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

The Committee notes the information supplied by the Government in its report.

1. In its previous comments, the Committee referred to:

- Legislative Decree No. 62-17 of 15 August 1962, under which any male person who without just cause refuses to work may be directed to rehabilitation through work on state worksites; and

- Act No. 78-22 of 8 March 1978 to establish civic service, under which any Tunisian between 18 and 30 years of age who cannot show that he has a job or is registered in an educational or vocational training establishment may be assigned, for one year or longer, to economic and social projects or rural or urban development projects, under penalty of compulsory rehabilitation through work in the event of refusal or desertion.

The Committee notes with interest the Government's statement in its report that the President of the Republic ordered, on 17 July 1993, the preparation of a draft text to abolish the penalty of rehabilitation through work established under Legislative Decree No. 62-17 of 15 August 1962. This decision forms part of the continuous action undertaken since 7 November 1987 to reinforce individual freedoms and safeguard human dignity.

The Committee requests the Government to supply information on the progress achieved in this work and the text of the provisions that are adopted to bring the above Legislative Decree and Act into conformity with the Convention.

2. In its previous comments, the Committee noted that by virtue of section 3 of Act No. 89-51 of 14 March 1989 respecting military service, conscripts may, following basic military training and once the requirements of the units of the armed forces have been satisfied, be assigned collectively to the internal security forces and to development units, or individually to the public administration, to enterprises or to technical cooperation activities. Citizens who are not subject to national service obligations may be called up individually as civilian conscripts, except in cases of absolute physical incapacity, to be employed in cases of necessity in the administrative, economic, social and cultural services.

The Committee refers to Article 2, paragraph 2(a), of the Convention and to Article 1(b) of Convention No. 105, as well as to paragraphs 24 to 33 and 49 to 62 of its 1979 General Survey on the Abolition of Forced Labour, in which it examined the obligations flowing from the Conventions in this respect and described the problems arising from the use of recruits for non-military purposes. The Committee hopes that the Government will take the necessary measures to ensure the observance of the Convention in this respect.

The Committee notes that the Government's report does not contain information on this subject. It once again hopes that the Government will indicate the measures which have been taken or are envisaged to bring the provisions in question into conformity with the Convention.