| The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001. Please see www.state.gov for material released since President George W. Bush took office on that date. This site is not updated so external links may no longer function. Contact us with any questions about finding information. NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein. |
TITLE: TUNISIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
TUNISIA
The Republic of Tunisia is dominated by President Zine
el-Abidine Ben Ali and the Constitutional Democratic Rally
(RCD). Ben Ali was elected to a second 5-year term in March.
He ran unopposed. The President appoints the Prime Minister,
Cabinet, and 23 Governors. In the March election, the RCD won
144 out of the 163 seats in Parliament. Four nominal
opposition parties hold the remaining 19 seats. In 1992 the
Government banned the Islamist party, An-Nahda, after a court
sentenced 265 of its members to prison for allegedly plotting
to assassinate the President and overthrow the Government.
The internal security forces include a paramilitary national
guard organized within the Ministry of Interior. The security
services continued to be responsible for human rights abuses,
including torture, though the number of known cases appears to
have declined significantly in 1994. They were allegedly
responsible for the deaths of three persons in their custody.
The major sectors of the economy include agriculture, tourism,
petroleum, textiles, clothing, and other manufactured exports,
and remittances from workers abroad. Despite a severe drought,
the economy continued its noninflationary growth in 1994, led
by a 17.7-percent jump in tourism.
Complaints of police abuse, including torture, declined
significantly in 1994, due in part to government efforts to
educate its police force and prosecute offending officers. The
security forces also made fewer security-related arrests
compared to 1993. However, significant human rights abuses
continued. The Government imprisoned two self-proclaimed
presidential candidates, as well as an opposition candidate for
Parliament who complained to a foreign journalist about the
results of the national elections.
The Government also stifled freedom of speech and the press.
The authorities dismissed a journalist from his government job
for providing an interview with one of the unofficial
presidential candidates to a foreign publication; banned two
French newspapers indefinitely for criticizing the Government;
declined to renew the residency of a foreign correspondent,
requiring him to depart the country; denied an entry visa to
another foreign journalist to cover the elections; and
interrupted telephone service to one foreign press service for
1 week and instructed its resident correspondent to depart the
country.
The police harassed several of the 117 women who signed a
petition asking the Government to move more quickly on human
rights reforms. Additionally, the Government continued to seek
out and arrest suspected members of An-Nahda and the banned
Communist Worker's Party (POCT) and to harass their relatives
and friends, including repeated interrogations and home
searches without warrants. Other significant human rights
problems include: incommunicado detention, the Government's
refusal to publish information on the punishment of security
personnel who have abused prisoners, and governmental
interference with the right to privacy.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Three reports of deaths in custody came to light in 1994. On
February 27, the police arrested Lotfi Ben Mohammed Guelaa, a
student in Paris and a leader in an Islamic student group,
after his arrival at Djerba airport. In early March, Guelaa
died in his police cell. The Government says he committed
suicide by hanging himself. The authorities arrested Ismail
Khmira in 1991 for his suspected involvement with An-Nahda. He
died in prison on February 25 of pneumonia according to the
Government. The National Guard arrested Ammar Beji on November
9 after he became involved in an argument with a government
official near Sfax. The guard said Beji hanged himself in his
police cell on November 10. The Government has not made public
its investigations into the deaths of Guelaa, Khmira, or Beji.
A possible fourth death in custody remained unconfirmed at
year's end. Sources reported that Ezzedine Ben Aiche allegedly
died in August near Sousse while in police custody.
In 1994 the Government concluded its investigations into five
cases of persons who died in police custody dating to
1991--Faisal Barakat, Abdelaziz Mehouachi, Ameur Degachi, Fethi
Khiari, and Rachid Chammahk. In each case, the official
investigation concluded there was no evidence of police
malfeasance. Investigations continue in two other deaths in
custody from 1991.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
While the law prohibits the mistreatment of detainees, there
continued to be credible reports that security forces mistreat
suspected Islamists, leftists and other persons suspected of
antigovernment activities. Many accused Islamists have claimed
in court that the police extracted their confessions by torture.
