Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 138) sur l'âge minimum, 1973 - Tunisie (Ratification: 1995)

Article 2(1) and (3) of the Convention. Scope of application and school attendance. The Committee previously noted that section 53 of the Labour Code sets the minimum age for admission to employment at 16 years, but appears not to cover children working on their own account. In this regard, the Government indicated that basic education is compulsory until the age of 16 years and that, in its view, compulsory education prevents children under 16 years of age from working on a self-employed basis or entering the labour market. The Committee noted that, under section 1 of Act No. 2002-80 of 23 July 2002 concerning school education and instruction, education remains compulsory for all children aged between 6 and 16 years, while section 21 provides that any guardian who fails to enrol his or her child in a basic education establishment or withdraws his or her child from education before the age of 16 years shall be liable to a fine ranging from 20 dinars (TND) to TND200. The Committee noted that, in order to further guarantee the right to education, Tunisia has prioritized action against school failure and drop-outs in its education policy. The Government indicated that the measures implemented had started to bear fruit.

The Committee takes due note of the statistics provided in the Government’s report on trends in school enrolment and drop-out rates in recent years. It notes that, between 2009 and 2011, the enrolment rate for children between 6 and 16 years of age increased from 91.4 per cent to 93.2 per cent and that the drop-out rate in basic education has fallen.

Article 7. Determination of light work. In its previous comments, the Committee noted the Government’s indications that a draft decree determining the nature of light work and the conditions under which such employment or work may be undertaken was being drawn up.

The Committee notes that this draft text has not yet been adopted. The Committee once again hopes that the draft decree concerning light work will be adopted shortly and requests the Government to provide a copy of it with its next report.

Article 8. Artistic performances. In its previous comments, the Committee noted that the Order of the Ministry of Social Affairs of 19 January 2000 sets out the conditions for granting individual permits for the participation of children in public performances or cinematographic works, such as: the written consent of the guardian; certification by a specialized doctor of the physical and mental fitness of the child to perform the work; and participation in public performances or cinematographic works authorized by the competent authorities. In addition, the permit cannot be granted for participation in work that is hazardous or likely to be harmful to the development, morals or school attendance of the children, and the maximum duration of the actual work is two hours a day, while the duration of their presence is four hours a day. The Government has also indicated on several occasions that a copy of the Order determining the minimum age for the granting of individual permits would be forwarded to the Office once the text was adopted. Noting the absence of information in this regard, the Committee requests the Government to provide a copy of the Order of the Ministry of Social Affairs of 19 January 2000.