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

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

The Committee notes the Government's detailed report and the information supplied on the application of the Convention.

Article 1(a) of the Convention. 1. In its previous comment, the Committee requested the Government to take the necessary measures to ensure that the persons to whom the Convention affords protection, particularly with regard to the freedom to express opinions in the press and freedom of association and assembly, may not be subjected to penalties involving the obligation to work. In its latest report, the Government states that article 8 of the Constitution guarantees the freedoms of opinion, expression, the press, publication, assembly and association, as well as the right to organize, and that these freedoms and rights are exercised under the conditions determined by the law. The Government states that the penalty of forced labour was abolished in Tunisia by Act No. 89-23 of 17 February 1989.

The Committee notes this statement. Nevertheless, it recalls that several provisions in the national legislation (sections 7, 8, 12, 24, 25 and 26 of Act No. 69-4 of 24 January 1969) place limits on the protection afforded by the Convention to persons who express opposition to the established political order. The Committee recalls that sentences of imprisonment involving the obligation to work must not be imposed as a punishment for expressing political views and it requests the Government to indicate whether Act No. 69-4 has been amended and, if so; to supply copies of the relevant texts.

2. In its previous comments, the Committee requested the Government to provide information on the application in practice of sections 44, 45, 48, 61 and 62 of the Press Code of 1975 and sections 21, 24 and 30 of Act No. 59-154 of 7 November 1959 (as amended by basic Act No. 88/90 of 2 August 1988). It trusts that the Government will make every effort to provide the requested information in its next report.

3. The Committee recalls that Act No. 94-29 of 21 February 1994 provides that compulsory arbitration and requisitioning can only be imposed in essential services. It once again requests the Government to provide a copy of the list of services considered to be essential under this Act as soon as it has been adopted.

4. In its previous comments, the Committee noted that section 13 of the Penal Code provides for sentences of imprisonment involving the obligation to work for persons who participate in an illegal strike and that the legality of the strike is conditional on its approval by the Central Workers' Organization (section 376bis(2) of the Labour Code). The Committee requested the Government to take the necessary measures to ensure that penalties involving compulsory labour may not be imposed for participation in a strike on the sole ground that it has not been approved by the Central Workers' Organization. In its latest report, the Government once again states that participation in an illegal strike may expose the worker to a penalty of imprisonment which may involve normal prison work. The Committee draws the Government's attention to the fact that, according to paragraphs 120-132 of its General Survey of 1979 on the abolition of forced labour, penalties including normal prison labour can be imposed for participation in illegal strikes only where the strikes are illegal because they have been called in essential services. In this respect, the Committee once again requests the Government to take the necessary measures to ensure that penalties involving compulsory labour may not be imposed for participation in a strike on the sole ground that it has not been approved by the Central Workers' Organization.