The Government denies that torture is practiced as a matter of
policy but ackowledges that security officials have abused
detainees in some cases. According to the Government, the
courts convicted 24 police officers in 1992 for human
rights-related violations. In 1993 the Government accused 17
police officers of human rights violations. The Government has
not identified them by name or indicated the nature of their
offense or their punishment.
The Government has taken a number of steps in response to
concerns about human rights abuses, including training for
police, who are now required to sign a statement that they are
aware of Tunisian and international human rights standards and
will abide by them. Manuals containing human rights documents
and directives are provided to police officers. Government
officials claim the educational level of police recruits has
increased, and veteran officers continue to undergo training.
All judges and prosecutors receive a two-semester course on the
scope and applicability of international human rights treaties
and conventions as part of their training at the Magistrates'
Institute. In October the Government authorized the Tunisian
Human Rights League (LTDH) to conduct prison visits.
Prison conditions meet internationally recognized minimum
standards.
d. Arbitrary Arrest, Detention, or Exile
The law authorizes the police to make arrests without warrants
for suspected felonies and crimes in progress and to hold
suspects in prearraignment detention for a maximum of 10 days.
Attorneys, human rights monitors, and former detainees maintain
that the authorities circumvent the 10-day limit by delaying
the registration of the date of arrest.
Detainees have the right to be informed of the grounds for
arrest before questioning and to be represented by counsel
during their arraignment hearings. Detainees do not have the
right to a lawyer during prearraignment detention but may
request an examination by a medical doctor. Otherwise they are
held incommunicado during this period. The Government provides
legal representation to indigents.
The examining magistrate at the arraignment may decide to
release the accused or remand him to pretrial detention. In
cases involving serious felonies or national security, the
accused may be held for 6 months in pretrial detention,
renewable by court order for two additional 4-month periods.
There were credible reports that some detainees have been held
in pretrial detention longer than the maximum 14 months. There
is a system of bail, but it is rarely used.
Exile is prohibited by law and not practiced by the Government.
e. Denial of Fair Public Trial
The court system comprises the regular civil and criminal
courts, including a Court of Appeals, a Supreme Court, and a
Military Tribunal. The judiciary is not independent of the
executive branch. The latter appoints, assigns, grants tenure
to, and transfers judges, a situation that makes judges
susceptible to pressure in politically sensitive cases.
In general, defendants in criminal cases receive due process.
They have the rights to be present at their trials, represented
by counsel, question witnesses, and appeal verdicts. However,
because the presiding judge dominates the trial, the role of
the defense attorney in questioning witnesses is minimal. In
1994 some defense lawyers complained that the courts did not
grant them sufficient time to prepare their cases.
Although trials in the regular courts are open to the public,
judges have restricted access in cases involving accused
Islamists or leftists. Family members and other interested
parties must obtain police approval to attend such trials. In
1994 the Government denied an entry visa to an Amnesty
International (AI) researcher who sought to observe the trial
of a prominent leftist dissident, Hamma Hamami, the leader of
the banned Tunisian Communist Workers Party. The AI researcher
had previously written reports critical of the Government.
Hamami's trial was not fair by international standards: his
lawyers did not have sufficient access to their client or time
to prepare their defense; the police had physically mistreated
Hamami while in pretrial detention; the court did not conduct a
complete investigation prior to going to trial; and the court
handed down a sentence that was not comensurate with his
alleged crime.
The Military Tribunal tries cases involving military personnel
and civilians accused of national security crimes. The
Tribunal consists of a civilian judge from the Court of
Cassation and four military judges. Defendants may appeal the
Tribunal's verdicts to the Court of Cassation, but the review
is limited to matters of law and procedure, not the facts of
the case.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence
The Constitution provides for the inviolability of the person
and the home and for the privacy of correspondence, "except in
exceptional cases defined by law." Police must have a search
warrant, but this requirement is sometimes ignored in cases in
which the authorities consider that state security is involved
or in which a "flagrant crime" is deemed to have been committed.
The authorities continued to monitor the activities of
Islamists and leftists and searched their homes without
warrants. They frequently harassed the relatives and
associates of such persons by repeatedly interrogating them.
