Forced Labour Convention, 1930 (No. 29) - Tunisia (Ratification: 1962)

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee noted previously that Tunisia has become a transit country for migrant workers, often in an irregular situation, from sub-Saharan Africa and also from other countries of the Maghreb. These migrant workers are in a vulnerable situation, which exposes them to labour exploitation, and are therefore at greater risk of falling victim to trafficking. Furthermore, the Committee noted Basic Act No. 2016-61 of 3 August 2016, on the prevention and combating of trafficking, which establishes penalties of up to ten years’ imprisonment for trafficking in persons for sexual exploitation or forced labour. The Committee noted the establishment of the National Authority for the Prevention of Trafficking in Persons, the responsibilities of which include coordinating with the services concerned to provide medical assistance to trafficking victims. In addition, a National Action Plan to prevent and combat trafficking in persons was drawn up in 2015. The Committee therefore requested the Government to provide information on the content and application in practice of the National Action Plan and on the application in practice of Act No. 2016-61.

The Government indicates in its report that, in 2018, 131 victims of trafficking for economic or sexual exploitation were identified. The Committee notes, however, that according to the report of the National Authority for the Prevention of Trafficking in Persons for 2018, 403 victims of trafficking over the age of 18 years were identified, 372 of whom were trafficked for forced labour and 31 for sexual exploitation. Furthermore, the Committee notes that according to an International Organization for Migration (IOM) report on victims of trafficking in persons around the Mediterranean (entitled “Victims of trafficking in the central Mediterranean route: Focus on women from Côte d’Ivoire, from the trafficking in Tunisia to the risk of re-trafficking in Italy”), large numbers of women from Côte d’Ivoire are victims of trafficking for domestic labour and forced labour in Tunisia. These women work long hours with little rest and are frequently victims of abuse and sexual abuse.

The Committee further notes that in its report on the Minimum Age Convention, 1973 (No. 138), the Government indicates that in 2017, the IOM developed a “Manual on the trafficking in persons law in Tunisia”, with a view to facilitating the work of the various stakeholders engaged in combating trafficking in persons in Tunisia. The Committee notes the information provided by the Government in its report of 28 June 2019 to the Human Rights Committee, that the National Authority for the Prevention of Trafficking in Persons provided training to numerous stakeholders, including judges, members of the internal security forces, staff at social care centres and inspectors, on mechanisms for the identification of victims of trafficking in persons (CCPR/C/TUN/6, paragraph 192). The Government also indicates that the National Authority for the Prevention of Trafficking in Persons developed the National Strategy to Combat Trafficking in Persons for the period 2018–23, as well as a plan of action for the period 2017–19 to raise public awareness of the Strategy’s themes. The aims of the National Strategy to Combat Trafficking in Persons include the adoption and implementation of protection measures and mechanisms to assist victims and the establishment of a database on trafficking in persons (CCPR/C/TUN/6, paragraphs 188 and 189). The Committee requests the Government to provide information on the activities carried out in the context of the National Strategy to Combat Trafficking in Persons 2018–23 and the results achieved, including with regard to protecting trafficking victims. It also requests the Government to continue to provide information on the number of investigations, prosecutions and convictions as well as the penalties imposed in trafficking in persons cases under Act No. 2016-61 on the prevention and combating of trafficking.

Article 2(2)(a). Purely military nature of work performed in the context of compulsory military service. For a number of years, the Committee has been requesting the Government to amend its legislation on compulsory national service, the objective of which is to prepare citizens to defend the country and participate in its overall development (Act No. 2004-1 and Decree No. 2004-516 of 2004). Under this legislation, conscripts may, at their request, be assigned to non-military work in units of the internal security forces, administrations or enterprises. The Committee has underscored in this regard that, although the legislation grants conscripts the possibility of opting for work of a non-military nature in the context of national service, this choice is made within the context and on the basis of compulsory national service as provided for by law. The existence of such a choice is not sufficient to obscure the fact that the persons concerned are mobilized for one year in the framework of a statutory national service obligation, without necessarily performing work related to the need to ensure national defence, which is at the basis of the exception envisaged by Article 2(2)(a).

The Committee notes the Government’s indication that it will provide the requested information to the Office as soon as possible. The Committee wishes to recall that in order to fall within the scope of the exception to forced labour envisaged under Article 2(2)(a) of the Convention, compulsory national service must not constitute a means of contributing to the country’s economic and social development. The Committee once again requests the Government to take the necessary measures to ensure that work carried out in the context of compulsory national service is limited to work of a purely military nature, in accordance with Article 2(2)(a) of the Convention. Meanwhile, the Committee requests the Government to provide information on the number of persons who perform their national service in armed forces units each year and the number of persons performing their national service outside such units, indicating, for the same reference year, the number of persons who applied to the Ministry of National Defence to perform national service outside armed forces units.

Article 2(2)(c). Community service. The Committee noted previously that a sentence of community service is an alternative to imprisonment, which must be handed down in the presence of the convicted person, who has the right to refuse the community service. It noted that the entities within which the work may be performed include charitable or aid associations, associations of benefit to the nation and environmental protection associations. The Committee asked the Government to provide information on the associations authorized to receive persons sentenced to community service and on the types of work carried out by those persons.

The Committee notes the Government’s indication that the sentencing court is free to determine the establishment in which the community service will be carried out, provided that it is a public establishment, a local community, charitable or aid association, an association of benefit to the nation or an environmental protection association, under the terms of section 17 of the Penal Code. There is no predefined list of associations. The Committee requests the Government to provide examples of associations that have already received persons sentenced to community service and examples of the work carried out by those persons for those associations.

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

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. In its previous comments, the Committee observed that, in view of its geographical proximity to Italy and the political events in the region, Tunisia has become a transit country for migrant workers, often in an irregular situation, from sub Saharan Africa and also from other countries of the Maghreb. These migrant workers are in a vulnerable situation, which exposes them to labour exploitation, and are therefore at greater risk of falling victim to trafficking. The Committee therefore asked the Government to take the necessary steps to adopt legislation on trafficking in persons and to raise awareness of this practice among the general public, particularly the population groups at risk.

The Committee notes with interest the adoption of Act No. 2016-61 of 3 August 2016, on the prevention and combating of trafficking. It notes in particular that the Act defines in detail what constitutes the crime of trafficking in persons for sexual exploitation or forced labour and establishes penalties of up to ten years’ imprisonment (section 8). Entities that engage in trafficking may incur a fine equal to the value of the benefits obtained through trafficking of persons. They may also be banned from exercising their activities for a period of five years or be dissolved (section 20). The Committee also notes that the National Authority for Combating Trafficking in Persons has been established at the Ministry of Justice. This body is responsible, among other things, for coordinating with the entities concerned the provision of medical assistance to trafficking victims. Where necessary, the victims receive free care and treatment in public health establishments (section 59). They may also receive legal aid (section 62).

The Committee also notes the Government’s indication that a National Action Plan to prevent and combat trafficking in persons was drawn up in 2015. The Committee requests the Government to provide information on the content and application in practice of the 2015 National Action Plan to prevent and combat trafficking in persons, indicating the results achieved. The Committee also requests the Government to provide information on the application in practice of Basic Act No. 2016-61 of 3 August 2016, on the prevention and combating of trafficking, indicating the number of investigations, prosecutions and convictions for trafficking in persons for sexual exploitation and labour exploitation, and also the specific penalties imposed on offenders.

Article 2(2)(a). Purely military character of work performed in the context of compulsory military service. In its previous comments, the Committee emphasized that compulsory national service, the aim of which is to prepare citizens to defend their country and to participate in its overall development (Act No. 2004-1 and Decree No. 2004-516 of 2004), is based on a concept of military service that is too broad to be covered by the exception to forced labour allowed by Article 2(2)(a) of the Convention. Accordingly, in the context of compulsory national service, conscripts may be called upon to perform active military service (which responds to the needs of the national armed forces) or may be assigned, at their request, to non-military work in units of the internal security forces, administrations or enterprises. The Committee has acknowledged that, to a certain extent, the legislation grants conscripts the possibility of opting for work of a non-military nature in the context of national service. However, the choice is made within the context and on the basis of compulsory national service, as envisaged by law. The existence of such a choice is not sufficient to obscure the fact that the persons concerned are mobilized for one year in the framework of a statutory national service obligation, without necessarily performing work related to the need to ensure national defence, which is at the basis of the exception envisaged by Article 2(2)(a).

The Committee notes the lack of information from the Government on this issue. The Committee requests the Government to take the necessary steps to ensure that the work imposed in the context of compulsory national service corresponds to the types of work authorized as exceptions in Article 2(2)(a) of the Convention. The Committee also requests the Government to continue providing information on the number of persons who annually perform their national service in units of the armed forces, compared with the number of those serving outside such units, indicating, for the same reference year, the number of persons who applied to the Ministry of National Defence to perform national service outside the units of the armed forces.

Article 2(2)(c). Community service. In its previous comments, the Committee noted that section 15ter of the Penal Code provides for a sentence of community service as an alternative to imprisonment. This sentence must always be handed down in the presence of the convicted person, who has the right to refuse the community service. The entities within which the work may be performed are public establishments or local communities, charitable or aid associations, or associations of benefit to the nation and environmental protection associations. The Committee asked the Government to provide information on these associations and on the types of work carried out in the framework of community service.

The Committee notes the Government’s indication that it will send the requested information once it is available. The Committee requests the Government once again to provide information on the associations that are allowed to take on persons sentenced to community service and on the types of work carried out for these associations in this regard.

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

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

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. In its previous comments, the Committee observed that, in view of its geographical position close to Italy, and the political events in the region, Tunisia has become a transit country for migrant workers, often in an irregular situation, from sub-Saharan Africa, as well as from other countries of the Maghreb. These migrant workers are vulnerable, which exposes them to situations of labour exploitation, and are therefore at greater risk of being victims of trafficking. The Committee therefore requested the Government to take the necessary measures to adopt legislation on trafficking in persons and to raise awareness of this phenomenon among the public, and particularly among the population at risk.

