2020 Findings on the Worst Forms of Child Labor: Tunisia

 
Moderate Advancement

In 2020, Tunisia made moderate advancement in efforts to eliminate the worst forms of child labor. The Ministry of Social Affairs published a list of hazardous work that is prohibited for children. The Ministry of Education also introduced a new Second Chance program for children who dropped out of school that would assist them in either completing their education or receiving vocational training. In addition, the government provided cash transfers to families to help mitigate the economic impacts of the COVID-19 pandemic. However, children in Tunisia are subjected to the worst forms of child labor, including in forced labor in domestic work and begging, each sometimes as a result of human trafficking. Children also perform dangerous tasks in scavenging for garbage and in street work. The law’s minimum age protections cannot be enforced with respect to children who are engaged in work on inhabited premises, such as private homes, without permission of the property owner, a complaint to child protection delegates, or a court order to access the property. The government provided partial data on its criminal law enforcement efforts for inclusion in this report.

I. Prevalence and Sectoral Distribution of Child Labor

Children in Tunisia are subjected to the worst forms of child labor, including in forced labor in domestic work and begging, each sometimes as a result of human trafficking. Children also perform dangerous tasks in scavenging for garbage and in street work. (1-5)Table 1 provides key indicators on children’s work and education in Tunisia.

Table 1. Statistics on Children's Work and Education

Children

Age

Percent

Working (% and population)

5 to 14

3.0 (50,364)

Attending School (%)

5 to 14

94.2

Combining Work and School (%)

7 to 14

2.8

Primary Completion Rate (%)

 

95.1

Source for primary completion rate: Data from 2017, published by UNESCO Institute for Statistics, 2021. (6)
Source for all other data: International Labor Organization’s analysis of statistics from Multiple Indicator Cluster Survey 4 (MICS 4), 2011–2012.
(7)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

Table 2. Overview of Children's Work by Sector and Activity

Sector/Industry

Activity

Agriculture

Farming, activities unknown (1,3,8-11)

 

Fishing, activities unknown (3)

 

Animal husbandry, activities unknown (3)

 

Forestry, activities unknown (3)

Industry

Construction, activities unknown (3,4,11)

 

Manufacturing, activities unknown( 3)

Services

Domestic work† (1,3,4,9,12)

 

Street work, including shining shoes, begging, vending, auto washing and repairing, and scavenging garbage† (1,3,10,12-14)

Categorical Worst Forms of Child Labor‡

Commercial sexual exploitation, sometimes as a result of human trafficking (4,8,14-21)

 

Use in illicit activities, including stealing, smuggling, and drug trafficking (4,8,10,11,13-15,19,20)

 

Forced labor in domestic work and begging, each sometimes as a result of human trafficking (3-5,8,10,14,22,23)

† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Refugees and migrants who lack legal documentation, including child migrants, from Sub-Saharan countries and those fleeing unrest in neighboring countries are vulnerable to labor exploitation because refugees and migrants do not have the status to legally work in Tunisia. (24) Young girls from Tunisia’s northwest and other interior regions are particularly vulnerable to human trafficking. (5,14,21,23) A 2017 National Child Labor Survey indicated that 7.9 percent of all children are engaged in child labor, 63.2 percent of whom are involved in hazardous work. The northwest region—consisting of the governorates of Béja, Jendouba, Kef, and Siliana—registered the highest incidence of child labor at 27.7 percent. (3) Figures from the report indicate that children between the ages of 5 and 17 work, with 48.8 percent engaged in agriculture and fishing, 20.2 percent in commerce, 10.9 percent in manufacturing, 6.4 percent in domestic work, and 4.7 percent in construction. (3,4) The government has not yet made the full dataset from the survey publicly available or allowed other government agencies to access it, leaving the nature and causes of children’s involvement in specific forms of child labor unknown.

Students face barriers to education, especially in rural areas, due to inadequate transportation and household poverty. (1,4,8,10,25) Middle and high school completion rates in poor and rural communities remain significantly lower than in wealthy and urban areas. (26) It is estimated that approximately 100,000 students drop out each year, some because of physical violence in schools. (9,10,27,28)

II. Legal Framework for Child Labor

Tunisia has ratified all key international conventions concerning child labor (Table 3).

Table 3. Ratification of International Conventions on Child Labor

Convention

Ratification

ILO C. 138, Minimum Age

ILO C. 182, Worst Forms of Child Labor

UN CRC

UN CRC Optional Protocol on Armed Conflict

UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

Palermo Protocol on Trafficking in Persons

The government’s laws and regulations are in line with relevant international standards (Table 4).

