuring border security and prohibiting access in Tunisian territory to suspects. The Committee requests the Government to provide information on the results achieved by the Child Protection Service, particularly in terms of the number of child victims of commercial sexual exploitation which have been identified.

Article 7(2). Effective and time-bound measures. Clause (b). Assistance for the removal of children from the worst forms of child labour. In its previous comments, the Committee took note of the application of section 46 of the Code for the Protection of the Child by the child protection delegate (DPE), who is allowed to take emergency measures to remove a child who is in a situation of imminent danger from the family or institutional environment which is the cause of the danger. The Committee noted that 90 cases of children engaged in light work were examined by DPEs in 2005, representing 1.6 per cent of all the cases of children under threat dealt with by DPEs in 2005. However, the Committee noted that these statistics do not concern the worst forms of child labour and requested the Government to provide more detailed information on the number of cases of children engaged in the worst forms of child labour dealt with by DPEs. The Committee noted the Government’s indication that the statistics currently provided by the DPEs do not allow for the distinction of cases involving the worst forms of child labour. However, within the framework of the improvement of the data collection and processing system relating to the work of the DPEs, the Ministry of Women, Family, Childhood and Seniors is currently establishing a database which will provide more detailed information on all the types of child labour. The Committee accordingly requests the Government to provide, in its next report, more detailed information on the number of children engaged in the worst forms of child labour dealt with by DPEs.

Clause (e). Special situation of girls. The Committee previously noted that the Information, Training, Documentation and Studies Observatory for the Protection of the Rights of the Child was undertaking a study on the school drop out rate of girls in rural areas, the principal objective of which is to map school drop-outs in Tunisia according to the gender and environment of the child. It noted the Government’s indication that this study will be provided to the Office as soon as it is completed. Expressing the hope that it will receive a copy of the study on the school drop-out rate of girls in rural areas with the next report of the Government, the Committee once again requests the Government to provide information on the use to which this study is put in relation to preventing the engagement of girls in the worst forms of child labour.

Article 8. International cooperation and assistance. Cooperation with other countries in combating child prostitution. The Committee previously requested the Government to provide information on cooperation measures with other countries to combat child prostitution and the results achieved. Once again noting the absence of information on this subject in the Government’s report, the Committee again requests the Government to keep it informed of any new developments in this regard and to provide information on the matter in its next report.

Part V of the report form. Practical application of the Convention. The Committee previously noted that the Information, Training, Documentation and Studies Observatory for the Protection of the Rights of the Child established a data collection system “Child-info”, with the establishment of an integrated database on childhood. It also noted that the Observatory has developed child protection indicators and that a list of these indicators would be drawn up by the end of 2007. The Committee noted the information in the Government’s report that a list of 70 indicators on child protection was validated by all the ministries concerned, but that the data necessary for the elaboration of these indicators is not regularly collected. The Government indicated that it must now move on to the operational stage in order for each department to establish the necessary data collection mechanisms, therefore allowing for the elaboration of the validated indicators and their follow-up. The Government added that it will provide a copy of the list of child protection indicators to the Office as soon as it is adopted. Expressing the hope that it will receive a copy of the study list of child protection indicators with the next report of the Government, the Committee once again requests the Government to provide more detailed information on the statistics collected through “Child-info” with regard to children engaged in the worst forms of child labour.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. Referring to its previous comments, the Committee notes the information in the Government’s report that section 237 of the Penal Code provides that “whoever kidnaps or attempts to kidnap a person through fraud, violence or threats, or drags, diverts or displaces or attempts to drag, divert or displace, a person from the place where this person was” is liable to a penalty of ten years imprisonment. Furthermore, section 238 provides a penalty of five years imprisonment for whoever diverts a child under 13 years of age without resorting to fraud, violence or threats and a sanction of three years imprisonment if the child is between 13 and 18 years of age. Section 240 also punishes whoever knowingly hides or removes from a search a kidnapped person, while section 250 punishes with ten years imprisonment whoever captures, stops, detains or sequesters a person. The Committee notes the Government’s indication that the combination of these provisions creates a legislative framework that enables the suppression of the sale and trafficking of children, since sale and trafficking necessarily implies either the kidnapping, diversion or displacement of the victim, as well as the victim’s capture, detention or sequestration and the triggering of a search.

Clause (b). Use, procuring or offering of a child for pornography or pornographic performances. In its previous comments, the Committee noted the Government’s indication that section 226bis of the Penal Code, which prohibits public offences against good behaviour or public morals by acts or words or wilful embarrassment of others in a manner that is offensive to decency, is partly a measure intended to prohibit the use, procuring or offering of a child in the pornography industry. It also noted that it is prohibited for any person to publicly draw attention to an occasion on which debauchery is committed by means of written texts, recordings or audio or visual, electronic or visible messages. The Government indicated that the expression “publicly draw attention to an occasion on which debauchery is committed” is directly related to the media referred to in section 226bis of the Penal Code, that is written or audio media, including the Internet, which are of a nature to facilitate incitement to debauchery and that these practices may include pornographic photographs or films, and pornographic performances. The Committee notes the information in the Government’s report that the use, procuring or offering of a child for the production of pornography or pornographic performances are acts which fall within the scope of section 226bis of the Penal Code inasmuch as incitement to paedophilia is one of the worst forms of debauchery referred to in this provision. Furthermore, the Government indicates that, by virtue of section 232(4) of the Penal Code, it is an offence to employ, train or maintain, as well as render, a person into prostitution or debauchery, and that section 233 expressly provides for a sanction of three to five years’ imprisonment if this offence is committed with regard to a minor. The Committee requests the Government to provide information on the practical application of sections 226bis, 232 and 233 of the Penal Code so it can assess if this provision can be applied effectively to prohibit the use, procuring and offering of a child under 18 years for the production of pornography or pornographic performances.

