Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. In its previous comments, the Committee noted the creation of an observatory competent in the fields of research, information, training, documentation and investigation for the protection of the rights of the child, and asked the Government to provide information on the research and measures undertaken by the observatory to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the information in the Government’s report that the results of the observatory’s research will be sent to the Office as soon as they are available. It hopes that the Government will be in a position to provide this information on the research in its next report.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee noted previously that national laws and regulations contain no provision expressly banning the sale and trafficking of children under 18 years of age and requested the Government to provide information on the measures taken or envisaged to bring its laws and regulations into line with the Convention on this matter. The Committee notes, that according to the Government, section 19 of the Code for the Protection of the Child prohibits the exploitation of children under 18 years of age in the various forms of organized crime, and section 20 of the Code treats such exploitation as a "difficult situation" jeopardizing the health of the child or his/her physical or moral integrity. It further notes that the Code provides for preventive measures as a means of protecting children against all forms of harm or abuse that threaten their health or their physical or moral integrity. Section 30 of the Code, for example, provides that the delegate responsible for the protection of children intervenes on a preventive basis whenever a child’s health or physical or moral integrity are shown to be under threat or exposed to danger due to the living environment, or to activities or actions undertaken by the child or to various types of ill treatment, particularly in the difficult situations laid down in section 20. Under section 35, the delegate may call a meeting of the child and the parents in order to hear their statements and reply about facts that have been reported. The delegate, also has the authority to conduct investigations and take suitable measures to protect the child. Furthermore, under section 36, in applying the provisions of the Code, delegates have the status of criminal police officers. According to section 46, in the event of imminent danger, they may decide to remove the child from the danger, if necessary calling on the force publique, and take the child to a safe place under their own responsibility, without breaching the privacy of dwellings. Imminent danger means any action or omission that threatens the life or physical or moral integrity of the child in a way which time cannot remedy.

The Committee observes that the protective measures laid down in the Code for the Protection of the Child appear to apply only in the event of negligence or exploitation by one of the parents or someone else responsible for the child. The Committee further observes that, although section 19 prohibits the exploitation of children under 18 years of age in various forms of organized crime, allowing them to be protected against selling and trafficking, the Code appears not to establish a procedure for enforcing the prohibition, in particular because it makes no provision for measures to prosecute and punish persons convicted of this crime. The Committee therefore requests the Government to provide information on the manner in which section 19 of the Code for the Protection of the Child is applied in practice.

Clause (b). Use, procuring or offering of a child for the production of pornography or pornographic performances. In its previous comments, the Committee pointed out that it is not clear that the national legislation prohibits the use of children under 18 years of age for the production of pornography or for pornographic performances, and requested the Government to provide information on the measures taken or envisaged to bring the national legislation into line with the Convention on this matter. In its report, the Government indicates that the prohibition from using, procuring or offering children under 18 years of age for the production of pornography derives from section 3 of the Order of 19 January 2000 issued by the Minister for Social Affairs establishing the conditions for the grant of individual employment permits for children to appear in public performances or participate in cinematographic works, which provides that children may participate only in such performances and such works as are authorized by the competent authorities. Furthermore, section 4 of the Order specifies that no permits may be granted for the participation of children in public performances or cinematographic works that are dangerous or liable to impair their development, morals or school attendance. The Government also indicates that section 4 of the Cinematographic Industry Code (Act No. 60-19 of 27 July 1960) provides that the production or shooting in Tunisia of any cinematographic or television film or sequence of such a film is subject to prior authorization by the minister responsible for culture. While noting this information, the Committee observes that the provisions referred to by the Government apply in the context of a lawful employment relationship, whereas generally speaking, the use, procuring or offering of a child under 18 years of age for the production of pornography or pornographic performances occur in an illegal setting. The Committee requests the Government to indicate how the national legislation allows this provision of the Convention to be applied by prohibiting and punishing the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances. The Government is also asked to provide a copy of Act No. 60-19 of 27 July 1960.

Lastly, the Committee notes that the Decree of 25 April 1940 on offences against morals was repealed by Act No. 2004-73 of 2 August 2004 amending and supplementing the Penal Code in respect of the punishment of offences against morals and sexual harassment (Act No. 2004-73 of 2 August 2004). Under section 226bis, paragraph 2, of the Penal Code, as amended by Act No. 2004-73 of 2 August 2004, it is a punishable offence to draw attention in public to an opportunity to engage in debauchery in written form or by means of recordings or of audio, visual, electronic or optical messages. The Committee requests the Government to provide information on the manner in which section 226bis, paragraph 2, of the Penal Code is applied in practice, and, in particular, to define the expression "draw attention in public to an opportunity to engage in debauchery".

