Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Algeria (Ratification: 1962)

Articles 1 and 2 of the Convention. Adequate protection against acts of anti union discrimination and interference. The Committee notes the observations denouncing discrimination against trade union leaders and members, received between 2017 and 2019, from the following organizations: (i) the International Trade Union Confederation (ITUC) (received on 1 September 2017, 1 September 2018 and 1 September 2019); the Autonomous National Union of Electricity and Gas Workers (SNATEGS) (received on 5 July 2018); and (iii) the Trade Union Confederation of Productive Workers (COSYFOP) (received on 28 August and 13 November 2019). The Committee notes that this issue has also been addressed repeatedly by the Committee on the Application of Standards of the International Labour Conference (hereinafter the Conference Committee) during its discussion of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), (discussions held in June 2017, June 2018 and June 2019), which has consistently requested the Government to report on the situation of trade union leaders and members who have been the victims of anti union dismissal. Finally, the Committee notes that the Committee on Freedom of Association has examined several cases relating to the harassment and dismissal of trade union leaders and members, as indicated in the observations of the trade union organizations. The Committee notes that, within the framework of the recommendations made by the Conference Committee in June 2018, a high level mission visited Algiers in May 2019 and was able to gather information on the spot relating to the situation of the dismissed trade unionists. Finally, the Committee notes that the Government has regularly provided information in response to the observations received from the trade union organizations, as well as in response to the recommendations made by the Conference Committee.

The Committee recalls that in 2016 the ITUC and the General and Autonomous Confederation of Workers in Algeria (CGATA) provided observations on acts of anti-union discrimination against trade union leaders and the dismissal of trade union members following social protests in enterprises in various sectors and in the public sector (justice, postal services, public health, the national water agency). In this regard, it notes the information provided by the Government on the measures taken for the reinstatement of the workers dismissed in the public administration. The Committee notes that certain trade union leaders have still not been reinstated, in certain cases despite court rulings in their favour. The Committee therefore requests the Government to ensure, on the one hand, the immediate implementation of all court decisions ordering the reinstatement of trade union leaders and trade unionists in the public administration and on the other hand, to continue to provide information on other dismissed trade union leaders and trade unionists whose situation has not yet been resolved.

The Committee notes that the observations received from trade unions since 2017 relate largely to the mass dismissal of the members of SNATEGS by an enterprise in the gas sector and interference in the activities of the union. The Government has provided information on the situation of the dismissed trade unionists, recently reporting measures for the reinstatement of most of the workers concerned, situations that are in the process of being resolved and dismissals that have been confirmed on the grounds of serious faults in the case of certain workers. In this regard, the Committee recalls that SNATEGS has lodged a complaint with the Committee on Freedom of Association (CFA) which in its recommendations called on the Government to ensure compliance with the provisions of the law in order to allow the union to organize its activities and represent its members (Case No. 3210, 386th Report of the CFA, June 2018). The Committee notes that the high level mission also gathered updated information on the spot concerning the case, both from the Government and from trade union representatives, and that the CFA will once again examine the substance of the case in light of the information received. The Committee trusts that the Government will take all the necessary measures to give effect without delay to the recommendations of the CFA and that it will report in particular on the situation of the trade union leaders of SNATEGS who have still not been reinstated.

The Committee notes the observations of COSYFOP on acts of discrimination against its members since the recent renewal of its executive body. The Committee notes that in May 2019 the high-level mission met the representatives of COSYFOP, who provided information on the harassment of its leaders, and particularly Raouf Mellal, Ben Zein Slimane and Abdelkader Kouafi, and intimidation at work against Ms Haddad Racheda and Ms Sarah Ben Maich, which led to the latter giving up their trade union functions. The Committee also notes that Mr Mellal was subjected to physical violence during his detention as a result of his trade union activities and is regularly the subject of intimidation and abusive detention. The Committee notes that, in its most recent communication, COSYFOP denounces the mass dismissal of the leaders of the National Union of Workers of BATIMETAL, an affiliate of COSYFOP, and the threat by the enterprise not to reinstate them unless they leave the union. The Committee notes with concern the seriousness of certain of the allegations and urges the Government to take all the necessary measures to ensure that the competent authorities conduct the necessary investigations into acts of anti-union discrimination against the members of COSYFOP, and to take corrective measures without delay and impose adequate sanctions if violations are found to have occurred of the trade union rights set out in the Convention. The Committee urges the Government to provide its comments and detailed information on this subject.

Revision of the legislation. With regard, in general, to the need to provide adequate protection to trade union leaders and members against acts of anti union discrimination, the Committee refers to the concerns expressed by the high level mission concerning delays in complying with court rulings ordering the reinstatement of trade union leaders, which have still not been given effect, and the excessive use of judicial action in relation to the respective procedures. The Committee also notes that the high-level mission identified difficulties in the application of Article 1 of the Convention to the founding members of unions. According to the high-level mission, under the current legislation and procedures, it would be possible for an employer to dismiss the founding members of a union during the period when it was applying for registration, which in practice can take several years, without the latter benefiting from the protection afforded by the legislation against anti-union discrimination. The Committee urges the Government to engage without delay, in consultation with the social partners, in an in-depth review of the whole of the legal framework and of practice in relation to protection against anti-union discrimination, with a view to the adoption of the necessary measures to ensure adequate protection to trade union leaders and members during the period when the union that has been established is applying for registration. It requests the Government to report any progress achieved in this respect, and trusts that the Government will avail itself of the technical assistance of the Office for this purpose.

Application of the Convention in practice. The Committee invites the Government to provide any available statistics on the number of collective agreements registered and, where possible, to indicate the sectors and number of workers covered.