Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Indigenous and Tribal Populations Convention, 1957 (No. 107) - Tunisia (Ratification: 1962)

Articles 1 and 3 of the Convention. Identification and protection. The Committee notes that the Government reiterates in its report that Tunisian society is homogeneous and its recent history does not contain any evidence of racial discrimination. The Government refers to article 23 of the Constitution, according to which male and female citizens are all equal before the law without any discrimination, and also to Act No. 50 of 23 October 2018 concerning the elimination of all forms of racial discrimination. The Committee notes that, under section 3 of this Act, “the State shall fix the policies, strategies and action plans to prevent racial discrimination in all its forms and practices and to combat all racist stereotypes circulating in various circles. It also undertakes to disseminate the culture of human rights, equality, tolerance and acceptance of others among the different components of society”. The Government indicates that a number of measures have been taken to recognize and protect the rights of the Amazigh (Berber) population and refers in particular to efforts to encourage academic research into Amazigh culture and history and to support festivals and cultural events which showcase Amazigh culture, such as Amazigh heritage days and measures to protect and raise the profile of historical and archaeological sites linked to Amazigh culture.

The Committee notes the Government’s indication, in its report of 16 December 2022 to the United Nations (UN) Committee on the Elimination of Racial Discrimination (CERD), that: (1) the Amazigh population constitutes an important part of the Tunisian social fabric; (2) the National Institute of Statistics (INS) does not have statistical data on the ethnic composition of the population; and (3) the Amazigh (Berber) population is mainly present on the island of Djerba, in Tataouine (Chenini and Douiret), Matmata (Zraoua and Taoujout), Gafsa and Zaghouan, and in numerous small villages throughout the country, as well as in several towns and villages along the border with Algeria, such as Tebessa, El Kef and Siliana (CERD/C/TUN/20-22, paras 14, 30 and 150). The Committee also notes that the UN Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 2 March 2023, noted with concern that the Amazigh culture and language is disappearing among the younger generation, and civil registrars still often refuse to register Amazigh names on birth certificates, even though Amazigh parents have the right to give Amazigh names to their children under the legislation in force (CEDAW/C/TUN/CO/7, 2 March 2023). The Committee requests the Government to provide information on the measures taken, particularly in the context of the application of Act No. 50 of 2018, to protect and promote the institutions, persons, property and culture of the Amazigh population, in accordance with Article 3 of the Convention. The Committee also encourages the Government to collect information on the Amazigh population, including its socio-economic situation, in order to define the most appropriate measures to recognize, protect and promote the social and cultural identity and the traditions of this population, and to provide information in this respect.

Articles 2, 5 and 6. Coordinated and systematic action to protect and promote the social, economic and cultural development of the populations concerned.Recalling the importance of coordinated and systematic action to protect the populations concerned and promote their social, economic and cultural development, the Committee requests the Government to indicate the manner in which it ensures that the programmes adopted form part of coordinated and systematic action, and that the collaboration of the Amazigh population and its representatives has been sought. The Committee also requests the Government to provide information on the programmes implemented and their impact.

Article 11 and 12. Land. The Government indicates that in the regions where the Amazigh population is present, land property rights can be both individual and collective. The forms of recognition of these rights vary according to local practices and the laws in force. The Government also indicates that there have been no cases of displacement (removal). While noting these indications, the Committee requests the Government to provide more detailed information on the recognition of collective and individual land property rights of the Amazigh population and the legislation, and also on the local practices on which this recognition is based, including, if applicable, the number of land titles granted or refused and any pending applications for recognition.

Article 15. Recruitment and conditions of employment. The Committee refers to its direct request regarding the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Articles 16–18. Vocational training, handicrafts and rural industries. The Government indicates that the Tunisian Vocational Training Agency (ATFP) establishes vocational training programmes for the whole population, including Amazigh communities, but that there are no specific programmes catering for this population. The Committee requests the Government to indicate the measures taken to ensure that existing training programmes meet the needs of the Amazigh population, the number of Amazigh men and women taking part in these programmes, and the results achieved (for example, access to employment). The Committee also once again requests the Government to indicate the manner in which traditional handicrafts are promoted and encouraged as a factor of economic development among this population.

Articles 21–26. Education and means of communication. The Committee notes the Government’s indication, in its report to the UN Committee on the Elimination of Racial Discrimination (CERD), that it was planned to include the study of Amazigh culture from 2024 in official school curricula through cultural activities (CERD/C/TUN/20–22, para. 152). The Committee also notes that the UN Committee on the Elimination of Discrimination against Women (CEDAW) indicates that the Amazigh language is not taught in schools (CEDAW/C/TUN/CO/7, para. 53). In this regard, the Committee recalls the obligations arising from Article 23(1) of the Convention The Committee once again requests the Government to provide information on access to education in the regions where Amazigh populations are located, and on measures taken to safeguard the Amazigh language and to ensure that it is taught.

Prospects of ratification of the more up-to-date Convention. The Committee notes that the ILO Governing Body, on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG) at its ninth meeting (September 2024), confirmed the classification of Convention No. 107 in the category of outdated instruments, and decided that Member States for which Convention No. 107 is currently in force, should be encouraged to ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which is the most up-to-date instrument in this subject area. The Committee encourages the Government to follow up onthe Governing Body’s decision and to consider the possibility of ratifying Convention No. 169. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance and support in this regard.