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

Article 1(1)(a) of the Convention. Discrimination on grounds of sex. The Committee notes with interest the adoption in 2017 of Basic Act No. 2017-58 of 11 August 2017, concerning the elimination of violence against women. It notes that this Act aims to eliminate all forms of violence against women through the implementation of preventive measures, the pursuit and repression of the authors of violence, and protection and support of victims (section 1). This Act applies to all forms of discrimination and violence to which women are subjected, regardless of perpetrator and place (section 2). The Committee notes that the Act defines and sanctions various types of violence, including: (1) physical violence (any abusive or harmful act undermining the physical integrity or safety of the woman or her life, such as punching, kicking, wounding, shoving, disfigurement, burning, mutilation of certain parts of the body, sequestration, torture and homicide); (2) sexual violence (any act or words by which the author seeks to subject the woman to his own sexual desires or to the sexual desires of others, by coercion, trickery, or other means, of a nature to weaken or undermine the will, and this regardless of the relation of the author to the victim); (3) political violence (any act or practice based on gender discrimination by which the author seeks to deprive the woman of, or prevent her from exercising, any political, partisan or associative activity, or any basic freedom); and (4) economic violence (any act or omission of a nature to exploit women or deprive them of economic resources, regardless of the origin of such resources, including the withholding of funds, wages or income, control of wages or income, and forbidding or coercing the performance of work) (section 3). The Committee also notes that according to section 5 of the Basic Act No. 2017-58 of 11 August 2017, the State commits to formulating national policies, strategic plans and common or sectoral programmes and to establish the regulations and take the measures required for their implementation with a view to eliminating all forms of violence against women within the family, in the social environment, in education, in vocational training, in health, culture, sport and in the media. The Committee requests the Government to provide information on the application in practice on Act No. 2017/58 in the field of work, indicating the measures taken or envisaged under the abovementioned national policies, strategic plans and common or sectoral programmes to reduce sexist violence in employment and occupation. In particular please provide information on the measures taken to inform and raise the awareness of employers, workers and their organizations, labour inspectors, judges and the public at large of the contents of Basic Act No. 2017-58 concerning the elimination of violence against women and more generally of the combat against gender based violence.
Sexual harassment. The Committee notes that, according to section 15 of the abovementioned law, section 226ter of the Penal Code on sexual harassment has been amended and now provides an increased penalty of imprisonment of two years (as opposed to one year previously) and a fine of up to 5000 dinars (US$2000). According to the same article of the Penal Code: “sexual harassment is considered as any aggression of another person by acts, gestures or words carrying sexual connotations that offend or undermine the person’s dignity with the aim of inducing the person to submit to the sexual desires of the aggressor or of others, or by exercising over the person a dangerous pressure likely to weaken the person’s capacity of resistance”. The Committee recalls that, addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case) and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not the full range of behaviour that constitutes sexual harassment in employment and occupation. The Committee notes that this definition covers only sexual harassment, as aggression of a person through acts or words, but does not cover all behaviour that constitutes sexual harassment in employment and occupation, namely: (1) sexual harassment that resembles blackmail (quid pro quo harassment or harassment involving a request for a sexual act in exchange for an advantage or removal of a threat) on the one hand; and (2) harassment due to a hostile, intimidating, degrading, offensive or humiliating working environment on the other. The Committee also notes that the Government provides no information on the measures taken or on existing mechanisms to allow victims of sexual harassment to claim redress. The Committee requests the Government to: (i) consider incorporating in its legislation a provision to define and expressly prohibit sexual harassment in employment and occupation in both its forms (quid pro quo and hostile working environment); and (ii) ensure that the victims of sexual harassment have access to effective remedies. The Committee also requests the Government to provide information on awareness-raising and training activities carried out on harassment for the public, workers and employers and their organizations, as well as for law enforcement agents, labour inspectors and judges.
Article 2. National equality policy. Equality of access to vocational education, training and guidance in rural areas. In its previous comments, the Committee requested the Government to provide information on measures taken to promote equality of access to vocational education, training and guidance of populations living in rural areas, as compared to populations in urban centres, and on the results achieved, especially as regards the situation of girls and women in rural areas. In this connection, the Committee notes the Government’s report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), which announces the adoption of the “National strategy for the economic and social empowerment of girls and women in rural areas, 2017-2020”. According to the data on which the Strategy is based: 32.4 per cent of girls and women in Tunisia live in rural areas, where they represent 50.4 per cent of the total rural population. These women are subject to cultural, social and economic constraints that restrict their access to the labour market and to decent, paid employment. The Strategy adopted reposes on five pillars: (1) economic empowerment; (2) social empowerment; (3) participation in public life and local governance; (4) improvement of the quality of life; and (5) production of statistical data. The Committee requests the Government to provide: information on the impact of the implementation of the National Strategy for the economic and social empowerment of girls and women in rural areas, 2017-2020; on the combat against inequality of access to vocational education, training and guidance from which girls and women living in rural areas suffer; and updated statistical data, disaggregated by sex, that demonstrate the impact of those measures, and on the difficulties encountered in this regard.
The Berber population. For many years the Committee has requested the Government to provide information on the measures taken to promote equality of opportunity and treatment for the Berber population in the labour market. The Committee hopes that the new Act No. 2018-50 concerning the elimination of all forms of racial discrimination, mentioned in its observation, will contribute to giving full effect to the provisions of the Convention on this point. It recalls that the collection and analysis of relevant statistics and data are indispensable to determine the nature, extent and causes of discrimination. The Committee again requests the Government to provide updated statistical information, disaggregated by sex, on the situation of the Berber population with regard to access to education, employment and the labour market. Please also indicate the measures taken to ensure discrimination-free access for men and women from this minority group to employment and to vocational training, as well as access for their children to education and provide information on the impact of measures taken in this regard.
General observation of 2018. With regard to the points raised above and more generally, the Committee wishes to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction, adopted in 2018. In this general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. The Committee thus considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.
The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information responding to the issues raised in that observation.
Disability. In its previous comments, the Committee requested the Government to provide updated information on the impact of positive action measures in favour of persons with disabilities provided by Act No. 2005-83 on the promotion and protection of persons with disabilities. The Committee notes that the Act of 2005 was amended by Act No. 2016-41 of 16 May 2016. By virtue of section 29, a quota of at least two per cent of the public service shall, as a priority, be attributed to persons with disabilities. Furthermore, any enterprise or public or private establishment employing between 50 and 90 workers, shall reserve at least one position for persons with disabilities (section 30). Where an enterprise is unable to comply with this quota, it may have recourse to teleworking, subcontracting labour, acquiring products from self-employed persons with disabilities, or from associations working in the field of disability. Noting that the Government has not provided information on the impact of positive action measures taken under Act No. 2005-83, as amended in 2016, the Committee again requests the Government: (i) to provide statistical information specifying the number of workers with disabilities who have benefited from these measures in the private or public sectors; and (ii) to indicate the positive measures taken or envisaged to enable persons with disabilities to benefit from real equality of opportunity, including by combating stereotypes related to disabilities, for example by promoting accessibility through reasonable alterations to installations or by establishing monitoring mechanisms in respect of employment opportunities for persons with disabilities who have participated in training courses and placement programmes.
Article 5. Workers with family responsibilities. In its previous comments, the Committee noted that although men can benefit under the same conditions as women from the part-time work scheme in the private sector (sections 94-2 to 94-12 of the Labour Code), this is not the case in the public sector, where this special scheme applies exclusively to women (Act No. 2006-58 of 28 July 2006 introducing a special part-time work scheme in the public sector). The Committee therefore requested the Government to take steps to harmonize the legislation to ensure that this option should also be available for men working in the public sector. The Committee requests the Government to indicate progress made in this regard and also to provide updated statistics on the number of men and women workers, from the public and private sectors, that have availed themselves of the possibility of part-time work.
Enforcement. The Committee has noted the Government’s indication that, over the past period, the labour inspectors observed no cases of discrimination between women and men in the enterprises visited, across all sectors, irrespective of whether the workers monitored were or were not unionized. According to the Government, neither have the labour inspectors received any complaints alleging discrimination based on sex (with regard to wages, occupational classification or promotion). Given that no society is free from discrimination, the Committee underlines that the absence, or very low number of cases or complaints does not automatically indicate that there is no discrimination in respect of employment or occupation on the basis of the criteria listed in the Convention, but can also be explained by the lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (2012 General Survey on the fundamental Conventions, paragraph 870). The Government has indicated that a Bill against all forms of discrimination is under discussion; the Committee therefore draws the Government’s attention to the need to take this opportunity to make sure that a clear and comprehensive legal framework is put in place so that the right to equality and non-discrimination is known to all and applied in practice. The Committee requests the Government to provide information on the measures taken or envisaged to: (i) raise the awareness of employers, workers and their organizations on the laws and policies regarding non-discrimination and equality and their impact with respect to employment and occupation; and (ii) build the capacities of the labour inspectorate to effectively promote and ensure equality in employment and occupation for all workers employed in all economic sectors, in both the formal and informal economy. Following the adoption of Act No. 2018-50 of 2018 concerning the elimination of all forms of racial discrimination, the Committee requests the Government to provide information and the number and nature of acts of discrimination based on race, colour and national extraction examined by the labour inspectorate and the courts.

