Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (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.