Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes, in addition to the legislative texts to which it referred in its previous comments, sections 237 and 250 of the Penal Code respecting abduction and impairment of individual freedom. However, the Committee notes that no legislative text in Tunisia specifically addresses the sale and trafficking of children. The Committee therefore requests the Government to indicate the manner in which effect is given to these provisions in practice and in which they may be used in the event of the sale or trafficking of children.

Clause (b). The use, procuring or offering of a child for the production of pornography or pornographic performances. With reference to its previous comments, the Committee noted that the various provisions indicated by the Government prohibiting the use, procuring or offering of a child for the production of pornography or for pornographic performances apply in the context of a lawful employment relationship whereas, generally speaking, these activities occur in an illegal setting. The Committee notes Act No. 60-19 of 27 July 1960 issuing regulations on the cinema industry. It also notes the Government’s indications that section 226bis of the Penal Code, which prohibits public offences against good behaviour or public morals by acts or words or wilful embarrassment of others in a manner that is offensive to decency, is partly a measure intended to prohibit the use, procuring or offering of a child in the pornography industry. It further notes that it is prohibited for any person to publicly draw attention to an occasion on which debauchery is committed by means of written texts, recordings or audio or visual, electronic or visible messages. According to the Government’s indications in its report, the expression “publicly draw attention to an occasion on which debauchery is committed” is directly related to the media referred to in section 226bis of the Penal Code, that is written or audio media, including the Internet, which are of a nature to facilitate incitation to debauchery. These practices may include pornographic photographs or films and pornographic performances. The Committee requests the Government to indicate the manner in which these provisions prohibit in practice the use, procuring or offering of a child for the production of pornography or for pornographic performances.

Article 5. Monitoring mechanisms. Sexual exploitation of children and paedophilia over the Internet. The Committee notes the Government’s indications concerning the establishment of a specialized unit in the national police to combat the sexual exploitation of children and paedophilia over the Internet. The officers in this unit receive appropriate and specialized training so that they can discharge their duties appropriately. The Committee requests the Government to provide information on the operation of this specialized unit in practice, and to provide reports on its activities. It also requests the Government to indicate whether the unit has had an impact on the prohibition and elimination of the sexual exploitation of children.

Article 7, paragraph 2. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes the information provided by the Government on the social action programme established in schools, in the context of which 2,046 social action cells have been created, as well as ten mobile units in rural areas. It further notes that the creation is planned in the context of the programme of 14 additional cells to cover all the governorates in Tunisia by 2011. These cells provide assistance to children in difficulties with a view to ensuring the success of their schooling. The Committee requests the Government to provide information on the impact of the social action programme on the school drop-out rate. It also requests the Government to indicate the extent to which the programme contributes to preventing children from being engaged in the worst forms of child labour in practice.

Clause (b). Assistance for the removal of children from the worst forms of child labour. With reference to its previous comments concerning the application of section 46 of the Code for the Protection of the Child by the child protection delegate (DPE), who is allowed to take emergency measures to remove a child who is in a situation of imminent danger from the family or institutional environment which is the cause of the danger, the Committee notes the Government’s indications that 90 cases of children engaged in light work were examined by DPEs in 2005. According to the Government’s indications, these cases represent 1.6 per cent of all the cases of children under threat dealt with by DPEs in 2005. As these statistics do not concern the worst forms of child labour, the Committee requests the Government to provide more detailed information in its next report on the number of cases of children engaged in the worst forms of child labour dealt with by DPEs.

Clause (e). Special situation of girls. With reference to its previous comments, the Committee notes the Government’s indications in its report that the Information, Training, Documentation and Studies Observatory for the Protection of the Rights of the Child is currently undertaking a study on the school drop-out rate of girls in rural areas, the principal objective of which is to map school drop‑outs in Tunisia according to the gender and environment of the child. The Committee requests the Government to provide more detailed information on the use to which this study is put in relation to preventing the engagement of girls in the worst forms of child labour. It also requests the Government to provide the Office with a copy of this study when it has been completed.

Article 8. International cooperation and assistance. 1. Cooperation with third countries in combating child prostitution. The Committee requested the Government previously to provide information on cooperation measures with third countries to combat child prostitution and the results achieved. Noting the absence of information on this subject in the Government’s report, the Committee requests the Government to keep it informed of any new development in this regard and to provide information on the matter as soon as it is available

2. Poverty eradication policy. With reference to its previous comments, the Committee notes the Government’s indications that the State provides subsidies to needy families with dependent children of school age, in addition to the assistance already provided to thousands of families in terms, inter alia, of free care and social security, in accordance with a presidential decision of 15 January 2007. In this respect, needy families now receive 140 dinars a quarter if they do not have children, and 170, 200 and 230 dinars in the case of families with one, two or three dependent children of school age, respectively. The Committee encourages the Government to continue its efforts in the context of its poverty eradication policy with a view to preventing children from being engaged in the worst forms of child labour. It also requests the Government to provide a copy of the presidential decision of 15 January 2007 referred to above.

Part V of the report form. The Committee notes the statistics provided by the Government, according to which 175 infringements relating to child labour have been reported by the labour inspection services, with charges being brought in 48 cases. It notes that none of these infringements concern the worst forms of child labour. However, the Committee notes the Government’s indications that the Information, Training, Documentation and Studies Observatory for the Protection of the Rights of the Child has established a data collection system “Child-info”, with the establishment of an integrated database on childhood. It also notes that the Observatory has developed child protection indicators and that a list of these indicators will be drawn up by the end of 2007. The Committee requests the Government to provide fuller information on the data compiled by “Child-info”, particularly in relation to children engaged in the worst forms of child labour. It also requests the Government to provide the list of child protection indicators when it has been finalized.