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

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.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.
Repetition
Article 1(1)(a) of the Convention. Discrimination on grounds of sex. Sexual harassment. The Committee notes the Government’s indication in its report that several studies have been conducted to evaluate the extent of violence against women, particularly in employment, and to implement the most appropriate measures to eliminate this scourge. It notes the Government’s reference to the development of a comprehensive Bill to eliminate all forms of violence against women, including sexual harassment in the workplace. The Committee hopes that this comprehensive Bill will be developed and adopted in the near future, in collaboration with the workers’ and employers’ organizations, and that it will expressly prohibit both quid pro quo and hostile working environment sexual harassment. It requests the Government to provide information on any progress made in this regard, and on the results of studies conducted to access the extent of sexual harassment in the workplace. The Committee also requests the Government to provide information on awareness-raising and training activities carried out on harassment and the remedies available, for the public, workers, employers and their organizations, as well as for law enforcement agents, labour inspectors and judges.
Discrimination on grounds of race, colour or national extraction. The Berber population. In its previous comments, the Committee requested the Government to provide information on the situation of members of minority groups, and particularly the Berber population, in the labour market. The Committee notes that the Government provides no information in this respect. It refers to its comments relating to the Indigenous and Tribal Populations Convention, 1957 (No. 107), in which it notes that the Berber population is located mainly in certain areas in the south of the country and that article 42 of the new Constitution guarantees the support of the State to “national culture in its rootedness and diversity”. The Committee therefore once again requests the Government to provide information on the measures taken, particularly in the context of the legislative reforms alongside the new Constitution, in order to ensure equality of opportunity and treatment of members of minority groups, in particular the Berber population, with regard to access for their children to education and access for men and women to employment and vocational training. The Government is also requested to provide updated information on the situation of minorities in the labour market.
Article 1(1)(b). Disability. In its previous comments, the Committee noted that Act No. 2005-83 of 15 August 2005 on the promotion and protection of persons with disabilities fixes a quota of 1 per cent of positions for persons with disabilities in the public service and in public and private enterprises usually employing over 100 workers (sections 29 and 30). The Committee notes with interest that article 48 of the new Constitution provides that “the State shall protect all persons with disabilities against all forms of discrimination” and that “all citizens with disabilities shall have the right, according to the nature of the disability, to receive all measures that ensure their full integration into society, and the State shall take all necessary measures to this end”. The Committee notes that, according to the Government, given the low number of enterprises employing over 100 workers, the Minister for Social Affairs has drawn up a draft revision of Act No. 2005-83 to reduce this threshold to 50 workers. It notes that the Government plans to implement activities to facilitate the occupational integration of persons with disabilities, and that a programme to promote their inclusion in schools and vocational training is being developed. The Committee requests the Government to provide updated information on the impact of positive action measures envisaged by the Act on the promotion and protection of persons with disabilities of 2005, specifying the number of workers with disabilities who have benefited from these measures in order to access employment in the public service or in public or private enterprises. The Committee requests the Government to continue providing information on the development of the draft revision of the above Act, and on the content and impact of activities carried out to facilitate access for persons with disabilities to education, vocational training and employment.
Article 2. Equality of access to vocational education, training and guidance in rural areas. The Committee notes the information provided by the Government concerning the training activities undertaken between 2014 and 2015 by 647 social education centres, the majority of the participants of which were women (77.1 per cent), except in rural areas where only 33.3 per cent of women participated in the activities. The Government indicates that the average literacy rate was 18.1 per cent in 2012, but rose to an average of 22.5 per cent among women, reaching 40.1 per cent among women in rural areas. With reference to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100), the Committee draws the Government’s attention to the alarmingly significant regional disparities, particularly between urban and rural areas, which persist with regard to access to education, vocational training and guidance, and employment, especially paid employment, and which primarily affect women in rural areas. The Committee requests the Government to continue providing information on measures taken to promote equality of access to vocational education, training and guidance in rural areas, and on the results achieved in terms of access to employment for men and women, particularly women’s rate of literacy.
Article 5. Workers with family responsibilities. The Committee recalls that under national legislation, although men can benefit under the same conditions as women from the part-time work scheme in the private sector (sections 94-2 to 94 12 of the Labour Code), this is not the case in the public sector where this special scheme applies exclusively to women (Act No. 2006-58 of 28 July 2006 introducing a special part-time work scheme in the public sector). Noting that the Government does not provide any information on this matter, the Committee recalls that, while measures to support workers with family responsibilities are essential for the promotion of gender equality in employment and occupation, where the law suggests that the primary responsibility for the care of the family falls to women or excludes men from certain rights and advantages, stereotyped roles for women and men in the family and society persist and are reinforced. It notes in this regard that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights emphasized that women remained disadvantaged in terms of access to work, as several provisions aim to promote reconciliation of work and family life by strengthening gender stereotypes and occupational segregation (E/C.12/TUN/CO/3 of 7 October 2016, paragraph 28). The Committee therefore requests the Government to provide information on the measures taken or envisaged to harmonize national legislation in order to ensure that any provisions concerning workers with family responsibilities are applicable both to men and women. The Government is also requested to provide information on the number of men and women workers, from the public and private sectors, who avail themselves of the possibility of part-time work.
Enforcment. The Committee notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights expressed concern about the working conditions in the textile industry and the lack of resources allocated to the labour inspectorate, and expressed surprise at the fact that the labour inspection mandate did not appear to cover the informal sector, in which, according to some estimates, 37 per cent of jobs at the national level are concentrated (E/C.12/TUN/CO/3 of 7 October 2016, paragraphs 30 and 34). The Committee therefore requests the Government to provide information on the measures taken or envisaged to build the capacities of the labour inspectorate to effectively promote and ensure equality in employment and occupation for all workers employed in all economic sectors, in both the formal and informal economy. The Government is requested to provide information on any progress in this regard. The Committee also requests the Government to provide information on the number and nature of acts of discrimination examined by the labour inspectorate and the courts, and to send copies of administrative or judicial decisions issued on this matter.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments initially made in 2016. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.
Repetition
Articles 2 and 3 of the Convention. Equality of opportunity and treatment for men and women. For several years, the Committee has been requesting the Government to provide information on measures taken to promote real equality of opportunities between men and women in employment and occupation, particularly by combating segregation between men and women in the labour market and stereotypes concerning the capacities and aspirations of women. The Committee notes the Government’s indication once again in its report that section 5bis of the 1994 Labour Code generally prohibits discrimination on the basis of sex. The Committee also notes that the new Constitution, adopted on 26 January 2014, provides that the State undertakes to protect, support and improve women’s rights, and that it guarantees equal opportunity between men and women when taking on different responsibilities in all areas (article 46). While noting the Government’s indication that it is continuing its efforts to more effectively integrate women into economic life, the Committee notes that, despite the fact that school attendance rates in secondary and higher education are higher for girls than for boys, and that two-thirds of higher education graduates are girls (67 per cent in 2014), women’s participation in the economy remains particularly limited. The Committee notes that, according to statistics of the National Statistics Institute (INS), in the second quarter of 2016, while women represented 50.9 per cent of the working-age population, their already low rate of participation in the workforce further decreased between 2014 and 2016, falling from 28.6 per cent to 26 per cent. Women’s unemployment rate is nearly twice as high as men’s (23.5 per cent compared with 12.4 per cent for men). The Committee notes that the rate of unemployment is highest for women who have graduated from higher education (40.4 per cent compared with 19.4 per cent for men). With reference to its comments relating to the application of the Equal Remuneration Convention, 1951 (No. 100), the Committee notes that women are particularly concentrated in traditionally female-dominated areas of study, such as the arts, which offer few or no job prospects or lead them to occupy lower-paid jobs. The Committee also notes that only 6.5 per cent of heads of enterprises are women and that women are barely represented in positions of responsibility (30.8 per cent of senior positions). The Committee requests the Government to provide detailed information on the nature and impact of measures taken to promote secondary and higher education for girls and boys in non-traditional areas of study which offer real job prospects, and to combat gender stereotypes and occupational gender segregation with a view to promoting women’s participation in the labour market by enabling them to access a wider range of occupations, particularly occupations performed predominantly by men, and at senior and management levels. The Committee requests the Government to provide updated statistics on the situation of men and women in different economic activities, in both the private and public sector, specifying the proportion of men and women in management positions.
Discrimination on grounds other than sex. For many years, the Committee has been noting with regret the absence of information from the Government on measures taken to combat discrimination based on race, colour, national extraction, religion, political opinion and social origin in the context of a national policy of equality of opportunity and treatment, in accordance with the provisions of the Convention. In its previous comments, the Committee noted the adoption of the new Constitution, which, notably, provides for the equality of citizens before the law without discrimination (article 21) and provides that all citizens have the right to decent working conditions and fair pay (article 40). The Committee notes with concern that the Government’s report still does not contain any information on measures taken or envisaged with a view to expressly prohibiting all discrimination on grounds other than sex, set out in Article 1(1)(a) of the Convention. It is therefore bound to recall that the purpose of the Convention is to protect all persons against discrimination in the field of employment and occupation, on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. Noting that the new Constitution does not appear to afford protection against discrimination for the country’s citizens, the Committee draws the Government’s attention to the fact that the Convention applies to all workers, both nationals and non-nationals, in all sectors of activity, in the public and the private sectors, and in the formal and informal economy (see 2012 General Survey on the fundamental Conventions, paragraph 733). Given that the elimination of discrimination in employment and occupation requires the development and implementation of a national policy of equality of opportunity and treatment in multiple areas, the Committee urges the Government to provide detailed information on:
  • (i) measures taken or envisaged, in collaboration with the workers’ and employers’ organizations, to expressly prohibit all discrimination on the basis of race, colour, national extraction, religion, political opinion or social origin in law and practice;
  • (ii) awareness-raising and training activities conducted for workers and employers, and their organizations, as well as for labour inspectors and judges to ensure better knowledge and understanding of the provisions of the Convention and to thereby foster equality of opportunity and treatment in employment and occupation in practice; and
  • (iii) the number and nature of cases of discrimination examined by labour inspectors; and to send copies of any administrative or judicial decisions issued on this matter.
  • The Committee reminds the Government in this regard that it may avail itself of the technical assistance of the International Labour Office.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 1(1)(a) of the Convention. Discrimination on grounds of sex. Sexual harassment. The Committee notes the Government’s indication in its report that several studies have been conducted to evaluate the extent of violence against women, particularly in employment, and to implement the most appropriate measures to eliminate this scourge. It notes the Government’s reference to the development of a comprehensive Bill to eliminate all forms of violence against women, including sexual harassment in the workplace. The Committee hopes that this comprehensive Bill will be developed and adopted in the near future, in collaboration with the workers’ and employers’ organizations, and that it will expressly prohibit both quid pro quo and hostile working environment sexual harassment. It requests the Government to provide information on any progress made in this regard, and on the results of studies conducted to access the extent of sexual harassment in the workplace. The Committee also requests the Government to provide information on awareness-raising and training activities carried out on harassment and the remedies available, for the public, workers, employers and their organizations, as well as for law enforcement agents, labour inspectors and judges.
Discrimination on grounds of race, colour or national extraction. The Berber population. In its previous comments, the Committee requested the Government to provide information on the situation of members of minority groups, and particularly the Berber population, in the labour market. The Committee notes that the Government provides no information in this respect. It refers to its comments relating to the Indigenous and Tribal Populations Convention, 1957 (No. 107), in which it notes that the Berber population is located mainly in certain areas in the south of the country and that article 42 of the new Constitution guarantees the support of the State to “national culture in its rootedness and diversity”. The Committee therefore once again requests the Government to provide information on the measures taken, particularly in the context of the legislative reforms alongside the new Constitution, in order to ensure equality of opportunity and treatment of members of minority groups, in particular the Berber population, with regard to access for their children to education and access for men and women to employment and vocational training. The Government is also requested to provide updated information on the situation of minorities in the labour market.
Article 1(1)(b). Disability. In its previous comments, the Committee noted that Act No. 2005-83 of 15 August 2005 on the promotion and protection of persons with disabilities fixes a quota of 1 per cent of positions for persons with disabilities in the public service and in public and private enterprises usually employing over 100 workers (sections 29 and 30). The Committee notes with interest that article 48 of the new Constitution provides that “the State shall protect all persons with disabilities against all forms of discrimination” and that “all citizens with disabilities shall have the right, according to the nature of the disability, to receive all measures that ensure their full integration into society, and the State shall take all necessary measures to this end”. The Committee notes that, according to the Government, given the low number of enterprises employing over 100 workers, the Minister for Social Affairs has drawn up a draft revision of Act No. 2005-83 to reduce this threshold to 50 workers. It notes that the Government plans to implement activities to facilitate the occupational integration of persons with disabilities, and that a programme to promote their inclusion in schools and vocational training is being developed. The Committee requests the Government to provide updated information on the impact of positive action measures envisaged by the Act on the promotion and protection of persons with disabilities of 2005, specifying the number of workers with disabilities who have benefited from these measures in order to access employment in the public service or in public or private enterprises. The Committee requests the Government to continue providing information on the development of the draft revision of the above Act, and on the content and impact of activities carried out to facilitate access for persons with disabilities to education, vocational training and employment.
Article 2. Equality of access to vocational education, training and guidance in rural areas. The Committee notes the information provided by the Government concerning the training activities undertaken between 2014 and 2015 by 647 social education centres, the majority of the participants of which were women (77.1 per cent), except in rural areas where only 33.3 per cent of women participated in the activities. The Government indicates that the average literacy rate was 18.1 per cent in 2012, but rose to an average of 22.5 per cent among women, reaching 40.1 per cent among women in rural areas. With reference to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100), the Committee draws the Government’s attention to the alarmingly significant regional disparities, particularly between urban and rural areas, which persist with regard to access to education, vocational training and guidance, and employment, especially paid employment, and which primarily affect women in rural areas. The Committee requests the Government to continue providing information on measures taken to promote equality of access to vocational education, training and guidance in rural areas, and on the results achieved in terms of access to employment for men and women, particularly women’s rate of literacy.
Article 5. Workers with family responsibilities. The Committee recalls that under national legislation, although men can benefit under the same conditions as women from the part-time work scheme in the private sector (sections 94-2 to 94 12 of the Labour Code), this is not the case in the public sector where this special scheme applies exclusively to women (Act No. 2006-58 of 28 July 2006 introducing a special part-time work scheme in the public sector). Noting that the Government does not provide any information on this matter, the Committee recalls that, while measures to support workers with family responsibilities are essential for the promotion of gender equality in employment and occupation, where the law suggests that the primary responsibility for the care of the family falls to women or excludes men from certain rights and advantages, stereotyped roles for women and men in the family and society persist and are reinforced. It notes in this regard that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights emphasized that women remained disadvantaged in terms of access to work, as several provisions aim to promote reconciliation of work and family life by strengthening gender stereotypes and occupational segregation (E/C.12/TUN/CO/3 of 7 October 2016, paragraph 28). The Committee therefore requests the Government to provide information on the measures taken or envisaged to harmonize national legislation in order to ensure that any provisions concerning workers with family responsibilities are applicable both to men and women. The Government is also requested to provide information on the number of men and women workers, from the public and private sectors, who avail themselves of the possibility of part-time work.
Enforcment. The Committee notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights expressed concern about the working conditions in the textile industry and the lack of resources allocated to the labour inspectorate, and expressed surprise at the fact that the labour inspection mandate did not appear to cover the informal sector, in which, according to some estimates, 37 per cent of jobs at the national level are concentrated (E/C.12/TUN/CO/3 of 7 October 2016, paragraphs 30 and 34). The Committee therefore requests the Government to provide information on the measures taken or envisaged to build the capacities of the labour inspectorate to effectively promote and ensure equality in employment and occupation for all workers employed in all economic sectors, in both the formal and informal economy. The Government is requested to provide information on any progress in this regard. The Committee also requests the Government to provide information on the number and nature of acts of discrimination examined by the labour inspectorate and the courts, and to send copies of administrative or judicial decisions issued on this matter.

