Texts of pending comments

Articles 1(b) and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. In its previous comments, the Committee asked the Government to take measures to fully integrate the principle of the Convention in its national legislation, particularly within the context of legislative reforms following the adoption of the new Constitution. The Committee notes the Government’s reference in its report to a series of sectoral collective agreements, in particular in the agriculture and fisheries sectors, which mention equal remuneration between men and women. The Committee again draws the attention of the Government to the fact that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women. The concept of “work of equal value” permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The term “value” indicates that something other than market forces should be used to ensure the application of the principle, as market forces may be inherently gender-biased (see 2012 General Survey on the fundamental Conventions, paragraphs 673–674). Recalling that it considers that the full and complete recognition in law of the principle of equal remuneration for men and women for work of equal value is of utmost importance to ensure the effective application of the Convention, the Committee again urges the Government to: (i) take without delay the measures necessary to fully integrate the principle of the Convention in its national legislation, in collaboration with the employers’ and workers’ organizations; (ii) ensure that the new legal provisions cover not only equal remuneration for men and women for “equal” work or work “performed in the same conditions”, but also for work of an entirely different nature which is nevertheless of equal value within the meaning of the Convention; and (iii) provide information on all progress in this regard.

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

Article 2 of the Convention. Gender wage gap and occupational segregation. In its previous comments, the Committee requested the Government to provide updated statistics on the distribution of men and women in the various economic sectors, occupations and jobs and the corresponding remuneration levels in order to be able to assess the application of the Convention in practice. The Committee notes the Government’s reference to framework collective agreements in the agricultural and non-agricultural sectors which enshrine the principle of gender equality in all areas of work. The statistics provided by the Government in its previous report, show the progression of the number of women in jobs by sector of activity from 1999 to 2016, and reveal a perceptible evolution, especially in the social and cultural services (from 41 per cent to 53.8 per cent), and in the agriculture and food industries (from 13.2 per cent to 28.2 per cent). In this regard, the Committee wishes to stress that to determine the nature, extent and causes of the pay gap, the relevant data and statistics are indispensable in order to define priorities and design appropriate measures, to monitor and evaluate the effectiveness of the measures taken and make any adjustments which may become necessary (see General Survey on the fundamental Conventions, 2012, paragraphs 887–891). In the absence of statistical data on the distribution of men and women in the various economic sectors, occupations and jobs, and the corresponding remuneration levels, the Committee requests the Government to indicate the measures taken or envisaged to collect and analyse these data in order to identify remuneration gaps between men and women and take the necessary measures to eliminate them, thus allowing it to evaluate the application of the Convention in practice, and its development over time.

Rural areas. The Committee recalls that it requested the Government to provide updated information on the distribution of men and women among the different categories of workers in the agricultural sector, specifying the amount of their respective average salaries. In the absence of information on this point, the Committee again requests the Government to provide information on the measures taken or envisaged to promote women’s paid employment and reduce the wage gaps between men and women in rural areas.

Collective agreements. The Committee notes the Government’s reference to the sectoral collective agreement related to hosiery and garments. The Committee again reminds the Government that the principle enshrined in the Convention is not restricted to guaranteeing equality between men and women with regard to remuneration in general, but rather to guaranteeing more specifically that equal remuneration is paid to men and women workers who carry out work of equal “value”. The Committee urges the Government to indicate the measures taken or envisaged to promote and ensure, in collaboration with the social partners, the application of the principle of the Convention in practice, including through collective agreements.

Article 3. Objective job evaluation. The Committee again requests the Government to provide information on measures taken or envisaged to promote, in collaboration with the employers’ and workers’ organizations, the use of objective job evaluation methods in the private and public sectors, with a view to guaranteeing that the principle of equal pay for men and women for work of equal value is given effect in all wage scales. The Committee requests the Government to indicate which criteria are used and applied to determine remuneration in the public and private sectors to ensure that they are free from gender bias and do not lead in practice to an undervaluation of jobs performed mainly by women. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Enforcement. With regard to the Government’s indication that the labour inspectors have received no complaints related to gender discrimination in respect of wages, occupational classification or promotion, the Committee refers the Government to its comment in this connection under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). Moreover, the Committee recognizes the particular difficulties encountered by the labour inspectors in identifying cases of wage discrimination or in determining whether equal remuneration is paid for work of equal value, especially when men and women are not undertaking the same work. It is for this reason that it stresses the need to train labour inspectors so that they are better equipped to prevent, detect and remedy such cases. The Committee requests the Government to provide information on: (i) specific training programmes designed to strengthen the capacity of labour inspectors to deal with cases of wage discrimination; and (ii) the number and nature of cases of gender-based wage discrimination for work of equal value that have come before the labour inspectorate and the courts, and their results.

