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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Algeria (Ratification: 1962)

The Committee takes note of the observations from the International Trade Union Confederation (ITUC) received on 1 September 2014 on the persistent violations of the Convention in practice and requests the Government to submit its comments in this respect. The Committee also notes the observations from the International Organisation of Employers (IOE) received on 1 September 2014.

Follow-up to the discussion of the Committee on the Application of Standards (International Labour Conference, 103rd Session, May–June 2014)

The Committee takes note of the discussion that took place at the Conference Committee on the Application of Standards, in June 2014, concerning the application of the Convention by Algeria.

Article 2 of the Convention. Right to establish trade union organizations. For many years, the Committee’s comments have focused on section 6 of Act No. 90-14 of 2 June 1990, which restricts the right to establish a trade union organization to persons who are Algerian by birth or who have had Algerian nationality for at least ten years. Recalling that the right to organize must be guaranteed to workers and employers without distinction whatsoever, and that foreign workers must also have the right to establish a trade union, the Committee therefore requested the Government to amend section 6 of Act No. 90-14. The Committee notes that the Government states once again in its report that the matter is being examined as part of the finalization of the Labour Code. The Committee trusts that section 6 of Act No. 90-14 will be amended without any further delay in order to ensure that all workers, without distinction as to nationality, have the right to form a trade union. It urges the Government to provide information on any new developments on this matter.

Articles 2 and 5. Right of workers to establish and join organizations of their own choosing without previous authorization and to establish federations and confederations. For many years, the Committee’s comments have referred to sections 2 and 4 of Act No. 90-14 which, read together, authorize the establishment of federations and confederations only in the same occupation or branch, and even in the same sector of activity. Recalling that, under the Convention, trade union organizations, irrespective of the sector to which they belong, should have the right to establish and join federations and confederations of their own choosing, the Committee has requested the Government to take the necessary steps to amend the Act along these lines. In its report, the Government reiterates that the criteria pertaining to the establishment of trade union federations and confederations will be specified at the finalization stage of the reformed Labour Code. The Committee draws the Government’s attention to the fact that legislation requiring members of the same organization to belong to identical professions, occupations or branches of activity imposes a restriction that is only acceptable if it applies to first-level organizations, and provided that the latter can freely establish interoccupational organizations or belong to federations and confederations of their choosing. Consequently, the Committee trusts that, as part of the ongoing legislative reform, the Government will take steps to amend section 4 of Act No. 90-14 without any further delay in order to remove any obstacles preventing workers’ organizations, irrespective of the sector to which they belong, from establishing federations and confederations of their choosing. It urges the Government to provide information on any progress achieved in this respect.

Application of the Convention in practice. The Committee notes that at the discussion held at the Conference Committee on the Application of Standards, in June 2014, the Government replied to some extent to the allegations previously made by the ITUC, Education International (EI), the National Autonomous Union of Public Administration Personnel (SNAPAP) and the Autonomous National Union of Secondary and Technical Teachers (SNAPEST). As regards the alleged obstacles to registering trade unions, the Government stated that delays in the registration of a number of trade unions were due to the need to bring the by-laws of the organizations concerned into line with the legislation. As to the allegations of acts of intimidation and death threats made against union leaders and members, the Government stated that the allegations were not backed by any concrete evidence and that no complaints had been launched with the competent courts. The Committee nevertheless notes that the ITUC, in its 2014 communication, denounces serious acts of harassment against trade unionists on the part of the law enforcement authorities, as well as continuing difficulties for newly established trade unions to register their organizations. While requesting the Government to reply to the ITUC’s observations, the Committee emphasizes that the trade union rights of workers and employers organizations under the Convention can only be exercised in a climate that is free from violence, pressure or threats of any kind against leaders and members of these organizations, and that it is the responsibility of the Government to guarantee the respect of this principle.

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