The Committee notes with regret that the Government has not provided any information in its latest report on the measures adopted or envisaged to prevent and combat trafficking in persons. It nevertheless observes that Tunisia is engaged in a number of activities in this respect in cooperation with the International Organization for Migration. In June 2013, a Baseline study on trafficking in persons in Tunisia was published which examines in detail the characteristics and modalities of trafficking in persons in the country and the action taken by the Government in response, and sets out a number of recommendations to improve measures to combat trafficking and protect victims. The study shows that Tunisia is affected by trafficking in persons as a source, destination and a potential transit country. Although on the national territory the victims are mainly children, Tunisian women are exploited sexually abroad, mainly in the Gulf countries, Lebanon and West Africa, and Tunisian men have been identified as victims of trafficking for forced labour in Europe.

The Committee requests the Government to provide detailed information in its next report on the measures taken to supplement its penal legislation so as to determine the elements which constitute the crime of trafficking in persons and to provide for adequate penal sanctions. Please also indicate the measures taken with a view to establishing a framework for national action so that coordinated measures can be taken to combat trafficking in persons, covering the following aspects:

• – awareness-raising activities concerning the phenomenon of trafficking;
• – training activities for the actors concerned and capacity building for law enforcement authorities (labour inspection, the police, the Ministry of the Interior and judges);
• – measures to facilitate the identification of victims and their protection so as to enable victims to have access to justice and to assert their rights.

Article 2(2)(a). Purely military character of work performed in the context of compulsory military service. In its previous comments, the Committee emphasized that compulsory national service, the aim of which is to prepare citizens to defend their country and to participate in the overall development of the country (Act No. 2004-1 and Decree No. 2004-516 of 2004), is based on a concept of military service that is too broad to be covered by the exception to forced labour allowed by Article 2(2)(a) of the Convention. Accordingly, in the context of compulsory national service, conscripts may be called upon to perform active military service (which responds to the needs of the national armed forces), or may be assigned, at their request, to non-military work in units of the internal security forces, administrations or enterprises. The Committee has acknowledged that, to a certain extent, the legislation grants conscripts the possibility of opting for work of a non military nature in the context of national service. However, the choice is made within the context and on the basis of compulsory national service, as envisaged by law. The existence of such a choice is not sufficient to obscure the fact that the persons concerned are mobilized for one year in the framework of a statutory national service obligation, without necessarily performing work related to the need to ensure national defence, which is at the basis of the exception envisaged by Article 2(2)(a) of the Convention.

The Committee notes that, according to the data provided by the Government, in 2011 a total of 10,250 conscripts were assigned to units of the armed forces, compared with 2,220 who benefited from individual assignment outside the armed forces (or more than 20 per cent). In light of the foregoing, the Committee requests the Government to take the necessary measures to ensure that the work imposed in the context of compulsory national service corresponds to the types of work authorized within the meaning of the exceptions set out in Article 2(2)(a) of the Convention. In this connection, please continue to provide information on the number of persons who annually perform their national service in units of the armed forces, compared with the number of those serving outside such units, with an indication for the same reference year of the number of persons who applied to the Ministry of National Defence to perform national service outside the units of the armed forces.

Article 2(2)(c). Community work. The Committee notes that section 15ter of the Penal Code provides for a sentence of community work as an alternative to imprisonment. This sentence must always be handed down in the presence of the convicted person, who has the right to refuse the community work. The entities within which the work may be performed are public establishments or local communities, charitable or aid associations, or associations of benefit to the nation and environmental protection associations. The Committee has recalled in this respect that, where community work may be performed for private bodies, including charitable associations or institutions, it seeks assurances that the practical arrangements for such work are sufficiently closely supervised to ensure that the work performed is of real benefit to the community and that the body for which the work is carried out is a non-profit-making organization. Under these circumstances, the Committee once again requests the Government to provide information on the associations that are allowed to take on persons sentenced to community work and on the types of work carried out for these associations.

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

The Committee notes the statistical data provided by the Government concerning the applications to resign submitted by public servants to public bodies.

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. In its previous comments, the Committee observed that, in view of its geographical position close to Italy, and the political events in the region, Tunisia has become a transit country for migrant workers, often in an irregular situation, from sub-Saharan Africa, as well as from other countries of the Maghreb. These migrant workers are vulnerable, which exposes them to situations of labour exploitation, and are therefore at greater risk of being victims of trafficking. The Committee therefore requested the Government to take the necessary measures to adopt legislation on trafficking in persons and to raise awareness of this phenomenon among the public, and particularly among the population at risk.

The Committee notes with regret that the Government has not provided any information in its latest report on the measures adopted or envisaged to prevent and combat trafficking in persons. It nevertheless observes that Tunisia is engaged in a number of activities in this respect in cooperation with the International Organization for Migration. In June 2013, a Baseline study on trafficking in persons in Tunisia was published which examines in detail the characteristics and modalities of trafficking in persons in the country and the action taken by the Government in response, and sets out a number of recommendations to improve measures to combat trafficking and protect victims. The study shows that Tunisia is affected by trafficking in persons as a source, destination and a potential transit country. Although on the national territory the victims are mainly children, Tunisian women are exploited sexually abroad, mainly in the Gulf countries, Lebanon and West Africa, and Tunisian men have been identified as victims of trafficking for forced labour in Europe.

The Committee requests the Government to provide detailed information in its next report on the measures taken to supplement its penal legislation so as to determine the elements which constitute the crime of trafficking in persons and to provide for adequate penal sanctions. Please also indicate the measures taken with a view to establishing a framework for national action so that coordinated measures can be taken to combat trafficking in persons, covering the following aspects:

• – awareness-raising activities concerning the phenomenon of trafficking;
• – training activities for the actors concerned and capacity building for law enforcement authorities (labour inspection, the police, the Ministry of the Interior and judges);
• – measures to facilitate the identification of victims and their protection so as to enable victims to have access to justice and to assert their rights.

Article 2(2)(a). Purely military character of work performed in the context of compulsory military service. In its previous comments, the Committee emphasized that compulsory national service, the aim of which is to prepare citizens to defend their country and to participate in the overall development of the country (Act No. 2004-1 and Decree No. 2004-516 of 2004), is based on a concept of military service that is too broad to be covered by the exception to forced labour allowed by Article 2(2)(a) of the Convention. Accordingly, in the context of compulsory national service, conscripts may be called upon to perform active military service (which responds to the needs of the national armed forces), or may be assigned, at their request, to non-military work in units of the internal security forces, administrations or enterprises. The Committee has acknowledged that, to a certain extent, the legislation grants conscripts the possibility of opting for work of a non-military nature in the context of national service. However, the choice is made within the context and on the basis of compulsory national service, as envisaged by law. The existence of such a choice is not sufficient to obscure the fact that the persons concerned are mobilized for one year in the framework of a statutory national service obligation, without necessarily performing work related to the need to ensure national defence, which is at the basis of the exception envisaged by Article 2(2)(a) of the Convention.

The Committee notes that, according to the data provided by the Government, in 2011 a total of 10,250 conscripts were assigned to units of the armed forces, compared with 2,220 who benefited from individual assignment outside the armed forces (or more than 20 per cent). In light of the foregoing, the Committee requests the Government to take the necessary measures to ensure that the work imposed in the context of compulsory national service corresponds to the types of work authorized within the meaning of the exceptions set out in Article 2(2)(a) of the Convention. In this connection, please continue to provide information on the number of persons who annually perform their national service in units of the armed forces, compared with the number of those serving outside such units, with an indication for the same reference year of the number of persons who applied to the Ministry of National Defence to perform national service outside the units of the armed forces.

Article 2(2)(c). Community work. The Committee notes that section 15ter of the Penal Code provides for a sentence of community work as an alternative to imprisonment. This sentence must always be handed down in the presence of the convicted person, who has the right to refuse the community work. The entities within which the work may be performed are public establishments or local communities, charitable or aid associations, or associations of benefit to the nation and environmental protection associations. The Committee has recalled in this respect that, where community work may be performed for private bodies, including charitable associations or institutions, it seeks assurances that the practical arrangements for such work are sufficiently closely supervised to ensure that the work performed is of real benefit to the community and that the body for which the work is carried out is a non-profit-making organization. Under these circumstances, the Committee once again requests the Government to provide information on the associations that are allowed to take on persons sentenced to community work and on the types of work carried out for these associations.

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

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. In response to the Committee’s request for information on trafficking in Tunisia and the measures it has taken in response, the Government indicates that the trafficking of persons is not a worrying phenomenon and that Tunisia is not under direct threat from this scourge. The Government has nevertheless undertaken to set up an adequate legal framework to combat such trafficking effectively and to support international efforts to halt the scourge. The Committee takes note of this information and observes that the Government already indicated in October 2010, in reporting to the United Nations Committee on the Elimination of All Forms of Discrimination against Women, that a bill against the trafficking of women was under study and that a national action plan was also envisaged. It also notes that the abovementioned committee expressed concern at the lack of precise information from the Government on trafficking of persons and on the prosecution and punishment of trafficking and the protection of victims (CEDAW/C/TUN/CO/6, 22 October 2010). The Committee observes that Tunisia has always been a country of migration to Europe and, because of its geographical proximity to Italy, has also become a transit country for migrant workers, often in an irregular situation, from sub-Saharan Africa as well as from other countries of the Maghreb. These migrant workers are often vulnerable, being exposed to situations in which their labour is exploited, and are therefore at greater risk of falling prey to trafficking. In these circumstances, the Committee hopes that the Government will take the necessary measures to adopt legislation on trafficking in persons and to raise awareness about the phenomenon among the public, and particularly among the population at risk. Please also indicate the measures taken for the adoption of a national action plan that covers activities to raise awareness about trafficking and to train those concerned, capacity-building measures for law enforcement authorities and measures to protect victims and enable them to assert their rights.

