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The Committee notes the Government’s indication that Act No. 91-65 of 29 July 1991 concerning the education system was repealed and replaced by Act No. 2002-80 of 23 July 2002 concerning school education and instruction.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.