Table 4. Laws and Regulations on Child Labor

Standard

Meets International Standards

Age

Legislation

Minimum Age for Work

Yes

16

Article 53 of the Labor Code (29)

Minimum Age for Hazardous Work

Yes

18

Article 58 of the Labor Code (29)

Identification of Hazardous Occupations or Activities Prohibited for Children

Yes

 

Ministry of Social Affairs Order of April 1, 2020 (30)

Prohibition of Forced Labor

Yes

 

Articles 105, 171, 224, and 250 of the Penal Code; Articles 2.1, 2.5, 2.6, and 8.0 of the Law on the Prevention and the Fight Against the Trafficking of Persons (31,32)

Prohibition of Child Trafficking

Yes

 

Articles 2, 3, 5, 8, and 23 of the Law on the Prevention and the Fight Against the Trafficking of Persons (32)

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Articles 226 ter and 232–234 of the Penal Code; Article 25 of the Child Protection Code; Article 2.7 of the Law on the Prevention and the Fight Against the Trafficking of Persons (31-33)

Prohibition of Using Children in Illicit Activities

Yes

 

Articles 5 and 11 of Law No. 92.52 on Narcotics (34)

Minimum Age for Voluntary State Military Recruitment

Yes

18

Article 2 of the National Service Law (35)

Prohibition of Compulsory Recruitment of Children by (State) Military

Yes

 

Article 2 of the National Service Law (35)

Prohibition of Military Recruitment by Non-state Armed Groups

Yes

 

Article 2(5) of the Law on the Prevention and the Fight Against the Trafficking of Persons; Articles 3 and 18 of the Child Protection Code (32,33)

Compulsory Education Age

Yes

16

Section 1 of the Law on Education (36)

Free Public Education

Yes

 

Articles 38 and 46 of the Constitution; Law on Education (36,37)

In April 2020, the Ministry of Social Affairs (MSA) published a comprehensive list of hazardous work activities that are prohibited for children under age 18. (1) In addition, the Ministry of Women, Family and the Elderly (MWFE) presented a draft law to the Parliament which prohibits employing or assisting in the employment of children in domestic service. This law was not approved by Parliament during the reporting period. (1) In 2019, Tunisia became the 45th state to accede to the Council of Europe's Convention on the Protection of Children Against Sexual Exploitation and Sexual Abuse. The Convention entered into force on February 1, 2020. (19,38)

III. Enforcement of Laws on Child Labor

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the authority of the enforcement agencies that may hinder adequate enforcement of child labor laws.

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Ministry of Social Affairs (MSA)

Conducts labor inspections and assesses fines and penalties for infractions. (8,29) Employs social workers and medical inspectors to assist in addressing issues of child labor. (4) Collaborates with the Ministry of Education (MOE) and the Ministry of Health (MOH) to identify and provide support to children vulnerable to child labor. (8,10,17) Monitors the implementation of labor legislation, investigates violations, and initiates prosecutions through the General Directorate of Labor Inspection. Investigates cases of children working under the age of 18 and provides medical testing for children. (20) Implements social and orientation programs for minors related to child labor through the General Administration for Social Development. (20) Is authorized to conduct unannounced inspections and to issue penalties, except for work performed on inhabited premises, such as private homes. (29)

Ministry of Women, Family and the Elderly (MWFE)

Previously the Ministry of Women, Family, and Children, gathers evidence and conducts investigations on child welfare cases; conducts needs assessments and intervention plans. Provides services to child victims of commercial sexual exploitation. (1) Trains child protection delegates to combat child labor in the field through coordination with local governments and civil society. (1) Acts as judicial police in cases of imminent danger to children through its Delegates for the Protection of Children. (10,33)

Ministry of the Interior (MOI)

Investigates reports of the worst forms of child labor as a criminal violation, including complaints that fall outside of the labor inspectorate’s mandate and those pertaining to the informal sector. (13) Through its Child Protection Service in the National Police addresses the commercial sexual exploitation of children and coordinates with MSA and MWFE regarding violations. (1,8,10) Through its Judicial Police, coordinates with MSA to refer cases of at-risk youth. (8,39-41)

Ministry of Justice (MOJ)

Coordinates anti-human trafficking efforts and the criminal enforcement of child labor laws. (17)

In 2020, the MWFE and MSA published internal reports on their 2019 activities to address child labor. The MSA and National Authority to Combat Trafficking in Persons also prepared and distributed a guide on the laws and regulations relating to child labor for law enforcement officials and child advocates. In addition, they organized a strategic workshop as part of Tunisia's commitment as a Pathfinder country of the Alliance 8.7, a global partnership dedicated to the fight against child labor, human trafficking, forced labor, and modern slavery. (1)

Labor Law Enforcement

In 2020, labor law enforcement agencies in Tunisia took actions to combat child labor (Table 6). However, gaps exist within the authority of the MSA that may hinder adequate labor law enforcement, such as the MSA's inability to perform inspections on inhabited premises without a court order or the owner's permission.