2. Freedom of state employees to leave their employment. With reference to its previous comments, the Committee notes the information provided by the Government to the effect that according to the Ministry of National Defence, the administrative tribunals have heard no complaints concerning decisions to refuse applications to resign filed by public officers, in so far as applications of this kind are always accepted. Recalling that although the legislation does not expressly guarantee that public officers, both civilian and military, may resign from their employment within reasonable time limits, according to the information supplied by the Government in its recent reports, in practice, applications to resign raise no problems and are accepted. The Committee accordingly requests the Government to continue to provide information in future reports on the number, if any, of applications to resign that have been refused and the number of complaints filed as a consequence by public officers, both civilian and military, with the administrative tribunals or the joint administrative committees.

Article 2(2)(a). Purely military character of work carried out in the context of compulsory military service. The Committee recalls that the legislation on compulsory national service (Act No. 2004-1 of 14 January 2004 and Decree No. 2004-516 of 9 March 2004) is based on a concept of military service that is too broad to be covered by the exception to forced labour allowed by Article 2(2)(a) of the Convention. Accordingly, national service, the aim of which is to prepare citizens to defend their country and to participate in the overall development of the country, may take the form of active military service that is intended to respond to the needs of the national army, or the form of national service outside units of the armed forces that is intended to respond to overall defence needs and the imperatives of national solidarity. In this latter form, the conscripts concerned are assigned either to units of the internal security forces, or to administrations and enterprises in the context of individual assignments or within the framework of technical cooperation. Those wishing to perform national service outside the units of the armed forces submit an application to the Ministry of National Defence, which may be accepted once the needs of the national army have been met. Individual assignments are to the administration or the enterprise in which the conscript concerned is already engaged. These conscripts maintain their wages subject to a contribution to the National Service Fund (30–50 per cent of the wage).

The Committee acknowledged that, to a certain extent, the legislation grants conscripts the possibility of opting for work of a non-military nature in the context of national service; however, the choice is made within the context and on the basis of compulsory national service as envisaged by law. The existence of such a choice is not sufficient to obscure the fact that the persons concerned are mobilized for one year in the framework of a statutory national service obligation, without necessarily performing work related to the need to ensure national defence, which objective is at the basis of the exception allowed by Article 2(2)(a) of the Convention.

The Committee notes that in its latest report the Government states that in 2011 the number of conscripts serving in units of the armed forces stood at 8,232 and the number of those serving outside the armed forces in the context of individual assignments stood at 1,753. The Committee hopes that the Government will be able to review the actual concept of military service in the light of the foregoing developments, and in the meantime requests it to continue to provide information on the number of persons who annually perform their national service in units of the armed forces as compared to the number of those serving outside such units (distinguishing between individual assignments and technical cooperation), specifying, for the same reference year, the number of persons who applied to the Ministry of National Defence to perform national service outside the units of the armed forces.

Article 2(2)(c). Community work. The Committee notes that in its report the Government states that Act No. 2009-68 of 12 August 2009 on punitive damages and alternatives to prison sentences has introduced a degree of flexibility in the regime to enforce the penalty of community work so as to broaden its scope and extend its coverage. The Government states that the courts are resorting more and more to this penalty as an alternative to imprisonment. The Committee points out that when a sentence of community work is passed, the accused must be present in court and must be informed of his right to refuse community work. Furthermore, the entities in which the work may be performed remain the same, namely: public establishments or local communities, charitable or aid associations or associations of benefit to the nation and environmental protection associations.

The Committee recalls that where community work may be performed for private bodies, including charitable associations or institutions, it seeks assurance that the practical arrangements for such work are sufficiently closely supervised to ensure that the work performed is of real benefit to the community and that the body for which the work is done is a non-profit-making organization. In these circumstances, the Committee requests the Government to provide information on the associations that are allowed to take on persons sentenced to community work and on the types of work carried out for these associations.

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

Articles 1(1) and 2(1) of the Convention. 1. Freedom of state employees to leave their employment. For many years, the Committee has been noting that the legislation does not explicitly guarantee that state employees, both civilian and military, may resign from their employment within reasonable time limits. The Committee requested the Government to provide information on the manner in which requests by state employees to resign are treated in practice. The Committee noted the Government’s confirmation that cases of the rejection of resignation requests by civilian or military employees are rare and that no recourse procedures have been lodged with the administrative tribunal for abuse of power against an implicit or explicit decision to reject a resignation request. The Committee requests the Government to continue providing information in future reports on any recourse procedures lodged against a decision to reject a resignation request both with the administrative tribunals and with joint administrative commissions and, where appropriate, to provide copies thereof.

2. Trafficking in persons. The Committee observes from the information provided previously by the Government in reply to its general observation on the measures adopted to prevent, repress and punish trafficking in persons that the national legislation does not appear to contain provisions explicitly incriminating trafficking in persons. The Committee asks the Government to indicate whether specific legislation has been adopted in this respect. Please also provide information on the phenomenon of trafficking in Tunisia and, where appropriate, specify the difficulties encountered by the public authorities in apprehending and punishing those responsible for the recruitment and movement of persons with a view to the exploitation of their labour or sexual exploitation, and the measures adopted to overcome such difficulties.

Article 2(2)(a). Purely military character of work carried out in the context of compulsory military service. In its last comment, the Committee emphasized that the legislation relating to compulsory national service (Act No. 2004-1 of 14 January and Decree No. 2004-516 of 9 March 2004) is based on a concept of military service that is too broad to be covered by the exception to forced labour provided for under Article 2(2)(a) of the Convention. Accordingly, national service, the aim of which is to prepare citizens to defend their country and to participate in the global development of the country, may take the form of active military service intended to respond to the needs of the national army or the form of national service outside units of the armed forces intended to respond to overall defence needs and the imperatives of national solidarity. In this latter form, those concerned are assigned either to units of the internal security forces, or to administrations and enterprises in the context of individual assignments or within the framework of technical cooperation. Those who wish to perform national service outside the units of the armed forces submit an application to the Ministry of National Defence. The Committee acknowledged that, to a certain extent, the legislation grants conscripts the possibility of opting for work of a non-military nature in the context of national service. However, this choice is made within the context and on the basis of compulsory national service as envisaged by the law. The existence of such a choice is not sufficient to obscure the fact that the persons concerned are mobilized for one year in the framework of a statutory national service obligation, without necessarily performing work related to the need to ensure national defence, which objective is at the basis of the exception allowed by Article 2(a).

In its last report, the Government confirms that the individual assignment of conscripts is undertaken on a voluntary basis, as it is based on a prior request by the person concerned, which has to be accepted by the administration once the needs of the national army have been met. Individuals are assigned to the administration or enterprise in which they are already engaged. They maintain their wages, subject to the contribution paid to the national service fund (30 to 50 per cent of the wage). The Committee notes this information. It once again requests the Government to indicate the number of persons who carry out their national service each year in units of the armed forces in comparison with those who carry out their service outside such units, and to specify individual assignments to technical cooperation. Please also specify for the same reference year the number of persons who submitted a request to the Ministry of National Defence to perform national service outside the units of the armed forces.

Article 2(2)(c). Community work. In its previous comments, the Committee noted that, under section 17 of the Penal Code, a sentence of community work may be carried out with charitable or aid associations, associations of benefit to the nation or environmental protection associations. It requested the Government to provide the list of associations authorized to receive persons sentenced to the penalty of community work, together with examples of the work carried out for the benefit of such associations. In its last report, the Government indicates that there is no nominative list of associations already established. The magistrate responsible for the implementation of sentences has a certain flexibility when deciding upon the establishment in which the convict shall perform the community work so as to safeguard the rights of convicts.

The Committee recalled that, where community work may be performed for private bodies, including charitable associations or institutions, it seeks assurance that the practical arrangements for such work are sufficiently closely supervised to ensure that the work performed is of real benefit to the community and that the body for which the work is done is a non-profit-making organization. Under these conditions, the Committee requests the Government to indicate whether the courts have already handed down sentences of community work and, if so, to specify the associations which have already received persons sentenced to this penalty, together with examples of the work carried out.

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

Articles 1(1) and 2(1) of the Convention. 1. Freedom of state employees to leave their employment. For many years, the Committee has been noting that the legislation does not explicitly guarantee that state employees, both civilian and military, may resign from their employment within reasonable time limits. The Committee requested the Government to provide information on the manner in which requests by state employees to resign are treated in practice. The Committee notes the Government’s confirmation in its latest report that cases of the rejection of resignation requests by civilian or military employees are rare and that no recourse procedures have been lodged with the administrative tribunal for abuse of power against an implicit or explicit decision to reject a resignation request. The Committee requests the Government to continue providing information in future reports on any recourse procedures lodged against a decision to reject a resignation request both with the administrative tribunals and with joint administrative commissions and, where appropriate, to provide copies thereof.

2. Trafficking in persons. The Committee observes from the information provided previously by the Government in reply to its general observation on the measures adopted to prevent, repress and punish trafficking in persons that the national legislation does not appear to contain provisions explicitly incriminating trafficking in persons. The Committee asks the Government to indicate whether specific legislation has been adopted in this respect. Please also provide information on the phenomenon of trafficking in Tunisia and, where appropriate, specify the difficulties encountered by the public authorities in apprehending and punishing those responsible for the recruitment and movement of persons with a view to the exploitation of their labour or sexual exploitation, and the measures adopted to overcome such difficulties.