Article 1(1)(a) of the Convention. Discrimination on grounds of sex. The Committee notes with interest the adoption in 2017 of Basic Act No. 2017-58 of 11 August 2017, concerning the elimination of violence against women. It notes that this Act aims to eliminate all forms of violence against women through the implementation of preventive measures, the pursuit and repression of the authors of violence, and protection and support of victims (section 1). This Act applies to all forms of discrimination and violence to which women are subjected, regardless of perpetrator and place (section 2). The Committee notes that the Act defines and sanctions various types of violence, including: (1) physical violence (any abusive or harmful act undermining the physical integrity or safety of the woman or her life, such as punching, kicking, wounding, shoving, disfigurement, burning, mutilation of certain parts of the body, sequestration, torture and homicide); (2) sexual violence (any act or words by which the author seeks to subject the woman to his own sexual desires or to the sexual desires of others, by coercion, trickery, or other means, of a nature to weaken or undermine the will, and this regardless of the relation of the author to the victim); (3) political violence (any act or practice based on gender discrimination by which the author seeks to deprive the woman of, or prevent her from exercising, any political, partisan or associative activity, or any basic freedom); and (4) economic violence (any act or omission of a nature to exploit women or deprive them of economic resources, regardless of the origin of such resources, including the withholding of funds, wages or income, control of wages or income, and forbidding or coercing the performance of work) (section 3). The Committee also notes that according to section 5 of the Basic Act No. 2017-58 of 11 August 2017, the State commits to formulating national policies, strategic plans and common or sectoral programmes and to establish the regulations and take the measures required for their implementation with a view to eliminating all forms of violence against women within the family, in the social environment, in education, in vocational training, in health, culture, sport and in the media. The Committee requests the Government to provide information on the application in practice on Act No. 2017/58 in the field of work, indicating the measures taken or envisaged under the abovementioned national policies, strategic plans and common or sectoral programmes to reduce sexist violence in employment and occupation. In particular please provide information on the measures taken to inform and raise the awareness of employers, workers and their organizations, labour inspectors, judges and the public at large of the contents of Basic Act No. 2017-58 concerning the elimination of violence against women and more generally of the combat against gender based violence.

Sexual harassment. The Committee notes that, according to section 15 of the abovementioned law, section 226ter of the Penal Code on sexual harassment has been amended and now provides an increased penalty of imprisonment of two years (as opposed to one year previously) and a fine of up to 5000 dinars (US$2000). According to the same article of the Penal Code: “sexual harassment is considered as any aggression of another person by acts, gestures or words carrying sexual connotations that offend or undermine the person’s dignity with the aim of inducing the person to submit to the sexual desires of the aggressor or of others, or by exercising over the person a dangerous pressure likely to weaken the person’s capacity of resistance”. The Committee recalls that, addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case) and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not the full range of behaviour that constitutes sexual harassment in employment and occupation. The Committee notes that this definition covers only sexual harassment, as aggression of a person through acts or words, but does not cover all behaviour that constitutes sexual harassment in employment and occupation, namely: (1) sexual harassment that resembles blackmail (quid pro quo harassment or harassment involving a request for a sexual act in exchange for an advantage or removal of a threat) on the one hand; and (2) harassment due to a hostile, intimidating, degrading, offensive or humiliating working environment on the other. The Committee also notes that the Government provides no information on the measures taken or on existing mechanisms to allow victims of sexual harassment to claim redress. The Committee requests the Government to: (i) consider incorporating in its legislation a provision to define and expressly prohibit sexual harassment in employment and occupation in both its forms (quid pro quo and hostile working environment); and (ii) ensure that the victims of sexual harassment have access to effective remedies. The Committee also requests the Government to provide information on awareness-raising and training activities carried out on harassment for the public, workers and employers and their organizations, as well as for law enforcement agents, labour inspectors and judges.

Article 2. National equality policy. Equality of access to vocational education, training and guidance in rural areas. In its previous comments, the Committee requested the Government to provide information on measures taken to promote equality of access to vocational education, training and guidance of populations living in rural areas, as compared to populations in urban centres, and on the results achieved, especially as regards the situation of girls and women in rural areas. In this connection, the Committee notes the Government’s report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), which announces the adoption of the “National strategy for the economic and social empowerment of girls and women in rural areas, 2017-2020”. According to the data on which the Strategy is based: 32.4 per cent of girls and women in Tunisia live in rural areas, where they represent 50.4 per cent of the total rural population. These women are subject to cultural, social and economic constraints that restrict their access to the labour market and to decent, paid employment. The Strategy adopted reposes on five pillars: (1) economic empowerment; (2) social empowerment; (3) participation in public life and local governance; (4) improvement of the quality of life; and (5) production of statistical data. The Committee requests the Government to provide: information on the impact of the implementation of the National Strategy for the economic and social empowerment of girls and women in rural areas, 2017-2020; on the combat against inequality of access to vocational education, training and guidance from which girls and women living in rural areas suffer; and updated statistical data, disaggregated by sex, that demonstrate the impact of those measures, and on the difficulties encountered in this regard.

The Berber population. For many years the Committee has requested the Government to provide information on the measures taken to promote equality of opportunity and treatment for the Berber population in the labour market. The Committee hopes that the new Act No. 2018-50 concerning the elimination of all forms of racial discrimination, mentioned in its observation, will contribute to giving full effect to the provisions of the Convention on this point. It recalls that the collection and analysis of relevant statistics and data are indispensable to determine the nature, extent and causes of discrimination. The Committee again requests the Government to provide updated statistical information, disaggregated by sex, on the situation of the Berber population with regard to access to education, employment and the labour market. Please also indicate the measures taken to ensure discrimination-free access for men and women from this minority group to employment and to vocational training, as well as access for their children to education and provide information on the impact of measures taken in this regard.

General observation of 2018. With regard to the points raised above and more generally, the Committee wishes to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction, adopted in 2018. In this general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. The Committee thus considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information responding to the issues raised in that observation.