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

Articles 2 and 3 of the Convention. Equality of opportunity and treatment for men and women. For several years, the Committee has been requesting the Government to provide information on measures taken to promote real equality of opportunities between men and women in employment and occupation, particularly by combating segregation between men and women in the labour market and stereotypes concerning the capacities and aspirations of women. The Committee notes the Government’s indication once again in its report that section 5bis of the 1994 Labour Code generally prohibits discrimination on the basis of sex. The Committee also notes that the new Constitution, adopted on 26 January 2014, provides that the State undertakes to protect, support and improve women’s rights, and that it guarantees equal opportunity between men and women when taking on different responsibilities in all areas (article 46). While noting the Government’s indication that it is continuing its efforts to more effectively integrate women into economic life, the Committee notes that, despite the fact that school attendance rates in secondary and higher education are higher for girls than for boys, and that two-thirds of higher education graduates are girls (67 per cent in 2014), women’s participation in the economy remains particularly limited. The Committee notes that, according to statistics of the National Statistics Institute (INS), in the second quarter of 2016, while women represented 50.9 per cent of the working-age population, their already low rate of participation in the workforce further decreased between 2014 and 2016, falling from 28.6 per cent to 26 per cent. Women’s unemployment rate is nearly twice as high as men’s (23.5 per cent compared with 12.4 per cent for men). The Committee notes that the rate of unemployment is highest for women who have graduated from higher education (40.4 per cent compared with 19.4 per cent for men). With reference to its comments relating to the application of the Equal Remuneration Convention, 1951 (No. 100), the Committee notes that women are particularly concentrated in traditionally female-dominated areas of study, such as the arts, which offer few or no job prospects or lead them to occupy lower-paid jobs. The Committee also notes that only 6.5 per cent of heads of enterprises are women and that women are barely represented in positions of responsibility (30.8 per cent of senior positions). The Committee requests the Government to provide detailed information on the nature and impact of measures taken to promote secondary and higher education for girls and boys in non-traditional areas of study which offer real job prospects, and to combat gender stereotypes and occupational gender segregation with a view to promoting women’s participation in the labour market by enabling them to access a wider range of occupations, particularly occupations performed predominantly by men, and at senior and management levels. The Committee requests the Government to provide updated statistics on the situation of men and women in different economic activities, in both the private and public sector, specifying the proportion of men and women in management positions.
Discrimination on grounds other than sex. For many years, the Committee has been noting with regret the absence of information from the Government on measures taken to combat discrimination based on race, colour, national extraction, religion, political opinion and social origin in the context of a national policy of equality of opportunity and treatment, in accordance with the provisions of the Convention. In its previous comments, the Committee noted the adoption of the new Constitution, which, notably, provides for the equality of citizens before the law without discrimination (article 21) and provides that all citizens have the right to decent working conditions and fair pay (article 40). The Committee notes with concern that the Government’s report still does not contain any information on measures taken or envisaged with a view to expressly prohibiting all discrimination on grounds other than sex, set out in Article 1(1)(a) of the Convention. It is therefore bound to recall that the purpose of the Convention is to protect all persons against discrimination in the field of employment and occupation, on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. Noting that the new Constitution does not appear to afford protection against discrimination for the country’s citizens, the Committee draws the Government’s attention to the fact that the Convention applies to all workers, both nationals and non-nationals, in all sectors of activity, in the public and the private sectors, and in the formal and informal economy (see 2012 General Survey on the fundamental Conventions, paragraph 733). Given that the elimination of discrimination in employment and occupation requires the development and implementation of a national policy of equality of opportunity and treatment in multiple areas, the Committee urges the Government to provide detailed information on:
  • (i) measures taken or envisaged, in collaboration with the workers’ and employers’ organizations, to expressly prohibit all discrimination on the basis of race, colour, national extraction, religion, political opinion or social origin in law and practice;
  • (ii) awareness-raising and training activities conducted for workers and employers, and their organizations, as well as for labour inspectors and judges to ensure better knowledge and understanding of the provisions of the Convention and to thereby foster equality of opportunity and treatment in employment and occupation in practice; and
  • (iii) the number and nature of cases of discrimination examined by labour inspectors; and to send copies of any administrative or judicial decisions issued on this matter.
The Committee reminds the Government in this regard that it may avail itself of the technical assistance of the International Labour Office.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.
Repetition
Discrimination on grounds of sex. Sexual harassment. The Committee notes that the Government’s report does not contain any information concerning sexual harassment. In its previous comments, the Committee emphasized that the sensitive nature of the subject and the possible lack of awareness by victims of their rights may explain the absence of complaints or cases addressed by the labour inspection services and the courts. Recalling that in its previous report the Government referred to the existence of studies on sexual harassment, the Committee once again requests the Government to provide the conclusions of these studies and to indicate whether measures have been taken as a consequence. It once again encourages the Government to take the necessary measures, in collaboration with the social partners, to raise public awareness of the issue of sexual harassment at the workplace and the respective procedures, and to provide the competent authorities with specific training as a basis for identifying and addressing cases of sexual harassment in an adequate manner. It requests the Government to provide information on any measures adopted for this purpose.
Article 2 of the Convention. Equality of opportunity and treatment for men and women. The Committee notes that, according to the Government’s report on the Equal Remuneration Convention, 1951 (No. 100), there was practically no change in the activity rate of women between 2005 and 2009, and indeed it decreased very slightly from 25.6 per cent to 25.2 per cent. It also notes that in its concluding observations the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the low workforce participation rate of women (25.3 per cent in 2008), despite their high level of education, and the high rate of unemployment affecting women and the horizontal and vertical occupational segregation, including the concentration of women in low-skilled jobs with low pay and poor working conditions, and their low representation in top management positions. CEDAW also expressed concern at the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles, responsibilities and identities of women and men, and the persistence of discrimination with regard to personal status, for example, concerning inheritance (CEDAW/C/TUN/CO/6, 5 November 2010, paragraphs 24, 42 and 60). In the absence of information in the Government’s report on equality between men and women, the Committee requests the Government to provide information on the measures adopted to promote real equality of opportunities between men and women in employment and occupation, and particularly to combat segregation between men and women in the labour market and stereotypes concerning the capacities and vocational aspirations of women. The Committee also asks the Government to indicate the measures adopted to repeal discriminatory legislative provisions relating to personal status which are liable to constitute obstacles to the achievement of the objective of equality for men and women in employment and occupation, as set out in the Convention.
Equality of access to vocational education, training and guidance. The Committee notes the Government’s brief indications that clauses on adult education have been included in 22 sectoral collective agreements covering, among others, the wholesale, semi-wholesale and retail, construction and public works, private education, hotels, childcare and crèche sectors. The Committee requests the Government to continue providing information on the National Programme of Adult Education and on its results in terms of the access of women and men to employment and in relation to women’s literacy.
Race, colour and national extraction. The Berber population. The Committee notes that the Government’s report does not contain information in reply to its previous direct request regarding minority groups, and in particular the Berber population. The Committee once again requests the Government to provide information on the situation of members of minority groups, and particularly the Berber population, in the labour market, and on the forms of discrimination which may hinder their access to employment and occupation. For this purpose, the Committee once again encourages the Government to undertake appropriate studies on this subject.
Article 5. Persons with disabilities. The Committee notes that the Government refers to the Framework Act No. 2005-83 of 15 August 2005 on the promotion and protection of persons with disabilities. The Committee notes that the Act provides that 1 per cent of recruitment annually in the public service shall be reserved in priority for applicants with disabilities who fulfil the required conditions (section 29) and that at least 1 per cent of jobs in public and private enterprises usually employing over 100 workers shall be reserved for persons with disabilities (section 30). The Committee further notes that in its concluding observations the United Nations Committee on the Rights of Persons with Disabilities, while noting the efforts made to support the employment of persons with disabilities in the public service, expressed concern at the low level of inclusion of persons with disabilities in the private sector (CRPD/C/TUN/CO/1, 13 May 2011, paragraph 33). The Committee requests the Government to provide information on the application in practice of sections 29 and 30 of Act No. 2005-83 of 15 August 2005 on the promotion and protection of persons with disabilities, and to indicate whether plans and policies to promote the employment of persons with disabilities have been adopted or are envisaged, in accordance with section 26 of the Act, particularly with a view to increasing the vocational training opportunities of persons with disabilities.
