economic, social and cultural rights in tunisia: an assessment
TRANSCRIPT
This article was downloaded by: [University of California Santa Cruz]On: 26 November 2014, At: 08:09Publisher: RoutledgeInforma Ltd Registered in England and Wales Registered Number: 1072954 Registered office: Mortimer House,37-41 Mortimer Street, London W1T 3JH, UK
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Economic, Social and Cultural Rights in Tunisia: AnAssessmentAzzam MahjoubPublished online: 08 Sep 2010.
To cite this article: Azzam Mahjoub (2004) Economic, Social and Cultural Rights in Tunisia: An Assessment, MediterraneanPolitics, 9:3, 489-514, DOI: 10.1080/1362939042000259979
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Economic, Social and CulturalRights in Tunisia: An Assessment
AZZAM MAHJOUB
The main objective of this study is to assess the degree of realization of economic,social and cultural rights (ESCRs) in Tunisia, taking into account two primaryprinciples: achievement of adequate progress and non-discrimination. After clarifyingthe concept of economic, social and cultural rights and the nature of the associatedresponsibilities and hence obligations, the study describes the ongoing United Nationsassessment system based on government reports (with Tunisia as an example).It goes on to apply statistical tools and methods in order to evaluate progressand failings in the full exercise of ESCRs in Tunisia. Finally, it develops anindicator (the Rights Deprivation Index) designed to show the substantial differencesacross regions.
In this essay the intention is first of all to clarify the economic, social and
economic rights under the International Bill of Human Rights and the
International Declaration on the Right to Development. In the second section,
on the basis that rights mean responsibilities and hence obligations, the nature
of the obligati
ons on states as parties to the International Covenant on Economic, Social and
Cultural Rights will be spelled out and the essential principles for assessing
progress in implementing these rights will be identified. The third section will
relate to the present assessment system based on the practice of government
reports discussed by the Committee on Economic, Social and Cultural Rights
under the United Nations (UN) Economic and Social Council. The case of
Tunisia will then be presented. A fourth section will go on to introduce two
methodologies for the statistical evaluation of implementation of the full
exercise of economic, social and cultural rights based on the yardstick of two
primary principles: achievement of adequate progress and non-discrimination.
The final two sections will demonstrate the results of applying these two
methodologies to the case of Tunisia.
Mediterranean Politics, Vol.9, No.3 (Autumn 2004), pp.489–514ISSN 1362-9395 print/ISSN 1743-9418 online
DOI: 10.1080/1362939042000259979 q 2004 Taylor & Francis Ltd
Azzam Mahjoub is Professor of Economics at the University of Tunis, Tunisia. This study istranslated from French by Iain L. Fraser (European University Institute, Florence, Italy).
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Economic, Social and Cultural Rights and the International Bill
of Human Rights
The International Bill of Human Rights is regarded as the keystone of UN
action to protect and promote human rights and fundamental freedoms. The
bill consists of three main elements:
. the Universal Declaration of Human Rights;
. the International Covenant on Civil and Political Rights;
. the International Covenant on Economic, Social and Cultural Rights.
To these three documents should be added, within this system, the Declaration
on the Right to Development, adopted by the UN General Assembly in
December 1986.
In the Universal Declaration of Human Rights, economic, social and
cultural rights (ESCRs) are set forth in Articles 22–27. The ESCRs break down
into four categories. The first concerns the right to social security and protection
(Article 22). The second concerns the right to work (Articles 23 and 24). The
third category concerns the right to an adequate standard of living including
health, food, accommodation and protection of childhood (Article 25). Finally,
the fourth category concerns the right to education (Article 26); to participation
in cultural life and in scientific and technical advancement (Article 27).
As regards the Covenant on ESCRs (which entered into force in 1976), it
takes over the four categories of rights set forth in the Universal Declaration of
Human Rights, reclassifying and detailing them. Additionally, the Covenant
clearly sets out two major principles underlying the whole set of ESCRs.
The first relates to non-discrimination. Article 2(2) states explicitly: ‘The States
Parties to the present Covenant undertake to guarantee that the rights
enunciated in the present Covenant will be exercised without discrimination of
any kind as to race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status’. Article 3 reiterates the
principle of non-discrimination on grounds of sex, stating: ‘the States Parties to
the present Covenant undertake to ensure the equal right of men and women to
the enjoyment of all economic, social and cultural rights set forth in the present
Covenant’. These two great principles – non-discrimination and the equality of
the sexes – are primary.
As for the formulation of the ESCRs, the Covenant lays down, article by
article, the list of rights in question. These are:
. the right to work (Article 6);
. the right to just and favourable conditions of work, fair wages, a decent
living, safe and healthy working conditions, rest and leisure etc. (Article 7);
. Trade Union rights and the right to strike (Article 8).
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These three articles (6, 7 and 8) can be regarded as coming into the category
‘Right to work’. Article 9 goes on to recognize the right to social security,
including social insurance. Article 10 recognizes the right to special protection
for motherhood and childhood. Article 11 goes on to state the right of everyone to
an adequate standard of living for himself and his family, including adequate food
(protection from hunger), to housing, and to the continuous improvement of
living conditions. Article 12 concerns the right to health, with special mention of
infant mortality, environmental hygiene, treatment of epidemic diseases and the
right to medical services and medical attention. Article 13 deals in detail with the
right to education, particularly to compulsory primary education available free to
all. Compulsory primary education, free of charge, is further stressed in
Article 14. Finally, Article 15 deals with cultural rights, in particular to enjoy the
benefits of scientific progress and its applications, and respect for the freedom
indispensable for scientific research and creative activity.
Regarding the Declaration on the Right to Development (1986), the
following points should be highlighted. Here, development is regarded as a
comprehensive economic, social, cultural and political process aiming at
continuous improvement of the well-being of the entire population and of all
individuals, on the basis of their active, free and meaningful participation in
development and in the fair distribution of its benefits.
It goes on to consider that all human rights and fundamental freedoms are
indivisible and interdependent and that, in order to promote development,
equal attention and urgent consideration should be given to the imple-
mentation, promotion and protection of civil, political, economic, social and
cultural rights and that, accordingly, the promotion of, respect for and
enjoyment of certain human rights and fundamental freedoms cannot justify
the denial of other human rights and fundamental freedoms. Emphasis is
placed on the principle of the shared responsibility of States and the
international community (international co-operation, disarmament, a fairer
international order) to guarantee this right to development.
Article 8 of the Declaration mentions the ESCRs, specifically equality of
opportunity for all in their access to basic resources, education, health
services, food, housing, employment and the fair distribution of income. In fact
the Declaration on the Right to Development highlights the principles of
participation, fairness and shared responsibility for promoting comprehensive
development, where all human rights are indivisible, interdependent and
should be equally promoted.1
Obligations of States Parties to the International Covenant on ESCRs
Rights always entail responsibility and entail obligations. There is agreement
that ‘the responsibility of States in terms of human rights arises at three
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levels: obligation to respect these rights, obligation to protect them and
obligation to give them specific content’.
