Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Indigenous and Tribal Populations Convention, 1957 (No. 107) - Tunisia (Ratification: 1962)

Articles 1 and 3 of the Convention. Identification and protection of tribal and semi-tribal populations. The Committee previously noted the information sent by the Government stating that the Berber population (Amazigh) mainly lived in a number of communities in southern Tunisia. It asked the Government to provide information on the measures taken to guarantee the protection of the institutions, religion and culture of the Berber population. The Government indicates in its report that Tunisian society is homogenous and that its recent history does not contain any evidence of racial discrimination. The Government refers to article 21 of the Constitution of 2014, under which all citizens have equal rights and duties and are equal before the law, without discrimination. Moreover, the State guarantees the individual and collective rights and freedoms of all citizens.

The Committee notes that the United Nations Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of November 2016, expressed its concern at the information received on the discrimination reportedly suffered by the Berber minority, particularly in the exercise of cultural rights, and at the lack of data disaggregated by ethnic and cultural affiliation, which made it impossible to assess the real situation of the Berbers. The CESCR also expressed regret at the limited budgetary resources assigned to the culture of the Berber population and to the protection of its cultural heritage (E/C.12/TUN/CO/3).

The Committee recalls that having reliable statistical data on tribal or semi-tribal populations constitutes an essential tool for guiding and defining policies relating to them and taking the appropriate measures to recognize, protect and promote the social and cultural identity and traditions of these populations. The Committee requests the Government to provide information on the size of the Berber population, the regions where this population is established and its socio-economic conditions. The Committee also requests the Government to indicate the measures taken or envisaged to protect and promote the institutions, persons, property and culture of the Berber population, in accordance with Article 3 of the Convention.

Articles 2, 5 and 6. Coordinated and systematic action to protect and promote the social, economic and cultural development of the populations concerned. The Committee once again requests the Government to indicate whether, in accordance with the above-mentioned articles of the Convention, the Government has taken steps to implement, where necessary, coordinated and systematic programmes for the protection of the Berber population and the economic development of the regions they inhabit. The Committee also requests the Government to provide information on the results achieved and, if applicable, the difficulties encountered. In this context, the Committee recalls the importance of seeking the collaboration of the Berber population and its representatives, as provided for by Article 5 of the Convention, and requests the Government to provide information in this respect.

Articles 11 and 12. Land. The Committee requests the Government to indicate whether in the regions where the Berber population is established a right of collective or individual ownership is recognized for the members of this population over the lands they traditionally occupy. In the case of collective ownership, please indicate the principal forms in which these rights are recognized by law and are exercised. In the case of individual ownership, please indicate whether there is any common use of land (for example, cooperative farming), and any legal basis for it.

The Committee also recalls that, under Article 12 of the Convention, tribal or semi-tribal populations cannot be removed from their habitual territory without their free consent. The Committee requests the Government to provide, if applicable, information on any cases in which populations have been removed from their territories, stating the circumstances of their removal.

Article 15. The Committee requests the Government to indicate whether special measures have been taken regarding access to employment of the Berber population and protection against all forms of discrimination. In this respect, the Committee refers to its direct request regarding the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Articles 16–18. Vocational training, handicrafts and rural industries. The Committee once again requests the Government to indicate whether specific vocational training programmes have been implemented by the Tunisian Vocational Training Agency for the Berber population, and in what manner traditional handicrafts are promoted and encouraged as factors in the economic development of this population.

Articles 21–26. Education and means of communication. In view of the need to guarantee education possibilities at all levels for the populations concerned, the Committee requests the Government to provide all available information on the number of schools, the number of teachers and the number of pupils benefiting from education where Berber communities are located. The Committee also requests the Government to indicate the steps taken to safeguard the Berber language.

Prospects of ratification of the more up-to-date Convention. The Committee recalls that, at its 328th Session (October–November 2016), the Governing Body asked the Office to commence follow-up with States which had ratified Convention No. 107 in order to: (i) encourage them to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169), as the most up-to-date instrument in this subject area, which would result in the automatic denunciation of Convention No. 107; and (ii) collect information from those member States with the aim of better understanding the reasons for their non-ratification of Convention No. 169 (see GB.328/LILS/2/1(Rev.)). The Committee notes in this regard that in the context of the implementation of the ILO Strategy for indigenous peoples’ rights for inclusive and sustainable development, the Office can provide the appropriate support to countries that so wish, including by conducting preliminary assessments and building capacities to establish a legal, strategic and institutional framework to facilitate the implementation of Convention No. 169. The Committee therefore encourages the Government to examine the decision adopted by the Governing Body at its 328th Session (October–November 2016) and to consider the possibility of ratifying Convention No. 169, which is the most up-to-date instrument in this field, if needed with the technical assistance of the Office.