COMMITTEE ON RIGHTS OF CHILD REVIEWS REPORT OF TUNISIA

CRC
30th session
28 May 2002



The Tunisian Minister for Youth says budget allocation
for education, a sector considered strategic,
had been maintained at 20 per cent of the total
national budget since independence



The Committee on the Rights of the Child reviewed today a second periodic report of Tunisia, hearing a Government delegation say that national programmes of action had achieved their targets with regard to child protection.
Introducing the country's report, Abderrahim Zouari, Tunisian Minister of Youth, Children and Sports, said national programmes of action for the survival, protection and development of children had already reached their targets. At the beginning of 1990, the rate of vaccination had been 90 per cent, and it had reached 95 per cent by 2001, he said; and the rate of infant mortality had been reduced from 30.6 per thousand in 1995 to 26 per thousand in 2000, thus exceeding the objective for the decade of 30 per thousand.
The Minister also said the Government budget allocation for education, a sector considered strategic, had been maintained at 20 per cent of the total national budget since independence. Education was free and compulsory for children between 6 and 16 years of age, and 99 per cent of school-age children now had access to education.
In preliminary concluding remarks, Committee Expert Ibrahim Abdul Aziz Al-Sheddi said the Committee had benefited from Tunisia's experience, from its report, and from the presentation made by the five-member Government delegation accompanying the report.
Also representing Tunisia were Hatem Ben Salem, Ambassador and Permanent Representative of Tunisia to the United Nations Office at Geneva; Rached Najjar, of the Ministry of Youth, Children and Sports; Ridha Khemakhem, of the Ministry of Justice; and Hafedh Bouktaief, of the Ministry of Social Affairs.
The Committee's formal conclusions and recommendations on the second period report of Tunisia will be released towards the end of the panel's three-week session on 7 June.
The Committee will reconvene at 10 a.m. Wednesday, 29 May, to begin consideration of a report of Switzerland.

Second Periodic Report of Tunisia
The report (CRC/C/83/Add.1) states among other things that the rights of the child are given attention at the highest Governmental levels; that efforts have been made to develop and expand a broad-based child-friendly culture in the country; that a Child Protection Code introduces child-rights standards into educational curricula at all levels; that programmes for publicizing child rights have been drawn up at national, regional and local levels, with the active participation of civil society; and that a prize is given annually by the President of the Republic to a celebrity, organization or institution that has done distinguished work on behalf of children.
The report also notes that mechanisms and structures have been put in place to coordinate and follow up activities related to child rights and to ensure implementation of the Convention; that other countries of the region on occasion request the support of Tunisia and invite Tunisian experts to collaborate with them in designing national strategies and otherwise to promote child rights; that in the health domain, international cooperation has played an important role during the first two decades following the country's independence; and that the State now takes care of more than 90 per cent of child-related budgetary needs.

Presentation of Report
ABDERRAHIM ZOUARI, Minister of Youth, Children and Sports of Tunisia, said national programmes of action for the survival, protection and development of children had already reached their targets. At the beginning of 1990, the rate of vaccination had been 90 per cent, intended to reach 95 per cent by 2001; the rate of infant mortality had been reduced from 30.6 per thousand in 1995 to 26 per thousand in 2000, thus going beyond the objective of 30 per thousand for the decade.
The budget allocated for education, a sector considered as strategic, had been maintained at 20 per cent of the total national budget since independence, Mr. Zouari said. Education was free and compulsory for children between 6 and 16 years old. Government efforts had allowed 99 per cent of school-age children to have access to school. With regard to child labour, the International Labour Office (ILO) 1995 report had affirmed that no child between 10 and 14 years of age had been engaged in remunerative work in Tunisia.
Mr. Zouari said Government efforts had been accompanied by reforms intended to improve the quality of education, including pedagogic content, to enhance school conditions, and to guarantee free and compulsory education up to the age of 16 years.
At the secondary level, students were trained to master information technology through programmes on computer use, he said. Many high schools and colleges were connected to Internet services, in addition to facilities provided to families who wished to own and operate family computers.
Mr. Zouari said that within the context of the Child Protection Code, enacted in November 1995, important judicial reforms had been made to consolidate the rights of the child in conformity with the provisions of the Convention. The reforms had allowed the participation of parents and civil society in the implementation of necessary mechanisms to protect children from all forms of danger.
Tunisia had adopted ILO Conventions Nos. 138 and 182 on the minimum age for employment and the worst formd of child labour, Mr. Zouari said. Other progress had been achieved through a sustainable social development programme and the allocation of 50 per cent of the Government budget to the various social sectors.

