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Tunisia
Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In 1992, the Government of Tunisia established amulti-sectoral National Plan of Action for the Survival, Protection, andDevelopment of the Child.[4378] The Ministry of Youth and Children, Ministry of Social Affairs and Solidarity,Ministry of Education and Training, and the National Institution for theProtection of Children were among the participants in the development of theplan.[4379] In April 2002, a law completing the Child Protection Code was adopted by theChamber of Deputies, creating a “Parliament of the Child” that teaches childrencivic responsibility.[4380] In September of the same year, the Cabinet was reorganized, and two ministrieswere given responsibility for children’s rights, the Ministry of Women, Family,and Childhood Affairs, and the Ministry of Culture, Youth, and Leisure.[4381]
In 2000, the World Bank approved a USD 99 million loan foran Education Quality Improvement Project designed to facilitate the Ministry ofEducation’s efforts to promote primary and secondary education. This projecttargets students at these levels who are at risk of dropping out of school orrepeating classes.[4382] UNICEF is working with the government to implement educational projects,including gender-based initiatives, and promote children’s rights.[4383] UNICEF is also coordinating with the World Bank and the European Union topromote quality education and support priority education zones.[4384]
Incidence and Nature of Child Labor
In 2000, UNICEF estimated that 2.1 percent of the childrenages 5 to 15 years in Tunisia were working.[4385] Slightly more boys than girls were working, and the incidence of children whoworked in the rural areas was also higher than in urban areas.[4386] Approximately 71.4 percent of working children worked more than 4 hours perday, and over half worked during school hours, which was found to increase therisk of dropout from or failure in school. Nearly half of working children whowere paid for their services spent their salaries on family necessities.[4387] Children work in rural agriculture and as vendors in urban areas, mainly duringschool vacations.[4388] There are also reports of child labor in the handicraft industry disguised asapprenticeships, and of families placing teenage girls as household domesticsin order to collect their wages.[4389]
Education is compulsory and free between the ages of 6 and16.[4390] In 2000, approximately 96 percent of 6 year old children were enrolled inschool.[4391] In 2000, the gross primary enrollment rate was 117.3 percent (114.7 percent forgirls and 119.8 percent for boys) and the net primary enrollment rate was 99.2percent.[4392] In 2000, 94.4 percent of children ages 6 to 12 attended school. Attendance inurban areas is higher than in rural areas (97.2 percent and 90.5 percentrespectively).[4393] The attendance rate for adolescents between the ages of 13 and 19 years was66.1 percent.[4394] In 1999, 93.1 percent of children enrolled in primary school reached grade 5.[4395]
Child Labor Laws and Enforcement
The Labor Code of 1966 sets the minimum age for employmentat 16 years with a number of exceptions.[4396] The age of 13 years is set for light agricultural and light non-industrialwork, provided that the work does not pose a health hazard or interfere withthe child’s development or education.[4397] Under the Labor Code, children may work as apprentices or through vocationaltraining programs at age 14.[4398] In addition, children under 16 years of age may work in family-run businessesas long as the work does not interfere with school or pose a threat to thechild’s health.[4399] The age of 18 years is established for hazardous work.[4400] The hours that children below the age of 18 are permitted to work are regulatedby the Ministry of Social Affairs and Solidarity.[4401]In 1995, the Government of Tunisia passed the Child Protection Code, whichprotects children under 18 years from abuse and exploitation, includingparticipation in wars or armed conflicts, prostitution, and hazardous laborconditions.[4402] Labor inspectors from the Ministry of Social Affairs and Solidarity areresponsible for enforcing labor laws, including child labor laws.[4403] Forced and bonded labor by children is prohibited by law, and the prohibitionis generally effectively enforced.[4404]
The Government of Tunisia ratified ILO Convention 138 onOctober 19, 1995 and ILO Convention 182 on February 28, 2000.[4405]
[4378]Government of Tunisia, Multiple Indicator Cluster Survey (MICS) Report: Tunisia, UNICEF, 2000, 7 [cited August 11, 2003]; available from http://www.childinfo.org/MICS2/newreports/tunisia/tunisia.pdf.
[4379]Ibid., 7-8.
[4380]U.S. Department of State, Country Reports on Human Rights Practices- 2002: Tunisia, Washington, D.C., March 31, 2003, Section 5; available from http://www.state.gov/g/drl/rls/hrrpt/2002/18290.htm.