Considering the International Covenant on ESCRs, it may be noted
that:
. the obligation to respect them appears explicitly as regards the right to
education; Article 3(3) states: ‘the States Parties to the present Covenant
undertake to have respect for the liberty of parents and, where applicable,
legal guardians to choose for their children schools, other than those
established by the public authorities, which conform to such minimum
educational standards as may be laid down or approved by the State and to
insure the religious and moral education of their children in conformity
with their own convictions’. Article 15(3), furthermore, states clearly in
relation to cultural rights that ‘the States Parties to the present Covenant
undertake to respect the freedom indispensable for scientific research and
creative activity’.
. As regards the obligation to protect them, though not stated explicitly, it is
regarded by international legal experts as implicit as soon as a right is
stated. In fact, for lawyers this obligation to protect is both a corollary of
the obligation to respect rights and a preliminary condition for making the
human right in question effective.2 A very brief analysis of the obligation
to respect and protect ESCRs brings out the interdependence and
complementarity of the various categories of human rights. Be it the right
to education (parental freedom as regards education of their children),
cultural rights (freedom of scientific research and creative activity) or trade
union rights, it is manifest that civil and political rights are necessary to the
exercise of these ESCRs.
. Finally, regarding the obligation to implement, that is to give specific
concrete content to the ESCRs, this is worth going into further.
For Article 2 specifies that: ‘Each State Party to the present Covenant
undertakes to take steps, individually and through international
assistance and cooperation, especially economic and technical, to the
maximum of its available resources, with a view to achieving
progressively the full realization of the rights recognized in the present
Covenant by all appropriate means, including particularly the adoption
of legislative measures’. The interpretation widely accepted by lawyers
is that in fact certain obligations relating to certain ESCRs are not
conditional, and must be of immediate effect. Thus, the obligations to do
with application of the principle of non-discrimination (Article 2(2)),
gender equality (Article 3) and the obligations to respect and to protect
freedoms relating to parents’ educational choices, scientific research and
cultural creation, as well as trade union freedoms, do not allow for any
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delay in implementation and are not conditional on available resources.
For the other ESCRs, states are bound, within a reasonably short time,
to take measures to ensure progressive enjoyment of these ESCRs
(formulate a specific diagnosis, adopt appropriate measures and
procedures, commit the necessary funds, all without great delay). The
obligation is to act and take steps forthwith, and thus without great
delay, even if actual implementation of these rights in terms of results
may come about gradually. In a certain sense, there is an almost
immediate obligation to act and commit resources, and an obligation to
produce progressive results. There is an explicit obligation of conduct,
to undertake to act. As regards the obligation to commit resources,
Article 2 mentions the taking of steps, with recourse to international
assistance and co-operation, to the maximum of available resources, by
all appropriate means. These two obligations are not susceptible to any
delay, and condition the obligation as to outcome, namely progressively
to achieve full realization of the rights recognized in the International
Covenant on ESCR. There is accordingly an obligation to act as
rapidly and effectively as possible (appropriate measures, up to the
maximum of available resources) in order to attain the objective, namely
progressive achievement of full exercise of the ESCRs within an
appropriate time.
This idea of progress towards full exercise of the ESCRs (albeit the
obligation to act and commit appropriate resources is, as it were,
immediate) has led lawyers and international experts to specify so-called
minimum core obligations for the ESCRs. The Committee on ESCRs
(a committee of the UN Economic and Social Council, ECOSOC) stated in
1990 that the minimum core obligations are ‘to ensure the satisfaction of, at
the very least, minimum essentials of each of the rights. . .. Thus, for
example, a State Party in which any significant number of individuals is
deprived of essential foodstuffs, of essential primary health care, of basic
shelter and housing, or of the most basic forms of education is, prima facie,
failing to discharge its obligations under the Covenant . . .’. Thus, whatever
may be the position, even in the case of difficulties, states must assume
certain minimum core obligations and give them priority. In difficult
situations states may not refrain from ensuring these minimum core
obligations in relation particularly to their vulnerable population. Here the
principle of non-discrimination becomes pre-eminent, and suggests that in
every circumstance the state must in some way act, to guarantee enjoyment
of a minimum level of rights to health, education, food and
accommodation, and so forth, with the remainder of the obligations
consisting in progressively ensuring full exercise of these. This notion of
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a minimum core obligation is important and useful in assessing the situation
relating to ESCRs.
Evaluation of Progress in Implementing ESCRs: The ‘Official’ Reports
Presented to the Committee on ESCR and the Case of Tunisia
Once the obligation to implement ESCRs so as to achieve their progressive
full realization has been stated, it is now appropriate to consider the crucial
question of ways to evaluate progress accomplished in providing these rights.
What methods, tools or mechanisms can be used to give as exact as possible an
account of advances (or setbacks) in effective implementation of ESCRs,
in such a way as to be able where necessary to challenge States Parties to
the Covenant where they fail to meet their obligations (as defined in the
Covenant)?
In this connection increasing recourse is made to statistical indicators for
assessing the human rights situation and disclosing failures to meet obligations
to implement them. This essay now takes up this new approach, proposing
below some appropriate methodologies for assessing advances (or setbacks) in
implementation or actual enjoyment of ESCRs that allow us to establish
how far the States Parties have taken up their obligations and kept their
commitments.
Before considering this, it must be mentioned that the Covenant on
ESCRs stresses in Article 16 that ‘the States Parties . . . undertake to submit
. . . reports on the measures which they have adopted and the progress
made in achieving the observance of the rights recognized [in the
Covenant]’. The periodic reports submitted by states are the keystone of
the system for follow-up, monitoring and assessment by the UN. To this
end, a handbook on the drawing up of reports and implementation of
ESCRs has been drawn up by the UN Centre of Human Rights and the
United Nations Institute for Training and Research (UNITAR). This is a set
of methodological principles and practical approaches to help states draw
up these reports, so as to answer a series of essential questions regarding
measures taken and progress achieved. Each report is presented and
then debated on with independent experts at the Committee on ESCRs
(which comes under ECOSOC). This Committee’s final comments are
worded so as to bring out the positive aspects and the factors and
difficulties that hamper application of the Covenant. Major concerns
(failings, weaknesses, breaches) are then brought out, followed by
recommendations.
For the case of Tunisia, the last report (the second one) dates from
1999; the main points of the ESCR Committee’s final observations will be
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presented, to give an initial assessment of implementation of ESCRs in
Tunisia. It should be stressed here that on a world scale a new trend is
emerging of recourse to parallel alternative reports, issued by non-
governmental organizations (NGOs) supported by independent national or
international expertise. This is the case particularly in Latin America
(especially Brazil and Mexico), but also in other parts of the world (see, for
instance, the report published in October 2000 by the Association
Marocaine des Droits Humains as a reaction to the official report). This new
procedure is de facto helping to establish the culture of responsibility
(questions, petitions, and legal appeals where necessary). What is
interesting in the Latin American experience, where civil society has
clearly made considerable advances, is that the drawing up of the
alternative reports (presented in parallel before the Committee on ESCRs)
combines the efforts and actions of NGOs engaged in the human rights area
and in the area of sustainable human development, as well as independent
academic circles. The drawing up of such reports is a valuable opportunity
for holding broad citizen debates, de facto helping to defend and promote
ESCRs by disseminating information, organizing petitions and making
appeals to international bodies to challenge flagrant breaches of
ESCR obligations. To such ends it would be useful to apply a similar
line in the countries of the southern and eastern Mediterranean. The Euro-
Mediterranean Partnership might also act as an appropriate framework to
this end.
