Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Tunisia (Ratification: 1957)

The Committee notes the observations of the International Trade Union Confederation (ITUC) and the African Regional Organisation of the ITUC (ITUC-Africa), received on 2 and 11 September 2025, respectively, alleging new cases of serious violations of trade union rights by the authorities, including acts of persecution and criminal penalties against trade union leaders, since the discussion that was held in the Committee on the Application of Standards of the International Labour Conference (Conference Committee) in June 2024. Deeply concerned by these allegations of systematic violations of civil liberties and freedom of association in the country, the Committee refers to the conclusions of the Conference Committee and requests the Government to provide its comments in this respect.

Articles 2 and 3 of the Convention. Legislative amendments. In its previous comments, the Committee urged the Government to take the necessary measures to amend the following sections of the Labour Code: (i) section 242, to ensure that minors who have reached the statutory minimum age for admission to employment (16 years under section 53 of the Code) are able to exercise their trade union rights without authorization from their parent or guardian; (ii) section 251, to allow foreign workers access to the functions of trade union leadership, at least after a reasonable period of residence in the country; and (iii) sections 376 bis, 376 ter, 387 and 388 concerning restrictions on the exercise of the right to strike (approval of the umbrella organization before declaring a strike, compulsory indication of the duration of the strike in the strike notification and the possibility of imposing penalties in the event of an unlawful strike).

The Committee notes with regret that the Government merely refers to the reform of the Labour Code introduced by Act No. 2025-9 of 21 May 2025 regulating employment contracts and prohibiting labour subcontracting, without reporting any progress in amending the above-mentioned legislative provisions. The Committee once again urges the Government to take the necessary steps, in response to its long-standing recommendations and in consultation with the social partners, to amend sections 242, 251,376 bis, 376 ter, 387 and 388 of the Labour Code and to give full effect to the provisions of the Convention. The Committee trusts that the Government will provide detailed information on any progress made in this regard.

The Committee also requested the Government to report on the adoption of a decree for determining the list of essential services, as provided for by section 381 ter of the Labour Code. Noting with deep regret that the Government does not provide any information in this respect, the Committee once again urges the Government to provide information on any measures taken toward the adoption of said decree and to send a copy of the decree once it has been adopted.

Representativeness criteria. The Committee requested the Government to indicate the measures taken to ensure that the determination of the representative organizations at the sectoral and enterprise level is based on clear, pre-established and objective criteria. The Committee notes the Government’s indication that a tripartite workshop on the issue of trade union representativeness at the sectoral and enterprise level was held from 26 to 28 May 2025, in collaboration with the ILO, and that as soon as a consensus is reached between the social partners and the Government, the progress made in this area will be reported. The Committee firmly expects that the criteria for representativeness at the sectoral and enterprise level adopted in consultation with the social partners will be based on clear, pre-established and objective criteria. It requests the Government to provide information on any developments in this regard.