During the year, several human rights monitors and
oppositionists accused the Government of harassment and
intimidation. Police presence in urban areas is heavy.
Traffic officers routinely stop motorists to examine their
identity and vehicular documents.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of thought, expression,
and the press. In practice, however, the exercise of these
freedoms is limited, as several government actions during 1994
demonstrated. The Press Code includes broad provisions
addressing subversion and defamation, neither of which is
clearly defined or subject to judicial review. The Government
has used these provisions for arresting political opponents and
bringing suits against the media.
In March police arrested two self-proclaimed presidential
candidates who had criticized the Government: Moncef Marzouki
and Abderrahmane El-Hani. The Government charged Marzouki, a
former president of the Tunisian Human Rights League, with
spreading false information and defaming judicial authorities
in an interview with a Spanish newspaper. They detained
Marzouki for 4 months before releasing him, but his case is
still under official investigation. The authorities charged
El-Hani, a lawyer, with membership in an unauthorized
organization and spreading false information and held him in
detention for 2 months; his trial date is pending.
Also in March, the authorities detained for 5 days Boujemaa
Remili, a defeated opposition party candidate in the
parliamentary election. Remili had complained that the
national elections were neither free nor fair. He was later
convicted of spreading false information and given an 8-month
suspended sentence.
In May, 117 women signed a petition asking the Government to
accelerate the pace of human rights reform. The authorities
later harassed and intimidated several of them at work and at
home.
Restrictive laws and practices limit freedom of the press.
Journalists and writers generally censor themselves because
they fear government retribution if they publish overly
critical articles.
The Government amended the Press Code in 1993 to expand the
definition of defamation to include the expression of opinions
based on racism, regionalism, or religious extremism.
Journalists express concern about the vague language, fearing
that it gives the Government additional grounds for legal suits.
The Government exerts considerable control over editorials by
providing official texts on major domestic and international
events. The daily newspapers routinely carry policy
announcements verbatim. Editorials do not criticise the
President or other senior government officials. Publishers and
editors have been reprimanded when government guidelines were
not followed, encouraging further self-censorship.
The Government requires domestic printers to deposit copies of
all publications destined for public sale in Tunisia with the
secretary of state for information and with the Ministries of
Interior and Justice prior to public release. The authorities
may seize a publication without compensation.
The Government also showed intolerance of criticism in the
foreign media. In February the Government refused to renew the
residence visa of a Tunis-based British Broadcasting
Corporation correspondent who had interviewed a Tunisian
dissident about his presidential aspirations and broadcast an
interview with London-based An-Nahda leader Rachid Ghannouchi
approving of the dissident's candidacy. Also in February, the
Government temporarily interrupted telephone service to the
office of the Kuwaiti News Agency and told its correspondent to
leave Tunisia after he reported an interview with Ghannouchi.
In March the Government denied an entry visa to cover the
national elections to a reporter for the French newspaper Le
Monde. The reporter had previously written articles deemed
offensive by the Government. Also in March, the authorities
dismissed a Tunisian journalist from his job with the
government-controlled Tunisian News Agency (TAP). The
journalist worked as a stringer for a French newspaper and had
submitted an interview with a Tunisian dissident to that
publication. Later the Government prohibited indefinitely the
importation of two French publications, Le Monde and
Liberation, after they published articles critical of the
Government and the President.
The Ministry of Interior censors all imported publication prior
to public release. In 1994 the Ministry prevented editions of
the French magazines Le Point and Jeune Afrique from
distribution onto the market and prohibited the entry of some
Amnesty International publications.
The Government owns and operates the Tunisian Radio and
Television Establishment (ERTT). Broadcast media coverage of
the Government is taken directly from TAP. There are two
television channels and several regional radio stations. Under
bilateral agreements with France and Italy, citizens are able
to receive the French channel France 2 and the Italian station
Rai Uno. However, in accordance with its agreement with
France, the Government replaces the prime-time news program on
France 2 with a news broadcast produced by the ERTT.
More than 30,000 homes and multifamily dwellings have satellite
receiving dishes. In December the Government imposed a
temporary halt on the granting of new licenses for the dishes.