Consideration by the ESCR Committee of the Second Report Submitted by
Tunisia (May 1999)
Positive Aspects:
Guarantee of ESCR gender equality (Article 3) Advance in promoting ESCRsfor women
Right to an adequate standard Reduction in povertyof living (Article 11) Advance in HDI
Social expenditure/ GDP kept atsatisfactory level
Right to social protection (Article 9) Security net: The National SolidarityFund
Right to health (Article 12), Increase in life expectancyincluding environmental hygiene Reduction of infant mortality
Efforts in environmental protection
Right to education (Articles 13 and 14) Reduction in illiteracyIncrease in school attendance1991 law: compulsory free primary
schooling
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Concerns:
In the light of these summary tables, it appears that, despite the advances
made, the ESCR Committee had several times expressed concern at
application of the principle of non-discrimination on the basis of geographical
environment or location (urban/rural, coast/interior). In fact in relation to both
right to work, decent standard of living, housing, health and education,
mention is systematically made of disparities. Additionally, despite evident
progress in promoting women’s ESCRs, they continue to suffer discrimination
as regards inheritance, access to responsibility, pay and literacy. Again, as
regards the right to work, the particularly high unemployment rate combined
with restrictions on trade union rights shows how much progress still has to be
made if these rights are to be exercised in full. Finally, the censorship practised
against researchers or cultural creators, combined with the unlikelihood,
according to the Committee, of invocation of ESCRs before the courts, points
to the difficulties in asserting ESCRs.
Methodology for Evaluating Progress in Implementing ESCRs
As stated at the outset, it is believed that statistical indicators are a valuable
tool in defending and promoting human rights. By identifying the main actors
Guarantee of ESCR equality between sexes Continuing discrimination against women:(Article 3) – inheritance
– responsible posts– remuneration– literacy
Right to work (Article 6) High unemployment rate (15.6% in 1998)including 40% first job seekers
Urban/ rural, coast/ interior disparitiesTrade union rights (Article 7) UGTT trade union monopoly
Restricted right to strike: prior authorizationfrom UGTT
Right to protection of motherhood andchildhood (Article 10)
Divergence between age of end ofcompulsory schooling (16) andminimum age for job entry (15 in themanufacturing sector, 13 in agriculture).Hence growing risk of school drop-outs.
No statistics on conjugal violenceRight to education (Article 14) High illiteracy rate (1/3 of population)
– 43% for women and 23% for menUrban/rural, coast/interior disparitiesComparatively frequent school drop-outs
Right to health (Article 12) Life expectancy, infant mortality:Urban/rural, coast/interior disparities
Right to decent standard of living Urban/rural, coast/interior disparities(Article 11) – including right to housing Urban/rural, coast/interior disparities
Cultural rights: freedom for scientific researchand creative activity (Article 16)
Existence of censorship
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(here states) it enables them to be brought to answer for their acts. This is liable
to help with procedures for ensuring responsibility. The questioning of states
underlies the evaluation of their policies and results, requiring the development
of objective, relevant, measurable and reliable criteria. It must however be
agreed, that whatever the degree of relevance or reliability, measurable criteria
cannot by themselves give an account of the entirety of ESCR situations; other
qualitative or contextual analyses are necessary. That said, it is believed that the
use of appropriate quantitative tools may prove to be a valuable addition in the
human rights area. It offers greater seriousness and greater credibility.
The evaluation exercise focuses on states as contracting parties and as
decisive actors in implementing ESCRs. Additionally, the implementation
obligations will be targeted, that is the obligations of result (guarantee of
effective access), namely the conversion of results obtained into rights
actually exercised. The assessment should be made against the yardstick of
two fundamental principles:
. achievement of adequate progress (Article 2(1));
. absence of discrimination (Article 2(2)).
For each of these principles we designed an appropriate methodology:
(a) Achievement of adequate progress: assessment by the yardstick of the
millennium objectives.
(b) Non-discrimination: an index of ESCR shortfalls by geographical location.
Achievement of Adequate Progress: Assessment by the Yardstick
of the Millennium Objectives
The achievement of adequate progress (first principle) means – as has already
been shown – that the full exercise of ESCRs takes time, and that the need is
to measure development therein over time in order to evaluate progress.
However, once progress has been recorded, the question to ask is whether the
rate of progress is adequate. In its 2000 report on Human Development, the
United Nations Development Programme (UNDP) suggests a useful tool to
agree what an adequate rate of progress is, namely the setting of benchmark
objectives. As an example, for the right to an adequate standard of living, the
reference objective would be to reduce the poverty rate by half between now
and the year 2015. This enables an objective to be converted into a specific
goal, so that advancement and effective implementation of the corresponding
right can be followed. To escape bias in setting objectives, appropriate
recourse to the consensus of the international community around the
millennium objectives seems entirely justified.
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States affirmed their commitment to these objectives, stated in terms of
precise quantitative targets. In realizing these objectives/targets, appropriate
indicators both enable them to be precisely identified and allow progress
accomplished or yet to be accomplished in attaining them to be measured.
These millennium objectives, as benchmark objectives for evaluating the
achievement of adequate ESCR progress, can be regarded as representing, up
to a certain point, what one might regard as minimum core obligations.
Thus, for this evaluation exercise on Tunisia a correspondence between
millennium objectives, ESCRs and the corresponding indicators has been
drawn up (see Table 1).
Non-Discrimination: An Indicator of ESCR Shortfalls by Geographical
Location
In the light of the concerns expressed by the ESCR Committee about Tunisia
related to discrimination by location – sector (urban, rural) and/or region
(coastal, interior) – we felt it useful to evaluate implementation of these ESCRs
in relation to inequalities between regions and subregions (governorates) in
Tunisia.
The ESCR deprivation index (RDI) which has been constructed draws
on methodology set up by the UNDP for the Human Poverty Index (HPI). It should
be recalled that human poverty is defined as a set of lacks or deprivations: of long
life, educationand decent livingconditions.The HPI measures these shortcomings
or lacks. It includes several variables. One could bring an ESCR into connection
with each variable expressing a deprivation.
The deprivation variables were expanded on in order to better capture and
better extend the range of ESCRs represented.
Thus, it was considered which rights could be taken as corresponding to
the minimum core obligations.
. The right to a decent standard of living is represented in terms of
deprivation by two indicators: the rate of income poverty3 and the
malnutrition rate for children under five.