Clause (d). Hazardous work. In its previous comments, the Committee noted that pursuant to section 6 of the Labour Code, the Code appears to apply only to contractual employment relationships, and requested the Government to indicate the measures taken or envisaged to ensure that self-employed workers under the age of 18 years are protected against types of work which, by their nature or the circumstances in which they are carried out, are likely to endanger the health, safety or morals of the young person. The Committee notes the information supplied by the Government to the effect that the age of civil majority in Tunisia is 21 years, which implies that minors are barred from engaging in trading. It also notes that section 6 of the Commercial Code allows minors to engage in trading on an exceptional basis provided they have reached the age of 18 years and have complete emancipation. According to the Government, trading by minors under 18 years of age is among the difficult situations defined in section 20 of the Code for the Protection of the Child, and so warrants intervention by the delegate for the protection of the child. The Committee requests the Government to indicate whether any cases of this nature have been referred to the delegate.

Article 4, paragraph 2. Identification of where hazardous work exists. With reference to its previous comments, the Committee notes the information supplied by the Government to the effect that identification of the whereabouts of the types of hazardous work determined in the Order of 19 January 2000 issued by the Ministry of Social Affairs, is done by labour inspectors and medical inspectors when they visit workplaces and by the reporting of such types of work by trade unions that work with the labour inspectorate. Child protection delegates likewise report to the labour inspectorate any dangerous types of work in which children are employed when they intervene in order to remove children from difficult situations or economic exploitation.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee takes note of the information supplied by the Government concerning the measures which it has taken to protect children and to promote their rights in various areas and which also aim to eliminate the worst forms of child labour.

Article 6, paragraph 2. Consultation with employers’ and workers’ organizations. In its previous comments, the Committee requested the Government to indicate whether employers’ or workers’ organizations are consulted prior to the adoption of action programmes. The Committee notes the Government’s statement that, pursuant to section 3 of Decree No. 2002-574 of 12 March 2002 creating the Higher Council for Children and establishing its duties, membership and operating procedures, the President of the Council may call on any person or organization whose presence is deemed to be useful to the Council.

Article 7, paragraph 2. Time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Further to its previous comments on measures taken by the delegate for child protection to prevent the worst forms of child labour, the Committee takes note of the information supplied by the Government. It notes in particular that to put an end to difficult situations and so prevent the worst forms of child labour, the delegate may: secure psycho-social care for the child and for the family; assist the child in returning to school or in concluding an apprenticeship contract in an organized setting if the child is over 16 years of age; initiate proceedings with the Public Prosecutor; place the child in a foster family or specialized institution. The Committee also notes the information sent by the Government concerning access to free basic education.

Clause (b). Assistance for the removal of children from the worst forms of child labour. With reference to its previous comments, the Committee notes that, according to the Government, the delegate for the protection of the child is responsible for enforcing section 46 of the Code for the Protection of the Child. In addition to prosecution for abuse under the Penal Code, the Code allows the delegate to take emergency measures to remove children who are in imminent danger from the family or institutional environment which is the source of the danger, including calling upon the force publique. The children are then put in a safe place under the delegate’s responsibility, namely a foster family or a specialized centre. The Committee also notes the Government’s statement that the concept of worst forms of child labour being a recent one, the activities reports of child protection delegates contain no information on the reporting of children engaged in the worst forms of labour. The Committee hopes that steps will be taken to raise awareness among child protection delegates and the population in general about the worst forms of child labour. It asks the Government in its next report to provide information on the number of cases of children engaged in worst forms of labour that have been reported.

Clause (e). Special situation of girls. The Committee requested the Government to provide information on the measures taken or envisaged to take into account the special situation of girls in the context of eliminating the worst forms of child labour. It notes in this connection that the national legislation, including the Code on the status of personnel, and the social security legislation, contains measures allowing the status of girls under 18 years of age to be improved.

Article 8. Enhanced international cooperation and/or assistance. 1. Cooperation with third countries in combating child prostitution. Further to its previous comments in which it requested the Government to provide information on measures of cooperation with third countries to combat child prostitution and the results obtained, the Committee notes that, according to the Government, this information will be sent to the Office as soon as it is available.

2. Poverty eradication policy. The Committee noted previously that the Government was implementing a policy to eradicate poverty, based on social assistance and economic integration. It noted also that, according to the Government, the programmes implemented under this policy had enabled the poverty rate to be reduced to 4.2 per cent in 2000 from 6.2 per cent in 1995 and 7.6 per cent in 1990. Noting that no information has been provided on this matter, the Committee again requests the Government to continue to provide information on its poverty eradication policy, particularly on how it is contributing to eliminating the worst forms of child labour.

Part V of the report form. Practical application of the Convention, Further to its previous comments, the Committee notes the Government’s statement that the labour inspection services have reported no offences relating to the employment of children in conditions that are contrary to the provisions of Convention No. 182. It requests the Government to continue to provide copies of the statistics compiled by the labour inspectorate or any other national body, as well as information on the nature, extent and trends of the worst forms of child labour, the number and nature of infringements reported, investigations, prosecutions and convictions reported and the penal sanctions applied.