Reconciling work and family responsibilities. The Committee notes that the Government’s report does not contain information on this point and recalls its previous comments concerning the adoption of Act No. 2006-58 introducing a special part-time work scheme in the public sector. In this respect, the Committee noted that the application of this scheme solely to women could reinforce stereotypical attitudes with regard to the traditional roles of men and women in society. The Committee notes the Government’s indication in its previous report that in the private sector men can benefit under the same conditions from the part-time work scheme instituted by Act No. 96-62 of 15 July 1996 (sections 94-2 to 94-12 of the Labour Code). The Committee once again requests the Government to indicate the reasons for the difference in the part-time work schemes envisaged for the public and the private sectors. It requests the Government to consider aligning the two schemes so as to ensure that both women and men are able to reconcile work and family responsibilities more effectively. Please also provide information on the effect given to section 94-10 of the Labour Code, including the number of men and women who have availed themselves of the possibility of working part time for reasons provided in the section including pregnancy, the need to care for a child or a disabled or sick family member.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the adoption, on 26 January 2014, of the new Constitution which entrenches the equality of citizens before the law without discrimination (article 21) and provides that all citizens have the right to decent working conditions and fair pay (article 40). The Constitution also provides that the State undertakes to protect, support and improve women’s rights, guarantees equal opportunity between men and women when taking on different responsibilities in all areas and takes the necessary measures in order to eliminate violence against women (article 46).
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.
Articles 2 and 3 of the Convention. National policy relating to discrimination on grounds other than sex. The Committee notes with regret that the Government has once again failed to provide any details on the measures adopted to combat discrimination on grounds of race, colour, national extraction, religion, political opinion and social origin in the context of a national policy of equality of opportunity and treatment. The Committee notes that the Government reiterates its indication that under article 6 of the Constitution all Tunisians have the same rights and the same duties and are equal before the law. It also notes the Government’s indication that the competent services of the Ministry of Employment and the Vocational Integration of Youth have not reported any case of discrimination based on race, colour, religion, political opinion, national extraction or social origin in relation to employment and occupation, and that no complaints have been registered by the administrative services or the courts.
The Committee once again reminds the Government that constitutional provisions providing for equal protection under law are not sufficient in themselves to ensure the full application of the Convention. Similarly, the fact that the authorities have not received any complaints does not mean that there is no discrimination in the country. The Committee considers that this may on the other hand indicate that the victims either have an inadequate knowledge of the relevant legal provisions and dispute resolution procedures available, or fear possible reprisals by the employer. The Committee also wishes to emphasize once again that Article 2 of the Convention requires the Government to declare and pursue a national policy designed to promote equality of opportunity and treatment with a view to eliminating any discrimination in employment and occupation on the basis of the criteria set out in the Convention. The Committee requests the Government to:
  • (i) consider in the context of a national policy of equality of opportunity and treatment adopting legislation explicitly prohibiting discrimination based on race, colour, national extraction, religion, political opinion or social origin, and to take concrete measures to eliminate such discrimination in practice;
  • (ii) take measures to raise awareness in the public and among the social partners of the principles set out in the Convention and the legal provisions relating to equality of opportunity and treatment in employment and occupation;
  • (iii) take measures, for example in the form of studies, to evaluate the effectiveness of dispute resolution procedures, including any difficulties of a practical nature encountered by men or women workers in obtaining legal redress for discrimination based on any of the grounds set out in the Convention.
The Committee recalls that it raised other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Discrimination on grounds of sex. Sexual harassment. The Committee notes that the Government’s report does not contain any information concerning sexual harassment. In its previous comments, the Committee emphasized that the sensitive nature of the subject and the possible lack of awareness by victims of their rights may explain the absence of complaints or cases addressed by the labour inspection services and the courts. Recalling that in its previous report the Government referred to the existence of studies on sexual harassment, the Committee once again requests the Government to provide the conclusions of these studies and to indicate whether measures have been taken as a consequence. It once again encourages the Government to take the necessary measures, in collaboration with the social partners, to raise public awareness of the issue of sexual harassment at the workplace and the respective procedures, and to provide the competent authorities with specific training as a basis for identifying and addressing cases of sexual harassment in an adequate manner. It requests the Government to provide information on any measures adopted for this purpose.
Article 2 of the Convention. Equality of opportunity and treatment for men and women. The Committee notes that, according to the Government’s report on the Equal Remuneration Convention, 1951 (No. 100), there was practically no change in the activity rate of women between 2005 and 2009, and indeed it decreased very slightly from 25.6 per cent to 25.2 per cent. It also notes that in its concluding observations the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the low workforce participation rate of women (25.3 per cent in 2008), despite their high level of education, and the high rate of unemployment affecting women and the horizontal and vertical occupational segregation, including the concentration of women in low-skilled jobs with low pay and poor working conditions, and their low representation in top management positions. CEDAW also expressed concern at the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles, responsibilities and identities of women and men, and the persistence of discrimination with regard to personal status, for example, concerning inheritance (CEDAW/C/TUN/CO/6, 5 November 2010, paragraphs 24, 42 and 60). In the absence of information in the Government’s report on equality between men and women, the Committee requests the Government to provide information on the measures adopted to promote real equality of opportunities between men and women in employment and occupation, and particularly to combat segregation between men and women in the labour market and stereotypes concerning the capacities and vocational aspirations of women. The Committee also asks the Government to indicate the measures adopted to repeal discriminatory legislative provisions relating to personal status which are liable to constitute obstacles to the achievement of the objective of equality for men and women in employment and occupation, as set out in the Convention.
Equality of access to vocational education, training and guidance. The Committee notes the Government’s brief indications that clauses on adult education have been included in 22 sectoral collective agreements covering, among others, the wholesale, semi-wholesale and retail, construction and public works, private education, hotels, childcare and crèche sectors. The Committee requests the Government to continue providing information on the National Programme of Adult Education and on its results in terms of the access of women and men to employment and in relation to women’s literacy.
Race, colour and national extraction. The Berber population. The Committee notes that the Government’s report does not contain information in reply to its previous direct request regarding minority groups, and in particular the Berber population, and that it refers to its report on the application of the Indigenous and Tribal Populations Convention, 1957 (No. 107), in which it indicates that there is no racial discrimination in Tunisia. The Committee once again requests the Government to provide information on the situation of members of minority groups, and particularly the Berber population, in the labour market, and on the forms of discrimination which may hinder their access to employment and occupation. For this purpose, the Committee once again encourages the Government to undertake appropriate studies on this subject.
Article 5. Persons with disabilities. The Committee notes that the Government refers to the Framework Act No. 2005-83 of 15 August 2005 on the promotion and protection of persons with disabilities. The Committee notes that the Act provides that 1 per cent of recruitment annually in the public service shall be reserved in priority for applicants with disabilities who fulfil the required conditions (section 29) and that at least 1 per cent of jobs in public and private enterprises usually employing over 100 workers shall be reserved for persons with disabilities (section 30). The Committee further notes that in its concluding observations the United Nations Committee on the Rights of Persons with Disabilities, while noting the efforts made to support the employment of persons with disabilities in the public service, expressed concern at the low level of inclusion of persons with disabilities in the private sector (CRPD/C/TUN/CO/1, 13 May 2011, paragraph 33). The Committee requests the Government to provide information on the application in practice of sections 29 and 30 of Act No. 2005-83 of 15 August 2005 on the promotion and protection of persons with disabilities, and to indicate whether plans and policies to promote the employment of persons with disabilities have been adopted or are envisaged, in accordance with section 26 of the Act, particularly with a view to increasing the vocational training opportunities of persons with disabilities.
Reconciling work and family responsibilities. The Committee notes that the Government’s report does not contain information on this point and recalls its previous comments concerning the adoption of Act No. 2006-58 introducing a special part-time work scheme in the public sector. In this respect, the Committee noted that the application of this scheme solely to women could reinforce stereotypical attitudes with regard to the traditional roles of men and women in society. The Committee notes the Government’s indication in its previous report that in the private sector men can benefit under the same conditions from the part-time work scheme instituted by Act No. 96-62 of 15 July 1996 (sections 94-2 to 94-12 of the Labour Code). The Committee once again requests the Government to indicate the reasons for the difference in the part-time work schemes envisaged for the public and the private sectors. It requests the Government to consider aligning the two schemes so as to ensure that both women and men are able to reconcile work and family responsibilities more effectively. Please also provide information on the effect given to section 94-10 of the Labour Code, including the number of men and women who have availed themselves of the possibility of working part time for reasons provided in the section including pregnancy, the need to care for a child or a disabled or sick family member.

