Committee on Economic, Social and Cultural Rights reviews third report of Tunisia

Committee on Economic, Social and Cultural Rights 

23 September 2016

The Committee on Economic, Social and Cultural Rights today concluded its consideration of the third periodic report of Tunisia on its implementation of the provisions of the International Covenant on Economic, Social and Cultural Rights.

Presenting the report, Mehdi Ben Gharbia, Minister of Relations with Constitutional Bodies, Civil Society and Human Rights, stated that Tunisia had ratified all relevant international treaties safeguarding human rights.  The Government had taken a strategic decision to fulfill its international obligations in the aftermath of the revolution.  The 2014 Constitution enshrined economic, social and cultural rights, and recognized the human rights principles.  The Constitutional Court would be established in the months to come.  In 2015, the Social Dialogue Council had been established, and the Social Pact had been adopted to give impetus to the ongoing economic and social reforms.  The Human Rights Commission had also been established.  The Economic Solidarity Law had been adopted, as well as the Law on Social Protection.  Consultations on national level had been undertaken to improve the education system and partnership agreements with numerous universities had been developed in order to improve the chances of graduates to enter the labour market.  There was increased readiness in Tunisia to conduct democratic reforms, so the recommendations produced by the Committee would be welcomed and considered in a constructive spirit.

During the interactive dialogue, Experts raised a series of questions on several cross-cutting issues: gender equality, the poverty rate and regional disparities and the access to information and availability of statistics in order to assess progress.  The delegation was asked about the status of several important laws, the impact of free trade agreement on economic, social and cultural rights, as well as about the possibility of the Covenant to be invoked directly before the courts.  The issues of fight against corruption, protection of vulnerable groups, and access to health, social security and education were all thoroughly discussed.

In closing remarks, Mr. Ben Gharbia stated that questions and comments would be taken on board so that Tunisia could be more effective in the implementation of economic, social and cultural rights. 

Olivier de Schutter, Committee Chairperson and Country Rapporteur for Tunisia, in his concluding remarks, thanked the Tunisian delegation for the high-level dialogue. With many legislative reforms and bills to be adopted, the country was moving in the right direction, and it should continue to do so at a quick pace.

The delegation of Tunisia included representatives of the Ministry of Relations with Constitutional Bodies, Civil Society and Human Rights, the Ministry of Justice, the Ministry of Social Affairs, the Ministry of Investment and International Cooperation the Ministry of Higher Education and Scientific Research and the Permanent Mission of Tunisia to the United Nations Office at Geneva.

The Committee will next meet on Monday at 3 p.m. to discuss the second periodic report of Lebanon (E/C.12/LBN/2).

Report

The third periodic report of Tunisia can be read here.  
 
Presentation of the Report
 
MEHDI BEN GHARBIA, Minister of Relations with Constitutional Bodies, Civil Society and Human Rights,  expressed the delegation’s appreciation to the Committee for the important work it had been doing, and congratulated on the the fiftieth anniversary of the adoption of the two International Covenants. He further stated that Tunisia  had ratified all relevant international treaties safeguarding human rights.  Tunisia had signed the Convention on Combating Enforced Disappearances, the Convention on the Elimination of All Forms of Discrimination against Women, and had been continuously working on promoting gender equality.  However, due to the Arab spring events and the revolution, the effective implementation of the international treaties had stalled, and it was acknowledged that the last periodic review had been conducted in 1998.  The Tunisian Government had taken a strategic decision to fulfill its international obligations in the aftermath of the revolution.  The 2014 Constitution enshrined economic, social and cultural rights and recognized the human rights principles.  The Constitutional Court was to be established in the months to come.

In 2015, the Social Dialogue Council had been established, and the Social Pact had been adopted to give impetus to the ongoing economic and social reforms.  The Human Rights Commission had been established and was seeking to promote best practices in the region.  The Economic Solidarity Law had been adopted, as well as the Law on Social Protection. The health care system had been seeking to provide a wider coverage.  Partnership agreements with numerous universities had been developed seeking to improve the chances of graduates to enter the labour market.  Professional training was in place, and national consultations were undertaken to improve the education system.