Article 2(2)(a). Purely military character of work carried out in the context of compulsory military service. In its last comment, the Committee emphasized that the legislation relating to compulsory national service (Act No. 2004-1 of 14 January and Decree No. 2004-516 of 9 March 2004) is based on a concept of military service that is too broad to be covered by the exception to forced labour provided for under Article 2(2)(a) of the Convention. Accordingly, national service, the aim of which is to prepare citizens to defend their country and to participate in the global development of the country, may take the form of active military service intended to respond to the needs of the national army or the form of national service outside units of the armed forces intended to respond to overall defence needs and the imperatives of national solidarity. In this latter form, those concerned are assigned either to units of the internal security forces, or to administrations and enterprises in the context of individual assignments or within the framework of technical cooperation. Those who wish to perform national service outside the units of the armed forces submit an application to the Ministry of National Defence. The Committee acknowledges that, to a certain extent, the legislation grants conscripts the possibility of opting for work of a non-military nature in the context of national service. However, this choice is made within the context and on the basis of compulsory national service as envisaged by the law. The existence of such a choice is not sufficient to obscure the fact that the persons concerned are mobilized for one year in the framework of a statutory national service obligation, without necessarily performing work related to the need to ensure national defence, which objective is at the basis of the exception allowed by Article 2(a).

In its latest report, the Government confirms that the individual assignment of conscripts is undertaken on a voluntary basis, as it is based on a prior request by the person concerned, which has to be accepted by the administration once the needs of the national army have been met. Individuals are assigned to the administration or enterprise in which they are already engaged. They maintain their wages, subject to the contribution paid to the national service fund (30 to 50 per cent of the wage). The Committee notes this information. It once again requests the Government to indicate the number of persons who carry out their national service each year in units of the armed forces in comparison with those who carry out their service outside such units, and to specify individual assignments to technical cooperation. Please also specify for the same reference year the number of persons who submitted a request to the Ministry of National Defence to perform national service outside the units of the armed forces.

Article 2(2)(c). Community work. In its previous comments, the Committee noted that, under section 17 of the Penal Code, a sentence of community work may be carried out with charitable or aid associations, associations of benefit to the nation or environmental protection associations. It requested the Government to provide the list of associations authorized to receive persons sentenced to the penalty of community work, together with examples of the work carried out for the benefit of such associations. In its latest report, the Government indicates that there is no nominative list of associations already established. The magistrate responsible for the implementation of sentences has a certain flexibility when deciding upon the establishment in which the convict shall perform the community work so as to safeguard the rights of convicts.

The Committee recalls that, where community work may be performed for private bodies, including charitable associations or institutions, it seeks assurance that the practical arrangements for such work are sufficiently closely supervised to ensure that the work performed is of real benefit to the community and that the body for which the work is done is a non-profit-making organization. Under these conditions, the Committee requests the Government to indicate whether the courts have already handed down sentences of community work and, if so, to specify the associations which have already received persons sentenced to this penalty, together with examples of the work carried out.

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

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. Freedom of State employees to terminate their employment. For many years, the Committee has noted that it is not clear from the relevant legal provisions, or from the information provided by the Government on their practical application, whether State employees (civilian and military) may resign within reasonable time limits (section 77 of Act No. 83-112 of 12 December 1983 issuing the general conditions of service of employees of the State, local communities and public administrative institutions; section 45 of Act No. 67-29 of 14 July 1967 concerning the organization of the judiciary; and section 27 of Act No. 67-20 of 31 May 1967 issuing the general conditions of service of members of the armed forces). The Committee noted that appeal procedures are open to officials affected by a tacit or explicit decision refusing their request for resignation (Prime Minister’s Circular No. 3 of 31 January 1984 regarding the procedure for applying the provisions of the general conditions of service of employees of the State, local communities and public administrative institutions). The Committee therefore requested the Government to provide information on the manner in which the appeals procedure was conducted and its length, both with respect to the joint administrative committees or administrative tribunals, in order to ensure that officials might leave their posts within reasonable time limits without having to abandon their posts and suffer the consequent repercussions.

The Committee notes that, in its report received on 30 August 2007, the Government indicates that the administrative court competent to rule on the legality of administrative decisions, when considering an appeal lodged by officials, tried to reconcile the interests of officials who wanted to leave their post as soon as possible with those of the public service requiring continuity. The Government indicates that the courts are bound to hand down their decision within a reasonable time period, which time varies depending on the evidence and documents included in the files. It is therefore not possible to impose a specific and standard time on them to make a ruling. The Committee takes note of this information and hopes that the Government will provide, in its next reports, information on the number of appeals on grounds of exceeding authority lodged by officials to the administrative courts against tacit or explicit decisions refusing their request for resignation. The Government is asked to provide, by way of example, a copy of some of these decisions.

As regards requests for resignation by military personnel, the Government indicates that the granting of these requests is not subject to any condition. Military personnel are able to leave their posts and, in the majority of cases, the time limit does not exceed 30 days from the time they submit their request. The Ministry of National Defence only retains a member of the military personnel wishing to resign in a state of emergency or in the event of collective resignations. The Government also points out that an examination of administrative disputes reveals that there have been no rulings on the grounds of exceeding authority in the case of resignations of military personnel. The Committee takes note of this information and requests the Government to provide information, in its future reports, on any changes that might occur in the way the military authorities handle requests for resignation from military personnel.

Article 2, paragraph 2(a). Purely military character of work carried out in the context of compulsory military service. For many years, the Committee has drawn the Government’s attention to the need to amend the legislation relating to compulsory national service under which, contrary to this provision of the Convention, conscripts may be called upon to do work which is not purely of a military character. In its last direct request, the Committee noted that, despite its previous comments, the new legislation adopted in 2004 (Act No. 2004-1 of 14 January) was still based on a concept of military service that was too broad to be covered by the exception to forced labour provided under Article 2, paragraph 2(a), of the Convention. According to this legislation, any citizen of 20 years of age must carry out national service of one year’s duration, of which the aim is to prepare the citizen to defend his country and to participate in the global development of the country, as well as to contribute to the dissemination of peace in the world. National service may take the form of active military service of the needs of the national army or of national service outside the armed forces’ units intended to meet the needs of global defence and the imperatives of national solidarity. In the second case, the conscripts are assigned either to armed security forces’ units or to administrations and enterprises, as individual assignments or within the framework of technical cooperation.

The Committee requested the Government to provide information on the way in which, in practice, the conscripts are assigned to one or other form of national service. It notes the adoption of Decree No. 2004-516 of 9 March 2004 establishing procedures for conscripts to carry out national service outside units of the armed forces. It observes that under section 3 of this Decree, conscripts wishing to carry out national service outside units of the armed forces may submit a request to the Ministry of National Defence. The Minister of National Defence then takes a decision on the matter, after ensuring that the needs of the national army have been met. The conscripts appointed to carry out their national service in the form of individual assignments in administrations and enterprises pay a monthly contribution to the national service fund, which can vary between 30 and 50 per cent of their wage. If the conscript fails to pay this financial contribution, he may be transferred to one of the units of the armed forces.

As it has already pointed out, the Committee considers that the concept of compulsory national service implies that some of the conscripts likely to be called up under the law are used for work not of a purely military character. While acknowledging that the law seems to grant conscripts the possibility of opting for work of a non-military nature in the context of national service, the fact remains that the choice between a purely military service and work of a civil nature is within the context – and on the basis – of compulsory national service under the law. Notwithstanding this choice, persons are under the legal obligation to do national service for one year, without necessarily carrying out work linked to the need to guarantee national defence – the aim of which is at the basis of the exception provided under Article 2, paragraph 2(a), of the Convention. In these circumstances, the Committee requests the Government to re-examine the issue as a whole. Meanwhile, in order to evaluate whether the assignment of conscripts outside military units is tantamount to a privilege granted at their request and does not, on the contrary, constitute a means of contributing to the country’s economic development, the Committee requests the Government to provide information on the number of persons who carry out their national service each year both within and outside the units of the armed forces, stipulating whether these are individual assignments or within the framework of technical cooperation. The Government is also asked to specify, for the same reference year, the number of persons who submitted a request to the Minister of National Defence to carry out national service outside the armed forces’ units. Finally, given that the Ministry of National Defence decides each year on the number of conscripts likely to be appointed outside the armed forces’ units, the Committee asks the Government to indicate whether conscripts may be assigned outside these units without having previously made a request in this respect.

Article 2, paragraph 2(c). Sentence of community work. In its previous comments, the Committee requested the Government to specify the manner in which a penalty of community work, provided under sections 15bis, 15ter and 17 of the Penal Code, applies in practice, and to indicate the type of association in which community work might be carried out. It notes the information provided on this matter by the Government, especially concerning the judge’s prerogatives in enforcing penalties in this area – as the latter determines the establishment in which the sentence will be carried out and is responsible for following up on its enforcement. Noting that section 17 of the Penal Code lists the establishments in which the penalty of community work may be carried out, which include charitable or aid associations, associations of benefit to the nation or environmental protection associations, the Committee requests the Government to provide the list of associations authorized to receive persons sentenced to the penalty of community work and to give examples of such work carried out in these aforementioned associations. The Committee requires this information to ensure that the work carried out is indeed in the general interest and that it is performed for non-profit-making associations.

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

1. Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. Freedom of state employees to terminate their employment. In its previous comments the Committee has referred to section 77 of Act No. 83-112 of 12 December 1983 (issuing the general conditions of service of employees of the State, local communities and public administrative institutions), section 45 of Act No. 67-29 of 14 July 1967 (concerning the organization of the judiciary), and section 27 of Act No. 67-20 of 31 May 1967 (issuing the general conditions of service of members of the armed forces), according to which resignation requests from civilian officials and military personnel come into effect only once they have been accepted by the competent authority. None of these texts specifies a time limit for the authority in question to accept or refuse the resignation. The Prime Minister’s Circular No. 3 of 31 January 1984 regarding the procedure for applying the provisions of the general conditions of service of employees of the State, local municipalities and public administrative institutions indicates, however, that in the absence of a prescribed time limit, the general principle of law according to which four months’ silence on the part of the administration is deemed to indicate implicit refusal shall apply. Furthermore, in the event of specific or tacit refusal, the official may bring a case before the Joint Administrative Committee (which is competent to take a decision on refusals of resignation applications) or make an appeal directly to the administrative tribunal on grounds of exceeding authority.

