Minimum Age Convention, 1973 (No. 138) - Tunisia (Ratification: 1995)

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

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the adoption of the National Plan of Action to Combat Child Labour 2015–20 and asked the Government to provide information on the measures adopted within the framework of the National Plan of Action and the results achieved.

The Government indicates in its report that, in the context of the PROTECTE project “United against child labour in Tunisia”, implemented by the ILO in cooperation with the Ministry of Social Affairs, training workshops on combating child labour have been held for trainers within government institutions with a stake in the project and for focal points in all governorates in the country. Workshops on the roles and responsibilities of actors combating child labour have also been held in 2019 in the target areas of Jendouba and Sfax, in the context of support for implementation of a pilot model for the “Child labour monitoring system (SSTE)”. The Government also indicates that the PROTECTE project led to the drawing up in 2018 of a guide to the laws and regulations relating to child labour in order to reinforce the knowledge of institutional actors. In addition, a guide to action against child labour has been developed, for those involved in combating child labour.

The Government also mentions the “National survey of child labour in Tunisia 2017”, carried out by the National Institute of Statistics (INS) with technical assistance from the ILO and published in 2018, which highlighted the scope and the different forms of child labour in the 5–17 age group. In this regard, the Committee notes that according to this survey, which was carried out with the participation of stakeholders in the National Plan of Action, 7.9 per cent of children between 5 and 17 years of age are involved in child labour, and of these 75.9 per cent are involved in hazardous work. Among the 16–17 age group, 14.3 per cent of children are engaged in hazardous work. Moreover, the survey indicates a higher number of boys than girls forced to engage in child labour (9.7 per cent of boys compared with 6 per cent of girls). In the rural areas of the country, where agriculture predominates, 15.7 per cent of children are involved in child labour, compared with 3.8 per cent in urban areas. Child labour is particularly widespread in the rural region of north-west Tunisia (Jendouba, Beja, Kef and Siliana), where 27.7 per cent of children are involved in child labour, and nearly one in four children (24.6 per cent) performs hazardous work. The Committee also notes that, according to ILO information communicated in the context of the PROTECTE project, a draft decree has been drawn up for establishing a unit, at the Ministry of Social Affairs, for the management of action against child labour. While duly noting the Government’s activities, the Committee requests the Government to intensify its efforts to ensure the progressive elimination of child labour, including in agriculture and in hazardous work. It requests the Government to provide information on the number and nature of violations recorded and the penalties imposed, and on the role of the unit for the management of action against child labour. The Committee also requests the Government to provide information on the results achieved in the context of the National Plan of Action to Combat Child Labour 2015–20 with regard to the elimination of child labour in the country, and to indicate whether the Plan of Action has been renewed.

Article 7(3). Determination of light work. For many years, the Committee has been asking the Government to take the necessary measures for the adoption of the Decree, referred to by the Government, for determining the nature of light work.

The Committee notes the Government’s indication that a draft decree has been drafted relating to the employment of children in light work in the context of non-industrial and non-agricultural activities. The Government states that a copy of this decree will be sent to the ILO once it has been adopted.

The Committee also notes that sections 55 and 56 of the Labour Code provide that the minimum age for admission to work is fixed at 13 years for light work which is not harmful to the health or development of children or detrimental to their school attendance. It notes that section 56, concerning non-industrial and non-agricultural activities, provides that light work can only be done by children for a maximum of two hours per day, and that a decree determines the nature of light work and the initial precautions to be taken when employing children in such work. The Committee expresses the firm hope that the decree concerning the employment of children in light work in non-industrial and non-agricultural activities will be adopted in the very near future, pursuant to section 56 of the Labour Code, in order to determine light work permitted for children from the age of 13 years.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1 of the Convention. National policy. The Committee notes that a National Plan of Action to Combat Child Labour was adopted in 2015 and covers the period up to 2020. The Plan of Action identifies sectors in which child labour is prevalent, such as agriculture, mechanical work and domestic work. The Committee notes the emphasis placed by the Plan of Action on priority strategic action, including: (i) the harmonization of the legislation respecting child labour; (ii) the development of an awareness-raising campaign in the regions most affected by child labour; and (iii) the training of actors in the field of child protection, such as labour inspectors, social assistants and teachers. The Committee requests that the Government provide information on the measures adopted within the framework of the National Plan of Action to Combat Child Labour 2015–20 and the results achieved.

Article 7. Determination of light work. In its previous comments, the Committee noted the Government’s indication that a draft decree to determine the nature of light work and the conditions under which such work may be performed was being prepared.

The Committee notes the Government’s indication that a copy of the Decree respecting light work will be provided to the Office once it has been adopted. Noting that the Government has been referring to this Decree for a number of years, the Committee urges the Government to take the necessary measures for the adoption of the Decree in the very near future. It requests that the Government provide a copy once it has been adopted.

Article 8. Artistic performances. In its previous comments, the Committee requested the Government to provide a copy of the Order determining the minimum age from which individual authorizations may be granted for the employment of children in artistic performances.

The Committee notes with interest the Ministerial Order of 19 January 2000 determining the conditions for the granting of individual authorizations allowing children to participate in public performances or in cinematographic work. The Committee notes that the Order provides that individual authorizations may be granted for children under 16 years of age to participate in artistic performances under certain conditions, including: (i) the written agreement of the guardian; (ii) the certification by a specialized physician of the physical and mental aptitude of the child; and (iii) the limitation of the activity to two hours a day. Such authorizations are granted by the head of the labour inspection division.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 7. Determination of light work. In its previous comments, the Committee noted the Government’s indications that a draft decree determining the nature of light work and the conditions under which such employment or work may be undertaken was being drawn up.

The Committee notes that this draft text has not yet been adopted. The Committee once again hopes that the draft decree concerning light work will be adopted shortly and requests the Government to provide a copy of it with its next report.