Disability. In its previous comments, the Committee requested the Government to provide updated information on the impact of positive action measures in favour of persons with disabilities provided by Act No. 2005-83 on the promotion and protection of persons with disabilities. The Committee notes that the Act of 2005 was amended by Act No. 2016-41 of 16 May 2016. By virtue of section 29, a quota of at least two per cent of the public service shall, as a priority, be attributed to persons with disabilities. Furthermore, any enterprise or public or private establishment employing between 50 and 90 workers, shall reserve at least one position for persons with disabilities (section 30). Where an enterprise is unable to comply with this quota, it may have recourse to teleworking, subcontracting labour, acquiring products from self-employed persons with disabilities, or from associations working in the field of disability. Noting that the Government has not provided information on the impact of positive action measures taken under Act No. 2005-83, as amended in 2016, the Committee again requests the Government: (i) to provide statistical information specifying the number of workers with disabilities who have benefited from these measures in the private or public sectors; and (ii) to indicate the positive measures taken or envisaged to enable persons with disabilities to benefit from real equality of opportunity, including by combating stereotypes related to disabilities, for example by promoting accessibility through reasonable alterations to installations or by establishing monitoring mechanisms in respect of employment opportunities for persons with disabilities who have participated in training courses and placement programmes.

Article 5. Workers with family responsibilities. In its previous comments, the Committee noted that although men can benefit under the same conditions as women from the part-time work scheme in the private sector (sections 94-2 to 94-12 of the Labour Code), this is not the case in the public sector, where this special scheme applies exclusively to women (Act No. 2006-58 of 28 July 2006 introducing a special part-time work scheme in the public sector). The Committee therefore requested the Government to take steps to harmonize the legislation to ensure that this option should also be available for men working in the public sector. The Committee requests the Government to indicate progress made in this regard and also to provide updated statistics on the number of men and women workers, from the public and private sectors, that have availed themselves of the possibility of part-time work.

Enforcement. The Committee has noted the Government’s indication that, over the past period, the labour inspectors observed no cases of discrimination between women and men in the enterprises visited, across all sectors, irrespective of whether the workers monitored were or were not unionized. According to the Government, neither have the labour inspectors received any complaints alleging discrimination based on sex (with regard to wages, occupational classification or promotion). Given that no society is free from discrimination, the Committee underlines that the absence, or very low number of cases or complaints does not automatically indicate that there is no discrimination in respect of employment or occupation on the basis of the criteria listed in the Convention, but can also be explained by the lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (2012 General Survey on the fundamental Conventions, paragraph 870). The Government has indicated that a Bill against all forms of discrimination is under discussion; the Committee therefore draws the Government’s attention to the need to take this opportunity to make sure that a clear and comprehensive legal framework is put in place so that the right to equality and non-discrimination is known to all and applied in practice. The Committee requests the Government to provide information on the measures taken or envisaged to: (i) raise the awareness of employers, workers and their organizations on the laws and policies regarding non-discrimination and equality and their impact with respect to employment and occupation; and (ii) build the capacities of the labour inspectorate to effectively promote and ensure equality in employment and occupation for all workers employed in all economic sectors, in both the formal and informal economy. Following the adoption of Act No. 2018-50 of 2018 concerning the elimination of all forms of racial discrimination, the Committee requests the Government to provide information and the number and nature of acts of discrimination based on race, colour and national extraction examined by the labour inspectorate and the courts.

Article 1(1)(a) of the Convention. Discrimination on grounds other than sex. Legislation. For many years, the Committee has been drawing the Government’s attention to the absence of provisions in its legislation, in particular in the Labour Code, prohibiting all discrimination in employment and occupation on grounds not only of sex, but also on the other grounds set out in Article 1(1)(a) of the Convention. The Government previously indicated that a Bill prohibiting all forms of discrimination is currently being examined by Parliament. As the Government’s report is silent on this point, the Committee once again urges the Government to take the necessary measures to: (i) explicitly prohibit all discrimination on the basis of race, colour, national extraction, religion, political opinion or social origin in law and practice; and (ii) conduct awareness-raising activities and ensure better knowledge and understanding of the provisions of the legislation implementing the principles enshrined in the Convention by workers and employers and their organizations, as well as labour inspectors and judges.

Discrimination on grounds of race, colour and national extraction. The Committee takes note of Basic Act No. 2018-50 of 23 October 2018 respecting the elimination of all forms of racial discrimination. It notes that section 2 defines racial discrimination as “any distinction, exclusion, restriction or preference made on the basis of race, colour, extraction, national or ethnic origin or any other form of discrimination within the meaning of ratified international Conventions”. In accordance with section 3 of the Act, “the State shall determine the policies, strategies and action plans to prevent any form and practice of racial discrimination and to combat racist stereotypes common in different groups. It also undertakes to disseminate the culture of human rights, equality, tolerance and acceptance of others among the different components of society. The State shall take, within this framework, the measures necessary for their implementation in all sectors, notably health, teaching, education, culture, sport and the media”. Section 6 also provides for a prison sentence of between six months and three years, as well as a fine of 500 dinars (US$200), for any person committing discriminatory acts or using discriminatory language. Finally, in accordance with sections 10 and 11, a national committee to combat racial discrimination, under the Ministry responsible for human rights, shall be established. It shall be responsible for the collection and analysis of data, and for drawing up and proposing public strategies and policies to eliminate all forms of racial discrimination. The Committee requests the Government to: (i) indicate the extent to which Basic Act No. 2018-50 of 2018 also applies to the world of work; and (ii) provide information on the measures taken or envisaged to eliminate all forms of racial discrimination in employment and occupation, in particular through activities undertaken by the future national committee to combat racial discrimination.