The Committee requested the Government to supply information on the criteria used by the competent authorities or the appeal bodies as grounds for rejecting a resignation. The information supplied by the Government indicates that:

-  for officials of the State, local municipalities and public administrative institutions, requests for resignation are rejected only when: they are made by a large number of officials with the aim of paralysing the service; they are submitted in order to avoid disciplinary sanctions; or if an official refuses, despite operational requirements, to defer the date of his resignation;

-  with regard to magistrates, the Government stated that requests for resignation are rare and are always accepted provided that they do not take effect during the judicial year, which begins in September, in order to avoid any adverse effects on the functioning of the judicial system, which was noted by the Committee;

-  finally, as regards military personnel, the Government indicated that resignations did not pose a problem in practice; approval by the Minister for National Defence was granted provided that another military personnel of the same rank could fulfil the assignment. The Committee noted that acceptance of the resignation is subject to the sole criterion of replacement without any reference to a maximum period during which the person could be forced to remain in his post while awaiting replacement.

The Committee notes that although appeal procedures are open to officials affected by a tacit or explicit decision refusing their request for resignation and although, according to the information supplied by the Government in its reports, requests for resignation by officials does not seem to raise problems, it is not clear either from the information supplied or from the relevant legislative provisions that officials (civilian and military) can leave their posts within a reasonable time limit. The Committee therefore requests the Government to supply examples of decisions by the joint administrative committees or administrative tribunals - officials bringing cases more frequently before the latter, according to the information supplied by the Government - so that the Committee can assess the manner in which the appeals procedure is conducted and its length as well as, if applicable, the period during which these bodies may request officials (civilian or military) to remain in their posts. The Committee needs this information to ascertain whether officials may leave their posts within reasonable time limits without having to abandon their posts and suffer the consequent prejudice (disciplinary sanctions, etc.).

2. Article 2, paragraph 2(a). Purely military character of work exacted in virtue of compulsory military service laws. For many years, the Committee has drawn the Government’s attention to the need to modify the legislation relating to compulsory national service (Act No. 89-51 of 14 March 1989), in that work, which is not purely of a military character, may be imposed on conscripts undergoing this service. According to Article 2, paragraph 2(a), of the Convention, work or service exacted in virtue of compulsory military service laws is excluded from the definition of forced or compulsory labour provided for by the Convention and is thus excluded from its scope, on the condition that the work is of a purely military character. In this regard, the Committee notes the adoption of a new law on national service (Act No. 2004-1 of 14 January 2004). According to this law, any citizen of 20 years of age must carry out national service of one year’s duration of which the aim is to prepare the citizen to defend his country and to participate in the global development of the country as well as contributing to the dissemination of peace in the world. National service may take the form of active military service for the needs of the national army or of national service outside the armed forces’ units intended to meet the needs of global defence and the imperatives of national solidarity. In the second case, the conscripts are assigned either to armed security forces’ units or to administrations and enterprises, as individual assignments or within the framework of technical cooperation.

In view of the preceding developments, the Committee notes that the new legislation still allows conscripts to be assigned elsewhere than to units of the armed forces or national security forces, and that the conscripts undergoing this compulsory national service may be required to carry out work not of a purely military character, either in individual assignments to administrations or enterprises or in the framework of technical cooperation. The Committee draws the Government’s attention once again to the concept of national service, as set out in Act No. 2004-1 of 14 January 2004 (and as in previous legislation), which is too broad to be covered by the exception provided by the Convention in Article 2, paragraph 2(a). The Committee therefore requests the Government once again to re-examine the situation and take the necessary measures to bring its legislation into conformity with the Convention. Meanwhile, the Committee requests the Government to supply information on the manner in which, in practice, conscripts are assigned to one or other form of national service (particularly in regard to individual assignments in administrations and enterprises and in the framework of technical cooperation). Please indicate in this regard whether the decree set out in section 4(5) of the 2004 Act on National Service laying down the procedures for assignment for carrying out national service outside units of the armed forces has been adopted. If so, please provide a copy. Please also indicate whether Decree No. 1232 of 1 August 1990 concerning procedures for the detachment of national service conscripts remains in force since it was adopted pursuant to section 5 of the 1989 National Service Act which has since been abrogated by the 2004 Act.

3. Article 2, paragraph 2(c). Work of general interest. In its previous comments, the Committee noted that, following the adoption of Act No. 99-89 of 2 August 1999, the Penal Code provides a penalty of work of general interest (new articles 15bis, 15ter and 17, in particular). The court may substitute a period of unpaid work of general interest of not more than 300 hours for a sentence of imprisonment for a period not exceeding six months. The accused must be present in court and may refuse the work of general interest. If he refuses, the court shall pass one of the other sentences provided. Pointing out that the work of general interest is performed in public establishments, local communities, charitable or aid associations, or in associations of benefit to the nation or in environmental protection associations, the Committee asked the Government to specify the conditions and practical arrangements under which the work of general interest is carried out in the various types of association aforementioned, indicating whether they are public or private bodies.

In its latest report, the Government indicates that the information requested by the Committee will be provided in its next report. Once again, the Committee asks the Government to supply this information so that the Committee can assess the effect which a sentence of work of general interest could have on application of the Convention in view of the fact that Article 2, paragraph 2(c), of the Convention, stipulates that any work or service exacted from a person as a consequence of a conviction in a court of law must not be carried out to the benefit of private entities. The Committee therefore requests the Government to specify the manner in which this penalty applies in practice as well as the nature of the associations benefiting from the type of work carried out for them by such persons.

4. Article 2, paragraph (d). Civilian requisitioning. In its previous comments, the Committee drew the Government’s attention to the need to modify the provisions of section 1(3) of the 1989 National Service Act since it provided that citizens who are not subject to national service obligations may be called up individually as civilian conscripts without limiting the power of requisitioning to the cases of force majeure stipulated in the Convention. The Committee notes with interest that the new National Service Act of 2004 does not refer to this power of requisitioning.

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

1. Referring to its general observation of 1998, in which it requested governments bound by the Convention to provide information regarding hiring prison labour to private parties or placing it at their disposal, the Committee takes note of the following information communicated by the Government in its report:

-  In Tunisia, there are no prisons run by private firms and no private prison enterprises. Furthermore, prisoners are not hired out and they can be employed only to perform work of benefit to the community, and with their express consent.

-  Under Act No. 95-9 of 23 January 1995, the lawmaker abolished the penalty of re-education by labour which had been one of the auxiliary penalties under section 5 of the Tunisian Penal Code.

-  Section 5 of the Penal Code was also modified yet again by Act No. 99-89 of 2 August 1999, which added community service as a substitute penalty to the list of principal penalties.

The Committee notes that the new section 15bis of the Penal Code provides that "in cases in which a court hands down a sentence of imprisonment for a period not exceeding six months, it can substitute for the said penalty a period of unpaid community work of not more than 300 hours, two hours of work being deemed to be equivalent to one day of imprisonment". This section also lists the offences which may be punished by a community service sentence.

The Committee notes that the new section 15ter of the Penal Code provides that "it is a requirement for sentences of community service that the accused be present in court, express remorse for his actions and not be a recidivist. Before sentence is passed, the court must inform the accused of his right to refuse to do community service and record his response. In the case of such a refusal, the court shall pass one of the other sentences provided for".

Under the terms of the new section 17, "community service shall be performed in public establishments, local communities, charitable or aid associations, or in associations of benefit to the Nation and environmental protection associations". The Committee requests the Government to specify the conditions and practical arrangements for community service in charitable or aid associations, in associations of benefit to the Nation and in environmental protection associations, indicating whether these terms refer to private or public bodies, and to communicate a copy of all relevant regulations.

Under the terms of the new section 18, "a person sentenced to perform community service shall enjoy the protection of laws and regulations on occupational safety and health. The establishment where a person performs community service shall insure him against occupational accidents and diseases, in accordance with the laws in force".

Under the terms of the new section 18bis, "before any community service is carried out, persons sentenced shall undergo a medical examination to ensure that they are not suffering from dangerous conditions and are fit for the work".

2. In its previous comments, the Committee had noted that in implementation of section 77 of Act No. 83-112 of 12 December 1983 to issue the general conditions of service of employees of the State, of local communities and of public administrative establishments, Prime Minister's Circular No. 3 of 31 January 1984 with respect to the procedure for applying the provisions of the above Act, section 45 of Act No. 67-29 of 14 July 1967 concerning the organization of the judiciary, and section 27 of Act No. 67-20 of 31 May 1967 issuing the general conditions of service of members of the armed forces, resignation requests from civilian officials and military personnel come into effect only once they have been accepted by the head of the relevant administration. In the absence of any express provision, the period applied is two months, as specified in section 37 of Act No. 96-39 of 3 June 1996 concerning appeals on grounds of exceeding authority. In cases where the resignation request is rejected, the official concerned can bring a case before the Joint Administrative Committee which then transmits a reasoned opinion to the competent authorities. A new period of two months then begins at the end of which, in the absence of any reply from the administration, the resignation request is deemed to have been implicitly rejected. Express or tacit rejection of a request can give rise to an appeal to the administrative court on grounds of exceeding authority. The Committee took note of this detailed information, and asked the Government to provide a copy of Act No. 96-39 of 3 June 1996.

The Committee notes that as regards the Joint Administrative Committee, no deadline is set for the transmission of its opinion to the competent authority. The Committee requests the Government to provide clarification on this point.

In its previous comment, the Committee had noted the information to the effect that in cases where a number of appeals are rejected, the official concerned is free to abandon his post, in which case the administration is obliged to dismiss him. In this regard, the Committee notes that according to section 79 of Act No. 83-112 of 12 December 1983, "an official who ceases to perform his duties before the date fixed as part of the decision to accept his resignation shall be liable to disciplinary sanctions". The Committee notes also that under the terms of Circular No. 3 of 31 January 1984, "an official who abandons his post without requesting leave to resign automatically places himself outside the scope of the Act and shall be removed from his post without benefit of any disciplinary safeguards". As regards the internal security forces, the Committee notes that according to section 70(3) of Act No. 82-70 of 6 August 1982, "an agent of the internal security forces who ceases to carry out his duties before the date set for the definitive termination of his service shall be subject to disciplinary sanctions of the second degree", such sanctions including, under the terms of section 50, paragraph 2(b) of the Act, loss of pension entitlements. The Committee requests the Government to take steps to ensure that public servants are not obliged to abandon their post, given the penalties to which such an action can give rise, and can exercise their right to resign on good terms, in particular by obtaining a reply from the authority concerned within a reasonable period. The Committee also requests the Government to provide practical information concerning specific cases of officials who have been obliged to abandon their posts under such circumstances.

