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

Individual Case (CAS) - Discussion: 2019, Publication: 108th ILC session (2019)



Written information provided by the Government

A high-level mission visited Algeria from 21 to 23 May 2019, in the context of the implementation of the conclusions of the 107th Session in June 2018 of the Committee on the Application of Standards.

The acceptance by Algeria of this ILO high-level mission is a strong indication bearing witness to the country’s interest in the promotion and implementation of the ILO’s Conventions.

Algeria has indicated on several occasions that it has always endeavoured to reinforce and adapt the national legislation in force in conformity with the ILO’s Conventions and the recommendations of the ILO supervisory bodies.

In the context of the legislative reforms, a new approach has been adopted of disassociating Act No. 90-14 of 2 June 1990 on the exercise of trade union rights, as amended and supplemented, from the draft Labour Code. This approach will be aimed at gaining time in the adoption procedure, in view of the number of provisions that it contains in relation to a Labour Code that gathers together several texts, and that dialogue on a single law allows consensus to be reached more easily.

The amendments will be related to the provisions of section 4 of Act No. 90-14 of 2 June 1990 so as to take into account the conclusions of the Committee of Experts and the removal of any constraint on the establishment of federations and confederations irrespective of the sector that the unions cover.

Similarly, the amendments will relate to the provisions of section 6 of the Act, which will be drafted in conformity with Convention No. 87, taking into account international experience in relation to the nationality of workers in the establishment of a trade union, in accordance with the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Moreover, the provisions respecting the protection of trade union delegates will be strengthened to reinforce the freedom of trade union delegates to exercise trade union rights.

To this effect, the draft amendments to Act No. 90-14 of 2 June 1990 will be submitted to social dialogue with all the organizations of employers and workers. This draft legislation will be given priority in accordance with the procedures established in this respect.

The schedule for the examination of this draft legislation will be communicated to the International Labour Office taking into account the current situation in Algeria.

With regard to the registration of unions in practice, it should be noted that the Government has been engaged in a process since 3 April 2019 of processing the files concerning the applications for registration made by unions.

In this context, the Ministry of Labour, Employment and Social Security has contacted those concerned with a view to requesting them to supplement the files, either through the provision of missing administrative documents or removing observations made previously. A schedule of meetings has been drawn up and implemented, and is being continued.

Working meetings have been held and clarifications provided in relation to the administrative files of founder members and the statutes of the trade union organization.

These measures have resulted in the registration of 11 new trade union organizations, including one employers’ organization, which brings the number of registered organizations to 75 trade unions and 42 employers’ organizations, or a total of 117 organizations, compared with a total of 101 in June 2018.

With reference to the organizations referred to in the report of the Committee of Experts, it is also necessary to provide the following information.

With regard to the Autonomous Union of Attorneys in Algeria (SAAA), the Autonomous Algerian Union of Transport Workers (SAATT) and the Higher Education Teachers Union (SESS): following communications disseminated in the information media to which they did not reply, those concerned were invited by mail to contact the Ministry of Labour, Employment and Social Security to be informed of the measures taken by the Government.

The Government will make use of every channel to contact those concerned to accompany them in bringing their files into conformity.

With regard to the file for the General and Autonomous Confederation of Workers in Algeria (CGATA), the Government had indicated that its President was not an employee. Moreover, the planned confederation does not have any registered union among its affiliates.

With reference to the allegations of violations of Convention No. 87 made by the Confederation of Productive Workers (COSYFOP), the National Union of Industrial Workers (SNSI) and the National Union of Energy Workers (SNT ENERGIE), the Government had provided full information and documentation refuting the allegations made by persons who had obtained the status of registered unions without being in compliance with the legal and statutory provisions setting out the rules for the convening of the decision-making bodies of these unions and without the presence of any members or affiliates of the unions.

With regard to the cases of the reinstatement of employees of the administration, whose dismissal was a result of anti-union discrimination, the Government described the situation, through its delegation, during the work of the Committee in June 2018. There have been significant changes in the situation due to the follow-up action taken on these cases with the institutions and enterprises concerned. This follow-up action has resulted in the settlement of 83 of the 86 cases raised and detailed information was provided to the high-level mission.

The total number of workers concerned is 86, in the various sectors (57 workers reinstated; 9 workers compensated; 1 worker in retirement; 12 whose situation is being regularized; 3 dismissed for professional or criminal offences; 3 cases pending before the competent jurisdictions; and 1 case who is not employed in higher education. That makes a total of 83 cases resolved.

The Government also wishes to specify that the processing of the files for the establishment of the following unions (the Autonomous National Union of Workers in Paper and Packaging Manufacturing and Transformation, the Autonomous National Union of Wood and Derivatives Manufacturing Workers and the Autonomous National Union of Workers of EUREST Algeria) showed that the territorial coverage of these unions is of a local nature (at the level of the wilayas or communes). Consequently, they can be registered at the level of the wilaya (department) capital or the commune in accordance with the provisions of section 10 of Act No. 90-14 of 2 June 1990. The persons concerned have been informed and contacted.

The Government recalled that the Autonomous National Union of Electricity and Gas Workers (SNATEGS) was dissolved voluntarily and unanimously by its founder members at a general assembly held on 17 October 2017, in the presence of a bailiff, who prepared an official notification for this purpose. The notification was addressed to the Ministry of Labour, Employment and Social Security, which noted it, and a full report was sent to the International Labour Office. This report was provided to the mission that visited Algeria.

In this context, it should be noted that the Council of State dismissed the application by Mr Raouf Mellal, in the case of the voluntary dissolution of SNATEGS (Council of State ruling No. 18/2436 of 19 July 2018). The Ministry of Justice also indicates that no ruling has been handed down recognizing that Mr Mellal is the President.

The Government indicates that, with regard to the allegations of acts of intimidation and violence against workers and their organizations, that workers and their organizations exercise freely the rights and freedoms recognized by the Constitution and the right to peaceful demonstration in compliance with public order.

Finally, it is important to note that Algeria received the high-level mission based on the terms of reference proposed by the ILO and that all the conditions were met for the mission to be carried out with the various sectors and administrations and with the socio-economic partners.

Discussion by the Committee

Government representative – I can assure you, Chairperson, that my delegation will spare no effort to facilitate your task in directing the discussions in a constructive climate imbued with serenity and will contribute actively to reinforcing the supervisory machinery of our Organization with a view to the just application of international labour Conventions.

Allow me to express the surprise of my Government at seeing Algeria included on the list of individual cases, even if it is with great pleasure that we are meeting our friends the Workers’, Employers’ and Government delegates from the world over in this very important forum.

At the 107th Session of the Conference in June 2018, the Committee made recommendations concerning the application of the Convention in our country. It requested the Government to engage in broad consultations with the economic and social partners concerning the draft Labour Code, to review certain provisions of Act No. 90-14 respecting the establishment of federations and confederations, the recognition of the right to establish unions without discrimination, to ensure the unrestricted exercise of freedom of association and, finally, to provide explanations on the reinstatement of dismissed unionized workers and the dissolution of the Autonomous National Union of Electricity and Gas Workers (SNATEGS).

The Committee also decided to send a high-level mission to report on developments relating to the implementation of its recommendations. The acceptance by my country of the high-level mission is a strong indication of the commitment of the Government of Algeria to the promotion of fundamental principles and rights at work and international labour standards, as affirmed by the ILO, which has always expressed appreciation of the efforts made by Algeria in this regard. Preparations for the visit by the mission and its work were organized under perfect conditions. That proves and confirms the full commitment of my country to the implementation of the decisions through permanent and high-level contacts to examine and study jointly the best approach to giving effect to the conclusions of the honourable Committee.

I now turn to the questions, observations and recommendations issued and drawn up by the Committee. With regard to developments and the assessment made since the last session, the following points should be recalled: the Committee requested the acceptance of a high-level mission, which was granted; the mission was to work in full freedom, which was the case, as noted in the report of the mission, which expressed its gratitude to the highest Algerian authorities for the welcome extended and their cooperation throughout its visit; terms of reference were drawn up by the Office and my country gave its agreement without any reservations both for the proposed interviews with ministerial departments and with workers’ unions and employers’ organizations. No obstacles or difficulties were encountered and the report emphasizes this by indicating that all the conditions were fulfilled for the proper functioning of the mission.

The high-level mission recalled the importance of the legislative reform process that is being undertaken in Algeria for the reinforcement of trade union pluralism and in practice the Government has never neglected the recommendations of the Committee of Experts.

In this context, we reiterate to the honourable Committee the information provided to the high-level mission concerning the adoption by the Government of a new approach for the introduction of the requested amendments, particularly in relation to certain provisions of Act No. 90-14 on the exercise of trade union rights.

This approach consists of disassociating the amendments requested to that Act from the overall process of the finalization of the Labour Code, which will allow time to be gained in the adoption procedure, as only certain provisions of a single Act will be involved, rather than an examination of a text as substantive as the Labour Code, which contains over 750 sections.

In the context of this approach, the amendment of the provisions of section 4 of Act No. 90-14 has already been commenced with a view to giving effect to the recommendations of the Committee of Experts relating to the establishment of “federations” and “confederations”, thereby allowing a clarification of the provisions of section 4 in relation to section 2 of the same Act.

With regard to section 6, its amendment will aim to allow foreign workers to establish and join trade unions of their own choosing, and we are available to benefit from all the international experience available in the ILO in this respect.

With reference to the draft Labour Code, my country places importance on an inclusive approach through which the desired consensus can be reached between the various partners and the Government. This concern is all the more legitimate for the partners in view of the importance and impact of the Labour Code on the world of work. It is also important to recall that no difficulties in the management of socio-occupational relations in the world of work have been reported, as Algeria has had a body of laws and regulations since 1990 and there is not therefore a legal void in respect of labour regulation.

Moreover, the socio-economic partners in my country explained in June 2018 that they were in agreement with the action initiated by the Government for the finalization of the Labour Code.

Finally, it is important to emphasize that the regulations that have been in force since 1990 are in conformity with the main principles of the Conventions. They do however require updating following several years of implementation and in light of the amendments proposed by the ILO, the implementation of which will be pursued in close consultation with all of the socio-economic partners.

With regard to the registration of trade unions, as reported to the high-level mission, modifications and/or amendments will be proposed to the texts respecting the exercise of the right to organize to make the rights more effective and consolidate them. The mission had proposed to make available to us certain examples of international experience in this respect, which will allow us to have specific examples as a basis for going forward.

Moreover, in accordance with the new measures decided upon by the Government last April relating to the acceleration of registration procedures, 20 new organizations have been registered, including 13 workers’ trade unions and 7 employers’ organizations, bearing in mind that the total number of organizations registered is now 121, compared with 101 in June 2018. It is important to note that this procedure for the registration of unions constitutes important progress and has affected organizations in both the administrative sector and the economic sector.

Concerning the SNATEGS, all the details have been transmitted, supported by documentary evidence of the self-dissolution of the union by its own founder members in the presence of a bailiff, without any interference by the administration.

Reference has been made to alleged obstacles to the exercise of trade union rights and acts of intimidation. In this respect, it is important to emphasize that trade unions exercise freely the rights and freedoms recognized in the Constitution and the right to peaceful demonstration in compliance with public order.

Proof is to be found in the demonstrations organized by corporations and the population which are held in my country in a peaceful framework without any impediment, which is being noted at the international level as an example.

Concerning the cases of the dismissal of workers and trade unionists, measures have been taken. The number of workers concerned was 86. Today, 83 of the cases have been resolved and information on them is reproduced in the report of the high-level mission, which held talks on this subject with the representatives concerned, including the Ministry of Justice. We will continue to address the remaining cases and we are open to any international documentation and experience from the ILO, as proposed by the high-level mission, to reinforce and improve the management of this type of situation.

Finally, my country reiterates its commitment to the fundamental labour freedoms defined by international Conventions in this respect. It will ensure the defence and pursue the promotion of trade union rights.

With reference to social dialogue, everyday activities related to the negotiation and conclusion of instruments for the management of industrial relations between the social partners (employers and workers) show that up to now 18,588 collective accords and 3,841 collective agreements have been signed at the enterprise level, and 82 collective agreements and 167 collective accords at the branch level.

In addition, tripartite pacts and agreements at the national level, adopted following dialogue and social consultation meetings between the Government and the economic and social partners, have resulted in the implementation of various programmes relating to the world of work, the reinforcement of social protection and social dialogue and action for the establishment of permanent consultation.

This all shows that freedom of association is exercised normally in my country, and that Algeria is committed to human rights, respect for international Conventions and standards, the promotion of social dialogue and the sharing of successful experience and good practices at the international level.

In conclusion, we consider that the explanations and information that I have just provided and presented to the honourable Committee provide a firm demonstration of the Government’s will to improve procedures, reinforce the protection of the right to organize through the accelerated amendment of Act No. 90-14 and the better management of individual cases. All of that forms part of the implementation of the recommendations of the June 2018 session.

In this respect, I would also like to inform you that the Government is committed to regularizing in the short term all the applications for the registration of unions lodged with the administration.

I therefore request the Committee to take these advances and progress into consideration, as well as the projects and programmes that are envisaged, which will be given effect in line with the new dynamic in my country. I repeat, the projects and programmes envisaged, which will be given effect in line with the new dynamic in my country and I emphasize that the concerns of the Committee are also those of the Government, which will ensure that they are addressed.

Worker members – Since our last session, a wind of freedom and hope has blown through Algeria. It has brought with it a number of changes, but particularly promises for the future. The country is currently experiencing a phase of transition and our hope is to see the legitimate aspirations of the population realized very soon.

It is in this context that the Algerian Government finally accepted the visit by the high-level contacts mission recommended by our Committee last year. The report of the mission updates and specifies certain observations, but also refers to very worrying new elements.

It is important to go over these various aspects.

With regard to the new Labour Code, which has been in draft form since 2011, that is for over eight years, it has still not been adopted. The report of the mission indicates that there have been no consultations with the representatives of employers and workers since 2017. We nevertheless learn that the Government wishes to change its approach by proceeding first with the revision of certain provisions of the preliminary draft of the Labour Code that are considered to be priority. The reform will be carried out more broadly later. It is clearly necessary to ensure that this new approach helps to produce results rapidly.

In any case, it cannot serve as a pretext for delaying forever the reform of the remaining parts of the Labour Code. The process has been going on long enough, and Algerian workers do not have the time to wait eight more years.

We are bound to deplore once again that there has been no improvement in relation to section 6 of Act No. 90-14 of 2 June 1990, which restricts the right to establish a union to persons of Algerian nationality, from birth or acquired for at least ten years.

As recalled by the Committee of Experts in its General Survey on the fundamental Convention, this implies that all those who are resident on the territory of a State, whether or not they have a residence permit, shall benefit from the trade union rights set out in the Convention, without any distinction on the basis of nationality.

Nor has there been any change in the provisions that have the effect of limiting the establishment of federations and confederations.

We note that, in the information provided by the Government, it undertakes to make the necessary changes on these points. That constitutes progress, but we want the Government to progress from words to acts.

In this regard, the report of the mission notes that, in the same way as for certain parts of the preliminary draft of the Labour Code, the Government will give priority to the amendment of Act No. 90-14. However, a commitment of this type is not sufficient. As suggested by the mission, it is necessary for this to be accompanied by a precise schedule setting out the various stages, with the involvement of the representatives of employers and workers.

We note in this respect the commitment made by the Government to provide a schedule for this work to the Office. We insist that the Government does not make use of this option as another delaying tactic.

The mission also noted a problem that the Workers’ group has constantly denounced in this Committee. It can be seen in practice that the Government adopts arbitrary decisions concerning the registration of unions. Accordingly, certain confederations have been refused registration on the grounds that they have affiliates from several sectors, whereas others in the same situation have indeed been registered. It is necessary for the Government to adopt a coherent position by proceeding to the registration of organizations that cover several branches, occupations or sectors and, if necessary, to amend the law.

Another fundamental problem which was also noted by the mission concerns the application of certain provisions that have the effect of limiting freedom of association in practice. This is related to the absence of effective protection against trade union dismissals and discrimination, as well as the difficulty of obtaining reinstatement once a favourable court ruling has been obtained. It also relates to the limitation of access to trade union office through the requirement to be an employed person to hold office.

This situation raises two major problems of compatibility with the Convention. On the one hand, the dismissal of a trade union officer means that the status of employee is lost, which opens the way for interference by the employer in the activities of trade unions. On the other hand, and more broadly, this requirement also constitutes interference by the authorities in the operation of trade unions which, under the terms of the Convention, have the right to choose their representatives freely.

We are bound to note with regret that the Government absolutely does not appear to be aware of this issue since, in the information that it has provided to our Committee, it indicates that the General and Autonomous Confederation of Workers in Algeria (CGATA) could not be registered because its President is not an employed person. We call on the Government to take advantage of the amendment of the Act that it has announced to resolve this point by removing this requirement.

The Government also confirms its refusal to recognize certain organizations on the grounds that they have taken over the status of registered unions without being in compliance with the respective legal provisions and statutes. This is additional proof of the interference practised by the Government in the internal affairs of trade unions, as it is assuming the right to decide what is in conformity with the statutes of an organization and what is not.

The Government also claims to have requested the organizations to update their files, but the procedure takes an enormous amount of time. For example, the Higher Education Teachers’ Union (SESS) has been waiting since 10 April for confirmation to be issued of its registration.

As noted by the Committee of Experts in its report, the registration of unions continues to give rise to other problems in practice. These consist of the particularly long delays in the registration of unions and the refusal by the authorities to register independent unions without giving reasons. This has been going on for many years. We have just seen a specific illustration of this problem.

The mission also noted this point and was able to see that in many cases decisions to refuse registration are dismissive, with no reasons being given, and therefore arbitrary. It should be recalled that, under the terms of Article 2 of the Convention, the establishment of an organization is not subject to previous authorization. In passing, it should be specified that, due to this non-recognition of several organizations, they are excluded from participation in tripartite structures and consultations and, as a result, have not been consulted on the various reforms and revisions.

As recalled by the Committee of Experts in its General Survey on the fundamental Conventions, the requirement of certain formalities prior to registration is only compatible with the Convention on two conditions:

– that it does not confer upon the competent authority a discretionary power to refuse an application for registration; and

– such a requirement does not constitute an obstacle such that it results in practice purely and simply in prohibition.

The situation in Algeria is in practice an illustration of these two situations: the authorities have discretionary power to refuse registration, and non-registration is similar to prohibition. In practice, without registration, the union is not recognized and is not therefore consulted. It does not have even the most elementary rights, such as the right to open a bank account or to hire premises.

Moreover, it is telling to note that unrecognized organizations are those which have recourse to the ILO to defend their rights. Indeed, prosecutions have been brought against an organization and a union official on the basis of elements contained in a complaint made to the Committee on Freedom of Association.

