Committee considered the second periodic report of Tunisia concerning
the rights covered by articles 1 to 15 of the International Covenant
on Economic, Social and Cultural Rights (E/1990/6/Add.14) at its
17th to 19th meetings (twentieth session) held on 6 and 7 May 1999,
and adopted, at its 27th meeting, held on 14 May 1999, the following
Committee expresses its appreciation for the detailed report submitted
by the State party and the comprehensive answers provided by the
delegation in response to the Committee's questions and comments.
These contributed to a highly constructive dialogue between the
Committee and the State party.
B. Positive aspects
Committee notes with satisfaction the importance attached to economic,
social and cultural rights by the State party and the indication
by the delegation that many new laws and modifications of existing
laws were inspired by the obligations assumed under the Covenant.
The Committee further expresses satisfaction that the rights provided
for in the Covenant are part of the law of Tunisia by virtue of
the provision of its Constitution that an international treaty ratified
by Tunisia becomes part of domestic law.
Committee welcomes the achievements in the field of better promotion
and protection of the economic, social and cultural rights of women,
as a result of which women are able to participate in the economic
and political life of the nation, including by owning property,
engaging in economic transactions, voting and being elected to public
office. In addition, these achievements have contributed positively
to family life by making polygamy illegal and has further promoted
equality between men and women by removing all legal recognition
of so-called "crimes of honour".
Committee welcomes the success achieved in the promotion of sustainable
human development, as evidenced by the reduction in the number of
persons living below the national poverty line, the increase in
life expectancy, the decrease in illiteracy and the decrease in
infant mortality, as indicated by the overall human development
index. The Committee notes with satisfaction that social welfare
expenditure increased by as much as 20 per cent of the State budget
between 1986 and 1996, which made many of these advances possible.
Furthermore, 20 per cent of the national budget is devoted to education.
Committee notes with interest the establishment in 1993 of the National
Solidarity Fund through which contributions from individuals and
enterprises are channelled to projects aimed at the development
of remote regions and areas, enabling their inhabitants to have
access to basic infrastructural facilities and utilities and to
better create and manage their own sources of income.
Committee welcomes the Act of 29 July 1991, which legislates free
and compulsory school education for all children from 6 to 16 years
of age, as well as the supplementary support extended to schools
and to needy students that are necessary to make it a reality. It
welcomes the fact that, today, 99 per cent of all children in Tunisia
attend primary school. It also welcomes the considerable assistance
being provided to students at the higher learning level including
through grants, loans and health care and meal subsidies.
Committee notes with satisfaction the efforts being made in the
area of environmental protection, including in the framework of
the Ninth Economic and Social Development Plan (1997-2001). It notes
the increased budget for this purpose in the Ninth Plan which will
be used, inter alia, for the development of equipment to
combat pollution, for better management of waste, for the use of
waste water in agricultural production and for combating desertification.
C. Factors and difficulties impeding the implementation of the
Committee notes the assertion of the State party that difficulties
in the implementation of the Covenant are attributable to external
factors linked to the international environment.
Committee regrets that no further explanation was provided on the
possible existence of other internal difficulties, such as high
unemployment, the slowing economic growth in recent years or social
or political tensions.
D. Principal subjects of concern
Committee regrets that the ample information presented on the legislative,
institutional and policy framework for the protection of each right
was not supported by information on case law, which would have provided
further insight on the actual state of implementation of those rights.
Committee notes that, despite constitutional guarantees, the State
organs for the promotion and protection of human rights are concentrated
within the executive branch of government and that none of them
are empowered to review complaints of violations of the rights provided
for in the Covenant. The Committee is concerned that this compromises
the independence of these institutions, including that of the judiciary,
and the justiciability of economic, social and cultural rights.
Committee is concerned that, despite the efforts of the State party,
inequalities between men and women continue to persist, including
with regard to access to positions of responsibility and to remuneration.
It is particularly concerned that, according to the laws on inheritance,
females are entitled to receive only half of the inheritance of
males. While the State party believes that domestic violence in
Tunisia is rare, the Committee is concerned about the scarcity of
official data on this phenomenon.
respect to article 6 of the Covenant, the Committee is concerned
that, despite the priority given to job creation in national development
plans, a high level of unemployment of approximately 15.6 per cent
persisted in 1998, of which approximately 40 per cent consisted
of persons unemployed for over one year.
regard to article 8 of the Covenant, the Committee notes with concern
the existence of only one confederation of trade unions in Tunisia,
the Union générale tunisienne de travail (UGTT). The Committee
expresses concern that a single trade union confederation representing
the diverse range of all Tunisian workers may not be able to represent
the plurality of their views. In particular, the Committee draws
attention to the regulations requiring that all strikes be authorized
by UGTT, which severely curtails the rights to strike and to freedom
Committee is concerned about the disparities of living standards,
especially with regard to education, health, life expectancy, child
mortality, access to piped water and electricity and employment,
to be found between the prosperous north-east coast of Tunisia and
the underdeveloped north-west, between the interior of the country
and the south, and between the towns and rural areas.
respect to articles 3 and 13 of the Covenant, despite the marked
progress in the area of education, the Committee notes that illiteracy
still affects one third of the population, 42 per cent of women
and 23 per cent of men, and that serious disparities continue to
exist between the literacy rates of boys and girls at all age levels
and between urban and rural areas. It also notes the serious problem
of school drop-out, and especially that half of those enrolled in
primary schools do not continue with secondary education. In this
regard, the Committee is concerned about students who drop out at
the end of the first cycle of basic education, of whom, according
to the delegation 90 per cent had "exhausted their right to retake
courses". The Committee is also concerned about the discrepancy
between the age fixed in law for the completion of mandatory education,
which is 16 years, and the minimum age for employment, which is
15 years for the manufacturing sector and 13 years for the agricultural
sector. This discrepancy might encourage adolescents to drop out
of secondary school.