Article 8. Artistic performances. In its previous comments, the Committee noted that the Order of the Ministry of Social Affairs of 19 January 2000 sets out the conditions for granting individual permits for the participation of children in public performances or cinematographic works, such as: the written consent of the guardian; certification by a specialized doctor of the physical and mental fitness of the child to perform the work; and participation in public performances or cinematographic works authorized by the competent authorities. In addition, the permit cannot be granted for participation in work that is hazardous or likely to be harmful to the development, morals or school attendance of the children, and the maximum duration of the actual work is two hours a day, while the duration of their presence is four hours a day. The Government has also indicated on several occasions that a copy of the Order determining the minimum age for the granting of individual permits would be forwarded to the Office once the text was adopted. Noting the absence of information in this regard, the Committee requests the Government to provide a copy of the Order of the Ministry of Social Affairs of 19 January 2000.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 2(1) and (3) of the Convention. Scope of application and school attendance. The Committee previously noted that section 53 of the Labour Code sets the minimum age for admission to employment at 16 years, but appears not to cover children working on their own account. In this regard, the Government indicated that basic education is compulsory until the age of 16 years and that, in its view, compulsory education prevents children under 16 years of age from working on a self-employed basis or entering the labour market. The Committee noted that, under section 1 of Act No. 2002-80 of 23 July 2002 concerning school education and instruction, education remains compulsory for all children aged between 6 and 16 years, while section 21 provides that any guardian who fails to enrol his or her child in a basic education establishment or withdraws his or her child from education before the age of 16 years shall be liable to a fine ranging from 20 dinars (TND) to TND200. The Committee noted that, in order to further guarantee the right to education, Tunisia has prioritized action against school failure and drop-outs in its education policy. The Government indicated that the measures implemented had started to bear fruit.

The Committee takes due note of the statistics provided in the Government’s report on trends in school enrolment and drop-out rates in recent years. It notes that, between 2009 and 2011, the enrolment rate for children between 6 and 16 years of age increased from 91.4 per cent to 93.2 per cent and that the drop-out rate in basic education has fallen.

Article 7. Determination of light work. In its previous comments, the Committee noted the Government’s indications that a draft decree determining the nature of light work and the conditions under which such employment or work may be undertaken was being drawn up.

The Committee notes that this draft text has not yet been adopted. The Committee once again hopes that the draft decree concerning light work will be adopted shortly and requests the Government to provide a copy of it with its next report.

Article 8. Artistic performances. In its previous comments, the Committee noted that the Order of the Ministry of Social Affairs of 19 January 2000 sets out the conditions for granting individual permits for the participation of children in public performances or cinematographic works, such as: the written consent of the guardian; certification by a specialized doctor of the physical and mental fitness of the child to perform the work; and participation in public performances or cinematographic works authorized by the competent authorities. In addition, the permit cannot be granted for participation in work that is hazardous or likely to be harmful to the development, morals or school attendance of the children, and the maximum duration of the actual work is two hours a day, while the duration of their presence is four hours a day. The Government has also indicated on several occasions that a copy of the Order determining the minimum age for the granting of individual permits would be forwarded to the Office once the text was adopted. Noting the absence of information in this regard, the Committee requests the Government to provide a copy of the Order of the Ministry of Social Affairs of 19 January 2000.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2(1) and (3) of the Convention. Scope of application and school attendance. The Committee previously noted that section 53 of the Labour Code sets the minimum age for admission to employment at 16 years but appears not to cover children working on their own account. In this regard, the Government indicated that basic education is compulsory until the age of 16 years and that, in its view, compulsory basic education prevents children under 16 years of age from entering the labour market (as wage earners) or working on a self employed basis. The Committee noted that, under section 1 of Act No. 2002-80 of 23 July 2002 concerning school education and instruction, education remains compulsory for all children between 6 and 16 years of age, while section 21 states that any guardian who fails to enrol his or her child in a basic education establishment or withdraws his or her child from education before the child is 16 years old shall be liable to a fine ranging from 20 to 200 Tunisian dinars (TND). The Committee noted the statistical data according to which the net enrolment rate for children between 6 and 16 years of age was 90.5 per cent for 2006–07. Moreover, the drop-out rate in the first stage of basic education was 1.7 per cent and the drop-out rate in the second stage of basic education was 10.9 per cent. The Committee observes that, in view of the fact that basic education ends at the age of 16 years, these statistics show that a number of children under 16 years of age are dropping out of school. The Committee noted the Government’s information to the effect that, in order to provide better guarantees for the right to education, Tunisia has made action against failure in education and dropping out of school a priority of its education policy and has implemented a whole draft of measures towards this end.

The Committee previously noted the Government’s information that the measures implemented had started to bear fruit: the school enrolment rate for children between 6 and 16 years of age increased from 87.7 per cent in 1998 to 91.4 per cent in 2008. As regards the drop-out rate in the first stage of basic education (primary), it fell from 3.4 per cent in 1998 to 1.6 per cent in 2008. However, the Committee observed that, as indicated by the Government, failure and drop-out rates at secondary level remain relatively high (between 10 and 11 per cent). The Committee welcome the progress made with regard to increasing enrolment and reducing drop-out rates at primary level but notice that the drop-out rate at secondary level shows that a number of children are dropping out of school before reaching the minimum age for admission to employment and are entering the labour market.

The Committee notes that the Government has not supplied any new information on this matter in its report. However, it notes that the Committee on the Right of the Child (CRC), in its concluding observations of 16 June 2010 (CRC/C/TUN/CO/3, paragraph 55), also expressed its concern at the drop-out and repetition rates in the first and second stages of basic education which, while decreasing, continue to pose a significant change to the education system, and also at the persistent regional and urban/rural disparities in education and in the quality of education facilities. The Committee therefore again requests the Government to intensify its efforts to increase the enrolment rate at primary level and reduce the drop-out rate for children under 16 years of age at secondary level in order to prevent them from working, particularly on a self-employed basis. It urges the Government to supply information in its next report on the progress made in this respect.

Article 7. Determination of light work. In its previous comments, the Committee noted the Government’s indications that a draft Decree determining the nature of light work, the preliminary precautions to be taken when engaging children in such work and the number of hours they may be allowed to work was being prepared. The Committee Government’s indication that it would send the copy of this Decree to the Office, once it has been adopted.