In spite of the recent efforts, the Government acknowledged the staggering rate of the unemployment, illiteracy and regional disparities. However, when compared with other countries in the region, the human development indicators in Tunisia were not considered to be too low. In 2015, the State had bolstered cultural activities and promotion of innovation.  Overall, the challenges remained considerable, in the light of the financial constraints and the absence of foreign direct investment, as well as due to the high level of corruption.  There was a resolute willingness and commitment from the side of the Government, the opposition parties and the civil society sector to establish democratic system based on the free exercise and enjoyment of economic, social and cultural rights.  The Head of the Delegation reiterated that, since the Arab spring, there had been an increased responsibility in Tunisia to conduct democratic reforms, so the recommendations produced by the Committee would be welcomed and considered in a constructive spirit.
 
Questions by Experts
 
OLIVIER DE SCHUTTER, Country Rapporteur for Tunisia, noted three very important cross-cutting issues: the question of gender equality, the poverty rate and regional disparities, and the access to information and availability of statistics necessary in order to assess progress.

Regarding the implementation of the Covenant in the national legislation system, it was noted that the enforcement of rights relating to the Covenant had been rarely presented to the courts.  What could be done for the Covenant to be invoked more often before the courts?  Was there a need for the additional trainings for judges, including training on how such rights were to be applied in the domestic law and in the court decisions?

Question was raised on the draft bill that would ensure that functioning of the Human Rights Commission was in compliance with the Constitution and with the Paris Principles.  Had the bill been adopted, and, if so, could the Committee get access to the final text of the bill?
On the issue of free trade agreement with the European Union, what human rights safeguards did the special committee of the Assembly of the Representatives of the People incorporate?  What measures had been taken to assess the impact of free trade and investment agreements on the economic, social and cultural rights?

Concerning the new Investment Code, question was asked on guarantees in place to ensure that investors coming to Tunisia would respect the existing social, cultural and environmental legislation of Tunisia.

According to the Replies of Tunisia to the List of Issues, the protection of whistle-blowers was to be ensured with the special legislation that was supposed to be submitted to the Assembly of the Representatives of the People for debate and approval. However, there had been criticism both on the draft law as well as on the law dealing with national economic reconciliation. The concern was raised that the Government was promoting impunity with such legislation.  What was the Government’s response to such criticism?

Concern was raised regarding the foreign indebtedness of Tunisia, which had significantly increased. Seeing how the signing of new loans implied accepting new conditions, how would the State ensure that the economic, social and cultural rights of the Covenant were taken into account when negotiating new loans?

Regarding the informal economy, which amounted to 37 per cent of the overall economy, the Expert was worried that persons employed in the formal sector were carrying a disproportionate burden with regard to taxation. Additionally, many concessions and favourable tax provisions were given to companies which were willing to invest.  Could a more fair distribution be envisaged so that companies would bear part of the burden?

Several questions were raised on the question of discrimination.  Did the Government plan to adopt general non-discrimination law? The coalition of non-governmental organizations had put forward a draft on the general non-discrimination law, but the Government’s view on such issue had not been known.

Concern was raised that the Penal Code still contained a provision for three years of prison for persons charged with sodomy and lesbianism.

What could be done to resolve regional inequalities, asked the Expert.

Ethnic minorities, in particular the Amazigh, had considerable obstacles for exercising rights to education, healthcare and work. Did the Government plan to improve the situation, and how?

On the topic of the asylum seekers and refugees, Tunisia was commended for its efforts in providing protection to asylum seekers from Libya.  Question was raised on whether there was any legal framework governing the asylum area. Additionally, were there considerations to provide temporary status for asylum seekers that would allow access to education, healthcare and employment?

It seemed that the Government did not promote equal treatment between women and men, but rather a traditional and stereotypical division of roles.  How was that compatible with the provisions of the Convention on the Elimination of All Forms of Discrimination against Women, which had been ratified by Tunisia?

The Expert said that Tunisia was still apparently not ready to promote inheritance rights, so the delegation was asked to further to elaborate on that issue.