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

The Committee notes that a constituent assembly was elected on 23 October 2011. In this context, the Committee hopes that, in the process of legislative reform that would be expected to accompany the adoption of the new Constitution, the matters on which it has been commenting for many years will be taken into account so as to ensure the full conformity of the legislation with the Convention. Noting that the Government’s report does not contain information in reply to its previous observation, the Committee recalls that it read as follows:
Repetition
Articles 2 and 3 of the Convention. National policy relating to discrimination on grounds other than sex. The Committee notes with regret that the Government has once again failed to provide any details on the measures adopted to combat discrimination on grounds of race, colour, national extraction, religion, political opinion and social origin in the context of a national policy of equality of opportunity and treatment. The Committee notes that the Government reiterates its indication that under article 6 of the Constitution all Tunisians have the same rights and the same duties and are equal before the law. It also notes the Government’s indication that the competent services of the Ministry of Employment and the Vocational Integration of Youth have not reported any case of discrimination based on race, colour, religion, political opinion, national extraction or social origin in relation to employment and occupation, and that no complaints have been registered by the administrative services or the courts.
The Committee once again reminds the Government that constitutional provisions providing for equal protection under law are not sufficient in themselves to ensure the full application of the Convention. Similarly, the fact that the authorities have not received any complaints does not mean that there is no discrimination in the country. The Committee considers that this may on the other hand indicate that the victims either have an inadequate knowledge of the relevant legal provisions and dispute resolution procedures available, or fear possible reprisals by the employer. The Committee also wishes to emphasize once again that Article 2 of the Convention requires the Government to declare and pursue a national policy designed to promote equality of opportunity and treatment with a view to eliminating any discrimination in employment and occupation on the basis of the criteria set out in the Convention. The Committee requests the Government to:
  • (i) consider in the context of a national policy of equality of opportunity and treatment adopting legislation explicitly prohibiting discrimination based on race, colour, national extraction, religion, political opinion or social origin, and to take concrete measures to eliminate such discrimination in practice;
  • (ii) take measures to raise awareness in the public and among the social partners of the principles set out in the Convention and the legal provisions relating to equality of opportunity and treatment in employment and occupation;
  • (iii) take measures, for example in the form of studies, to evaluate the effectiveness of dispute resolution procedures, including any difficulties of a practical nature encountered by men or women workers in obtaining legal redress for discrimination based on any of the grounds set out in the Convention.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret 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, which read as follows:

Article 1 of the Convention. Sexual harassment. With regard to the effect given in practice to section 226ter of the Penal Code prohibiting sexual harassment, the Committee notes the Government’s indication that no court rulings have been handed down on this subject and that no violations have been identified by the labour inspectorate. Emphasizing the sensitive nature of the subject, the Committee wishes to draw the Government’s attention to the fact that in practice victims may be reticent to report cases of sexual harassment. It may also be the case that the level of awareness is not sufficient among the authorities and victims themselves. The Committee further notes the Government’s indication that the issue of sexual harassment has been covered by a number of studies. The Committee requests the Government to provide information on the content of the studies referred to and their conclusions. It also encourages the Government to take the necessary measures to raise public awareness on the issue of sexual harassment at the workplace and to provide the competent authorities with specific information on the basis of which they can identify and address cases of sexual harassment in an adequate manner. The Committee also reiterates its request for information on any collaborative initiative with the social partners on the subject.

Article 2. Equality of opportunity and treatment for men and women. With reference to its previous comments concerning the number of women benefitting from employment promotion programmes, the Committee notes from the Government’s report that in 2007 women represented 69 per cent of the beneficiaries of the programme for initiation into working life SIVP I (an initiation course into working life), intended for young persons who have completed basic education, 56 per cent of the beneficiaries of the programme SIVP II, targeting higher education graduates, and 46 per cent of the beneficiaries of employment-training contracts (CEF). The Committee also notes that women represented 56 per cent of the persons who found employment in the enterprise providing work experience and 42 per cent of employees placed directly in employment by the National Agency for Employment and Self-employment. With regard to the distribution of women and men on the labour market, the Committee notes the statistical data for 2005 provided by the Government showing a concentration of women in the services sector (45 per cent of women in active employment work in the sector), the industrial sector (34 per cent) and agriculture (21 per cent). The Committee also notes from the latest report submitted by the Government to the Committee on the Elimination of Racial Discrimination that in 2004 women held only 4.8 per cent of managing director posts and 8.1 per cent of public service Director-General posts (CERD/C/TUN/19, paragraph 54). The Committee requests the Government to continue providing information on the impact of the various employment promotion programmes, including information on the number of men and women benefiting from these programmes, the type of training and vocational experience provided and the types of enterprise offering work experience. Please also provide updated statistics on the distribution of women and men in the various economic sectors, occupations and jobs, and indicate the measures adopted or envisaged to address the issue of gender segregation in the labour market.

Vocational education, training and guidance. The Committee notes the information provided by the Government on the subject of vocational training. It notes, in particular, that the data on training diplomas awarded by the Ministry of Education and Training (ATFP) show that women participated in particular in training relating to services (in 2006, women represented 91 per cent of participants) and textiles/clothing (85 per cent). The Committee also notes that since 2002 there has been an increase in the participation of women in vocational training related to the handicraft sector (rising from 13 per cent in 2002 to 42 per cent in 2006). However, the Committee notes that the Government recognizes a certain resistance to change in this field by girls and their parents, who give priority to areas that are supposed to be more “suitable for girls”. With regard to the National Programme of Teaching for Adults (PNEA), the Committee notes from the Government’s report concerning the Equal Remuneration Convention, 1951 (No. 100), that provisions respecting adult education for workers have been included in sectoral collective agreements requiring employers to grant illiterate workers the necessary time to follow adult education courses. The Committee further notes that employers with over 15 illiterate workers have to ensure that an appropriate space is reserved for teaching. The Committee requests the Government to provide detailed information on the measures adopted or envisaged to combat stereotype attitudes which limit the participation of women to traditional training courses and, at the same time, to promote the access of women to a broader range of training opportunities, and on the impact of these measures. The Committee also requests the Government to continue providing information on the implementation of the PNEA and the results achieved in terms of women’s literacy, and to provide examples of the implementation of clauses on adult education included in collective agreements.

Reconciling work and family responsibilities. The Committee recalls its previous comments concerning the adoption of Act No. 2006-58 introducing a special part-time work scheme in the public sector. In this respect, the Committee pointed out that restricting the scope of this part-time scheme to women could reinforce stereotypical attitudes with regard to the traditional roles of men and women in society. The Committee notes the Government’s indication that in the private sector men can benefit under the same conditions from the part-time work scheme instituted by Act No. 96-62 of 15 July 1996 (sections 94-2 to 94-12 of the Labour Code). The Committee requests the Government to clarify the reasons for the difference in the part-time work schemes envisaged for the public and the private sectors. It asks the Government to consider aligning the two schemes so as to ensure that both women and men are able to reconcile work and family responsibilities more effectively. Please also provide information on the effect given to section 94-10 of the Labour Code, including the number of men and women who have availed themselves of the possibility of working part time for reasons of pregnancy or the need to care for a child or a disabled or sick family member, as envisaged in this section.

Race, colour and national extraction. The Berber population. Further to its observation, the Committee notes that, according to the Government, the issue of discrimination against minority groups does not arise in Tunisia. Nevertheless, the Committee understands that Berber groups mainly live in the southern regions of the country, which are economically poor. In this respect, it notes the initiatives taken in the context of national solidarity funds to promote the least privileged regions. The Committee once again requests the Government to provide information on the situation of the members of minority groups, and particularly the Berber population, on the labour market and on the forms of discrimination which may hinder their access to employment and occupation. For this purpose, the Committee encourages the Government to undertake appropriate studies.

Article 5. Persons with disabilities. Noting that Act No. 93-10 of 17 February 1993 issuing the Framework Act respecting vocational training provides in section 4 that special measures shall be taken for the training of persons with disabilities, the Committee requests the Government to provide information on the effect given to this provision and on any other measure adopted or envisaged to promote the principle of equality of opportunity and treatment in respect of persons with disabilities.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 2 and 3 of the Convention. National policy relating to discrimination on grounds other than sex. The Committee notes with regret that the Government has once again failed to provide any details on the measures adopted to combat discrimination on grounds of race, colour, national extraction, religion, political opinion and social origin in the context of a national policy of equality of opportunity and treatment. The Committee notes that the Government reiterates its indication that under article 6 of the Constitution all Tunisians have the same rights and the same duties and are equal before the law. It also notes the Government’s indication that the competent services of the Ministry of Employment and the Vocational Integration of Youth have not reported any case of discrimination based on race, colour, religion, political opinion, national extraction or social origin in relation to employment and occupation, and that no complaints have been registered by the administrative services or the courts.

The Committee once again reminds the Government that constitutional provisions providing for equal protection under law are not sufficient in themselves to ensure the full application of the Convention. Similarly, the fact that the authorities have not received any complaints does not mean that there is no discrimination in the country. The Committee considers that this may on the other hand indicate that the victims either have an inadequate knowledge of the relevant legal provisions and dispute resolution procedures available, or fear possible reprisals by the employer. The Committee also wishes to emphasize once again that Article 2 of the Convention requires the Government to declare and pursue a national policy designed to promote equality of opportunity and treatment with a view to eliminating any discrimination in employment and occupation on the basis of the criteria set out in the Convention. The Committee requests the Government to:

(i)    consider in the context of a national policy of equality of opportunity and treatment adopting legislation explicitly prohibiting discrimination based on race, colour, national extraction, religion, political opinion or social origin, and to take concrete measures to eliminate such discrimination in practice;

(ii)   take measures to raise awareness in the public and among the social partners of the principles set out in the Convention and the legal provisions relating to equality of opportunity and treatment in employment and occupation;

(iii)  take measures, for example in the form of studies, to evaluate the effectiveness of dispute resolution procedures, including any difficulties of a practical nature encountered by men or women workers in obtaining legal redress for discrimination based on any of the grounds set out in the Convention.