Article 5. Monitoring mechanisms. Sexual exploitation of children and paedophilia over the Internet. The Committee previously noted the Government’s indication concerning the establishment of a specialized unit in the national police to combat the sexual exploitation of children and paedophilia over the Internet, whose officers receive specialized training so that they can perform their duties appropriately. The Committee notes the information in the Government’s report according to which the Child Protection Service, within the Police Administration of the Ministry of Interior and Local Development, is the responsible body for combating sexual exploitation. To this end, the Service is in charge of conducting investigations on crimes related to sexual exploitation at the national level, in coordination with the Monitoring Centre for Cybercrime and the Tunisian office of Interpol, and of taking adequate measures to identify the persons involved in crimes of child exploitation in prostitution or pornography, as well as ensuring border security and prohibiting access in Tunisian territory to suspects. The Committee requests the Government to provide information on the results achieved by the Child Protection Service, particularly in terms of the number of child victims of commercial sexual exploitation which have been identified.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee previously took note of the social action programme established in schools, in the context of which 2,046 social action cells were created, as well as ten mobile units in rural areas. It noted that these cells provide assistance to children in difficulties with a view to ensuring the success of their schooling. The Committee notes the information in the Government’s report, according to which this social action programme currently holds 2,371 cells in charge of children who are at risk of dropping out from school by offering moral support and material assistance. The Government indicates that the interventions conducted by these cells have affected 29,085 children during the 2006–07 school year (according to the latest available statistics). Furthermore, 18,262 students, among which 12,532 were particularly at risk of dropping out, have benefited from assistance provided by these cells.

Clause (b). Assistance for the removal of children from the worst forms of child labour. In its previous comments, the Committee took note of the application of section 46 of the Code for the Protection of the Child by the child protection delegate (DPE), who is allowed to take emergency measures to remove a child who is in a situation of imminent danger from the family or institutional environment which is the cause of the danger. The Committee noted that 90 cases of children engaged in light work were examined by DPEs in 2005, representing 1.6 per cent of all the cases of children under threat dealt with by DPEs in 2005. However, the Committee noted that these statistics do not concern the worst forms of child labour and requested the Government to provide more detailed information on the number of cases of children engaged in the worst forms of child labour dealt with by DPEs. The Committee notes the Government’s indication that the statistics currently provided by the DPEs do not allow for the distinction of cases involving the worst forms of child labour. However, within the framework of the improvement of the data collection and processing system relating to the work of the DPEs, the Ministry of Women, Family, Childhood and Seniors is currently establishing a database which will provide more detailed information on all the types of child labour. The Committee accordingly requests the Government to provide, in its next report, more detailed information on the number of children engaged in the worst forms of child labour dealt with by DPEs.

Clause (e). Special situation of girls. The Committee previously noted that the Information, Training, Documentation and Studies Observatory for the Protection of the Rights of the Child was undertaking a study on the school drop‑out rate of girls in rural areas, the principal objective of which is to map school drop-outs in Tunisia according to the gender and environment of the child. It notes the Government’s indication that this study will be provided to the Office as soon as it is completed. Expressing the hope that it will receive a copy of the study on the school drop-out rate of girls in rural areas with the next report of the Government, the Committee once again requests the Government to provide information on the use to which this study is put in relation to preventing the engagement of girls in the worst forms of child labour.

Article 8. International cooperation and assistance. Cooperation with other countries in combating child prostitution. The Committee previously requested the Government to provide information on cooperation measures with other countries to combat child prostitution and the results achieved. Once again noting the absence of information on this subject in the Government’s report, the Committee again requests the Government to keep it informed of any new developments in this regard and to provide information on the matter in its next report.

Part V of the report form. Practical application of the Convention. The Committee previously noted that the Information, Training, Documentation and Studies Observatory for the Protection of the Rights of the Child established a data collection system “Child-info”, with the establishment of an integrated database on childhood. It also noted that the Observatory has developed child protection indicators and that a list of these indicators would be drawn up by the end of 2007. The Committee notes the information in the Government’s report that a list of 70 indicators on child protection was validated by all the ministries concerned, but that the data necessary for the elaboration of these indicators is not regularly collected. The Government indicates that it must now move on to the operational stage in order for each department to establish the necessary data collection mechanisms, therefore allowing for the elaboration of the validated indicators and their follow-up. The Government adds that it will provide a copy of the list of child protection indicators to the Office as soon as it is adopted. Expressing the hope that it will receive a copy of the study list of child protection indicators with the next report of the Government, the Committee once again requests the Government to provide more detailed information on the statistics collected through “Child-info” with regard to children engaged in the worst forms of child labour.

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

The Committee notes the Government’s report. It requests the Government to provide additional information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes, in addition to the legislative texts to which it referred in its previous comments, sections 237 and 250 of the Penal Code respecting abduction and impairment of individual freedom. However, the Committee notes that no legislative text in Tunisia specifically addresses the sale and trafficking of children. The Committee therefore requests the Government to indicate the manner in which effect is given to these provisions in practice and in which they may be used in the event of the sale or trafficking of children.

Clause (b). The use, procuring or offering of a child for the production of pornography or pornographic performances. With reference to its previous comments, the Committee noted that the various provisions indicated by the Government prohibiting the use, procuring or offering of a child for the production of pornography or for pornographic performances apply in the context of a lawful employment relationship whereas, generally speaking, these activities occur in an illegal setting. The Committee notes Act No. 60-19 of 27 July 1960 issuing regulations on the cinema industry. It also notes the Government’s indications that section 226bis of the Penal Code, which prohibits public offences against good behaviour or public morals by acts or words or wilful embarrassment of others in a manner that is offensive to decency, is partly a measure intended to prohibit the use, procuring or offering of a child in the pornography industry. It further notes that it is prohibited for any person to publicly draw attention to an occasion on which debauchery is committed by means of written texts, recordings or audio or visual, electronic or visible messages. According to the Government’s indications in its report, the expression “publicly draw attention to an occasion on which debauchery is committed” is directly related to the media referred to in section 226bis of the Penal Code, that is written or audio media, including the Internet, which are of a nature to facilitate incitation to debauchery. These practices may include pornographic photographs or films and pornographic performances. The Committee requests the Government to indicate the manner in which these provisions prohibit in practice the use, procuring or offering of a child for the production of pornography or for pornographic performances.

