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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Tunisia (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted with interest the adoption of Basic Act No. 2016 61 of 3 August 2016 on the prevention of and action against trafficking, which establishes penalties of up to ten years’ imprisonment for traffickers. It requested the Government to provide information on the application of the Act in practice, in cases involving the sale and trafficking of children under 18 years of age.

The Committee notes the absence of information in the Government’s report in this regard. It notes that according to the 2018 annual report of the National Authority to Combat Trafficking in Persons, of the 780 trafficking in persons cases identified in 2018 almost half (48 per cent) involved children. Hence 377 trafficking in children cases were identified in 2018, of which 142 were for the purpose of economic exploitation, 124 for the purpose of exploitation in begging and 62 for the purpose of sexual exploitation. The Committee requests the Government to provide information on the measures taken to ensure that the trafficking in children cases identified are prosecuted vigorously and that effective and dissuasive penalties are imposed. It requests the Government to provide specific information on the application of the provisions relating to the sale and trafficking of children under 18 years of age, including statistics on the number of violations identified, convictions handed down and criminal penalties imposed.

Clause (b). Use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances. For many years, the Committee has been asking the Government to provide information on the application in practice of sections 226bis (offence against morals and incitement to paedophilia), 232 (incitement to prostitution) and 233 (prison sentences of between three and five years if the offence is committed against a minor) of the Penal Code, with a view to assessing whether these provisions can be applied effectively to prohibit the use, procuring and offering of a child under 18 years of age for prostitution, for the production of pornography or for pornographic performances.

The Committee notes the Government’s indication that it will forward the replies requested as soon as it obtains the information from the authorities concerned. The Committee expresses the firm hope that the Government will provide information on the application of the above-mentioned provisions in the near future, specifying the number of violations reported, the grounds for prosecution and the penalties imposed on perpetrators.

Article 4(3). Revision of the list of types of hazardous work. The Committee notes the Government’s indication in its report of 2018 that the Order of the Minister for Social Affairs of 19 January 2000 establishing types of dangerous work prohibited for children under 18 years of age is being revised. The Committee hopes that the revised list of hazardous types of work prohibited for children under 18 years of age will be adopted in consultation with the social partners, and requests the Government to provide a copy of the text once it is adopted.

Articles 5 and 7(2)(b). Monitoring mechanisms and effective, time-bound measures to remove children from the worst forms of child labour and provide for their rehabilitation and social integration. Trafficking and commercial sexual exploitation. The Committee noted in its previous comments that the Child Protection Service of the police in the Ministry of Interior was the body responsible for combating sexual exploitation. It also noted that child protection officers (DPEs) generally dealt with children engaged in the worst forms of child labour. The Committee requested the Government to provide information on the measures taken by the various bodies responsible for the protection of children to combat the worst forms of child labour, as well as on the number of child victims of exploitation assisted by DPEs.

The Committee notes the Government’s indication that DPEs receive reports of situations threatening the health or physical or moral integrity of a child, such as economic or sexual exploitation, following which they decide on the measures to take to protect the child. The Government specifies that DPEs have the status of law enforcement officers. The Committee observes that according to the 2017 Statistical Bulletin on the Activities of Child Protection Officers, there are 82 DPEs. In 2017, DPEs received 1,087 reports of sexual exploitation of children, of which 975 were flagged as serious (680 reports were in relation to girls and 295 to boys). DPEs also received 208 reports on the exploitation of children for begging and the economic exploitation of children and 86 reports on the exploitation of children in organized crime. DPEs can direct children to temporary shelters, such as the National Institute for Child Welfare (INPE) or integrated centres for young people and children (CIJE).

The Committee also notes the Government’s indication in its report of May 2019 to the Committee on the Rights of the Child that Ministry of Interior security units and special branches carry out security patrols in streets and public places to combat the exploitation of children. Their role is to investigate and bring criminals to justice. They are also responsible for coordinating the action of the various stakeholders, including DPEs and social welfare centres, in order to ensure that child victims receive adequate protection. The Government also indicates in its report that the Minister for Women, Family Affairs, Children and the Elderly, in cooperation with the Council of Europe, has launched a national programme to protect children from all forms of sexual exploitation and abuse, with a view, among other things, to build the capacities of stakeholders in the field in order to improve the protection and care of child victims and provide them with the necessary support (CRC/C/TUN/4-6, paragraphs 148 and 155).

With regard to victims of trafficking in persons, the Committee notes that Act No. 2016-61 of 3 August 2016 on the prevention of and action against trafficking in persons provides that the National Authority to Combat Trafficking in Persons shall provide the necessary medical and social care to victims. The Committee requests the Government to continue its efforts to combat the worst forms of child labour, and to provide information on the activities of the above-mentioned bodies for child victims of trafficking, commercial sexual exploitation and exploitation for begging, as well as on the results achieved. It also requests the Government to provide information on the number of child victims of the worst forms of child labour who have received assistance for their rehabilitation and reintegration in society, and on the nature of the assistance received.

Article 7(2)(a). Access to free basic education. The Committee notes that according to the National Survey on Child Labour in Tunisia in 2017, carried out by the National Statistical Institute (INS) with the support of the ILO and published in 2018, some 100,000 children aged from 6 to 17 years had dropped out of school, having been enrolled, at the time of the survey. The Committee notes that Act No. 2017-58 of 11 August 2017 concerning the elimination of violence against women provides, in article 7, that the competent ministers shall take all necessary measures to combat early school leaving, particularly among girls, in all regions. It further notes that in its Voluntary National Report on the Implementation of the Sustainable Development Goals in Tunisia of July 2019, the Government indicates that it has taken various measures to combat school dropout, namely, the introduction of a preventive strategy against failure and school dropout in nine schools, the creation of a scheme for second-chance education, the development of an inclusion/psychological health programme for at-risk pupils and the strengthening of a preventive school support scheme. The Committee takes due note of the measures taken by the Government to reduce the number of school dropouts, and requests it to continue its efforts in this respect at the primary and secondary levels. It requests the Government to provide information on activities to reduce the school dropout rate and the results achieved, as well as on the number of children who have dropped out of school, disaggregated by gender and age.