Comments and Questions by Experts on General Principles and the Definition of the Child
An Expert said the report of Tunisia followed the guidelines of the Committee and had been submitted on time. Tunisia had embarked on a mission to improve its protection of the rights of children. The country's ratification of the two Optional Protocols to the Convention was a welcome development. Tunisia's ratification of ILO Convention No. 138 on the minimum age of employment was also a good sign of the State's commitment to fighting child labour. With regard to decisions concerning the rights of the child, which body was following up decisions? Who submitted to high authorities the reports of the evaluation of certain bodies working on behalf of children?
Referring to a Constitutional referendum that had taken place recently, an Expert asked if there would be changes in the status of children under the Constitutional reform. She said decisions on the rights of the child were concentrated within the State apparatus; how did civil society participate in the decision-making process? What measures were taken to consider children as subjects of rights?
Who was responsible for the preparation of the report on children? asked another Expert. There were a number of steps taken to familiarize citizens with the rights of the child, but training had not been provided to law-enforcing agents. What measures were being taken in that area? The new national plan for children was an idea not yet put into effect; what efforts were made to bring it to light?
Another Expert asked if it was the "information observatory" or the "national council for youth" that was monitoring the implementation of the provisions of the Convention. What were the composition and roles of the two bodies? Why was an age limit of 16 made for membership in the youth parliament?
An Expert said Tunisia was a model for promotion of the rights of children. She asked if customary marriage was taking place in the country, and what was the age for such marriages? Other Experts asked, among other things, about a decrease in health budget; the national plan of action for children; and the absence of women in the Tunisian delegation.

Responses of Tunisia
The delegation, responding to the remark made by the Committee on the absence of women in the delegation appearing before it, said Tunisian women actively participated in all aspects of society. They held high ranks in Government, and 12 per cent of deputies in Parliament were women. Thanks to women, Tunisian society was advancing; and they were the ones who guaranteed the social protection of children.
Since implementation of the national plan of action in 1996, six annual reports had been issued, in which significant progress had been shown in the field of education, the delegation said.
The Ombudsman for children was independent and that office was concerned with the implementation of the provisions of the Convention, the delegation said. However, the Ombudsman was under the Ministry of Youth, Children and Sports.
Children had the possibility of using a toll-free phone service -- "Numero Vert" -- to lodge complaints with the police, the delegation said. In addition, other measures were taken to allow children access to services designed for their protection.
Tunisia would host the regional follow-up conference to the General Assembly Special Session on Children for the Arab States, which would design a plan of action for Arab countries on children, the delegation said.
With regard to education, the delegation said the Government had been spending 20 per cent of its national budget on the educational sector. And 50 per cent of the budget overall went to various social sectors. Since education was compulsory, those who failed to send their children to school were held accountable. For that reason, children from 6 to 16 years of age remained in school.
The rate of poverty had dropped to 4 per cent in recent years, the delegation affirmed. Because of the low-rate of child poverty, children were able to attend schools, bringing the rate of school attendance to 99.1 per cent.
There were around 7,000 non-governmental organizations operating in the country, the delegation said. Through the participation of these NGOs in a number of fields, sound results had been achieved. Many NGOs had been working in partnership with the Government, which was committed to strengthening NGO activities, particularly in the protection and promotion of child rights. Every year on 23 April, which was observed as the day of associations and organizations, the work carried out by NGOs was evaluated and assessed.