HPI ESCR
% people liable to die before 40% individuals without access to health services Right to health% illiterate adults Right to education% population without access to safe water and
sanitationRight to housing
% underweight children under five Right to food (freedom from hunger)
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14
Go
al
3:
Pro
mote
gen
der
equ
ali
tya
nd
emp
ow
erw
om
enE
nsu
reth
eeq
ual
rig
ht
of
men
and
Gir
ls/b
oy
sen
rolm
ent
rati
oin
:T
arget
:E
lim
inat
egen
der
dis
par
ity
inpri
mar
yan
dse
condar
yed
uca
tion,
pre
fera
bly
by
2005
and
inal
lle
vel
sof
educa
tion
no
late
rth
an2015
wo
men
Art
icle
3†
pri
mar
yed
uca
tio
n†
seco
ndar
yed
uca
tion
Go
al
4:
Red
uce
chil
dm
ort
ali
tyR
igh
tto
hea
lth
(of
chil
dre
n)
(red
uct
ion
of
infa
nt
mort
alit
y)
Art
icle
12
(2)(
a)
Un
der
-five
mo
rtal
ity
rate
(per
1,0
00
liv
eb
irth
s)
Tar
get
:R
educe
by
two-t
hir
ds,
bet
wee
n1990
and
20
15
,th
eu
nd
er-fi
ve
mo
rtal
ity
rate
Go
al
5:
Impro
vem
ate
rna
lh
ealt
hR
igh
tto
hea
lth
Art
icle
12
Mat
ern
alm
ort
alit
yra
tio
(per
10
0,0
00
liv
eb
irth
s)T
arget
:R
educe
by
thre
e-quar
ters
,bet
wee
n1990
and
20
15
,th
em
ater
nal
mo
rtal
ity
rate
Rig
ht
of
moth
ers
tosp
ecia
lpro
tect
ion
Art
icle
10
(2)
Pro
port
ion
of
bir
ths
atte
nded
by
qu
alifi
edp
erso
nnel
(%)
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TA
BL
E1
con
tin
ued
Go
als
Eco
nom
ic,
So
cial
and
Cu
ltu
ral
Rig
hts
Ind
icat
ors
Go
al
6:
Co
mb
at
HIV
/AID
S,
ma
lari
aa
nd
oth
erd
isea
ses
Rig
ht
toh
ealt
h:
pre
ven
tio
nan
dtr
eatm
ent
of
epid
emic
dis
ease
sN
oav
aila
ble
dat
ao
nH
IVfo
rth
eA
rab
cou
ntr
ies
Tar
get
:H
ave
hal
ted
by
20
15
and
beg
un
tore
ver
seth
ein
cid
ence
of
mal
aria
and
oth
erm
ajo
rd
isea
ses
Rig
ht
toh
ealt
h:
pre
ven
tio
nan
dtr
eatm
ent
of
epid
emic
dis
ease
sA
rtic
le1
2(2
)(c)
Mo
rtal
ity
rate
du
eto
mal
aria
(per
10
0,0
00
peo
ple
)M
ort
alit
yra
ted
ue
totu
ber
culo
sis
(per
10
0,0
00
peo
ple
)
Go
al
7:
En
sure
envi
ron
men
tal
sust
ain
ab
ilit
yT
he
pro
port
ion
of
peo
ple
wit
hp
erm
anen
tac
cess
toa
safe
wat
erso
urc
e,in
both
citi
esan
dco
un
try
sid
eT
arg
et:
Hal
ve
by
20
15
the
pro
po
rtio
no
fp
eop
lew
ith
out
sust
ainab
leac
cess
tosa
fedri
nkin
gw
ater
Rig
ht
toad
equ
ate
ho
usi
ng
Art
icle
11
Rig
ht
toim
pro
vem
ent
of
all
asp
ects
of
env
iro
nm
enta
lh
yg
ien
eA
rtic
le1
2(2
)(b
)T
arg
et:
Hav
eac
hie
ved
by
20
20
asi
gn
ifica
nt
imp
rovem
ent
inth
eli
ves
of
atle
ast
10
0m
illi
on
slum
dw
elle
rsT
he
pro
port
ion
of
urb
anp
op
ula
tio
nw
ith
acce
ssto
impro
ved
sanit
atio
n
Go
al
8:
Dev
elo
pa
glo
ba
lp
art
ner
ship
for
dev
elo
pm
ent
Tar
get
:In
co-o
per
atio
nw
ith
dev
elo
pin
gco
un
trie
s,d
evel
op
and
imp
lem
ent
stra
teg
ies
for
dec
ent
and
pro
duct
ive
wo
rkfo
ry
ou
th
Rig
ht
tow
ork
Art
icle
6Y
ou
thu
nem
plo
ym
ent
rate
(%o
fth
ela
bou
rfo
rce
aged
15
–2
4an
db
yg
end
er)
Tar
get
:In
co-o
per
atio
nw
ith
phar
mac
euti
cal
com
pan
ies,
pro
vid
eac
cess
toaf
ford
able
esse
nti
aldru
gs
ind
evel
op
ing
cou
ntr
ies
Rig
ht
toh
ealt
h(h
ealt
hse
rvic
es)
Art
icle
12
(2)(
d)
Th
ep
rop
ort
ion
of
peo
ple
wit
hp
erm
anen
tac
cess
toes
senti
aldru
gs
atan
affo
rdab
leco
st(%
)T
arg
et:
Inco
-op
erat
ion
wit
hth
ep
riv
ate
sect
or,
mak
eav
aila
ble
the
ben
efits
of
new
tech
no
log
ies,
esp
ecia
lly
info
rmat
ion
and
com
mun
icat
ion
ste
chno
log
ies
Rig
ht
toen
joy
the
ben
efits
of
scie
nti
fic
pro
gre
ssan
dit
sap
pli
cati
ons
Art
icle
14
Tel
ephone
and
cell
ula
rm
obil
e(p
er1
,000
peo
ple
)
Inte
rnet
ho
sts
(per
1,0
00
peo
ple
)P
erso
nal
com
pu
ters
(per
1,0
00
peo
ple
)
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. The right to work is represented in terms of deprivation by the
unemployment rate and the rate of precarious employment (seasonal
and/or undeclared).
. For the right to health, deprivations are expressed as the probability of
death before 40, and the percentage of the population without access to
basic health services.
. For the right to housing, deprivation is expressed by the percentage
without access to drinkable water, and to sanitation.
. Finally, deprivations of the right to education are reflected by the illiteracy
rate and the primary school drop-out rate.
A total of five rights and ten indicators (two each), equally weighted, enable
us to establish an overall ESCR deprivation index (RDI: arithmetic mean of the
ten indicators). The value of these indicators is not just in diagnosing lacks and
shortcomings in applying the principle of non-discrimination, but also in
guiding decision makers in targeting priorities for each governorate, so as to
enable progressive achievement of full exercise of these essential ESCRs.
For this purpose Tunisia is divided into seven major regional units, each
made up of three or four governorates. All the figures are for the year 2000,
except for the school drop-out rate, which is for 1998.
Evaluation of Progress in Implementing ESCRs by the Yardstick
of the Millennium Objectives4
We shall now, on the basis of the table of correspondences between
millennium objectives and targets, ESCRs and indicators, follow develop-
ments in Tunisia so as to assess the level of achievement of progress
(accomplished or yet to be) in guaranteeing full exercise of ESCRs. We shall
proceed objective by objective and target by target, using statistics from the
UNDP and also from the Tunisian INS.
Objective 1: Eradicate Extreme Poverty and Hunger
(Article 11: Right to an adequate living standard and constant improvement in
living conditions.)