3. As regards resignation of career members of the armed forces, the Committee had requested the Government to provide information on the measures taken to ensure that persons are not deprived of the right to leave the service in peace time within a reasonable period, either at regular intervals or with prior notice. It had also requested the Government to indicate whether Act No. 96-39 of 3 June 1996 is applicable to military personnel or, if not, what remedies are available to such personnel for decisions that exceed lawful authority. In its reply, the Government indicates that even if the general conditions of service do not provide for specific periods for accepting or refusing a resignation, under the terms of section 37 of Act No. 72-40 of 1 June 1972 regarding the administrative court, which was amended by Act No. 96-39 of 3 June 1996 and is applicable to military personnel, silence by the authority concerned is deemed to be tantamount to a tacit refusal, which means that the individual concerned can bring the case before the administrative court on grounds of exceeding authority, within reasonable deadlines which ensure that the individual has the right to resign.

The Committee had asked the Government to provide information in relation to Decree No. 91-559 of 23 April 1991 to organize the air force, specifically, on the possibilities available for student officers who have been admitted to the air force academy before they have attained the age of majority (section 32) to be released from their obligations once they have attained the age of majority. The Committee notes that according to the Government, nothing in the provisions of the Decree prevents students from being released from their obligations. In all cases, they retain their right to bring a complaint before the administrative court for exceeding authority under section 37.

The Committee requests the Government to provide further information on the practical application of these provisions, attaching where appropriate copies of relevant rulings of the administrative court.

4. Article 2, paragraph 2. In its previous comments, the Committee asked the Government to provide information on the practical application of Decree No. 1232 of 1 August 1990 fixing the procedures for the detachment of national service conscripts, in particular on the total strength made available for two types of assignment (for public and private employers) each year by the Minister of National Defence (section 4 of the Decree). The Committee notes that in its reply the Government merely reproduces the terms of section 2 of the Decree, and trusts that the Government will supply the information requested in its next report.

5. Article 2, paragraph 2(a). With regard to development work assigned to recruits in the context of military service, the Committee had recalled that compulsory military service is excluded from the scope of the Convention only if it is effected for purely military work (see 1979 General Survey on the abolition of forced labour, paragraph 24). Since there has been no reply from the Government on this point, the Committee again requests the Government to indicate measures taken or envisaged to ensure that the Convention is respected in this regard.

6. Article 2, paragraph 2(d). In its previous comments, the Committee had noted that section 1(3) of Act No. 89-51 of 14 March 1989 respecting national service provides that "citizens who are not subject to national service obligations may be called up individually as civilian conscripts ... to work in the administrative, economic, social and cultural services, if the need arises". In the Committee’s view, such a provision does not appear to limit the power of conscription to the cases of extreme need. The Committee again requests the Government to take the necessary measures to amend section 1(3) of Act No. 89-51 so as to limit recourse to conscription strictly to cases of emergency, as provided for by the Convention.

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

The Committee takes note of the Government's report and the information provided in answer to certain points raised in its previous direct request. The Committee notes that the other information requested will be supplied as soon as it is available.

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. 1. In its previous comments, the Committee referred to a number of provisions concerning resignation, in particular the following:

-- section 77 of Act No. 83-112 of 12 December 1983 to issue the general conditions of service of employees of the State, of local communities and of public administrative establishments, and the Prime Minister's Circular No. 3 of 31 January 1984 with respect to the procedure for applying the provisions of the above Act;

-- section 45 of Act No. 67-29 of 14 July 1967 concerning the organization of the judiciary;

-- section 27 of Act No. 67-20 of 31 May 1967 issuing the general conditions of service of members of the armed forces.

The Committee noted the difficulties of resigning, in terms of the periods applied and the criteria used for accepting or rejecting resignation requests. The Committee notes the Government's general explanations on this matter. In particular, it notes that in accordance with legislation, resignation requests from civilian officials and military personnel come into effect only once they have been accepted by the head of the relevant administration. The period for acceptance of resignation in certain departments is fixed by their own internal rules. In the absence of any express provision, the period applied is two months, as specified in section 37 of Act No. 96-39 of 3 June 1996 concerning appeals on grounds of exceeding authority. In cases where the resignation request is rejected, the official concerned can bring a case before the Joint Administrative Committee which then transmits a reasoned opinion to the competent authorities. A new period of two months then begins at the end of which, in the absence of any reply from the administration, the resignation request is deemed to have been implicitly rejected. Express or tacit rejection of a request can give rise to an appeal to the administrative court on grounds of exceeding authority. The Government also indicates that in cases where a number of appeals are rejected, the official concerned is free to abandon his post, in which case the administration is obliged to dismiss him. Whatever the circumstances, an official cannot be forced to remain in post.

2. The Government explained that, in the public service, resignation requests are rejected only in the following exceptional cases:

-- if they are made by a large number of officials with the aim of paralysing the service;

-- if they are submitted in order to avoid disciplinary sanctions; or

-- if an official refuses, despite operational requirements, to defer the date of his resignation.

The Committee takes note of this detailed information, and asks the Government to provide a copy of Act No. 96-39 of 3 June 1996.

3. The Committee previously asked the Government for information on the criteria used in accepting resignation requests and the time-limits applied in the case of magistrates. The Committee notes the Government's statement to the effect that resignation requests submitted by magistrates are rare and are always accepted, the only condition being, in order to avoid any adverse effects on the functioning of the courts, that the decision should not take effect during the current year which begins on 16 September each year.

4. As regards military personnel, the Committee previously noted that the criterion of replacement applied for accepting a resignation request did not include any time-limit. The Committee again requests the Government to provide information on the measures taken to ensure that persons are not deprived of the right to leave the service in peace time within a reasonable period, either at regular intervals or on the condition of prior notice. The Committee also requested the Government to provide information, in relation to Decree No. 91-559 of 23 April 1991 concerning the organization of the air force, on the possibility for a trainee officer admitted to the Airforce Academy as a minor (section 32) to be released from his obligations after attaining his majority. The Committee requests the Government to indicate whether Act No. 96-39 of 3 June 1996 is applicable to military personnel or, if not, what remedies are available to such personnel for decisions that exceed lawful authority.

Article 2, paragraph 2. 5. The Committee previously asked the Government to provide information on the practical application of Decree No. 1232 of 1 August 1990 fixing the procedures for the detachment of national service conscripts, in particular on the total strength made available for two types of assignment (for public and private employers) each year by the Minister of National Defence (section 4 of the Decree). The Committee hopes that the information will be communicated in the next report.

Article 2, paragraph 2(a). 6. With regard to development work assigned to recruits in the context of military service, the Committee recalled that compulsory military service is excluded from the scope of the Convention only if it is effected for purely military work (see 1979 General Survey on the abolition of forced labour, paragraph 24). The Committee again requests the Government to indicate measures taken or envisaged to ensure that the Convention is respected in this regard.

Article 2, paragraph 2(d). 7. In its previous comments, the Committee noted that section 1(3) of Act No. 89-51 of 14 March 1989 respecting national service provides that "Citizens who are not subject to national service obligations may be called up individually as civilian conscripts ... to work in the administrative, economic, social and cultural services, if the need arises". In the Committee's view, such a provision does not appear to limit the power of conscription to the cases of extreme need. The Committee again requests the Government to take the necessary measures to amend section 1(3) of Act No. 89-51 so as to limit recourse to conscription strictly to cases of emergency, as provided for by the Convention.

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

1. In its previous comments, the Committee noted that, by virtue of section 3 of Act No. 89-51 of 14 March 1989 concerning national service, conscripts may, at the end of basic military training and once the requirements of the units of the armed forces have been satisfied, be assigned either collectively to the internal security forces and to development units, or individually to the public administration, to enterprises or to technical cooperation activities. Citizens who are not subject to national service obligations may be called up individually as civilian conscripts, except in cases of total physical incapacity, to work in the administrative, economic, social and cultural services, if the need arises.

The Committee referred to paragraphs 24 to 33 of its 1979 General Survey on the abolition of forced labour, where it observed that compulsory military service is only excluded from the scope of the Convention if the conscript is assigned to work of a purely military character, and requested the Government to indicate the measures taken or envisaged to ensure that the Convention is respected on this point.

The Committee notes the information provided by the Government to the effect that the general concept of national defence does not allow for a distinction to be made between purely military tasks and operations and other duties related to defence and national security, deriving from article 15 of the Constitution, which provides that: "the defence of the country and the integrity of its territory is a sacred duty of every citizen". According to the Government, collective assignment can be explained by the fact that the national Ministry of Defence participates in the economic development of the country, in addition to its fundamental role of preparing the armed forces. The Government also states that this collective and individual assignment amounts only to a continuation of the statutory period of national service following basic military training.

As concerns conscription, the Government indicates that it can take place only in cases of extreme need, such as war or serious disaster.

The Committee takes due note of the information provided; it observes, however, that in regard to the conscription of persons, section 1(3) of Act No. 89-51 provides that: "Citizens who are not subject to national service obligations may be called up individually as civilian conscripts, except in the case of total physical incapacity, to work in the administrative, economic, social and cultural services, if the need arises". Such a provision does not appear to limit the power of conscription to the cases of extreme need.

The Committee requests the Government to take the necessary measures to amend section 1(3) of Act No. 89-51 so as to limit recourse to conscription strictly to cases of emergency, as provided for by the Convention.

