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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Tunisia (Ratification: 1959)

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.