Noting the absence of information on this matter in the Government’s report, the Committee recalls once again that, under Article 7(3) of the Convention, the competent authority must not only determine the activities in which employment or light work may be permitted, but must also prescribe the conditions in which such employment or work may be undertaken. The Committee again expresses the hope that the draft Decree concerning light work will be in conformity with the terms of Article 7(3) of the Convention. It urges the Government to take the necessary steps to ensure that this Decree is adopted as soon as possible.

Article 8. Artistic performances. In its previous comments, the Committee noted the Government’s indication that it would send the Office a copy of the Order determining the minimum age for granting individual employment permits for children to appear in public performances or participate in cinematographic works, and setting limits on the authorized duration of work undertaken in the interests of art, science or education, once the text of the Order has been adopted. Noting that the Government has been referring to this Order for a number of years, the Committee again urges the Government to take the necessary steps to ensure that the Order is adopted in the very near future. It again requests the Government to supply a copy of the Order, once it has been adopted.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 2(1) and (3) of the Convention. Scope of application and school attendance. The Committee previously noted that section 53 of the Labour Code sets the minimum age for admission to employment at 16 years but appears not to cover children working on their own account. In this regard, the Government indicated that basic education is compulsory until the age of 16 years and that, in its view, compulsory basic education prevents children under 16 years of age from entering the labour market (as wage earners) or working on their own account. The Committee noted the statistical data that indicated that the net enrolment rate for children between 6 and 16 years of age was 90.5 per cent for 2006–07. Furthermore, the drop-out rate for the first stage of basic education was 1.7 per cent and 10.9 per cent for the second stage. The Committee noted that, in view of the fact that the statutory school leaving age is 16 years, the statistics show that a number of children under 16 years of age are dropping out of school.

The Committee notes the Government’s indication that Act No. 91-65 of 29 July 1991 concerning the education system was repealed and replaced by Act No. 2002-80 of 23 July 2002 concerning school education and instruction. Under section 1 of this Act, education remains compulsory for all children between 6 and 16 years of age, while section 21 states that any guardian who fails to enrol his or her child in a basic education establishment or withdraws his or her child from education before the child is 16 years old shall be liable to a fine ranging from 20 Tunisian dinars (TND) to TND200. The Committee notes the information in the Government’s report that, in order to strengthen the right to education, Tunisia has given priority in its education policy to combating failure in education and dropping out of school. A range of measures has been adopted, including state aid for children from low-income families and school support for pupils with difficulties. The Government has also set up a priority education programme (PEP) based on the principle of positive discrimination for school establishments recording results below the national average, and established a technical “branch” at the second stage of basic education (secondary school) to cater for pupils who have little enthusiasm for general education in order to prepare them for taking high-quality vocational training. The Committee notes the Government’s information that the measures implemented are starting to bear fruit: the school enrolment rate for children between 6 and 16 years of age increased from 87.7 per cent in 1998 to 91.4 per cent in 2008, and the drop-out rate in the first stage of basic education (primary), fell from 3.4 per cent in 1998 to 1.6 per cent in 2008. However, the Committee notes the Government’s indication that failure and drop-out rates at secondary level remain relatively high (between 10 and 11 per cent). The Committee welcomes the progress made with regard to increasing enrolment and reducing drop-out rates at primary level, but notices that the drop-out rate at secondary level shows that a number of children are dropping out of school before reaching the minimum age for admission to employment and are entering the labour market. The Committee therefore requests the Government to intensify its efforts to increase the enrolment rate at primary level and reduce the drop-out rate for children under 16 years of age at secondary level in order to prevent them from working, particularly on a self-employed basis. It requests the Government to continue to supply information on the progress made in this respect.

Article 7. Determination of light work. In its previous comments the Committee noted the Government’s indication that a draft Decree determining the nature of light work, the preliminary precautions to be taken when engaging children in such work and the number of hours they may be allowed to work was being prepared. The Committee notes the Government’s indication that it will send a copy of the Decree to the Office, once it has been adopted. It reminds the Government once again that, pursuant to Article 7(3) of the Convention, the competent authority must not only determine the activities in which employment or light work may be permitted, but must also prescribe the conditions in which such employment or work may be undertaken. The Committee expresses the hope that the draft Decree on light work will be in conformity with the terms of Article 7(3) of the Convention. It requests the Government to take the necessary measures to ensure that this Decree is adopted as soon as possible.

Article 8. Artistic performances. With reference to its previous comments, the Committee once again notes the Government’s indication that it will send the Office a copy of the Order determining the minimum age for granting individual employment permits for children to appear in public performances or participate in cinematographic works, and setting limits on the authorized duration of work undertaken in the interests of art, science or education, once the text of the Order has been adopted. Noting that the Government has been referring to this Order for a number of years, the Committee urges the Government to take measures to ensure that the Order is adopted in the very near future. It again requests the Government to supply a copy of the Order, once it has been adopted.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraphs 1 and 3, of the Convention. Scope of application and school attendance. The Committee previously noted that section 53 of the Labour Code sets the minimum age for admission to employment at 16 years but appears not to cover children working on their own account. In this regard, the Government indicated that basic education is compulsory until the age of 16 years and that, in its view, compulsory basic education prevents children under 16 years of age from entering the labour market (as wage earners) or working on their own account. The Committee noted the statistical data that indicated that the net enrolment rate for children between 6 and 16 years of age was 90.5 per cent for 2006–07. Furthermore, the drop-out rate for the first stage of basic education was 1.7 per cent and 10.9 per cent for the second stage. The Committee noted that, in view of the fact that the statutory school leaving age is 16 years, the statistics show that a number of children under 16 years of age are dropping out of school.