Another Expert asked about the level of unemployment, noting that average unemployment rate was 15 per cent, whereas in some areas, such as Tataouine, it stoof at 50 per cent.  In addition, the unemployment rate of female graduates was 41 per cent, almost 20 per cent higher than their male colleagues.  What was the Government doing to improve the situation when it came to unemployment?  Was there intention to support diversification of work for women?

Further information was sought on the programmes implemented by the Government undertaken to increase youth employment.

Information was asked about labour and social security protection for informal economy workers.  Regarding just and favourable conditions of work, Tunisia needed to establish the principle of minimum wage.  What was the Government’s view on enforcing minimum wage?

The Committee noted increased diversity of trade unions. An update of registration of workers within trade unions was requested.

Restrictions on the right to strike were noted.  Was the Government willing to review such provisions, in consultation with its social partners?

The social security coverage was very limited and not including migrant workers, vulnerable categories, or workers and workers in precarious conditions.  How did such limited social security scheme align with the Constitution?

Regarding the recommendations given by the International Labour Organization, the delegation was asked about Tunisia’s set of priorities when it came to fulfilling those.

Replies by the Delegation
 
On the situation of women, the delegation stated that Tunisia had been the first country in the 1960s to repel polygamy and to grant range of rights to women.  The adoption of the 2014 Constitution further emphasised the importance of women’s rights, but important challenges on the ground remained, which the Government was seeking to address.

Regarding inheritance rights, there was a draft bill, which would still have to be adopted by the Parliament.   The Constitutional Court, once established, would look into all new legislation.
 
The new Investment Code was a necessary step in attempting to attract and generate investment. The delegation ensured the Committee that all international commitments, including the commitments under the Covenant, would be upheld, and that collective agreements or protection of trade unions would not be undermined.
 
The Law on reconciliation was important for transitional justice process and its objective was not to promote impunity, but to deal with transgressions from the previous administration.

The Government was aware that the informal economy was impeding the overall economic growth and reform, and one of the tasks of the Government was to largely regularize the informal sector.  The new Law on Taxation and the Law on the reform of Civil Service provided valuable regulatory frameworks in that area.

Concerning the free trade agreement with the European Union, the Tunisian Government had issued a request for the agreement to be negotiated through a tripartite scheme, including presence of both civil society of the European Union as well as the Tunisian civil society. The tripartite mechanism was seen as a suitable mechanism to uphold economic, social and cultural rights. There were numerous working groups, advisory committees, and civil society representatives working in cooperation with Members of the Parliament, in order to ensure that all interests and rights of the Tunisian system were ensured.

On the issue of national human rights bodies, the delegation informed that Tunisia had established the Human Rights Commission, a body for elections, a body for good governance and another one for anti-corruption.   

Members of the Amazigh community were granted rights within the Constitution, but, for the time being, there was no institutional framework for exercising minority rights. The Constitution provided a mechanism for affirmative actions promoting certain regions.

The delegation said that Tunisia had received over one million asylum seekers from Libya while receiving almost no international aid to manage the asylum system.

Regarding women’s access to employment, the delegation disagreed that the Government promoted a paternalistic view on women, but agreed that the Government should intensify its work on promoting women’s rights. Access to property was still rather low, and there had been no real entrepreneurship among women.

The domestic legal system was being revised in order to ensure compliance with the international instruments and treaties. Regarding the possibility for the Covenant to be invoked before the Court, the administrative court did apply international conventions directly without using legal texts.  As for the judiciary, further trainings were needed for both lawyers and judges on economic, social and cultural rights, in order to ensure that the Covenant would be invoked in front of the courts.
 
Concerning the bill on the Human Rights Commission, the delegation explained that the Constitution provided for its establishment and defined the tasks of such institutional body. The Government had entered into a participative process with civil society, exchanging opinions when the bill had been drafted.  The bill was currently awaiting adoption in the Parliament. The bill took into account the Paris Principles, ensuring structural and functional independence.

