Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 29) sur le travail forcé, 1930 - Tunisie (Ratification: 1962)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1) and 2(1) of the Convention. Trafficking in persons. In its previous comments, the Committee observed that, in view of its geographical proximity to Italy and the political events in the region, Tunisia has become a transit country for migrant workers, often in an irregular situation, from sub Saharan Africa and also from other countries of the Maghreb. These migrant workers are in a vulnerable situation, which exposes them to labour exploitation, and are therefore at greater risk of falling victim to trafficking. The Committee therefore asked the Government to take the necessary steps to adopt legislation on trafficking in persons and to raise awareness of this practice among the general public, particularly the population groups at risk.

The Committee notes with interest the adoption of Act No. 2016-61 of 3 August 2016, on the prevention and combating of trafficking. It notes in particular that the Act defines in detail what constitutes the crime of trafficking in persons for sexual exploitation or forced labour and establishes penalties of up to ten years’ imprisonment (section 8). Entities that engage in trafficking may incur a fine equal to the value of the benefits obtained through trafficking of persons. They may also be banned from exercising their activities for a period of five years or be dissolved (section 20). The Committee also notes that the National Authority for Combating Trafficking in Persons has been established at the Ministry of Justice. This body is responsible, among other things, for coordinating with the entities concerned the provision of medical assistance to trafficking victims. Where necessary, the victims receive free care and treatment in public health establishments (section 59). They may also receive legal aid (section 62).

The Committee also notes the Government’s indication that a National Action Plan to prevent and combat trafficking in persons was drawn up in 2015. The Committee requests the Government to provide information on the content and application in practice of the 2015 National Action Plan to prevent and combat trafficking in persons, indicating the results achieved. The Committee also requests the Government to provide information on the application in practice of Basic Act No. 2016-61 of 3 August 2016, on the prevention and combating of trafficking, indicating the number of investigations, prosecutions and convictions for trafficking in persons for sexual exploitation and labour exploitation, and also the specific penalties imposed on offenders.

Article 2(2)(a). Purely military character of work performed in the context of compulsory military service. In its previous comments, the Committee emphasized that compulsory national service, the aim of which is to prepare citizens to defend their country and to participate in its overall development (Act No. 2004-1 and Decree No. 2004-516 of 2004), is based on a concept of military service that is too broad to be covered by the exception to forced labour allowed by Article 2(2)(a) of the Convention. Accordingly, in the context of compulsory national service, conscripts may be called upon to perform active military service (which responds to the needs of the national armed forces) or may be assigned, at their request, to non-military work in units of the internal security forces, administrations or enterprises. The Committee has acknowledged that, to a certain extent, the legislation grants conscripts the possibility of opting for work of a non-military nature in the context of national service. However, the choice is made within the context and on the basis of compulsory national service, as envisaged by law. The existence of such a choice is not sufficient to obscure the fact that the persons concerned are mobilized for one year in the framework of a statutory national service obligation, without necessarily performing work related to the need to ensure national defence, which is at the basis of the exception envisaged by Article 2(2)(a).

The Committee notes the lack of information from the Government on this issue. The Committee requests the Government to take the necessary steps to ensure that the work imposed in the context of compulsory national service corresponds to the types of work authorized as exceptions in Article 2(2)(a) of the Convention. The Committee also requests the Government to continue providing information on the number of persons who annually perform their national service in units of the armed forces, compared with the number of those serving outside such units, indicating, for the same reference year, the number of persons who applied to the Ministry of National Defence to perform national service outside the units of the armed forces.

Article 2(2)(c). Community service. In its previous comments, the Committee noted that section 15ter of the Penal Code provides for a sentence of community service as an alternative to imprisonment. This sentence must always be handed down in the presence of the convicted person, who has the right to refuse the community service. The entities within which the work may be performed are public establishments or local communities, charitable or aid associations, or associations of benefit to the nation and environmental protection associations. The Committee asked the Government to provide information on these associations and on the types of work carried out in the framework of community service.

The Committee notes the Government’s indication that it will send the requested information once it is available. The Committee requests the Government once again to provide information on the associations that are allowed to take on persons sentenced to community service and on the types of work carried out for these associations in this regard.