GDP per capita($) 2001
GDP per capitaannual growth rate 1990–2001
Total population(millions) 2001
Tunisia 2066 3.1 9.6Arab countries 2341 0.7 289.9World 5133 1.2 6148.1
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For this first objective, the good performance by Tunisia must be noted, with an
advance in gross domestic product (GDP) growth rate per head (3.1 per cent)
between 1990 and 2001, two-and-a-half times greater than the world average
and over four times greater than that for the Arab countries. Results are
accordingly positive from the viewpoint of the principle of making progress;
however, from the viewpoint of the principle of non-discrimination in terms of
social disparity it should be stressed that Tunisia has a high distributional
inequality index (Gini income concentration index) (by comparison with
the average for Arab countries for which data are available), which,
moreover, increased according to the INS between 1990 and 2000. The Gini
coefficient here was 0.401 in 1990 and 0.409 in 2000. Inequality peaked
particularly between 1990 and 1995, at 0.417 for the latter year. In other Arab
countries the Gini index in the 1990s was 0.395 for Morocco, 0.373 for
Mauritania, 0.364 for Jordan, 0.353 for Algeria, 0.344 for Egypt and 0.334 for
Yemen.
Target 1: Between 1990 and 2015, to reduce by half the proportion of the
population with an income below $1 per day (Article 11: Right to an adequate
standard of living and to constant improvement in living conditions).
Here the good results achieved and progress made are very significant. The
$1 per day poverty rate is in fact particularly low, and even the $2 per day
rate is only 7.6 per cent. Over the last two decades, Tunisia has made a
sustained effort to reduce poverty, bringing tangible results. Despite the
methodological biases affecting INS estimates,5 on a national scale the most
deprived population as a percentage of total population (poverty rate) fell
steadily: 12.9 per cent in 1980, 4.2 per cent in 2000. Over the same period
the number of extreme poor fell by over half, from 823,000 in 1980 to
399,000 in 2000. Spatially, the fall in poverty benefited rural environments
much more, with the poverty rate falling from 14.1 per cent (1980) to 2.9
per cent (2000), an improvement of 11.2 points, whereas in the urban
environment the improvement was only 6.8 points. However, poverty was
worse in the rural environment until a reversal of trend in 1982. This
‘urbanization’ of poverty is presumably partly due to the rapid increase in
urbanization rate. The poverty rate falls faster in the rural environment with
Population living on less than$1 per day (%) 1990–2001
Population living on less than$2 per day 1990–2001
Tunisia ,2 7.6Arab countries 2.1 30.1World 20.2 –
ECONO MI C AND SOCI AL RIG HTS IN TH E E MP502
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the number of very poor living there, whereas in the urban environment the
fall is rather slow, even accompanied by an increase in the number of the
poor for the period from 1985 to 1995.
Target 2: Between 1990 and 2015, to reduce by half the proportion of
the population suffering from hunger (Article 11(2): Right to be free from
hunger).
In the light of these figures, we may estimate almost complete enjoyment
of the right to food.
Objective 2: Achieve Universal Primary Education
Target: To ensure by 2015 that children everywhere, boys and girls alike,
will be able to complete a full course of primary schooling (Article 13:
Right to compulsory primary education; Article 14: Right to free primary
education).
The results achieved, as well as progress accomplished between 1990–91
and 2001, show very good performance by Tunisia in comparison with the
world average and the average for Arab countries. One observation, however:
the figure of 99 per cent for 2000–01 [UNDP, 2003] is actually the rate of
registration in the first year of primary school according to the INS. In fact,
today all children aged 6 are at school. However, the schooling rate between
6 and 12, according to the INS, was 82 per cent for 2001 (88.1 per cent in 1991).
At the rate of progress between 1991 and 2001, the 100 per cent objective will be
achieved by 2014.
Percentage of population suffering malnutrition
1990–92 1998–2000
Tunisia 1 –Arab countries 13 13
Percentage of children less than 5 years who are underweight 1995–2001Tunisia 4
Net primary schooling rate (%)
1990–91 2000–01
Tunisia 94 99Arab countries 73 77World 82 84
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Objective 3: Promote Gender Equality and Empower Women
Target: To eliminate gender disparities in primary and secondary education
preferably by 2005 and at all levels of education not later than 2015 (Article 3:
Guarantee equality of rights between the sexes).
Here, considering the recent figures supplied by the INS, the girls/boys
ratio in primary schools now equals one (perfect equality in the year 2000).
Obviously, the progress achieved in this area leads us to believe that Tunisia
has recently achieved or is in course of achieving the equality objectives set
for the millennium.
Objective 4: Reduce Child Mortality
Target: To reduce by two-thirds, between 1990 and 2015, the under-five
mortality rate (Article 12: Right to health, Article 12(2)(a) Reduction of infant
mortality).
Here again, the results attained and progress achieved show good
performance by Tunisia by comparison with the averages for Arab countries
and for the world. According to UNDP figures, the objective of reducing
the mortality rate by two-thirds between 1990 and 2015 would, at the same
rate as the progress accomplished, bring it down to 17 per 1000 live births
in 2015.
Objective 5: Improve Maternal Health
Target: To reduce by three-quarters, between 1990 and 2015, the maternal
mortality rate (Article 12: Right to health; Article 10(2) Right to special
protection of mothers).
Proportion of girls to boys registered
in primary education in secondary education in higher education
1990–91 2000–01 2000–01 2000–01
Tunisia 0.85 0.91 1.01 0.93
Mortality rate under five (per 1000 live births) Objective
1990 2001 2015
Tunisia 52 27 17Arab countries 90 72 30World 93 81 31
ECONO MI C AND SOCI AL RIG HTS IN TH E E MP504
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In the light of these figures, Tunisia, despite a still comparatively high
mortality rate by comparison with Organization for Economic Cooperation
and Development (OECD) countries (only 12 per 100,000 live births),
nonetheless has a good position by comparison with the world average. At the
rate of progress achieved between 1975 and 1994, the objective of a reduction
of three-quarters would be reached only in 2022 (18.1 per 100,000 live births),
equivalent to what has already been achieved by many developed countries.
Here, then, the need is to speed the rate of reduction in maternal mortality: this
is a priority objective.
Objective 6: Combat HIV/AIDS, Malaria and Other Diseases
Target: To have halted the progress of HIV/AIDS, malaria and other diseases
by 2015 and begun to reverse their incidence (Article 12(1): Right to health,
Article 12(2)(c): Prevention and treatment of epidemic diseases).
Here, Tunisia’s progress is excellent in terms of eradicating major epidemics.
Objective 7: Ensure Environmental Sustainability: Water and Sanitation
Target 1: Halve by 2015 the proportion of people without sustainable access to
safe drinking water.
Maternal mortality rate (per100,000 live births) 1995
Proportion of births attendedby qualified health personnel(%) 1995–2001
Tunisia 70 90Arab countries 509 67World 411 60
Mortality rate related to malaria(per 100,000 population) 2000
Mortality rate related to tuberculosis(per 100,000 population) 2001
Tunisia 0 4Arab countries – 15World – 26
Rate for people without access to safe drinkable water (%)
1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2006
15.3 13.7 12.1 11 9.4 8.6 7.7 6.7 6.2 5.5 Objective3.85%
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The millennium objective of reducing by half the proportion of the
population without access to drinkable water (meaning, for Tunisia, bringing
the rate down to 3.85 per cent) would be reached in Tunisia by 2006, and
therefore well before 2015.