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

2019

2020

Labor Inspectorate Funding

$5,310,000 (42,43)

Unknown (1)

Number of Labor Inspectors

331 (20)

329 (1)

Inspectorate Authorized to Assess Penalties

Yes (29)

Yes (29)

Initial Training for New Labor Inspectors

Yes (1,42,43)

Unknown (1)

Training on New Laws Related to Child Labor

N/A (20)

Unknown (1)

Refresher Courses Provided

Yes (1,42,43)

Unknown (1)

Number of Labor Inspections Conducted

18,027(1)

Unknown (1)

Number Conducted at Worksite

18,270 (1)

Unknown (1)

Number of Child Labor Violations Found

67 (1)

Unknown (1)

Number of Child Labor Violations for Which Penalties Were Imposed

33 (1)

Unknown (1)

Number of Child Labor Penalties Imposed that Were Collected

Unknown

Unknown (1)

Routine Inspections Conducted

Yes (1)

Yes (44)

Routine Inspections Targeted

Yes (1)

Yes (44)

Unannounced Inspections Permitted

Yes (1,20)

Yes (29)

Unannounced Inspections Conducted

Yes (1,20)

Unknown (1)

Complaint Mechanism Exists

Yes (1,20)

Yes (1)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

Yes (1,42,43)

Yes (1)

The MSA employs 329 labor inspectors, 26 of whom are specifically dedicated to monitoring child labor issues. (1) However, labor law enforcement mechanisms are unable to enforce the minimum age protections for children on inhabited premises, such as children employed in domestic service in private homes, without permission of the property owner or a court order. (1,4,8,10) Child protection delegates may enter private homes in response to complaints and impose penalties, and a complaint mechanism exists which may be used by both citizens and officials. The government noted that the budget for staffing and logistics, such as fuel and transportation, was inadequate to carry out inspections, especially in remote areas of the country. (1) Although there are labor inspectors who monitor the informal sector in Ariana, Jendouba, Medenine, Sfax, Sousse, Tunis, and Tozeur, ministry officials note that the labor inspectorate lacks resources to adequately monitor the informal economy throughout the country. Informal work accounts for an estimated 38 percent of the country's GDP and employs approximately 54 percent of the country's total workforce. (4,8,10,11,28,45) Although the MSA has provided training for new hires and ongoing training for its inspectors in previous years, in-person training for labor inspectors was limited during the reporting period as a result of restrictions related to the pandemic. (1)

The government did not provide specific data on child labor law enforcement for inclusion in this report. (1,20,43) Penalties for violating child labor laws are weak, ranging from approximately $7 to $21, and are insufficient to deter potential violators. (1,12)

Criminal Law Enforcement

In 2020, criminal law enforcement agencies in Tunisia took actions to combat child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including the lack of digitized criminal justice data.

Table 7. Criminal Law Enforcement Efforts Related to Child Labor

Overview of Criminal Law Enforcement

2019

2020

Initial Training for New Criminal Investigators

Unknown

Unknown (1)

Training on New Laws Related to the Worst Forms of Child Labor

Unknown

Unknown (1)

Refresher Courses Provided

Unknown

Yes (44)

Number of Investigations

429 (44)

94 (44)

Number of Violations Found

Unknown

82 (44)

Number of Prosecutions Initiated

9 (44)

17 (44)

Number of Convictions

Unknown

Unknown (1)

Imposed Penalties for Violations Related to The Worst Forms of Child Labor

Unknown

Unknown (1)

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

Unknown

Yes (1)

In 2020, the Ministry of the Interior (MOI) identified two cases involving the labor exploitation of foreign children, as well as five Tunisian children subjected to commercial sexual exploitation in the production of pornography. Ten children were reported as being involved in organized crime, including in drug-related activities. (1)

In accordance with the 2018 introduction of Law No. 58 on violence against women, 380 police officers have been trained to provide assistance to vulnerable populations including child perpetrators and victims of crime. The government is also continuing to work with UNICEF to strengthen the capacity of law enforcement and the courts to address child welfare issues and provide child protection services to adolescents in conflict with the law. (1) For example, UNICEF's legal support was provided to three girls in Kasserine who were initially charged with prostitution as a result of being trafficked for the purposes of commercial sexual exploitation; they were subsequently released and their cases dismissed after legal intervention. (44)