As concerns development work assigned to recruits, in the context of compulsory military service, the Committee recalls the explanations made in paragraph 24 of its 1979 General Survey on the abolition of forced labour, where it referred to the discussions which had taken place in the Conference during the examination of the draft Convention. On that occasion, it was stressed that the reason and justification for compulsory military service was the need to ensure national defence, but that no such reason or justification existed for imposing compulsory service obligations for the execution of public works. The Committee recalls that the Conference decided that compulsory military service should be excluded from the scope of the Convention only if it was effected for purely military work.

The Committee requests the Government to indicate the measures taken or envisaged to ensure that the Convention is respected in this regard.

The Committee requested the Government to furnish information on the practical application of Decree No. 1232 of 1 August 1990, fixing the procedures for the detachment of national service conscripts, and in particular on the extent of the total strength made available for two types of assignment (for public and private employers) each year by the Minister of National Defence (section 4 of the Decree).

The Committee notes that this information will be communicated once it is available. It hopes that the Government will furnish this information in its next report.

2. In its previous comments, the Committee referred to the provisions concerning resignation, contained in the following texts:

- section 77 of Act No. 83-112 of 12 December 1983 to issue the general conditions of service of employees of the State, of local communities and of public administrative establishments, under which the resignation of a public servant only comes into effect when it has been accepted; and Prime Minister's Circular No. 3 of 31 January 1984 respecting the procedure for applying the provisions of the above Act, under which the absence of a reply from the department regarding a resignation request amounts to an implied rejection of the resignation;

- section 45 of Act No. 67-29 of 14 July 1967 concerning the organization of the judiciary, under which a resignation will only come into effect when it is accepted by the President of the Republic;

- section 27 of Act No. 67-20 of 31 May 1967 issuing the general conditions of service of members of the armed forces, under which resignation has to be approved by the Minister of National Defence.

As concerns the resignation of members of the armed forces, the Committee notes the indications provided by the Government that the approval of the Minister of National Defence is acquired when the duties conferred upon the person resigning are secured by another member of the armed forces of the same rank. The Committee observes that there is no period fixed for acceptance of a resignation, the only requirement being the replacement of the person who is resigning. The Committee asks the Government to communicate information on the measures taken or envisaged to ensure that these persons are not deprived of the right to leave the armed forces, in time of peace, within a reasonable period, either at regular intervals or on the condition of prior notice.

As concerns magistrates, whose resignation must be accepted by the President of the Republic, who is President of the High Council of the Magistracy, the Committee observes that the Government's report refers neither to the criteria applicable for acceptance of the resignation nor to the prescribed time-limit for the decision. The Committee requests the Government to furnish information on these points.

The Committee also requests the Government to communicate information on the practical application of section 77 of Act No. 83-112 and of Circular No. 3 of 1984, particularly the grounds on which a request for resignation may be rejected by the competent official authority or by the joint administrative committees.

3. The Committee again refers to Decree No. 91-559 of 23 April 1991, concerning the organization of the air force, and would be grateful if the Government would provide information on the possibility for a trainee officer admitted to the Air Force Academy as a minor (section 32) to be released from his obligations after having attained his majority.

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

With reference to the comments it has been making for many years, the Committee notes with satisfaction Act No. 95-9 of 23 January 1995 repealing Legislative Decree No. 62-17 of 15 August 1962, under which certain persons could be assigned by administrative decision to a state worksite. Act No. 95-9 also repeals the provisions of Act No. 78-22 of 8 March 1975 respecting civilian service, under which any Tunisian of 18 to 30 years of age unable to show that he was in employment or registered in a school or vocational training establishment could be assigned, for one year or more, to economic and social, or rural or urban development projects and was liable to re-educational labour in case he refused or deserted.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report does not contain a reply to its previous request. It hopes that the Government will supply full particulars on the following points which it raised in its previous direct request.

1. The Committee requests the Government to supply information on the effect given in practice to the provisions of Act No. 89-51 of 14 March 1989 respecting national service, and in particular on the proportion of young persons who have to carry out their service in one of the forms set out in section 3 of the Act, as specified by order of the Secretary-General of the National Defence each year, in accordance with section 8 of the Act.

The Committee also requested the Government to supply information on the effect given in practice to Decree No. 1232 of 1 August 1990 fixing the procedures for the detachment of national service conscripts, and in particular on the numbers of conscripts assigned to public or private employers as determined each year by the Minister of National Defence (section 4 of the Decree).

2. In its previous comments, the Committee referred to the provisions respecting resignation contained in the following texts:

- section 77 of Act No. 83-112 of 12 December 1983 to issue the general conditions of service of employees of the State, of local communities and of public administrative establishments, under which the resignation of a public servant only comes into effect when it has been accepted, as well as the Prime Minister's Circular No. 3 of 31 January 1984 respecting the procedure for applying the provisions of the above Act, under which the absence of a reply from the department regarding a resignation request is equivalent to an implicit decision to reject the resignation;

- particular texts concerning magistrates, members of the armed forces, members of the internal security forces and employees in public industrial and commercial establishments, to whom Act No. 83-112 is not applicable;

- section 27 of Act No. 67-20 of 31 May 1967 issuing the general conditions of service of members of the armed forces, under which resignation has to be approved by the Minister of National Defence.

The Committee once again requests the Government to supply information on the effect given in practice to the provisions respecting resignation which govern each of the various categories of persons in the service of the State, and particularly on the criteria applied by the competent authority or, where appropriate, by joint administrative committees as grounds for rejecting a resignation request.

3. With reference once again to Decree No. 91-559 of 23 April 1991 to organize the air force, the Committee would be grateful if the Government would supply information on the possibilities available for student officers who have been admitted to the air force academy before they have attained the age of majority (section 32) to be released from their obligations once they have attained the age of majority.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in its report.

1. In its previous comments, the Committee referred to:

- Legislative Decree No. 62-17 of 15 August 1962, under which any male person who without just cause refuses to work may be directed to rehabilitation through work on state worksites; and

- Act No. 78-22 of 8 March 1978 to establish civic service, under which any Tunisian between 18 and 30 years of age who cannot show that he has a job or is registered in an educational or vocational training establishment may be assigned, for one year or longer, to economic and social projects or rural or urban development projects, under penalty of compulsory rehabilitation through work in the event of refusal or desertion.

The Committee notes with interest the Government's statement in its report that the President of the Republic ordered, on 17 July 1993, the preparation of a draft text to abolish the penalty of rehabilitation through work established under Legislative Decree No. 62-17 of 15 August 1962. This decision forms part of the continuous action undertaken since 7 November 1987 to reinforce individual freedoms and safeguard human dignity.

The Committee requests the Government to supply information on the progress achieved in this work and the text of the provisions that are adopted to bring the above Legislative Decree and Act into conformity with the Convention.

2. In its previous comments, the Committee noted that by virtue of section 3 of Act No. 89-51 of 14 March 1989 respecting military service, conscripts may, following basic military training and once the requirements of the units of the armed forces have been satisfied, be assigned collectively to the internal security forces and to development units, or individually to the public administration, to enterprises or to technical cooperation activities. Citizens who are not subject to national service obligations may be called up individually as civilian conscripts, except in cases of absolute physical incapacity, to be employed in cases of necessity in the administrative, economic, social and cultural services.

The Committee refers to Article 2, paragraph 2(a), of the Convention and to Article 1(b) of Convention No. 105, as well as to paragraphs 24 to 33 and 49 to 62 of its 1979 General Survey on the Abolition of Forced Labour, in which it examined the obligations flowing from the Conventions in this respect and described the problems arising from the use of recruits for non-military purposes. The Committee hopes that the Government will take the necessary measures to ensure the observance of the Convention in this respect.

The Committee notes that the Government's report does not contain information on this subject. It once again hopes that the Government will indicate the measures which have been taken or are envisaged to bring the provisions in question into conformity with the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee once again refers to its observation under this Convention and requests the Government to supply information on the effect given in practice to the provisions of Act No. 89-51 of 14 March 1989 respecting national service, and in particular on the proportion of young persons who have to carry out their service in one of the forms set out in section 3 of the Act, as specified by order of the Secretary-General of the national defence each year, in accordance with section 8 of the Act.

The Committee also requests the Government to supply information on the effect given in practice to Decree No. 1232 of 1 August 1990 fixing the procedures for the detachment of national service conscripts, and in particular on the numbers of conscripts assigned to public or private employers as determined each year by the Minister of National Defence (section 4 of the Decree).

2. In its previous comments, the Committee referred to section 77 of Act No. 83-112 of 12 December 1983 to issue the general conditions of service of employees of the State, of local public communities and of public administrative establishments, under which the resignation of a public servant only takes effect when it is accepted by the chief of the department in question. It also referred to Prime Minister's Circular No. 3 of 31 January 1984 respecting the procedure for applying the provisions of the above Act, under which the absence of a reply from the department regarding a resignation request is equivalent to an implicit decision to reject the resignation. The Committee noted that the public servant may appeal to a joint administrative committee regarding the explicit or implicit rejection of his resignation and that the department may revise its decision following the reasoned opinion given by the joint committee.

The Committee also referred to the particular texts concerning magistrates, members of the armed forces, members of the internal security forces and employees in public industrial and commercial establishments, to whom the Act of 12 December 1983 is not applicable.

The Committee requested the Government to supply information on the effect given in practice to the provisions governing the resignation of these various categories of personnel, and the criteria used by the joint administrative committee in arriving at its opinion, as well as cases of implicit or explicit rejections by the administration of resignation requests.

The Committee notes the Government's statement in its report that this information will be transmitted as soon as it becomes available.

The Committee also notes the Government's indications concerning the resignation of members of the armed forces to the effect that, by virtue of section 27 of Act No. 67-20 of 31 May 1967 issuing the general conditions of service of members of the armed forces, "career members of the armed forces may submit their resignation to the Secretary of State for the national defence; if the resignation is approved, the applicant is transferred at his grade to the reserve forces". The Government points out that the resignation of a career member of the armed forces gives rise to no problems in practice, since the approval of the Minister of National Defence is attained as soon as the duty entrusted to the applicant is taken over by another member of the armed forces of the same rank.

