Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Algeria (Ratification: 1969)

Article 1(a) of the Convention. Grounds of discrimination. Legislation. For several years the Committee has been emphasizing that section 17 of Act No. 90-11 of 21 April 1990 concerning labour relations – which stipulates that any provision in a collective agreement or employment contract that can generate discrimination among workers with regard to employment, remuneration or conditions of work on the basis of age, sex, social or marital status, family ties, political convictions, membership or non-membership of a union, is null and void – does not cover all the grounds of discrimination in employment and occupation enumerated in the Convention. The Committee recalls the general nature of section 6 of Act No. 90-11, which provides that workers are entitled to protection against all discrimination regarding the occupation of a post other than distinctions made on the basis of their ability and merit. The Committee wishes to emphasize that these provisions do not make it possible to detect discriminatory conduct by the employer or any other person towards a worker at all stages of employment (recruitment, promotion, dismissal, etc.). With regard to the public service, Ordinance No. 06-03 of 15 July 2006 issuing the General Conditions of Service of Public Servants prohibits discrimination towards public servants on the basis of their opinions, sex, origin or any other personal or social circumstance (section 27). The Government indicates that the concerns expressed by the Committee regarding the grounds of discrimination have been examined and taken into account in the context of the draft Labour Code, which is being finalized. It also states that discrimination is non-existent in practice in the country. Recalling that no country is free from discrimination, the Committee requests the Government to take the necessary steps to ensure that the future Labour Code explicitly prohibits discrimination, on at lease all of the grounds enumerated in the Convention, including race, colour, religion and national extraction, and that it covers all stages of employment and occupation, including access to vocational training, access to employment and to particular occupations, and also terms and conditions of employment. The Committee also requests the Government to consider including in the list of prohibited grounds of discrimination covered by the General Conditions of Service of Public Servants an explicit reference to political opinion, religion, race, colour, national extraction and social origin.

Articles 2 and 3. National policy. Discrimination on the basis of sex and promotion of equality between men and women. For many years the Committee has expressed serious concern at the low participation of women in employment and the persistence of strongly stereotyped attitudes with respect to the roles and responsibilities of women and men in society and in the family, and it has also emphasized the negative impact of these attitudes on women’s access to employment and training. The Committee notes the Government’s acknowledgement that the rate of employment for women remains relatively low and that sociological influences, personal choices and other social obstacles make it difficult for a greater number of women to enter the workplace. It also notes that, according to the Government’s report, the impact of projects to create economic activities on women’s employment is relatively weak and has not met expectations. The Committee welcomes the adoption of a number of measures aimed at improving the status of women and their role in society and the world of work and at increasing their participation in managerial and decision-making posts (see the “Beijing+20” national report from the Ministry for National Solidarity, the Family and Women). In particular, it notes the adoption of the National Strategy for the Integration and Promotion of Women (2008–14) and its National Plan of Action (2010–14) and also the setting up of a monitoring committee; the drawing up by representatives of various ministries, trade unions and associations in February 2014 of a Women Workers’ Charter, which includes a programme aimed at achieving greater autonomy for women through employment and provides in particular for the establishment of a quota system for managerial posts; and the strengthening of employment support programmes particularly for women (creation of micro-enterprises, microcredit, social integration of graduates, neighbourhood projects in rural areas, etc.). However, the Committee notes that the economic activity rate for women remains particularly low (16.3 per cent in April 2014, according to the National Statistics Office) and that it is only changing slowly despite the high rate of school enrolment for girls and the significant proportion of women graduates. In addition, 61.9 per cent of working women are employed in the non-commercial public sector. The Committee encourages the Government to continue and intensify its efforts to promote women’s employment at all levels, particularly in the private sector, and throughout the country, including in rural areas. It requests the Government to adopt practical measures against gender bias and stereotypes relating to the aspirations and capabilities of women and their suitability for certain jobs and to enable men and women workers to reconcile work and family responsibilities, and to supply information on the impact of these measures, including statistics on the situation of men and women in employment in both the public and private sectors. The Government is also requested to provide information on any follow-up action to the Women Workers’ Charter, including the quota system, and on its impact.

Article 5. Special protection measures. The Committee again recalls that, when provisions relating to protective measures for women are reviewed, a distinction should be made between special measures to protect maternity, as envisaged in Article 5, and measures based on stereotypical views of women’s capabilities and their role in society, which are contrary to the principle of equality of opportunity and treatment. The Committee once again requests the Government to ensure that, in the future Labour Code, occupational safety and health provisions take into account the need to provide a safe and healthy environment for both men and women workers, while taking into account gender differences with regard to specific risks in terms of health, and to ensure that these provisions do not obstruct the access of women to employment and to particular occupations. The Government is also requested to ensure that the special measures for the protection of women are limited to what is strictly necessary to protect maternity and to provide information on any measures taken in this regard.

The Committee is raising other matters in a request addressed directly to the Government.