Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. Referring to its previous comments, the Committee notes the information in the Government’s report that section 237 of the Penal Code provides that “whoever kidnaps or attempts to kidnap a person through fraud, violence or threats, or drags, diverts or displaces or attempts to drag, divert or displace, a person from the place where this person was” is liable to a penalty of ten years imprisonment. Furthermore, section 238 provides a penalty of five years imprisonment for whoever diverts a child under 13 years of age without resorting to fraud, violence or threats and a sanction of three years imprisonment if the child is between 13 and 18 years of age. Section 240 also punishes whoever knowingly hides or removes from a search a kidnapped person, while section 250 punishes with ten years imprisonment whoever captures, stops, detains or sequesters a person. The Committee notes the Government’s indication that the combination of these provisions creates a legislative framework that enables the suppression of the sale and trafficking of children, since sale and trafficking necessarily implies either the kidnapping, diversion or displacement of the victim, as well as the victim’s capture, detention or sequestration and the triggering of a search.

Clause (b). Use, procuring or offering of a child for pornography or pornographic performances. In its previous comments, the Committee noted the Government’s indication that section 226bis of the Penal Code, which prohibits public offences against good behaviour or public morals by acts or words or wilful embarrassment of others in a manner that is offensive to decency, is partly a measure intended to prohibit the use, procuring or offering of a child in the pornography industry. It also noted that it is prohibited for any person to publicly draw attention to an occasion on which debauchery is committed by means of written texts, recordings or audio or visual, electronic or visible messages. The Government indicated that the expression “publicly draw attention to an occasion on which debauchery is committed” is directly related to the media referred to in section 226bis of the Penal Code, that is written or audio media, including the Internet, which are of a nature to facilitate incitement to debauchery and that these practices may include pornographic photographs or films, and pornographic performances. The Committee notes the information in the Government’s report that the use, procuring or offering of a child for the production of pornography or pornographic performances are acts which fall within the scope of section 226bis of the Penal Code inasmuch as incitement to paedophilia is one of the worst forms of debauchery referred to in this provision. Furthermore, the Government indicates that, by virtue of section 232(4) of the Penal Code, it is an offence to employ, train or maintain, as well as render, a person into prostitution or debauchery, and that section 233 expressly provides for a sanction of three to five years’ imprisonment if this offence is committed with regard to a minor. The Committee requests the Government to provide information on the practical application of sections 226bis, 232 and 233 of the Penal Code so it can assess if this provision can be applied effectively to prohibit the use, procuring and offering of a child under 18 years for the production of pornography or pornographic performances.

Article 5. Monitoring mechanisms. Sexual exploitation of children and paedophilia over the Internet. The Committee previously noted the Government’s indication concerning the establishment of a specialized unit in the national police to combat the sexual exploitation of children and paedophilia over the Internet, whose officers receive specialized training so that they can perform their duties appropriately. The Committee notes the information in the Government’s report according to which the Child Protection Service, within the Police Administration of the Ministry of Interior and Local Development, is the responsible body for combating sexual exploitation. To this end, the Service is in charge of conducting investigations on crimes related to sexual exploitation at the national level, in coordination with the Monitoring Centre for Cybercrime and the Tunisian office of Interpol, and of taking adequate measures to identify the persons involved in crimes of child exploitation in prostitution or pornography, as well as ensuring border security and prohibiting access in Tunisian territory to suspects. The Committee requests the Government to provide information on the results achieved by the Child Protection Service, particularly in terms of the number of child victims of commercial sexual exploitation which have been identified.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee previously took note of the social action programme established in schools, in the context of which 2,046 social action cells were created, as well as ten mobile units in rural areas. It noted that these cells provide assistance to children in difficulties with a view to ensuring the success of their schooling. The Committee notes the information in the Government’s report, according to which this social action programme currently holds 2,371 cells in charge of children who are at risk of dropping out from school by offering moral support and material assistance. The Government indicates that the interventions conducted by these cells have affected 29,085 children during the 2006–07 school year (according to the latest available statistics). Furthermore, 18,262 students, among which 12,532 were particularly at risk of dropping out, have benefited from assistance provided by these cells.

Clause (b). Assistance for the removal of children from the worst forms of child labour. In its previous comments, the Committee took note of the application of section 46 of the Code for the Protection of the Child by the child protection delegate (DPE), who is allowed to take emergency measures to remove a child who is in a situation of imminent danger from the family or institutional environment which is the cause of the danger. The Committee noted that 90 cases of children engaged in light work were examined by DPEs in 2005, representing 1.6 per cent of all the cases of children under threat dealt with by DPEs in 2005. However, the Committee noted that these statistics do not concern the worst forms of child labour and requested the Government to provide more detailed information on the number of cases of children engaged in the worst forms of child labour dealt with by DPEs. The Committee notes the Government’s indication that the statistics currently provided by the DPEs do not allow for the distinction of cases involving the worst forms of child labour. However, within the framework of the improvement of the data collection and processing system relating to the work of the DPEs, the Ministry of Women, Family, Childhood and Seniors is currently establishing a database which will provide more detailed information on all the types of child labour. The Committee accordingly requests the Government to provide, in its next report, more detailed information on the number of children engaged in the worst forms of child labour dealt with by DPEs.

Clause (e). Special situation of girls. The Committee previously noted that the Information, Training, Documentation and Studies Observatory for the Protection of the Rights of the Child was undertaking a study on the school drop‑out rate of girls in rural areas, the principal objective of which is to map school drop-outs in Tunisia according to the gender and environment of the child. It notes the Government’s indication that this study will be provided to the Office as soon as it is completed. Expressing the hope that it will receive a copy of the study on the school drop-out rate of girls in rural areas with the next report of the Government, the Committee once again requests the Government to provide information on the use to which this study is put in relation to preventing the engagement of girls in the worst forms of child labour.

Article 8. International cooperation and assistance. Cooperation with other countries in combating child prostitution. The Committee previously requested the Government to provide information on cooperation measures with other countries to combat child prostitution and the results achieved. Once again noting the absence of information on this subject in the Government’s report, the Committee again requests the Government to keep it informed of any new developments in this regard and to provide information on the matter in its next report.

Part V of the report form. Practical application of the Convention. The Committee previously noted that the Information, Training, Documentation and Studies Observatory for the Protection of the Rights of the Child established a data collection system “Child-info”, with the establishment of an integrated database on childhood. It also noted that the Observatory has developed child protection indicators and that a list of these indicators would be drawn up by the end of 2007. The Committee notes the information in the Government’s report that a list of 70 indicators on child protection was validated by all the ministries concerned, but that the data necessary for the elaboration of these indicators is not regularly collected. The Government indicates that it must now move on to the operational stage in order for each department to establish the necessary data collection mechanisms, therefore allowing for the elaboration of the validated indicators and their follow-up. The Government adds that it will provide a copy of the list of child protection indicators to the Office as soon as it is adopted. Expressing the hope that it will receive a copy of the study list of child protection indicators with the next report of the Government, the Committee once again requests the Government to provide more detailed information on the statistics collected through “Child-info” with regard to children engaged in the worst forms of child labour.