Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Tunisia (Ratification: 1957)

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The Committee notes the observations of the General Federation of Tunisian Workers (UGTT) and the International Trade Union Confederation (ITUC), received on 30 August and 1 September 2023 respectively, alleging violations of trade union rights committed by the authorities. The UGTT and the ITUC allege, in particular, that there have been arrests, accusations, criminal prosecutions and administrative measures taken against trade unionists. The Committee notes with concern the arrest of the secretary-general of the trade union representing officials of the Tunisian Motorway Association (Société Tunisie Autoroutes), Mr Anis Kaâbi, in the context of an organized strike on 30 and 31 January 2023 for causing “financial loss” as a result of opening up motorway lanes free of charge during the strike. According to the UGTT, Mr Kaâbi remains in detention. The Committee requests the Government to provide its comments in response to these observations.

In its previous comment, the Committee requested the Government to provide the judgment of the Court of Appeal concerning the extraordinary non-elective congress of the UGTT. The Committee notes the Government’s indication that the complaint against the UGTT was filed by a group of trade unionists intending to annul the extraordinary non-elective congress of the UGTT and that the executive power was not involved in this decision that led to the annulment of the congress. It is an internal issue for a trade union. The Government reports that, as of 13 October 2022, the Court of Appeal of Tunis ruled in favour of approving the non-elective congress of the UGTT, thereby annulling the decision of the Court of First Instance of November 2021.

Articles 2 and 3 of the Convention. Legislative amendments. In its previous comments, the Committee urged the Government to take all the necessary measures to amend the following sections of the Labour Code:

• section 242, to ensure that minors who have reached the statutory minimum age for admission to employment (16 years under section 53 of the Labour Code) are able to exercise their trade union rights without authorization from their parent or guardian;
• section 251, to allow foreign workers access to the functions of trade union leadership, at least after a reasonable period of residence in the host country; and
• sections 376bis, 376ter, 387 and 388 concerning restrictions on the exercise of the right to strike (approval of the umbrella organization before declaring a strike; compulsory indication of the duration of the strike in the strike notification; and the possibility of imposing penalties in the event of an unlawful strike).

The Committee once again notes with deep regret that the Government has not reported any progress in bringing the legislation into conformity with the Convention and that it only indicates that a revision of the Labour Code requires consultations with the social partners, and that no legislative amendment may be made unilaterally without the participation of the organizations concerned. The Committee once again urges the Government to take the necessary measures, in response to its longstanding recommendations and in consultation with the social partners, to give full effect to the provisions of the Convention.

The Committee also requested the Government to report on the adoption of the decree provided for in section 381ter of the Labour Code (determination of the list of essential services by decree). In the absence of information provided by the Government, the Committee urges the Government to report on the adoption of the decree and to send a copy of it once it has been adopted.

Right of workers’ organizations to organize their activities and formulate their programmes without interference from the public authorities. In its previous comment, the Committee noted the decree of 26 September 2018 establishing criteria for trade union representativeness at the national level and requested the Government to specify the frequency and mechanism for measuring trade union membership for the purpose of appointing members of the National Social Dialogue Council. The Committee also requested the Government to engage in inclusive consultations with all workers’ and employers’ organizations concerned to ensure that the determination of representative organizations at sectoral and enterprise level is also based on clear, pre-established and objective criteria. The Committee notes the Government’s indication that, in accordance with section 39 of the Labour Code, in the event of a disagreement regarding the greater representativity of one or several trade union organizations, the issue is settled by order of the secretary of State for young persons, sports and social affairs further to the opinion of the National Social Dialogue Council and is not subject to any specific timeframe. The Committee notes the Government’s indication that, pending consensus among the workers’ and employers’ organizations represented on the National Social Dialogue Council, section 39 has not yet been amended. The Committee once again requests the Government to indicate all measures taken to ensure that the determination of the representative organizations at sectoral and enterprise level is based on clear, pre-established and objective criteria, and it trusts that such criteria will be agreed upon in the very near future following consultations with all concerned workers’ and employers’ organizations.