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COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONTINUES REVIEW OF TUNISIAN REPORT ON IMPLEMENTATION OF COVENANT
06 May 1999
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AFTERNOON
HR/ESC/99/19
6 May 1999
The Committee on Economic, Social and Cultural Rights this afternoon continued its consideration of the second periodic report of Tunisia, with the delegation saying that Tunisia held employment as a national priority because it conferred dignity on citizens, formed part of the global approach to human rights and constituted the basic foundation for social stability.
Committee members continued asking the Tunisian delegation about issues pertaining to trade union rights; the right to strike; collective bargaining; unfair dismissal of workers; and minority rights, among other things.
The 8-member delegation was led by Kamel Morjane, Permanent Representative of Tunisia to the United Nations Office at Geneva, and included representatives of the Ministries of Foreign Affairs, Economic Development, Social Affairs, Women and Family, and institutions related to education.
Tunisia is among the 139 State parties to the International Covenant on Economic, Social and Cultural Rights and is obliged to present periodic reports to the Committee on how it is implementing the provisions of the treaty.
When the Committee reconvenes at 10 a.m. on Friday, 7 May, it is expected to conclude its consideration of the second periodic report of Tunisia.
Discussion
Committee members continued querying the Tunisian delegation on issues pertaining to trade union rights; the right to strike; collective bargaining; unfair dismissal of workers; and the rights of minorities, among other things.
In response to questions pending from this morning and to queries put by the Committee this afternoon, the delegation said that Tunisia held employment as a national priority because it conferred dignity on citizens, formed part of the global approach to human rights and constituted the basic foundation for social stability. In addition, the Government had reformed and strengthened investment incentive measures while simultaneously improving the environment for investment and enterprise.
Concerning the role of women, the Tunisian delegation emphasized that women in Tunisia retained the right to own movable and immovable property in the same way as men and to dispose freely of such property. They could obtain bank loans for land or home purchase without their husbands' consent and could thus acquire land and immovable property.
A question was asked about the existence of only one trade union in the country, to which the delegation stressed that there was no legal provision prohibiting the formation of other trade unions. Nevertheless, the long history of the Union generale tunisienne de travail (UGTT), which was the only workers' trade union organization in Tunisia and which remained strong and influential, might have played a role in discouraging other trade unions to emerge. UGTT was created in 1920 by Tunisians during the French colonial era. At present, this trade union continued to be powerful and strong.
Regarding unfair dismissal of employees, the delegation affirmed that Tunisian legislation on unfair dismissal was geared towards protecting the worker. Moreover, regulation of the contract of employment by the labour code enabled both parties to be informed of their rights and obligations, thus reducing the number of unfair dismissals. With a view to avoiding illegal dismissals, a series of measures had been adopted in contractual law, such as the establishment of legal procedures for punishments in order to ensure that disciplinary punishments were commensurate with the seriousness of any mistake committed by workers.
An expert noted that the Tunisian Government fixed minimum wage by means of a decree and invited the delegation to comment on that. The delegation said that the role of the Government was limited to the publishing of the outcome of collective agreements reached between social partners in the official gazette. Since 1990, it was the social partners, involving the employer and employees, who collectively bargained to fix the minimum wage. It was, however, the Ministry of Social Affairs which approved the collective agreements before they were published as official documents.
Some experts asked the delegation to provide further information about allegations that prisoners opposed to the current political order were subjected to forced labour in prisons. The delegation said it would give the answer tomorrow.
A question was also raised on the rights of minorities in Tunisia, to which the delegation responded that there were no visible minorities in Tunisia which required special attention among the population of 9 million. The only two small communities were the Jewish and Christian ones. The Jewish community used to be represented in the country's parliament. However, since many of them had left the country, they were no longer visible in the higher echelon of political positions. In addition, senior political positions also required candidates to be Tunisian and Muslim.
HR/ESC/99/19
6 May 1999
The Committee on Economic, Social and Cultural Rights this afternoon continued its consideration of the second periodic report of Tunisia, with the delegation saying that Tunisia held employment as a national priority because it conferred dignity on citizens, formed part of the global approach to human rights and constituted the basic foundation for social stability.
Committee members continued asking the Tunisian delegation about issues pertaining to trade union rights; the right to strike; collective bargaining; unfair dismissal of workers; and minority rights, among other things.
The 8-member delegation was led by Kamel Morjane, Permanent Representative of Tunisia to the United Nations Office at Geneva, and included representatives of the Ministries of Foreign Affairs, Economic Development, Social Affairs, Women and Family, and institutions related to education.
Tunisia is among the 139 State parties to the International Covenant on Economic, Social and Cultural Rights and is obliged to present periodic reports to the Committee on how it is implementing the provisions of the treaty.
When the Committee reconvenes at 10 a.m. on Friday, 7 May, it is expected to conclude its consideration of the second periodic report of Tunisia.
Discussion
Committee members continued querying the Tunisian delegation on issues pertaining to trade union rights; the right to strike; collective bargaining; unfair dismissal of workers; and the rights of minorities, among other things.
In response to questions pending from this morning and to queries put by the Committee this afternoon, the delegation said that Tunisia held employment as a national priority because it conferred dignity on citizens, formed part of the global approach to human rights and constituted the basic foundation for social stability. In addition, the Government had reformed and strengthened investment incentive measures while simultaneously improving the environment for investment and enterprise.
Concerning the role of women, the Tunisian delegation emphasized that women in Tunisia retained the right to own movable and immovable property in the same way as men and to dispose freely of such property. They could obtain bank loans for land or home purchase without their husbands' consent and could thus acquire land and immovable property.
A question was asked about the existence of only one trade union in the country, to which the delegation stressed that there was no legal provision prohibiting the formation of other trade unions. Nevertheless, the long history of the Union generale tunisienne de travail (UGTT), which was the only workers' trade union organization in Tunisia and which remained strong and influential, might have played a role in discouraging other trade unions to emerge. UGTT was created in 1920 by Tunisians during the French colonial era. At present, this trade union continued to be powerful and strong.
Regarding unfair dismissal of employees, the delegation affirmed that Tunisian legislation on unfair dismissal was geared towards protecting the worker. Moreover, regulation of the contract of employment by the labour code enabled both parties to be informed of their rights and obligations, thus reducing the number of unfair dismissals. With a view to avoiding illegal dismissals, a series of measures had been adopted in contractual law, such as the establishment of legal procedures for punishments in order to ensure that disciplinary punishments were commensurate with the seriousness of any mistake committed by workers.
An expert noted that the Tunisian Government fixed minimum wage by means of a decree and invited the delegation to comment on that. The delegation said that the role of the Government was limited to the publishing of the outcome of collective agreements reached between social partners in the official gazette. Since 1990, it was the social partners, involving the employer and employees, who collectively bargained to fix the minimum wage. It was, however, the Ministry of Social Affairs which approved the collective agreements before they were published as official documents.
Some experts asked the delegation to provide further information about allegations that prisoners opposed to the current political order were subjected to forced labour in prisons. The delegation said it would give the answer tomorrow.
A question was also raised on the rights of minorities in Tunisia, to which the delegation responded that there were no visible minorities in Tunisia which required special attention among the population of 9 million. The only two small communities were the Jewish and Christian ones. The Jewish community used to be represented in the country's parliament. However, since many of them had left the country, they were no longer visible in the higher echelon of political positions. In addition, senior political positions also required candidates to be Tunisian and Muslim.