Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. The Committee notes the information in the Government’s report and the replies to its comments. It also takes note of “documents 1 and 2” issued by the Ministry of Transport and appended to the Inter-Ministerial Order of 5 November 1989 which set forth supervisory procedures pursuant to section 2 of the Order.

2. Articles 12, 13 and 15 of the Convention. Application of the Convention. With reference to its previous comments, the Committee notes the Government’s information that Act No. 88-07 of 26 January 1988 does not refer to special regulations on accident prevention for dockers. The Government further indicates that there are no general occupational safety and health regulations applying to all workers whatever their branch or sector of activity. The Committee would point out that the general regulations referred to by the Government establish a general framework for the prevention of occupational risks, but contain no specific provisions applying to dockers that ensure application of the Convention. In addition, section 45(2) of the abovementioned Act provides that special provisions for certain sectors of activity and certain work processes shall be established in regulations. Furthermore, the Government has indicated several times in previous reports that according to Act No. 88-07 a legislative text on ports and docks is indeed to be developed, but that this text is still under consideration in accordance with guidelines and time limits set by the Government”. Consequently, the Committee urges the Government to take the necessary steps in the very near future to give full effect to the provisions of the Convention.

3. The Committee would remind the Government of the Governing Body’s invitation to States parties to Convention No. 32 to envisage ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which revises Convention No. 32 (document GB.268/LILS/5(Rev.1), paragraphs 99-101). Ratification of Convention No. 152 would ipso jure involve the denunciation of Convention No. 32. It would also like to draw the Government’s attention to the code of practice recently adopted by the ILO entitled Safety and health in ports (Geneva, 2005), which is available, inter alia, at the ILO web site: http://www.ilo.org/public/english/protection/safework/cops/
english/index.htm . The Government is asked to keep the Committee informed of any progress in this area.

[The Government is asked to reply in detail to the present comments in 2008.]