Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Tunisia (Ratification: 1989)

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

Articles 2, 3, 5 and 7 of the Convention. National policy. Consultations. Access of persons with disabilities to the labour market. Access to vocational guidance and training services. In its previous comment, in view of the changes that had occurred in the country, the Committee asked the Government to provide information on the manner in which the national policy on the rehabilitation of persons with disabilities is implemented and periodically reviewed. The Committee also asked the Government to provide information on the impact of the measures taken to promote the employment of persons with disabilities, as well as an evaluation of the vocational guidance and training services for persons with disabilities. The Government indicates in its 2022 report that, under Framework Act No. 2005-83 of 15 August 2005 on the promotion and protection of persons with disabilities: (i) 3 per cent of training positions in public vocational training centres are reserved for the training of persons with disabilities; (ii) private enterprises employing 100 or more workers allocate 2 per cent of their jobs to persons with disabilities; and (iii) 2 per cent of civil service recruitments are prioritized for candidates with disabilities. In this regard, the Government reports that since 2011 the Ministry of Social Affairs has opened competitions to candidates with disabilities on three occasions (in 2012, 2014 and 2016), enabling 590 persons with disabilities to enter the civil service. The Government adds that Decree No. 2019-542 of 28 May 2019, establishing the programmes of the national employment fund, has been adopted, containing incentives for the employment of persons with disabilities, such as exemption from employer and worker charges and granting of funds to the employers concerned. However, the Government has not provided a copy of the Decree. It also states that 5 per cent of the funds of the “Programme for the economic empowerment of persons in vulnerable categories” have been allocated to persons with disabilities. While duly noting the above information, the Committee notes that the United Nations (UN) Committee on the Rights of Persons with Disabilities (CRPD), in its concluding observations of 17 April 2023, expressed concern in particular about: (i) the lack of compliance with the laws on the employment of persons with disabilities, in particular Framework Act No. 2005-83, which provides for a quota system; (ii) the fact that the majority of persons with disabilities who are employed are in the informal sector, where they are subjected to precarious working conditions, low wages and no social protection; and (iii) allegations that unemployment among persons with disabilities is associated with inequalities in access to training. The CRPD also noted with concern that small business start-up grants for persons with disabilities have not been effective enough, given the difficulties of inclusion in the world of work and the increased costs often linked to disabilities (CRPD/C/TUN/CO/2-3, paragraphs 47–49). In view of the foregoing, the Committee urges the Government to provide detailed information on the steps taken to ensure that the measures relating to vocational training and employment for persons with disabilities are implemented and observed, particularly with regard to quotas. In the absence of information on this matter, the Committee also reiterates its requests to the Government to provide information on the manner in which the national policy on the rehabilitation of persons with disabilities is periodically reviewed, in consultation with the social partners and the representative organizations of persons with disabilities, including with regard to measures to subsidize small enterprises for persons with disabilities. The Committee also reiterates its request to the Government to provide information on the evaluation of vocational guidance and training services for persons with disabilities. It requests the Government to provide detailed, up-to-date information on the measures taken or envisaged to ensure that persons with disabilities actually have access to these services, including in rural areas, and are the recipients of vocational guidance and training aligned to employment prospects. The Committee further requests the Government to provide detailed, up-to-date statistics, including statistics disaggregated by sex, age and area (urban, rural), on vocational training, unemployment and decent sustainable employment, including in the private sector, of persons with disabilities. Lastly, the Committee requests the Government to send a copy of Decree No. 2019-542 of 28 May 2019 establishing the programmes of the national employment fund.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 2, 3 and 7 of the Convention. National policy. Access of persons with disabilities to the open labour market. Services provided to persons with disabilities. In its report, the Government indicates that, for the school year 2014–15, the number of persons with disabilities who received training in specialized institutions was around 4,800 for all types of disabilities, distributed among 314 specialized centres operated by 137 associations working in the field of disability. Vocational training is provided in the seven specialized public centres of the Ministry of Social Affairs, where a range of courses are offered to trainees in specific trades, such as pottery, leather work and carpentry. The Government adds that, when selecting courses, the capacities and incapacities of disabled trainees, as well as their choices and interests, are taken into account. In view of the changes that have occurred in the country, the Committee requests the Government to provide information on the manner in which the national policy on the rehabilitation of persons with disabilities is implemented and periodically reviewed. The Committee also requests the Government to provide information on the impact of the measures taken to promote the employment of persons with disabilities on the open labour market, as well as an evaluation of the vocational guidance, vocational training, placement, employment and other related services intended to enable persons with disabilities to secure, retain and advance in employment.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Implementation of a national policy. The Committee notes the information provided by the Government in its report received in November 2009, and particularly the adoption of Framework Act No. 2005-83 of 15 August 2005 on the promotion and protection of persons with disabilities which is intended to consolidate vocational training and employment for persons with disabilities. The Committee invites the Government to continue providing information in future reports on the application of the Convention in practice, including updated data, such as statistics and other relevant data (disaggregated as much as possible by age, sex and the nature of the disability), extracts from reports, studies and inquiries concerning the matters covered by the Convention (Part V of the report form).