The Committee notes the Government’s indication that Act No. 91-65 of 29 July 1991 concerning the education system was repealed and replaced by Act No. 2002-80 of 23 July 2002 concerning school education and instruction. Under section 1 of this Act, education remains compulsory for all children between 6 and 16 years of age, while section 21 states that any guardian who fails to enrol his or her child in a basic education establishment or withdraws his or her child from education before the child is 16 years old shall be liable to a fine ranging from 20 to 200 dinars. The Committee notes the information in the Government’s report that, in order to strengthen the right to education, Tunisia has given priority in its education policy to combating failure in education and dropping out of school. A range of measures has been adopted, including state aid for children from low-income families and school support for pupils with difficulties. The Government has also set up a priority education programme (PEP) based on the principle of positive discrimination for school establishments recording results below the national average, and established a technical “branch” at the second stage of basic education (secondary school) to cater for pupils who have little enthusiasm for general education in order to prepare them for taking high-quality vocational training. The Committee notes the Government’s information that the measures implemented are starting to bear fruit: the school enrolment rate for children between 6 and 16 years of age increased from 87.7 per cent in 1998 to 91.4 per cent in 2008, and the drop-out rate in the first stage of basic education (primary), fell from 3.4 per cent in 1998 to 1.6 per cent in 2008. However, the Committee notes the Government’s indication that failure and drop-out rates at secondary level remain relatively high (between 10 and 11 per cent). The Committee welcomes the progress made with regard to increasing enrolment and reducing drop-out rates at primary level, but notices that the drop-out rate at secondary level shows that a number of children are dropping out of school before reaching the minimum age for admission to employment and are entering the labour market. The Committee therefore requests the Government to intensify its efforts to increase the enrolment rate at primary level and reduce the drop-out rate for children under 16 years of age at secondary level in order to prevent them from working, particularly on a self-employed basis. It requests the Government to continue to supply information on the progress made in this respect.

Article 7. Determination of light work. In its previous comments the Committee noted the Government’s indication that a draft Decree determining the nature of light work, the preliminary precautions to be taken when engaging children in such work and the number of hours they may be allowed to work was being prepared. The Committee notes the Government’s indication that it will send a copy of the Decree to the Office, once it has been adopted. It reminds the Government once again that, pursuant to Article 7(3) of the Convention, the competent authority must not only determine the activities in which employment or light work may be permitted, but must also prescribe the conditions in which such employment or work may be undertaken. The Committee expresses the hope that the draft Decree on light work will be in conformity with the terms of Article 7(3) of the Convention. It requests the Government to take the necessary measures to ensure that this Decree is adopted as soon as possible.

Article 8. Artistic performances. With reference to its previous comments, the Committee once again notes the Government’s indication that it will send the Office a copy of the Order determining the minimum age for granting individual employment permits for children to appear in public performances or participate in cinematographic works, and setting limits on the authorized duration of work undertaken in the interests of art, science or education, once the text of the Order has been adopted. Noting that the Government has been referring to this Order for a number of years, the Committee urges the Government to take measures to ensure that the Order is adopted in the very near future. It again requests the Government to supply a copy of the Order, once it has been adopted.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the Government’s report.

Article 2, paragraphs 1 and 3, of the Convention. Scope and school attendance. The Committee noted previously that section 53 of the Labour Code sets the minimum age for admission to employment at 16 years, but appears not to cover children working on their own account. In this regard, the Government indicated that Act No. 91–65 of 29 July 1991 on the education system makes basic education compulsory until the age of 16 years and that, in its view, compulsory basic education prevents children under 16 years of age from entering the labour market (as wage earners) or working on their own account. The Committee asked the Government to provide statistical information on school attendance and school drop-outs.

The Committee takes note of the statistical data supplied by the Government in its report according to which the net enrolment rate for children aged from 6 to 16 years is 90.5 per cent for 2006–07. Furthermore, the drop‑out rate for the first stage of basic education is 1.7 per cent, and 10.9 per cent for the second stage. The Committee observes that, according to these statistics, a number of children drop out of school before reaching the statutory school leaving age, which is 16 years. It notes, however, that, in cooperation with UNICEF and with support from the World Bank and the European Union, the Government has set up an education programme in Tunisia which has two main components: high‑quality education and assistance for priority education areas (ZEP). One of the programme’s aims is to reduce the drop‑out rate. Considering education to be one of the most effective means of combating child labour, the Committee requests the Government to provide more detailed information on the implementation of the education programme, particularly its impact in terms of improving school attendance and reducing drop‑out rates among children of under 16 years. Please also provide a copy of Act No. 91-65 of 29 July 1991 on the education system.

Article 7. Determination of light work. With reference to its previous comments, the Committee notes the Government’s information that a draft decree is being prepared to determine the nature of light work, the preliminary precautions to be taken when engaging children in such work and the number of hours they may be allowed to work. The Committee reminds the Government that, pursuant to Article 7, paragraph 3, of the Convention, the competent authority must not only determine the activities in which employment or work on light work maybe permitted, but must also prescribe the conditions in which such employment or work may be undertaken. The Committee hopes that the draft decree will be adopted in the near future, and requests the Government to provide information on any progress in this regard and to send the Office a copy of the decree as soon as it has been adopted.

Article 8. Artistic performances. In its previous comments, the Committee noted the Government’s statement that it would send to the Office, as soon as it was adopted, the text of the order determining the minimum age for the granting of individual employment permits for children to appear in public performances or to participate in cinematographic works, and setting limits on the authorized duration of work undertaken in the interests of art, science or education. Noting that the report contains no information on these matters, the Committee again expresses the hope that the order will be adopted shortly and requests the Government to provide a copy of it as soon as it has been adopted.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 1 of the Convention. In its previous comments, the Committee noted with interest that a Higher Children’s Council had been created by Decree No. 2002-574 of 12 March 2002 and that its duties included monitoring the situation in the country, studying and advising on national action plans relating to children, and ensuring the follow-up of these plans taking into account the country’s priorities (section 2). The Committee notes the adoption of Decree No. 2003-1054 of 5 May 2003 amending the abovementioned Decree of 12 March 2002. The Committee once again requests the Government to provide copies of any reports prepared by the abovementioned Council on the implementation of national action plans relating to children.