It should be noted that the Government is persisting in its position with regard to the dissolution of the SNATEGS. It maintains that it was the subject of a voluntary dissolution and pretends to ignore the fact that court rulings have been handed down determining the identity of those responsible for the organization and that those really responsible were not the ones who undertook the dissolution.

In passing, we are bound to be astonished at the facility with which a union can be dissolved, when its establishment and registration require so many formalities and a very long period of time.

We invite the Government of Algeria to guarantee security and fundamental freedoms for all trade unionists, and particularly those who responded to and met the mission.

We also call on it to cease having recourse to practices of cloning and the creation of fake unions. This type of practice undermines the credibility of the Government, which nevertheless claims that it wishes to re-establish confidence with the ILO and its supervisory bodies.

I referred a few moments ago to the problem of trade union discrimination and the issue of reinstatement. The high-level mission was able to observe on the basis of specific cases how difficult it is for a dismissed trade union officer to obtain reinstatement. We note that trade unionists who are members of organizations that have not yet been registered are dismissed. Since, under the terms of the current national legislation, which is not in conformity with the Convention, it is necessary to be an employed person or a public employee to hold trade union office, these persons de facto lose their status as trade unionists, which makes their reinstatement impossible.

Furthermore, in several cases, trade union officers who obtain court rulings for their reinstatement have to deal with employers who refuse to give effect to the rulings. In other cases, workers are reinstated on the condition that they cease their trade union activities. They are therefore the victims of blackmail and are required to choose between their livelihood and their trade union rights. In this regard, the report of the mission observes that freedom of association is not guaranteed in practice outside recognized unions.

In concluding, we are bound once again to deplore the gulf that exists between the situation in Algeria and the principles and values of the ILO. Nevertheless, and in contrast with the previous sessions, this time we have reasons for hoping that important changes could be made in the near future, despite the bad will shown by the Government. Until recently, many of the things that seemed inconceivable in the country have become a reality. But the road is still long and only the determination of the population will be decisive. In any event, our determination will remain intact to defend the trade union rights of workers and create the conditions for a better future.

Employer members – I would like to thank the distinguished Government delegate for his submissions before us today. The Employers begin by recalling that this case has been discussed in the Committee in 2014, 2015, 2017 and most recently in 2018. The case has primarily concerned issues relating to obstacles to the establishment of workers’ organizations, including the registration of trade unions in law and practice in Algeria. In prior considerations of this case, the Government has repeatedly indicated that these issues would be addressed by a new Labour Code. The Employers’ group notes positively that following the 2018 Committee’s conclusions, the Government accepted a high-level mission which, as Worker members have described, took place in May 2019. The Employers welcome the fact that the mission took place and we are of the view that now work must be done as a follow-up to the high-level mission. We also welcome the Government’s comments today regarding the high-level mission as evidence of its commitment to full compliance with international labour standards, as well as its demonstration of the Government’s willingness to engage in high-level contact and collaboration between the Government and the ILO. The Employers are also encouraged to hear that the Government is committed to making amendments to the Labour Code, in consultation with the most representative workers’ and employers’ organizations. We also welcome the Government’s comments today, specifically discussing its efforts to implement the Committee’s conclusions of 2018. Therefore, overall, there are a lot of very positive measures to point to in this case. We agree with the Workers’ spokesperson that we are encouraged, that a number of changes have been made, and that the future seems promising. The Employers do note, it is with cautious optimism that we make these statements. The Employers note that the Government has made a commitment to revise the Labour Code and that the Labour Code is in a drafting stage, but we also must be cautious in noting that this process has been ongoing since 2011. The Employers’ group notes with concern that no consultation with the most representative workers’ and employers’ organizations has taken place in Algeria since 2017. Clearly, this aspect must change. We understand the Government’s submissions that new legal reforms consist of reforms of the Law of 2 June 1990, as well as efforts to strengthen the provisions relating to the protection of trade unions specifically, and that a timeline of the Bill has been communicated to the ILO in terms of a workplan, as well as the commitment in that workplan to consultation with workers’ and employers’ organizations. We understand that some of the measures that have taken place is that since 3 April 2019, the Government has initiated a process for registration of trade unions that has resulted in 11 new registrations of trade union organizations, including also one employers’ organization. Also, we understand that there has been a commitment from the Government to engage with interested parties regarding the Autonomous Union of Attorneys in Algeria (SAAA), the Autonomous Algerian Union of Transport Workers (SAAT) and SESS. We also understand that the Government has provided information and documents regarding the allegations of the Confederation of Productive Forces (COSYFOP), the National Union of Industry Sector, and the National Union of Energy Workers. So we note that these efforts are being made and would encourage this to continue. Therefore, the Employers’ group notes that the Government must take this opportunity to reaffirm its commitment to take all of the necessary measures to complete the reform of the Labour Code, without further delay, and that it should also reaffirm its commitment to complete this process in consultation with the most representative national employers’ and workers’ organizations without further delay.

Worker member, Algeria – With a view to contributing to giving a clear picture of practices relating to trade unions in Algeria, particularly in the context of the Convention that we are examining, I would like to provide the following information.

Trade union pluralism has been recognized since the events of 1988 and was set out in the Constitution of 1989. An Act on freedom of association was adopted in 1990, which resulted in the establishment of a number of unions in several sectors, including the public sector. Supporting documents still exist. The General Union of Algerian Workers (UGTA) submitted a paper on the establishment of a number of unions. There are over 60 unions in Algeria, and there is no doubt that the ILO mission that visited Algeria recently has all the documentation on this. Recently, 20 additional unions have been registered, which therefore increases this number.

With regard to the discussion on freedom of association, we cannot deny that trade union pluralism is a reality in Algeria, as attested by the UGTA. If there was a policy against unions, the number of unions in Algeria would not be so high and the prisons would be full of trade unionists.

On the basis of the information provided by the UGTA, we can say that unions are perfectly free to participate in tripartite consultations. The UGTA was founded in 1956 at the time of the national liberation movement, and it therefore has the status to participate in tripartite negotiations in all sectors of the economy and of services. We therefore wonder whether all employers and workers participate through their unions in this level of tripartite dialogue, irrespective of their level of representation. All the unions that exist in the public service also participate in these tripartite dialogues, which are organized by sector in accordance with the Algerian Labour Code.

The tripartite mission met a number of dissident trade unionists who have left the UGTA. It listened to them at length, and this is an important element in the history of our trade union movement, which was the victim of the martyrdom of 400 trade union activists, with their Secretary-General at their head. Logic requires us to wonder about the role of the mission and whether it could interfere in the internal affairs of trade unions.

There is no union today that has witnessed such interference. The question that has been raised by the tripartite mission is whether interference will be brought to an end, which is an element that leads us to question the real intentions of those who endeavour to use the structures of the ILO, which this year is celebrating its Centenary, by making use of the law to defend lies.

For this reason, the UGTA, as an organization with a very long history of honesty, calls for a re-evaluation of the issue based on the facts as they are, and not how they are presented by certain parties to pursue undeclared objectives, which run counter to the interests of the trade union movement in Algeria and other countries of the world.

Algeria today is seeing peaceful demonstrations calling for change. That was also noted by the tripartite mission that visited Algeria, which welcomed the good faith of the Government in honouring its commitments, including the approval of the registration of 20 unions recently. Algeria has nevertheless been included once again in the list of individual cases.

But the Algeria of yesterday has not been the same country since 22 February. Today, Algeria is seeking stability to protect the interests of workers.

Employer member, Algeria – On behalf of the Algerian delegation of public employers, I wish to confirm the readiness of our organization and its commitment to the principles of international bodies, including the ILO. Our country adheres to the principal recommendations, particularly by ratifying the eight fundamental Conventions.

We note with satisfaction the progress made in social matters by my country, although some matters still remain to be specified. We draw the attention of your august assembly to the efforts and action already taken, and we ask you to take into account the commitments made by our Government and to note the proposal to establish a schedule for the implementation of these recommendations.

We thank you for the assistance provided by your Organization, particularly by sending a high-level mission which has enabled us to envisage a better future, particularly by developing social dialogue through the tripartism that my country has adopted as its approach. We insist on the progress made and also call for account to be taken of the political changes that are occurring in our country and which appear to us to augur well for a better future at the economic and social levels.

I wanted to make this contribution to say that it is not a case of just noting the measures to be taken, but also the fact that there has been significant progress, particularly as a result of the political changes that are happening at the moment in my country.

Government member, Senegal – We wish to thank the Algerian delegation for the responses that it has provided to the concerns expressed in the report of the Committee of Experts concerning the application of the Convention. Senegal welcomes all of the measures adopted recently in Algeria in the current context that is characterized by profound changes at the political, economic and social levels, despite this particularly sensitive period of transition that it is experiencing.

Moreover, certain achievements that appear to us to be fundamental should be emphasized: the acceptance by Algeria of an ILO high-level mission, which visited the country from 21 to 23 May; the commitment made by the Government to bring the national legislation into conformity with ILO standards and the consultation underlying the drafting of the national legislation; and the social dialogue which appears to have been established in the country, as indicated by tripartite and broader consultations.

Senegal encourages Algeria to continue its commendable efforts for the implementation of the Convention and to engage, whenever necessary, in consensual reforms that guarantee economic and social stability.

Finally, the Government of Senegal urges the Office to continue providing support to the stakeholders so that they can support inclusive dialogue at the national level and productive tripartism to preserve the higher interests of the country.

Worker member, Spain – One year ago in this same room, I referred to the report of the European Union (EU), of 6 April 2018, on the state of relations between the EU and Algeria under the renewed European Neighbourhood Policy. In point 3, it indicated that Algerian autonomous trade unions were experiencing difficulties in registering and holding meetings, despite the ratification of the Convention. In point 6, it added that the promotion of social dialogue, particularly through the development of autonomous trade unions, should also be among the improvements made to the economy and the labour market. 

Starting from these fundamental premises, one year on, we observe that the repression of independent unions in Algeria continues to be constant, with arbitrary dismissals, the suspension of trade union leaders and the brutal repression of peaceful protests, as indicated by the successive editions of the Global Rights Index of the International Trade Union Confederation (ITUC).

The Algeria of a year ago is not the Algeria that we know today, and this element cannot be overlooked by the Committee. For months, the Algerian people, and with them the independent unions, have been out in their masses on the streets to protest against the fifth mandate of Mr Bouteflika, in a context of the strong mobilization by students and other sectors of Algerian society. At the beginning of this mobilization, and with a trade union movement that was still awaiting legalization, the President of the CGATA, Rachid Malaoui, today with us in Geneva, said that Algeria and its trade union movement were at a crossroads.

And it is in this convulsed political and social context that the ILO high-level mission visited Algeria last May, with many illogical limitations. Even so, we welcome the urgent call made to the Government of Algeria in the report of this important ILO mission to proceed on an urgent basis to the registration of the CGATA, the Algerian Union of Employees of the Public Administration (SAFAP) and the SESS, and to provide the necessary facilities for these procedures. The CGATA has not yet succeeded in obtaining its official registration in Algeria, with its leaders and members suffering harassment at various times.

The Government is continuing to make use of the same methods of arbitrary dismissal to prevent the operation of unions, under the pretext of the absence of registration of these organizations. We have all seen in recent months how the people of Algeria have decided to take back their place, honour and dignity.

The outcome of the debate in this Committee should be commensurate with the dignity of the Algerian people, which is fighting for its democratic freedoms. It should require the Government of Algeria to comply with the Convention and should endeavour to avoid us coming back again in 2020 to this room to note that nothing has changed.

Government member, Burkina Faso – My country reaffirms its commitment to the principles and values set out in this Convention. The question of the defence of freedom of association is a fundamental concern of our Organization. The promotion of freedom of association has been the ILO’s main concern since its Constitution of 1919, to the Declaration on Fundamental Principles and Rights at Work of 1998, passing through the Declaration of Philadelphia of 1944.

The Government of Algeria is under examination by our Committee concerning the implementation in law and practice of certain relevant provisions of the Convention, which it ratified in 1962. My country’s delegation notes with satisfaction the useful information provided by the Government of Algeria concerning the various efforts made by this fraternal country to give full effect to the principles contained in the Convention. It is happy to note that, on all the issues raised by the Committee of Experts, Algeria has already initiated consultations, provided certain responses and indicated its will to make the necessary modifications to ensure the full application of the Convention in practice. For this reason, we encourage the Government of Algeria to pursue its efforts and to request ILO assistance in the context of the planned reforms.

Observer, IndustriALL Global Union – I am happy and honoured to be speaking to you on behalf of IndustriALL. My colleagues from the Trade Union Confederation of Productive Workers (COSYFOP) and myself met the high-level mission in May. What we have lived through following the conclusions adopted by the Committee in 2018 has been horrible. There have been convictions, cases of imprisonment and arrests. I myself was brutally arrested on 23 April 2019 and I suffered psychological and physical torture at the police station. I was stripped and handcuffed, and made to sit on an iron chair to be interrogated about my trade union activities. I have noted that each time conclusions are adopted by the Committee, there is an increase in repression and threats against my colleagues and myself to convince us to accept the administrative dissolution of SNATEG by Order No. 296 of 16 May 2017 of the Ministry of Labour.

Moreover, during the discussion of this case by the Committee in 2017, the Government representative stated that no administrative order had been issued to withdraw the registration of the SNATEG on 16 May 2017, and the same Government representative today repeats that he was right concerning the annulation of the order, which should never have existed.

With regard to the alleged voluntary dissolution, and following the loss of all the trials against us by Mr Boukhlafa Abdallah, the Ministry of Labour lodged charges against me for usurping my functions, in April. The Ministry used its influence to obtain a conviction against me. With reference to the COSYFOP, registered with the Ministry of Labour under No. 30/1991, the Ministry declared that the executive bodies of the COSYFOP have been convened unlawfully.

I can confirm to you today that there is no internal dispute that the Algerian Government can use against the COSYFOP to attack its credibility. We are not requesting the Government of Algeria to register us, or offer us facilities. What we are requesting is to bring an end to this oppression against unions, these arbitrary practices that raise obstacles to the protection of the right to organize and freedom of association. The high-level contacts mission called on the Government to bring an end to the practices of oppression, particularly with the unions and persons who met the mission. And that is why I want to tell you what happened to one of our comrades, Mounit Batraoui, who met the high-level mission, who is today suffering intimidation and harassment. Moreover, the dismissed trade unionists have not been reinstated and the website of COSYFOP has been censured. The Government should be reminded that the Ministry of Labour is a partner for the unions, and not their hierarchical superior or a judge who decides on the legitimacy of congresses and elections, particularly as the law prohibits the administration from interfering in the internal affairs of unions.

Government member, Bolivarian Republic of Venezuela – The Bolivarian Republic of Venezuela welcomes the full information provided by the honourable representative of the Government of Algeria in relation to its compliance with the Convention. We appreciate the progress made in the framework of freedom of association and protection of the right to organize.

It should be recalled that at the last session of this Committee, we expressed concern that complaints were being considered in this case from persons or organizations which do not belong to the world of work, which is not relevant, and particularly if it is all for political purposes. We need to take into account the situation that Algeria is experiencing. The weight that has to be given to the acceptance by Algeria of the visit of a high-level ILO mission is undeniable. The mission visited the country from 21 to 23 May 2019, which demonstrates the Government’s interest in collaborating with the supervisory mechanisms of this Organization.

This Committee should take into account the fact that the Government of Algeria is reforming and adjusting its legislation in conformity with ILO Conventions and the recommendations made by the Committee of Experts.

We encourage the Government of Algeria to pursue the legislative amendments envisaged in relation to trade union federations and confederations, the nationality of workers when establishing unions and the protection of trade union delegates in the context of their trade union activities, among other matters.

We trust that the conclusions of this Committee resulting from this debate will be objective and balanced, which will undoubtedly mean that the Government of Algeria will be able to take them into consideration and value them within the framework of its action to give effect to the Convention.

Worker member, Congo – I am taking the floor on behalf of the workers of the Congo and those of the Organization of Trade Unions of Central Africa (OSTAC) on the case of Algeria in relation to Convention No. 87, which was ratified by Algeria in 1962.

After hearing and having understood the substance of the intervention by the representative of the Government of Algeria, we can note that Algeria has ratified the eight fundamental Conventions and that, following the ILO high-level mission that was carried out from 21 to 23 May this year and the exchanges that followed on legislative reforms concerning the legislation in question, it has been called before our Committee again. There are therefore grounds for believing that the action taken to amend and supplement certain provisions of the Labour Code (Act No. 90-14 of 2 June 1990) in practice constitute progress that is to be welcomed. The draft amendment to the Act, which will be subject to social consultation with all the organizations of employers and workers, may therefore be seen as a strong signal that Algeria will henceforth be in conformity with the provisions of the Convention. We therefore feel that things are moving in a positive direction in Algeria, and the will of the authorities responsible for labour and employment is under scrutiny.

The ILO high-level mission was undertaken on the basis of terms of reference proposed by the ILO. Let us therefore give Algeria the time and opportunity to give effect to the provisions of the Convention and for the dismissed workers to be reinstated, for which the related procedure is well advanced, according to the information provided by the Government.

Government member, United States – In 2018, the Committee expressed concern regarding the Government’s progress in addressing the freedom of association situation in Algeria, as this issue has been discussed for more than a decade across the ILO supervisory system.

The Committee urged the Government to take measures to ensure that workers and employers could operate freely from intimidation and to establish a transparent trade union registration process consistent with international labour standards. In that regard, we note the Government’s acceptance of a high-level mission to the country in May 2019. We welcome this development and look forward to reviewing the mission’s report in detail.

In the meantime, we urge the Government to continue to implement the 2018 Committee’s conclusions, particularly:

- ensure that the registration of trade unions in law and in practice is in conformity with the Convention;

- process pending applications for the registration of trade unions which have met the requirements set out by law and allow the free functioning of trade unions;

- ensure that the new draft Labour Code is adopted in consultation with the social partners, especially the most representative;

- amend section 4 of Act No. 90-14 in order to remove obstacles to the establishment by workers of organizations, federations and confederations of their own choosing;

- amend section 6 of Act No. 90-14 in order to recognize the right of all workers, without distinction whatsoever, to establish trade unions; and

- provide further information on the expedient reinstatement of employees of the Government, terminated based on anti-union discrimination.

Government member, Egypt – We have listened with great attention to the Algerian Government’s statement and the fact that the Committee of Expert’s recommendations have been taken into account. We feel that the situation in Algeria is positive and that the country finds itself at a crossroads. We must take into account the efforts made by the Government, which always participates in social dialogue, despite the difficulties occurring in our brother country. We believe that the Government of Algeria will create a positive environment. The Government of Algeria wants to work on social dialogue and ensure that trade union pluralism exists in the country.