Like journalists, university professors practice a form of
self-censorship, avoiding classroom criticisms of the Goverment
or statements supportive of the Islamist An-Nahda party. The
presence of police on campuses also discourages dissent.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly. Groups
wishing to hold a public meeting, rally, or march must obtain a
permit from the Ministry of the Interior. The Government
normally approves such permits, except in cases involving
proscribed political parties or associations.
In March 1992, the Government amended the Law on Associations
to prohibit an officer of a political party from serving as an
officer of an association and to prohibit associations from
rejecting prospective new members. The amendment had a direct
impact on the Tunisian Human Rights League (LTDH), as some of
its officers were also officers in political parties, and the
League maintained a policy of closed membership to the general
public. Not wishing to violate the new law, LTDH did not hold
a meeting for more than a year.
In 1993 the League negotiated a partial arrangement with the
Government, agreeing to prohibit League officers from also
holding office in a political party--but maintaining its policy
of closed membership. That settlement permitted the League to
hold an election for its governing board in February.
Afterwards, the League conducted its normal activities,
although it and the Government continue to discuss the
membership issue. There is no available information indicating
that the Government has applied the amendment to the Law of
Associations to other groups. Local human rights monitors fear
that the law increases government influence over all
organizations.
The law on political parties stipulates that parties must
reject all forms of violence, including fanaticism, racism, and
other types of discrimination. No political party may be based
on religion, race, sex, or region, or receive funds from a
foreign party or aid from foreign governments and citizens.
All party members must be citizens for at least 5 years.
There are seven legal political parties. In addition, there
are a few unrecognized parties, including the Islamist An-Nadha
Party, which aspire to recognition, and the Maoist Tunisian
Communist Workers' Party, which remains underground. The
Government states that An-Nahda is ineligible for recognition
because it is based on religion.
The Government uses its authority to license political parties
as a means to control the political environment. It does not
grant legal recognition to parties deemed to be a threat to the
existing political order. Aspiring political parties file for
registration with the Ministry of Interior. In 1994 a new
group--the Democratic Forum for Labor and Liberties--attempted
to register itself as a political party. The Government has so
far refused to accept the application.
c. Freedom of Religion
Islam is the state religion, but the Government permits the
practice of other religions. The Government regards the Baha'i
faith as a heretical sect of Islam. Adherents may practice
their faith in private only. However, the Government appears
to have eased some other restrictions, which in the past
included the denial of passports to Bahai's.
With a population of 2,500, Jews are the country's largest
indigenous religious minority. The Government assures the
Jewish community the freedom of worship, safeguards its
security, and pays the salary of the Grand Rabbi. The small
Christian community is mainly composed of foreigners. They are
free to attend church services.
The Government views proselytizing as a provocative act against
"public order." Authorities ask foreigners suspected of
proselytizing to depart the country and do not permit them to
return. In 1994 no persons were known to have been arrested
for proselytizing. However, the authorities did not renew the
residency permits of some foreigners suspected of proselytizing.
The Government controls the mosques and pays the salaries of
the prayer leaders. According to the 1988 law on mosques, only
government-appointed personnel may lead activities in the
mosques, except with permission from the Prime Minister's
office.
d. Freedom of Movement Within The Country, Foreign
Travel, Emigration, and Repatriation
There is freedom of movement within Tunisia, and people are
free to change their place of residence or work at will.
In 1994 there were credible complaints that the Government
withheld or limited passports in certain cases. Islamists
continued to report difficulties in obtaining passports. The
Government stated it denies passports only to persons with
legal problems at home or abroad and to those who are not
likely to use them for tourist purposes. However, lawyers who
have defended Islamist clients and persons associated with
leftist or opposition causes also reported that they and their
family members were unable to obtain or renew passports.
There is no arbitrary restriction on emigration or
repatriation. The Government does not accept refugees for
permanent resettlement. There were no reported cases in 1994
of forced repatriation.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The ability of citizens to change their government through
democratic means has yet to be demonstrated. The ruling
Constitutional Democratic Rally (RCD) Party, and its direct
predecessor parties, have controlled the political arena since
independence. The RCD controls the Cabinet, the Chamber of
Deputies, regional and local governments, and the security
apparatus. The President appoints the Prime Minister, the
Cabinet, and the 23 Governors. The President and the RCD
dominate politics at the national, regional, and local levels.
