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

Migration for Employment Convention (Revised), 1949 (No. 97) - Algeria (Ratification: 1962)

1. Article 6(1) of the Convention. Equality of treatment. With reference to its previous comments on the implementation of the Government’s policy on equal treatment of foreign and national workers, the Committee notes the Government’s statement that the national legislation does not contain any discrimination between foreign and nationals workers. The Committee notes the provisions concerning non-discrimination in Act No. 90-11 of 21 April 1990 on Labour Relations and in Act No. 81-10 of 1981 concerning the terms of employment of foreign workers. It notes that sections 6(3) and 84 of the Labour Relations Act protect in a general manner all workers against discrimination, including with respect to remuneration. It also notes that, pursuant to section 17, provisions in collective agreements that discriminate between workers with regard to employment, remuneration and conditions of work based on age, sex, social or marital status, family ties, political beliefs, trade union affiliation are null and void.  The Committee notes, however, that the Act does not include the grounds of race, religion or nationality. The Committee recalls that pursuant to Article 6(1) of the Convention, every State which has ratified the Convention undertakes to apply, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters enumerated in subparagraphs (a)–(d) of this Article. The Committee asks the Government to indicate the measures taken or envisaged to ensure that migrant workers are not discriminated against in law and in practice on the basis of race, religion or nationality with respect to matters enumerated in subparagraphs (a)–(d). The Committee also asks the Government to provide additional information on the practical effect given to its policy of equal treatment between national workers and migrant workers.

2. Annex I of the Convention. Private recruitment agencies. The Committee notes, from the information submitted by the Government in reply to the questionnaire prepared for the purpose of the general discussion on migrant workers at the International Labour Conference in 2004, that private recruitment agencies are allowed to operate in the country. The Committee would be grateful if the Government would indicate whether the growing role of private agencies in the international migration process is likely to have any repercussions on the application of Annex I which deals with recruitment, placement and conditions of labour of migrants. Please also include information on any measures taken or envisaged to regulate the activities of private agencies in order to protect migrant workers from any abuse and mistreatment. Please also specify the penalties that are applied in case of infringement.

3. The Committee notes that the Government’s report contains no reply to any of the other points raised in its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request which read in relevant parts as follows:

1. In its General Survey of 1999 on migrant workers (paragraphs 5–17), the Committee noted that the extent, direction and nature of international migration have changed significantly since the Convention was adopted. It accordingly requests the Government to provide copies of any new laws or regulations enacted, together with up to date information on its emigration and immigration policy. It would also be grateful if the Government would state how current trends in migration flows have influenced the content and implementation of its policy and its national laws and regulations on emigration and immigration.

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3. With regard to the entry, residence and health protection requirements for foreign workers, the Committee notes that the Government states only that “foreign workers are governed by the provisions applied by the authorized sectors”. The Committee would be grateful if the Government would provide fuller information on the nature of the abovementioned provisions and sectors. Please also report on any new provisions governing the movement of migrant workers and their working and living conditions, in accordance with Article 1 of the Convention.

4. The Committee requests the Government to provide detailed information, in accordance with Part II of the report form, and to send any available statistics on new migration flows and on the number, nationality and geographical and occupational distribution of migrant workers in Algeria.