In 1990 the Law was revised and it is still under revision today. We feel that this country deserves encouragement and we must congratulate Algeria, and ensure that it may move ahead. The situation is promising and we need to provide Algeria with more time.

Government member, Syrian Arab Republic – We have read and listened with great attention to the statement made by the Government of Algeria. We feel that the efforts undertaken are of a serious nature and that the future is promising. Measures have been taken to allow the Government of Algeria to fulfil the recommendations of the Committee of Experts so that it may fully respect the Convention. The in-depth reforms in Algeria are being undertaken in a serious manner. We feel that the high-level mission of the ILO to Algeria was successful and that all these efforts made by the Government are positive. Let us also recall that the right to work and the non-discrimination or non-differentiation between Algerian workers and foreign workers are all being taken into account. The Algerian Government is making great efforts to adopt reforms. The high-level mission was welcomed warmly in Algeria and that is why we believe that the Algerian Government should be considered as worthy of our trust. It requires more time and the context is difficult despite the technical assistance provided by the ILO.

Observer, Public Services International (PSI) – The Government of Algeria is stubbornly refusing to take the necessary measures. For example, the bailiffs of the SNAPAP Justice Federation have been the subject of arbitrary and unjust dismissals following a general strike, without up to now receiving compensation for the prejudice suffered or the payment of their salaries. Similarly, the national coordinator of the SESS was arbitrarily arrested on 13 July 2016 and then found innocent, as his file was empty. These are the types of intimidation to which we are subjected.

Moreover, following the establishment of the SNAPAP chapter in the University of Belgaid, the President of the University exerted pressure on the delegates to withdraw the chapter and launched judicial proceedings to prevent the creation of a union chapter. A complaint was lodged against the person responsible for coordination at the level of the Wilaya, Salim Mecheri, with a view to decapitating the union.

Furthermore, Mellal Raouf, Kouafi Abdel Kader, Ben Zein Suleiman and Suleimani Mohammed Amin Zakariya Benhadad were convicted to sentences of imprisonment because of their statement to the press. The same also applies to the Autonomous National Union of Electricity and Gas Workers. We are being dragged before the courts, despite the rights from which we should benefit.

With regard to the registration of the CGATA, we heard the Minister, but it should be known that the Government of Algeria, the employers and many others have made false statements at each session of the Committee. In fact, the Ministry of Labour refuses to register a number of unions, which once again proves the stubborn persistence of the Government. This Government disdains the recommendations of the Committee of Experts, also in relation to the CGATA and a good number of other unions, including the SESS, which organizes higher education teachers. That is why I wonder and I ask you whether real trade union freedom exists. The Minister provides lists of unions that do not exist in practice, and I urge him to provide the names of their leaders. It is my belief that these unions do not exist. They are ghost unions.

Government member, Mauritania – We congratulate the Algerian delegation for its exhaustive and relevant report on the implementation of the Convention. We welcome the fact that Algeria received the ILO high-level mission, which demonstrates its will to engage in constructive cooperation with the ILO for the implementation of its international Conventions.

The report presented by Algeria indicates, on all the matters raised, that the authorities have offered satisfactory responses and taken appropriate measures, in accordance with the relevant ILO Conventions and the recommendations of its supervisory bodies. In conclusion, in light of the specific situation that Algeria is experiencing, it would be desirable for all its partners to support it constructively by recognizing its efforts to give effect to all the recommendations of the ILO and to promote social peace.

Worker member, Argentina – The Confederation of Workers of Argentina (CTA Autonomous) joins with its other comrades in asking the Government of Algeria to give effect immediately to the recommendations of the ILO mission and proceed to the immediate and unconditional registration of the CGATA and the other independent trade unions.

The report of the Committee of Experts notes with concern the list provided by the ITUC and the CGATA of nine trade unions which had applied for registration and in the end dropped their applications due to the demands of the authorities and the time that had elapsed without obtaining registration.

We wish to remind the Government of Algeria that the Declaration on Fundamental Principles and Rights at Work of 1998 clearly establishes that the fundamental rights, such as those set out in the Convention, must be respected by all member States even if they have not ratified the respective instruments, and all the more so in this case as Algeria ratified the Convention in 1962.

In this respect, the recent registration of 11 new government trade unions is indicative that the Government only grants registration to those organizations that do not lodge complaints, which shows the low level of respect in which the Government of Algeria holds the ILO and its recommendations.

We also remind the Government that the exercise of lawful trade union activities and the right to organize should not be dependent on the official registration of these organizations. In this respect, we recall that the Convention, in Article 2, provides that workers and employers, without distinction whatsoever, shall have the right to establish and to join organizations of their own choosing without previous authorization.

We also openly denounce the brutal repression by the police of the street demonstrations which occurred some days before the ILO mission and the detention of our trade unionist comrades. This makes the situation worse and, in addition to being in violation of freedom of association, in this case there were violations of public freedoms which are the necessary prerequisite for the existence of freedom of association.

We also denounce the recent threats issued by the Minister of Labour of Algeria, Mourad Zemali, against the independent leaders of the CGATA and its affiliates a few days after the arrival of the ILO mission, accusing them of being behind the “stigmatization” of the Government of Algeria in relation to the Committee.

The lack of respect of the Algerian authorities for ratified Conventions is clear when we hear the Government promising to amend section 4 of the Labour Code without setting out a specific schedule for doing so.

Considering that the Labour Code has been stalled for over 20 years for these same reasons, we call on this Committee to demand that it is now completed with the greatest urgency.

Government member, Egypt – I would like to begin by thanking the head of the Algerian delegation for the important information given to us here. This was information relating to steps taken by the Government in seeking to ensure application of the Convention.

We are convinced that the reforms undertaken by Algeria whether to current legislation or in other areas is a reform that is worthy of understanding and respect. We also believe that all of this is in line with the spirit and nature of the Convention. I would note further that Algeria welcomed a high-level mission from the ILO earlier this year and the Government has told us that they are working to adapt structures in the country and to bring them fully into line with the terms of the Convention.

We also note the ongoing administrative reform that is very far-reaching. We have heard about the work being done by the Government and that is something that we commend. We welcome also the fact that the Algerian Government is firmly committed to social justice and peace. The representative of Algeria stated clearly that reform is under way, that amendment of legislation is under way and that this is in line with the recommendations of the Committee of Experts on the provisions of the Convention.

It has also been stated that trade unionism is being promoted without any hindrance in the country. Therefore the Government is seeking to fully implement the Convention that has been ratified. We know that a timetable has been prepared, that this has been transmitted to the Office and all of this shows that Algeria is serious about assuming its responsibilities in terms of social dialogue and is willing to do that.

We welcome what has been achieved thus far and we also welcome the work that is currently under way to ensure that freedom of association can be fully enjoyed in Algeria. We thank the Government of Algeria for all that it is doing, the serious approach to reform that it is taking and we are convinced that fruitful positive results will be achieved.

Observer, International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) – We deplore and denounce the constant instrumentalization of the cloned unions of our affiliate the National Autonomous Union of Public Administration Personnel (SNAPAP).

In its conclusions, the high-level mission specifically referred to cloning, the creation of fictional fake organizations, without names, legitimacy, as one of the anti-union practices systematically used by the Government of Algeria.

Every time the SNAPAP establishes a chapter in a particular administration, the security services, with the assistance of the local administration, pressurize delegates to persuade them of the prohibition on joining any other union than the cloned SNAPAP, under threat of reprisals. The national security services have once again exerted pressure on the owner of the new headquarters of the SNAPAP to cancel the rental agreement.

SNAPAP has already been compelled to leave its previous national headquarters in view of the pressure exerted on the previous landlord and as the union had to exist for several months without electricity following the decision of SONELGAZ, the public gas and electricity company, in the middle of winter. The case is currently before the courts.

The IUF strongly supports the recommendations of the mission and we call for the implementation of specific and urgent measures to ensure that Algerian women and men workers can exercise their fundamental rights in an environment exempt from interference and intimidation, and there I am quoting the report.

Government member, Turkey – We would like to thank the Algerian Government for the detailed response they have provided. We welcome the Algerian Government’s willingness to engage in dialogue and provide more information. We take note of Algeria’s efforts to work closely with the ILO in several fields. As a member of the ILO, Algeria has ratified 42 Conventions, including all fundamental and three priority ones. The Algerian Constitution and its national labour legislation enshrine the right to organize and strike for all citizens. The Algerian Government is also committed to solve the problems regarding labour relations and conditions in the country. We think it is worth mentioning that measures taken by the Algerian Government towards enriching social dialogue demonstrates the Government’s willingness and commitment to continue its efforts to further improve the conditions of freedom of association and the protection of trade union rights.

Algeria accepted the visit of the ILO high-level mission in May 2019. It has a committed effort to strengthen and adapt its current legislative framework to bring it into line with the ILO standards. We encourage the Algerian Government to continue to undertake further steps in this regard. We believe that within the social dialogue mechanism, recent amendments relating to freedom of association made by the Algerian Government will promote the rights and freedoms of the trade unions. For these reasons, we join the request that the Committee should take into account all the efforts made by Algeria in consultation with the social partners.

We believe that Algeria will continue to work with the ILO and social partners in the spirit of constructive cooperation regarding the ILO and the international labour standards and comply with reporting obligations and the ratified ILO Conventions.

Government member, Zimbabwe – Zimbabwe takes the floor to thank the Government of Algeria, the spokesperson of the Workers’ and the Employers’ groups and other delegates for their submissions. These have put the issues under discussion into perspective. The Zimbabwe delegation takes note of the documents from the Committee of Experts on Algeria and the issues raised therein on the violation of the Convention. The delegation of Zimbabwe notes with satisfaction that the Government of Algeria has commenced widespread reforms that are aimed at complying with both the Convention and the comments by the Committee of Experts. We are aware that the legislative reform is a process and, as such, Algeria needs to be given time to make the necessary changes in law. Further, we note the fact that the Government of Algeria has responded to the comments by the Committee of Experts in respect of registration of trade unions. In its report, Algeria submitted that it has registered 75 workers’ unions and 42 employers’ unions since the revision of the Law. This is a positive sign indeed that Algeria is willing and indeed ready to work with the ILO, the workers’ and the employers’ unions in finding a lasting solution to the issues outlined by the Committee of Experts. Based on the submissions made by the Government of Algeria, the delegation of Zimbabwe is pleased with the positive stands and progress made in complying with the recommendation of the Committee of Experts. It is our considered view that the Government of Algeria has responded positively and in detail to specific issues raised by the Committee of Experts. To this extent, the delegation of Zimbabwe urges the ILO to continue to avail technical assistance to the Government of Algeria in all its efforts to comply with the Convention and observations by the Committee of Experts.

Government member, Brazil – Brazil thanks the Government of Algeria for the presentation of detailed information for the consideration of this Committee and for the preliminary information on the case provided by the Government and available on the Committee’s web page. Brazil notes that this case has been brought to the attention of this Committee on multiple occasions. This excessive exposure does not contribute to the aim of promoting the goals of the ILO Conventions. Rather, a universal review in which all governments from all regions of the world, both developing and developed, were called to appear periodically to this Committee, would serve more cogently and credibly the universal goals of ILO’s core Conventions. In the last few years, Algeria has been placed on the shortlist in 2014, 2015, 2017, 2018, and now again in 2019 (five times in six years – all in relation to Convention No. 87). Algeria’s case is another reiteration of the regrettable practice, to single out developing countries.

The lack of due notice, the opaque nature of the selection of cases, and the negotiation of conclusions, seriously hinder our efforts to build constructive dialogue and give meaningful consideration to the submissions of various parties. A strong, effective and legitimate ILO, adapted to the contemporary challenges of the world of work and multilateralism, is of interest to all – governments, workers and employers. This should and can be achieved by means of cooperation, dialogue and partnership.

Brazil takes good note of the willingness of the Government of Algeria to cooperate with the ILO, as demonstrated by its submissions to, and engagement with this Committee, and its clear efforts to adhere to international labour standards and review its national legislation as appropriate.

Brazil reiterates that only well-defined standards, to which a Government has agreed through the formal ratification process, should ground any questions or requests for clarification before this Committee. The Office, this Committee and the ILO as a whole should recognize the important role of governments, national institutions and organizations in the interpretation of standards with a view to accommodating national circumstances and capabilities.

Observer, International Trade Union Confederation (ITUC) – I am speaking on behalf of the CGATA, to which the SESS is affiliated. The CGATA reminds the Committee that Algeria is living through a period of great political instability as, since 22 February, the people have been coming out in their millions each week to demand a second Republic. We therefore consider that the representatives of the Government here have no legitimacy to represent the Algerian people.

Moreover, the trade union confederation UGTA, which has always played the role of the trade union close to the authorities, is bitterly criticized by its members, who are constantly assembling to demand its return to real trade unionists. Its Secretary-General has been prevented from leaving the national territory by decision of the real power in Algeria, that is the army, to sacrifice some of those guilty in our country in a vain attempt to calm the people of Algeria.

Turning to the recommendations of the Committee of Experts and the failure to comply with the Convention, we emphasize that the high-level mission visited the country during a period of political instability. All of the credibility of the ILO, and particularly the Committee, is at stake, as the high-level mission clearly reported that it is the trade unions that have complained that have been refused registration. The mission recommends the Government to proceed with the registration of the CGATA and the SESS on an urgent basis.

The visit showed that a high number of trade unions have been refused registration, which indicates that many trade unions have been afraid to appeal to the ILO in light of the repression suffered by the CGATA and its affiliate, the SESS. Another affiliate, the SNAPAP, has suffered from cloning, which has been denounced here on many occasions.

Not only has there been no progress in terms of the consultation of the social partners on the draft Labour Code, but the authorities have just invented a new way of putting off action by saying that certain provisions will be corrected without revising the whole Labour Code. We have been waiting for 18 years for the promised Labour Code, because the first complaint was in 2001. Now, a new procedure has to be followed for who knows how many more years. It must also be noted that the dismissed trade union delegates have not been reinstated, despite the promises made.

We trust in the Committee to restore our rights. We demand the immediate and unconditional implementation of the Committee’s recommendations. We demand the determination of strict time limits for the registration of the CGATA and the SESS, as well as for the reinstatement of the dismissed trade union delegates and the amendment of the Labour Code.

Government member, Namibia – Chairperson, Namibia welcomes the information provided by the representative of the Government of Algeria on the implementation of the Convention. Namibia is pleased to note the ILO high-level mission’s visit that took place from 21 to 23 May 2019. The ILO high-level mission was able to meet with some ministerial departments and social partners and collected documents and evidence on the situation of trade unions.

Further, the Government of the Republic of Namibia notes that the Government of Algeria remains committed to give effect to the comments from the Committee of Experts with regard to legislative reforms. The increase in trade union registration from 101 in June 2018 to 121 in June this year, as per the submission by Algeria, it is an indication that registration of trade unions in Algeria conforms with the Convention, both in law and in practice. We therefore call upon the ILO to continue providing technical support to Algeria. Finally, this Committee should take note of the progress made by the Government of Algeria in its conclusions.

Government member, Sudan – The delegation of Sudan would like to thank the Government representative for the information provided regarding the fulfilment of the requirements of the Convention, which Algeria has ratified in 1962.

My delegation believes that the Algerian Government has made great efforts to facilitate the work of the high-level mission as well as implement reforms. This is worthy of congratulations, as the country is undergoing difficult times. The Government of Algeria has committed to fully respect Convention No. 87, and the number of trade unions registered has risen a great deal in one year. Chairperson, we are of the opinion that the Government of Algeria must receive assistance to fulfil its reforms, and deserves technical assistance.

Government member, Mali – Following the points made by the Minister of Labour of Algeria, it is important for the Government of Mali to express its total support. However, we invite him to pursue and reinforce the efforts made with a view to calming the social climate.

Government member, Cuba – My delegation reaffirms the importance of continuing to promote tripartism and social dialogue in all countries with a view to resolving the differences that arise in the world of work and promoting better protection for the rights of workers and trade union freedoms, which must be a constant objective for everyone.

We therefore encourage the Government of Algeria to pursue its efforts for this purpose, while recognizing the steps taken up to now. We hope that the legislation protecting these rights will continue to be strengthened. We also emphasize the need to continue promoting, within the framework of the ILO, measures and programmes of technical assistance for countries which make space for governments to take action with the intention of resolving the challenges faced by the world of work in an environment of cooperation and exchange.

Government member, Lebanon – Taking into account the information provided to us by the Government of Algeria in its detailed and full response concerning the implementation of the provisions of the Convention, we congratulate the Government of Algeria on the great efforts made and all the measures taken at the legislative level and in terms of the reforms that have been embarked upon and the practical measures that are currently being implemented.

We commend and encourage the Government of Algeria to reinforce tripartite dialogue with the social partners. We urge the Government of Algeria to engage in consultations with workers’ unions in the framework of the reform of the Labour Code to ensure that it is in conformity with international Conventions.

We also urge the International Labour Office to strengthen cooperation with the Government of Algeria through the provision of more technical cooperation to consolidate the progress that has already been made.

Government member, Ethiopia – Ethiopia would like to thank the Government of Algeria for the information it provided. We have heard from the report of the Government of Algeria that it is working towards amending its relevant bills in consultation with the social partners and the timetable for the review of the bill will be communicated to the ILO Office. We are also informed by the Government of Algeria that there exists a conducive environment for workers to organize in trade unions of their choosing and freely exercise the rights in conformity with the Convention.

The Government of Algeria further indicates its acceptance and openness for the visit of the ILO high-level mission which in our view is a sign of interest that it attaches to the promotion and implementation of the Convention in point. From the foregoing, my delegation is convinced that progress is made in Algeria in conformity with the recommendations of the Committee. In light of the progress made and change taking place in Algeria towards aligning its national legislation with the Convention in point and the prevailing positive environment for trade unions to exercise their rights, we encourage the Government of Algeria to step up its effort to work closely and collaboratively with the social partners in the spirit of promoting social dialogue, to affirm its commitment to the full implementation of the Convention in law and in practice and we also look forward for the ILO’s technical support in this regard.

Government member, Niger – Niger commends the Government of Algeria for the detailed information provided in relation to the observations of the Committee of Experts. Niger also welcomes the will shown by Algeria to collaborate with the ILO supervisory bodies by receiving the high-level mission following the 107th Session of the International Labour Conference. Despite the situation that is being experienced by the country, it must be noted that considerable efforts have been made to give effect to the Convention.

To ensure the continuation of these efforts, the ILO must continue to provide assistance to its Algerian tripartite constituents so that they can make progress. Finally, we pay tribute to all of the efforts and the progress made in the implementation of the Convention and we encourage the Algerian constituents to continue on this path.

