Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Tunisia (Ratification: 2014)

Article 1 of the Convention. Representative organizations. The Committee notes the Government’s first report on the application of the Convention. However, it notes that, in general, the information contained in the report does not enable it to fully assess the effect given to the provisions of the Convention. The Government indicates that, even in the absence of legislation or regulations on representativity and in accordance with section 39 of the Labour Code, with a view to determining the most representative trade union organization at the national level, account has to be taken of the number of members and the capacity to conclude a collective agreement in the branch of activity and the area concerned. In its 2000 General Survey, entitled Tripartite consultation: International labour standards, paragraph 35, the Committee specifies that the term “the most representative organizations of employers and workers” in Article 1 of the Convention does not mean only the largest organization of employers and the largest organization of workers. If in a particular country there are two or more organizations of employers or workers which represent a significant body of opinion, even though one of them may be larger than the others, they may all be considered to be “most representative organizations” for the purpose of the Convention. The Committee refers to its 2015 observation on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in which it requested the Government to take the necessary measures to determine objective criteria of trade union representativity within the framework of inclusive tripartite consultations. The Committee requests the Government to provide information on the measures taken for this purpose.

Article 2(1). Effective tripartite consultations. The Government indicates that it signed a social contract on 14 January 2013 with the most representative organizations, namely the Tunisian General Labour Union (UGTT) and the Tunisian Confederation of Industry, Trade and Handicrafts (UTICA), with a view to the establishment of a tripartite body, the National Social Dialogue Council, to give effect to the provisions of the Convention. The Government adds that the Bill to establish the National Social Dialogue Council has been drawn up in agreement with the social partners and transmitted to the Assembly of People’s Representatives, the Government, the representatives of the employers’ organization (UTICA) and the trade union organization (UGTT). In this regard, the Committee notes the adoption of Act No. 2017-54, of 24 July 2017, establishing the National Social Dialogue Council and determining its mandate and methods of work. Under the terms of section 2 of the Act, the Council shall issue an opinion on the ratification of international treaties relating to international labour standards and contribute to the formulation and drafting of the reports submitted by the Government to the ILO. The Committee requests the Government to provide a copy of the implementing Decree of Act No. 2017-54, of 24 July 2017, establishing the National Social Dialogue Council and determining its mandate and methods of work. It requests the Government to provide information on the establishment and composition of the Council, and its activities up to the present.

Article 2(2). Nature and form of the consultation procedures. The Government indicates in its report that tripartite consultations are held frequently in Tunisia and in most cases are carried out through written communications. It adds that the Ministry of Social Affairs, the competent authority with responsibility for labour issues and relations with the ILO, requests the written views of the social partners concerning reports on ratified and unratified international labour Conventions, as well as on questionnaires and items on the agenda of the International Labour Conference. Tripartite consultation is also carried out through tripartite meetings bringing together the representatives of ministerial departments and the representatives of employers and workers, as well as through written communications. The Committee requests the Government to provide detailed information on the content, frequency and outcome of the tripartite consultations referred to above, and to indicate whether consultation by written communications occurs beforehand.

Article 4(1). Administrative support. The Government indicated that administrative support for the procedures provided for in the Convention is provided by the Ministry of Social Affairs. For this purpose, the Government indicates that the Ministry assumes responsibility for the provision of administrative support, as set out in section 4 of Act No. 2017-54, of 24 July 2017, establishing the National Social Dialogue Council and determining its mandate and methods of work. The Committee requests the Government to provide examples of the administrative support provided to the National Social Dialogue Council by the Ministry of Social Affairs during the period covered by its report.

Article 5(1)(a), (b), (c), (d) and (e). Items on the agenda of the International Labour Conference. Submission to Parliament. Re-examination of unratified Conventions. Annual report on ratified Conventions. Denunciations. The Government indicates that it seeks the views of organizations of employers and workers in the context of questionnaires on the items on the agenda of the International Labour Conference. It adds that the social partners are invited to give their views on unratified Conventions. With regard to ratified international Conventions, the Government observes that the social partners may make comments on their application in practice. The Committee notes that the Government has not provided information on the outcome of consultations on the re-examination of unratified Conventions. However, in its direct request in 2012 on the Medical Examination (Fishermen) Convention, 1959 (No. 113), the Committee reminded the Government of the possibility of denouncing the Convention by ratifying the Work in Fishing Convention, 2007 (No. 188). Moreover, in its direct request in 2014 concerning the Indigenous and Tribal Populations Convention, 1957 (No. 107), the Committee referred to the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which would, ipso jure, involve the immediate denunciation of Convention No. 107. Recalling that the Convention has the principal objective of tripartite consultations to promote the implementation of international labour standards, the Committee requests the Government to provide specific information on the content, frequency and outcome of the tripartite consultations held on all of the questions concerning international labour standards covered by the Convention and on other ILO activities, questionnaires relating to the items on the agenda of the Conference, the submission of the instruments adopted by the Conference to the Assembly of People’s Representatives, the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not been given, and the reports to be made on the application of ratified Conventions.

Article 6. Working of the consultation procedures. The Committee notes that, in accordance with section 5 of Act No. 2017-54, of 24 July 2017, establishing the National Social Dialogue Council and determining its mandate and methods of work, the Council shall prepare an annual report on its activities and communicate a copy to the President of the Republic, the head of the Government and the President of the Assembly of People’s Representatives during the first quarter of the following year. The Committee requests the Government to provide a copy of the annual reports prepared on the working of these procedures during the period covered by the next report.