Article 2, paragraphs 1 and 3. 1. Scope and school attendance. The Committee noted previously that section 53 of the Labour Code sets the minimum age for admission to employment at 16 years, but appears not to cover children working on their own account. In view of the fact that the Convention applies to all types of work or employment, the Committee asks the Government to indicate the measures taken or envisaged to ensure that no one under the specified minimum age (16 years) is admitted to employment or work in any occupation, particularly on a self-employed basis. The Government indicated in this connection that Act No. 91-65 of 29 July 1991 on the education system makes basic education compulsory until the age of 16 years and that, in its view, compulsory basic education prevents children under 16 years of age from entering the labour market (as wage earners) or working on their own account. The Committee requests the Government to provide statistical information on school attendance and school drop-outs.

Article 7. Determination of light work. The Committee noted previously that, according to the Government, a decree determining the nature of light work, the preliminary precautions to be taken when engaging children in such work and the number of working hours of young persons, would be adopted in accordance with the provisions of section 56 of the Labour Code. The Committee again reminds the Government that pursuant to Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities, the number of hours and the working conditions of light work. The Committee again expresses the hope that the Government will take all necessary steps to have the above decree adopted and that a copy of it will be sent to the Office as soon as it has been passed.

Article 8. Artistic performances. Further to its previous comments, the Committee notes the information sent by the Government to the effect that the conditions for granting individual employment permits for children to appear in public performances or participate in cinematographic works are set in an order issued by the Ministry of Social Affairs on 19 January 2000. These conditions include: written agreement from the guardian; certification from a medical specialist that the child is physically and mentally fit to carry out the work; authorization by the competent authorities for participation in public performances or cinematographic works; a ban on authorizing participation in hazardous work or work liable to be harmful to the child’s development, morals or school attendance; a ceiling of two hours’ actual work per day, and a ceiling of four hours’ per day for presence. The Committee also notes the Government’s statement that a copy of the order determining the minimum age from which individual permits may be granted, and setting limits on duration in the case of work undertaken in the interests of art, science or education, will be sent to the Office as soon as the text has been adopted. The Committee hopes that the order will be adopted shortly.

Part III of the report form. Further to its previous comments, the Committee takes due note of Act No. 2000-53 of 22 May 2000, supplementing the Code for the Protection of Children, and notes the adoption of Decree No. 96-1134 of 17 June 1996, establishing special regulations governing child protection delegates, and the areas and means of the action they undertake with the social services and organizations concerned.

Part V of the report form. Practical application of the Convention. With reference to its previous comments, the Committee notes the information supplied by the Government to the effect that the labour inspection services have reported no unlawful employment of children under the age of 16 in the course of their visits to workplaces in 2004.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government and requests it once again to provide information on the following points.

Article 1 of the Convention. The Committee notes with interest the creation of a Higher Children’s Council by Decree No. 2002-574 of 12 March 2002, the function of which includes monitoring the situation in the country, studying and advising on national action plans relating to children and ensuring the implementation of national action plans relating to children taking into account national priorities (section 2). The Committee requests the Government to provide a copy of any reports prepared by this Council on the implementation of national action plans relating to children.

Article 2, paragraph 1. Self-employment. As the Government has not responded to the comments made in its direct requests of 2000 and 2002, the Committee is bound to reiterate the following points. The Committee noted previously that section 53 of the Labour Code fixes the minimum age for admission to employment at 16 years but does not seem to cover children engaged in self-employment. The Government had indicated that Act No. 91-65 of 29 July 1999, respecting the education system, provides for the establishment of compulsory basic education up to the age of 16 years. It considers that compulsory basic education prevents the entry of children under 16 years of age into the (waged) labour market or their engagement in self-employment. The Government also stated that the minimum age for admission to self-employment is governed by the Tunisian Commercial Code, approved by Act No. 59-129 of 5 October 1959 which, in section 6, prohibits young persons of 18 years of age from engaging in commercial activities if they have not obtained total emancipation. The Committee once again requests the Government to provide information on the measures which have been adopted to give effect in practice to section 6 of the above Act. It also requests the Government to indicate the conditions for obtaining total emancipation, and in particular the minimum age required.

Family enterprises. The Committee also noted that, by virtue of section 54(1) of the Labour Code, the employment of young persons under 16 years of age is authorized in establishments in which only family members work under the authority of the father, mother or the guardian, on condition that the employment of these children has no negative effect on their health, physical and mental development and school attendance. The Committee observed that section 54, subsection 2, states that the provisions of section 54, subsection 1, do not apply to hazardous work as defined under section 58 of the Labour Code. Furthermore, this section establishes the minimum age for admission to these types of work at 18 years. The Government also indicated that section 54(2) of the Labour Code prohibits the employment of this category of workers in types of work that, by their nature or the conditions under which they are performed, are hazardous for the life, health or morals of the persons concerned.

The Committee notes the Government’s previous statement that family enterprises are excluded from the scope of application of Article 5, paragraph 3, of the Convention. It also indicated that, despite the absence of protection in the Convention for children employed in family enterprises, the Tunisian legislation provides for such protection. The Committee reminds the Government that the list of activities or types of work included in Article 5, paragraph 3, of the Convention establishes the activities or types of work that cannot be excluded from the scope of application of the Convention. If a Government, the economy and administrative services of which have not reached a sufficient level of development, wishes to limit, for a preliminary period, the scope of application of the Convention, it must at least apply the provisions of the Convention to these activities. The Committee also recalls that, in accordance with Article 5, paragraph 2, of the Convention, it is possible to limit the scope of application of the Convention to certain branches of economic activity or certain types of enterprises by means of a declaration annexed to the ratification. As the Government did not take advantage of this flexibility clause when ratifying the Convention, it may no longer do so. The Committee therefore requests the Government to take the necessary measures to bring the legislation relating to work in family enterprises into conformity with the provisions of Article 2 of the Convention, in particular by fixing a minimum age for admission to employment in this type of enterprise.

Article 3, paragraph 2.  The Committee noted with interest the adoption of the Order of 19 January 2000 of the Minister of Social Affairs, which fixes the types of work in which the employment of children is prohibited. It had requested the Government to communicate the Order of 10 January 1995 of the Ministers of Public Health and Social Services prescribing the list of occupational diseases in order to determine the nature of the "other" types of work, mentioned in section 1 of the Order of 19 January 2000 of the Minister of Social Affairs. The "other" types of work are prohibited because they require the handling of substances included in the list of occupational diseases. The Committee takes due note of the transmission of the above Orders which list in 84 schedules the occupational diseases caused by toxic mineral substances, fossil fuels, plastics, pesticides and other substances.