The Government and the RCD are closely integrated: The
President of the Republic is also the president of the RCD, and
the RCD's Secretary-General holds the rank of Minister of State.
The largest opposition party, the proscribed Islamist An-Nahda
Party, received 12 percent of the vote in the 1989 legislative
elections, when the Government permitted its candidates to run
as independents. However, the party is in disarray following
the conviction in 1992 of nearly all of its leaders for
plotting to overthrow the Government. In 1992 a court
sentenced in absentia Rachid Ghannouchi, the nominal head of
the party, to life in prison. Ghannouchi was granted political
asylum in Britain in 1993.
The Chamber of Deputies has 163 seats. It has yet to establish
itself as an effective counterweight to executive authority.
The electoral code provides for a winner-take-all formula in
legislative elections, but the Government amended the law in
1993 to add 19 additional seats in the Chamber of Deputies for
parties that do not win seats. Four opposition parties that
participated in the March legislative election were apportioned
those seats. Elections for the Presidency and the Chamber of
Deputies are held every 5 years. Voting is by secret ballot.
All legal parties are free to present candidates.
Presidential candidates must obtain the signatures of at least
30 members of the Chamber of Deputies or presidents of
municipalities--all but one of whom were members of the ruling
RCD party in 1994. Two persons who were not affiliated with
any political party tried to announce their candidacies for the
presidency even though they were unable to obtain the requisite
signatures. The authorities detained both of them for several
months (see Section 2.a.). None of the six legal opposition
parties offered a candidate for president, and all endorsed
President Ben Ali for reelection.
Women may participate in politics. Eleven women won seats in
the March legislative election. Nevertheless, women remain
underrepresented in government and hold few senior government
posts. One woman holds ministerial rank, and a woman is the
second vice president of the Chamber of Deputies. In municipal
councils, 19 percent of the member are women. Twenty-five
percent of Tunisian magistrates are women.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government recognizes several local human rights
organizations but subjects them to a variety of restrictions.
The most active is the Tunisian Human Rights League (LTDH). It
resumed activities in 1993 after the Government passed
restrictive amendments to the Associations Law in 1992 (see
Section 2.b.). In 1994 LTDH held its first congress since
1989, released a credible report on the conduct of the national
election, published communiques on specific cases, and provided
legal counsel for defendants in some cases.
The Arab Institute of Human Rights, founded in 1989, is a
collaborative effort of the Tunisian Human Rights League, the
Arab Organization for Human Rights, and the Union of Arab
Lawyers. The Higher Committee for Human Rights and Basic
Freedoms, established by the President in 1991, continued to
advise the President on human rights issues but did not make
public any of its findings or recommendations.
The Government in 1992 created offices in the Ministries of
Foreign Affairs, Justice, Interior, and Social Affairs to
coordinate human rights concerns. These offices advise
policymakers, coordinate human rights training, and investigate
citizens complaints.
In 1994 relations between the Government and Amnesty
International (AI) remained poor (see Sections 1.e. and 2.a.).
Section 5 Discrimination based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
Although women still face discrimination in certain legal and
social matters, the Government has made serious efforts to
advance women's rights. In 1993 the Chamber of Deputies
expanded women's rights by amending the 1956 Personal Status
Code. The Government has also ensured equal employment rights
for women by instituting changes in the Labor Code and signing
various international treaties and conventions. In 1994 the
Government enacted a law to subsidize the child-care costs for
mothers employed outside the home.
There is a significant trend toward greater educational and
professional opportunities for women. In 1994 the National
Union of Tunisian Women (UNFT) was awarded UNESCO's top prize
worldwide for its work in the fight against female illiteracy
in Tunisia. The number of women in the medical, legal, and
other professions continued to grow steadily. Women comprise
an estimated 25 percent of the work force, a figure which
probably underestimates their presence as many women are
employed in the informal sector as well as seasonally in
agriculture. According to government figures, women comprise
26 percent of the civil service, employed mainly in the fields
of education, health, and social affairs at the middle or lower
levels.
