Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Tunisia (Ratification: 1959)

The Committee notes the adoption, on 26 January 2014, of the new Constitution which entrenches the equality of citizens before the law without discrimination (article 21) and provides that all citizens have the right to decent working conditions and fair pay (article 40). The Constitution also provides that the State undertakes to protect, support and improve women’s rights, guarantees equal opportunity between men and women when taking on different responsibilities in all areas and takes the necessary measures in order to eliminate violence against women (article 46).

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Articles 2 and 3 of the Convention. National policy relating to discrimination on grounds other than sex. The Committee notes with regret that the Government has once again failed to provide any details on the measures adopted to combat discrimination on grounds of race, colour, national extraction, religion, political opinion and social origin in the context of a national policy of equality of opportunity and treatment. The Committee notes that the Government reiterates its indication that under article 6 of the Constitution all Tunisians have the same rights and the same duties and are equal before the law. It also notes the Government’s indication that the competent services of the Ministry of Employment and the Vocational Integration of Youth have not reported any case of discrimination based on race, colour, religion, political opinion, national extraction or social origin in relation to employment and occupation, and that no complaints have been registered by the administrative services or the courts.

The Committee once again reminds the Government that constitutional provisions providing for equal protection under law are not sufficient in themselves to ensure the full application of the Convention. Similarly, the fact that the authorities have not received any complaints does not mean that there is no discrimination in the country. The Committee considers that this may on the other hand indicate that the victims either have an inadequate knowledge of the relevant legal provisions and dispute resolution procedures available, or fear possible reprisals by the employer. The Committee also wishes to emphasize once again that Article 2 of the Convention requires the Government to declare and pursue a national policy designed to promote equality of opportunity and treatment with a view to eliminating any discrimination in employment and occupation on the basis of the criteria set out in the Convention. The Committee requests the Government to:

• (i) consider in the context of a national policy of equality of opportunity and treatment adopting legislation explicitly prohibiting discrimination based on race, colour, national extraction, religion, political opinion or social origin, and to take concrete measures to eliminate such discrimination in practice;
• (ii) take measures to raise awareness in the public and among the social partners of the principles set out in the Convention and the legal provisions relating to equality of opportunity and treatment in employment and occupation;
• (iii) take measures, for example in the form of studies, to evaluate the effectiveness of dispute resolution procedures, including any difficulties of a practical nature encountered by men or women workers in obtaining legal redress for discrimination based on any of the grounds set out in the Convention.

The Committee recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.