Target 2: Have achieved by 2020 significant improvement in the lives of at
least 100 million slum dwellers (Article 11: Right to adequate housing; Article
12(2)(b): Right to improvement in environmental health).
Considering the rate of progress recorded, the objective of connecting all
urban housing to the sanitation network would be reached in 2020.
Objective 8: Develop a Global Partnership for Development
Target 1: Design, develop and implement strategies for decent productive
employment for young people (Article 6: Right to work).
Here, the point to highlight is the particularly high unemployment rate
for the whole population (over 16 per cent), as well as the tendency for
the severity of unemployment to persist. In comparative terms, according to
the ILO [2003], the unemployment rates in Tunisia and the whole of the
Middle East plus North Africa (17.9 per cent in 2000) are among the highest
in the world. Only the countries of sub-Saharan Africa or the transition
economies have comparably high rates, though nonetheless lower (13.7 per
cent and 13.5 per cent on average, respectively). Additionally, as the
table shows, the unemployment rate is higher among women than men
and reaches considerable proportions in the age ranges 18-19 (over one-third
of this age group!) and 20–24. Unemployment among young people is not
Urban housing linked to sanitation networks (%)
1984 1994 1999 202051.5 59.8 67.7 100
Unemployment rate, 1994–1999 (%)
Male Female Total
Age 1994 1999 1994 1999 1994 1999
18–19 31.1 39.3 25.8 28.9 29.2 35.920–24 26.3 33 23.8 27.9 25.5 31.325þ 15.7 15.9 18.2 16.9 16.3 16.2
Source: INS
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only very high, but also has increased between 1994 and 1999 for both sexes.
Another important fact is that unemployment is increasingly affecting
graduates of secondary and higher levels of education. Indeed, between 1994
and 1999 the proportion of unemployed among the illiterate fell from 24.4 to
13.1 per cent, while those with a primary education stayed at 48%; whereas the
percentage of unemployed with secondary schooling went from 26.2 to 34.2
per cent, and with higher education from 1.6 to 4.7 per cent. Thus, the level of
deprivation of the right to work is particularly noteworthy for young people.
Apart from a high unemployment rate, however, employment in the
informal sector is particularly important in Tunisia. According to the INS, the
informal sector contributes strongly to non-agricultural employment, and this
is increasing: from 38.4 per cent in 1975–79 to 48.7 per cent in 1995–99.
Women constitute 18.1 per cent of those in informal employment.
Finally, regarding ‘poor’ wage earners – that is, those receiving the
standard minimum wage (40 hours) – their purchasing power has not
improved between 1990 and 2002; on the contrary, it fell in several years by
comparison with the year 1990. In 2002 it was around 182 dinars, and at
constant prices some 112 dinars, that is, the equivalent of what it was in 1990.
A worker receiving the monthly minimum wage (40 hours) at the head of a
household of five people can (if the sole source of income) be regarded as
a ‘poor’ worker since the income per head per year of his family members
would amount to only 96.9 per cent of the urban poverty threshold in 2000.
In 1990 the same income represented 97.3 per cent of the same poverty
threshold. An agricultural worker receiving the daily agricultural minimum
wage (around six dinars) has to work at least two hundred full days if his
household (five individuals with only one source of income) is to have an
income per head per year barely above the poverty line. These are, to
be sure, crude approximations, but they nonetheless suggest manifest
deprivation in terms of the right to fair and favourable working conditions
(Article 7(a)(ii), wages that offer a minimum decent existence for the worker
and family).
In conclusion, for both the right to work (employment, Article 6) and the right
to fair and favourable working conditions (Article 7), failures to meet obligations
as defined by the Covenant are plain, despite the setting up of many programmes
particularly for young graduates, to provide them with first jobs.
Target 2: Provide access to affordable essential drugs in developing
countries (Article 12(2)(d): Right to health (medical services))
Population with affordable access at all times to essential drugs (%) 1999
Tunisia 50–79
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Access to medication and to medical services in general are broadly
satisfactory, given the high social coverage rate of over 80 per cent in Tunisia.
Target 3: Make available to all the benefits of new technologies, especially
information and communication technology (Article 15(1)(b): Right to benefit
from scientific progress and its applications).
As shown in the two latest reports on Human Development in the Arab
World [UNDP, 2002, 2003], shortcomings in Tunisia and the Arab countries
in general are grave, bringing the risk that, without a leap of will, the
numerical fracture will worsen. By comparison with the world average,
Tunisia shows inadequate progress for the three chosen indicators.
Summarizing, Table 2 highlights, for each of the rights, the nature of
the progress, according to whether it is adequate, inadequate or highly
meaningful.
Telephone andcellular mobile
(per 1000 people)Internet hosts
(per 1000 people)PCs
(per 1000 people)
1990 2001 1990 2001 1990 2001
Tunisia 3.8 14.9 – 4.1 0.3 2.6Arab countries 3.5 13.4 – 1.6 – 2.1World 10.0 32.2 – 0.8 – 8.7
TABLE 2
ESCR Nature of progress Millennium objective
Right to education Adequate progress. Objectivecould be reached in 2014
2015
Right to health† infant mortality Adequate progress 2015† maternal mortality Inadequate progress (2020) 2015
Right to housing† drinkable water More than adequate progress 2015† sanitation Adequate progress (2020) 2020
Right to work No progress –Right of access to NICT Inadequate access –
Right to decent standard of living Meaningful progress but –† including food continuing social disparities
Guarantee of equality betweenboys and girls (schooling)
Very significant progress (2000) 2005
Non-discrimination (social) No progress in distribution –
ECONO MI C AND SOCI AL RIG HTS IN TH E E MP508
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The following priorities clearly stand out in terms of targeting the failings
and consequently in terms of the progress to be achieved in order to implement
full exercise of ESCRs:
(1) the right to work;
(2) the protection of motherhood;
(3) access to new information technologies;
(4) non-discrimination.
The last priority, namely non-discrimination, would, as stated earlier,
deserve appropriate treatment.
Evaluation of Implementation of the Core ESCRs from the Viewpoint of
Non-Discrimination: Indicator of Deprivation of Economic Rights and
Regional Disparities in Tunisia
We now present the results of our assessment of implementation of the core
ESCRs, using the indicator of ESCR deprivation by region. Table 3 shows the
results. The grey of the boxes highlights results below the national average.
On the overall scale, the global indicator of ESCRs deprivation (simple
average of 10 indicators) shows that in 2000, 14.8 per cent of the population
was not enjoying the essential ESCRs. This proportion is particularly high in
the governorates of the centre-west, where nearly one quarter of the
population (between 22 and 25 per cent approximately) was in a state of
deprivation, followed by the governorates of the north-west (19.3 per cent).
The proportion is also relatively high in the governorates of the south-east
(especially Medenine, 19 per cent, and Tataouine, 19.6 per cent). In the
governorates of the centre (east and west), to which one must add
the governorate of Zaghouan in the north-east, we see scores of 17 to 19 per
cent on average. Thus, three regions out of seven and 15 governorates out of
23 have a score higher than the national average. Overall, from 1/7 to 1/4
inhabitants were in a situation of deprivation of these essential ESCRs.