Government representative – It is with great pleasure that I take the floor again to thank all the speakers – Governments, Workers and Employers – who have expressed support for my country, those who have requested further information and those who have called for efforts to be made. I would also like to thank the high-level mission that visited Algiers and which succeeded in ensuring the neutrality of its report. It was my duty and that of my Government to do so.

We have noted the questions and requests, as well as the proposals made. Accordingly, while recalling and emphasizing once again the commitment of the Government to take action in the context of a rapid and organized process that coincides with the new dynamic of the country, the results achieved up to now, since the last session in 2018, show that specific progress has been made.

A process has been initiated, particularly with the commencement of the revision of Act No. 90-14, and I repeat that a process has been initiated, the settlement of almost all the individual cases of dismissal (83 out of 86), a commitment to pursue the long-standing consultation on the Labour Code, which will be complete. I indicated in my communication that the provisions of sections 6 and 4 will be covered. That is a commitment.

With regard to the registration of trade unions, the commitment has been made and all the applications made will be dealt with.

We will continue our cooperation with the ILO to complete and ensure the completion of all these projects and processes. The willingness of the Government of Algeria is total, and we will ensure that all these programmes are completed to achieve the expected objectives. These are not promises, but commitments, and we have explicitly addressed, as I have just said, the provisions respecting federations, confederations and nationality for the establishment of a trade union.

We are currently looking towards the future, and the assessment that has been provided is beginning to bear fruit. The list of organizations registered was brought to the knowledge of the direct contacts mission, and we can resubmit the list of trade unions today to this Committee, for both the administrative sector and the economic sector, together with all the necessary information.

We accepted the high-level mission, even though certain of those who called for the mission in 2017 and 2018 refused to meet it in 2019. This raises questions concerning their attitude. I leave the Committee to interpret this in full freedom.

The Government once again emphasizes its complete availability and its respect for the ILO to make progress, and we will ensure together that the expected objectives are achieved, while emphasizing that the Government of Algeria protects all of its citizens, without exception, and that those who have portrayed themselves as victims are able to travel within and outside the country. They are even in this room. There is no repression.

In conclusion, I call on all of us to ensure that cooperation with the ILO is reinforced with a view to the completion of the programmes. And I call for justice in the approach adopted to the examination of this case.

Employer members – The Employers’ group has taken careful note of the Government’s submissions and looks forward to considering these submissions in further detail alongside a more detailed analysis of the report of the high-level mission. We also took careful note of the discussion today in our Committee and welcomed the active participation of those who took the floor.

The Employers’ group welcomes the Government’s commitment to work towards compliance with the Government’s obligations in accordance with the Convention following the high-level mission and, in particular, welcomes the Government’s commitment to do so in a rapid manner. The Employers’ group, therefore, takes this opportunity to encourage the Government to take all of the necessary measures to complete the reform of the Labour Code without further delay and in making this recommendation, we encourage the Government to commit to this process in a time-bound manner. This reform process, in the Employers’ view, should be completed alongside good faith consultation with the national employers’ and workers’ organizations, as well as in a spirit of commitment to ongoing social dialogue in the country.

Worker members – I give thanks to the delegates who have participated in this debate for their support. The Government of Algeria has now been promising for several years to adapt the legislation to bring it into conformity with the Convention, and the Workers’ group calls on the Government to provide the Office, as soon as possible, with a precise schedule indicating the stages of the priority reform of Act No. 90-14 and the preliminary draft of the Labour Code.

We also invite the Government to take the occasion of this reform to introduce a series of amendments. We insist in particular on the following elements: first, the adoption of provisions that guarantee effective protection against trade union dismissal and discrimination; second, ensuring the rapid reinstatement of trade union delegates once a favourable court ruling has been handed down; and, third, the abolition of the requirement to be a salaried employee to be able to hold trade union office.

These elements are not exhaustive and we call on the Government to give effect to all of the recommendations contained in the report of the high-level mission

We also invite the Government to proceed with the registration of all trade unions that are awaiting recognition, and particularly the SESS, CGATA and SNAPAP.

Finally, we call on the Government to provide a detailed report to the Committee of Experts containing the draft amendments so that the Committee can examine them at its next session in November.

Algeria is at an important crossroads in its history, and no one can predict the path that it will follow. It is essential to seize this opportunity to lay the foundations for a society based on liberty and to write a history of equality and dignity. In short, it is a matter of sowing justice to reap peace.

Conclusions of the Committee

The Committee took note of the oral statements made by the Government and the discussion that followed.

The Committee noted positively that the Government had accepted a high-level mission in May 2019. The Committee expressed concern over the persistence of restrictions on the right of workers to join and establish trade union organizations, federations and confederations of their own choosing and noted with concern the continued absence of tangible progress to bring the legislation into compliance with the Convention.

Taking into account the Government’s submission and the discussion that followed, the Committee urges the Government to:

- ensure that the registration of trade unions in law and in practice is in compliance with Convention No. 87;

- process pending applications for the registration of free and independent trade unions, which have met the requirements set out by law, and allow the free formation and functioning of trade unions;

- review the decision to dissolve the SNATEGS trade union;

- systematically and promptly provide trade union organizations with all necessary and detailed information to enable them to take corrective action or complete additional formalities for their registration;

- amend section 4 of Act No. 90-14 in order to remove obstacles to the establishment by workers of organizations, federations and confederations of their own choosing, irrespective of the sector to which they belong;

- amend section 6 of Act No. 90-14 in order to recognize the right of all workers, without distinction whatsoever, to establish trade unions;

- take all appropriate measures to guarantee that, irrespective of trade union affiliation, the right to freedom of association can be exercised in normal conditions with respect for civil liberties and in a climate free of violence, pressure and threats;

- ensure impartial investigation and due process rights in order to guarantee the rule of law;

- reinstate employees of the Government terminated based on anti-union discrimination, where appropriate; and

- ensure that the new draft Labour Code is adopted with no further delay and is in compliance with the text of Convention No. 87.

Taking note of the recent ILO high-level mission that visited the country, the Committee urges the Government to fully implement the recommendations issued and to report on progress achieved to the Committee of Experts before its next session in November 2019.

Government representative – My delegation takes note of the Committee’s conclusions. It reiterates its commitment to act upon the recommendations of the Committee of Experts. Progress has been made, and the Government will continue its work in this regard. Schedules will be drawn up to provide the necessary transparency regarding actions to be undertaken in the short term, and those for which steps should be taken towards broad consultations with all the social partners, as noted during the discussions. The implementation of the conclusions of the high-level mission, and the progress and achievements will be reported to the Committee before November 2019, as reflected in the conclusions.

Individual Case (CAS) - Discussion: 2018, Publication: 107th ILC session (2018)



The Government has provided the following written information.

Requests for the reinstatement of dismissed workers

The national legislation provides for procedures for the prevention and settlement of individual labour disputes. Act No. 90-04 of 6 February 1990, as amended and supplemented, respecting the settlement of individual labour disputes, establishes procedures for the settlement of individual labour disputes that have to be complied with by each worker and each employer.

In this regard, in the cases of the workers referred to in the conclusions of the 106th Session of the International Labour Conference (ILC), the procedures set out in the above Act were followed, irrespective of the outcome of the settlement of their individual labour dispute.

In this context, it is necessary to recall that the Government has always responded to the requests made by the competent ILO bodies. In this respect, and following verification, it has been found that of the 86 workers, the situations of 76 workers have been settled or are in the course of being settled. The cases are before the competent jurisdictions in six cases and orders are in the course of being given effect in three cases.

With reference to the situation of eight of the remaining ten workers, two have been dismissed, following the completion of all the procedures set out in the laws and regulations, on the grounds of unjustified absence and failure to comply with the internal enterprise rules, and three workers have been dismissed for serious professional misconduct.

In this regard, the Government observes that examination of the files of the workers shows that on no occasion was it found that it was a penalty on grounds of the exercise of trade union activities, but on the grounds of types of professional misconduct envisaged by the law and the internal enterprise rules. The workers concerned availed themselves of all of the means of recourse envisaged by the law for the settlement of individual labour disputes, including reconciliation through the labour inspection services of the competent jurisdictions. Accordingly, almost all of the workers referred to by name in the conclusions of the 106th Session are in work, with the exception of Mr Habib Benyahia (SNAPAP-CGATA) of the University of Tiaret, who has taken retirement. Moreover, it has also been found that, among these workers, Mr Haddak Arab (SNAPAP-CGATA) has been promoted to the level of administrative officer.

The clerks of court are in employment. The Government attaches all the documents provided by the employer concerning the situation of all the workers referred to in the conclusions.

Case No. 3210 before the Committee on Freedom of Association

The Government had provided full information on the complaint before the Committee on Freedom of Association made by the Autonomous National Union of Electricity and Gas Workers (SNATEGS) (Case No. 3210) in a communication dated 18 December 2017, in which it informed the ILO of the voluntary dissolution of SNATEGS (copy attached) and the record of the voluntary dissolution of the union. In a communication dated 5 May 2018, in relation to Case No. 3210, the Government called for the case to be closed.

Completion of the reform of the Labour Code

With regard to the request concerning the completion of the reform of the Labour Code, the Government provided full information on the process of the drawing up of the Labour Code and will spare no effort in the context of the dialogue organized with its economic and social partners for the development of a consensual Labour Code which will reinforce the lessons learnt from the experience of the implementation of the labour legislation that is in force and will respond to the expectations of the economic actors.

Registration of unions

With regard to the case of the registration of the presumed Autonomous Algerian Union of Transport Workers (SAATT), the documents submitted did not correspond to the conditions set out in the provisions of the Act, and particularly section 2. There was a lack of precision in the determination of the occupational category covered by the by-laws, which did not contain the provisions that have to be included in the by-laws as set out in section 21 of the Act. The persons concerned did not reply or ask for further details on their file.

With regard to the documentation for the Autonomous Union of Attorneys in Algeria (SAAVA), the Government recalls that any request for the establishment of a union is subject to examination of the conformity of its documentation with the law. In this regard, it was found from the examination of the by-laws of the presumed union that there were categories of persons who were salaried employees or employers. The national legislation makes a distinction between a union of salaried employees and an employers’ organization. The response was communicated to the persons concerned with an invitation to comply with the provisions of the legislation, but up to now those concerned have not brought their documentation into conformity with the provisions of the law.

With reference to the documentation of the CGATA, in addition to the information already provided by the Government representative at the 106th Session of the ILC in June 2017, the alleged President of the CGATA was not a member of any legally registered trade union and does not represent any trade union. The Government also informed the ILO through a communication of 22 September 2013, of which a copy is attached, that Mr Rachid Malaoui was dismissed from his job in accordance with the procedures set out in the law and regulations for abandoning his job through unapproved absences. This situation resulted in him losing his position as an employee.

In Algeria, representative unions benefit from prerogatives which enable them, among other functions, to negotiate and conclude accords and collective agreements, to have premises in the employer enterprise, a notice board in appropriate places for their members and leave for trade union purposes in the service of their organization during the period of office of the trade union member. The participation of workers’ representatives, through trade union delegates, is a legal requirement for the negotiation of terms and conditions of employment and of work with a view to the conclusion of collective labour accords and agreements. Workers’ representatives in enterprise committees or units are designated by the most representative trade union or, failing that, by the representative committee. Where there is no union or representative committee, they are elected by the workers collectively. It is a requirement for workers’ representatives to be associated with any decision concerning the establishment of occupational medical services by the employer. Similarly, representative organizations of workers and employers are represented by twelve (12) workers’ representatives and twelve (12) employers’ representatives on the national occupational safety and health and medicine board.

Moreover, in the context of the prevention and settlement of collective labour disputes and the exercise of the right to strike, workers’ representatives hold regular meetings with employers with a view to undertaking a joint examination of the situation with regard to the socio-occupational relations and general conditions of work of the employer. At the national level, Algeria has acquired great experience of social dialogue through tripartite meetings bringing together the Government and representative organizations of employers and workers. These dialogue and negotiation forums have resulted in agreements on economic and social life, the conclusion of economic and social pacts and the creation of institutions and other bodies. A summary of tripartite and bipartite meetings is attached.

Cases of workers referred to by name in the conclusions of the 106th Session of the International Labour Conference (June 2017) [Table not reproduced - See PR 9B(Rev.): http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/wcms_632917.pdf#page=43]

In addition, before the Committee, a Government representative expressed astonishment that Algeria had once again been included among the cases to be examined by the Conference Committee and regretted the recurrent refusal to recognize the progress made in the country in the protection of human rights and freedoms at work. The ratification of 60 ILO Conventions, including the eight fundamental Conventions, mostly since national independence in 1962, illustrated the commitment of his country to base its economic and social development on the principles set out in international Conventions and treaties. The national Constitution also gave importance to the freedoms and rights recognized for all citizens in the world of work, including freedom of association and the right to strike. In 2015 and 2017, the Government had provided all the information requested on specific cases or on the Labour Code. The previous year, when the case had been examined, of the 32 interventions made by members of the Committee, 26 had welcomed the progress made by the Government. The failure to take that into account amounted to a denial of democratic rules. Recalling that all activities had to be undertaken in compliance with the law, as required by Article 8(2) of the Convention, he reiterated the statement made the previous year to the Committee concerning the Autonomous National Union of Electricity and Gas Workers (SNATEGS), to the effect that the union was operating normally and that its members had decided voluntarily on its dissolution, in accordance with the provisions of labour laws and regulations and its by-laws. The authorities had simply noted its dissolution in October 2017. In relation to the cases of the workers referred to in the allegations, he referred to the detailed information provided in writing on that subject and indicated that, of the 86 cases listed, 76 had been resolved through reinstatement in their jobs, assignment to another job, or by retirement at the initiative of the worker concerned. With regard to the allegations of police violence during demonstrations, he recalled that the Government ensured the security and well-being of its citizens and the protection of property. The intervention of the police services was only warranted by the need to maintain public order. Such interventions were carried out in accordance with the law and in conformity with international practice. However, as globally acknowledged in all countries where regulation existed covering meetings and demonstrations, any action outside the framework authorized by the law was not allowed. Recalling that the finalization of the draft text of the Labour Code would require not only in-depth reflection with the social partners, but also the support of the actors in the world of work, he reiterated the Government’s desire to complete the process within the framework of tripartite consultation. However, it needed to be accepted that, to ensure its success, such a process required time. It should also be recalled that over 70 per cent of the comments made by the Office on the initial draft text had been taken into account by the Government.

The trade union landscape in Algeria consisted of 101 representative organizations, including 65 workers’ organizations, which were organized in full freedom in accordance with the law. The formalities for the registration of unions were set out in the law. The cases referred to of the establishment of unions, such as the General and Autonomous Confederation of Workers in Algeria (CGATA), the Autonomous Union of Attorneys in Algeria (SAAVA) and the Autonomous Algerian Union of Transport Workers (SAATT), had been the subject of observations by the administration with a view to ensuring compliance with the legal provisions, which had been transmitted to the founding members so that they could clarify certain issues, particularly in relation to the dual status of the founder members or the absence of a status of a salaried employee. Delays in resolving the documentation issues concerned were the responsibility of those seeking registration. The application of the regulations respecting the registration of unions could not therefore be assimilated to an intervention by the public authorities that was of such a nature as to limit or hinder the exercise of the right to organize. Moreover, the legislation that was in force was in full compliance with international standards seeking to promote collective bargaining, under the terms of which measures adapted to national circumstances were to be taken to facilitate social dialogue and collective bargaining. By way of illustration, to date 82 branch collective agreements had been registered and 167 collective accords at the branch level, while 3,817 collective agreements had been concluded at the enterprise level, as well as 17,238 collective enterprise accords. Social dialogue was therefore a real and specific practice in Algeria, as demonstrated by the regular tripartite and bipartite meetings held on economic, social and development issues. The Government and the economic and social partners had also concluded a National Economic and Social Pact and a National Economic and Social Growth Pact, which were an acknowledgement of the social benefits acquired and economic reforms with the support of the social partners. That model of social dialogue and concerted action was being shared, with the support of the Office, with other African countries within the context of South–South cooperation. With a view to providing some light on the follow up to the proposal for a visit to the country by a direct contacts mission contained in the 2017 conclusions of the Conference Committee, he indicated that his Government had given its agreement to such a mission being carried out in February 2018 and had accepted without reservation the composition of the mission. The Office had then proposed terms of reference that had for the most part been accepted by the Government, with two of the 12 proposed points being rejected. The Government had then finalized the schedule of meetings, including with members of the Government, and had prepared to welcome the mission which, in the end, had not been carried out. Following its cancellation, the Government had wished to talk to the Office and the partners to clarify its position, in which context it had explained that it had not been able to approve the persons covered by the two terms of reference that had not been accepted on the grounds that they were engaged in activities that had no legal basis intended to cause the social destabilization of the country. The Government was continuing its consultations with the Office on that subject, for example through the meeting held between the Government delegation, under the leadership of the Minister of Labour, and the Office shortly before the beginning of the Conference. In conclusion, he reaffirmed his Government’s support for the reforms advocated by the Director-General, and particularly the promotion of tripartism, which was fundamental to the functioning of the ILO. In that respect, his Government agreed that it was necessary to reform the functioning of the Conference Committee so as to achieve tripartite participation at all stages of the supervisory process with a view to greater transparency and equity and closer compliance with the ILO’s fundamental principles.

The Worker members emphasized that the present case was being discussed once again simply because the Government had refused to take into account the recommendations made by the Conference Committee the previous year. They questioned the unusual approach adopted by the Government which, in a communication disseminated through the Arab Labour Organization (ALO), had accused the Office of partiality and the Conference Committee of adopting double standards. A look at the statistics of the cases examined by the Committee in recent years was sufficient to show that such accusations were groundless. The Worker members expressed regret that the Government had not acted on the conclusions adopted the previous year by the Conference Committee, in particular regarding the sending of a direct contacts mission before the present session of the Conference and the obligation to report to the Committee of Experts on the progress made. Moreover, no progress had been made with regard to the new Labour Code, which had been at the draft stage since 2011, in relation to which the Government had not indicated which of the comments of the Committee of Experts had been taken into account. Nor had any progress been made in amending section 6 of Act No. 90-14 of 2 June 1990, which restricted the right to establish trade unions to persons who were Algerian nationals by origin or had been for at least ten years. Although the Government had indicated that a provision under discussion with the social partners would reduce the required period of nationality to five years, that amendment would still not be in conformity with Article 2 of Convention No. 87, which provided that employers and workers, without distinction whatsoever, shall have the right to establish organizations of their own choosing. In that regard, the Committee of Experts recalled in its 2012 General Survey on the fundamental Conventions that this implied that anyone residing in the territory of a State, whether or not they had a residence permit, benefited from the trade union rights provided for by the Convention, without any distinction based on nationality. Lastly, the Government had not reported any progress in the amendment of the provisions that had the effect of limiting the establishment of federations and confederations. The Government had indicated in its statement, as it had done the previous year, that the time taken to make the amendments might appear long but, in view of the importance of the text, there was a need to enlist the widest possible support. Although the Worker members welcomed the importance that the Government appeared to attach to consultation, they wondered why consultations lasting more than 12 years were needed for amendments that were relatively simple to adopt. Moreover, in the current context in which certain organizations were excluded from the consultation frameworks, they considered that the consultations in question were not in conformity with ILO standards. With regard to the registration of trade unions, the Committee of Experts continued to voice its concern at the particularly long periods required to secure registration, or the refusal by the authorities without any justification to register autonomous trade unions. That was a recurrent approach by the authorities. For example, the CGATA had been applying for registration since 2015. After depositing its application, it had received a letter which merely indicated that the application had been rejected on the grounds of non-conformity with the regulations. No response had been made since to its request for justification. The result was that to date, the CGATA had no way of knowing in what way its application for registration supposedly failed to conform to the regulations. In addition, because of that lack of recognition, the CGATA was excluded from tripartite consultation structures, and had not been consulted on the ongoing reform of the Labour Code. The Worker members recalled that certain formalities prior to registration were only compatible with Convention No. 87 if they did not give the authorities discretionary power to refuse the establishment of an organization, and that this requirement should not constitute such an obstacle that it amounted to a straightforward prohibition.