Violence against women is known to occur, but there are no
statistics on its extent. In recent years, the media have
reported on this subject, stressing that violence against women
is a serious social problem. The Tunisian Association of
Democratic Women operates a walk-in counseling service in Tunis
for battered women, assisting about 20 women a month. Battered
women generally first seek assistance from family members.
Human rights monitors have said that police intervention is
often ineffective because officers tend to regard incidents as
family problems to be handed by family members. Few cases of
spousal violence are brought to trial. In 1993 the Chamber of
Deputies strengthened criminal penalties for wife beating,
requiring judges to issue more severe sentences.
Children
Laws protecting the rights of children are included in statutes
governing education, health, inheritance, adoption, and child
custody. The Government is committed to upholding these laws.
The personal status code provides protection for children in
adoption or custody cases, or in cases of the death or
incapacitation of the children. There is no pattern of
societal abuse against children. Criminal penalties for
persons convicted of child abuse or neglect are severe.
Education is mandatory until age 16, though approximately 10
percent of students leave school before that time.
Indigenous People
The small Berber minority constitutes under 3 percent of the
population. Some older Berbers have retained their native
language. Younger Berbers have been assimilated into Tunisian
culture through schooling and marriage. Berbers are free to
participate in Tunisia's political process and express
themselves culturally.
People With Disabilities
A law enacted in 1981 prohibits discrimination based on
disabilities and mandates that disabled persons comprise at
least 1 percent of public agency and private sector employees.
All public buildings constructed since 1991 must guarantee
accessibility to physically disabled persons. Many cities,
including Tunis, have begun to install wheelchair access ramps
on city sidewalks. There is a general trend toward making
public transportation more accessible to disabled persons. The
Government issues special cards to the disabled for benefits
such as unrestricted parking, priority medical service,
preferentail seating on public transportation, and some
consumer discounts.
Section 6 Worker Rights
a. The Right of Association
The Constitution and the Labor Code stipulate the right of
workers to form unions. The Tunisian General Federation of
Labor (UGTT) is the country's only labor federation and claims
about 15 percent of the work force as members, including civil
servants and employees of state-owned enterprises. There is no
legal prohibition against the establishment of other labor
federations. A union may be dissolved only by court order.
The UGTT and its member unions are legally independent of the
Government and the ruling party but operate under regulations
which restrict their freedom of action. The UGTT's membership
includes persons associated with all political tendencies,
although Islamists have been removed from union offices. The
current UGTT leadership follows a policy of cooperation with
the Government and its economic reform program. However, there
are credible reports that the UGTT receives substantial
government subsidies to supplement the modest union dues and
funding from the National Social Security Account.
Unions, including civil servants, have the right to strike,
provided they give 10 days' advance notice and the UGTT
approves of the strike. These restrictions, however, are
rarely observed in practice. In recent years, the majority of
strikes were illegal because the UGTT did not approve them in
advance. The Government does not prosecute workers involved in
illegal strike activity. In 1994 there were 202 illegal and 42
legal strikes. The law prohibits retribution against strikers.
but some employers punish strikers who are then forced to
pursue costly and time-consuming legal remedies to protect
their rights.
Labor disputes are settled through conciliation panels on which
labor and management are equally represented. The 1994 Labor
Code reform set up tripartite regional arbitration commissions,
which settle industrial disputes when conciliation fails, to
replace the former single arbiter system.
Unions are free to associate with international bodies.
b. The Right To Organize and Bargain Collectively
The right to organize and bargain collectively is protected by
law and practiced throughout the country. Wages and working
conditions in Tunisia are set through negotiation by the UGTT
member federations and employer representatives. Approximately
47 collective bargaining agreements set standards for
industries in the private sector and cover 80 percent of the
total private sector work force. The Government's role in
these negotiations is minimal, consisting mainly of lending its
good offices if talks appear to be stalled. However, the
Government must approve of, but not modify, the agreements
which must be published in the official journal before they
become legally binding.