It should further be stressed that on a national scale the shortcomings are
particularly high in access to sanitation (52.8 per cent), adult literacy (27 per
cent), probability of living beyond 40 (17.9 per cent) and employment (almost
16 per cent). Progress in terms of average results is, however, evident in the
strong reduction in poverty and child malnutrition, as well as in primary
schooling and access to basic health care and drinking water. In terms of
ESCRs, deprivations concern first and foremost the right to work. For the other
rights, to health, housing and education, deprivations call for qualification
(one indicator favourable, the other unfavourable). Only the indicators relating
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TA
BL
E3
TU
NIS
IA.
ES
CR
IGH
TS
DE
PR
IVA
TIO
NIN
DE
XB
YR
EG
ION
Rig
ht
toan
adeq
uat
est
andar
do
fli
vin
g(A
rtic
le1
1)
Rig
ht
tow
ork
(Art
icle
6)
Rig
ht
toh
ealt
h(A
rtic
le1
2)
Rig
ht
toan
adeq
uat
eh
ou
sin
g(A
rtic
le1
1)
Rig
ht
toed
uca
tion
(Art
icle
13
)
Povertyrate
%ofunder-weightchildrenunderagefive
Unemployementrate
Precariousjobsrate
Probabiltyofdyingbeforeage40
%ofpeoplewithoutaccesstohealthservices
%ofpeoplewithoutaccesstosafewater
%ofhousingswithoutaccesstosanitation
Adultilliteracyrate(%,ageandabove)
Dropoutrateinprimaryschool
ESCRightsDeprivationIndex(ESCRDI)
Go
ver
no
rate
s1
Tu
nis
3.0
%2
.0%
16
.6%
3.8
%1
9.6
%0
.7%
0.0
%7
.1%
15
.8%
1.4
%6
.6%
2A
rian
a2
.6%
3.5
%1
2.2
%2
.1%
12
.8%
1.8
%2
.1%
38
.5%
19
.7%
2.1
%9
.3%
3B
enA
rou
s3
.2%
0.9
%1
6.8
%3
.4%
12
.8%
1.6
%0
.8%
21
.6%
16
.1%
1.6
%7
.4%
Dis
tric
t2
.9%
2.3
%1
5.3
%3
.2%
16
.5%
1.2
%0
.9%
19
.4%
17
.1%
1.7
%7
.6%
4N
abeu
l2
.6%
1.3
%8
.8%
15
.1%
18
.3%
2.1
%5
.7%
48
.2%
23
.3%
2.6
%1
2.3
%5
Zag
ho
uan
11
.0%
7.0
%2
5.4
%1
9.7
%1
9.8
%1
1.8
%7
.7%
60
.9%
36
.3%
2.6
%1
8.9
%6
Biz
ert
5.4
%4
.0%
17
.7%
17
.9%
18
.0%
5.9
%1
2.3
%4
0.5
%2
7.2
%2
.9%
14
.4%
No
rth
-ea
st4
.6%
3.1
%1
4.0
%1
6.6
%1
8.4
%4
.7%
8.5
%4
6.6
%2
6.3
%2
.7%
13
.8%
7B
eja
6.6
%2
.5%
18
.8%
21
.5%
14
.0%
8.2
%2
2.6
%5
6.1
%3
5.6
%3
.3%
17
.9%
8Je
nd
ou
ba
8.7
%5
.3%
17
.3%
17
.7%
11
.3%
7.8
%2
8.4
%7
0.6
%4
0.1
%2
.9%
19
.8%
9L
e1
1.0
%3
.5%
27
.8%
17
.2%
14
.0%
10
.6%
16
.3%
56
.9%
31
.8%
2.7
%1
7.8
%1
0S
ilia
n1
1.8
%6
.6%
23
.7%
28
.4%
13
.0%
15
.3%
21
.3%
70
.3%
37
.0%
2.7
%2
1.6
%
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No
rth
-wes
t9
.3%
4.5
%2
1.1
%2
0.6
%1
3.1
%1
0.0
%2
2.9
%6
3.9
%3
6.5
%2
.9%
19
.3%
11
Kai
rou
a6
.3%
7.0
%1
7.0
%2
8.2
%2
4.2
%1
8.7
%1
7.0
%6
8.4
%4
4.3
%3
.9%
22
.5%
12
Kas
seri
ne
10.6
%6.7
%26.0
%35.6
%22.6
%24.6
%13.3
%75.1
%44.0
%2.8
%24.8
%1
3S
idi
6.7
%5
.6%
11
.1%
27
.5%
23
.2%
14
.4%
16
.1%
85
.2%
38
.5%
2.4
%2
2.2
%C
entr
e-w
est
7.7
%6
.5%
17
.9%
29
.8%
23
.6%
19
.3%
15
.6%
75
.5%
42
.5%
3.0
%2
3.1
%1
4S
ouss
e3
.8%
2.6
%1
4.0
%1
2.1
%1
3.7
%2
.0%
1.2
%2
9.9
%2
2.4
%2
.0%
9.8
%1
5M
onas
tir
4.0
%2
.6%
10
.7%
9.0
%1
6.6
%1
.5%
0.0
%2
3.3
%1
8.8
%1
.7%
8.3
%1
6M
ahd
ia5
.6%
6.5
%1
0.2
%1
8.4
%1
6.6
%5
.1%
15
.1%
79
.4%
32
.4%
3.3
%1
8.4
%1
7S
fax
2.4
%2
.9%
14
.2%
16
.5%
18
.0%
1.4
%7
.4%
74
.0%
22
.1%
2.5
%1
5.7
%C
entr
e-ea
st3
.6%
3.4
%1
2.8
%1
4.3
%1
6.6
%2
.2%
5.8
%5
5.2
%2
3.3
%2
.4%
13
.4%
18
Gaf
sa1
0.2
%6
.3%
25
.0%
22
.6%
24
.9%
7.1
%4
.0%
68
.2%
24
.1%
2.2
%1
8.2
%1
9T
oze
ur
17
.5%
4.4
%1
8.1
%1
7.4
%1
5.5
%1
.3%
0.1
%4
4.3
%2
3.0
%1
.7%
12
.4%
20
Keb
il1
3.1
%4
.8%
13
.0%
9.8
%2
3.1
%0
.7%
1.5
%8
9.1
%2
2.9
%1
.3%
16
.5%
So
uth
-wes
t1
2.1
%5
.5%
21
.1%
18
.4%
22
.3%
4.6
%2
.8%
68
.9%
23
.6%
1.8
%1
6.7
%2
1G
abes
7.5
%3
.4%
16
.5%
18
.3%
20
.1%
4.5
%3
.4%
64
.7%
25
.4%
2.9
%1
5.6
%2
2M
eden
ine
5.4
%3
.3%
12
.6%
27
.6%
18
.2%
2.8
%6
.7%
93
.8%
24
.9%
2.5
%1
9.0
%2
3T
atao
uin
e1
1.6
%3
.3%
16
.1%
36
.5%
22
.1%
5.2
%2
.8%
84
.7%
25
.8%
2.3
%1
9.6
%S
ou
th-e
ast
7.1
%3
.3%
14
.7%
25
.3%
19
.6%
3.8
%4
.9%
82
.3%
25
.2%
2.6
%1
7.9
%T
OT
AL
5.6
%4
.0%
15
.8%
15
.9%
17
.9%
5.9
%8
.6%
52
.8%
27
.0%
2.5
%1
4.8
%
So
urc
e:IN
S,
Min
istr
yof
Publi
cH
ealt
h,
Min
istr
yof
Soci
alA
ffai
rsan
dau
thor’
sca
lcula
tions
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to a decent standard of living display comforting scores. The sub-regional
breakdown shows:
. For the right to a decent standard of living, poverty rates are recorded of
17.5 per cent at Tozeur and 10–12 per cent in Zaghouan, Le Kef, Siliana,
Kasserine, Gafsa, Kebili and Tataouine.