Article 2 and 3. Equality of opportunity and treatment for men and women. In its report, the Government indicates that one of the objectives identified in the Development Plan 2016–20 was an increased level of participation in the labour market by women. In this regard, the Committee notes that, according to the findings of the Decent Work Country Programme (DWCP) 2017–22, the activity rate of women in Tunisia remains relatively low at around 25 per cent. Furthermore, according to the statistical data provided by the Government in 2016, women were over-represented in such sectors as manufacturing industries (30.7 per cent, compared with 14.1 per cent for men) and education, health and administrative services (28.2 per cent compared with 16.2 for men). With regard to the legal sector, the Committee notes that there are 935 women magistrates compared with 1,242 men magistrates; 4,193 women attorneys compared with 9,337 men attorneys, and 445 women notaries compared with 1,104 men notaries. According to the Government, the over-representation of women in health, education and social work could be attributed to prejudices that tend to undervalue the qualifications required for jobs of this type, which could be linked to children’s education, for both girls and boys, which accentuates the traditional maternal role of the mother. The Committee notes that such stereotypes, which have their roots in a traditional vision of the respective roles of men and women on the labour market and in society, especially as concerns family responsibilities, have the effect of directing men and women towards different areas of education and occupational training, and thus towards different jobs and careers. As a result, that certain jobs are almost exclusively performed by women and that the jobs considered as “feminine” are generally less highly regarded and therefore poorly paid. For this reason, access to education and to a wide range of occupational training courses is of paramount importance for achieving equality in the labour market for men and women. It is a key factor in determining the actual possibilities of gaining access to a wide range of paid occupations and employment, especially those with opportunities for advancement and promotion. The Committee wishes to emphasize that, not only do apprenticeships and technical education need to be addressed, but also general education, “on the job training” and the actual process of training (General Survey on the Fundamental Conventions, 2012, paragraph 750). In light of the findings of the DWCP 2017–22, the Committee requests the Government to take proactive measures to: (i) promote and facilitate access by women and girls to more diverse training courses, especially in areas of education and training leading to occupations traditionally considered as masculine, so as to offer them real occupational prospects; and (ii) combat stereotypical attitudes in respect of women’s aspirations, capacities and abilities that restrict their access to particular occupations traditionally considered to be “feminine”, and promote their access to a wider range of opportunities in employment and training. It also requests the Government to indicate the results obtained in this regard and to provide updated statistics on the activities of men and women in the private and public sectors, disaggregated by economic sector and occupational category, especially positions of responsibility.

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

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

The Committee takes note of the Government’s first report on the application of the Convention. The Committee notes that the 2016 amendments to the annexes to the Convention entered into force for Tunisia on 8 June 2017. The Committee recalls that these amendments aim at aligning the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organization (ICAO) with respect to the technology for seafarers’ identity documents (SIDs) provided for in the Convention. In particular, they intend to change the biometric template in seafarers’ identity documents from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless chip as required by ICAO Document 9303.

Article 1 of the Convention. Definition of the term “seafarer”. The Committee notes that the Government has not provided information on the definition of the term “mariner” or “seafarer”. However, it observes that section 1 of the Maritime Labour Code of 7 December 1967 defines the term mariner as “any person engaged for service on board a ship and entered in the crew register, excluding masters, pilots, cadets on training ships”. The Committee recalls in this connection that, in accordance with Article 1 of the Convention, the term “seafarer” means any person who is employed or is engaged or works in any capacity on board a vessel, other than a ship of war, ordinarily engaged in maritime navigation. The Committee therefore asks the Government to indicate the measures taken or envisaged to ensure that masters are considered as seafarers and enjoy the protection provided by Convention No. 185.

Article 2(1) and (5). Issuance of seafarers’ identity documents. Right to appeal. The Committee notes that the Government does not provide information on this point. However, it observes that section 1 of the Ministry of Transport Order of 20 February 1991, determining the form, model and validity period of the seafarer’s work record, as well as the content and form of the seafarer’s declaration of identity, provides that the maritime authority shall deliver to any seafarer who can demonstrate that he has a maritime employment contract and wishes to embark on board a Tunisian or foreign ship, a maritime logbook, known as the “seafarer’s work record” or a maritime card, known as the “seafarer’s declaration of identity”, which serves as a seafarer’s book. The Committee requests the Government to specify whether the issuance of SIDs solely covers Tunisian seafarers and, where applicable, those with permanent resident status on Tunisian territory. The Committee also recalls that, in accordance with Article 2(5) of the Convention, seafarers shall have the right to an administrative appeal in case of a rejection of their application for the issuance of a SID. In the absence of information in this respect, the Committee requests the Government to indicate how effect is given to this provision of the Convention.

Articles 3–5 of the Convention. Seafarers’ identity documents. The Committee notes that on 1 March 2018 the Government sent a specimen SID so that the Office could make an initial assessment of its conformity with the technical provisions of the Convention. The Committee notes that following the review of this document by a technical expert from the Office, it was found that the document provided did not comply with the new technical requirements of the Convention, as amended in 2016. Furthermore, in addition to the seafarers’ declaration of identity the SID contained a seafarers’ work record, which is not in conformity with the requirements of the Convention. The Committee recalls in this regard that the SID shall contain only the particulars relating to the holder provided for in Article 3(7) and that other documents such as the seafarer’s book may not be attached to the SID. The Committee notes that the Government states that, in view of the results of the review, the Ministry of the Interior has launched a project to issue a new electronic SID that will meet the technical requirements of ICAO Document 9303. The Government indicates that when the new SID is has been finalized, it will send a detailed report on the application of the Convention. The Committee hopes that the Government will soon be in a position to provide a specimen of the new SID and detailed information on developments concerning the implementation of the Convention.