The Worker members reported a number of cases of interference by the authorities in the activities of trade unions: (i) with regard to the case of SNATEGS, they observed that a press release from the Ministry of Labour, dated 3 December 2017, had announced the voluntary dissolution of SNATEGS, in accordance with the provisions of Act No. 90-14 of 1990. Under section 29 of the Act, voluntary dissolution was proclaimed by the members of the trade union, or their regularly designated delegates, in conformity with the provisions of the union’s constitution. However, it should be noted that, according to the SNATEGS constitution deposited with the Ministry of Labour, the dissolution of the trade union organization was a decision to be taken by a SNATEGS national congress. The general assembly of 7 October 2017, referred to by the Government in its press release, had therefore neither the competence nor the authority to decide on dissolution. It was regrettable that, following that decision, the bank accounts of SNATEGS had been frozen; (ii) on 4 February 2018, the police had indicated to the Algerian Union of Electronic Press Editors, which was an employers’ union in the process of being established, that its general assembly planned for the following day was illegal because no prior request for authorization had been made. However, there was no legal provision stipulating that prior authorization was required to set up an occupational union in a private space on a weekday. That was simply another example of a violation of freedom of association; (iii) on 6 March 2018, without any legal basis, the Government had issued a request, solely via the website of the Ministry of Labour, Employment and Social Security, to the 65 accredited trade union organizations to prove their representativeness. The formula imposed by the Ministry obliged the trade unions to indicate, among other things, the list of names of their members, their jobs and their social security registration numbers. At the end of the prescribed three-week period, only 30 organizations had been able to provide responses. Of that number, only 17 had met the relevant criteria, according to the Government. The Worker members recalled in that regard that the law contained provisions that made it possible to determine the representativeness of a trade union and that superfluous initiatives by the authorities had been tantamount to yet another violation of freedom of association. Stressing once again the connection between the exercise of freedom of association and respect for civil liberties, the Worker members recalled the cases of harassment and persecution against independent trade union officials affiliated to the CGATA, in particular: (i) Mr Khaddour Chouicha, member of the CGATA executive committee, arrested by the police on a café terrace together with human rights activists on the grounds of unauthorized assembly; (ii) Mr Abdelkader Kouafi, SNATEGS’s Secretary-General, and Slimane Benzine, President of the National Federation of Internal Security Workers, both sentenced to imprisonment and fines for objecting to poor conditions of work and to the sexual harassment of women workers; (iii) Mr Raouf Mellal, SNATEGS’ President, who had been the subject of several complaints of defamation with a view to his intimidation. In that regard, a court decision handed down in November 2017 ordering his reinstatement in his post and as a trade union official was still awaiting implementation; and (iv) Mr Mekhfi Djeha, who had been dismissed in February 2018, after informing his superiors of his status as a delegate of an independent trade union. In conclusion, the Worker members expressed deep regret at the gulf between the situation of the independent trade union movement in Algeria and the ILO’s principles of freedom of association.

The Employer members recalled that the case had been discussed by the Conference Committee in 2014, 2015 and 2017. It concerned issues relating to obstacles to the establishment of workers’ organizations, including the registration of trade unions in law and practice. The Government had indicated that these issues would be addressed by the new Labour Code. The Employer members had recalled, as they had in 2017, the information on the social dialogue process in the country, the Government’s stated commitment to meeting with parties to discuss the issues, and that the draft Labour Code, under preparation since 1990, had not yet been adopted. In 2017, the Conference Committee had made recommendations concerning the registration of trade unions, the removal of obstacles to the establishment by workers’ organizations of federations and confederations of their own choosing, the need to ensure that freedom of association could be exercised in a climate free from intimidation and violence, and the need to ensure that the new draft Labour Code was in compliance with the Convention. The Conference Committee had also urged the Government to accept a direct contacts mission before the next session of the Conference. In that respect, the Committee of Experts had noted that the direct contacts mission had not been accepted without restriction. Thanking the Government for its explanation that it had accepted ten of the 12 points in the terms of reference of the mission, the Employer members nevertheless expressed disappointment that the mission had not been accepted based on the full terms proposed by the Office. If information had been provided to a direct contacts mission, the discussion at the Conference Committee might have been avoided. Without information from a direct contacts mission, the discussion had to be based on the report of the Committee of Experts. Taking into account the conclusions of the Conference Committee of 2017, the Employer members welcomed the Government’s expressed commitment to tripartite social dialogue and encouraged the Government to complete the reform of the Labour Code, in consultation with the social partners. That reform should address the requirements to obtain prior authorization and should recognize the right of all workers to establish trade unions and ensure that the registration of trade unions in law and practice conformed to the requirements in the Convention. It should ensure that freedom of association could be exercised in a climate free of intimidation and without violence against workers, trade unions or employers. The Employer members were hopeful that on the basis of straightforward recommendations, it would be possible to move forward and achieve tangible progress on the case. The Government should be urged to provide a full report to the Committee of Experts and to accept a direct contacts mission in the spirit of openness and transparency, so that full information could be gathered with respect to the efforts made to achieve compliance with the Convention.

The Worker member from Algeria stated that the International Labour Conference was a global platform for the social partners to assess and identify the extent to which member States were committed to the instruments they had ratified under the conditions of impartiality and objectivity. However, certain cases lacked precisely the elements of objectivity and integrity. Trade unions contributed to workers’ awareness and improved the working conditions and lives of the workers. However, the trade union movement was now suffering because of the opportunistic manner in which trade unionism was approached, and was rather used as a tool for purposes that had nothing to do with workers’ lives and suffering. This had become a threat to workers and threatened the credibility of the ILO and its mechanisms. The mechanisms and methods of the ILO should be reformed in order to preserve its reputation, credibility, and effectiveness. The campaign against Algeria and certain other countries was based on false arguments. Legislation that had existed for a quarter of a century had suddenly become a target for violating obligations. Efforts were being made to dismantle and weaken the Algerian trade union movement and there were schemes against the original trade union movements in Algeria and elsewhere. This had negative implications for the principle of genuine trade unionism and for the work of the ILO. She urged all those who respected the ILO to plead for the reconsideration of cases and to put an emphasis on the importance of providing material evidence for cases.

The Employer member of Algeriaexpressed surprise at the repeated criticisms made against Algeria for several years considering the significant number of workers’ unions that had been registered since the beginning of the 1990s, and the fact that trade union pluralism and the right to strike were enshrined in the country’s basic law. Hardly a month passed without a strike being called in Algeria, mostly in violation of the rules governing the right to strike, and which brought vital sectors such as health, education, transport and other economic sectors to a standstill. The public authorities had always favoured dialogue and negotiation to resolve such disputes, and had never adopted repressive measures against the workers and trade unions that called strikes. The penalties imposed on workers were not related to their trade union activities, but rather to the disruption of public order and the prevention of work at the workplace, which were punishable under all national laws. Algeria had distinguished itself by adopting a policy that favoured dialogue and consultation with the economic and social partners, as demonstrated by the two economic and social pacts concluded in 2006 and 2014, and the number of tripartite and bipartite meetings organized to discuss issues relating to the economic development of the country. Furthermore, hundreds of collective agreements and accords had been signed between the social partners within enterprises. He said that Algeria aspired to build a law-abiding State and therefore ensured the strict application of the law in all fields, including the exercise of freedom of association and the organization of public demonstrations. They were not therefore obstacles affecting freedom of association, but rather compliance with legislative provisions governing trade union activity. The Government had provided such explanations time and again, and the Committee had failed to take them into consideration.

Another Employer member of Algeria emphasized the commitment of the Government and employers in her country to compliance with international labour standards and the promotion of social dialogue, both through existing tripartite institutions in the country, the National Economic and Social Pact and the long-standing cooperation between Algeria and the ILO. She had taken note of the work of the Committee of Experts and expressed the desire of her organization, the Business Leaders’ Forum, to pursue collaboration that was beneficial for all which stakeholders, however, required objectivity and transparency, in line with ILO values. The reform of the Labour Code was an important, complex and sensitive process that needed to ensure a balance between the different actors within the enterprise, and facilitate the construction of a modern economy. Both employers and workers should support the Government’s efforts to conclude that consultation process serenely, and sustainably consolidate economic growth that created wealth, jobs and social peace. With regard to freedom of association and the right to strike, she emphasized that the Algerian Constitution guaranteed all the fundamental freedoms, including the right to freedom of association and the right to strike, within a context of strict compliance with the law. The legal framework implemented under the country’s basic law was in conformity with the spirit and letter of the international Conventions and instruments ratified by Algeria. In that context, trade union pluralism that had been set out in the Constitution since 1989 had allowed intense union activity in Algeria in both the public and private sectors. Consequently, as the Government had indicated, the regulatory framework in force and its application in practice respected the principles of the Convention in relation to freedom of association and the exercise of the right to strike. In conclusion, she emphasized that it would be appropriate, prior to the preparation of the report of the Committee of Experts, to organize exchanges with the experts in order to ensure they had accurate information.

The Government member of Mali noted with satisfaction the action taken by Algeria to give effect to the Convention. Welcoming the efforts made, particularly the strengthening of social dialogue through tripartite meetings, and forums for consultation and negotiation, she encouraged Algeria to continue its constant efforts to be in compliance with freedom of association.

An observer representing the International Trade Union Confederation (ITUC), speaking on behalf of CGATA, regretted that the Government was the subject of repeated complaints from trade unions, and that it had refused to cooperate with the ILO. Since the previous year, when the present case had been discussed by the Committee, there had been no improvement and further obstacles were impeding the free exercise of trade union rights. Effect had not been given to any of the Committee of Experts’ recommendations on the following issues: the demotion of the dismissed trade unionists who had been reinstated; the registration of trade unions; the revision of the draft Labour Code; and the establishment of an agenda for the ILO follow-up mission that precluded meetings with the leaders of complainant trade unions. Acts of repression were continuing against trade union representatives, and particularly the President of the CGATA (Mr Rachid Malaoui), the President of SNATEGS (Mr Raouf Mellal), the National Coordinator of the Higher Education Teachers’ Union (SESS) (Mr Kaddour Chouicha) and the Head of the Federation of Judicial Workers affiliated to the National Autonomous Union of Public Administration Personnel (SNAPAP) (Mr Mourad Ghedia).

The Government member of Lebanon noted that the Government was taking measures to fulfil its international obligations and trusted that no effort would be spared in that regard. She expressed appreciation for the measures already taken by Algeria, including the National Economic and Social Growth Pact. The social dialogue that was taking place should be encouraged.

An observer representing IndustriALL Global Union said that the trade union pluralism claimed by the Government was in appearance only, as demonstrated by the horrendous campaign of repression against SNATEGS, despite having ratified most of the international Conventions on freedom of association. A total of 1,114 people involved in the trade union had been brought to court, and 12 trade union delegates had been prosecuted on false grounds and threatened with imprisonment for having exercised their right to strike. He referred to his own 18-month prison sentence, and to other examples of arbitrary cases, in the context of which a significant number of trade union leaders had been dismissed. The Ministry of Labour had not only refused to apply section 56 of Act 90-14 on the modalities for the exercise of trade union rights, in accordance with which trade union delegates had to be reinstated in the event of a violation of the law, but it had also dissolved the trade union twice: the first time, through the adoption of a ministerial decree in May 2017; and the second time, by holding a so-called “voluntarily dissolution” meeting. In those two cases, the Ministry of Labour had refused to apply the laws on freedom of association and ridden roughshod over the competence of the judiciary, which alone had the authority to dissolve a trade union in accordance with sections 27 et seq. of Act 90-14. Freedom of association was now an illusion in Algeria, where trade unions were muzzled and anyone who dared to expose the deteriorating social conditions of workers or company mismanagement was sentenced to imprisonment for defamation. Finally, he expressed concern not only at the prison sentences, but also at the dismissals and aggressive policies of the Government in relation to trade union leaders and anyone who tried to engage in trade union activity.

The Government member of Eritrea expressed his full support for the position taken by the Government regarding the application of the Convention. The Committee should appreciate the efforts undertaken by the Government to harmonize its legislation with the relevant international labour standards through a process of tripartite consultation, particularly for the ongoing labour law reform. He expressed support for the need to review the working methods of the Conference Committee in order to ensure transparency and inclusiveness, in particular regarding the criteria to select the cases to be included in the list.

An observer representing Public Services International (PSI) described the situation experienced by the National Autonomous Union of Public Administration Personnel (SNAPAP), which was an affiliated union. He said that the authorities had established a trade union that was a clone of SNAPAP, the leader of which was participating in the work of the International Labour Conference. Such a move had been made in order to deceive the members of the Conference Committee. However, at the national level, the original SNAPAP had experienced an interference in its activities, to the extent that each time it attempted to establish a union branch in a specific administration, the potential members were subjected to intimidation by the security services and the local administration in order to make them join the clone trade union. Furthermore, pressure was exerted on SNAPAP from all sides to prevent it from renting trade union premises. He regretted to note that an official from PSI, who was to have carried out a mission with SNAPAP, had been refused a visa by the Algerian authorities.

The Government member of the Bolivarian Republic of Venezuela welcomed the information provided by the Government concerning the application of the Convention. The Government’s statement had served to highlight the good practices in the field of social dialogue with the aim of promoting industrial relations and the exercise of the right to freedom of association. The Government had expressed concern at the fact that it had repeatedly been requested to reply to questions relating to the right to freedom of association, despite the fact that in 2015 and 2017, it had provided information on specific cases and on the draft Labour Code, and was awaiting an assessment of the progress it had made. The Government of Algeria should be praised for its continuous promotion of decent work and its efforts to strengthen workers’ rights within the framework of the Convention. It was also a matter of concern that claims had been made against the Government by people and organizations from outside the world of work. As the Government had observed, there was significant trade union activity, resulting in the signing of numerous collective agreements based on permanent and effective social dialogue that had led to the signing of an Economic and Social Growth Pact and various agreements on the socio-economic matters. Finally, attention should be drawn to the resurgence of an aggressive policy against Algeria that was intended to limit its social progress and deny its values of social justice, all of which should be taken into account by the Committee in its conclusions.

The Worker member of the United States recalled that SNATEGS had been dissolved by the Ministry of Labour and that this had not been voluntary. Following peaceful actions in response to that decision, leaders of SNATEGS had been detained. Subsequently, a peaceful protest had been organized by SNATEGS to demand that the Government put a stop to the privatization of national companies, uphold the freedom of association, and reinstate workers and union leaders who had been dismissed from the state-owned energy company, but police detained approximately 1,000 persons from that rally. The detention of union leaders for alleged unauthorized gatherings was not limited to SNATEGS. Mr Kaddour Chouicha, the national coordinator for SESS faced similar charges, and at the university where Mr Chouicha worked, teachers had been locked out. The detention of union leaders, the alleged dissolution of SNATEGS, and the lockout of SESS members were all in violation of the Convention and related to employers that were state-owned. The legislation was being used as an apparatus to deprive workers of their freedom of association by punishing union leaders and members and preventing them from joining together. Reform of the legislation was moving forward at an unacceptably slow pace. It was very concerning that this was occurring in the public sector as the Government was responsible for the slow progress towards the reforms recommended by the Conference Committee and the other actions under discussion. The speaker recommended the adoption of the same conclusions as last year, with an emphasis on the need for the reforms to occur without undue delay.

The Employer member of Qatar recalled that the case of Algeria was a unique situation. Algeria had ratified more than 60 ILO Conventions and had more than 100 active trade unions. As employers, they always viewed stability in the economic environment as the main goal for the development of the economy and any problems in the economic environment of a neighbouring or regional country would negatively affect their own economic environment. Algeria should not merit being among the 25 cases discussed by the Conference Committee. The case should be closed, and the Government should be encouraged to resolve the issues raised through Algerian regulations and legal frameworks.

The Government member of the Plurinational State of Bolivia expressed appreciation for the information provided by the Government to the effect that freedom of association was fully protected under the laws of the country. She welcomed the Government’s report on the reinstatement of dismissed workers, which should be taken into account by the Committee in its conclusions. In the Plurinational State of Bolivia, trade union rights were recognized as fundamental rights.

The Worker member of Brazil deplored the increase in violent attacks by the Algerian Government against workers. In particular, doctors who were members of the Autonomous Committee of Algerian Resident Doctors (CAMRA), who had been on strike for several months, had been brutally repressed by the police during demonstrations held between January and May 2018 in Algiers and Oran. Several doctors had also been arbitrarily detained and released very late at night in isolated locations. On 4 January 2018, after having prohibited doctors from the CAMRA from protesting in front of the Mustafa Pacha University Hospital in Algiers, the police had brutally repressed them, causing serious injuries. Doctors coordinating the demonstration had been arbitrarily arrested. On 20 January 2018, the Algerian police had yet again brutally repressed a peaceful rally organized by the SNATEGS-CGATA and had arrested a large number of peaceful protesters, notably women trade unionists from SNAPAP. He called on the Government to guarantee freedom of association based on tripartite social dialogue.

The Government member of the United States noted that the Government continued to report that the process initiated in 2011 to amend the Labour Code was progressing. The dialogue with the Committee of Experts on the draft legislation and the efforts to engage in consultation with tripartite stakeholders showed its commitment. He expressed concern at the cancellation of the ILO direct contacts mission requested by the Conference Committee in 2017, owing to the Government’s refusal to guarantee meetings with independent trade union organizations. Unregistered trade unions continued to report registration delays and certain denials of recognition. He encouraged the Government to take action to address those issues. It should accept an ILO tripartite mission and ensure meetings with all relevant stakeholders, including independent trade union organizations. The recommendations of the mission should include a time-bound action plan providing remedies for specific violations of workers’ rights. The Government should also ensure the ability of trade unions to operate freely from intimidation, establish a transparent trade union registration process in line with international standards and ensure the expeditious treatment of applications for trade union registration.