Comments and Questions on Civil Rights and Freedoms; Family Environment and Alternative Care; Health; Education; and Special Measures
A Committee Member asked about measures taken by the Government to give additional freedom to non-governmental organizations to fulfil the needs and requirements of civil society, particularly relating to children. What other roles did child-welfare delegates play in society? It was reported that the delegates had received 10,000 complaints from children. What had happened to those complaints? Did the Government implement awareness-raising campaigns on how families should treat their children? Tunisian legislation did not allow mothers to transmit their nationality to their children; what would happen to children born of non-Tunisian fathers? Were children protected from harmful Internet content and harmful films?
Another Expert said health services did not appear to be fully accessible to all, particularly in remote areas; did the State ensure equality in medical treatment? What lifestyle was followed in remote regions? Did mothers still deliver their babies at home or did they have access to hospitals? Basic medical treatment was proclaimed to be free but only 44 per cent had free access to health-care services. Concerning disabled children, only a very few had the opportunity to have access to public facilities; what efforts were being made to integrate them into schools and society?
What relations were entertained between the Government and the municipalities in the protection and promotion of child rights? an Expert asked. What was the status of the law on inheritance concerning girl children? The Committee already had cited concern about corporal punishment in the family and in schools; had the Government reacted to the previous recommendations of the Committee on that issue? A very high number of dropouts had been report even at the primary-school level; what measures were being taken to reduce the dropout rate?
Another Expert asked if measures were taken to empower families in fighting poverty. What steps were taken against unwanted pregnancies? When a rape was committed, if the crime could be covered up when the perpetrator ended up in marrying the girl, what about the victim of the rape?
There had been allegations of sexual abuse of children in detention, including the practice of torture; were there special systems under which such reports could be verified and the perpetrators brought to justice? an Expert asked.
Had the Government taken further measures to combat illiteracy? an Expert asked. In 2000, the illiteracy rate had been 27 per cent and the age ranges of individuals remaining illiterate had not been known.
An Expert asked if the Government had put in place measures against sex tourism and commercial sexual exploitation of children; had the Government participated in the Stockholm Conference on commercial sexual exploitation of children? If so, had it taken follow-up measures based on the outcome of the Conference?

Tunisia's Responses
The delegation said the minimum age for marriage for girls was 17 years; for boys it was 18 years. The State was trying to establish non-discriminatory standards on the matter. However, the current situation reflected the reality of custom, which long had limited the minimum age for girls to 15 years. Since Tunisian law was progressive, it had brought the minimum age up to 17 years. Children who reached the age of majority did not need to have parents' approval to marry.
The delegation said the Government was intending to withdraw reservations and declarations it had made to some provisions of the Convention. Other declarations and reservations were being reviewed by competent authorities.
The delegation said child-welfare delegates were present in all areas where child rights were a sensitive issue. These delegates had received 10,000 notifications from civil society and individuals concerning matters related to the rights of the child. The delegates took appropriate measures to protect children from any danger.
Polygamy had been banned in Tunisia with the introduction of formal marriage, the delegation said. During the early 1960s, informal marriage had in effect allowed the practice of polygamy. However, a marriage had been considered legal when it was concluded in the presence of two witnesses and a civil status official.
A law had been adopted last year to allow a Tunisian mother, including one married to non-Tunisian father, to transfer her nationality to her children, the delegation said. The law was the consequence of a long debate that had involved public opinion; and the law had been adopted without any controversy.
Corporal punishment was authorized in certain circumstances by persons "authorized" to practice it, the delegation said. However, any corporal punishment inflicted against a child affecting the health of the child would amount to a criminal act and a penal procedure could be initiated in response.
Tunisian law did not allow a rapist to marry his victim, the delegation said. The law, 224 bis of the Penal Code, stipulated that a rape without accompanying violence was punishable by up to six years' imprisonment.
Concerning food subsidies and allowances to children, these were granted even in cases where a marriage was not valid, the delegation said. In the event of a ruling on divorce, the judge should hear the opinion of the child and alimony was provided to the parent taking custody of the child.
Cases of torture or ill-treatment had always been investigated and the perpetrators punished, the delegation said. Recently, there had been a case of sexual abuse during police custody; the subsequent investigation and judgement had resulted in the imprisonment of the perpetrators for four years, with compensation awarded to the victims.
With regard to disabled children, the delegation said there were only 6,500 children with disabilities attending regular schools. During the school year 2000-2001, there had been 12,092 children with disabilities attending special schools, of which 11,755 were in centres managed by associations.

Preliminary Concluding Remarks by Expert
IBRAHIM ABDUL AZIZ AL-SHEDDI, Committee Expert, said the Committee had benefited from Tunisian experience, from Tunisia's report, and from the presentation made by the delegation. The Committee was satisfied in light of the country's initial and second periodic reports, and it would be more satisfied, he was sure, over progress made by the time Tunisia's next report was submitted. The dialogue had been objective; it had not been a matter of pointing fingers at the shortcomings of the Government but of making suggestions for further improvement.

Remarks by Delegation
ABDERRAHIM ZOUARI (Tunisia) said the country was a booming country that had not yet reached the level of a developed nation The Government had done a lot in many areas, particularly in the health field where significant results had been achieved. Although there were shortcomings in medical care, efforts had been made to improve the situation. The fertility rate was only 2 per cent. The quality of education had been improved, and there had been a reduction in the number of dropouts at all levels of schooling. The Government was working towards national solidarity, thanks to the inspiration of the United Nations.



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