Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - Algeria (Ratification: 1962)

The Committee notes the summary information provided by the Government in response to its comments. It takes note of Executive Decree No. 93-120 of 15 May 1993 to organize occupational medicine, Executive Decree No. 96-209 of 5 June 1996 establishing the composition, organization and working of the National Council on Occupational Health, Safety and Medicine, which, according to the Government, give effect to the provisions of the Convention. While noting the importance of the abovementioned instruments, the Committee observes that they appear to have no direct impact on the application of the Convention. It likewise notes the provisions on occupational health, safety and medicine in the collective agreement establishing work relations in the Arziew dock company and in the regulations of the dock company of Algiers. It notes in particular that under article 168 of the collective agreement, employers are responsible for ensuring that premises are so designed and furnished as to ensure the workers’ safety. The Committee is nonetheless of the view that this provision is too general in nature to give proper effect to the provisions of the Convention.

Further to the comments it has been making for several years, the Committee notes with regret that the Government’s report still contains no information on the adoption of implementing regulations covering ports and docks, based on the general framework for the prevention of occupational risks established by Act No. 88-07 of 26 January 1988. The Committee emphasizes once again in this connection that the existence, referred to by the Government, of a classification of posts established in collective agreements that relate to cargo handling, does not meet the requirements set in the Convention. Consequently, the Committee can but express the hope that the Government will adopt without delay the regulations to give effect to the provisions of the Convention. It hopes that the regulations will contain a definition of "dockers" and "dock work", which, according to the Government, are not defined in the national legislation.

Article 17 of the Convention. Inspection. Further to its previous comments, the Committee once again requests the Government to provide a copy of "documents 1 and 2" issued by the Ministry of Transport and appended to the Interministerial Order of 5 November 1989 which set forth the supervisory procedure pursuant to article 2 of this Order.

In view of the time that has elapsed since the Convention was ratified, the Committee hopes that the Government will take the necessary steps in the near future to give full effect to the provisions of the Convention. It requests the Government to report on all progress made in this respect.

[The Government is asked to reply in detail to the present comments in 2005.]