Article 5. Monitoring mechanisms. Sexual exploitation of children and paedophilia over the Internet. The Committee notes the Government’s indications concerning the establishment of a specialized unit in the national police to combat the sexual exploitation of children and paedophilia over the Internet. The officers in this unit receive appropriate and specialized training so that they can discharge their duties appropriately. The Committee requests the Government to provide information on the operation of this specialized unit in practice, and to provide reports on its activities. It also requests the Government to indicate whether the unit has had an impact on the prohibition and elimination of the sexual exploitation of children.

Article 7, paragraph 2. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes the information provided by the Government on the social action programme established in schools, in the context of which 2,046 social action cells have been created, as well as ten mobile units in rural areas. It further notes that the creation is planned in the context of the programme of 14 additional cells to cover all the governorates in Tunisia by 2011. These cells provide assistance to children in difficulties with a view to ensuring the success of their schooling. The Committee requests the Government to provide information on the impact of the social action programme on the school drop-out rate. It also requests the Government to indicate the extent to which the programme contributes to preventing children from being engaged in the worst forms of child labour in practice.

Clause (b). Assistance for the removal of children from the worst forms of child labour. With reference to its previous comments concerning the application of section 46 of the Code for the Protection of the Child by the child protection delegate (DPE), who is allowed to take emergency measures to remove a child who is in a situation of imminent danger from the family or institutional environment which is the cause of the danger, the Committee notes the Government’s indications that 90 cases of children engaged in light work were examined by DPEs in 2005. According to the Government’s indications, these cases represent 1.6 per cent of all the cases of children under threat dealt with by DPEs in 2005. As these statistics do not concern the worst forms of child labour, the Committee requests the Government to provide more detailed information in its next report on the number of cases of children engaged in the worst forms of child labour dealt with by DPEs.

Clause (e). Special situation of girls. With reference to its previous comments, the Committee notes the Government’s indications in its report that the Information, Training, Documentation and Studies Observatory for the Protection of the Rights of the Child is currently undertaking a study on the school drop-out rate of girls in rural areas, the principal objective of which is to map school drop‑outs in Tunisia according to the gender and environment of the child. The Committee requests the Government to provide more detailed information on the use to which this study is put in relation to preventing the engagement of girls in the worst forms of child labour. It also requests the Government to provide the Office with a copy of this study when it has been completed.

Article 8. International cooperation and assistance. 1. Cooperation with third countries in combating child prostitution. The Committee requested the Government previously to provide information on cooperation measures with third countries to combat child prostitution and the results achieved. Noting the absence of information on this subject in the Government’s report, the Committee requests the Government to keep it informed of any new development in this regard and to provide information on the matter as soon as it is available

2. Poverty eradication policy. With reference to its previous comments, the Committee notes the Government’s indications that the State provides subsidies to needy families with dependent children of school age, in addition to the assistance already provided to thousands of families in terms, inter alia, of free care and social security, in accordance with a presidential decision of 15 January 2007. In this respect, needy families now receive 140 dinars a quarter if they do not have children, and 170, 200 and 230 dinars in the case of families with one, two or three dependent children of school age, respectively. The Committee encourages the Government to continue its efforts in the context of its poverty eradication policy with a view to preventing children from being engaged in the worst forms of child labour. It also requests the Government to provide a copy of the presidential decision of 15 January 2007 referred to above.

Part V of the report form. The Committee notes the statistics provided by the Government, according to which 175 infringements relating to child labour have been reported by the labour inspection services, with charges being brought in 48 cases. It notes that none of these infringements concern the worst forms of child labour. However, the Committee notes the Government’s indications that the Information, Training, Documentation and Studies Observatory for the Protection of the Rights of the Child has established a data collection system “Child-info”, with the establishment of an integrated database on childhood. It also notes that the Observatory has developed child protection indicators and that a list of these indicators will be drawn up by the end of 2007. The Committee requests the Government to provide fuller information on the data compiled by “Child-info”, particularly in relation to children engaged in the worst forms of child labour. It also requests the Government to provide the list of child protection indicators when it has been finalized.

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

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. In its previous comments, the Committee noted the creation of an observatory competent in the fields of research, information, training, documentation and investigation for the protection of the rights of the child, and asked the Government to provide information on the research and measures undertaken by the observatory to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the information in the Government’s report that the results of the observatory’s research will be sent to the Office as soon as they are available. It hopes that the Government will be in a position to provide this information on the research in its next report.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee noted previously that national laws and regulations contain no provision expressly banning the sale and trafficking of children under 18 years of age and requested the Government to provide information on the measures taken or envisaged to bring its laws and regulations into line with the Convention on this matter. The Committee notes, that according to the Government, section 19 of the Code for the Protection of the Child prohibits the exploitation of children under 18 years of age in the various forms of organized crime, and section 20 of the Code treats such exploitation as a "difficult situation" jeopardizing the health of the child or his/her physical or moral integrity. It further notes that the Code provides for preventive measures as a means of protecting children against all forms of harm or abuse that threaten their health or their physical or moral integrity. Section 30 of the Code, for example, provides that the delegate responsible for the protection of children intervenes on a preventive basis whenever a child’s health or physical or moral integrity are shown to be under threat or exposed to danger due to the living environment, or to activities or actions undertaken by the child or to various types of ill treatment, particularly in the difficult situations laid down in section 20. Under section 35, the delegate may call a meeting of the child and the parents in order to hear their statements and reply about facts that have been reported. The delegate, also has the authority to conduct investigations and take suitable measures to protect the child. Furthermore, under section 36, in applying the provisions of the Code, delegates have the status of criminal police officers. According to section 46, in the event of imminent danger, they may decide to remove the child from the danger, if necessary calling on the force publique, and take the child to a safe place under their own responsibility, without breaching the privacy of dwellings. Imminent danger means any action or omission that threatens the life or physical or moral integrity of the child in a way which time cannot remedy.