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

The Committee hopes that the Government will make every effort to taken the necessary action in the near future.

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

Article 1 of the Convention. Sexual harassment. With regard to the effect given in practice to section 226ter of the Penal Code prohibiting sexual harassment, the Committee notes the Government’s indication that no court rulings have been handed down on this subject and that no violations have been identified by the labour inspectorate. Emphasizing the sensitive nature of the subject, the Committee wishes to draw the Government’s attention to the fact that in practice victims may be reticent to report cases of sexual harassment. It may also be the case that the level of awareness is not sufficient among the authorities and victims themselves. The Committee further notes the Government’s indication that the issue of sexual harassment has been covered by a number of studies. The Committee requests the Government to provide information on the content of the studies referred to and their conclusions. It also encourages the Government to take the necessary measures to raise public awareness on the issue of sexual harassment at the workplace and to provide the competent authorities with specific information on the basis of which they can identify and address cases of sexual harassment in an adequate manner. The Committee also reiterates its request for information on any collaborative initiative with the social partners on the subject.

Article 2. Equality of opportunity and treatment for men and women. With reference to its previous comments concerning the number of women benefitting from employment promotion programmes, the Committee notes from the Government’s report that in 2007 women represented 69 per cent of the beneficiaries of the programme for initiation into working life SIVP I (an initiation course into working life), intended for young persons who have completed basic education, 56 per cent of the beneficiaries of the programme SIVP II, targeting higher education graduates, and 46 per cent of the beneficiaries of employment-training contracts (CEF). The Committee also notes that women represented 56 per cent of the persons who found employment in the enterprise providing work experience and 42 per cent of employees placed directly in employment by the National Agency for Employment and Self-employment. With regard to the distribution of women and men on the labour market, the Committee notes the statistical data for 2005 provided by the Government showing a concentration of women in the services sector (45 per cent of women in active employment work in the sector), the industrial sector (34 per cent) and agriculture (21 per cent). The Committee also notes from the latest report submitted by the Government to the Committee on the Elimination of Racial Discrimination that in 2004 women held only 4.8 per cent of managing director posts and 8.1 per cent of public service Director-General posts (CERD/C/TUN/19, paragraph 54). The Committee requests the Government to continue providing information on the impact of the various employment promotion programmes, including information on the number of men and women benefiting from these programmes, the type of training and vocational experience provided and the types of enterprise offering work experience. Please also provide updated statistics on the distribution of women and men in the various economic sectors, occupations and jobs, and indicate the measures adopted or envisaged to address the issue of gender segregation in the labour market.

Vocational education, training and guidance. The Committee notes the information provided by the Government on the subject of vocational training. It notes, in particular, that the data on training diplomas awarded by the Ministry of Education and Training (ATFP) show that women participated in particular in training relating to services (in 2006, women represented 91 per cent of participants) and textiles/clothing (85 per cent). The Committee also notes that since 2002 there has been an increase in the participation of women in vocational training related to the handicraft sector (rising from 13 per cent in 2002 to 42 per cent in 2006). However, the Committee notes that the Government recognizes a certain resistance to change in this field by girls and their parents, who give priority to areas that are supposed to be more “suitable for girls”. With regard to the National Programme of Teaching for Adults (PNEA), the Committee notes from the Government’s report concerning the Equal Remuneration Convention, 1951 (No. 100), that provisions respecting adult education for workers have been included in sectoral collective agreements requiring employers to grant illiterate workers the necessary time to follow adult education courses. The Committee further notes that employers with over 15 illiterate workers have to ensure that an appropriate space is reserved for teaching. The Committee requests the Government to provide detailed information on the measures adopted or envisaged to combat stereotype attitudes which limit the participation of women to traditional training courses and, at the same time, to promote the access of women to a broader range of training opportunities, and on the impact of these measures. The Committee also requests the Government to continue providing information on the implementation of the PNEA and the results achieved in terms of women’s literacy, and to provide examples of the implementation of clauses on adult education included in collective agreements.

Reconciling work and family responsibilities. The Committee recalls its previous comments concerning the adoption of Act No. 2006-58 introducing a special part-time work scheme in the public sector. In this respect, the Committee pointed out that restricting the scope of this part-time scheme to women could reinforce stereotypical attitudes with regard to the traditional roles of men and women in society. The Committee notes the Government’s indication that in the private sector men can benefit under the same conditions from the part-time work scheme instituted by Act No. 96-62 of 15 July 1996 (sections 94-2 to 94-12 of the Labour Code). The Committee requests the Government to clarify the reasons for the difference in the part-time work schemes envisaged for the public and the private sectors. It asks the Government to consider aligning the two schemes so as to ensure that both women and men are able to reconcile work and family responsibilities more effectively. Please also provide information on the effect given to section 94-10 of the Labour Code, including the number of men and women who have availed themselves of the possibility of working part time for reasons of pregnancy or the need to care for a child or a disabled or sick family member, as envisaged in this section.

Race, colour and national extraction. The Berber population. Further to its observation, the Committee notes that, according to the Government, the issue of discrimination against minority groups does not arise in Tunisia. Nevertheless, the Committee understands that Berber groups mainly live in the southern regions of the country, which are economically poor. In this respect, it notes the initiatives taken in the context of national solidarity funds to promote the least privileged regions. The Committee once again requests the Government to provide information on the situation of the members of minority groups, and particularly the Berber population, on the labour market and on the forms of discrimination which may hinder their access to employment and occupation. For this purpose, the Committee encourages the Government to undertake appropriate studies.

Article 5. Persons with disabilities. Noting that Act No. 93-10 of 17 February 1993 issuing the Framework Act respecting vocational training provides in section 4 that special measures shall be taken for the training of persons with disabilities, the Committee requests the Government to provide information on the effect given to this provision and on any other measure adopted or envisaged to promote the principle of equality of opportunity and treatment in respect of persons with disabilities.

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

Articles 2 and 3 of the Convention. National policy relating to discrimination on grounds other than sex. The Committee notes with regret that the Government has once again failed to provide any details on the measures adopted to combat discrimination on grounds of race, colour, national extraction, religion, political opinion and social origin in the context of a national policy of equality of opportunity and treatment. The Committee notes that the Government reiterates its indication that under article 6 of the Constitution all Tunisians have the same rights and the same duties and are equal before the law. It also notes the Government’s indication that the competent services of the Ministry of Employment and the Vocational Integration of Youth have not reported any case of discrimination based on race, colour, religion, political opinion, national extraction or social origin in relation to employment and occupation, and that no complaints have been registered by the administrative services or the courts.

The Committee once again reminds the Government that constitutional provisions providing for equal protection under law are not sufficient in themselves to ensure the full application of the Convention. Similarly, the fact that the authorities have not received any complaints does not mean that there is no discrimination in the country. The Committee considers that this may on the other hand indicate that the victims either have an inadequate knowledge of the relevant legal provisions and dispute resolution procedures available, or fear possible reprisals by the employer. The Committee also wishes to emphasize once again that Article 2 of the Convention requires the Government to declare and pursue a national policy designed to promote equality of opportunity and treatment with a view to eliminating any discrimination in employment and occupation on the basis of the criteria set out in the Convention. The Committee requests the Government to:

(i)    consider in the context of a national policy of equality of opportunity and treatment adopting legislation explicitly prohibiting discrimination based on race, colour, national extraction, religion, political opinion or social origin, and to take concrete measures to eliminate such discrimination in practice;

(ii)   take measures to raise awareness in the public and among the social partners of the principles set out in the Convention and the legal provisions relating to equality of opportunity and treatment in employment and occupation;

(iii) take measures, for example in the form of studies, to evaluate the effectiveness of dispute resolution procedures, including any difficulties of a practical nature encountered by men or women workers in obtaining legal redress for discrimination based on any of the grounds set out in the Convention.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. With regard to the promotion of equality between men and women, the Committee notes the Government’s reference to its recent report on the Employment Policy Convention, 1964 (No. 122). It notes from that report that in 2005, more women than men benefited from the programmes for initiation into professional life (SIVP I and II) as well as the employment training contracts (CEF). Similarly, the number of women who benefited from the professional insertion and adjustment fund (FICAP) in 2005 exceeded the number of men. In comparison, however, only 39 per cent of the beneficiaries of the national employment fund in that year were women, along with only 32 per cent of those who received micro-enterprise financing from the Solidarity Bank of Tunisia. The Committee invites the Government in its next report to continue to provide information on the participation of women in these and similar programmes to promote equality of opportunity and treatment in employment and occupation, and to include details on the number of women who secured work as a result of the above initiatives. Please also provide statistical information, disaggregated by sex, on labour market participation by occupation and sector as well as by position of authority.

2. Reconciling work and family responsibilities. The Committee notes the adoption of Act No. 2006-58 of 28 July 2006 introducing a special regime of part-time work in the public sector. According to the Government’s report, this initiative will enable working mothers to reconcile their work and family responsibilities while preserving two-thirds of their salary in addition to entitlements to advancement, promotion, vacation and social benefits. The Committee notes that these part-time workers may ask to have their full-time status restored, but that the Government does not indicate whether the return to full-time work is guaranteed by the new law. While welcoming the Government’s efforts to provide workers in the public sector with greater flexibility in order to balance their work and family responsibilities, the Committee points out that restricting the scope of this part-time regime to women may reinforce stereotypical attitudes with regard to the societal roles of men and women. Rather, the Government might consider extending the advantages currently afforded to women workers to raise or care for children to men as well. Such a development would enable women to be more competitive on the labour market, since women workers would not be seen by employers as more costly than men. The Committee, therefore, asks the Government to indicate whether it intends to extend these same part-time measures to men working in the public sector. Please also indicate what measures are in place or are  under consideration to secure similar advantages for male and female workers in the private sector. The Committee also again requests information on the follow-up to the proposals of the Commission on Equal Opportunity with regard to promoting women’s participation in the labour market and enabling them to reconcile more effectively their family and professional responsibilities.

3. Sexual harassment. The Committee notes the Government’s clarification that article 226ter of the Penal Code dealing with the prohibition of sexual harassment is applicable to every sphere where a person may be the victim of such treatment, including in the work environment. It notes, however, that no judicial decision to date has been rendered on the application of article 226ter in cases of sexual harassment at work. The Committee asks the Government to provide additional information in its next report on the labour inspection activities, educational and awareness-raising measures as well as cooperative initiatives with workers’ and employers’ organizations undertaken to address sexual harassment in employment and occupation.

