Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes the observations of the Tunisian General Labour Union (UGTT) and the International Trade Union Confederation (ITUC), received on 30 August and 17 September 2024, respectively, which refer to the matters examined by the Committee below. The Committee further notes the observations of the International Organisation of Employers (IOE) received on 30 August 2024, reiterating the comments made in the discussion held in the Conference Committee on the Application of Standards (hereinafter the Conference Committee) in June 2024 on the application of the Convention.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 112th Session, June 2024)

The Committee recalls the discussion that took place at the Conference Committee in June 2024 concerning the application of the Convention. The Committee observes that the Conference Committee noted with deep concern the reports of arrests, accusations, criminal prosecutions and administrative measures taken against trade unionists for carrying out activities protected under the Convention. The Committee notes that, in its conclusions, the Conference Committee requested the Government, in consultation with social partners, to: (i) restore an environment conducive to the enjoyment of freedom of association free from intimidations, threats and arbitrary arrests; (ii) ensure that workers’ and employers’ organizations are able to organize their administration and activities and to formulate their programmes in full freedom; (iii) ensure that representatives of independent international workers’ and employers’ organizations are allowed to support their affiliates; (iv) ensure that the Labour Code is brought in conformity with the Convention; and (v) ensure that the determination of representative organizations at sectoral and enterprise level is based on clear, pre-established and objective criteria. The Committee further notes that the Conference Committee invited the Government to seek ILO technical assistance in the implementation of its recommendations and requested the Government, before 1 September 2024, to report to the Committee on all measures taken and progress achieved in this respect, as well as on all outstanding information requested by the Committee.

Environment conducive to the enjoyment of freedom of association. The Committee notes the Government’s reply to the observations made by the UGTT in 2023. The Committee notes, in particular, the Government’s indication that Mr Anis Kaâbi (Secretary General of the trade union representing officials of the Tunisian Motorway Association), who was arrested on charges of wilful infliction of damage on the association (amounting to 450,000 Tunisian dinars or about US$142,000) after opening up motorway lanes free of charge during a strike, had been involved in other judicial proceedings which are unrelated to his trade union activities. The Committee further notes from the information provided by the Government to the Conference Committee that Mr Kaâbi was released on 18 April 2024, even though he is still under a travel ban.

The Committee furthermore recalls that in its 2023 observations, the UGTT indicated that: (i) Ms Esther Lynch, General Secretary of the European Trade Union Confederation (ETUC), was declared “undesirable” by the authorities and was requested to leave the country within 24 hours; and (ii) the authorities banned a delegation of the ITUC from entering the country. The Committee notes with concern that the Government’s comment thereon is limited to a broad statement that any intervention by the authorities on these matters was the result of violations by representatives of international trade unions (namely, an infringement on Tunisia’s sovereignty and independence) and that their presence was tantamount to encroachment upon the country’s autonomy, interference in its internal affairs and a threat to national stability and security. While recognizing that the right to exclude persons from national territory is a matter of a State sovereignty, the Committee considers that any such decision should be based on objective criteria free of anti-trade unionism. The Committee expects the Government to ensure the application of this principle in line with its obligations under the Convention.

The Committee takes note of the most recent UGTT and the ITUC allegations of violations of trade union rights committed by the authorities. In particular, the Committee notes with concern the allegations of arrests, investigations, criminal prosecutions and punishments, as well as other actions taken against trade unionists, based on activities protected under the Convention or on false, fabricated and malicious charges. The Committee notes the ITUC indication in this respect that the Deputy General Secretary in charge of the private sector in the UGTT, Mr Taher Mezzi, was arrested before a protest, with the objective of threatening and weakening the union. The Committee further notes the observation of the ITUC regarding Decree-law 2022-54, which allegedly creates a permanent risk of arrest and conviction for trade unionists carrying out their union responsibilities. The ITUC alleges that the public prosecutor requested a one-year prison sentence for the General Secretary of the trade union of the Ministry of Cultural Affairs for criticising the President on social media. Recalling the essential link between civil liberties and trade union rights and with reference to the Conference Committee’s conclusions, the Committee requests the Government to provide its comments thereon.

Articles 2 and 3 of the Convention. Legislative amendments. The Committee previously urged the Government to take the necessary measures to amend the following sections of the Labour Code: (i) section 242, to ensure that minors who have reached the statutory minimum age for admission to employment (16 years under section 53) are able to exercise their trade union rights without authorization from their parent or guardian; (ii) section 251, to allow foreign workers access to the functions of trade union leadership, at least after a reasonable period of residence in the country; and (iii) sections 376 bis, 376 ter, 387 and 388 concerning restrictions on the exercise of the right to strike (approval of the umbrella organization before declaring a strike, compulsory indication of the duration of the strike in the strike notification and the possibility of imposing penalties in the event of an unlawful strike).

While noting the Government’s indication that it is currently in the process of amending the Labour Code, the Committee once again notes with deep regret that the Government has not reported any progress in amending the above-mentioned legislative provisions in line with its previous comments. The Committee once again urges the Government to take the necessary steps, in response to its longstanding recommendations and in consultation with the social partners, to amend sections 242, 251,376 bis, 376 ter, 387 and 388 of the Labour Code so as to bring it into full conformity with the Convention. The Committee expects the Government to provide detailed information on all progress made in this respect.

The Committee also requested the Government to report on the adoption of a decree for determining the list of essential services, as provided for by section 381 ter of the Labour Code. Noting with regret that the Government does not provide any information in this respect, the Committee once again urges the Government to provide information on all measures taken toward the adoption of the said decree and to send a copy of the decree once it has been adopted.

Representativity criteria. The Committee requested the Government to indicate all measures taken, in consultation with all concerned workers’ and employers’ organizations, to ensure that the determination of the representative organizations at sectoral and enterprise level is based on clear, pre-established and objective criteria. The Committee notes the Government’s indication that it is in the process of finalizing a vision for the system of trade union representation that enjoys consensus among all parties and to that end, it will hold a workshop on the identification of standards for union representation at the sectoral and establishment level in cooperation with the ILO and with the participation of employers’ and workers’ organizations. The Committee expects that the criteria for representativeness at the sectoral and establishment level will be adopted in the near future and requests the Government to provide information on all developments in this regard.