Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the observations sent on 31 May 2015 by the General and Autonomous Confederation of Workers in Algeria (CGATA) on the draft Bill issuing the Labour Code and its impact on the application of the Convention.

Article 1 of the Convention. Protection against discrimination. Legislation. Private sector workers. For many years, the Committee has been emphasizing that section 17 of Act No. 90-11 of 21 April 1990 on labour relations does not cover all the grounds of discrimination in employment and occupation listed by the Convention, and does not address discriminatory conduct by the employer or any other person towards a worker in all aspects of employment (recruitment, promotion, dismissal, etc.). This is because section 17 only provides that “any provision in a collective agreement or employment contract that may generate discrimination” is null and void. The Committee also 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 notes with regret that the Government’s report contains no further information concerning the protection of workers against discrimination. The Committee also notes that the proposed section 12 of the October 2015 version of the draft Bill issuing the Labour Code repeats the general provisions of section 6 of Act No. 90 11. However, the Committee welcomes the inclusion of a definition of discrimination in the proposed section 31, in accordance with the Convention, and of the grounds of national extraction, social origin and religious beliefs, as stipulated in Article 1(1)(a) of the Convention, and the ground of nationality, in accordance with Article 1(1)(b). It also welcomes the reference to direct and indirect discrimination, and notes that the proposed section 31 provides that “discrimination in employment and occupation is incompatible with the provisions of this Act”. Nevertheless, the Committee notes that reference is still made to “any provision in a collective agreement or employment contract”. The Committee considers that this does not cover discriminatory conduct or acts which do not result from the provisions of employment contracts or collective agreements. It also notes that the list of prohibited grounds of discrimination set out in the proposed section 31 omits the grounds of race and colour. While welcoming this progress, the Committee asks the Government to take the necessary steps to ensure that the future Labour Code explicitly prohibits all forms and acts of direct and indirect discrimination, on at least all of the grounds listed in Article 1(1)(a) of the Convention, including race and colour, and all other grounds specified pursuant to Article 1(1)(b), following consultation with the employers’ and workers’ organizations. It also asks that these provisions cover all aspects of employment and occupation, including particularly access to employment and occupation, and dismissal. The Committee asks the Government to provide information on any steps taken in this regard and on any progress made regarding the draft Bill issuing the Labour Code.

Civil servants. In its previous comments, the Committee noted that Ordinance No. 06-03 of 15 July 2006 issuing the General Conditions of Service of Civil Servants prohibits all discrimination towards civil servants “on the basis of their opinions, sex, origin or any other personal or social circumstance” (section 27) and asked the Government to consider including in the list of prohibited grounds of discrimination an explicit reference to political opinion, religion, race, colour, national extraction and social origin. The Committee notes with regret that the Government’s report contains no information in this regard. Emphasizing the importance of implementing a comprehensive system to protect civil servants from discrimination, and to allow them to exercise their rights effectively, the Committee once again asks the Government to take the necessary steps to expand the list of prohibited grounds of discrimination by making an explicit reference to all of the grounds listed in Article 1(1)(a) of the Convention.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee welcomes the inclusion, in the proposed sections 56–59 of the draft Bill issuing the Labour Code (October 2015 version) of provisions that define both quid pro quo and hostile environment sexual harassment and protect against retaliation when an individual refuses to accede to harassment, and establishes disciplinary penalties. Nevertheless, the Committee draws the Government’s attention to the fact that these provisions do not expressly prohibit sexual harassment, but only victimization by the employer following sexual harassment. The Committee also notes the indication by the CGATA that the draft Bill issuing the Labour Code provides a protection against sexual harassment, but emphasizes that the penalties established by the proposed section 58 do not appear to apply to employers, because these are disciplinary penalties, the imposition of which is the employer’s responsibility. While welcoming this progress, the Committee trusts that the Government will introduce into the Labour Code provisions expressly prohibiting all forms of sexual harassment, and that it will establish sanctions that apply to all authors and provide for appropriate remedies. As to practical measures to prevent sexual harassment, the Committee asks the Government to provide information on any steps taken as part of the National Strategy for the Prevention of Violence against Women adopted in 2007, or in any other context specifically concerning work, in collaboration with the employers’ and workers’ organizations.

Articles 2 and 3. National policy. Equality of opportunity and treatment between men and women. For many years, the Committee has expressed serious concern regarding 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, both of which have a negative impact on women’s access to employment and training. The Committee notes that the Government once again recognizes in its report that the employment rate for women remains relatively low and that among other matters social constraints and personal choices affect progress and hinder the integration of a greater number of women into the labour market. The Committee notes the statistics provided by the Government which show that, between 2010 and 2014, the number of women in employment increased from 1,474,000 to 1,722,000 and that the rate of placement for women by the National Employment Agency rose from 7.64 per cent in 2013 to 8.84 per cent in 2014. It also notes the information provided by the Government on the steps taken to create employment opportunities by the National Youth Employment Agency and the Unemployment Insurance Fund (in 2014: potential jobs for women: 8,960 by the National Youth Employment Agency and 6,332 by the Unemployment Insurance Fund). It also notes the measures adopted towards the promotion of paid employment through a vocational integration scheme and placements on subsidized work contracts (in 2014: 60,432 women beneficiaries through the vocational integration scheme: 60,432 and 26,368 women though subsidized work contracts). The Committee notes, however, that the female labour force participation rate (18.1 per cent) and the rate of economically active women (16.8 per cent) remain low. While welcoming the action aimed at supporting self-employment and paid employment of women, the Committee notes the limited results achieved, despite the increasing qualification levels of women. It once again asks the Government to take steps to ensure that in addition to these employment policy measures, specific awareness-raising measures aimed at actively combating gender bias and sexist stereotypes concerning the vocational aspirations and capabilities of women and their suitability for certain jobs are adopted. The Committee also asks the Government to take steps towards implementing schemes to help both men and women workers achieve a better balance between work and family responsibilities. The Committee asks the Government to provide information on any evaluation of the National Strategy for the Integration and Promotion of Women (2010–14) and the associated National Action Plan (2010–14), and on the activities of the monitoring committee, as well as information on any measures taken to apply the Women Workers’ Charter, including the quota system applicable to positions of responsibility.

Article 5. Special protection measures. Work prohibited for women. The Committee notes that proposed section 583 of the draft Bill issuing the Labour Code makes it possible to exclude women from certain types of work by means of regulations, for the purpose of protecting their health. The Committee nevertheless draws the Government’s attention to the distinction to be drawn between special measures to protect maternity (in the broad sense), as envisaged in Article 5 of the Convention, and measures based on stereotypical perceptions of women’s capabilities and their role in society, which are contrary to the principle of equality of opportunity and treatment. The provisions relating to the safety and health of workers should provide for a safe and healthy environment for both men and women workers, while taking account of gender differences with regard to specific risks to their health. Moreover, with a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access these types of employment on an equal footing with men (see General Survey of 2012 on the fundamental Conventions, paragraphs 838–840). Consequently, the Committee once again asks the Government to ensure that the special measures for the protection of women are limited to that which is strictly necessary to protect maternity (in the broad sense), and that these provisions do not impede access for women to employment and occupation. It also invites the Government to consider the possibility of adopting accompanying measures aimed at, inter alia, improving health protection for men and women, security and the availability of adequate transport and social services to enable women to access all types of employment on an equal footing with men. The Committee asks the Government to supply information on any measures adopted in this regard.

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