Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s brief report which indicates that issues related to indigenous and tribal populations do not arise in Tunisia. In addition, the Government indicates that under article 6 of the Constitution all Tunisians have equal rights and duties and are equal before the law.

While noting these indications, the Committee also notes that the 2003 Report of the Working Group of Experts on Indigenous Populations/Communities of the African Commission on Human and Peoples’ Rights has addressed the situation of the Berbers (Amazigh) of North Africa which identify themselves as indigenous peoples. The Working Group refers to estimates according to which 5 per cent of the population of Tunisia are believed to be Amazigh.

The Committee recalls that the Convention has been revised by the Indigenous and Tribal Peoples Convention, 1989 (No. 169) which is oriented towards respect for and protection of indigenous and tribal peoples’ cultures, ways of life and traditional institutions. As indicated in its 1992 general observation, the Committee therefore encourages the Government to consider ratifying Convention No. 169.

The Committee notes that pending such consideration, the Government remains under the obligation to give effect to the provisions of Convention No. 107 which remain relevant, including Articles 5, 7 and 11, or any other provisions which may be applied while respecting generally accepted human rights principles pertaining to indigenous and tribal peoples. The Committee requests the Government to provide information on the application of the relevant provisions of the Convention, including information on the measures taken to seek the collaboration of representatives of any populations which fall under the scope of the Convention as envisaged in Article 5(a).

[The Government is asked to reply in detail to the present comments in 2010.]