Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Tunisia (Ratification: 1957)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In its previous comments, the Committee drew attention to section 251 of the Labour Code, which provides for the penal disqualification from holding executive or administrative office in occupational trade unions, except for offences committed for political or trade union reasons. The Committee takes due note of the information provided by the Government in its last report to the effect that no case has been recorded in practice resulting in incapacity or disqualification under the provisions of section 251 of the Labour Code. The Government repeated that this provision explicitly excluded offences committed for political or trade union reasons, as well as involuntary injury or homicide, thereby preventing any abuse in the application of these provisions. While taking note of this information, the Committee recalls that it is of the view that incapacity or disqualification from holding trade union office should be limited to persons convicted for acts which call into question the integrity of the person concerned. The Committee therefore requests once again the Government to continue to keep it informed in its future reports of any development in this regard.