The Government member of Libya said that the Government’s commitment to the application of the Convention was reflected in its national laws supporting freedom of association in Algeria, as well as in article 70 of the Constitution of 2016, which recognized freedom of association to all citizens. The detailed response of the Government representative confirmed that the Government was in the process of undertaking all necessary and positive action to resolve the individual cases of concern with only a few individual workers’ cases remaining, which were the subject of reconciliation efforts by labour inspectors and the competent courts. Moreover, the settlement of 88 per cent of cases had been reported. The National Economic and Social Growth Pact had been signed by the Government and a number of bilateral and tripartite meetings of the social partners had followed. Concerning the completion of the labour reform process, the Government was developing the Labour Code which aimed to strengthen the application of all social laws in force and to respond to the expectations of economic actors. The Conference Committee should take into consideration, in its conclusions, all the positive action undertaken by the Algerian Government to implement the Convention.

The Worker member of Spain, speaking on behalf of the trade unions in France, Italy and Spain, referred to the recent report by the European Union (EU), dated 6 April 2018, on the state of relations between the EU and Algeria under the renewed European Neighbourhood Policy which, with regard to the freedom of association, indicated that Algerian autonomous trade unions were experiencing difficulties in registering and holding meetings, despite the ratification by Algeria of the Convention. It added that the promotion of social dialogue, particularly through the development of autonomous trade unions, and in accordance with the recommendations of the ILO, should be among the improvements made to the economy and the labour market. On the basis of those fundamental premises, it was important to recall that little progress had been made in Algeria. Following recent strikes called by the National Council of Autonomous Teachers of the Tertiary Education Sector, the Ministry of Labour had launched a campaign to pressurize the trade unions, which undermined the mechanisms of trade union representation. On 6 March 2018, trade unions had been requested to provide, by 30 March, in other words within 24 days, data to demonstrate their representativeness, including the number of members and the amount of union dues, in accordance with the law. However, they had also been requested to supply data that was not required by law, such as the full name, gender, date of birth, employer, workplace address, job title, date of membership, member’s number, the 2017 membership dues and social security number, which was a clear obstruction of the right to freedom of association in the country. Those requirements had served as a pretext to create a list of trade unions that were usually cited by the authorities in an attempt to demonstrate the exercise of freedom of association in Algeria. The trade unions on the list were those that had provided data, thereby excluding those that had not done so. Furthermore, certain organizations had been declared representative which, without having previously been active, had joined the harassment campaign against the National Council. For those and many other reasons, she questioned the criteria used to demonstrate trade union representativeness in Algeria. The Government was still far from complying with the Convention and giving effect to the measures recommended in the EU report referred to above.

The Government member of Senegal welcomed the efforts made by Algeria to implement the Convention. Reaffirming her commitment to the universal ideals and objectives of the ILO and the requirement for all member States to ensure respect for trade union rights and freedoms for all workers, she strongly urged the Algerian Government to build on the progress made to improve, with the social partners, national law and practice in relation to compliance with, and the protection of, workers’ trade union rights. She also called on the Government to increase cooperation with the ILO and, if necessary, request its technical assistance with a view to giving full effect to the Convention.

An observer representing the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), announced that Nassira Ghozlane, Secretary-General of the SNAPAP and member of the PSI executive, had been prevented by the Algerian authorities from travelling to Geneva this morning to attend this meeting. He further underlined that independent trade unions were becoming increasingly isolated. In addition to refusing the members of the follow-up mission a meeting with the independent trade unions that were fighting for freedom of association, even when a colleague had been available to attend that morning, the representatives of the ITUC and the European Trade Union Confederation (ETUC) had not been granted a visa to enter Algeria and hold discussions with the leaders of CGATA on the situation of trade unions and the next ITUC conference. It should be recalled, for information purposes, that Mr Mustapha Tlili, head of the Arab branch of the ITUC, had been refused entry on 24 May 2016 when arriving at Algiers airport. The right to organize required freedom of association at all levels, including the international level. There had been an increase in the criminalization of all trade union activities by the judicial system, causing a flood of unfounded prosecutions of trade union leaders. The arbitrary rulings of 27 January 2016 against Mr Raouf Mellal, President of SNATEGS, 2 January 2017 and 28 November 2017, had resulted in prison sentences of up to six months and fines of up to €5,000 for reporting corruption in public bodies and defending victims of sexual harassment. Furthermore, proceedings were in progress against the Secretary-General of SNATEGS, Mr Abdelkader Kouafi. Such measures were creating an atmosphere of fear which weighed heavily on Algerian workers, on civil rights and on freedom of association.

The Government member of Qatar referred to the detailed information provided by the Government, in particular the legislative procedures undertaken to ensure the exercise of freedom of association and the establishment of trade union organizations and social dialogue processes with the social partners. The Conference Committee’s conclusions should take into consideration the efforts undertaken by the Government as well as its openness to cooperate with the ILO in that respect.

The Government member of Turkey welcomed the information provided by the Government on the developments regarding the implementation of the Convention. The Government was committed to solving the problems regarding labour rights in the country and the figures on settled labour disputes clearly indicated the Government’s willingness and commitment to continue its efforts to further improve the situation of workers. The Government was also commended for its efforts to draft the Labour Code and achieve consensus, which could be reached by social dialogue, and it was encouraged to continue working closely with the ILO and increase its efforts, especially for the protection of trade union rights.

The Worker member of Poland pointed out that the situation of workers in Algeria had not improved since the discussion the previous year by the Conference Committee. On the contrary, new serious violations had recently place. Freedom of association should be guaranteed without discrimination of any kind, particularly based on occupation and nationality, and there should be no prohibitions on the registration of trade unions. There were no guarantees for a rapid registration procedure in Algeria and no specific penalty was foreseen for the authorities, for long registration delays. The labour law reform had been a long process and, accordingly, stronger ILO recommendations were called for. There should be an ILO mission to Algeria. Finally, the Government was urged to amend its legislation, immediately recognize all legitimate unions and reinstate all workers who had been unlawfully dismissed for their trade union activities.

The Government member of Zimbabwe, noting the information submitted by the Government on the cases that had been finalized and those still under consideration, expressed the hope that the cases pending before the internal dispute settlement system would soon be finalized. She noted the Government’s willingness to continue cooperating with ILO supervisory bodies in ensuring that all the pending cases were dealt with through domestic remedies. The ILO should continue to provide technical support to strengthen the tripartite and bipartite institutions in Algeria, as those structures were central to dispute settlement in the world of work.

The Government member of the Islamic Republic of Iran welcomed the measures adopted by the Government to reinforce the situation of trade unions in the country. Referring to the statistics provided by the Government on the settlement of individual cases, he noted that 76 of 86 cases had been settled or were in the process of being settled. Efforts had been deployed to reach a consensual Labour Code in full consultation with the social partners. He recalled the Government’s indication that it had not rejected the recommendations adopted by the Conference Committee in 2017 concerning the direct contacts mission and indicated that further negotiations could pave the way to a solution. He encouraged the Office to provide the necessary assistance to overcome the pending issues.

The Worker member of Morocco expressed surprise at the Government’s reply in which it described the CGATA as a “quasi union”. He emphasized that CGATA was a founding member of the Arab Trade Union Confederation, the Maghreb Social Forum and the World Social Forum, and a member of the ITUC. Furthermore, the General Union of Moroccan Workers was engaged in long-standing cooperation with CGATA, which it considered to be a serious and responsible trade union. Consequently, denying the existence of the union and its representativeness was merely an attempt to favour one union over another, while the correct procedure was to foster cooperation and participation between the main trade unions in the country. That was a crucial element in the promotion of social peace, to which any serious government should aspire. He concluded that any action that prejudiced freedom of association was a clear violation of the ILO Constitution and contravened the provisions of the Convention.

The Government member of Egypt said that account should be taken of all the efforts made by the Government in the framework of dialogue with the social partners, to ensure the effective implementation of the Convention. This included preparing labour legislation and other related social laws; ensuring the establishment of trade unions based on pluralism; facilitating the establishment of trade unions at different levels by removing the restrictions and obstacles in this exercise; and providing the necessary guarantees for the establishment of independent trade unions. The Government was encouraged to take additional measures to ensure the full application of the Convention, both in law and practice and to make use of the technical assistance provided by the Office in that respect.

The Worker member of Mali, speaking also on behalf of the workers of Guinea and the Congo, indicated that, for the second consecutive year, the Committee was examining the failure of Algeria to comply with the provisions of the Convention. In light of the arguments put forward by the Government and the efforts made to clarify contentious issues, significant progress had been noted regarding in particular: the effective recognition of pluralism, resulting in the registration of several trade unions covering almost all economic branches and the public sector; and the existence of a regulatory framework to facilitate the conclusion of collective agreements at the enterprise level. In addition to those achievements, a National Economic and Social Growth Pact had been signed, thereby strengthening the promotion of social dialogue and the recognition of the rights of all workers. Social peace was the bedrock of all economic progress and the foundation of the rule of law as it ensured respect for the choice of all workers to freely exercise their activities. In the present case, Algeria was a country engaged in a process of substantial transformation sustained throughout by the values of progress and democracy, for which the ILO was a reference. In that context, the Organization’s role was to actively encourage the strengthening of social dialogue as a channel for social peace and cohesion through the recognition of the achievements made since 2017 in relation to trade union rights. The ILO should continue to support Algeria to strengthen the results attained.

The Government member of Mexico noted the action taken by the Government in response to the comments of the Committee of Experts, and particularly the progress made in reforming the Labour Code and the political will shown to undertake a broad consultation process with the social partners with a view to drafting legislation that would strengthen the application of laws and practice, so that the challenges in the present case could be overcome. At the same time, the Committee of Experts had noted the allegations aired before the Committee on Freedom of Association, which made it necessary to emphasize the importance of avoiding duplication in the examination of the issues at hand. It was therefore particularly relevant not to prejudge any matters that were still pending before that Committee, so as to ensure coherence in the functioning of the supervisory bodies. He reiterated that respect for fundamental rights at work was an essential component in creating decent work and accordingly, expressed satisfaction at the Government’s willingness to work with the supervisory bodies. It was to be hoped that the legislative process under way would be fruitful and that the Committee of Experts would be kept informed of the progress achieved.

The Worker member of Bahrain said that there was no doubt that the Government was dealing decisively and transparently with the observations of the Committee of Experts and that it responded in detail to all the issues contained therein. He expressed his surprise at the fact that Algeria had been on the list of cases for years, despite the fact that it had ratified more than 60 international labour Conventions, which confirmed the country’s commitment to respect of international labour standards. The Algerian labour movement was dynamic and active, and provided significant material and moral support to Arab and African trade unions. However, he supported the statements made by the Government in that they should be granted freedom in dealing with the draft Labour Code, with the full support of the social partners. He added that the great number of social sectoral agreements reflected the fact that Algeria used social dialogue and collective bargaining as the ideal means to regulate conditions of work. Finally, it was important to acknowledge efforts made in the country, which provided a good example of freedom of association and social dialogue, rather than insist on placing it on the list of cases.

The Government member of the Russian Federation noted that the information provided by the Government confirmed its commitment to complying with the Convention. The Government was demonstrating good will and was open to dialogue with the social partners on the issues raised. For a number of years, the Government had been taking specific steps that affirmed its commitment to the fundamental principles and rights at work. The situation should be analysed carefully, and the ongoing social dialogue should be supported. The speaker concluded by encouraging the Government’s cooperation with the ILO, including in the form of an ILO mission, and to continue to take measures in that respect.

The Worker member of Sudan noted that the Convention provided for account to be taken of national laws in the exercise of trade union activities. Algeria had ratified a large number of ILO conventions. It also had an important role in developing the African trade union movement through the Organization of the African Trade Union Unity (OATUU), as well as an active role in the Arab trade union movement through the International Confederation of Arab Trade Unions (ICATU). Algeria’s national labour legislation was in conformity with international labour standards, including with respect to trade union pluralism.

The Government member of Ghana welcomed the efforts taken by the Government regarding the reinstatement of dismissed workers. The Committee of Experts should bear in mind the distinction between fundamental human rights and trade union rights, as trade union rights also entailed obligations. Algeria had acquired great experience in the use of social dialogue as a tool to reach consensus on important socio-economic issues. The reform of the Labour Code required the participation of major players in the country in order to ensure consensus over a law which addressed existing gaps and takes into account emerging issues in the industrial environment. He urged the Government to strengthen engagement with the social partners and avail itself of ILO technical assistance to make progress in the finalization of the Labour Code reform, in compliance with relevant international labour standards.

The Government member of Cubaexpressed appreciation of the information that the Government had supplied concerning the Convention. She emphasized that some of the recommendations made by the Committee of Experts had already been implemented and trusted that Algeria would continue to make progress in putting into practice the recommendations made.

An observer representing the World Federation of Trade Unions (WFTU) said that the trade unions situation in Algeria was characterized by pluralism, as more than 100 trade unions were registered, including 65 central trade unions. What was lacking in Algeria was ambitious and fair legislation regulating pluralistic trade unions. Some considered that tripartite dialogue necessarily meant the inclusion of only the most representative trade unions and the exclusion of the remaining organizations, when in fact tripartite dialogue should not be restricted but should encompass a number of workers’ and employers’ organizations at all stages of dialogue. He recommended that the Government of Algeria should work to establish a higher council for social dialogue in which more than one employers’ organization and one workers’ organization could participate.

The Government member of Kenya noted that since the last examination of the case by the Conference Committee in 2017, the Government had put in place a number of measures to address some of the problems regarding the application of the Convention. There had been an increase in the number of cases settled through conciliation or competent courts, most of which related to professional misconduct rather than to the exercise of workers’ trade union rights. Consultation and negotiation had also resulted in the signing of a number of economic and social agreements and the creation of institutions to enhance social dialogue. As the process of amending laws and restructuring institutions was time-consuming, the Government should be given more time and technical assistance from the ILO in order to enhance compliance with the Convention.

The Government member of Nigeria noted with satisfaction the Government’s report on the application of the Convention and considered that much substantial progress had been made. He expressed support for the proposal to revise the working methods of the Committee to carry out its mission in accordance with the principles of tripartism and ensure full transparency in individual cases. Particular concern remained about the complaints lodged against the Government by some persons and trade unions allegedly lacking official recognition on the pretext that the Government was hindering freedom of association. Trying to force governments to implicitly recognize pseudo-organizations was a practice that undermined a State’s sovereignty. Finally, the Government’s commitment to meet the requirements of the principles of the Convention was welcomed.

The Government member of the Syrian Arab Republic noted the positive measures initiated by the Government. Those measures should continue, as the Government was determined to pursue reforms to ensure the application of the Convention. The delay in finalizing the Labour Code should not be a concern as this legislation required tripartite consultations and dialogue. He hoped that the new law would soon be issued as the tripartite constituents reached consensus.

The Government representative emphasized that Algeria was a stable country which respected human rights in general, and freedom of association in particular, as demonstrated by the strikes that had been called, including in some very sensitive sectors, such as national education, health and transport. There were no preconditions for the registration of trade unions, except the procedures set out in the national legislation. Information concerning the processing of applications for trade union registration had always been provided to the ILO on time. He added that one person claiming to represent the workers was no longer a public official and therefore only currently represented herself. The Government had also provided all the evidence concerning the illegal activities of that person, which consisted of inciting rebellion and disobedience, for which there could be no protection under the Convention. He further noted that Algeria had neither refused nor cancelled the direct contacts mission. The country had provided full information on the action and preparations made in that regard and was engaged in consultations with the Office. With regard to the outcomes of individual cases, full information had been provided in a transparent manner and the procedures were well advanced. With regard to the reform of the Labour Code, dialogue and tripartite consultations were in progress, including those concerning the provisions on which comments had been made by the Committee of Experts. Pending the completion of the process, Algerian labour legislation was in conformity with international Conventions, which meant that there was no legal vacuum in the country. He regretted that a number of accusations had been made against his country despite the information previously provided by the Government, which it refuted. It had been indicated that Mr Mellal was no longer in the enterprise in question, but that he was working as a lawyer at the Alger bar. Regarding the legal proceedings in which he was involved, the enterprise had appealed and the courts were continuing to work in full independence. Other persons present in the room claimed to have received prison sentences, although they were able to travel freely outside of the national territory. With regard to the dispute that had arisen within SNAPAP, it should be recalled that the Supreme Court had ruled on the case and that the trade union’s leaders had been re-elected at its last congress. On the case relating to CGATA, all the relevant information had been provided to the Office, which could now be examined by the Committee of Experts. Trade union pluralism existed in Algeria, as demonstrated by the significant number of organizations that were active. The dissolution of SNATEGS had been decided upon by its founding members in accordance with the legislation, and the Ministry had confined itself to taking note of that voluntary dissolution. With regard to trade union representativeness, the legal framework had been in place since the adoption of the 1990 labour laws. The framework developed that year aimed only to ensure greater transparency and precision in the assessment of trade union representativeness. Twenty-one trade union organizations had complied with the new measures, without their operation being affected. He recalled his country’s commitment to tripartism and social dialogue, and underscored his Government’s willingness to strengthen cooperation with the Committee and the ILO in general.

The Worker members emphasized that the Government had provided further information concerning the observation of the Committee of Experts that the Committee had discussed in 2017, without however responding to the comments made by the Committee of Experts in its latest observation. It would have been better, as the Committee had requested the previous year, for the information to have been sent to the Committee of Experts so that it could have been taken into account in its examination of the case. Sending the information more promptly would also have allowed the necessary verification to have been made. They recalled that currently: (i) the list of reinstated workers sent by the Government included SNAPAP delegates who had only been reinstated on condition that they renounced their trade union functions; (ii) postal workers were included on the list, even though in reality, the post office was still refusing to reinstate them; and (iii) the majority of SNATEGS delegates were not mentioned on the list. It was therefore clear that the Government had only partially given effect to the Committee’s recommendation in that regard. With respect to the procedure for the registration of unions, they considered the information supplied by the Government to be a cause for concern. According to the Government, the non-recognition of SAATT was largely attributable to the absence of specification of the categories of workers covered by the organization’s statutes, a requirement that ran counter to Article 3 of the Convention, which recognized the right of workers’ organizations to draw up their rules freely. With regard to the alleged failure to comply with the provisions of section 21 of Act No. 90-14, they had underlined that the section in question contained requirements that constituted interference by the public authorities, in breach of Article 3(2) of the Convention, and that the Government had not specified exactly the manner in which SAATT had failed to comply with that section. Concerning the reported reinstatement of workers in the public service, the Government had not provided specific information in support of its claims on that point. The Worker members recalled that the Convention contained a series of provisions that had yet to be incorporated into Algerian law. With regard to the registration of trade unions, clear and transparent provisions were needed. In order to avoid registration becoming in effect a request for prior authorization, it would be useful to introduce a legal provision setting a short time limit for the delivery of the receipt of registration and providing for automatic trade union registration if no reasoned reply was received within the set time. More specifically, they called on the Government to: (i) recognize independent trade unions, including the CGATA, as soon as possible and restore the registration receipt of SNATEGS, which had been withdrawn without justification; and (ii) amend the legislation so that all workers, without distinction on grounds of nationality, had the right to establish unions. With regard to the Labour Code that was being prepared, they: (i) requested the Government to ensure that the text was in full conformity with the Convention and expressed regret that the Government had made no explicit commitment in that respect; (ii) pointed out that the document submitted made no reference to the comments of the Committee of Experts; and (iii) requested the Government to send that document to independent trade unions, including the CGATA, for comment. They also called on the Government to cease any action that hindered freedom of association, so that it could be exercised in a climate free of intimidation and violence. Bearing in mind that the Government had not given any effect to the recommendations made at the previous session of the Committee, they requested it to accept a high-level mission to examine all relevant aspects and, in particular, to hold meetings with the complainant unions.