The Committee observes that the protective measures laid down in the Code for the Protection of the Child appear to apply only in the event of negligence or exploitation by one of the parents or someone else responsible for the child. The Committee further observes that, although section 19 prohibits the exploitation of children under 18 years of age in various forms of organized crime, allowing them to be protected against selling and trafficking, the Code appears not to establish a procedure for enforcing the prohibition, in particular because it makes no provision for measures to prosecute and punish persons convicted of this crime. The Committee therefore requests the Government to provide information on the manner in which section 19 of the Code for the Protection of the Child is applied in practice.

Clause (b). Use, procuring or offering of a child for the production of pornography or pornographic performances. In its previous comments, the Committee pointed out that it is not clear that the national legislation prohibits the use of children under 18 years of age for the production of pornography or for pornographic performances, and requested the Government to provide information on the measures taken or envisaged to bring the national legislation into line with the Convention on this matter. In its report, the Government indicates that the prohibition from using, procuring or offering children under 18 years of age for the production of pornography derives from section 3 of the Order of 19 January 2000 issued by the Minister for Social Affairs establishing the conditions for the grant of individual employment permits for children to appear in public performances or participate in cinematographic works, which provides that children may participate only in such performances and such works as are authorized by the competent authorities. Furthermore, section 4 of the Order specifies that no permits may be granted for the participation of children in public performances or cinematographic works that are dangerous or liable to impair their development, morals or school attendance. The Government also indicates that section 4 of the Cinematographic Industry Code (Act No. 60-19 of 27 July 1960) provides that the production or shooting in Tunisia of any cinematographic or television film or sequence of such a film is subject to prior authorization by the minister responsible for culture. While noting this information, the Committee observes that the provisions referred to by the Government apply in the context of a lawful employment relationship, whereas generally speaking, the use, procuring or offering of a child under 18 years of age for the production of pornography or pornographic performances occur in an illegal setting. The Committee requests the Government to indicate how the national legislation allows this provision of the Convention to be applied by prohibiting and punishing the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances. The Government is also asked to provide a copy of Act No. 60-19 of 27 July 1960.

Lastly, the Committee notes that the Decree of 25 April 1940 on offences against morals was repealed by Act No. 2004-73 of 2 August 2004 amending and supplementing the Penal Code in respect of the punishment of offences against morals and sexual harassment (Act No. 2004-73 of 2 August 2004). Under section 226bis, paragraph 2, of the Penal Code, as amended by Act No. 2004-73 of 2 August 2004, it is a punishable offence to draw attention in public to an opportunity to engage in debauchery in written form or by means of recordings or of audio, visual, electronic or optical messages. The Committee requests the Government to provide information on the manner in which section 226bis, paragraph 2, of the Penal Code is applied in practice, and, in particular, to define the expression "draw attention in public to an opportunity to engage in debauchery".

Clause (d). Hazardous work. In its previous comments, the Committee noted that pursuant to section 6 of the Labour Code, the Code appears to apply only to contractual employment relationships, and requested the Government to indicate the measures taken or envisaged to ensure that self-employed workers under the age of 18 years are protected against types of work which, by their nature or the circumstances in which they are carried out, are likely to endanger the health, safety or morals of the young person. The Committee notes the information supplied by the Government to the effect that the age of civil majority in Tunisia is 21 years, which implies that minors are barred from engaging in trading. It also notes that section 6 of the Commercial Code allows minors to engage in trading on an exceptional basis provided they have reached the age of 18 years and have complete emancipation. According to the Government, trading by minors under 18 years of age is among the difficult situations defined in section 20 of the Code for the Protection of the Child, and so warrants intervention by the delegate for the protection of the child. The Committee requests the Government to indicate whether any cases of this nature have been referred to the delegate.

Article 4, paragraph 2. Identification of where hazardous work exists. With reference to its previous comments, the Committee notes the information supplied by the Government to the effect that identification of the whereabouts of the types of hazardous work determined in the Order of 19 January 2000 issued by the Ministry of Social Affairs, is done by labour inspectors and medical inspectors when they visit workplaces and by the reporting of such types of work by trade unions that work with the labour inspectorate. Child protection delegates likewise report to the labour inspectorate any dangerous types of work in which children are employed when they intervene in order to remove children from difficult situations or economic exploitation.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee takes note of the information supplied by the Government concerning the measures which it has taken to protect children and to promote their rights in various areas and which also aim to eliminate the worst forms of child labour.

Article 6, paragraph 2. Consultation with employers’ and workers’ organizations. In its previous comments, the Committee requested the Government to indicate whether employers’ or workers’ organizations are consulted prior to the adoption of action programmes. The Committee notes the Government’s statement that, pursuant to section 3 of Decree No. 2002-574 of 12 March 2002 creating the Higher Council for Children and establishing its duties, membership and operating procedures, the President of the Council may call on any person or organization whose presence is deemed to be useful to the Council.

Article 7, paragraph 2. Time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Further to its previous comments on measures taken by the delegate for child protection to prevent the worst forms of child labour, the Committee takes note of the information supplied by the Government. It notes in particular that to put an end to difficult situations and so prevent the worst forms of child labour, the delegate may: secure psycho-social care for the child and for the family; assist the child in returning to school or in concluding an apprenticeship contract in an organized setting if the child is over 16 years of age; initiate proceedings with the Public Prosecutor; place the child in a foster family or specialized institution. The Committee also notes the information sent by the Government concerning access to free basic education.