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Implementation of a national policy. The Committee notes the information provided by the Government in its report received in November 2009, and particularly the adoption of Framework Act No. 2005-83 of 15 August 2005 on the promotion and protection of persons with disabilities which is intended to consolidate vocational training and employment for persons with disabilities. The Committee invites the Government to continue providing information in future reports on the application of the Convention in practice, including updated data, such as statistics and other relevant data (disaggregated as much as possible by age, sex and the nature of the disability), extracts from reports, studies and inquiries concerning the matters covered by the Convention (Part V of the report form).

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s report received in August 2004, and in particular of Act No. 93-10 of 17 February 1993 on vocational guidance and vocational training. The Government indicates that the above Act contains no reciprocity requirement and therefore establishes unconditional equality of opportunity between Tunisian and foreign persons with disabilities in access to vocational training. The Committee asks the Government to continue to provide information on the measures taken in the context of the national policy on vocational rehabilitation and employment of disabled persons (Articles 3 and 7 of the Convention) and to provide up-to-date information on the practical effect given to the Convention, in accordance with Part V of the report form.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s report. In particular, it notes with interest that Law No. 93-10 of 1993 provides for unconditional equality of treatment between national and non-national persons with disabilities in the area of training. It would appreciate receiving a copy of this law, and of being kept informed of the progress made in concluding bilateral agreements with all of the relevant countries and eventually extending rehabilitation services unconditionally to non-national disabled persons.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in answer to its previous comments, particularly concerning the operation of the regional committees for the disabled and the activities of the Institute for the Advancement of the Disabled. It also notes from the Government's report that an inter-departmental committee has been established within the Ministry of Social Affairs, made up of representatives from other ministries and from associations of disabled persons. The Government indicates that the above Committee is responsible, in particular, for evaluating programmes for the training and occupational integration of the disabled and for proposing the broad lines of a national policy for the occupational integration of the disabled.

Article 1, paragraph 4, of the Convention. The Committee noted in its previous direct request that section 5 of Act No. 81-46 of 29 May 1981 respecting the advancement and protection of disabled persons, amended by Act No. 89-52 of 14 March 1989, provided that any measures taken for the protection of disabled persons in the context of this Act were extended to foreign disabled persons residing in Tunisia subject to reciprocity with their country or origin. In its latest report, the Government states that this provision excludes only nationals from countries which treat Tunisians differently from their own nationals. With reference to its previous comments, the Committee must recall that under this provision of the Convention the legislation must apply to all categories of disabled persons, without any condition of reciprocity, including on the basis of nationality. The Committee once again expresses the hope that the Government will not fail to take the necessary steps to bring the national legislation into full conformity with the Convention on this point.

Part V of the report form. Please continue to provide general information on how the Convention is applied, including statistics, extracts of reports, studies or surveys on the subjects covered by the Convention. Please provide, for example, a copy or relevant extracts of the report to be submitted by the Central Council for the Disabled under Decree No. 88-2051 of 22 December 1988 on the evaluation of the situation of disabled persons and its proposals for the policy on the subject. The Committee would also appreciate information on the evaluations conducted by the inter-departmental committee mentioned above, and on the respective attributions of the Central Council for the Disabled and the above Committee.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the information supplied by the Government in its first report on the application of the Convention. It notes in particular that "the vocational training, employment and social and economic integration of the disabled is a national responsibility" by virtue of Act No. 81-46 of 29 May 1981, and that the law and regulations appear to be generally in conformity with the provisions of the Convention. It would be grateful if the Government would, however, supply additional information in its next report on the following points:

Article 1, paragraph 4, of the Convention. The Committee notes that section 5 of Act No. 81-46 of 29 May 1981 respecting the promotion and protection of disabled persons, as amended by Act No. 89-52 of 14 March 1989, provides that the measures taken for the protection of disabled persons within the framework of this Act also cover foreign disabled persons residing in Tunisia subject to reciprocity with their country of origin. The Committee notes in this respect that by virtue of this provision of the Convention, the law shall apply to all categories of disabled persons, without any condition of reciprocity, including on the basis of nationality. The Committee hopes that the Government will take the necessary measures to bring the national legislation into full conformity with the Convention on this point.

Article 7. The Committee notes the information supplied by the Government concerning the vocational guidance and placement services for the blind and sight impaired. Please describe the measures which have been taken with a view to providing and evaluating vocational guidance, placement and employment services for other categories of disabled persons. Please indicate the extent to which existing services for workers generally are used with necessary adaptations.

Point V of the report form. Please supply general information on the manner in which the Convention is applied in practice, including statistics, extracts from reports, studies and inquiries, concerning the matters covered by the Convention. Please, for example, supply a copy or relevant extracts of the report which the Higher Council for Disabled Persons has to submit, by virtue of Decree No. 88-2051 of 22 December 1988, on the evaluation of the situation of disabled persons and its policy proposals in this respect. Please supply the information which is considered appropriate on the activities undertaken by the Institute for the Promotion of Disabled Persons, which was established by Decree No. 90-2061 of 10 December 1990, in relation to the measures envisaged by the Convention.