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

Abolition of Forced Labour Convention, 1957 (No. 105) - Tunisia (Ratification: 1959)

Article 1(a) of the Convention. 1. For many years, the Committee has been asking the Government to provide information on the application in practice of the penal provisions contained in sections 44, 45, 48, 61 and 62 of the Press Code of 1975. In its previous direct request, the Committee pointed out that by virtue of the Law of Amnesty No. 89-63 of 3 July 1989, persons sentenced or on trial for violation of the provisions of press law, other than the provisions concerning privacy of the individual, had been released and asked the Government to indicate all cases where the above-mentioned provisions of the Press Code had been applied and to include the texts of judicial decisions handed down since the entry into force of the Law of Amnesty, so that it could ascertain that the practical application of these provisions was not affecting the implementation of Article 1(a) of of the Convention.

The Committee notes the Government's statement that this information will be provided as soon as it is available, and hopes that the Government will provide the information in question.

2. The Committee notes that under section 24 of Act No. 59-154 of 7 November 1959, as amended by basic Act No. 88-90 of 2 August 1988, the Minister of the Interior can require that associations whose activities have a political object to be dissolved by law. Under sections 21 and 30 of the Act, persons encouraging meetings of an association that has been dissolved or who participate in maintaining or re-establishing such an association are liable to a penalty of imprisonment of from one to six months and from one to five years respectively (involving compulsory labour).

The Committee asks the Government to provide information on the practical application of these provisions, and to enclose copies of any judicial decisions, defining or illustrating their scope.

3. The Committee again requests the Government to provide copies of the texts in force concerning public meetings and demonstrations.

Article 1(c) and (d). 4. The Committee notes that under sections 51 and 56 of the Disciplinary and Penal Maritime Code, refusal to obey or resistance to an order concerning service either at sea or in a port other than a Tunisian port, and subsequent serious disciplinary misconduct during the same voyage can be punished by a six months' prison sentence (involving compulsory labour).

The Committee refers to paragraphs 110, 117 and 118 of its General Survey of 1979 on the abolition of forced or compulsory labour, and asks the Government to indicate the measures taken or contemplated to ensure that penal sanctions involving compulsory labour can be applied only to acts that endanger the safety of the vessel or the life and health of persons on board.

The Committee notes that under sections 53 and 54 of the same Code, participation in an illegal strike in a Tunisian port can be punished by a prison sentence of three months, or six months in the event of participation in or incitation to strike at sea or in a foreign port.

The Committee also refers to its observation concerning the application of the Convention, and requests the Government to provide information on the measures taken or envisaged to ensure that the application of penalties (involving compulsory labour) is limited to acts endangering the safety of the vessel or the life or health of persons on board.