2006 Findings on the Worst Forms of Child Labor - Tunisia

Incidence and Nature of Child Labor

In Tunisia, children can be found working in the informal sector, particularly as agricultural workers and vendors, primarily during their summer vacation from school. Also, in the informal sector, children are involved in the handicraft industry, where child labor is sometimes disguised as apprenticeship.⁴¹⁷⁵ There is no widespread form of forced or compulsory labor in Tunisia, although there is some evidence of exploitation of children in domestic service.⁴¹⁷⁶

Child Labor Laws and Enforcement

The minimum age for employment is 16 years, with some exceptions.⁴¹⁷⁷ Children at least 13 years may perform light work in the non-industrial and agricultural sectors.⁴¹⁷⁸ They may also begin working as apprentices or through vocational training programs at 14.⁴¹⁷⁹ Children younger than 16 may work in family businesses, as long as their work does not negatively affect their mental or physical health or interfere with school.⁴¹⁸⁰ This provision does not apply to hazardous work as defined by the Labor Code.⁴¹⁸¹ The minimum age for hazardous work is 18 years, and the Ministry of Social Affairs has the authority to determine what jobs fall in this category.⁴¹⁸² The law restricts non-agricultural night work; children under 14 are prohibited from working between 8:00 p.m. and 8:00 a.m.; and children between 14 and 18 are prohibited from working between 10:00 p.m. and 6:00 a.m.⁴¹⁸³ Children working in the agriculture industry must have fixed rest periods and cannot work between 10:00 p.m. and 5:00 a.m.⁴¹⁸⁴ Workers in the non-agricultural sector under 18 years may not be paid less than 85 percent of the salary paid to adults.⁴¹⁸⁵

Labor inspectors from the Ministry of Social Affairs are responsible for enforcing labor laws, including child labor laws.⁴¹⁸⁶ According to reports received by the U.S. Department of State, overlapping responsibilities among various ministries, lack of resources, and cultural sensitivities sometimes limit the application of these laws.⁴¹⁸⁷ The Ministry of Women's Affairs, Family, Children, and Senior Citizens, and the Ministry of Youth, Sports, and Physical Training are responsible for protecting children's rights, with a body of Child Protection Delegates answerable to the former and based in each governorate of the country.⁴¹⁸⁸ Since the delegates were first established, the Ministry has increased resources, so that office equipment, staff and transportation are available to support the delegates' protective responsibilities.⁴¹⁸⁹

Forced labor is prohibited under the law.⁴¹⁹⁰ as well as trafficking in persons.⁴¹⁹¹ Convicted traffickers may be sentenced to prison for 3 to 20 years and fines.⁴¹⁹² The law protects children less than 18 years from abuse and exploitation, including participation in wars or armed conflicts, prostitution, and hazardous labor conditions.⁴¹⁹³ Tunisian law defines "threatened children" to include those who are at risk of sexual exploitation. The law clarifies that sexual exploitation includes prostitution or any other form of sexual deviation, including commercial sexual exploitation, that exploits the child.⁴¹⁹⁴

Current Government Policies and Programs to Eliminate the Worst Forms of Child Labor

Research has not identified any specific policies or programs by the Government of Tunisia to address exploitive child labor.

4166 Government of Tunisia, Code du travail, 1966, Loi no. 66-27, (April 30, 1966), Article 53; available from http://www.ilo.org/dyn/natlex/docs/WEBTEXT/44414/65029/F96TUN01.htm.

4167 U.S. Department of State, "Tunisia," Country Reports on Human Rights Practices – 2006 (March 6, 2007), Section 5; available from http://www.state.gov/g/drl/rls/hrrpt/2006/78864.htm.

4168 Ibid.

4169 UNESCO Institute for Statistics, Gross Enrolment Ratio. Primary. Total, accessed December 20, 2006; available from http://stats.uis.unesco.org/.

4170 UNESCO Institute for Statistics, Net Enrolment Rate. Primary. Total, accessed December 20, 2006; available from http://stats.uis.unesco.org/.

4171 UCW analysis of ILO SIMPOC, UNICEF MICS, and World Bank surveys, Child Economic Activity and School Attendance Rates, March 1, 2007.

4172 ILO, Ratifications by Country, accessed October 12, 2006; available from http://www.ilo.org/ilolex/english/newratframeE.htm.

4173 Ibid.

4174 ILO, IPEC Action Against Child Labour: Highlights 2006, Geneva, October 2006, 30; available from http://www.ilo.org/iloroot/docstore/ipec/prod/eng/20061018_implementati….

4175 U.S. Department of State, "Country Reports – 2006: Tunisia," Section 6d. See also ECPAT International CSEC Database, Tunisia, accessed September 13, 2006; available from http://www.ecpat.net.

4176 ICFTU, Internationally-Recognised Core Labour Standards in Tunisia: Report for the WTO General Council Review of the Trade Policies of Tunisia, Executive Summary, Geneva, September 28-30, 2005, 1; available from http://www.icftu.org/www/pdf/clstunisia2005.pdf.

4177 Government of Tunisia, Code du travail, Article 53-2.

4178 Ibid., Articles 55 and 56.

4179 Ibid., Article 53.

4180 Ibid., Article 54.

4181 ILO Committee of Experts, Direct Request, Minimum Age Convention, 1973 (No. 138) Tunisia (ratification: 1995), [online] 2004 [cited October 19, 2006]; available from http://www.ilo.org/ilolex/cgi-lex/pdconv.pl?host=status01&textbase=iloe…+ C95%29+%40ref+%2B+%28Tunisia%29+%40ref+%2B+%23YEAR%3E2000&highlight=&querytype=bool&context =0.

4182 Government of Tunisia, Code du travail, Article 58.

4183 Ibid., Articles 65 and 66.

4184 Ibid., Article 74.

4185 ILO NATLEX National Labor Law Database, Décret no 2003-1691 du 18 août 2003 fixant le salaire minimum interprofessionel garanti dans les secteurs non agricoles régis par le Code du travail, accessed September 8, 2006; available from http://www.ilo.org/dyn/natlex/natlex_browse.home.

4186 Government of Tunisia, Code du travail, Articles 170 and 171.

4187 U.S. Embassy – Tunisia, reporting, March 31, 2006.

4188 U.S. Department of State, "Country Reports – 2006: Tunisia," Section 5. See also Government of Tunisia, Ministère des Affaires de la Femme, de la Famille, de l'Enfance et des Personnes Agées (MAFFEPA), [online] [cited March 23, 2007]; available from http://www.ministeres.tn/html/ministeres/tutelle/femme.html. See also U.S. Embassy – Tunisia, reporting, March 31, 2006.

4189 U.S. Embassy – Tunisia, reporting, April 4, 2006.

4190 ILO NATLEX National Labor Law Database, Loi no. 89-23 dy 27 février 1989 portant supression de la peine des travaux forcés, accessed June 4, 2007; available from http://www.ilo.org/dyn/natlex/natlex_browse.home.

4191 U.S. Department of State, "Country Reports – 2006: Tunisia," Section 6c.

4192 Ibid, Section 5.

4193 Government of Tunisia, Loi No. 95-92, 1995, Relative à la publication du Code de la protection de l'enfant, (November 9, 1995), Articles 2, 3, 20, 25, 26; available from http://www.ilo.org/dyn/natlex/docs/WEBTEXT/42904/64989/F95TUN01.htm.

4194 U.S. Embassy – Tunisia, reporting, April 4, 2006.