Responding to the question on the fight against corruption, a delegate said that Tunisia had ratified the United Nations Convention against Corruption and had undertaken a series of measures to fight corruption, particularly in the public sector.  The Ministry of Justice had issued a decision in 2012 establishing a financial crimes unit under the jurisdiction of the Tunis Court of Appeals and linked to the Tunis Court of First Instance. The Government had recognized the need to adopt modern tools in fight against corruption.  National mechanisms had been established to fight corruption and  the Good Governance Unit had been created.  The challenges, however, remained significant, and continuous awareness raising activities were being conducted.

On the issue of tax evasion, in 2013, it was explained that the tax collection system had been modernized and reformed, while banking transaction and financial laws had been adopted.

A number of programmes had been implemented to address the poverty rate, in line with the Sustainable Development Goals, and the poverty rate had significantly dropped as a consequence. 

On the topic of non-discrimination, the delegation commended the work that civil society organizations had been doing in promoting and ensuring economic, social and cultural rights. The Government was aware of the sensitivity of the discrimination issue on numerous grounds and was conducting numerous awareness raising efforts, in cooperation with the Office of the High Commissioner for Human Rights.

Questions by Experts

Question was asked on the access of persons with disabilities to the labour market.

Concern was also raised on the high dropout rate from school among children aged between five and 12, and a question was asked on the measures that the Government had been implementing to improve the education system.

What was the Government doing to ensure water security, asked an Expert.

The Expert noted that the education system was facing serious problems.  What was the Government doing concerning the proliferation of higher education institutions that failed to provide quality education?  How could the higher education system be better articulated and attractive to young people?  What was the Government doing to reduce the inequality in education?  The private primary education was on the rise, so question was raised on the Government’s efforts to prevent segregation.

What measures did the State undertake to protect the Amazigh identity and promote the use of their language?  What measures were undertaken to protect cultural heritage?

The delegation was also asked to elaborate on the content of the bill on violence against women.

Replies by the Delegation
 
On the issue of persons with disabilities, the delegation explained that Tunisia had been among the first states to sign and subsequently ratify the Convention on the Rights of Persons with Disabilities in 2011.  The National Act on Persons was Disabilities had been amended in 2005 to provide integration of persons with disabilities and enhance their economic opportunities.  Projects had been implemented with the European Union in order to promote the socioeconomic integration of persons with disabilities.  Public spaces had been adapted to facilitate access to persons with disabilities, who also received free health care.  The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled had been ratified in 2016.

Regarding the violence against women, there was a bill to prevent and punish gender-based violence and protect women in line with provisions with the Convention on the Elimination of All Forms of Discrimination against Women.  There was also a policy to combat violence against women, in particular through provision of adequate services within an integrated, inter-sector approach.  The revision of the Criminal Code was underway in order to bring the law line with the Constitution.  Regarding the practice of entering into customary marriages as a way to circumvent the ban on polygamous marriages, such practice was prohibited under the Personal Status Code.

Concerning the social housing, the delegation informed that the Government had put in place a special social housing programme to guarantee all citizens’ access to adequate and affordable housing.  The delegation also informed the Committee about two calls for tenders which had been launched in 2006 and 2012 to build new social housing units.  It was stated that administrative, legal and land tenancy issues were impeding progress on the social housing programme.

As for the drinking water supply, progress had been achieved in access to water to a different extent, depending on different regions. Water quality was closely monitored, and inspections had been carried out monitor the condition of water supply systems.

Regarding the drop-out rate, the delegation expressed its view that the issue was not so serious in Tunisia.  The country had adopted adequate policies to counteract the problem of school dropouts.  The Ministry of Education had adopted the national plan which had impact on the work of all sectors.  National and regional meetings had been held and a monitoring and evaluation mechanism had been put in place to ensure an immediate response.  The Ministry of Social affairs had been offering assistance to pupils coming from vulnerable groups.  The campaign had been launched to further assist in the reintegration of children in schools.  As a result, over 50,000 children had returned to schools.