Clause (b). Assistance for the removal of children from the worst forms of child labour. With reference to its previous comments, the Committee notes that, according to the Government, the delegate for the protection of the child is responsible for enforcing section 46 of the Code for the Protection of the Child. In addition to prosecution for abuse under the Penal Code, the Code allows the delegate to take emergency measures to remove children who are in imminent danger from the family or institutional environment which is the source of the danger, including calling upon the force publique. The children are then put in a safe place under the delegate’s responsibility, namely a foster family or a specialized centre. The Committee also notes the Government’s statement that the concept of worst forms of child labour being a recent one, the activities reports of child protection delegates contain no information on the reporting of children engaged in the worst forms of labour. The Committee hopes that steps will be taken to raise awareness among child protection delegates and the population in general about the worst forms of child labour. It asks the Government in its next report to provide information on the number of cases of children engaged in worst forms of labour that have been reported.

Clause (e). Special situation of girls. The Committee requested the Government to provide information on the measures taken or envisaged to take into account the special situation of girls in the context of eliminating the worst forms of child labour. It notes in this connection that the national legislation, including the Code on the status of personnel, and the social security legislation, contains measures allowing the status of girls under 18 years of age to be improved.

Article 8. Enhanced international cooperation and/or assistance. 1. Cooperation with third countries in combating child prostitution. Further to its previous comments in which it requested the Government to provide information on measures of cooperation with third countries to combat child prostitution and the results obtained, the Committee notes that, according to the Government, this information will be sent to the Office as soon as it is available.

2. Poverty eradication policy. The Committee noted previously that the Government was implementing a policy to eradicate poverty, based on social assistance and economic integration. It noted also that, according to the Government, the programmes implemented under this policy had enabled the poverty rate to be reduced to 4.2 per cent in 2000 from 6.2 per cent in 1995 and 7.6 per cent in 1990. Noting that no information has been provided on this matter, the Committee again requests the Government to continue to provide information on its poverty eradication policy, particularly on how it is contributing to eliminating the worst forms of child labour.

Part V of the report form. Practical application of the Convention, Further to its previous comments, the Committee notes the Government’s statement that the labour inspection services have reported no offences relating to the employment of children in conditions that are contrary to the provisions of Convention No. 182. It requests the Government to continue to provide copies of the statistics compiled by the labour inspectorate or any other national body, as well as information on the nature, extent and trends of the worst forms of child labour, the number and nature of infringements reported, investigations, prosecutions and convictions reported and the penal sanctions applied.

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

The Committee notes the Government’s first report. It requests the Government to provide information on the following points.

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the information provided by the Government on the establishment of a poverty eradication policy based on social assistance and economic integration. The social assistance consists of the establishment of permanent assistance measures, such as the National Programme of Assistance to Needy Families (PNAFN), aid for schooling (at the beginning of the school and university year, school and university grants), the provision of health care free of charge (or with reduced fees) in public structures based on the family situation of the person concerned, and social assistance for workers who have ceased to work for economic or technical reasons. The Committee also notes that, in the context of economic integration, a mechanism to provide financial support and advice for micro-enterprises and income-generating activities has been established. The Government adds that a national solidarity fund intervenes in the context of multi-sectoral projects carried out in "grey areas" for the provision of credits and grants for the consolidation of income-generating activities in the agricultural sector and craftwork occupations. Through these programmes, according to the Government, it has been possible to reduce the poverty rate to 4.2 per cent in 2000, compared with 6.2 per cent in 1995 and 7.6 per cent in 1990. The Committee requests the Government to continue providing information on the poverty eradication policy, particularly in so far as it contributes to the elimination of the worst forms of child labour.

The Committee notes that an observatory competent in the fields of research, information, training, documentation and investigation for the protection of the rights of the child was established by Decree No. 2002-327 on 14 February 2002. This observatory is under the responsibility of the Ministry of Youth, Childhood and Sports. Its functions include: (a) monitoring the situation with regard to the protection of the rights of the child and compiling data and information on national and international plans in this area, and analysing and storing such data in databanks established for this purpose; (b) carrying out research and assessment and forward-looking studies in relation to the protection of the rights of the child, preparing summary reports and participating in the publication of periodical and ad hoc reviews in this field; (c) facilitating the communication and dissemination of the culture of the rights of the child between the various ministries and structures concerned by the application of the Code for the Protection of the Rights of the Child through interventions in related fields; (d) assisting the authorities in the preparation of policies and programmes to promote the rights of the child, issuing comments on this subject and proposing measures to improve the situation and protection of the rights of the child; and (e) organizing educational and training seminars, meetings and study days, and related events. The Committee requests the Government to provide information on the research work carried out and the measures adopted by the observatory to secure the prohibition and elimination of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. The Committee notes the Government’s indications that section 19 of the Code for the Protection of the Child prohibits the exploitation of children under 18 years of age in the various forms of organized crime. Under section 20 of the Code, difficult situations jeopardizing the health of the child or her or his physical or moral integrity are considered to be exploitation. However, the Committee notes that there is no provision explicitly prohibiting the sale and trafficking of children under 18 years of age. The Committee recalls that, under Article 3 of the Convention, the sale and trafficking of children constitutes one of the worst forms of child labour and that, under Article 1, immediate and effective measures have to be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to provide information on the measures adopted or envisaged to prohibit the sale and trafficking of young persons under 18 years of age with a view to bringing the national legislation into conformity with the Convention.

2. Serfdom. The Committee notes that section 833 of the Code of Obligations and Contracts provides that any contract which engages the services of an individual throughout her or his life or for a period that is so long that it would bind the said person until death, shall be null and void.