Article 6. Facilitation of shore leave and transit and transfer of seafarers. The Committee observes that the Government does not provide information on the application of this provision of the Convention. In this regard, the Committee wishes to recall the resolution adopted by the Third Meeting of the Special Tripartite Committee of the Maritime Labour Convention, 2006 (MLC, 2006), which expresses concern about the difficulties seafarers continue to have in accessing shore leave and transiting in certain ports and terminals around the world and recognizes that although an increased number of member States have ratified Convention No. 185, there still appear to be problems in ensuring the Convention works in the way that it was originally intended. The Committee requests the Government to indicate the measures taken or envisaged to give effect to Article 6 of the Convention.

Article 7. Continuous possession of SIDs. The Committee notes that the Government does not provide information on the seafarer’s right to keep the SID in his possession at all times, except when it is held for safekeeping by the master of the ship, with the seafarer’s written consent. The Committee therefore requests the Government to indicate the measures taken to give effect to this provision of the Convention.

Article 2 of the Convention. List of occupational diseases for which compensation is payable. Extension of the scope of the list of occupational diseases and poisonings which qualify for compensation. The Committee notes the information provided by the Government in reply to its previous comments concerning the updating of the list of occupational diseases and the extension of its scope to cover all possible pathological factors arising from lead or mercury poisoning and anthrax infection, including in any atypical or new forms, as prescribed by Article 2 of the Convention. The Government indicates in particular that the revision of the list of schedules of occupational diseases for which compensation is payable in Tunisia takes place every three years, the last one having been in 2017 (Order of the Minister of Social Affairs and the Minister of Health of 29 March 2018 concerning schedules of occupational diseases). The Committee notes the Government’s indication that this revision covered 20 schedules and resulted in the creation of a new schedule relating to strong inorganic acid mists containing sulphuric acid. However, the Committee observes that the list of occupational diseases still enumerates restrictively the pathological factors from lead or mercury poisoning and anthrax infection covered by the occupational disease compensation scheme, even though the Government indicates that no cases of occupational pathology due to anthrax infection have been reported since the setting up of the occupational disease compensation scheme. The Committee also notes the Government’s statement that the review of the compensation system for eligible pathologies forms part of the overall reform of the Tunisian occupational safety and health system which is under way. The Committee once again requests the Government to extend the scope of the list of occupational diseases to cover all possible pathological factors arising from lead or mercury poisoning and anthrax infection, including in any atypical or new forms, as prescribed by the Convention, and expresses the firm hope that the reform under way will result in the adoption of substantive measures.

Application of the Convention in practice . (i) Recognition for compensation purposes of occupational diseases which are not on the list. With regard to its request to facilitate ways to recognize occupational diseases which are not on the list, the Committee notes the Government’s indication that occupational diseases not recognized by the National Health Insurance Fund (CNAM) which do not appear in the schedules of occupational diseases are considered to be diseases of an occupational nature, with doctors obliged to report them stating the nature of the toxic agent to whose action the disease is attributed and the occupation of the patient, so that the authorities can take them into account the next time the list of occupational diseases is revised. The Committee requests the Government to indicate whether workers who have contracted an occupational disease not recognized by the CNAM but whose occupational nature has been established by a doctor, and also, where applicable, their dependants, are entitled to compensation on the same terms as other victims of occupational diseases recognized by the CNAM. If not, the Committee requests the Government to provide statistical information on the number of workers poisoned by substances on the list appended to the Convention who have contracted occupational diseases not on the list but who have not been entitled to compensation.

(ii) Establishment of a procedure for the recognition of occupational diseases for compensation purposes. With regard to the establishment of a procedure for the recognition of occupational diseases, as the Committee had suggested to the Government as an alternative to expanding the list of occupational diseases, the Committee notes the Government’s indication that a proposal to this end will be discussed at the Ministry of Social Affairs with the social partners in the very near future. The Committee welcomes this information and hopes that the social dialogue process announced by the Government will result in better protection of victims in cases of occupational disease. In this regard, the Committee invites the Government to establish a procedure for the recognition of occupational diseases which are not on the CNAM list, in order to ensure that the victims of these diseases receive compensation, and requests the Government to provide information on any measures taken or contemplated in this respect.

While noting this information, the Committee recalls that it has been advised that, on the basis of the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body decided that the member States for which Convention No.18 is in force should be encouraged to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), which is more recent, or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting the obligations of its Part VI (GB.328/LILS/2/1). Part VI of Convention No. 102 and Convention No. 121 reflect the modern approach with respect to employment injury benefit. The Committee therefore encourages the Government to follow up the decision adopted by the Governing Body at its 328th Session (October-November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 121 or Convention No. 102 (Part VI), as these represent the most up-to-date instruments in this subject area.

In order to provide an overview of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the Underground Work (Women) Convention, 1935 (No. 45), the Safety Provisions (Building) Convention, 1937 (No. 62), and the Hygiene (Commerce and Offices) Convention, 1964 (No. 120), in a single comment.

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), confirmed the classification of Convention No. 45 in the category of outdated instruments, and it placed an item concerning the abrogation of this Convention on the agenda of the 113th Session of the International Labour Conference (2024). The Governing Body also asked the Office to undertake follow-up action with member States currently bound by Convention No. 45 to encourage them to ratify the up-to-date instruments relating to OSH, including, but not restricted to, the Safety and Health in Mines Convention, 1995 (No. 176), and to launch a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up the decision adopted by the Governing Body at its 334th Session (October–November 2018) approving the recommendations of the SRM TWG, and to consider ratifying the most up-to-date instruments in this field. The Committee reminds the Government of the possibility of obtaining technical assistance from the Office in this regard.

