Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Article 1(1)(a) of the Convention. Discrimination on grounds other than sex. Legislation. For many years, the Committee has been drawing the Government’s attention to the absence of provisions in its legislation, in particular in the Labour Code, prohibiting all discrimination in employment and occupation on grounds not only of sex, but also on the other grounds set out in Article 1(1)(a) of the Convention. The Government previously indicated that a Bill prohibiting all forms of discrimination is currently being examined by Parliament. As the Government’s report is silent on this point, the Committee once again urges the Government to take the necessary measures to: (i) explicitly prohibit all discrimination on the basis of race, colour, national extraction, religion, political opinion or social origin in law and practice; and (ii) conduct awareness-raising activities and ensure better knowledge and understanding of the provisions of the legislation implementing the principles enshrined in the Convention by workers and employers and their organizations, as well as labour inspectors and judges.

Discrimination on grounds of race, colour and national extraction. The Committee takes note of Basic Act No. 2018-50 of 23 October 2018 respecting the elimination of all forms of racial discrimination. It notes that section 2 defines racial discrimination as “any distinction, exclusion, restriction or preference made on the basis of race, colour, extraction, national or ethnic origin or any other form of discrimination within the meaning of ratified international Conventions”. In accordance with section 3 of the Act, “the State shall determine the policies, strategies and action plans to prevent any form and practice of racial discrimination and to combat racist stereotypes common in different groups. It also undertakes to disseminate the culture of human rights, equality, tolerance and acceptance of others among the different components of society. The State shall take, within this framework, the measures necessary for their implementation in all sectors, notably health, teaching, education, culture, sport and the media”. Section 6 also provides for a prison sentence of between six months and three years, as well as a fine of 500 dinars (US$200), for any person committing discriminatory acts or using discriminatory language. Finally, in accordance with sections 10 and 11, a national committee to combat racial discrimination, under the Ministry responsible for human rights, shall be established. It shall be responsible for the collection and analysis of data, and for drawing up and proposing public strategies and policies to eliminate all forms of racial discrimination. The Committee requests the Government to: (i) indicate the extent to which Basic Act No. 2018-50 of 2018 also applies to the world of work; and (ii) provide information on the measures taken or envisaged to eliminate all forms of racial discrimination in employment and occupation, in particular through activities undertaken by the future national committee to combat racial discrimination.

Article 2 and 3. Equality of opportunity and treatment for men and women. In its report, the Government indicates that one of the objectives identified in the Development Plan 2016–20 was an increased level of participation in the labour market by women. In this regard, the Committee notes that, according to the findings of the Decent Work Country Programme (DWCP) 2017–22, the activity rate of women in Tunisia remains relatively low at around 25 per cent. Furthermore, according to the statistical data provided by the Government in 2016, women were over-represented in such sectors as manufacturing industries (30.7 per cent, compared with 14.1 per cent for men) and education, health and administrative services (28.2 per cent compared with 16.2 for men). With regard to the legal sector, the Committee notes that there are 935 women magistrates compared with 1,242 men magistrates; 4,193 women attorneys compared with 9,337 men attorneys, and 445 women notaries compared with 1,104 men notaries. According to the Government, the over-representation of women in health, education and social work could be attributed to prejudices that tend to undervalue the qualifications required for jobs of this type, which could be linked to children’s education, for both girls and boys, which accentuates the traditional maternal role of the mother. The Committee notes that such stereotypes, which have their roots in a traditional vision of the respective roles of men and women on the labour market and in society, especially as concerns family responsibilities, have the effect of directing men and women towards different areas of education and occupational training, and thus towards different jobs and careers. As a result, that certain jobs are almost exclusively performed by women and that the jobs considered as “feminine” are generally less highly regarded and therefore poorly paid. For this reason, access to education and to a wide range of occupational training courses is of paramount importance for achieving equality in the labour market for men and women. It is a key factor in determining the actual possibilities of gaining access to a wide range of paid occupations and employment, especially those with opportunities for advancement and promotion. The Committee wishes to emphasize that, not only do apprenticeships and technical education need to be addressed, but also general education, “on the job training” and the actual process of training (General Survey on the Fundamental Conventions, 2012, paragraph 750). In light of the findings of the DWCP 2017–22, the Committee requests the Government to take proactive measures to: (i) promote and facilitate access by women and girls to more diverse training courses, especially in areas of education and training leading to occupations traditionally considered as masculine, so as to offer them real occupational prospects; and (ii) combat stereotypical attitudes in respect of women’s aspirations, capacities and abilities that restrict their access to particular occupations traditionally considered to be “feminine”, and promote their access to a wider range of opportunities in employment and training. It also requests the Government to indicate the results obtained in this regard and to provide updated statistics on the activities of men and women in the private and public sectors, disaggregated by economic sector and occupational category, especially positions of responsibility.

The Committee is raising other matters in a request addressed directly to the Government.