With reference to paragraphs 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour, the Committee points out that the right of workers to freely choose their employment may not be prejudiced and that legal provisions that prevent workers from terminating their employment by means of notice of reasonable length have the effect of turning a contractual relationship based on the will of the parties into service by compulsion of law and are incompatible with the Convention. The Committee trusts that the Government will supply the information concerned in the very near future.

The Committee also notes the text of Decree No. 91-559 of 23 April 1991 to organise the air force academy. The Committee notes that section 32, which sets out the conditions for the admission of student officers, provides that candidates must undertake to serve in the air force for a minimum of ten years in addition to the years of studies and training. The Committee notes that certain career options involve six years' training (section 24) and that applicants can be minor of age at the time of their admission (section 32). The Committee requests the Government to supply information on the possibilities available for such student officers to be released from their obligations once they have attained the age of majority by means of notice of reasonable length.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. In its previous comments, the Committee referred to: - Legislative Decree No. 62-17 of 15 August 1962, under which any male person who without just cause refuses to work may be directed to rehabilitation through work on state worksites; - Act No. 78-22 of 8 March 1978 to establish civic service, under which any Tunisian between 18 and 30 years of age who cannot show that he has a job or is registered in an educational or vocational training establishment may be assigned, for one year or longer, to economic and social projects or rural or urban development projects, under penalty of compulsory rehabilitation through work in the event of refusal or desertion.

The Committee notes the Government's statement that the harmonisation of the above texts with the Convention is the subject of an examination by an interdepartmental commission set up in June 1989.

The Committee requests the Government to supply information on the progress of this work. It hopes that the Government will soon report the measures that have been taken or are envisaged to amend the above texts in order to bring them into conformity with the Convention.

2. In its previous comments, the Committee noted that under the provisions of Act No. 86-27 of 2 May 1986, conscripts can be assigned to development units in the administration or in enterprises, and that under the terms of implementing Decree No. 87-1014 of 2 August 1987, they are subject to military conditions of service.

The Committee noted that following a basic military training and once the requirements of the units in the armed forces have been satisfied, by virtue of section 3 of Act No. 89-51, which repealed Act. No. 86-27 of 1986 without changing the substance of the provisions in question, conscripts may be assigned collectively to the internal security forces and to development units, or individually to the public administration, to enterprises or to technical cooperation activities. Citizens who are not subject to national service obligations may be called up individually as civilian conscripts, except in cases of absolute physical incapacity, to be employed in cases of necessity in the administrative, economic, social and cultural services.

The Committee notes the Government's statement in its report that Act No. 89-51 is not repressive and that it contains regulations governing an obligation deriving from section 15 of the Constitution of 1959, under which "the defence of the country and the integrity of its territory is a sacred duty of every citizen".

It also notes that, according to the Government, collective assignment to internal security forces and development units is justified because the internal security forces are an integral part of the armed forces and, moreover, the Minister of National Defence is responsible for participating in the construction of roads and infrastructure, particularly in regions that are isolated or of difficult access.

In its report, the Government also explains that individual assignment to the administration, to enterprises or to technical cooperation activities is carried out on a voluntary basis, and conscripts are made available to these institutions by order of the Minister of National Defence after having completed a period of military training. Such assignments are made on the grounds of economic reasons and national interest and the intention is to prevent the obligation to perform national service from depriving administrative departments and large enterprises from the managerial staff and technicians who are necessary for the effective functioning of these services, which are vital for the development of the country.

The Government states that military personnel who are detached are remunerated in accordance with the provisions of Decree No. 1232 of 1 August 1990, fixing the procedures for the detachment of national service conscripts to perform their service outside the units of the armed forces and the conditions governing their remuneration.

The Committee notes that Decree No. 1232 of 1 August 1990 includes the following provisions: - state services, public local communities, state establishments and private enterprises shall make their needs in terms of managerial and specialised staff known to the Minister of National Defence (section 2); - conscripts shall be made available to the above institutions by order of the Minister of National Defence, who may at any moment bring their assignment to an end; in such cases, for the remaining period the conscripts are transferred to one of the units of the army (section 6); - conscripts who are individually assigned to the administration or to enterprises receive from the Ministry of National Defence by way of remuneration a sum that is fixed according to their grade (section 8); - the employer pays each month to the National Service Fund the remuneration that is due to the individually assigned conscripts arising out of their employment, after deducting social contributions (section 10).

The Committee points out that the scope of the Convention includes military service, except for work of a purely military character (Article 2, paragraph 2(a), of the Convention). Work exacted from recruits within the framework of national service, including work related to the development of the country, is not of such a purely military character. Furthermore, the Committee points out that Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), which has also been ratified, specifically prohibits the use of compulsory labour for purposes of economic development.

The Committee is bound to refer in this connection to paragraphs 24 to 33 and 49 to 62 of its 1979 General Survey on the Abolition of Forced Labour in which it examined obligations flowing from the Conventions in this respect and described the problems arising from the use of recruits for non-military purposes. The Committee hopes that the Government will take the necessary measures to ensure the observance of the Convention in this respect.

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

1. The Committee refers also to its observation under this Convention and requests the Government to supply information on the effect given in practice to the provisions of Act No. 89-51 of 14 March 1989 respecting national service, and in particular on the proportion of young persons who have to carry out their service in one of the forms set out in section 3 of the Act, which are specified by order of the Secretary-General of the national defence each year, in accordance with section 8 of the Act.

2. In its previous comments, the Committee referred to section 77 of Act No. 83-112 of 12 December 1983 to issue the general conditions of service of employees of the State, of local public communities and of public administrative establishments, under which the resignation of a public servant only takes effect when it is accepted by the chief of the department in question. It also referred to Prime Minister's Circular No. 3 of 31 January 1984 respecting the procedure for applying the provisions of the above Act, under which the absence of a reply from the department regarding a resignation request is equivalent to an implicit decision to reject the resignation. The Committee noted that the public servant may appeal to a joint administrative committee regarding the explicit or implicit rejection of his resignation and that the department may revise its decision following the reasoned opinion given by the joint committee.

The Committee also referred to the particular texts concerning magistrates, members of the armed forces, members of the internal security forces and employees in public industrial and commercial establishments, to whom the Act of 12 December 1983 is not applicable.

The Committee requested the Government to supply information on the effect given in practice to the provisions governing the resignation of these various categories of personnel, and the criteria used by the joint administrative committee in arriving at its opinion and cases of implicit or explicit rejections by the administration of resignation requests.

The Committee notes the Government's indications in its report that this information will be transmitted as soon as it is available. With reference to paragraphs 67-73 of its 1979 General Survey on the Abolition of Forced Labour, the Committee points out that the right of workers to freely chose their employment may not be prejudiced and that legal provisions that prevent workers from terminating their employment by means of notice of reasonable length have the effect of turning a contractual relationship based on the will of the parties into service by compulsion of law and are incompatible with the Convention. The Committee trusts that the Government will supply the information concerned in the very near future.

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

1. In its previous comments, the Committee referred to:

- the provisions of Legislative Decree No. 62-17 of 15 August 1962, under which any male person who without just cause refuses to work may be directed to rehabilitation through work on state worksites;

- the provisions of Act No. 78-22 of 8 March 1978 to establish civic service, under which any Tunisian between 18 and 30 years of age who cannot show that he has a job or is registered in an educational or vocational training establishment may be assigned, for one year or longer, to economic and social projects or rural or urban development projects, under penalty of compulsory rehabilitation through work in the event of refusal or desertion.

The Committee noted that an interdepartmental committee was due to meet in order to draw up proposals for the amendment of the above texts in order to bring certain of their provisions into conformity with the Convention.

The Committee notes the Government's indication in its report that information on the outcome of the work of the above committee will be supplied in due time. Noting that the above texts have been the subject of its comments for more than 20 years, the Committee trusts that the Government will report in the very near future on amendments made to bring these texts into accordance with the Convention.

2. The Committee noted previously that under the provisions of Act No. 86-27 of 2 May 1986, conscripts could be assigned to development units in the administration or in enterprises, and that under the terms of implementing Decree No. 87-1014 of 2 August 1987, they were subject to military conditions of service. With reference to Article 2, paragraph 2(a), of the Convention, the Committee requested the Government to indicate the measures taken or contemplated to ensure the observance of the Convention in this regard.

The Committee notes that Act No. 89-51 of 14 March 1989 respecting national service, which repeals Act No. 86-27 of 2 May 1986, does not change the substance of the provisions that were the subject of its previous comments. The Committee notes that following a basic military training and once the requirements of the units in the armed forces have been satisfied, conscripts may, by virtue of section 3 of the Act No. 89-51, be assigned collectively to the internal security forces and to development units, or be assigned individually to the public administration, to enterprises or to technical co-operation activities. Citizens who are not subject to national service obligations may be called up individually as civilian conscripts, except in cases of absolute physical incapacity, to be employed in cases of necessity in the administrative, economic, social and cultural services. The Committee also notes that, in its report dated April 1989 on the application of the International Covenant on Civil and Political Rights, the Government states that conscripts who are not placed in the armed forces are assigned to development units to participate in projects that form part of the national development plans.

The Committee once again draws the Government's attention to Article 2, paragraph 2(a), of the Convention, under which only military service limited to work of a purely military character is not included in the scope of the Convention. Work exacted from recruits within the framework of national service, including work related to the development of the country, is not of such purely military character. Furthermore, Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), which has also been ratified by Tunisia, specifically prohibits the use of compulsory labour for purposes of economic development. The Committee refers in this connection to paragraphs 24-33 and 49-62 of its 1979 General Survey on the Abolition of Forced Labour in which it examined the obligations following from the Conventions in this respect and described the problems arising from the use of recruits for non-military purposes. The Committee requests the Government to indicate all measures that have been taken or are contemplated to ensure the observance of the Convention in this respect.