Safety Provisions (Building) Convention, 1937 (No. 62)

Articles 2 and 4 of the Convention. Legislation and inspection system. The Committee notes the Government’s indication in its report that the construction and public works sector remains the sector with the highest number of serious and fatal industrial accidents and for this reason the Government has formulated with the social partners a national occupational risk prevention strategy in the sector. The national occupational risk prevention strategy in the construction sector is based on the following components: the setting up of the National Council for Social Dialogue (CNDS); the preparation of a new decree on measures to prevent occupational risks in the construction and public works sector; the preparation of a construction sector inspection guide; the establishment of a worksite control unit within the Directorate-General for Medical Inspection and Occupational Safety; the formulation of regional occupational risk prevention programmes in the construction sector by certain occupational medicine inspection divisions to support construction enterprises in the setting up of risk prevention programmes, including medical monitoring of workers, training and awareness-raising for workers, and improvements in occupational safety, health and hygiene conditions. The Committee requests the Government to provide further information on the establishment of the worksite control unit within the Directorate-General for Medical Inspection and Occupational Safety and also a copy of the regional occupational risk prevention programmes and the construction sector inspection guide. The Committee also requests the Government to indicate whether the decree on measures to prevent occupational risks in the construction and public works sector has come into force and, if so, to send a copy of it.

Articles 6–10. Statistical information. Fall of persons or materials; electrical installations. Further to its previous comment, the Committee notes the statistical information available from the national health insurance fund in 2018 according to which the number of industrial accidents recorded in the construction and public works sector decreased from 3,261 accidents, including 36 fatal accidents, in 2015 to 3,036 accidents, including 33 fatal accidents, in 2018. The Committee notes that, according to this statistical information, the main causes of fatal accidents in 2018 were still falls from height, electrocution, falls of objects, and collisions. The Committee requests the Government to intensify its efforts to protect workers from falls from height, to prevent falls of materials and to prevent dangers arising from electrical installations, in accordance with Articles 7, 8, 9 and 10 of the Convention. It also requests the Government to continue to provide information on the number and classification of accidents covered by the Convention.

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Legislation. Further to its previous comment, the Committee notes that the Government has not supplied any information on the draft amended version of Decree No. 68-328 of 1968 concerning hygiene. The Committee requests the Government to indicate whether the draft amended version of Decree No. 68-328 concerning hygiene has been adopted and, if so, to send a copy of it.

Article 6 of the Convention. Inspection system. Further to its previous comment, the Committee notes the statistical information provided in the 2017 report of the labour inspectorate, which indicates that the 18,297 inspections included 2,645 in shops and financial establishments, 36 in public administrative establishments and 197 in public offices and establishments.

Article 18. Protection against noise and vibrations. In view of the fact that there has been no reply from the Government to the Committee’s previous comment on this point and recalling that, according to the information provided by the Government in its previous reports, the standards adopted with regard to noise levels are not legally binding, the Committee once again requests the Government to provide additional information on the measures taken to ensure that these standards are actually applied.

The Committee notes that a representation under article 24 of the ILO Constitution was submitted to the Governing Body by the Union of Labour Inspectors, alleging non-compliance by Tunisia with the Labour Inspection Convention, 1947 (No. 81). At its 340th Session (October–November 2020), the Governing Body decided that it was receivable and to designate a tripartite committee for its examination (GB.340/INS/19/3, paragraph 5). The Committee notes that the allegations contained in the representation refer to Articles 6, 10 and 11 concerning the conditions of service and independence of inspectors, the number of inspectors, and financial and material resources. In accordance with its usual practice, the Committee has decided to defer the examination of this issue until the Governing Body adopts its report on the representation.

Articles 14 and 21(f) and (g). Statistics of occupational accidents and cases of occupational disease. In its previous comments, the Committee noted that employers are required to report an occupational accident or case of occupational disease within three working days of the date on which it was notified to them, in accordance with section 63 of Act No. 94-28 of 21 February 1994. It requested the Government to ensure that, in future, annual inspection reports contain statistics of occupational accidents and cases of occupational disease. The Committee notes the Government’s indication that the Directorate General of the General Inspectorate of Labour and Conciliation issued a memo to all the heads of the regional divisions inviting them to send to all enterprises under their monitoring duties reminders of the obligation to report industrial accidents and cases of occupational disease and highlighting the importance of such information. In addition, the Committee notes the statistical information provided in the 2017 report of the Labour Inspectorate concerning the number of industrial accidents and cases of occupational disease, as well as the available statistics of the National Health Insurance Fund in 2018.

Articles 5(a), 17 and 18. Action taken on unheeded notices and on reports. Further to its previous comments, the Committee notes the Government’s indication that the power to report a violation by submitting a statement lies with labour inspectors under section 177 of the Labour Code. It notes that, upon receipt of the report of the violation, the president of the court of first instance decides on its transmission to police officers, who conduct an investigation to ascertain the truth of the facts but who, according to the Government's indication, have no knowledge of labour law in most cases. The Government indicates that communication regarding follow-up by the courts to criminal proceedings initiated by labour inspectors remains unpredictable, despite the inspectors’ efforts. The Committee notes that, according to the information contained in the 2017 report of the Labour Inspectorate, further to the 18,297 inspections conducted in 2017, 3,114 employers were issued written warnings with 24,363 violations identified, and 526 reports were drawn up, covering 3,183 violations. The Committee requests the Government to intensify its efforts to strengthen cooperation among the Labour Inspectorate, the police and the judiciary in order to ensure that penalties are effectively enforced. The Committee also requests the Government to provide information on the follow-up to the reports of violations submitted, specifying the outcome and, where relevant, the fines or other penalties applied and to include this information in the annual report, in accordance with Article 21(e) of the Convention.