3. Slavery and forced or compulsory labour. The Committee notes the Government’s indications that section 1 of the Decree of 28 May 1890 prohibits slavery. It also notes the abolition, by Act No. 89-23 of 27 February 1989, of the penalty of forced labour, and the abolition, by Act No. 95-9 of 23 January 1995, of the penalty of re-educational work, which was included in the accessory penalties established by the Penal Code. Furthermore, Act No. 99-89 of 2 August 1999 deletes the expression "convicted persons shall be compelled to work", which was contained in section 13 of the Penal Code. The Government adds that forced labour is therefore no longer authorized by the legal texts governing labour relations in both the public and private sectors, nor as a disciplinary sanction. The Committee requests the Government to provide a copy of the Decree of 28 May 1890.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 232 of the Penal Code penalizes procuring. Under this section, any person shall be considered to be a procurer who: (1) in any manner whatsoever, aids, protects or knowingly assists in the prostitution of another person or in soliciting with a view to prostitution; (2) in any form whatsoever, shares in the product of the prostitution of another person or receives money from a person habitually engaged in prostitution; (3) knowingly living with a person habitually engaged in prostitution, cannot show sufficient means to provide for her or his own subsistence; (4) procures, abducts, even with her or his consent, a person, even over the age of majority, with a view to prostitution or delivers the said person to prostitution or debauchery; (5) acts as an intermediary, in any manner whatsoever, between persons engaged in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of others. The Committee also notes that, under section 233 of the Penal Code, an attempt to commit such acts shall be penalized and the penalty shall be augmented where the offence involves a minor (a person aged under 20 years, under section 153 of the Code of the Status of Employees).

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee understands that section 12 of the Decree of 25 April 1940 respecting offences against morality establishes penalties against any person who undertakes the production or distribution or who possesses pornographic films featuring minors. It does not appear to be clear, under the terms of the above provision, that the use of young persons under 18 years of age for the production of pornography is prohibited. The Committee requests the Government to provide information on the measures adopted or envisaged to prohibit the use, procuring or offering of a person under 18 years of age for the production of pornography (including films, photographs and magazines) or for pornographic performances. The Committee also requests the Government to provide a copy of the Decree of 25 April 1940 respecting offences against morality.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. Use, procuring or offering of a child for the production and trafficking of drugs. The Committee notes the Government’s indications that section 2 of Act No. 92-52 of 18 May 1992 respecting drugs prohibits the cultivation, consumption, production, harvesting, storage, possession, purchase, transport, dissemination, cession, offering, delivery, trafficking, distribution, trading, import, export, processing or smuggling of natural narcotic plants. The same section provides that any agricultural, industrial or commercial operations related to drugs shall be formally prohibited, with the exception of those permitted by law (in the fields of medicine or scientific research, for example). Section 5 of Act No. 92-52 of 18 May 1992 prohibits the cultivation, possession, sale, distribution, import or export of drugs with the intention of circulating such substances with the exception of the cases permitted by the law. The Committee also notes that section 11(1) of the Act of 18 May 1992 provides that the penalty shall be augmented where the offence is committed against a young person who has not reached 18 years of age, through the mediation of the latter or at the instigation of her or his ascendants, or of a person exercising authority over her or him, within a school, educational, social, sporting, cultural or rehabilitation establishment.

2. Use, procuring or offering of a child for begging. The Committee notes that, under section 171 of the Penal Code, any person who simulates infirmities or wounds with a view to obtaining alms is committing an offence. It also notes that any person who uses a young person under 18 years of age for begging shall be liable to the severest penalty.

Clause (d). Types of hazardous work. The Committee notes that, under section 8 of the Labour Code, a young person under 18 years of age shall not be admitted to types of work which, by their nature or the circumstances in which they are carried out, are likely to endanger the health, safety or morals of the young person. The Committee also observes that, under the terms of section 1, the Labour Code applies "to industrial, commercial, agricultural establishments and their subsidiaries, of any nature whatsoever, whether public or private, religious or lay, even where their vocation is related to welfare. It shall also apply to the liberal professions, crafts establishments, cooperatives, social enterprises, trade unions, associations and groupings, of any nature whatsoever". It further notes that, under the terms of Book I on the establishment of labour relationships, the Labour Code appears only to apply to contractual labour relationships (section 6). The Committee therefore requests the Government to indicate the measures adopted or envisaged to secure the protection of self-employed workers under 18 years of age in respect of types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes that the Order of the Minister of Social Affairs, of 19 January 2000, issued following consultations with employers’ and workers’ organizations, determines the types of work in which it is prohibited to employ young persons under 18 years of age. These types of work include: underground work in mines and quarries; work carried out in sewers, in metal foundries and metallurgy, and in tanneries; work involving the production, transformation and transmission of electricity and energy in any form; work carried out on airport runways; work involving the collection and processing of rubbish; the manufacture and transport of explosives; the manufacture and handling of pesticides; work carried out in tanks or other recipients containing inflammable or toxic gases or vapours; the manufacture and sale of alcoholic drinks; and work in nightclubs, cabarets and bars. It also notes that work requiring the handling of substances referred to in the detailed list of occupational diseases established by Act No. 94-28 of 21 February 1994 are prohibited for persons under 18 years of age. The Committee further notes that section 2 of the Order of the Minister of Social Affairs of 5 May 1988 establishes the maximum weights of loads which may be transported by young workers under 18 years of age. It observes that, under the terms of section 13 of Decree No. 86-433 of 28 March 1966 respecting protection against ionizing radiation, no worker under 18 years of age shall be assigned to a job involving exposure to ionizing radiation.

Article 4, paragraph 2. Identification of where types of hazardous work exist. The Committee notes that the Government’s report does not provide any information on this subject. The Committee recalls that Article 4, paragraph 2, of the Convention provides that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where types of hazardous work exist. The Committee requests the Government to indicate the measures adopted or envisaged to identify, after consultation with the organizations of employers and workers concerned, where the types of hazardous work so determined exist.