4. Article 3(e). Equal access of women to education, vocational training and guidance. The Committee welcomes the statistics provided along with the Government’s report, particularly those showing the positive trend towards higher enrolment and lower drop-out rates among the female student population. With respect to the Government’s efforts to improve literacy, the Committee notes the results achieved under the National Adult Education Programme (NAEP) over the past five years, especially with regard to the promotion of education and literacy for women. Recalling the targets identified by the Government in its previous report, the Committee notes that the NAEP figures show a female literacy rate of 79 per cent – 1 per cent higher than the target set for 2006. Noting that the NAEP continues to give policy priority to the female population, the Committee encourages the Government to provide ongoing information on the results achieved in terms of female literacy and participation rates in education, both in urban and rural areas. Also, recalling its previous comment that training for girls continues to focus on traditionally female sectors, the Committee asks the Government to indicate how it plans to broaden the range of educational and training opportunities for girls and women to provide them with greater job opportunities and career choices. The Committee further asks the Government to provide information on the measures taken to encourage women to choose from a wider variety of vocational training courses, including those traditionally confined to men, and to provide statistics, disaggregated by sex, on the participation of men and women in the various vocational training courses offered.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Discrimination on grounds other than sex. The Committee notes with regret that, once again, the Government’s report does not contain information on any measures adopted to promote equality of opportunity and treatment on the basis of criteria other than sex. For several years, the Committee has been noting that the Convention requires the Government to declare and pursue a national policy designed to promote equality of opportunity and treatment with a view to eliminating any discrimination in employment on the basis not only of sex, but also the other grounds enumerated in Article 1(1)(a) of the Convention, namely race, colour, religion, political opinion, national extraction and social origin. The Committee also observes that the existence of legislation that makes no distinction based on these various grounds is not sufficient in itself to ensure the full application of the Convention. Recalling in particular its previous comment with respect to the absence of data on the ethnic composition of Tunisian society, the Committee urges the Government to include in its next report detailed information on the situation of minority groups in relation to employment and occupation, especially for the Berber (or Amazigh) population. Please also provide information on the practical measures taken or envisaged to prohibit discrimination on the grounds of race, colour, religion, political opinion, national extraction and social origin in employment and occupation in accordance with the Convention.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Sexual harassment

1. The Committee notes Act No. 2004-73 of 2 August 2004 amending and supplementing the Penal Code with regard to the repression of offences against morality and sexual harassment. It notes that new section 226 ter of the Penal Code establishes a penalty for sexual harassment of one year of imprisonment and a fine of 3,000 dinars, and defines sexual harassment as "any persistence which embarrasses another person through the repetition of acts, words or gestures likely to prejudice that person’s dignity or offend her or his decency and with the aim of causing the said person to submit to the sexual desires of the author of the acts, words or gestures or the desires of a third party, or exerting upon the said person pressure such as to weaken her or his will to resist such approaches". The Committee requests the Government to indicate in future reports any court decision applying this section in cases of sexual harassment at work.

2. In view of the very general nature of the definition of sexual harassment and the absence of any specific reference to the working environment in section 226 ter of the Penal Code, the Committee requests the Government to indicate whether legal texts and/or measures of a practical nature specifically intended to prevent and punish sexual harassment in the working environment, and relating to the various matters referred to in the general observation made by the Committee in 2002, have been adopted or are envisaged.

Promotion of equality between men and women

3. The Committee notes the progress achieved in recent years in reducing the illiteracy rate of women, raising the school enrolment rate of girls and reducing their early school drop-out rate. Noting that the Government’s objective is to reduce the illiteracy rate in 2006 to 16 per cent of the population as a whole and 22 per cent of women, with the total eradication of illiteracy among young persons under 30 years of age, it hopes that the next report will indicate the results achieved.

4. The Committee notes the progress achieved in recent years with regard to the situation of women on the labour market. According to the data provided in the report, the proportion of active women has increased from 22.9 per cent in 1994 to nearly 27 per cent at the present time; the unemployment rate of women fell over the same period; and women are participating in ever greater numbers in vocational training programmes, employment promotion and enterprise creation, and are making use of the services of the National Employment Agency. The Committee requests the Government to continue providing information on policies and programmes to promote equality between men and women in employment, the difficulties encountered and the results achieved.

5. The Committee notes that training for girls continues to be focused on traditionally female sectors, such as services, paramedical activities, textiles and clothing and the tertiary sector. The Committee asks the Government to continue its efforts to encourage and enable girls and women to turn to training and employment in sectors that are not traditionally female and are better able to offer them attractive conditions with regard to remuneration and career prospects, and particularly new, more highly qualified and specialized occupations based on new technologies.

6. In its previous direct request, the Committee asked for information on the follow-up to the proposals of the Commission on Equality of Opportunity established in 1997 within the Ministry of Women and Family Affairs with a view to promoting women’s participation in the labour market and enabling them to reconcile more effectively their family and professional responsibilities. In the absence of such information in the last report, the Committee hopes that the next report will indicate the measures adopted or envisaged to enable women and men to reconcile their family and professional responsibilities more effectively.

Equality of opportunity and treatment with respect to other grounds

7. For several years the Committee has been noting that the Convention requires the Government to declare and pursue a national policy designed to promote equality of opportunity and treatment with a view to eliminating any discrimination in employment on the basis not only of sex, but also the other grounds enumerated in Article 1(1)(a) of the Convention, namely race, colour, religion, political opinion, national extraction or social origin. The Committee also observes that the existence of legislation which makes no distinction based on these various grounds is not sufficient in itself to ensure the full application of the Convention.

8. The Committee notes that the Government’s last report still does not contain information on any measures adopted to promote equality of opportunity and treatment on the basis of criteria other than sex. The Committee notes in this respect that, in its concluding observations in 2003, the Committee on the Elimination of Racial Discrimination (CERD) noted the absence of statistical data in the Government’s reports on the ethnic composition of Tunisian society, and particularly on the Berber (or Amazigh) population and recommended that increased attention be given to the situation of Berbers as a specific component of the Tunisian population. The Committee trusts that the next report will contain detailed information on the situation of minority groups of the population, and particularly the Berber (or Amazigh) in relation to employment and occupation, and on the measures taken to ensure that these groups are not discriminated against and that they enjoy equality of opportunity and treatment with the majority of the population.

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

The Committee notes the information contained in the Government’s report. It requests the Government to provide further information in its next report on the following points.

1. The Committee notes the establishment in 1997 of the "Commission on Equality of Opportunity" within the Ministry of Women and Family Affairs. It also notes that the Commission produced a study on women’s participation in employment with recommendations for action in order to enhance and promote women’s participation in the labour market. The Committee asks the Government to supply a copy of the study and information on the follow-up undertaken by the Government to such recommendations. Please also supply information on the mandate, powers and activities of this new Commission.

2. The Committee notes that the promotion of women’s participation in employment and training has been mainstreamed in the Tenth Economic and Social Development Plan (1997-2001) prepared in cooperation with the newly established Commission for Women and Development. The five-year Plan aims at the promotion of equality of opportunity and treatment in employment and occupation for women, following the implementation of a strategy for the promotion of women based essentially on the strengthening of the role of women in productive activities. The Committee asks the Government to supply information on the outcomes of this Plan and to indicate whether this strategy has been extended in the next five-year Plan.

3. The Committee notes the measures taken to enhance women’s participation in employment, in particular that 55 per cent of the beneficiaries of the Fund FIAP (that provides training and opportunities for re-orientation) and the programme SIVP2 (that promotes employment for young persons) are women. It also notes the micro-credit opportunities within the Tunisia Bank of Solidarity and the National Agricultural Bank and the Tunisian Agency for Employment. However, it also notes the slight increase in women’s employment rate, that remains still low at 19.2 per cent. The Committee asks the Government to continue to supply information and statistical data on women’s participation in the labour market.

4. The Committee notes the national literacy programme, its aims to reduce women’s illiteracy rate to 22 per cent in 2006 and its priority target groups - young women and women in rural areas. It also notes the vocational guidance services aimed at strengthening women’s participation in scientific and technical sectors of activity and the activities of training organized by the Centre of Research, Documentation and Information on Women (CREDIF). However, the Committee also notes the Concluding Observations of the Committee on Economic, Social and Cultural Rights (CESCR) that express concern over the illiteracy still affecting 42 per cent of women (23 per cent of men), that serious disparities continue to exist between the literacy rates of boys and girls at all age levels and between urban and rural areas. The CESCR also states that inequalities between men and women continue to persist, including with regard to access to positions of responsibility and to remuneration (E/C.12/1/Add.36, paragraphs 13 and 17). The Committee asks the Government to continue to provide information on the measures undertaken and the progress achieved to improve the literacy rate of girls and women to assist their entry into higher remunerated work.

5. The Committee once again asks the Government to indicate which measures have been taken for the active promotion of the principle set forth in the Convention within the framework of its national policy to combat discrimination on the grounds of race, colour, religion, political opinion, national extraction and social origin.

6. The Committee notes that section 170 of the Labour Code establishes that the Labour Inspectorate is responsible for monitoring the practical application of labour legislation. Under section 178 of the Labour Code, police authorities and the National Guard are also responsible for enforcement of the labour law. They perform their role through visits in the workplaces. The Committee asks the Government to supply data on the number of inspections conducted, the violations of discrimination identified, the actions taken and the outcomes. Please also supply any relevant court decisions.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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, which read as follows:

1. Noting the high level of illiteracy among girls and women, their low educational level and their low level of participation in the labour market, as well as the occupational segregation from which they suffer in vocational training and employment, the Committee requests the Government to indicate the measures which have been taken to promote and ensure the access of women to education, vocational training and employment on an equal footing with men. In this respect, the Committee notes from the report that, as soon as information is available, the Government will indicate the results obtained and the progress achieved by the VIIIth Economic and Social Development Plan (1992-96) in relation to the promotion of equality of opportunity and treatment in employment and occupation for women, following the implementation of a strategy for the promotion of women based essentially on the strengthening of the role of women in productive activities and the improvement of training for women in both quantitative and qualitative terms. The Committee trusts that this information will be included in the Government’s next report. Furthermore, it once again requests the Government to indicate whether this strategy has been extended in the context of the IXth Economic and Social Development Plan (1997-2001).