Article 7. Determination of light work. The Committee noted the Government’s indication that a decree to determine the nature of light work and the preliminary precautions to be taken when engaging children in such work, as well as the number of working hours of young persons, would be adopted in accordance with the provisions of section 56 of the Labour Code. The Committee reminds the Government that, by virtue of Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities, the number of hours and the working conditions of light work. The Committee notes that section 56(2) of the Labour Code fixes the maximum number of working hours for young persons under the age of 16 years engaged in light work, and that it provides in subsection 3 that a decree will determine the nature of light work and the preliminary precautions to be taken when engaging children in such light work. Noting that there was no reference to the adoption of a decree in the last Government’s report, the Committee hopes it will take all the necessary measures with a view to adopting the decree and that a copy will be forwarded to the Office as soon as it has been adopted.

Article 8.  In its previous comments, the Committee noted with interest the Order of 19 January 2000 of the Minister of Social Affairs, which establishes the conditions under which individual permits are granted to employ children in public performances or for work in the movie industry. The Committee notes that the Government consulted the representative workers’ and employers’ organizations before the adoption of the above Order. The Committee requests the Government to indicate whether the Order, in accordance with Article 8, paragraph 2, of the Convention, establishes the conditions under which such individual permits are granted and in particular whether it limits the number of hours of employment of the work authorized.

Part III of the report form. The Committee notes that, by virtue of sections 20, 26 and 30 of the Code for the Protection of Children, the act of engaging a child in work likely to prevent school attendance, or which is harmful to his or her health, physical or moral integrity, is considered economic exploitation and constitutes one of the difficult situations requiring the intervention of a child protection delegate. The Committee would be grateful if the Government would supply a copy of Act No. 2000-53 of 22 May 2000, which supplements the above Code, as well as information on the types of difficult situations observed and the measures taken to bring them to an end. It also requests the Government to indicate whether the decree establishing the status, the fields of intervention and the means of action of social services and bodies, and in particular of child protection delegates, have been adopted as provided for under section 28(2) of the Labour Code.

Part V of the report form. The Committee requests the Government to continue providing information on the manner in which the Convention is applied in practice and it would be grateful in particular if the Government would supply statistics on the employment of children and young persons, extracts from the reports of inspection services, details on the number and nature of the violations reported and the sanctions imposed.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request:

Article 2, paragraph 1, of the Convention. In its previous comments the Committee referred to the types of work and employment to which the Convention applies. The Committee had noted that section 53 of the Labour Code establishes the minimum age at 16 years, but that under the terms of section 6 of the Code, this minimum age only applies to salaried employment and does not cover all types of employment or work, such as own-account work.

According to the Government’s previous report, Act No. 91-65 of 29 July 1991 respecting the education system, which provides for the establishment of compulsory basic education up to the age of 16 years, is of such a nature as to prevent the entry of children onto the labour market or their engagement in own account work under the age of 16 years. The Government also stated that the minimum age for admission to self-employment is governed by the Tunisian Commercial Code, approved by Act No. 59-129 of 5 October 1959 which, in section 6, prohibits young persons of 18 years of age from engaging in commercial activities if they have not obtained "total emancipation". The Committee again requests the Government to provide information on the measures which have been adopted to give effect in practice to section 6 of Act No. 59-129.

The Committee had noted that, by virtue of section 54(1) of the Labour Code, the employment of children under 16 years of age is authorized in establishments in which only family members work under the authority of the father, the mother or the guardian, on condition that the employment of these children has no negative effect on their health, physical and mental development and school attendance. In its previous report, the Government stated that section 54(2) of the Labour Code prohibits the engagement of this category of workers in work which, by its nature or the conditions in which it is performed, is dangerous for the life, health and morals of the persons assigned to it.

The Committee noted that section 54(2) also states that the provisions of section 54(1) do not apply to hazardous work as defined in section 58 of the Labour Code. Furthermore, this section establishes the minimum age for admission to these types of work at 18 years. The Committee again requests the Government to provide information in future reports on the situation of the law and practice with regard to young persons under 16 years of age working in family establishments, and to indicate the extent to which effect is given, or it is envisaged to give effect to the present Convention with regard to this category of children.

Article 3, paragraph 2.  The Committee noted with interest the adoption of the Order of 19 January 2000, issued by the Minister of Social Affairs, prescribing the type of work for which the employment of children is prohibited. Section 1 of this Order contains a list with the type of work for which the employment of children under the age of 18 years is prohibited, in particular "other work" where substances or composition of substances are handled which are neither prescribed by the Order, nor mentioned in the list of occupational diseases established by the national legislation in force. The Committee again requests the Government to provide information on the "other work". To this effect, the Committee also requests the Government to supply a copy of the Order of 10 January 1995, issued by the Ministers of Public Health and Social Services, establishing the list of occupational diseases, as well as a copy of the Order of 15 April 1999. Furthermore, it again requests the Government to indicate whether consultations have taken place with the organizations of employers and workers concerned when the above orders were adopted.

Article 6. The Committee noted the Government’s indications that section 60 of Act No. 93-10 repealed all previous provisions which were contrary to the above Act and that the provisions of the Labour Code, including section 346 respecting vocational training, which was contrary to the Act, have therefore been repealed. The Government also indicated that the age of admission to apprenticeship is currently established by section 26 of Act No. 93-10, under the terms of which "the age of admission to apprenticeship is between 15 and 20 years". The Committee again requests the Government to take all the necessary measures to bring the Labour Code into conformity with the Convention.

The Committee noted the Order adopted by the Minister of Vocational Training and Employment on 22 February 1996 establishing the duration of apprenticeship by branches of activity and types of occupation, as well as organizing examinations for the completion of apprenticeship. The Committee also noted the Government’s indication that the Order was adopted after consultation with the occupational organizations concerned. The Committee again requests the Government to provide additional information concerning the implementation of the Order, particularly with regard to section 8 respecting the supervision of practical training in enterprises and further training by the institutions concerned.