The government provided only partial information on its criminal law enforcement efforts for inclusion in this report. Information was drawn from the records of eight tribunals, in part because the Ministry of Justice does not maintain comprehensive data as most records are not digitized. (1)

Laws that penalize trafficking in persons offenses carry sufficiently stringent penalties, but judges are frequently reluctant to convict on these charges due in part to a low level of awareness on the part of police and judicial authorities of the proper application of the anti-trafficking law and their limited understanding of how to handle human trafficking cases. (1,12) Although the MOI reports that children under the age of 18 are not routinely detained for involvement in illicit activities, there have been isolated incidents of law enforcement punishing children for their subjugation to the worst forms of child labor. (1,12)

IV. Coordination of Government Efforts on Child Labor

The government has established mechanisms to coordinate its efforts to address child labor (Table 8).

Table 8. Key Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

The Leadership Committee to Combat Child Labor

As part of the Child Labor National Action Plan (PAN-TN), coordinates efforts to combat child labor. Led by MSA, includes membership of 11 other ministries and 3 unions, with support from ILO. (13) Met several times in 2020. (46)

National Authority to Combat Trafficking in Persons (Instance Nationale de Lutte Contre la Traite des Personnes)

Led by MOJ, coordinates anti-human trafficking efforts and raises awareness of human trafficking issues. Includes membership of 12 ministries, 2 members of civil society, a media representative, and a member of the National Commission of Human Rights. (17,40,47-49)

In 2020, the National Authority to Combat Trafficking in Persons, in cooperation with the Council of Europe, distributed cards that explain the rights of human trafficking victims. The cards feature a non-exhaustive list of government and non-governmental support services available to human trafficking victims. (1)

V. Government Policies on Child Labor

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including implementation.

Table 9. Key Policies Related to Child Labor

Policy

Description

Child Labor National Action Plan (PAN-TN) (2015–2020)

Raised awareness, built the capacity of stakeholders, encouraged action from NGOs and the public, improved policies, and promoted the implementation of existing laws and policies. (13,50,51) In February 2020, worked with MSA to release a practical guide on intervention in child labor that compiles relevant legal texts and implementing regulations for ease of use by stakeholders. (1)

National Strategy for the Combat of Trafficking in Persons (2018–2023)

Aims to establish a global evidence-based approach to address trafficking in persons by coordinating national and international actors. (5,14) Conducted trainings, created pandemic contingency plans, and raised awareness on human trafficking through Public Service Announcements (PSAs) on labor contract rights in 2020. (44)

VI. Social Programs to Address Child Labor

In 2020, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including the adequacy of programs to address the full scope of the problem.

Table 10. Key Social Programs to Address Child Labor

Program

Description

USDOL-Funded Project (PROTECTE)

A $3 million project implemented by ILO that aims to strengthen Tunisia’s ability to implement its Child Labor National Action Plan, a multi-stakeholder effort involving government, business, and civil society both at the central and rural levels. Additional information is available on the USDOL website. In 2020, enabled the MSA to create two regional steering committees in Sfax and Jendouba as a pilot project to combat child labor. In November 2020, provided personal protective equipment and digital tablets to the Centers for the Social Protection of Children in Tunis and Sidi Bouzid, and to the Social Observation Centre for Children in Manouba. (1)

Support Efforts to Combat Human Trafficking (2014–2022)

USDOS-funded project implemented by IOM to carry out anti-human trafficking activities in collaboration with MOJ, MOI, MSA, and MWFE. Includes three objectives: (1) build the capacity of relevant institutions and agencies to identify and assist victims of human trafficking based on their individual needs; (2) strengthen cross-sector cooperation and the sharing of information through the implementation of a national referral mechanism; and (3) conduct an awareness-raising campaign to keep children in school and discourage illegal migration that could lead to human trafficking. (1)

Centers to Provide Aid to Victims of Child Labor†

Serves up to 6,000 children engaged in child labor or vulnerable to child labor through the maintenance of 79 youth centers.(53) In 2020, operated with the exception of COVID-19 mandated closures for public institutions. (44)

Shelters and Services for Victims of Human Trafficking†

Serves victims of human trafficking, predominantly children, through the operation of shelters by the Government of Tunisia. Provides lodging, food, clothing, psychological services, legal aid through a network of pro bono lawyers, and free medical care in collaboration with MOH. Places adults and unaccompanied children in dedicated centers to receive schooling. (15,41,54,55) Remained open in 2020.(44)

