Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Tunisie (Ratification: 2000)

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

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

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

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

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

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