Committee is concerned about the manner in which knowledge of human
rights is currently being imparted in Tunisian schools. It is also
seriously concerned that the police presence on university campuses
may infringe on the freedoms necessary for academic and cultural
expression, which the State party is obliged to respect under article
Committee expresses concern over the censorship exercised on cultural
productions. It remains unclear as to the role of the Theatrical
Guidance Board, which is said not to censor the theatre but to assist
drama groups presenting their productions for the first time.
E. Suggestions and recommendations
the role of national human rights institutions, the Committee draws
attention to its General Comment 10 on the subject, in which it
notes that, in many cases, such an institution is established by
the Government, enjoys an important degree of autonomy from the
executive and the legislature, takes full account of international
human rights standards applicable to the country concerned, and
is mandated to perform various activities designed to promote and
protect human rights, including economic, social and cultural rights.
Its activities may include monitoring compliance with specific rights
recognized under the Covenant and providing reports thereon to the
public authorities and civil society, and examining complaints alleging
infringements of applicable economic, social and cultural rights
standards within the State. In General Comment 10, the Committee
calls upon States parties to ensure that the mandates accorded to
all national human rights institutions include appropriate attention
to economic, social and cultural rights. Accordingly, the Committee
recommends that Tunisia review its national human rights institutions
in the light of General Comment 10.
Committee strongly recommends that all men, women and children of
both sexes should be enabled to enjoy the right to inherit on a
basis of equality.
Committee suggests that the State party consider ways of monitoring
more closely the incidence of domestic violence, in the light of
which it may need to re-examine its law and policies on this phenomenon.
Committee recommends that the State party continue its efforts,
including through the National Solidarity Fund, to achieve balance
in the development of urban and rural areas. As the Fund appears
to play an important role in rural development, updated information
is requested in the third periodic report.
respect to the general framework within which human rights are protected
and promoted, the Committee considers an independent judiciary to
be an essential instrument for the protection of economic, social
and cultural rights and therefore requests that information be included
on the matter in the third periodic report.
Committee recommends that continued attention be paid to the problem
of unemployment, particularly long-term unemployment. It encourages
the State party, when reviewing its vocational training programmes
or establishing new institutions of higher learning, to take into
consideration the needs of the economy so as to maximize the employment
potential of graduates. In addition, in view of the assertion that
Tunisian law reflects the main concerns of ILO Convention No. 158
on Termination of Employment, the Committee strongly recommends
that this Convention be ratified by the State party. The Committee
recommends that the State party take the necessary measures to ensure
that sentences of forced labour may not be imposed for crimes of
conscience or for participation in strikes declared to be illegal.
Committee recommends that the procedures that have led to the association
of trade unions within a single confederation be reviewed with a
view to guaranteeing, in law and in practice, the right to strike
and protection against infringement of trade union freedoms.
Committee recommends that the State party develop an immediate national
plan of action in order to reduce the disparities of living standards
that exist between the various regions.
Committee recommends that the State party continue to make efforts
to guarantee a basic education to all children, including those
that fail to keep pace with their peers. It recommends that the
problem areas identified in the studies undertaken by the State
party on the phenomenon of drop-out, including inadequacy of pedagogical
tools, excessive numbers of students per class and per teacher,
lack of interest on the part of parents in sending their children
to school and distance between school and home, be addressed, particularly
in the less developed rural areas. The Committee urges the State
party to take all necessary corrective measures, including revising
the minimum age of employment, particularly in agriculture, to address
the problem of students dropping out of colleges and secondary schools.
Further, with regard to article 13, the Committee encourages the
State party to endeavour to establish separate courses on human
rights, particularly at the university level, to make possible in-depth
instruction on human rights. The Committee requests that information
on the activities of the National Commission for Human Rights Education
be included in the third periodic report.
Committee expresses concern at the censorship exercised on cultural
productions. It recommends that the criteria for censorship be made
transparent, in law and in practice, and made fully compatible with
the right of all persons to take part in cultural life.
Committee requests information in the third periodic report on relevant
case law that would aid its assessment of the implementation of
all the rights provided for under the Covenant. It also requests
specific information relating to any obstacles encountered in the
implementation of the Covenant and expresses hope that the report
will be submitted in a timely manner.
the Committee requests the State party to ensure the wide dissemination
in Tunisia of its present concluding observations and to inform
the Committee in its third periodic report of steps taken to implement