Article 21(c). Set up a register of workplaces liable to inspection. In its previous comments, the Committee noted that statistics on workplaces liable to labour inspection and the number of workers they employ were not available. The Committee notes the Government’s indication in its report that the services of the Ministry of Social Affairs are compiling a database containing this information. The Committee requests the Government to continue its efforts to compile a database containing statistics on workplaces liable to inspection and the number of workers they employ. It also requests the Government to communicate these statistics and to ensure that such information is presented, in the future, in the annual report of the Labour Inspectorate.

Articles 20 and 21. Preparation and communication of an annual report on the work of the inspection services. The Committee notes the 2017 annual report of the Labour Inspectorate provided by the Government in 2019. The Committee requests the Government to continue transmitting the annual report of the Labour Inspectorate to the ILO. It also requests the Government to provide information on its publication, in accordance with Article 20(1).

Articles 4 and 5 of the Convention. Payment of old-age, invalidity and survivors’ benefits in the case of residence abroad. In its previous comments, the Committee requested the Government to bring the legislation into full conformity with the Convention by removing the restrictions relating to the payment of old-age, invalidity and survivors’ benefits to Tunisian nationals where the latter are not resident in Tunisia at the date on which the application for benefits is made (section 49 of Decree No. 74-499 of 27 April 1974 and section 77 of Act No. 81-6 of 12 February 1981). The Committee notes the reply provided by the Government in its report concerning the measures taken with a view to ensure the application in practice of Article 4 and 5 of the Convention. It notes, in particular, that in line with the instructions of the Ministry of Social Affairs of 2007 and 2016 on the application of the Circular of the Tunisian Central Bank No. 93/21 of 10 December 1993, as modified by Circular 2007–21 of 14 August 2007, the National Social Security Fund (CNSS) transfers old-age, invalidity and survivors’ benefits abroad to Tunisian nationals living abroad, nationals of countries that have concluded bilateral agreements with Tunisia and nationals of European Union (EU) countries that are not bound by bilateral agreements with Tunisia, when they reside in their country of origin. The Government also indicates that, by virtue of the many bilateral agreements on social security concluded by Tunisia with other countries such as France, pensions are also transferred to third countries bound to both countries by instruments of coordination in the area of social security. Taking this into consideration, the Government is of the view that the incompatibility of the legislation with Articles 4 and 5 of the Convention is largely superseded by the multiplicity of international social security agreements providing for the export of benefits, which give effect to the above-mentioned Articles in practice. Lastly, the Committee notes once again the Government’s indication that a draft law and decree has been prepared with a view to ensuring the conformity of the national legislation with the Government’s obligations under the Convention. Taking note of the information provided by the Government on the measures taken to ensure in practice the payment of social security benefits to Tunisian nationals residing abroad in the same way as foreign nationals, the Committee recalls that applying the Convention also requires the adoption of legislative provision that give effect to its provisions. The Committee firmly hopes that the Government will adopt, without any further delay, the legislative amendments that are necessary to put the national legislation in full conformity with Articles 4 and 5 of the Convention by removing the condition of residence at the time of application to which nationals are subject for the payment of old-age, invalidity and survivor’s benefits abroad. The Committee requests the Government to provide information on the legislative measures adopted in this regard and on any developments concerning the conclusion of additional bilateral or multilateral agreements for the maintenance of social security rights and payment of benefits abroad, notably with the European Union. Lastly, the Committee requests the Government to provide statistical information concerning the transfer of social security benefits abroad for the branches of the Convention accepted by Tunisia.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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.

Article 3 of the Convention. Prohibition on night work for women. The Committee notes that section 66 of the Labour Code prohibits, in principle, night work for women. While noting that the Labour Code provides for possible adjustments and exceptions to this principle, the Committee recalls that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation (see the 2018 General Survey on working time instruments, paragraph 545). The Committee therefore requests the Government to examine sections 66 to 74 of the Labour Code in the light of this principle, in consultation with the social partners. Recalling that the Convention will be open for denunciation between 27 February 2021 and 27 February 2022, the Committee encourages the Government to consider its denunciation. It also draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument, but focuses on the protection of all those working at night.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

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

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

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

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

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

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

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

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

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

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the adoption of the National Plan of Action to Combat Child Labour 2015–20 and asked the Government to provide information on the measures adopted within the framework of the National Plan of Action and the results achieved.

The Government indicates in its report that, in the context of the PROTECTE project “United against child labour in Tunisia”, implemented by the ILO in cooperation with the Ministry of Social Affairs, training workshops on combating child labour have been held for trainers within government institutions with a stake in the project and for focal points in all governorates in the country. Workshops on the roles and responsibilities of actors combating child labour have also been held in 2019 in the target areas of Jendouba and Sfax, in the context of support for implementation of a pilot model for the “Child labour monitoring system (SSTE)”. The Government also indicates that the PROTECTE project led to the drawing up in 2018 of a guide to the laws and regulations relating to child labour in order to reinforce the knowledge of institutional actors. In addition, a guide to action against child labour has been developed, for those involved in combating child labour.

