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

Forced Labour Convention, 1930 (No. 29) - Tunisia (Ratification: 1962)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee asked the Government to provide information on the activities of the National Authority for Combating Trafficking in Persons (INLTP) – one of whose roles is to coordinate efforts to combat trafficking and provide protection for victims –, the results achieved under the “National strategy to combat trafficking in persons 2018–23”, and information on the suppression of cases of trafficking in persons.

The Government indicates in its report that the INLTP drew up its national report for 2021 on trafficking in persons, in partnership with UNICEF. The Government explains that this report presents statistical data on trafficking, and it includes a specific analysis of trafficking of children in the country. According to the report, 1,100 trafficking victims were identified in 2021, of whom 44.4 per cent were adults, 65 per cent were women and 54 per cent were of foreign nationality.

The Committee also notes that in December 2021 the INLTP established a “National mechanism for guidance for trafficking victims”, to facilitate the identification of victims and provide protection and assistance for them. It notes the existence of an INLTP helpline and the preparation of a “Trafficking victims’ passport of rights”, aimed at facilitating the identification of trafficking situations for victims and providing information on their rights. The Committee notes that trafficking victims’ recognized rights include medical and psychological assistance, the right to accommodation, and material and legal assistance, in accordance with Basic Act No. 2016-61 of 3 August 2016 on the prevention and combating of trafficking.

The Committee further notes the Government’s indication, in its report of 29 August 2022 to the United Nations (UN) Human Rights Council in the context of the Universal Periodic Review, that the INLTP has organized various training activities for members of the legal profession, and also national and local awareness-raising campaigns. The Government also indicated that the INLTP faces difficulties in terms of human and financial resources (A/HRC/WG.6/41/TUN/1). In addition, the Committee notes that the UN Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of March 2023, expressed concern at the fact that the courts in the State party often apply section 232 of the Penal Code concerning exploitation of prostitution in trafficking cases, which provides for lighter penalties than Basic Act No. 2016-61 (CEDAW/C/TUN/CO/7).

The Committee requests the Government to continue its efforts to combat trafficking in persons, particularly through capacity-building for the bodies responsible for enforcing the law so as to enable better identification and suppression of cases of trafficking in persons. The Committee once again requests the Government to provide information on the number of investigations conducted, prosecutions initiated and convictions handed down under Act No. 2016-61 on the prevention and combating of trafficking. The Committee also encourages the Government to continue its efforts regarding guidance and support for trafficking victims, and requests it to continue indicating the number of trafficking victims identified, and also the number of those who have benefited from assistance measures. Lastly, the Committee requests the Government to provide detailed information on the results achieved under the “National strategy to combat trafficking in persons 2018-23” or any new strategy that has been adopted, and also on the difficulties encountered and the measures taken or envisaged to overcome them.

Article 2(2)(a). Purely military nature of work performed in the context of compulsory national service. For many years, the Committee has been drawing the Government’s attention to the need to bring its legislation on compulsory national service (Act No. 2004-1 and Decree No. 2004-516 of 2004) into conformity with the Convention. Under the aforementioned legislation, conscripts may, at their request, be assigned to non-military work in units of the internal security forces, administrations or enterprises.

The Government indicates that national service covers purely military activities, as well as participation in efforts aimed at the country’s economic and social development, and action to combat natural disasters. The Government also reiterates that it will send the ILO the information requested by the Committee (in particular on the number of persons performing military service outside units of the armed forces) once it has received replies from the administrations concerned.

The Committee wishes to emphasize once again that the underlying objective of Article 2(2)(a) of the Convention is to ensure that work performed as part of compulsory national military service is work arising from the need to ensure national defence. This exception does not extend to the performance of public works by conscripts, which are not of a purely military nature. The Committee trusts that the Government will take the necessary steps to revise the legislation relating to compulsory military service, in order to limit work performed as part of military service to work of a purely military nature. The Committee once again requests the Government to provide statistical information, disaggregated by year, on the number of persons who have requested and performed their national service outside armed forces units, and the number of persons who have performed their national service within armed forces units.

Article 2(2)(c). Work in the general interest. In its previous comments, the Committee noted that the judge may impose a sentence of work in the general interest (as an alternative to imprisonment), freely determining the establishment for which this work will be carried out, provided that it is a public establishment, a local community, a charitable or aid association, or an association of national interest or engaged in environmental protection, under the terms of section 17 of the Penal Code. The convicted person may refuse to carry out work in the general interest. In the absence of information from the Government, the Committee once again requests the Government to provide examples of associations that have already received persons sentenced to work in the general interest and examples of the types of work that may be required in this context.