Programs to Reduce School Dropout Rates†

MOE-funded School Dropout Prevention Program that maintains about 2,300 social protection units in schools and mobile units in rural areas to monitor students and prevent them from dropping out. (53) Includes a project operated by the Ministry of Vocational Training and Employment to incorporate students who have dropped out into vocational training programs. (20) In 2020, remained operational with the exception of pandemic-mandated closures for public institutions. (44)

UNICEF Country Program Document (2021–2025)

In 2020, released an updated country strategy for 2021–2025 that focuses on inclusive socioeconomic development; accountable institutions for children and access to justice; effective education; health and protection systems, sustainable management of water, sanitation and hygiene; environmental and disaster risks, and other crises. (1,52)

Second Chance Program

Pilot program funded by MOE to reintegrate school dropouts ages 12 to 18 back into the educational system or provide them with vocational training. (1)

† Program is funded by the Government of Tunisia.
‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (40,54)

The government provided cash transfers to some needy families in April and May 2020 to ease the economic impact of the pandemic. The MSA noted in its June statement for the World Day Against Child Labor that the pandemic and subsequent lockdown heightened the vulnerability of children and low-income families to exploitative labor. (1) The MSA also worked within the framework of the PROTECTE project to support vulnerable social groups and actors in protecting children and childcare facilities from the negative effects of the pandemic, and the government is planning a study on the impact of the pandemic on child labor in a number of regions.(1) Although Tunisia has programs that target child labor, the scope of these programs is insufficient to fully address the extent of the problem, including in agriculture, fishing, commerce, manufacturing, domestic work, and construction. (13) In addition, while the National Authority works to ensure the safety of child victims of labor exploitation and trafficking in persons, options for victims' long-term support and possible relocation remain extremely limited. (12,21)

The Second Chance program was founded during the reporting period to address the vulnerability of children who left school before completing compulsory education. The program is being undertaken in cooperation with UNICEF, the Government of the United Kingdom, and several government ministries including the Ministry of Youth and Sports, the Ministry of Vocational Training and Employment, and the MSA. (1,53) In September, the Ministry of Education inaugurated a second chance school based in Tunis that targets thousands of school dropouts each year. A team has been trained to evaluate, support, and supervise students wishing to return to school. (1,53) Classes will focus on integration into professional life, computer science, mathematics, and skills acquisition. The pilot program is scheduled to expand to additional regions during 2021–2022. (1,53)

VII. Suggested Government Actions to Eliminate Child Labor

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Tunisia (Table 11).

Table 11. Suggested Government Actions to Eliminate Child Labor

Area

Suggested Action

Year(s) Suggested

Enforcement

Provide adequate staff and other resources, including fuel and transportation, to enable the labor inspectorate to conduct a greater number of inspections, particularly in remote areas and in the informal economy.

2015 – 2020

 

Ensure that mechanisms exist to enforce the minimum age protections for children working on inhabited premises, such as private homes, without permission of the property owner or a court order.

2014 – 2020

 

Collect and publish information related to the enforcement of child labor laws, including the funding of the labor inspectorate, the training of labor inspectors, the number and types of labor inspections conducted, and the number of child labor violations found, penalties imposed, and penalties collected.

2013 – 2020

 

Collect and publish information on criminal law enforcement of child labor laws, including on law enforcement training and the number of criminal child labor investigations that were initiated, violations identified, prosecutions initiated, convictions secured, and penalties imposed for the worst forms of child labor.

2019 – 2020

 

Increase penalties for those who employ children in violation of child labor law protections to deter potential violations and reduce recidivism.

2016 – 2020

 

Ensure that law enforcement and the judiciary are fully informed as to the existence and application of anti-trafficking penalties, and impose when appropriate.

2020

Government Policies

Publish information on whether all social policies are able to carry out their intended mandates.

2020

Social Programs

Publish the microdata of the 2017 National Child Labor Survey so that the information can inform programming and policies.

2017 – 2020

 

Address barriers to education, especially for children in rural areas, such as unreliable transportation, household poverty, and physical violence in schools.

2015 – 2020

 

Ensure that social programs have sufficient resources to carry out their mandates.

2020

 

Expand existing programs to fully address the scope of the child labor problem, including in agriculture, fishing, commerce, manufacturing, domestic work, and construction.

2015 – 2020

 

Establish long-term support and relocation options for victims of child labor and trafficking in persons.

2020

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