Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Tunisia (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. Further to its previous comments, the Committee notes that, according to the information provided by the Government in its report on the Forced Labour Convention, 1930 (No. 29), the latest statistics on trafficking in persons show that over half of the 11,000 cases identified of trafficking in persons in 2021 concerned children (55.6 per cent). The forms of trafficking are characterized by a high number of cases of the economic exploitation of children which expose them to begging and to marginal activities (24.2 per cent).

The Committee notes the Government’s indication in its report that the National Authority to Combat Trafficking in Persons (INLCTP) has been called upon to provide annual reports, which include the various statistics received by the ministries concerned. In this regard, the Government indicates that the information requested by Committee on the effect given to the provisions of Basic Act No. 2016-16 of 3 August 2016 relating to the sale and trafficking of children under 18 years of age are produced in coordination with the Ministry of Justice. However, the Committee notes with regret that the Government has not provided this information. In view of the significant number of cases of trafficking of children detected, the Committee urges the Government to reinforce its efforts to prevent children under 18 years of age from becoming victims of trafficking by ensuring the effective application of the legislation on this subject. It requests the Government to provide specific information in its next report on the effect given to the provisions respecting the sale and trafficking of children under 18 years of age, including statistics on the number of violations detected, convictions and penalties imposed.

Article 3, clauses (a) and (d). Forced or compulsory labour and hazardous work. Child domestic workers. The Committee noted previously that many children, and particularly young girls, are economically exploited as domestic workers below the minimum age for admission to employment of 16 years. The Committee notes with regret that, although the Government affirms in its report its willingness to strengthen the protection of children against violence and that this is a strategic priority of the Ministry of the Interior, it has not provided information on the effect given in practice to Act No. 2017-58 of 11 August 2017 on the elimination of violence against women in relation to the prohibition of domestic work by children under 18 years of age.

The Committee also notes that the order of the Ministry of Social Affairs determining the types of work in which the employment of children is prohibited, promulgated on 1 April 2020, and Act No. 2021-37 of 16 July 2021 regulating domestic work (section 5) also prohibit domestic work by children under 18 years of age. The Committee further observes that, in accordance with section 22 of Act No. 2021-37, responsibility for inspection and the identification of violations in the application of this Act is entrusted to the labour inspection services and that, in accordance with section 23, the penalties envisaged by the penal legislation in force (and particularly the Penal Code, Basic Act No. 2016-61 of 3 August 2016 to prevent and combat trafficking in persons and Basic Act No. 2017-58 of 11 August 2017 on the elimination of violence against women) are applicable in the event of the recruitment or intermediation for the employment of children in domestic work. The Committee urges the Government to strengthen its efforts to prevent children under 18 years of age being exploited in domestic work by ensuring the effective application of the new legislation on this subject. The Committee once again requests the Government to provide information on: (i) the measures adopted for the identification of violations of the prohibition on the employment of domestic workers under 18 years of age; (ii) the number of violations detected and prosecutions initiated; and (iii) the number and nature of the penalties handed down.

Article 7(2)(b). Effective time-bound measures for the removal of children from the worst forms of child labour and their rehabilitation and social integration. Trafficking and commercial sexual exploitation. In its previous comments, the Committee requested the Government to provide information on the action taken by the Police Child Protection Service of the Ministry of the Interior, child protection officers (DPEs) and the security units and special branches of the Ministry of the Interior, as well as the INLTCP, in relation to child victims of trafficking, commercial sexual exploitation and the exploitation of children in begging.

In this regard, the Committee notes the information provided by the Government on the training activities undertaken for the units specializing in combating the exploitation and trafficking in persons since 2019 covering the effects of these crimes on the victims and knowledge of guidance and legal support mechanisms and protection measures. The Committee further notes, according to the website of the Council of Europe, a support project for independent institutions in Tunisia (PAII-T) through which the European Union and the Council of Europe are providing support to the INLCTP, particularly for the structuring of the National Guidance Mechanism (MNO) for victims of trafficking, which was launched in 2021. In this regard, the Committee also notes that, according to a communiqué issued by the International Organization for Migration (IOM) on 6 September 2023, the IOM, in partnership with the INLCTP, have carried out intersectoral training workshops with a view to the initiation of key actors in Tunisia involved in the protection of child victims of trafficking on the content of the MNO with a view to ensuring rapid and direct protection and support for victims and their access to the rights set out in Basic Act No. 61-2016 to prevent and combat trafficking in persons. The Committee encourages the Government to continue its efforts to develop a mechanism for the protection, rehabilitation and social integration of victims of the worst forms of child labour, and particularly trafficking and commercial sexual exploitation. In this regard, it requests the Government to provide information on the results achieved, and particularly the number of child victims of these worst forms of child labour who have benefited from assistance with a view to their rehabilitation and social integration through the structures referred to above and their use of the MNO, and on the nature of the assistance received.

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