The delegation informed the Experts that in 2016 several measures had been introduced to improve the quality of education. New university institutions had been created, and 3,000 graduates had been enrolled.  Grants were available for students coming from vulnerable groups.  Teachers were continuously offered specialization and career development courses in order to maintain high quality of education.

The Ministry of Higher Education and Scientific Research was continuously undertaking measures to improve the higher education.  Support to the quality of teaching was ensured through an integrated system of activities.  Quality assurance and the accreditation mechanism, which evaluated universities and higher education establishments, had been introduced.  Training sessions for teachers had also been organized, focusing on pedagogical training.  Training of trainers had been introduced as a suitable mechanism, whereas partnerships agreements had been made with French and British service providers to assist in the training of trainers. 

The World Bank was financing a project to enhance employability of students in order to ensure that learning qualifications responded to the labour market needs.  Activities were conducted also to improve vocational education and training as well as to improve the entrepreneurial spirit of students.

As for pre-school education, three measures had been introduced.  A draft bill on nurseries had been prepared and submitted to the Parliament in July 2016.  An emergency measure had been taken to reopen nurseries and, lastly, a team had been tasked to draft an action plan that would address the regional differences when it came to access to pre-school education.

The fight against poverty was incorporated in several national plans.  Micro-financing projects were used to assist the impoverished population and, when it came to marginalized families, the provision of assistance had increased threefold.  There had been a draft bill to improve the social protection offered to all citizens.  The Ministry of Social Affairs had specialized units to assist its citizens, and community-based mobile social security teams had been created.  The social security system was based on the full respect of human rights, and it comprised a range of social assistance ion programmes aimed at improving living conditions of disadvantaged groups.  The social protection system was composed of a contributory pension scheme and a non-contributory scheme.

Concerning the access to health care, the delegation informed that the Decree of November 1981 legislation was regulating the internal operating procedures of hospitals, institutes and specialized centres under the Ministry of Health.  The Decree had stipulated that hospitals and health-care facilities could not establish any form of discrimination among patients with regard to the care provided.  To eliminate discrimination, the Ministry of Health has implemented special measures.  Those measures included: formulating public policies to reduce inequalities across regions with regard to specialized medical care,  guaranteeing access of all citizens to public health care,  ensuring that breast cancer screening was available to residents in remote areas, arranging for accommodation to ensure access to health-care facilities for persons with sensory impairments, making health information available to all citizens through flyers and posters so that everyone had access to necessary information, and setting up health centres and facilities where anonymous HIV/AIDS testing was available on a voluntary basis.

To address corruption in the health sector, the Ministry of Health had adopted an anti-corruption strategy as well as the World Health Organization’s Good Governance in the Public Pharmaceutical Sector.

The Investment Code was part of the structural reform.  The new Code had been developed through the participatory approach with public and private sectors.  Over 200 participants had been engaged in the wide consultation process.  The code incorporated regional and sustainable development priorities, and it offered an analysis of the quality of Tunisian and foreign investment.  The investors had been subjected to a number of regulations, particularly regulations relating to protection of consumers, workers, environment, and social security system. The Code also introduced a dispute settlement mechanism.  The Parliament had approved the Law regulating the Investment Code.

The rights of trade unions were enshrined in the Constitution, and Tunisia had adopted numerous conventions of the International Labour Organizations. Plethora of trade unions existed.  Since 2014, the two most influential trade unions – the national workers association and the national associations for industrialization – had been engaged in consultations with the Government.  When registering, there was no legal requirement to disclose the number of members of the trade union.  The only information required was the statute of the trade union and a list of persons in the management board. 

The delegation stated that abortion was permissible in licensed hospitals during the first three months of pregnancy.  Abortion was allowed outside of that timeframe only in cases of risky pregnancies.

On the issue of gender equality, the delegation said that the Council for equal opportunities had been established to integrate gender approach in planning and programming of policies in order to achieve equality in rights and responsibilities.  Women were well represented with 30 per cent of women being members of the Parliament, but the Government was striving to increase the representation.  Numerous initiatives had been established on national and municipal levels, however, there were still many shortcomings.  For that reason, a special committee had been established to analyze all laws that could contain discriminatory provisions so that such laws could be revised.