The UGTT also negotiates with the various ministries and 208
state-run enterprises on behalf of public sector employees. By
1994, the UGTT had concluded 3-year public and private sector
collective bargaining agreements calling for an average
5-percent annual wage increase.
The law prohibits antiunion discrimination by employers. The
UGTT claims, however, that there is increasing antiunion
activity among private sector employers, especially the alleged
firing of union activists and the use of temporary workers to
avoid a unionized work site. In certain industries, such as
textiles, temporary workiers account for 80 percent of the work
force. The Labor Code protects temporary workers, but
enforcement is more difficult than in the case of permanent
workers. A 1994 labor code revision established a committee to
hear cases involving alleged unjustified firing of workers.
There are two export processing zones, but they have not yet
begun operations.
c. Prohibition of Forced or Compulsory Labor
The law does not specifically prohibit compulsory labor, but
there have been no reports of its practive in recent years. In
1994 the International Labor Organization's (ILO) Committee of
Experts stated that the Government may violate ILO Convention
29 on forced labor but noted the President's intention to
abolish the criminal penalty of "rehabilitation through work"
on state worksites. At year's end, the Chamber of Deputies was
considering a draft bill on the issue. The practice of
sentencing convicts to "rehabilitation through work" dates to
the Penal Code of 1912.
d. Minimum Age For Employment of Children
The minimum age for employment in manufacturing is 15 years, in
agriculture 13 years. The Government requires children to
attend school until age 16. Workers between the ages of 14 and
18 are prohibited from working from 10 p.m. to 6 a.m. Children
over the age of 14 may work a maximum of 4.5 hours a day. The
combination of school and work may not exceed 7 hours.
Inspectors of the Ministry of Social Affairs examine the
records of employees to verify that employers comply with the
minimum age law. Nonetheless, young children often perform
agricultural work in rural areas and work as vendors in urban
areas.
The UGTT has expressed concern that child labor--frequently
disguised as apprenticeship--still exists, principally in the
handicraft industry. In other instances, young rural girls are
sometimes placed as domestics in urban homes by their fathers
who collect the child's wages.
e. Acceptable Conditions of Work
The Labor Code provides for a range of administratively
determined minimum wages. The minimum wage levels are
determined by a commission of representatives from the the
Ministries of Social Affairs, Planning, Finance, and National
Economy. During the course of its deliberations, the
commission consults with the UGTT and the Employers Union. The
President approves the commissions' recommendations. When
supplemented by transportation and family allowances, the
minimum wage covres only essential costs for a worker and his
family. In August the commission raised the minimum monthly
industrial wage to about $130 for a 40-hour workweek and the
daily minimum agricultural wage at nearly $4.50.
The Labor Code sets a standard 48-hour workweek for most
sectors and requires one 24-hour rest period. The workweek is
40 hours for those in the energy, transportation,
petrochemical, and metallurgy industries.
Regional labor inspectors are responsible for enforcing
standards, they inspect most firms about once every 2 years.
However, the Government often encounters difficulty in
enforcing the minimum wage law, particularly in nonunionized
sectors of the economy. Moreover, according to a 1992 study,
some 240,000 workers are employed in the informal sector, which
falls outside of the purview of labor legislation.
The Ministry of Social Affairs has responsibility for improving
health and safety standards in the workplace. There are
special government regulations covering such hazardous
occupations as mining, petroleum engineering, and
construction. Working conditions and standards tend to be
better in firms that are export-oriented than in those
producing for the domestic market. Reported workplace
accidents during the first 6 months of 1994 (latest data
available) indicate a 0.9 percent decline in mishaps over the
same period in 1993. However, the total workdays lost due to
accidents during the same period were up 6.5 percent over
1993. Work-related deaths increased to 82 in the first 6
months of 1994, compared to 76 for the same period in 1993.
Workers are free to remove themselves from dangerous situations
without jeopardizing their employment, and they may take legal
action against employers who retaliate for exercizing their
right.
(###)
[end of document]
Return
to 1994 Human Rights Practices report home page.
Return to DOSFAN
home page.
This is an official U.S. Government source
for information on the WWW. Inclusion of non-U.S. Government links
does not imply endorsement of contents.