In its previous comment, the Committee requested the Government to indicate the working conditions under which work is performed by persons of at least 14 years of age under section 53-2 of the Labour Code in the context of teaching and training in enterprises, and the provisions by which they are determined. The Committee again requests the Government to provide information on this matter.

Article 7, paragraph 3. The Committee noted the Government’s indication that a decree would be adopted to determine the nature of light work and the preliminary precautions to be taken when engaging children in such work, as well as the hours of work of young persons aged between 16 and 18 years. The Committee again hopes that the Government will take all the necessary measures for the adoption of this decree and that a copy of it will be transmitted to the Office as soon as it has been adopted.

Article 8, paragraph 2. The Committee noted with interest the Order of 19 January 2000, issued by the Minister of Social Affairs, establishing the conditions under which individual authorization is granted to employ children for public performances or for work in the movie industry. The Committee again requests the Government to supply information concerning the consultations which have taken place with the organizations of employers and workers concerned when the above Order was adopted.

Article 1 and Part V of the report form.  In its previous comments, the Committee noted with interest the efforts made by the Government to protect children from exploitation. The Committee had requested the Government to provide information on the measures which had been taken or were envisaged to ensure the application of the Convention in practice and, in this respect, to refer to its general observation of 1995. The Committee once again requests the Government to provide information on this matter.

The Committee had also requested the Government to continue supplying information on the manner in which the Convention is applied in practice, including for example statistical data on the number of children and young persons who work and the nature of their work, extracts from the reports of inspection services and the violations reported. This information will be particularly useful in view of the Government’s reference in its first report to the figures obtained by extrapolation from a population census carried out in 1975. The Committee therefore again hopes that the Government will provide information on this subject in its next report.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided by the Government in its report.

Article 2, paragraph 1, of the Convention.  In its previous comments the Committee referred to the types of work and employment to which the Convention applies. The Committee had noted that section 53 of the Labour Code establishes the minimum age at 16 years, but that under the terms of section 6 of the Code, this minimum age only applies to salaried employment and does not cover all types of employment or work, such as own-account work.

According to the Government, Act No. 91-65 of 29 July 1991 respecting the education system, which provides for the establishment of compulsory basic education up to the age of 16 years, is of such a nature as to prevent the entry of children onto the labour market or their engagement in own account work under the age of 16 years. The Government also states that the minimum age for admission to self-employment is governed by the Tunisian Commercial Code, approved by Act No. 59-129 of 5 October 1959 which, in section 6, prohibits young persons of 18 years of age from engaging in commercial activities if they have not obtained "total emancipation". The Committee requests the Government to provide information on the measures which have been adopted to give effect in practice to section 6 of Act No. 59-129.

The Committee had noted that, by virtue of section 54(1) of the Labour Code, the employment of children under 16 years of age is authorized in establishments in which only family members work under the authority of the father, the mother or the guardian, on condition that the employment of these children has no negative effect on their health, physical and mental development and school attendance. In its report, the Government states that section 54(2) of the Labour Code prohibits the engagement of this category of workers in work which, by its nature or the conditions in which it is performed, is dangerous for the life, health and morals of the persons assigned to it.

The Committee notes that section 54(2) also states that the provisions of section 54(1) do not apply to hazardous work as defined in section 58 of the Labour Code. Furthermore, this section establishes the minimum age for admission to these types of work at 18 years. While noting the information provided by the Government in this respect, and in accordance with Article 4, paragraph 2, of the Convention, the Committee requests the Government to provide information in future reports on the situation of the law and practice with regard to young persons under 16 years of age working in family establishments, and to indicate the extent to which effect is given, or it is envisaged to give effect to the present Convention with regard to this category of children.

Article 3, paragraph 2.  The Committee notes with interest the adoption of the Order of 19 January 2000, issued by the Minister of Social Affairs, prescribing the type of work for which the employment of children is prohibited. Section 1 of this Order contains a list with the type of work for which the employment of children under the age of 18 years is prohibited, in particular "other work" where substances or composition of substances are handled which are neither prescribed by the Order, nor mentioned in the list of occupational diseases established by the national legislation in force. The Committee requests the Government to provide information on the "other work". To this effect, the Committee requests the Government to supply a copy of the Order of 10 January 1995, issued by the Ministers of Public Health and Social Services, establishing the list of occupational diseases, as well as a copy of the Order of 15 April 1999. The Committee also requests the Government to indicate whether consultations have taken place with the organizations of employers and workers concerned when the above orders were adopted.

Article 6.  The Committee notes the Government’s indications that section 60 of Act No. 93-10 repealed all previous provisions which were contrary to the above Act and that the provisions of the Labour Code, including section 346 respecting vocational training, which was contrary to the Act, have therefore been repealed. The Government also indicates that the age of admission to apprenticeship is currently established by section 26 of Act No. 93-10, under the terms of which "the age of admission to apprenticeship is between 15 and 20 years". The Committee requests the Government to take all the necessary measures to bring the Labour Code into conformity with the Convention.

The Committee notes the Order adopted by the Minister of Vocational Training and Employment on 22 February 1996 establishing the duration of apprenticeship by branches of activity and types of occupation, as well as organizing examinations for the completion of apprenticeship. The Committee also notes the Government’s indication that the Order was adopted after consultation with the occupational organizations concerned. The Committee requests the Government to provide additional information concerning the implementation of the Order, particularly with regard to section 8 respecting the supervision of practical training in enterprises and further training by the institutions concerned.

In its previous comment, the Committee requested the Government to indicate the working conditions under which work is performed by persons of at least 14 years of age under section 53-2 of the Labour Code in the context of teaching and training in enterprises, and the provisions by which they are determined. The Committee notes no reference to this subject in the Government’s report and once again requests the Government to provide information on this matter.