The Government also mentions the “National survey of child labour in Tunisia 2017”, carried out by the National Institute of Statistics (INS) with technical assistance from the ILO and published in 2018, which highlighted the scope and the different forms of child labour in the 5–17 age group. In this regard, the Committee notes that according to this survey, which was carried out with the participation of stakeholders in the National Plan of Action, 7.9 per cent of children between 5 and 17 years of age are involved in child labour, and of these 75.9 per cent are involved in hazardous work. Among the 16–17 age group, 14.3 per cent of children are engaged in hazardous work. Moreover, the survey indicates a higher number of boys than girls forced to engage in child labour (9.7 per cent of boys compared with 6 per cent of girls). In the rural areas of the country, where agriculture predominates, 15.7 per cent of children are involved in child labour, compared with 3.8 per cent in urban areas. Child labour is particularly widespread in the rural region of north-west Tunisia (Jendouba, Beja, Kef and Siliana), where 27.7 per cent of children are involved in child labour, and nearly one in four children (24.6 per cent) performs hazardous work. The Committee also notes that, according to ILO information communicated in the context of the PROTECTE project, a draft decree has been drawn up for establishing a unit, at the Ministry of Social Affairs, for the management of action against child labour. While duly noting the Government’s activities, the Committee requests the Government to intensify its efforts to ensure the progressive elimination of child labour, including in agriculture and in hazardous work. It requests the Government to provide information on the number and nature of violations recorded and the penalties imposed, and on the role of the unit for the management of action against child labour. The Committee also requests the Government to provide information on the results achieved in the context of the National Plan of Action to Combat Child Labour 2015–20 with regard to the elimination of child labour in the country, and to indicate whether the Plan of Action has been renewed.

Article 7(3). Determination of light work. For many years, the Committee has been asking the Government to take the necessary measures for the adoption of the Decree, referred to by the Government, for determining the nature of light work.

The Committee notes the Government’s indication that a draft decree has been drafted relating to the employment of children in light work in the context of non-industrial and non-agricultural activities. The Government states that a copy of this decree will be sent to the ILO once it has been adopted.

The Committee also notes that sections 55 and 56 of the Labour Code provide that the minimum age for admission to work is fixed at 13 years for light work which is not harmful to the health or development of children or detrimental to their school attendance. It notes that section 56, concerning non-industrial and non-agricultural activities, provides that light work can only be done by children for a maximum of two hours per day, and that a decree determines the nature of light work and the initial precautions to be taken when employing children in such work. The Committee expresses the firm hope that the decree concerning the employment of children in light work in non-industrial and non-agricultural activities will be adopted in the very near future, pursuant to section 56 of the Labour Code, in order to determine light work permitted for children from the age of 13 years.

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

Repetition

Article 1 of the Convention. Policies and programmes. The Committee notes the information provided in the Government’s report received in November 2013 in reply to its 2009 direct request. The Government indicates that the reforms undertaken in the field of vocational training envisage entrusting training centres with autonomy so as to enable them to be responsive to the requirements in their field. It adds that the new model envisages the integration of the function of “following up the integration of graduates” in the missions of the centres so that they can gauge the extent to which enterprise skill needs are being met and, accordingly, the employability of graduates. The Committee also notes the establishment of the national classification of skills (CNQ) by Decree No. 2009–2139 of 8 July 2009 with a view to strengthening the links between human resources development institutions and the needs of economic sectors and improving the readability of degrees by enterprises, individuals, and education training and teaching establishments. The Committee invites the Government to indicate the manner in which effective coordination has been ensured between the objectives of employment policy and vocational guidance and training policies and programmes, and to provide information on the impact of the measures taken with a view to ensuring the follow-up of the integration of graduates (Article 1(2) to (4) of the Convention). The Committee requests the Government to provide extracts of reports, studies and inquiries, and statistical data, on policies and programmes intended to promote access to education and lifelong training.

Article 5. Collaboration with the social partners. The Government indicates that the State is increasingly promoting the effective and efficient participation of the various actors, namely the region, occupational branches, central structures entrusted with training and vocational training centres. The Committee notes that a framework agreement was signed on 25 November 2012 between the Ministry of Vocational Training and Employment (MFPE) and the Tunisian Federation of Industry, Commerce and Crafts (UTICA). The provisions of the agreement include an undertaking by the two parties to ensure the articulation of vocational training and employment and to develop an operational framework to ensure the governance of the vocational training system. The Committee also notes with interest the conclusion in January 2013 of a social contract between the Tunisian General Labour Union (UGTT), UTICA and the Government, which includes employment and vocational training policies among its five main pillars. The Committee invites the Government to provide information on the manner in which collaboration with employers’ and workers’ organizations is ensured in the formulation and application of vocational guidance and training policies and programmes.

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

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

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

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

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

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

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

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

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

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

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

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

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

Comments adopted by the CEACR: Tunisia

Adopted by the CEACR in 2021

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C185 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C018 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C062 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Underground Work (Women) Convention, 1935 (No. 45)

Safety Provisions (Building) Convention, 1937 (No. 62)

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C118 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C026 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C089 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C095 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C099 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C107 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C142 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Tunisia

Display the list by:

Adopted by the CEACR in 2021

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C185 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C018 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C062 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Underground Work (Women) Convention, 1935 (No. 45)

Safety Provisions (Building) Convention, 1937 (No. 62)

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C118 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C026 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C089 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C095 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C099 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C107 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C142 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)