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

Abolition of Forced Labour Convention, 1957 (No. 105) - Algeria (Ratification: 1969)

Impact of compulsory prison labour on the application of the Convention. In its previous comments the Committee noted that despite the Government’s indication that prison labour was a voluntary activity, its voluntary nature did not follow from the legislation (section 2 of the Inter-Ministerial Order of 26 June 1983 establishing procedures for the use of prison labour by the National Office for Educational Work, and section 96 of Act No. 05-04 of 6 February 2005 issuing the Code on the prison system and the social rehabilitation of prisoners). The Committee emphasized that compulsory prison labour may affect the application of the Convention in so far as it is imposed as a penalty for the expression of political views or for participation in strikes. In the absence of information from the Government on this point, the Committee emphasizes once again that, even though prison labour is voluntary in practice, the legislation needs to be amended accordingly to avoid any legal ambiguity.

Article 1(a) of the Convention. Penalties for expressing political views or opposition to the established political, social or economic system. 1. Political Parties Act and Information Act. The Committee notes the adoption on 12 January 2012 of the Political Parties Act (No. 12-04), which repeals Ordinance No. 97-09 of 6 March 1997 issuing the basic Act on political parties, that was the subject of its previous comments, and also the Information Act (No. 12-05). The Committee notes with interest that both laws make no reference to imprisonment as one of the penalties applicable to the offences concerned.

2. Definition of terrorism. The Committee previously noted that section 87bis of the Penal Code concerning “terrorist or subversive acts” provides for the imposition of prison sentences on persons found guilty of a number of very broadly defined acts. While noting the Government’s indication that section 87bis dealt only with acts which, through the use of violence, affect the security of the State, territorial integrity, national unity, and the stability and normal functioning of institutions, the Committee noted that in view of the wording of its provisions, this section might be used to penalize peaceful acts of political or social opposition. The Committee referred in particular to: actions hindering traffic or freedom of movement on thoroughfares and occupying public places with gatherings; damaging means of communication and transport, public and private property, taking possession thereof or unduly occupying it; obstructing the actions of the public authorities or the free exercise of worship or public freedoms and also the functioning of public service establishments; and hindering the operation of public institutions.

The Committee observes that the Government has not provided any information on how these provisions are used in practice. It recalls that even though anti-terrorist legislation responds to the legitimate need to protect the safety of the population against the use of violence, it may nevertheless become a means of suppressing the peaceful exercise of civil rights and liberties, such as freedom of expression, freedom of assembly and freedom of association, particularly where it is couched in vague and general terms. The Committee therefore requests the Government to ensure that the scope of section 87bis is defined in such a way that it cannot be used to impose imprisonment entailing the obligation to work on persons who peacefully express ideological opposition to the established political, social or economic system.

3. Associations Act. The Committee notes the adoption on 12 January 2012 of the Associations Act (No. 12-06). It observes that section 39 of the Act provides that an association may be suspended or dissolved “in the event of interference in the internal affairs of the country or an attack on national sovereignty” and that section 46 provides that any member or leader who continues to act on behalf of an association which is neither registered nor approved, or is suspended or dissolved, shall be liable to a fine and imprisonment of three to six months. The Committee observes that, as was the case under the previous legislation, persons could be sentenced to imprisonment on the basis of the abovementioned provisions of Act No. 12-06 and hence be subjected to prison labour because, in expressing certain political views or ideological opposition to the established political, social or economic system, they did not observe the restrictions on the right of association provided for in the Act. The Committee requests the Government to take the necessary steps, through legislation or other measures, to ensure that sections 39 and 46 of the Associations Act (No. 12-06) of 12 January 2012 cannot be used to penalize persons who, through exercising their right of association, express political views which are opposed to the established political, social or economic system.

Article 1(d). Penalties for participating in strikes. 1. The Committee notes with interest that Ordinance No. 11-01 of 23 February 2011 lifting the state of emergency repealed Decree No. 93-02 of 6 February 1993 extending the duration of the state of emergency established by Presidential Decree No. 92-44 of 9 February 1992, which conferred powers to requisition workers to perform their usual occupational activities in the event of an unauthorized or illegal strike.

2. The Committee previously referred to certain provisions of Act No. 90 02, concerning the prevention and settlement of collective labour disputes and the exercise of the right to strike, which established restrictions on the exercise of the right to strike, particularly sections 37 and 38, which establish a list of essential services in which the right to strike is limited and for which a compulsory minimum service must be organized. It further observed that section 55(1) of this Act provides that anyone who causes or seeks to cause, or maintains or seeks to maintain, a concerted collective stoppage of work contrary to the provisions of the Act, even without violence or assault against persons or property, shall be liable to imprisonment ranging from eight days to two months and/or a fine.

The Committee recalls that Article 1(d) of the Convention prohibits the imposition of imprisonment sanctions involving compulsory labour as a punishment for participation in a strike. The Committee again requests the Government to take the necessary steps to ensure, in law and in practice, that no worker may be sentenced to imprisonment for participating peacefully in a strike, and also to supply information on the application in practice of section 55(1) of Act No. 90 02.