Article 7, paragraph 3.  The Committee notes the Government’s indication that a decree will be adopted to determine the nature of light work and the preliminary precautions to be taken when engaging children in such work, as well as the hours of work of young persons aged between 16 and 18 years. The Committee hopes that the Government will take all the necessary measures for the adoption of this decree and that a copy of it will be transmitted to the Office as soon as it has been adopted.

Article 8, paragraph 2.  The Committee notes with interest the Order of 19 January 2000, issued by the Minister of Social Affairs, establishing the conditions under which individual authorization is granted to employ children for public performances or for work in the movie industry. The Committee recalls that, in conformity with Article 8, paragraph 1, of the Convention, individual authorization permitting children to participate in artistic performances can only be granted after consultation with the organizations of employers and workers concerned. However, under the provisions of the Order of 19 January 2000, these consultations are not prescribed. The Committee therefore requests the Government to provide information on the measures taken or envisaged to ensure that these consultations take place, in every single case, when the permits are granted. Moreover, the Committee also requests the Government to supply information concerning the consultations which have taken place with the organizations of employers and workers concerned when the above Order was adopted.

Article 1 and Part V of the report form.  In its previous comments, the Committee noted with interest the efforts made by the Government to protect children from exploitation. The Committee had requested the Government to provide information on the measures which had been taken or were envisaged to ensure the application of the Convention in practice and, in this respect, to refer to its general observation of 1995. The Committee once again requests the Government to provide information on this matter.

The Committee had also requested the Government to continue supplying information on the manner in which the Convention is applied in practice, including for example statistical data on the number of children and young persons who work and the nature of their work, extracts from the reports of inspection services and the violations reported. This information will be particularly useful in view of the Government’s reference in its first report to the figures obtained by extrapolation from a population census carried out in 1975. The Committee therefore hopes that the Government will provide information on this subject in its next report.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's first report. It requests the Government to provide additional information on the following points.

Article 2, paragraph 1, of the Convention. The Committee notes that section 53 of the Labour Code establishes the minimum age at 16 years. However, it notes that, under the terms of section 6 of the Labour Code, this minimum age only applies to salaried employment and does not cover all the types of work prohibited by the Convention, such as own account work. In view of the fact that the Convention, under the terms of Article 2, paragraph 1, is applicable to employment or work in any occupation, the Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that no person below the specified minimum age (16 years) is admitted to employment or work in any occupation, including own account work.

Furthermore, the Committee notes that the employment of children under 16 years of age is authorized in establishments in which only family members work under the authority of the father, the mother or the guardian, on condition that the employment of these children has no negative effect on their health, physical and mental development and school attendance (section 54(1) of the Labour Code). It recalls that any exclusion from the application of the Convention, including work performed by children in family enterprises, is only permitted under Article 4, which requires a statement to this effect in the first report. The Committee notes that the Government stated that it has not availed itself of this Article in its first report. In view of the contents of section 54(1) of the Labour Code, it requests the Government to state whether it intends to avail itself of the flexibility clause contained in Article 4 with regard to family enterprises. If such enterprises are not excluded in this way, the Committee requests the Government to indicate the measures which have been taken or are envisaged to give effect to the Convention in family enterprises.

Article 3, paragraph 2. The Committee requests the Government to state whether the order referred to in section 58 of the Labour Code determining the types of work that are prohibited for children under 18 years of age has already been elaborated. It requests the Government to supply a copy of the above text as soon as it is adopted.

Article 6. The Committee notes that, in accordance with section 26 of Act No. 93-10, the age of admission to apprenticeship is between 15 and 20 years. However, according to section 346 of the Labour Code, no apprentice under the age of 14 years may enter apprenticeship without authorization from the competent department of the Secretariat of State for Youth, Sports and Social Affairs. The Committee therefore requests the Government to indicate which of these two texts in practice determines the age of admission to apprenticeship. Furthermore, the Committee requests the Government to indicate whether the decree referred to in section 359 of the Labour Code to determine the list of individual activities involving methodical apprenticeship and their maximum duration has already been adopted. If so, the Committee requests the Government to provide a copy. Finally the Committee requests the Government to indicate the working conditions under which work is performed by persons of at least 14 years of age under section 53-2 of the Labour Code in the framework of teaching and training in enterprises, and the provisions by which they are determined.

Article 7, paragraph 3. The Committee requests the Government to indicate whether the decree referred to in section 56(3) to determine the nature of light work and the preliminary precautions to be taken when engaging children in this work, as well as the hours of work of children aged between 16 and 18 years, has already been adopted. If so, please provide a copy.

Article 8, paragraph 2. The Committee requests the Government to indicate whether the order referred to in section 57(2) of the Labour Code concerning the minimum age above which individual authorizations may be granted and the maximum hours of work permitted for work performed in the interests of art, science and education, has already been adopted. If so, please provide a copy.

Articles 1 and 9 and point V of the report form. The Committee notes with interest the efforts made by the Government to protect children from exploitation and particularly the establishment of the National Council of the Child and the Higher Council of Youth. It requests the Government to provide information on the measures which have been taken or are envisaged to give effect in practice to the Convention. In this respect, the Committee requests the Government to refer to its general observation of 1995.

The Committee notes the Government's statement in its report to the effect that the problem of child labour does not arise in practice and that no violation by employers of the legislation on child labour has been noted in annual labour inspection reports in recent years. It requests the Government to continue supplying information on the manner in which the Convention is applied in practice, including for example statistical data on the number of children and young persons who work and the nature of their work, extracts from the reports of inspection services and the contraventions reported.

With regard to statistics, the Government's report, which refers to the article "Child labour today: Facts and figures", published by the ILO in the magazine World of Work No. 16 (June/July 1996), indicates that the percentage of children between the ages of 10 and 14 exercising an economic activity in 1995 in Tunisia is equivalent to zero. However, according to the ILO's Bureau of Statistics, the figure for Tunisia is the result of an estimate obtained from the extrapolation of figures compiled in a population census in 1975. It cannot therefore be considered proof of the absolute non-existence of child labour in Tunisia. The Committee requests the Government to indicate whether a statistical survey of child labour has been envisaged or carried out.