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

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

Migration flows. The Committee notes the Government’s indication in its report that foreign workers are predominantly employed in foreign firms in the oil, construction and telecommunications sectors and that they are of Chinese, Egyptian, French, Tunisian or Syrian nationality. However it notes that the Government has provided no statistical data on this subject. The Committee notes the data provided by the Government in its March 2015 report, under article 19 of the ILO Constitution, on the instruments on migrant workers. It notes the Government’s indication that the number of migrant workers varies according to the skills gaps on the national labour market and only represents 0.86 per cent of the total labour force (there were 62,976 foreign workers in the country – 60,755 men and 2,221 women – at the end of December 2014). The Committee asks the Government to provide the statistical information compiled by the office responsible for the management of the migrant workforce, disaggregated by sex, on the number, nationality and geographical and occupational distribution of migrant workers in Algeria, together with statistics on the number of Algerian men and women workers abroad.

Article 1(a) of the Convention. National law and policy. The Committee notes the Government’s indication that it is examining the possibility of establishing a national coordination mechanism to: (i) formulate a coherent national policy on migration; (ii) collect and disseminate data on migration issues; and (iii) contribute to the reinforcement of bilateral, regional and international cooperation on migration and the exchange of reliable information. The Committee asks the Government to provide information on the progress made in the implementation of a national coordination mechanism for, inter alia, the adoption of a national migration policy and on the content of any policy adopted or envisaged in this respect. The Committee also notes that, according to the Government’s report, Act No. 08-11 on the conditions of entry, residence and movement of foreign nationals in Algeria has not been amended. In its previous comments, the Committee requested the Government to specify the cases in which a residence permit may be withdrawn pursuant to section 22 of this Act. In the absence of a reply on this point, the Committee reiterates its request for information and requests the Government to provide examples of cases in which a residence permit has been withdrawn, with an indication of whether the withdrawal was related to the occupation of the migrant worker.

Article 1(b). Working and living conditions of migrant workers. In the absence of information on this subject in the Government’s report, the Committee once again requests the Government to provide detailed information on the working and living conditions of migrant workers, including any extracts from relevant reports.

Articles 3 and 4. Provision of accurate information to migrant workers and measures to combat misleading propaganda. The Government indicates that the current system for the management of the foreign workforce protects migrant workers through the requirement placed on employers to obtain the prior agreement in principle from the central employment services, the issuing of a provisional work permit to allow the foreign worker to obtain a work visa and the detailed examination of the employment contract and the commitment to repatriate the worker when the contract ends. The Committee also notes that the employment contracts of foreign workers are subject to inspection by the labour inspectorate, in the same way as those of national workers. While noting these general conditions, the Committee wishes to draw attention to the importance of adopting practical measures or mechanisms to combat misleading propaganda which is liable to place migrant workers in a situation of increased vulnerability, such as telephone advice lines or dedicated email addresses for advice on safe recruitment, websites on the risks of unregulated employment or on rights, awareness-raising and information campaigns about fraudulent offers of employment, the provision of information through (sometimes multilingual) brochures, the organization of workshops for migrants on how to avoid fraudulent practices, the dissemination of information through the media, and the establishment of information centres. The Committee also notes that the Government’s report does not contain information in reply to its request for information regarding Algerian nationals who seek employment abroad. The Committee requests the Government to indicate whether, in addition to the legal obligations regarding the employment of migrant workers, practical measures have been taken or are envisaged to assist migrant workers, provide them with accurate information and combat misleading propaganda regarding immigration and emigration. It also once again requests the Government to provide information on the measures taken to disseminate accurate information or any other free assistance to Algerian nationals seeking employment abroad, with an indication of the type of services and information provided and the activities of the Advisory Council for the National Community Abroad for the benefit of Algerian migrant workers.

Article 6. Equality of treatment. The Committee notes that the Government refers once again to the principle of non-discrimination set forth in Act No. 90-11 of 21 April 1990 on labour relations and reiterates that migrant workers have the right of access to all social systems: health care, schools (free access), rented accommodation, and sport and leisure facilities and infrastructure. However, the Committee recalls that race, religion and nationality are not included among the grounds for discrimination prohibited under section 17 of Act No. 90-11. In the absence of a reply on this point, the Committee once again requests the Government to provide information specifically indicating how it ensures in practice that migrant workers enjoy, without discrimination on grounds of nationality, race, religion or sex, treatment no less favourable than that enjoyed by nationals, in the areas listed in Article 6(1)(a)–(d) of the Convention. The Government is also once again requested to supply information on the results of the action taken by the labour inspectorate and other authorities responsible for enforcing the legislation on the terms and conditions of work, membership of trade unions, housing, social security, taxes and access to the justice system for migrant workers, and to supply extracts of inspection reports or any studies into these issues.

Annex I. Private recruitment agencies. The Committee notes with regret that the report does not contain information on this subject. Consequently, the Committee once again requests the Government to provide information on the recruitment, placement and working conditions of migrant workers. It also requests the Government to provide information on any measures taken or envisaged to regulate the activities of private agencies so as to protect migrant workers from abuse or ill-treatment. The Committee requests the Government to indicate whether any cases of abuse have been observed or reported, specifying the penalties imposed.