2. With regard to the application of the Convention in relation to discrimination on grounds other than sex, the Committee notes that the Government’s report states merely that both the Constitution (article 6) and the legislation (Labour Code, conditions of service of the public service, collective labour agreements) prohibit this type of discrimination. As the Committee has emphasized on many occasions, the existence of appropriate national laws and regulations which are in conformity with the Convention is a necessary prerequisite, but is not sufficient in itself for the effective application of the principles set out in the Convention. Experience shows that the prohibition of discrimination is not sufficient to eliminate it in practice and this is particularly true for certain forms of discrimination, such as discrimination on grounds of race, national extraction or social origin. Certain important forms of inequality in employment and occupation are based on types of behaviour, attitudes or manifestations of prejudice and it is important for any policy designed to combat discrimination in employment and occupation to be accompanied by affirmative measures. The Committee would therefore be grateful if the Government would indicate the measures which have been taken or are envisaged for the active promotion of the principles set out in the Convention within the framework of its national policy to combat discrimination on grounds of race, colour, religion, political opinion, national extraction or social origin.

3. The Committee recalls that, under the terms of Article 3 of the Convention, each Member which has ratified the Convention is bound to promote acceptance and observance of its national policy of equality of opportunity and treatment in employment and occupation and to promote such educational programmes as may be calculated to secure such acceptance and observance. It would therefore be grateful if the Government would provide information on the measures which have been taken or are envisaged relating to the education and information of the general public with a view to ensuring that its policy benefits from the support of all the parties concerned. Noting that the Government, in the report which it submitted to the United Nations Committee on the Elimination of Racial Discrimination (43rd session, CERD/C/226/Add.10, paragraph 235) states that "one of the major objectives of the educational system is to prepare young people for a life that has no room for any kind of discrimination or segregation based on sex, social origin, race or religion", the Committee requests it to provide detailed information on the measures which have been taken in practice to ensure that the educational system is truly exempt from any discrimination based on all the criteria formally prohibited by the Convention.

4. In view of the fundamental role conferred by the Convention on employers’ and workers’ organizations in promoting the principle of equality of opportunity and treatment, the Committee would be grateful if the Government would indicate the arrangements that it has made for its collaboration with employers’ and workers’ organizations in this field.

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

The Committee notes the report of the Government.

1.  Noting the high level of illiteracy among girls and women, their low educational level and their low level of participation in the labour market, as well as the occupational segregation from which they suffer in vocational training and employment, the Committee requests the Government to indicate the measures which have been taken to promote and ensure the access of women to education, vocational training and employment on an equal footing with men. In this respect, the Committee notes from the report that, as soon as information is available, the Government will indicate the results obtained and the progress achieved by the VIIIth Economic and Social Development Plan (1992-96) in relation to the promotion of equality of opportunity and treatment in employment and occupation for women, following the implementation of a strategy for the promotion of women based essentially on the strengthening of the role of women in productive activities and the improvement of training for women in both quantitative and qualitative terms. The Committee trusts that this information will be included in the Government’s next report. Furthermore, it once again requests the Government to indicate whether this strategy has been extended in the context of the IXth Economic and Social Development Plan (1997-2001).

2.  With regard to the application of the Convention in relation to discrimination on grounds other than sex, the Committee notes that the Government’s report states merely that both the Constitution (article 6) and the legislation (Labour Code, conditions of service of the public service, collective labour agreements) prohibit this type of discrimination. As the Committee has emphasized on many occasions, the existence of appropriate national laws and regulations which are in conformity with the Convention is a necessary prerequisite, but is not sufficient in itself for the effective application of the principles set out in the Convention. Experience shows that the prohibition of discrimination is not sufficient to eliminate it in practice and this is particularly true for certain forms of discrimination, such as discrimination on grounds of race, national extraction or social origin. Certain important forms of inequality in employment and occupation are based on types of behaviour, attitudes or manifestations of prejudice and it is important for any policy designed to combat discrimination in employment and occupation to be accompanied by affirmative measures. The Committee would therefore be grateful if the Government would indicate the measures which have been taken or are envisaged for the active promotion of the principles set out in the Convention within the framework of its national policy to combat discrimination on grounds of race, colour, religion, political opinion, national extraction or social origin.

3.  The Committee recalls that, under the terms of Article 3 of the Convention, each Member which has ratified the Convention is bound to promote acceptance and observance of its national policy of equality of opportunity and treatment in employment and occupation and to promote such educational programmes as may be calculated to secure such acceptance and observance. It would therefore be grateful if the Government would provide information on the measures which have been taken or are envisaged relating to the education and information of the general public with a view to ensuring that its policy benefits from the support of all the parties concerned. Noting that the Government, in the report which it submitted to the United Nations Committee on the Elimination of Racial Discrimination (43rd session, CERD/C/226/Add.10, paragraph 235) states that "one of the major objectives of the educational system is to prepare young people for a life that has no room for any kind of discrimination or segregation based on sex, social origin, race or religion", the Committee requests it to provide detailed information on the measures which have been taken in practice to ensure that the educational system is truly exempt from any discrimination based on all the criteria formally prohibited by the Convention.

4.  In view of the fundamental role conferred by the Convention on employers’ and workers’ organizations in promoting the principle of equality of opportunity and treatment, the Committee would be grateful if the Government would indicate the arrangements that it has made for its collaboration with employers’ and workers’ organizations in this field.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes that the Government is making a sustained effort to continue to promote equality of opportunity and treatment in employment for women. In addition to the changes to the Labour Code (repeal of section 135 of the Labour Code referring to remuneration for women in agriculture which, according to the Government, could have lead to a discriminatory interpretation, and the incorporation of section 5bis which affirms explicitly the principle of equality between men and women in the world of work), the Committee notes the conclusion of application of the VIIIth Economic and Social Development Plan (1992-96) which, as noted in its previous direct requests, created a special commission "Women and Development" which laid down a strategy for the promotion of women, based essentially on strengthening their role in productive activities and improving the quantity and quality of training for them. The Committee requests the Government to supply information on the results obtained and progress made under this strategy and to indicate whether it contemplates proceeding in the new plan with these measures which give effect to Article 2 of the Convention.

2. In regard to the discrimination criteria set out in Article 1, paragraph 1(a), of the Convention, the Committee notes that the Government's report remains silent on discrimination grounds other than sex. In view of the importance of combating discrimination in employment and occupation based on those other criteria, namely race, colour, religion, political opinion, national extraction or social origin, the Committee requests the Government to indicate in its next report all the measures taken, other than those already mentioned, in connection with application of the Convention, to ensure that no discrimination can take place based on these other grounds. The Committee also requests the Government to keep it informed of results in this matter by supplying, for example, all relevant information such as statistics, reports, studies, surveys, etc.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct request, the Committee notes the information supplied by the Government in its report, and in particular the information on the objectives of the various national bodies responsible for promoting women.

1. The Committee notes with interest the establishment under Act No. 90-78 of 7 August 1990 of a research, documentation and information centre on women, and the creation of a special commission "Women and Development", in the context of the preparation of the VIIIth Economic and Social Development Plan (1992-96) which sets out a strategy for promoting women which is based essentially on strengthening their role in productive activities and improving the quantity and quality of training for women.

The Committee requests the Government to supply full information in its next report on the general methods used for the implementation of this strategy to promote women and on any positive action undertaken in practice to eliminate all forms of discrimination on the grounds set out in the Convention and, in particular, on sex, with regard to: (a) access to vocational training; (b) access to employment and to particular occupations; and (c) terms and conditions of employment. It also requests the Government to continue to supply information on activities in support of women which may be related to the provisions of the Convention and those undertaken by the research centre on women and the special commission "Women and Development", as well as any reports, studies or documents published by these bodies.

2. The Committee notes that new measures were announced by the President of the Republic on the Women and Family Day, 13 August 1992, including, in particular, the introduction of a section in the Labour Code explicitly setting out the principle of non-discrimination between men and women in the field of work; the elimination of provisions in the Code which might be considered discriminatory against women; the ratification of the ILO Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); and the lifting by the institutions responsible for vocational training of all obstacles to women with a view to permitting them to have access to all opportunities to specialize in the various trades and occupations. The Committee requests the Government to supply information in its next report on any amendments to the Labour Code and on the progress achieved in the implementation of the other measures referred to above which are designed to eliminate any discrimination in employment and occupation on the basis of sex.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of the information supplied by the Government in reply to its previous comments.

The Committee notes with interest the provisions of Decree No. 90-1292 of 7 August 1990 that concern the organisation and activities of the Directorate for the Education and Training of Women (which now come under the Ministry of Vocational Training and Employment), as well as a number of projects and programmes in this area (training programme drawn up during the national seminar entitled "Girls in the rural sector, co-ordinated training, better preparation for life, more effective participation in development" (Tunis, 6-8 March 1989); project "Inclusion of population studies in training programmes for girls"; establishment of a pilot training centre for girls in the rural sector; project to set up a training centre for women trainers in industry; national project to promote the training of women and girls taking account of all the specificities of the target populations). With regard to the training and participation of girls in trades and occupations that are not traditionally exercised by women, the Government indicates that in the last few years, the number of girls has increased particularly in data processing, accounting and radio and television repairs and maintenance. The Government also indicates that the Ministry of Vocational Training and Employment is in the process of reforming the national vocational training system, and is taking not only general measures but also specific measures for females with particular needs.

The Committee asks the Government in its future reports to provide information on results and progress in this area.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the information supplied by the Government in reply to its previous comments and notes that women make up 24.5 per cent of the staff of the public service and that they represent 23.5 per cent of middle and higher management, 31.9 per cent of supervisory staff and 42.5 per cent of administrative staff. The Committee also notes that the number of women in positions of responsibility in the public sector is 1,880, which represents 7.8 per cent of the number of men in positions of responsibility. The Committee hopes that the Government will continue to endeavour to promote the access of women to the public service and to positions of responsibility and that it will provide information on any developments in this connection.

2. The Committee also notes with interest the establishment, under Decree No. 88-306 of 25 February 1988, in the Ministry of Social Affairs, of a Directorate for the Education and Training of Women, which is responsible for promoting the vocational training of women and facilitating their productive participation in development. The Committee requests the Government to supply information on the practical work of this Directorate, and particularly on any positive measure taken to formulate and develop education and training programmes for women and girls, and to promote vocational training for them in various skills as a function of the needs of the area. The Committee also requests the Government to indicate any progress achieved in the areas of the training and the participation of women in trades and occupations that are not traditionally exercised by women. The Committee would be grateful, in particular, to be provided with statistics on this subject.

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