The Employer members expressed appreciation for the information provided to the Conference Committee, including the Government’s stated commitment to further cooperate with the ILO and the national social partners. Referring to the conclusions adopted by the Conference Committee in 2017, the Employer members encouraged the Government to work towards completing the reform of the Labour Code, in consultation with the social partners. In that respect, the Employers highlighted the requirement of the Convention to remove obstacles to the establishment, by workers of organizations of their own choosing, including the registration of trade unions, and emphasized the need for a climate free of intimidation and violence. The Employer members welcomed the Government’s stated commitment to tripartite social dialogue, which was a necessary component for continued progress. In the spirit of transparency and clarity, and in light of the Committee of Experts’ need for the most up-to-date information, a high-level mission should be accepted without reservation to demonstrate commitment to achieving compliance with ratified Conventions.

Conclusions

The Committee took note of the oral statements made by the Government and the discussion that followed.

The Committee expressed concern over the persistence of restrictions on the right of workers to join and establish trade union organizations, federations and confederations of their own choosing. The Committee noted with concern that progress towards compliance with Convention No. 87 remained slow as this case has been discussed for more than a decade and that the Government had yet to bring the draft Labour Code to Parliament for it to be finally passed. The Committee deeply regretted that the Government did not accept the terms of the direct contacts mission without restriction pursuant to the Committee’s recommendations in 2017.

Taking into account the Government’s submission and the discussion that followed, the Committee urged the Government to:

- ensure that the registration of trade unions in law and in practice is in conformity with Convention No. 87;

- process pending applications for the registration of trade unions which have met the requirements set out by law and allow the free functioning of trade unions;

- ensure that the new draft Labour Code is adopted in consultation with the most representative worker and employer organizations and is in conformity with the text of Convention No. 87;

- amend section 4 of Act. No. 90-14 in order to remove obstacles to the establishment by workers of organizations, federations and confederations of their own choosing, irrespective of the sector to which they belong;

- amend section 6 of Act No. 90-14 in order to recognize the right of all workers, without distinction whatsoever, to establish trade unions;

- ensure that freedom of association can be exercised in a climate free of intimidation and without violence against workers, trade unions, employers or employer organizations;

- provide further information on the expedient reinstatement of employees of the Government, terminated based on anti-union discrimination; and

- provide information regarding the decision to dissolve the SNATEGS trade union to the mission noted below.

The Committee urgently calls on the Government to accept without delay, and before the next meeting of the Committee of Experts, an ILO high-level mission without restriction and report progress to the Committee of Experts in this regard before its next meeting in November 2018.

The Government representative regretted the decision taken by the Committee, despite all the information and documents provided to the Office. He considered that there were problems relating to the functioning of the Committee in terms of appreciating the effect given to the Convention in his country, which confirmed the need and urgency to reform the Committee’s functioning so that the list of individual cases could be drawn up in a transparent manner and the conclusions were tripartite and reflected correctly and faithfully through agreed recommendations the points of view expressed during the discussions. He recalled the readiness of the Minister of Labour to continue consultations concerning the direct contacts mission that was due to visit Algiers, indicating that he had met the Director-General and the Director of the International Labour Standards Department to discuss the mission. He solemnly declared that his Government rejected the substance and form of the Committee’s conclusions. He regretted that, instead of taking into account the progress made and providing support and encouragement with the objective of making improvements, the Committee had confined itself to the statements made by two persons and undocumented articles in the press and that it had recommended a high-level mission without taking into consideration in its conclusions the measures, arguments, documents and progress achieved, and the existence of a large number of trade unions. He had emphasized on many occasions at previous sessions of the Conference that such inconsistencies jeopardized the impartiality and credibility of the Committee. Finally, with regard to the representatives of workers’ organizations in Morocco and Brazil, he advised them to devote their energies to persuading their countries to ratify the Convention, rather than criticizing Algeria, where trade union pluralism was a constitutional principle, and he took the occasion to remind the Worker spokesperson of the danger that attitudes which were not constructive would push the Committee towards blockage and a dead-end.

Individual Case (CAS) - Discussion: 2017, Publication: 106th ILC session (2017)



A Government representative, while welcoming the work of the Committee of Experts and the Committee on Freedom of Association, expressed great surprise to see Algeria on the list of cases to be examined by the Conference Committee and urged it to re-examine the criteria for the inclusion of countries on the list. The Algerian Constitution guaranteed all the fundamental freedoms, human and citizens’ rights, including freedom of association and assembly and the freedom of peaceful demonstration, the right to organize and the right to strike, when exercised in strict compliance with the law. The legislation adopted under the fundamental law of the country was in conformity with the spirit and the letter of the international Conventions and instruments ratified by the country. In this context, the trade union pluralism set out in the Constitution since 1989 had enabled Algeria to see intense trade union activity, both in the private sector and the public service. A total of 102 representative organizations had now been registered, including 66 workers’ organizations and 36 employers’ organizations. Since 2014, five organizations had been registered. Trade union activities in Algeria were carried out within the framework of the law, without difficulty or hindrance, including the exercise of the right to strike. In 2016, there had been 35 strike movements (23 in the public service and 12 in the private sector) with the participation of over 200,000 workers from the various sectors. With reference to the registration of trade unions, he recalled that the labour administration was responsible for a prior control of the conformity of the basic texts of workers’ or employers’ organizations with the provisions of the national legislation governing the exercise of the right to organize, in accordance with the provisions of the Convention. The files for three trade unions referred to by the Committee of Experts had been examined by the competent services of the Ministry of Labour, and observations had been sent to them within the time-limits set out in the legislation that was in force, to which replies were expected. The General and Autonomous Confederation of Workers in Algeria (CGATA) had filed an application for registration in June 2013, to which a reply including the observations of the administration on its by-laws had been sent in July 2013 to the address indicated on the application, but the mail had been returned as the wrong address. On 2 December 2014, the organization had requested the labour administration for information on the action taken on its request for registration. Over two years ago, a new communication had been sent to the organization inviting it to bring its fundamental texts into conformity with Algerian law, but it should be noted that up to now no reply had been received by the labour administration. The organization did not therefore have legal personality. With reference to social dialogue, he indicated that the practice of social dialogue at the national level had resulted in the conclusion by the Government and the economic and social partners of a National Economic and Social Pact in 2006, which had been renewed in 2010, as well as a National Economic and Social Growth Pact in February 2014. At the branch and sectoral levels, social dialogue had resulted in the conclusion of 82 collective agreements and 167 branch agreements. Moreover, the Ministry of National Education and eight sectoral trade unions (out of the ten unions in the sector) had concluded in 2015 an ethical charter containing commitments by all parties for the preservation and promotion of a social climate conducive to the resolution of the problems in the sector. The General Union of Algerian Workers (UGTA) had concluded a pact for stability and enterprise development in the private sector with employers’ organizations in 2015. Finally, 3,671 collective agreements and 17,242 enterprise agreements had been signed. He added that the experience of Algeria in relation to the practice of social dialogue was currently being shared with African countries within the framework of an agreement signed with the ILO with a view to promoting South–South cooperation through the implementation of a programme financed by Algeria, and that a parallel event on the Algerian experience of social dialogue and social protection had been organized at the 329th Session of the ILO Governing Body. With reference to the observation of the Committee of Experts on the use of police violence against trade unionists during demonstrations, he indicated that the demonstration to which reference was made had been organized in violation of the provisions of Act No. 89-28 on public meetings and demonstrations, its objective had been to disturb and undermine public order and that the demonstrators were accordingly liable to the penalties set out by law. The security services had intervened in accordance with the law and international standards respecting the exercise of the freedom of peaceful demonstration. Finally, with regard to the legislative issues relating to the draft law to issue the Labour Code, he recalled that, in conformity with the conclusions of the 104th Session of the Conference (June 2015), the Government had provided a copy to the Committee of Experts in October 2015. The draft law had taken into account a series of observations contained in the memorandum of technical comments prepared by the ILO services. In relation to the issues concerning sections 3, 4 and 6 of Act No. 90-14 of 2 June 1990 on the exercise of the right to organize, specifications had been included in the draft text in response to the concerns raised. The text was now at the stage of dialogue with all workers’ and employers’ organizations, and the dialogue had been broadened to include ministerial departments and departmental authorities. A meeting had been organized in January 2017 with sectoral trade unions and there had been a productive discussion between the labour administration and the unions, in the presence of the ILO Office in Algiers. Although the time elapsed might seem long to certain parties, it was an extremely important legal text and it was important to seek the broadest support in order to propose a coherent text that took into account all of the complex concerns of the world of work. He therefore reassured the Conference Committee of the Government’s will to complete the process of dialogue on the draft text.

The Worker members emphasized that, since the previous discussion of the case in 2015, the situation had deteriorated in Algeria. The Labour Code had not been amended, despite the persistent calls for its revision by the ILO supervisory bodies. Algeria had not remedied the problems raised by the ILO and had not engaged in even the most elementary consultations with the social partners. The draft 2015 Labour Code had not been revised, even though certain of its provisions were in explicit breach of the Convention, including sections 510–512, under the terms of which unions could only join federations and confederations in the same branches or sectors. The draft text also imposed a series of prerequisites concerning the required number of unions in the same occupation, sector or branch to establish federations and confederations of their own choosing. Section 514 only authorized persons of Algerian nationality or those who had been naturalized for at least five years to establish and join unions, in violation of the Convention, which recognized the right of all workers to establish and join organizations of their own choosing. Once again, there had been no improvement. Nor had the Government given effect to any of the requests in relation to sections 517 and 525 of the draft text, which set out the requirement for a series of public procedures to be followed for the establishment of a new union or in the case of changes to the by-laws or executive bodies of existing unions. The requested clarifications had never been provided and the process of revision involving the social partners had never taken place. Section 534 of the draft Labour Code also remained unchanged and provided that national unions could only accept gifts or inheritances from foreign organizations with the explicit authorization of the public authorities, which was not in accordance with the Convention. Act No. 90-14 of 2 June 1990 on the exercise of the right to organize, contained a provision on nationality which limited the possibility to establish and join unions. This provision limited the right of foreign workers to establish a union on grounds of discrimination based on nationality, while the Convention required freedom of association to be guaranteed without discrimination of any sort. The State was seeking to discourage and undermine the very heart of the independent trade union movement in Algeria and raised different and persistent obstacles every time that a union filed an application for recognition or registration. Despite the provisions of Act No. 90-14, the authorities arbitrarily refused to issue registration receipts to unions. Moreover, unions were frequently told to amend their by-laws or to provide additional documents which were not required by law. The failure to issue registration receipts restricted the power of unions to operate normally. Without such receipts, unions were not allowed to receive membership dues, which was their fundamental source of income. Nor could they open a bank account, or take legal action. That was the case of the CGATA, which had been awaiting registration for over 20 years. Another union, the National Autonomous Union of Postal Workers (SNAP), had only been recognized after a period of two years, after filing a complaint with the Committee on Freedom of Association. The list of arbitrary and discriminatory dismissals of trade unionists in Algeria was endless. These included Mellal Raouf, President of the Autonomous National Union of Electricity and Gas Workers (SNATEGS), who had been dismissed in March 2015 in reprisal for his trade union activities. In December 2016, he had been convicted in his absence to six months’ imprisonment and a fine of 50,000 Algerian dinars for denouncing the illegal practice by Sonelgaz, the national electricity and gas company, of inflating electricity bills. The penal sentence had been confirmed by the court of second instance in May 2017. In April 2013, Rachid Malaoui, President of the National Autonomous Union of Public Administration Personnel (SNAPAP) had been dismissed from his post at the University of Lifelong Training for unjustified absence from work and the payment of his salary had been suspended. He had only been able to obtain a copy of his letter of dismissal in June 2013, and his appeal for his dismissal to be overturned had been set aside by the Council of State in January 2017. There had been several other cases of arbitrary detention and unjustified interference in peaceful demonstrations in Algeria in 2017, including the arrest in a hotel in Tizi Ouzou of the leaders of the SNATEGS of Sonelgaz, including the President, Mellal Raouf, the Secretary-General, Kouafi Abdelkader, the Director of Communications, Chaouki Fortas, and two members of the executive board, Mekki Mohammed and Baali Smail. In March 2017, the police had repressed a peaceful demonstration organized by the same union, with the arrest of 240 workers, including 30 women. It was essential for Algeria to implement in the very near future the various legislative reforms that had been requested for years. The victims of such inaction were the thousands of Algerian workers who were the victims of abuse and the denial of the fundamental right to organize. This was an extremely serious case that the ILO should continue to follow. The Worker members urged the Government to amend the legislation, immediately recognize all legitimate unions, and reinstate all workers who had been unlawfully dismissed for their trade union activities.

The Employer members considered that this was a case of extremely slow progress, rather than that of a deliberate breach, and recalled that it concerned the following three issues. First, since 2011, acts of violence had been alleged on a number of occasions. In this respect, the most recent allegations related to the arrest in February 2016 of trade union members and acts of violence by the police against protest action in the education sector. However, due in part to the fact that in the various interventions made over the years, these allegations had been made by persons from countries other than Algeria, this was not an easy situation for the Committee to supervise. The lack of direct allegations by Algerian nationals, coupled with the Government’s indication that no complaints had been made to the competent authorities regarding these matters, made it difficult to do more than simply acknowledge the allegations. Had the Algerian workers lodged the complaints, the Employer members expected that these would have been investigated. Thus, before drawing conclusions, it was necessary to have a balanced set of facts and detailed information on the action taken by the Government, or the lack thereof. Second, regarding the Committee’s previous request to undertake consultations with the representative employers’ and workers’ organizations in order to take their views into account in drafting the Labour Code, a number of consultations had taken place. In 2016, a copy of the draft Code had been submitted to the ILO for comments and, as a consequence, a number of suggestions to improve it had been made. Before and since, numerous tripartite and bipartite meetings had been held to discuss the Code and related issues. In January 2017, copies of the draft, including amendments suggested by the ILO, had been provided to employers’ organizations and unions for comments and further suggestions for change. A final draft was in preparation and was expected to be submitted to Parliament once finalized. Algeria was not reluctant to engage in discussions with the social partners and had an active record of tripartite engagement on a range of issues at the national, industry and enterprise levels. These included the signing of the National Economic and Social Growth Pact and of a number of collective agreements and accords. In so far as the Labour Code was concerned, this was a case of progress, although a slow one, and the Government was encouraged to bring it to a conclusion as soon as possible, taking into account the 2016 direct request in which the Committee of Experts identified a number of restrictive provisions. Third, regarding restrictions on the right to establish trade unions and the right of workers to establish and join organizations of their own choosing, section 6 of Act No. 90-14 of 2 June 1990 restricted the right to establish a trade union organization to persons who were originally of Algerian nationality or who had acquired Algerian nationality at least ten years earlier, and sections 2 and 4 of that Act, read jointly, had the effect of restricting the establishment of federations and confederations in an occupation, branch or sector of activity. The Committee had previously noted the Government’s indication that the Act was to be amended to extend the right to establish trade unions to foreign nationals and to include a definition of federations and confederations. Given the Government’s stated willingness to make these changes, and in the absence of information on any new developments in this regard, the Employer members called on the Government to amend sections 4 and 6 of the Act as soon as possible. In addition, with respect to the concerns previously expressed over the long delays in the registration of the Higher Education Teachers’ Union (SESS), the National Autonomous Union of Postal Workers (SNAP) and the Autonomous General Confederation of Algerian Workers (CGATA), the Employer members noted the Government’s indication that SNAP had been registered, that the authorities had informed the SESS of certain requirements that must be resolved for its application to be in conformity with the law, and that the CGATA had been informed in 2015 that it did not meet the legal requirements for the establishment of a confederation. Regarding the latter, it was not clear which requirements were not fulfilled. They thus urged the Government to provide information in this respect and to take all the necessary measures to guarantee the prompt registration of trade unions which had met the requirements set out by the law and, if necessary, to require the competent authorities to ensure that the organizations in question were duly informed of the additional requirements that had to be met.

The Worker member of Algeria considered that deceptive strategies were sometimes used to exert pressure on workers for purposes other than the legitimate defence of their interests. Experience had shown that trade unionism which reflected the will of the workers must not be hindered. Respect for fundamental labour principles in an objective context, free from any negative influence, was an essential prerequisite for social progress. If that were not so, trade unionism would lose all credibility among workers. She emphasized the importance of genuine social dialogue and true representation in accordance with ILO criteria. Her organization, the UGTA, had long-standing experience which it had shared with other trade unions on many occasions.

The Employer member of Algeria emphasized that the ratification of Convention No. 87 and the other fundamental ILO Conventions, as well as the enactment of labour legislation in 1990, had permitted the registration of more than 102 trade unions. Since 1990, a sustained social dialogue had paved the way for the realization of an Economic and Social Pact in 2006, which had been renewed in 2010, and a National Economic and Social Pact for Growth in 2014. An enterprise development agreement between employers’ organizations and the UGTA had been sent to the ILO in July 2016. The preliminary draft Labour Code, debated at length by the employers, had been passed to the ACT/EMP for recommendations and proposals. The comments of the employers had recently been communicated to the Government. Regarding social dialogue, the initiatives undertaken by the Algerian authorities represented significant progress which deserved support and encouragement.