[4381]A secretary of state in each ministry is responsible for guaranteeing children’s rights. See Ibid.
[4382] World Bank, Project Appraisal Document on a Proposed Loan in the Amount of US $99 Million to the Republic of Tunisia for the First Phase of the Education Quality Improvement Program (EQIP), [online] 2000 [cited August 11, 2003]; available from
http://www.wds.worldbank.org/servlet/WDSContentServer/WDSP/IB/2000/07/07/000094946_00061705502666/ Rendered/PDF/multi_page.pdf. See also World Bank, Education Quality Improvement Project, November 5, 2003 [cited November 5, 2003]; available from http://web.worldbank.org/external/projects/main?pagePK=104231&piPK=73230&theSitePK=40941&menuPK=228424&Projectid=P050945.
[4383] UNICEF’s 1997-2001 Programme of Cooperation includes health, education, and children’s rights components. See UNICEF, UNICEF in Tunisia, [online] 2001 [cited August 29, 2002]; available from http://www.unicef.org/programme/countryprog/mena/tunisia/mainmenu.htm. UNICEF Global Girls’ Education Program is implemented in specific regions of Tunisia to assist teachers to reduce gender disparities in learning achievement. See UNICEF, Global Girl's Education Programme: Country Highlights, [previously online] 2000 [cited August 29, 2002]; available from http://www.unicef.org/efa/girlsed.htm#Tunisia [hard copy on file].
[4384]UNICEF, At a glance: Tunisia, [online] August 10, 2003 [cited August 11, 2003]; available from http://www.unicef.org/infobycountry/Tunisia.html.
[4385] Children who are working in some capacity include children who have performed any paid or unpaid work for someone who is not a member of the household, who have performed more than four hours of housekeeping chores in the household, or who have performed other family work. See Government of Tunisia, MICS Report: Tunisia, 83.
[4386] Ibid.
[4387] Ibid., 89-90.
[4388]U.S. Department of State, Country Reports- 2002: Tunisia, Section 6d.
[4389]Ibid.
[4390]Ibid., Section 5. See also UN, Country Profiles on the Situation of Youth: Tunisia, [database online] [cited June 19, 2003]; available from http://esa.un.org/socdev/unyin/countrya.asp?countrycode=tn.
[4391]Government of Tunisia, MICS Report: Tunisia, 67.
[4392]World Bank, World Development Indicators 2003 [CD-ROM], Washington, D.C., 2003.
[4393]Government of Tunisia, MICS Report: Tunisia, 69.
[4394]Ibid., 70.
[4395]World Bank, World Development Indicators 2003.
[4396]Code du Travail, 1966, Loi no. 66-27, (April 30, 1966), Article 53 [cited August 12, 2003]; available from http://natlex.ilo.org/scripts/natlexcgi.exe?lang=E.
[4397]Children under 16 years my not engage in light non-industrial and light non-agricultural work for more than two hours per day, and the combined time spent in school and at work cannot exceed seven hours per day. See Ibid., Articles 55-56.
[4398]Ibid., Articles 52-53.
[4399]Ibid., Article 54.
[4400]Ibid., Article 58. This article prohibits work that is a danger to the health, safety, or morality of children, and authorizes the Ministry of Social Affairs to determine the jobs that fall in this category. See also U.S. Embassy-Tunis, unclassified telegram no. 2138, August 2003.
[4401]Code du Travail, Article 65. Article 65 prohibits children under 14 years of age from working in nonagricultural jobs between 8 p.m. and 8 a.m. Article 66 prohibits children between 14 and 18 years of age from working in non-agricultural jobs from 10 p.m. to 6 a.m. For agricultural work, Article 74 states that children under 18 years must have fixed rest periods and cannot work between 10 p.m. and 5 a.m.
[4402]Loi No. 95-92, 1995, Relative a la publication du code de la protection de l'enfant, (November 9, 1995), Articles 2, 18, 20, 25, and 26 [cited December 18, 2002]; available from http://natlex.ilo.org/scripts/natlexcgi.exe?lang=E. See also U.S. Embassy-Tunis, unclassified telegram no. 2138.
[4403]Code du Travail, Articles 170-71.
[4404]U.S. Department of State, Country Reports- 2002: Tunisia, Section 6d.
[4405] ILO, Ratifications by Country, in ILOLEX, [database online] [cited July 1, 2003]; available from http://www.ilo.org/ilolex/english/newratframeE.htm.