. For child malnutrition, Zaghouan, Siliana, Kairouan, Kasserine, Mahdia
and Gafsa have a proportion of 6–7 per cent.
. For the right to work, no governorate can claim a more or less
acceptable position with a rate of both unemployment and precarious
employment below 10 per cent. The positions are particularly severe in
Kasserine, Siliana, Gafsa and Zaghouan.
. For the right to health, it is especially the populations of the governorates
of the District of Tunis and the Centre-East that are relatively favoured,
whereas in the governorates of the Centre-West in particular, the situations
show fairly consistent deprivation (almost 1/5 of the population suffering
shortcomings here).
. For the right to housing, access to drinkable water is rather problematic at
Jendouba (where rainfall is among the highest). The same is true of Siliana
and Beja (also well-watered). The governorates of the centre-west and
Mahdia in the centre-east also display shortfalls, only partly attributable to
the dryness of the climate. For access to sanitation, deprivation reaches
record scores of 75 per cent to over 90 per cent in almost all governorates
of the south-east, centre-west, north-east and north-west, plus the
governorate of Mahdia and to a lesser extent Sfax in the centre-east.
. Finally, for the right to education, particularly high adult illiteracy rates
(from 35 to 40 per cent) are to be found at Kairouan, Kasserine, Jendouba,
Siliana, Sidi Bouzid, Zaghouan and Beja.
As stated earlier, this table illustrates deprivations in terms of the core ESCRs
and suggests priorities for public actors to act by all appropriate means, so as
gradually to assure full exercise of these rights. By way of example, for each of
these rights one may target the most-discriminated governorates and take
reference objectives for reducing disparities. Similarly, for each governorate,
priorities may be drawn up in terms of the extent of deprivation for each right.
Figure 1 depicts the situation. The ordinates (vertical axis) show HDI
values as established by the UNDP for 1995–96, and the abscissas (horizontal
axis) the values of our synthetic rights deprivation index (RDI). On the basis of
the medians for each of the indicators, four quadrants can be picked out.
Quadrant 1 (lower right) shows the governorates combining a rather low
HDI (by comparison with the average) with a high level of deprivation of core
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ESCRs. This includes most governorates in the centre-west and north-west.
These are the priority governorates in terms of targeting to catch up with
shortfalls and reduce gaps. By contrast, quadrant 3 shows the relatively more
favoured regions and governorates, where the degree of population enjoyment
of economic and social rights is relatively more satisfactory.
Quadrant 2 has the governorates of Medenine, Zaghouan and Mahdia,
which combine an above-average HDI with a deprivation index also above
average. Cleary there is a distribution problem within these governorates. This
suggests the need for measures and actions aiming at better redistribution. In
quadrant 2, Gabes and Kebili are in opposite positions. Finally, the fact that
almost all governorates and regions (80 per cent) are in quadrants 1 and 3
shows the highly negative correlation between levels of human development
and of ESCR deprivation.
NOTES
1. This last point is important, since hitherto the fact that the ESCRs appear towards the end of
the Universal Declaration of Human Rights, after civil and political rights, and that there are
two separate covenants – one on civil and political rights, the other on the ESCRs (though the
preambles are identical, with merely a differing classification in terms of rights) – has meant
that the ESCRs have not enjoyed the same status, and have been neglected or even ignored
until very recently.
FIGURE 1
HUMAN DEVELOPMENT INDEX AND ESCR DEPRIVATION INDEX IN TUNISIA’S
GOVERNORATES, 2000
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2. We may note in relation to trade union rights that Article 8(3) states that the States Parties to
the International Labour Organization Convention of 1948 concerning freedom of association
and protection of the right to organize must refrain from taking legislative measures which
would prejudice, or apply the law in such a manner as would prejudice, the guarantees
provided for in that Convention. In other words, States must refrain from any action liable to
infringe trade-union rights.
3. Since the National Statistical Institute (INS) does not supply indications of income poverty
rate by governorate (administrative units making up a region), we approximated this poverty
rate by relating the number of families/households benefiting from the National Needy Family
Aid Programme (normally targeted when living below the poverty line) for each governorate
with its population.
4. It should be stated here that some millennium objectives or targets were not used, for lack of
exact correspondence with ESCRs or of statistical data. This is the case for target 7: eliminate
the spread of HIV/ AIDS by 2015; target 9 (incorporate sustainable-development principles
into national policies and reverse the present trend to wastage of environmental resources).
Finally, for objective 8, establishing a world partnership for development, targets 12, 13, 14
and 15 (on trade and financial systems for the needs of the LDCs and landlocked countries and
on DCs’ debt) were not used.
5. INS estimates the poverty rate on the basis of a poverty threshold representing the cost of a
basket of foodstuffs and other goods essential to life. The foodstuffs basket is set to provide an
adult diet estimated (in 1980) at 1866 Kcal (urban) and 1830 Kcal (rural). The cost is
calculated at 1980 prices and annually adjusted according to changes in prices. A priori, the
INS sets the rural poverty threshold at 50% of the urban average; these thresholds were 120D
and 60D respectively in urban and rural environments in 1980 and 418D and 209D in 2000,
per person per year. De facto, INS overestimates urban poverty by comparison with rural
poverty.
REFERENCES
Associaton Marocaine Des Droits Humains (2000): Rapport parallele au rapport gouvernemental
relatif aux droits economiques, sociaux et culturels au Maroc, October 2000, available at
h http://www.fidh.org/magmoyen/maroc/amdhrap.htm i.
ECOSOC (UN Economic and Social Council) (2000a): ‘Final Observations’, Second Report on
Tunisia, Official Document, no. 2.
ECOSOC (2000b): ‘Interpretation of the International Covenant on Economic, Social and Cultural
Rights’, Doc E/C 12/2000/14, 2 October.
Goldewijk, B.K., Baspineiro, A.C. and P.C. Carbonari (eds.) (2002): Dignity and Human Rights:
The Implementation of Economic, Social and Cultural Rights, New York: Intersentia
Transnational Publishers.
ILO (International Labour Organization) (2003): World Employment Trends, Geneva: ILO.
INS (Instiut National des Statistiques) (n.d.): Website, available at hhttp://www.ins.nat.tn/i.
Merali, I. and V. Oostreveld (eds.) (2001): Giving Meaning to Economic, Social, and Cultural
Rights, Philadelphia: PENN.
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UN Human Rights Centre (1992): UN Institute for Training, Human Rights and Research:
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