Article 4, paragraph 3. Periodical examination and revision of the list of types of hazardous work so determined. The Committee notes that the Government has not provided any information on the periodical examination and revision as necessary, in consultation with the organizations of employers and workers concerned, of the list of hazardous types of work determined in accordance with Article 4, paragraph 1, of the Convention. The Committee requests the Government to indicate the measures adopted or envisaged to examine and revise periodically the list of types of hazardous work.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee notes that, under section 170 of the Labour Code, labour inspectors are responsible for enforcing the application of the provisions of laws, regulations and agreements organizing labour relations or deriving there from. The Committee observes that labour inspectors (section 174 of the Labour Code) may carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the provisions of laws or regulations are being effectively observed, and in particular interrogate the employer or the staff of the enterprise on any matters concerning the application of the provisions of laws, regulations or agreements. In so doing, they may enter freely and without previous notice by day or night any workplace liable to inspection. They may also require the production of any books, registers or documents the keeping of which is prescribed by the labour legislation, and may remove for the purposes of analysis samples of materials and substances used or handled, subject to the employer or his or her representative being notified. It further notes that, under section 181 of the Labour Code, the general directorate of the labour inspection shall prepare at the end of each year a general report containing information on the activities of the services and providing an overview of the observations made by labour inspectors. This report is published by the Minister of Social Affairs within six months of the end of the year in question. The Committee requests the Government to provide information on the inspections carried out by the labour inspectorate to identify any infringements of the national provisions giving effect to the Convention. It also requests the Government to provide copies of reports or other documents produced by the labour inspectorate.

2. Medical labour inspectors. The Committee notes the Government’s indications that, under sections 289 and 290 of the Labour Code, medical labour inspectors, in collaboration with labour inspectors, shall enforce the application of the legislation on occupational safety and health. They are also responsible for compiling statistical data with a view to improving the health and safety protection of workers. The Committee requests the Government to indicate whether medical labour inspectors have compiled statistical data on the number of employment accidents or workers who are the victims of occupational diseases in types of work which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of young persons under 18 years of age and, if so, to provide copies.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indications that the National Children’s Council, established by Decree No. 95-407 of 6 March 1995, is entrusted with assisting the minister responsible for children in the formulation of the Government’s general policy on children. The Committee however notes that section 8 of Decree No. 2002-547, of 12 March 2002, repeals Decree No. 95-407, of 6 March 1995, and replaces the National Children’s Council by the Higher Children’s Council. This latter Council is responsible, among other matters, for monitoring the situation of children in the country, examining and issuing its opinion on national plans relating to children and monitoring their implementation, taking into account national priorities (section 2). The Committee requests the Government to provide information on any programme of action formulated and implemented with a view to eliminating the worst forms of child labour, and on the assessment reports prepared by the Higher Children’s Council.

Article 6, paragraph 2. Consultation with employers’ and workers’ organizations. The Committee notes that the Higher Children’s Council is chaired by the Prime Minister and that its members include a representative of the Tunisian Association for the Rights of the Child, a representative of the National Tunisian Children’s Organization and a representative of the National Tunisian Women’s Union (section 3 of Decree No. 2002-574). The chair of the Council may also call on any person or organization whose presence is deemed useful to assist in its work (section 3 in fine). However, the Committee notes that it is not clearly established that the design and implementation of programmes of action which are adopted to eliminate the worst forms of child labour require the consultation of organizations of employers and workers. The Committee therefore requests the Government to indicate whether employers’ and workers’ organizations are consulted prior to the adoption of such programmes of action.

Article 7, paragraph 1. Penalties. The Committee notes that, under section 232 of the Penal Code, procuring is penalized by a sentence of imprisonment of between one and three years and a fine of between 100 and 500 dinars (between US$80 and US$400). Under section 233 of the Penal Code, the penalty is augmented where the offence is committed against a minor (three to five years of imprisonment and a fine of between 500 and 1,000 dinars). The Committee notes that under section 5 of Act No. 92-52 of 18 May 1992 respecting drugs, any person who cultivates, harvests, produces, stores, possesses, obtains, offers, transports, deals in, purchases, cedes, delivers, distributes, extracts or produces drugs for trafficking, except in the cases permitted by the law, shall be liable to a sentence of imprisonment of between six and ten years and a fine of between 5,000 and 10,000 dinars (around US$4,000 to US$8,000). The act of smuggling, importing or exporting drugs with the intention of their distribution or trafficking is also penalized by a sentence of imprisonment of from ten to 20 years and a fine of between 20,000 and 100,000 dinars (around US$16,000 to US$80,153). Under section 11(1) of the Act of 18 May 1992, the maximum penalty shall be imposed upon any person who has committed any of the offences set forth in section 5 above where the offence is committed against a young person under 18 years of age, through the intervention of the latter or at the instigation of her or his ascendants or of a person exercising authority over her or him, within a school, educational, social, sporting, cultural or rehabilitation establishment. The Committee further observes that any person who engages a young person under 18 years of age in begging shall be liable to one year of imprisonment (section 171 of the Penal Code). The Committee also notes that infringements of the provisions of the Order of the Minister of Social Affairs, of 19 January 2000, establishing the types of work in which the engagement of young persons is prohibited, shall be liable to a fine of between 24 and 60 dinars (approximately US$20 to US$50) (section 2 of the Order, in conjunction with section 234 of the Labour Code). The fine shall be imposed in respect of each worker employed under conditions which are contrary to the provisions of the Order (section 236 of the Labour Code).

Article 7, paragraph 2. Effective and time-bound measures. (a) Prevent the engagement of children in the worst forms of child labour. The Committee notes that section 2 of the Code for the Protection of the Child guarantees children the right to benefit from social, educational and health prevention measures and other measures and procedures intended to protect them from any form of violence, prejudice, physical, psychological or sexual abuse, abandonment or negligence which would give rise to ill treatment or exploitation. Section 30 of the Code provides that the child protection delegate is entrusted with the mission of preventive action in all cases in which it is found that the health of the child or her or his physical or moral integrity are under threat or at risk due to the environment in which she or he lives, or the activities or acts carried out, or by reason of the various types of ill treatment suffered, particularly in the situations of difficulty established in section 20 of the Code.

The Committee observes that, under the terms of section 20 of the Code for the Protection of the Child, the sexual exploitation of a child (that is, acts of prostitution, whether paid or free of charge, direct or indirect, section 25), the exploitation of a child in organized crime, the exposure of a child to begging and her or his economic exploitation, constitute situations of difficulty jeopardizing the health of the child and her or his physical or moral integrity, and require the intervention of the child protection delegate. The Committee notes the Government’s indications that there are currently 24 child protection delegates. Under the terms of section 35, the delegate may convene a child and her or his parents to hear their statements and replies to the reported facts; they are also empowered to undertake investigations and take adequate measures for the good of the child. The Committee requests the Government to provide information on the measures taken by the child protection delegate to prevent the worst forms of child labour.