Concerning the protection of the cultural heritage, a specialized institution had been established that would be in charge for protecting archeological sites and showcasing immaterial heritage.  The Ministry of Culture and Heritage Protection had put in place an entire strategy to protect archaeological heritage from destruction and pillage.   Aware of the importance of immaterial heritage, a special committee had been designated to preserve immaterial heritage.

Regarding the minority rights, the Constitution did recognize the Islamic cultural heritage and identity of Tunisia, but it did not have any negative impact on minorities, and the delegation reiterated that all minorities had equal rights.

On the question of Tunisia’s success in banning polygamy, the Committee was informed of the specific circumstances and efforts instrumental in ensuring emancipation of women, while retaining the national identity.
Follow up Questions
 
An Expert pointed out that there was no sufficient information on the Amazigh minority.  The proposal was made that the next census could contain a question on belonging to a national minority.  The Government would then know more about its minorities and could develop appropriate policies.

On the quality of private higher education, the Special Rapporteur on the right to education already had a series of recommendations, and the Expert subscribed to the expressed recommendations. What were the measures that the Government had introduced to improve the quality of education in line with the recommendations?

Why was there no comprehensive national action plan on the fight against poverty with accompanying indicators, monitoring mechanisms and benchmarks?

On the decision to cancel subsidies to the agriculture sector, concern was raised that this would further increase poverty rate.

Question was asked on how many social housing units had been built, and a clarification was sought on the administrative and legal barriers in social housing programme.

Was there any legislation on forced eviction, and if so, was the legislation in line with the international human rights standards? How were the forced evictions conducted, and did they result in homelessness?

An Expert asked how the 37 per cent of people which belonged to the informal sector could access the social security system. Did the labour inspectorate conduct inspections in the informal sector?

On the reform of the Penal Code, question was raised whether the perpetrator could still escape prosecution in case when the perpetrator married the victim.

An elaboration on the emergency measures to improve the quality of education was requested.

Replies by the Delegation

The delegation informed that the Penal Code had been amended and the provision allowing the perpetrator to escape punishment had been abolished.

Regarding the absence of a national programme for the fight against poverty, the delegation informed the Committee that the Government had the National Plan to Help Families in Need. A draft resolution on safety nets had been developed, covering all social assistance programs.  An inter-sectoral committee covered all related policies, so the country had an institutional and policy framework in place to combat poverty.

On the informal economy, it was acknowledged that the phenomenon had escalated after the revolution, but there was no official statistics on the number of unregulated workers.  There had been public oversight of workers in the informal sector, and workers were eligible for health care and social security through the programmes targeting low-income families. The labour inspectorate was investigating the informal sector as well.

The health insurance system consisted of three pillars.  The State ensured free treatment for over one million low-income families.  Additionally, there were different categories eligible for low-fee treatment, such as persons close to their retirement age, workers that had been fired, custodians of children, and so forth.

On the emergency measures in education system, further information was offered on the awareness-raising campaigns, professional trainings on teachers and partnership agreements with universities.

Concluding Remarks
 
MEHDI BEN GHARBIA, Minister of Relations with Constitutional Bodies, Civil Society and Human Rights, expressed his gratitude to the Committee Experts for detailed and insightful questions.   All questions and comments would be taken on board so that Tunisia could be more effective in the implementation of economic, social and cultural rights.   The correlating legislative framework was being developed in line with the Constitution and the international human rights agreements.  The Experts were reminded of the realistic constraints that Tunisia had been facing in its transitional period, but in spite of that, the country’s commitment towards a full realization of human rights remained firm.

OLIVIER DE SCHUTTER, Committee Chairperson and Country Rapporteur for Tunisia, thanked the Tunisian delegation for the high-level dialogue. With many legislative reforms and bills to be adopted, the country was moving in the right direction, and it should continue to do so at a quick pace. The Committee would be closely following the implementation of future policies

WALEED SADI, Chairperson of the Committee, appreciated the productive dialogue and said that the concluding remarks would be sent to the delegation.

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