List of issues : Tunisia. 18/06/98.
E/C.12/Q/TUN/1. (List of Issues)
E/C.12/Q/TUN/1
18 June 1998

Original: ENGLISH


COMMITTEE ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS



I. GENERAL FRAMEWORK WITHIN WHICH THE COVENANT IS IMPLEMENTED

1. Please indicate which of the rights set forth in the Covenant are guaranteed by Tunisia's Constitution can be invoked before the courts and whether there is any relevant case–law.

2. To what extent did the Government of Tunisia take account of the opinions of non–governmental human rights organizations in preparing the report and to what extent was it publicized among the population?

3. Please indicate the Tunisian Government's position regarding the recommendations made by the World Conference on Human Rights concerning the preparation of an optional protocol to the International Covenant on Economic, Social and Cultural Rights.
II. ISSUES RELATING TO THE GENERAL PROVISIONS OF THE COVENANT

(articles 1–5)

Article 2.1: Full realization of the rights recognized in the Covenant

4. What obstacles has the Tunisian Government encountered in its efforts to give full effect to the rights recognized under the Covenant?

Article 2.2: Non–discrimination

5. The Committee would appreciate information on the de facto and de jure situation of aliens as regards the enjoyment of economic, social and cultural rights.

6. Please indicate what provisions of national law are in place to protect women, children, elderly persons and persons with disabilities.

Article 3: Equal rights of men and women

7. Please indicate whether there are any legal guarantees of the equality between men and women and, if so, how those provisions are implemented.
III. ISSUES RELATING TO SPECIFIC RIGHTS RECOGNIZED IN THE COVENANT

(articles 6–15)

Article 6: Right to work

8. Please explain to what extent the policies of the Ministry of Vocational Training and Employment help to reduce the level of unemployment. Please provide statistics of the number of persons of each sex attending vocational training or similar programmes.

9. Paragraph 100 of the report states that labour legislation entitles workers to compensation for unfair dismissal. The Committee would like to know whether any provisions of Tunisian law prohibit unfair dismissal and to what extent they are applied. Is there any relevant case–law?
Article 7: Right to just and favourable conditions of work

10. Please provide information on the mechanism used to set the minimum wage and on how it is adjusted.

11. What is the minimum wage in Tunisia and to what extent does it enable families to live decently?

12. The Committee would appreciate being provided with statistical information on the incidence of industrial accidents and occupational diseases during the last five years.

Article 8: Trade union rights

13. Please provide information on the number and types of labour unions in Tunisia.

14. The Committee would like to be provided with detailed information on the right of public sector employees to organize.

15. Please elaborate on the information contained in paragraph 120 of the report and explain what the Framework Collective Agreement consists of and how it differs from sectoral collective agreements.

16. Please provide information on the number of legal and illegal strikes during the last five years. In addition, please indicate what steps have been taken by the Government of Tunisia in response to the observations on ILO Labour Convention No. 105 on the Abolition of Forced Labour made in 1997 by the ILO Committee of Experts.

Article 9: Right to social security

17. If, as stated in paragraph 173 of the report, Tunisian legislation is in harmony with ILO Convention Nos. 102, 121, 128, 130 and 168 on this question, the Committee would be interested to know why Tunisia has not ratified those international instruments.

18. Please explain what proportion of the national budget is earmarked for social security and how this allotment has changed over the past five years.

19. The Committee would appreciate detailed information on old–age and disability pensions and on survivors' rights (para. 183 of the report).

20. Please indicate those elements of the social security system applying to the private sector and to the public sector and explain how they would be affected by the intended reforms of the system.

Article 10: Protection of the family, mothers and children

21. What is the legal status of children born out of wedlock?

22. Please provide information on whether the problem of "street children" exists in Tunisia and what happens to children without parents or legal guardians.

23. Please provide information on whether the problem of juvenile delinquency exists in Tunisia and on the measures taken to combat it.

24. What specific legislation is in place that protects the family as an institution?

25. Please provide information on the incidence of domestic violence against women and children and what measures have been undertaken to combat it.

Article 11: Right to an adequate standard of living

26. Please provide further information on policies for controlling demographic growth (para. 213 of the report).

27. Please provide information on changes in the purchasing power of the minimum wage over the last three years (para. 213 of the report).

28. What does the programme for the adjustment of the General Compensation Fund (CGC) referred to in paragraph 220 of the report consist of?

29. Please indicate what percentage of the population has access to safe drinking water from wells, cisterns or springs.

30. Please indicate the percentage of rental housing, the rental regulations, the guarantees extended to tenants and the legal basis and procedure for evictions.

31. Please provide information on the incidence of homelessness in Tunisia.

32. The Committee would appreciate further information on the so–called "twilight zones", particularly in the north–west and centre–west, and on the activities of the National Solidarity Funds from 1994 up to the present time (paras. 237–243 of the report).

33. Please provide specific information on the effects of the reduction of subsidies and price liberalization on the poorest sectors of the population (para. 269 of the report).

Article 12: Right to physical and mental health

34. Please indicate what percentage of the rural population has access to a sewage system (para. 313 of the report).

35. Please elaborate on the information contained in paragraph 325 of the report and clarify how the Government of Tunisia is maintaining the health and guaranteeing the dignity of the elderly.

36. Please state whether there are any cases of AIDS and problems of drug addiction in Tunisia.
37. The Committee would appreciate information on programmes regarding mental health.

Articles 13 and 14: Right to education

38. Please provide further details on the situation in those regions referred to in paragraph 347 of the report where school attendance is low.

39. Please state the main reasons for the school drop–out rate.

40. Please describe the results of the Government's campaign to overcome prejudices against the practice of certain occupations referred to in paragraph 382 of the report.

41. Please describe the importance attached to human rights teaching within the Tunisian education system and, in this regard in the training of teachers, members of the armed forces, judges and other public servants.

42. The Committee would appreciate being provided with statistics on higher education, disaggregated by gender and by academic discipline.

43. Please state whether there is a plan of action for the implementation of the principle of compulsory and free education for all, as set forth in articles 13 and 14 of the Covenant.

Article 15: Right to take part in cultural life and to enjoy the benefits of scientific progress and protection of the interests of authors

44. Please provide details on the number of associations or organizations voluntarily contributing their expertise and experience to further the cultural development of the country and its most vulnerable groups.

45. What concrete measures has the Tunisian Government taken to prevent intolerance?

46. To what extent is censorship practised by Government and what is the basis for such practice?



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