The Committee notes that education is an absolute national priority and that schooling is compulsory from 6 to 16 years of age (section 1(1) of Framework Act No. 2002-80, of 23 July 2002, respecting education and schooling). Section 4 of this Act provides that the State shall guarantee the right to free schooling in public schools for all those who are of school age. The State provides assistance to pupils belonging to families with low incomes. The Committee also notes that, according to the Government, the school attendance rate for children aged 6 was 99 per cent in 2000. However, the Committee notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.181, 13 June 2002, paragraph 39), expressed concern "at the repetition and drop-out rates, which, while decreasing, continue to pose a significant challenge to the educational system" and expressed concern "at regional disparities in education as well as at the disparity in the illiteracy rate between urban and rural areas as well as gender disparities." Its recommendations to the Government included "to ensure that all children enjoy the right to education" (CRC/C/15/Add.181, op. cit., paragraph 40). Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to provide information on the measures taken to ensure access to free basic education for children throughout the national territory.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes that the child protection delegate may take various measures to remove children from situations of difficulty and provide for their rehabilitation and social integration. For example, it notes that, under section 36 of the Code for the Protection of the Child, the delegate benefits from the status of a criminal investigation officer in the context of the application of the provisions of the Code. In cases of vagrancy, with emergency judicial authorization, the delegate may take urgent measures to place the child in a rehabilitation establishment, shelter, hospital, family, or appropriate social or educational institution or establishment (section 45 of the Code). In cases of imminent danger, the delegate may decide to remove the child from the place of danger using, where necessary, public security forces and placing the child in a safe place under her or his own responsibility, while respecting the inviolability of places of residence (section 46 of the Code). Under the terms of section 46 of the Code, an imminent danger is considered to be any act or omission which threatens the life of the child or her or his physical or moral integrity in a manner which cannot be remedied over time. The Committee requests the Government to provide information on the application in practice of section 46 of the Code for the Protection of the Child respecting the action of the child protection delegate in the event of imminent danger, particularly in relation to the worst forms of child labour.

The Committee notes that the Code for the Protection of the Child has established the duty of notification so as to enable delegates to detect cases in which children are in situations of difficulty. This duty of notification means that all persons are under the obligation to notify the delegate of anything that is such as to constitute a threat to the health of the child, or to her or his physical or moral integrity (section 31). The Committee observes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/TUN 2, written reply dated 20 April 2002, page 15), there were 3,140 notifications in 2000 and 4,179 in 2001. The Committee requests the Government to indicate the number of these notifications which concerned children engaged in the worst forms of child labour.

Clause (d). Children at special risk. The Committee notes that section 6 of the Commercial Code provides that no young person, of either sex, who has reached the age of 18 years may engage in trade or be considered to have attained majority with regard to the commitments made for commercial purposes if she or he has not obtained full emancipation. Sections 158 and 159 of the Code of the Status of Employees provides that a judge may grant a young person over 15 years of age limited or absolute emancipation, and may withdraw it where necessary. The Committee also notes that, under section 2 of the Commercial Code, any person is a trader who, in a professional capacity, undertakes, among other activities: the extraction of raw materials; the production and transformation of manufactured products; the operations of storage or the management of general stores; the land, maritime and air transport of goods and persons; the exploitation of business agencies; the exploitation of enterprises producing public performances; the operation of publicity, publishing, communication and news transmission enterprises. The Committee requests the Government to indicate the measures adopted or envisaged to ensure the protection of traders under 18 years of age against types of work which, by their nature and the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Clause (e). Special situation of girls. The Committee notes that the Government’s report does not contain information on this subject. The Committee requests the Government to provide information on the measures adopted or envisaged to take account of the special situation of girls in the context of the elimination of the worst forms of child labour, in accordance with Article 7, paragraph 2(e), of the Convention.

Article 7, paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes, according to the Government’s indications, that the competent authorities responsible for the implementation of the provisions giving effect to the Convention are the Ministry of Social Affairs and Solidarity, the Ministry of Women’s Affairs, Family and Children, the Ministry of Justice and Human Rights, the Ministry of Employment and the Ministry of Education and Training.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that the Government has not provided any information on this subject in its report. However, it notes that since 1961 Tunisia has been a member of Interpol, which contributes to facilitating cooperation with countries in the region, particularly through the exchange of information to enable them to combat the trafficking of children more effectively. It further notes that Tunisia is part of the Middle East and North Africa subregion. It has been a party to the Convention on the Rights of the Child since 1991 and signed its Optional Protocols (on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography) in 2002. It also ratified in 2003 the United Nations Convention against Transnational Organized Crime (the Palermo Convention) and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. The Committee further notes that section 235 of the Penal Code provides that the penalties established in the case of procuring shall be imposed even where the various acts which constitute the offences were committed in other countries. The Committee requests the Government to provide information on the cooperation measures with third countries to combat child prostitution and the results achieved.

Part V of the report form. The Committee notes that the officials responsible for labour inspection have the function, in addition to the supervision for which they are responsible, of compiling statistics of all types concerning conditions of work and employment in the economic sectors liable to their inspection (section 179 of the Labour Code). The Committee also notes that the Committee on the Rights of the Child, in its concluding observations in June 2002 (CRC/C/15/Add.181, paragraphs 41, 43 and 44), expressed concern at the lack of specific data concerning child labour, and particularly the sexual exploitation of children. The Committee of Experts notes that the Committee on the Rights of the Child therefore recommended the Government to undertake studies with a view to determining the extent of the sexual exploitation of children, including prostitution and pornography, and to implement appropriate policies and programmes for its prevention and for the rehabilitation and reintegration of child victims. The Committee requests the Government to provide copies of the statistics compiled by the labour inspectorate or any other national body, as well as information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions and convictions reported and the penal sanctions applied.