The Government member of Mauritania noted that Algeria had made considerable efforts to translate Convention No. 87 into reality, based on the conviction that freedom was a powerful engine, which was not surprising in a country of a million martyrs who paid the highest price for the achievement of this goal. Algeria was a country in which 102 trade union organizations conducted their work in freedom and, side by side with the Government, promote social dialogue at all levels. Trade unions could register safely and there were no conditions for the conduct of trade union activities, other than compliance with the basic legal and regulatory framework. With regard to social dialogue, he referred to the activities organized by Algeria for the benefit of African countries in the framework of the South–South cooperation initiative financed by Algeria. The example set by the country in this regard was highly valued by Mauritania. The dynamics of social dialogue at the national, sectoral and institutional levels had brought positive results.

An observer representing the International Trade Union Confederation (ITUC) said that he wished to summarize the follow-up to the three recommendations made in 2015 by the Conference Committee. The applications for registration submitted by trade unions were still being processed by the authorities, which exercised broad discretionary power, and nothing had really changed. Not only had there been no reinstatements, but dismissals had continued in all sectors. With regard to the SESS, despite filing two applications for registration in 2012, and even a change in the by-laws of the trade union, no reply had been received from the Government. The case of the CGATA, which concerned the right to organize, no progress had been made for ten years, despite the complaints submitted to the Committee on Freedom of Association, the various follow-up reports and the reports of the Committee of Experts. The CGATA needed to report the content of the new draft Labour Code, to draw the attention of the Committee on Freedom of Association and the Committee of Experts to it. Lastly, the case involving SNATEGS had taken on a new dimension as, although SNATEGS had obtained registration in 2013 after several years, and following a complaint submitted to the Committee on Freedom of Association, two successive trade union leaders had been unfairly dismissed by their employer, which had always refused to recognize SNATEGS in writing, despite its official registration and the various appeals made. He indicated that the Minister of Labour had recently decided to withdraw the registration of SNATEGS.

The Government member of Cuba indicated that the stimulation of labour relations governed by labour laws had encouraged the establishment of 102 workers’ and employers’ organizations. According to the information provided by the Government, social dialogue was developing on three levels – national, industry and enterprise – which had resulted in the participation of the social partners and the negotiation of collective agreements. In addition, the ILO had made observations on the draft bill to issue the Labour Code, which were being considered by the Government. The spirit of cooperation and willingness demonstrated by the Algerian Government should be duly taken into account by the Committee.

The Government member of the Bolivarian Republic of Venezuela emphasized the information provided by the Government of Algeria in relation to the creation of 102 organizations of workers and employers; the conclusion of a large number of collective agreements at the industry and enterprise levels; and the holding of 20 tripartite meetings between the Government, employers and the UGTA. Between 2006 and 2015, social dialogue had led to the signing of various national agreements in the economic, social and education sectors, as well as to stability and development in the private sector. The draft bill to issue the Labour Code had been discussed with the trade unions in January 2017 and took into account the observations made by the ILO. Once approved by the trade unions, the draft bill would be submitted to Parliament for adoption. He urged the Conference Committee to take into account the Government’s efforts and positive attitude, as shown by the explanations and arguments it had provided, and trusted that the Committee’s conclusions following the discussion would be objective and balanced. This would help the Government to consider and assess them in the context of its compliance with the Convention.

The Employer member of Mauritania noted that the improvement in the trade union environment, following the enactment of labour laws in 1990, had given rise to trade union pluralism, as shown by the existence of dozens of employers’ and workers’ organizations. Trade unions merely had to comply with the legislative provisions to obtain registration and become operative immediately. The high number of collective agreements registered at the national level reflected the positive outcome of social dialogue. The draft bill to issue the Labour Code, which had been developed in consultation with the social partners and the ILO, was in the process of being submitted to the Government and adopted by Parliament. Given the remarkable progress made, the request for Algeria to provide information on its failure to give effect to the Convention should be reconsidered.

The Government member of Guinea noted the political will of the Government to respect ILO standards, as demonstrated by the ratification of 60 Conventions, including the eight fundamental Conventions, which were incorporated into national legislation, and the adoption of a legal framework which was in conformity with the international instruments on freedom of association, trade union pluralism and the right to strike. The Algerian Government should therefore be encouraged to continue its contacts with the ILO in order to benefit from its technical assistance.

The Worker member of Spain, speaking on behalf of the Trade Union Confederation of Workers’ Commissions (CCOO, Spain), UGT, CIG and ELA (Spain), CGT and CFDT (France), the Italian General Confederation of Labour (CGIL), the Italian Confederation of Workers’ Trade Unions (CISL), Italian Union of Labour (UIL, Italy), the Norwegian Confederation of Trade Unions (LO-N, Norway), the Trades Union Congress (TUC, United Kingdom) and the German Confederation of Trade Unions (DGB) and the Swiss Federation of Trade Unions (USS, Switzerland), referred to various cases involving the registration of trade unions in Algeria. For example, the Autonomous Union of Attorneys in Algeria (SAAVA) had filed its application for registration on 8 September 2015, but had still received no reply from the Ministry of Labour, Employment and Social Security, despite a reminder having been sent to the authorities on 24 March 2016. Another example was that of the SESS which, as well as being refused registration, had been the subject of a police investigation against all its founder members, who had been summonsed by telephone or in writing, an illegal procedure intended to put pressure on the founders of the SESS and try to find weak points that the authorities could exploit for the possible cloning of the organization. Report No. 367 of the Committee on Freedom of Association of March 2013, showed that no progress had been made, that there was bad faith and that the Government was refusing to follow the recommendations of the Committee on Freedom of Association. The same could be seen from the observations of the Committee of Experts in 2015 and 2016. As for the CGATA, its by-laws had been drafted by experts from ACTRAV and the ITUC to comply perfectly with the law and with the Conventions that the country had ratified. Nevertheless, the Ministry of Labour had failed to register various trade union organizations, such as the National Autonomous Union of Algerian Workers (SNATA), in September 2000, and the Algerian Confederation of Autonomous Trade Unions (CASA), in April 2001. The examination of complaints by the Committee on Freedom of Association, together with follow-up reports, and examination of the application of Convention No. 87 by the Committee of Experts and the Conference Committee, showed that no progress had been made. Concerning SNAPAP, following its refusal to take a stance on the election of the President of the Republic in 1998, the authorities had decided to punish it. The first means of punishment had been to create another SNAPAP, headed by a Member of Parliament. The authorities had tried all possible strategies to present it as a legitimate trade union, granting it new registration and financial resources and requesting administrations at all levels not to work with any other union. The complaint to the Committee on Freedom of Association contained the evidence for all those points. Finally, the Worker member of Spain recalled that in 2016, the Algerian authorities had refused access to its territory of an ITUC delegation, without giving any reasons to date for such a refusal.

The Government member of Chad observed that the trade union situation in Algeria was highly conducive to the establishment of trade unions as there was only one requirement for their registration, namely conformity with the legislation governing the exercise of the right to organize. Trade union pluralism had progressed as a result of the willingness of the Government to give more space to trade unions and to relax the conditions of legality of their activities. The results of social dialogue which reached all levels were tangible. The Government had turned social dialogue into an instrument for peace and stability, as shown by the conclusion of the agreements necessary for the socio-economic development of the country. The approach adopted by the Government to the working and living conditions of workers and their families was based on seeking consensus with the social partners. The Government had made sufficient efforts to comply with the Convention, and should therefore be encouraged and given time to complete the ongoing projects and reforms.

An observer representing IndustriALL Global Union expressed grave concern at the severe violation of trade union rights experienced by SNATEGS. In December 2016, the SNATEGS President, Raouf Mellal, had been sentenced in absentia to six months in prison after being accused of illegally obtaining documents. These documents, which were freely available on the Internet, exposed the inflation of electricity bills by the state-owned energy company, Sonelgaz, over a ten-year period, affecting 8 million customers. However, instead of being commended for uncovering corruption, he was being persecuted. An appeal against his sentence, examined in May 2017, had been unsuccessful. Since the beginning of 2017, SNATEGS had staged a series of strikes across Algeria to demand higher wages, trade union freedoms and better safety standards after numerous deaths of workers on electricity lines at the company. In retaliation to the successful strikes, 93 union leaders had been fired and a further 663 SNATEGS members were facing legal action. On 16 May 2017, just days before a planned five-day strike, the Minister of Labour had withdrawn SNATEGS’ registration and dismissed Mr Mellal, in violation of the national law, Convention No. 87 and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), ratified by Algeria in 1962. SNATEGS leaders and members faced ongoing physical harassment and persecution by the security forces for carrying out their legitimate union activities and exercising their right to strike. In March 2017, more than 240 trade union leaders and members had been arrested and 30 women physically assaulted following peaceful demonstrations. The situation was critical. She called on the Government to drop all charges against Mr Mellal and other SNATEGS members, reinstate 93 union members and reverse immediately the decision to withdraw SNATEGS registration.

The Government member of Madagascar said that the application of standards was a fundamental pillar of the Organization. The fact that 102 trade unions had been registered in Algeria showed that the necessary procedures existed. This high figure reflected the freedom accorded to workers. Legislation existed and those organizations were governed by their by-laws and had signed more than 3,000 collective agreements. The question should be posed of how the workers had gone about concluding these agreements and the percentage of employees covered by them. The recent signing of pacts and charters for economic and social development following consultations organized between the relevant entities in Algeria bore witness to the openness of the authorities to dialogue. The draft Labour Code that was being drawn up was the product of a participatory approach and was benefiting from ILO expertise. The result would encourage mutual trust among the parties and improve the social, economic and labour policy environment. He was sure that, with this national legislation, supported by permanent supervision and monitoring procedures, Algeria would be able to comply with the Convention. He encouraged the Government to pursue its efforts to implement the national legislation effectively and to set up a monitoring and evaluation mechanism with appropriate indicators, in addition to providing the Committee of Experts with the necessary information.

The Worker member of Sudan stated that there were over 100 trade unions in Algeria, that national laws and regulations enabled trade unions to play an important role and that the wide external relations of Algerian trade unions enabled them to lead the trade union movement at both the regional and international levels. He pointed out that Algeria had undertaken to implement the provisions of the Convention and expressed the hope that the Government would avail itself of ILO technical assistance in this respect.

The Government member of Turkey appreciated the concrete and positive steps taken by the Government. These included the signing of the National Economic and Social Growth Pact, the Ethics Charter in the Education Sector and the Pact for Stability. The measures taken to enrich social dialogue, which had led to the conclusion of a number of collective accords and agreements, were indicators of the Government’s willingness and commitment to further improve the situation of trade union rights in the country. The efforts to enact the Labour Code by taking the views of the stakeholders into consideration should also be commended. He encouraged the Government to increase its efforts to improve working life and protect trade union rights, and to continue working closely with the ILO in this respect.

The Worker member of Mali, Secretary-General of the National Workers’ Union of Mali (UNTM), recalling that failure to respect freedoms hindered development, noted that the Government was open to the free expression of ideas, which was essential for the effective recognition of freedom of association. The Government was therefore encouraged to respect the letter of the Convention and ensure the exercise by everyone of the right to organize. The draft bill issuing the Labour Code was an important instrument for good governance and its submission to the social partners and the ILO was an encouraging step towards meeting the expectations of the parties concerned. He indicated that the consultation process must continue and observed that the Government had undertaken, through the National Economic and Social Pact, to promote an institutional framework for strengthening dialogue and consultation in all areas.

The Government member of Libya welcomed the Government’s commitment to apply the Convention in practice. Indeed, as indicated by the Government, social dialogue exists at all levels. The draft Labour Code had been discussed with the economic partners, administrative authorities and trade union organizations. The social partners had been included in the dialogue, and this had resulted in the signing of several agreements, as shown by the meeting held in January 2017 between the Minister of Labour and independent trade union organizations. He was thus surprised that Algeria had been placed on the list of cases before this Conference Committee.

An observer representing the International Trade Union Confederation (ITUC) made reference to the use of extrajudicial police violence to undermine the legitimate right to freedom of association of independent trade unions, and the prohibition of peaceful demonstrations. In October 2015, police officers had entered the University of Tiaret to arrest SNAPAP representative Ahmed Mansri, who had been released the following day. In October 2016, a demonstration held in the town of Bouira had been violently suppressed, 75 people had been taken to police stations in the town and detained there for an entire morning. In February 2016, the SNAPAP–CGATA headquarters had been surrounded, and several trade unionists had been detained for several hours. Furthermore, a march by contractual teachers, which had begun in the town of Bejaia in March 2016, had been blocked for 15 days by large numbers of police at the gates of Algiers, before the removal of the participants during the night by law enforcement officers. In May 2017, the SNAPAP–CGATA headquarters in Oran had been surrounded in order to prevent a peaceful assembly organized by CGATA.

The Government member of Egypt indicated that the Government had demonstrated its efforts to ensure trade union pluralism existed and that the numbers of registered trade unions in the country exceeded 100. He welcomed the social dialogue approach adopted by the Government within the framework of the National Economic and Social Growth Pact, which had been adopted by the social partners as an equitable and successful basis for industrial relations. Noting the Government’s will to bring the national regulations into conformity with the Convention, he encouraged it to deploy further efforts in this regard, possibly with ILO technical assistance.

The Worker member of the United States, speaking on behalf of the American Federation of Labor and Congress of Industrial Organizations (AFL–CIO) and the Canadian Labour Congress (CLC), highlighted that serious restrictions on unions’ right to freedom of assembly were imposed in the country and that, while the state of emergency had been lifted in 2011, the ban on public protest remained in place. In addition to the ban, authorities relied on a number of penal provisions to criminalize peaceful assembly: (i) section 97 of the Penal Code prohibited unarmed gatherings deemed to have the potential to disturb public order – a violation of this provision was punishable by up to three years in prison; (ii) section 98 punished organizing or participating in an unauthorized demonstration by up to one year in prison; (iii) section 100 prohibited “incitement to an unarmed gathering”; and (iv) Act No. 91-19 required Algerians to notify the authorities before holding a public meeting or demonstration, which in practice meant that protestors must obtain prior authorizations, which were then regularly denied. The authorities were also resorting to the courts to silence dissent, particularly in the case of strikes. In addition to the criminalization of peaceful assembly, section 24 of the Labour Code required unions to fulfil a number of requirements before they could strike, and even when these requirements were met, strikers were often dismissed from their jobs and faced criminal prosecution. Despite the fact that Article 49 of the Constitution guaranteed the right to peaceful assembly, strikes and political demonstrations were still routinely met with police violence and repression. This had been the case with a peaceful demonstration of thousands of SNATEGS members who had marched in March 2017 for decent wages and the right to freedom of assembly, and which had ended with the arrest of 240 participants and the physical assault of 30 women. The AFL–CIO and the CLC shared the deep concern expressed by the UN Special Rapporteur in a 2013 report, as well as by Amnesty International and Human Rights Watch, with respect to the country’s continuing and serious violations of the Convention.

The Government member of Ghana noted that the Government of Algeria had put in place structures and committed efforts, guided by the Committee of Experts, to achieve the goal of fully meeting the requirements of the Convention through the interplay of demand and supply of labour and a cordial relationship between employers and employees. This journey could not be achieved without the commitment of time, money and human capital to obtain optimum results. The Government of Algeria was in the process of achieving this feat through the enactment of laws that would guarantee trade union pluralism and the formation of workers’ organizations. It had also instituted social dialogue and good governance through consultation for the drafting of the Labour Code, which was currently under consideration. Major issues in the draft bill were the outcome of consultation with the economic partners, various administrative authorities and trade unions, with much ILO involvement. The Government should therefore be encouraged to intensify this engagement with its social partners and the ILO in order to bring this laudable aspiration to fruition.

The Government member of Senegal welcomed the replies provided by the Government to the concerns raised by the Committee of Experts in its latest observation, and the measures taken since the adoption of the labour legislation in 1990. These laws had resulted in: the establishment of 102 employers’ and workers’ organizations; the maintenance of social dialogue, as shown by the bipartite and tripartite consultations held; the negotiation of collective agreements and branch agreements; the signature of many pacts; and inclusive dialogue which had led to the formulation of the new legislation, and demonstrated the Government’s commitment to bringing it into conformity with ILO standards. The social partners should be encouraged to continue their efforts with a view to achieving compliance with ILO standards, while bearing in mind that decent work could only be achieved through social dialogue and respect for freedom of association.

An observer representing Public Services International (PSI) emphasized that the case had been examined by the Committee of Experts almost every year for the past 15 years and by the Conference Committee in 2014 and 2015. On those occasions, the Government had reiterated that labour laws and regulations were based on the principles enshrined in ILO Conventions; that the social partners were represented in all sectors of activity at the regional level; and that trade union registration met legal requirements, based on simple procedures and with no restrictions. However, the examination of the case by the Conference Committee revealed the opposite. The complaints presented to the Committee on Freedom of Association documented anti-union dismissals, acts of harassment by the public authorities, and the arbitrary arrest and detention of trade unionists belonging to independent workers’ organizations that did not follow the government line. The Government had vented its ire on various members of SNAPAP, affiliated to PSI, and on members of the CGATA, and to date, had failed to register them as trade unions. Rachid Malaoui, President of the CGATA, had been dismissed in 2013. On 16 January 2017, the ambassador of Algeria in Brussels had written a letter to the ITUC indicating that Mr Malaoui was accused of trying to provoke civil insurrection. While it was flattering to hear that the Government thought a trade unionist could have such influence, it was clear that this was not the case, and that it was merely another excuse to refuse the CGATA registration. Other trade unionists had recently been dismissed for their union activities, including Hasan Fouad, in charge of migration and refugees at CGATA, in December 2016, and Naser Kaca, head of the higher education section of CGATA in the city of Bejaia, on 26 April 2017. Other members had been suspended, demoted or punished with pay deductions. That was the case, for example, of Yahia Habib and Arab Haddak, heads of the higher education sections of CGATA–SNAPAP in the cities of Tiaret and Bejaia. Hassina Bensaid, of the municipal chapter of SNAPAP–CGATA in the city of Bejaia, had been transferred nine times in a single year. Furthermore, her continued trade union activities had led to her being threatened with a firearm by the President of the city council. In addition, Nadia Bedri, of the SNAPAP–CGATA chapter of the National Water Resources Agency, had been obliged to undergo psychiatric assessment after having complained of sexual harassment. The Government had not given heed to all the recommendations of the Committee of Experts and the Committee on Freedom of Association, or the conclusions of the Conference Committee in 2014 and 2015. The Committee should fervently condemn such practices and urge the Government to bring its legislation into line with the Convention and respect its principles.

The Government member of the Islamic Republic of Iran welcomed the measures taken by the Government to reinforce trade union pluralism and, in this respect, took note of the statistics provided on the creation of workers’ and employers’ organizations in the country. With regard to social dialogue, 20 tripartite meetings and 14 bipartite meetings had been held at the national level, which had yielded a number of pacts between the Government and the social partners. The draft Labour Code had been discussed with trade unions, economic partners and the concerned administrative authorities. These efforts demonstrated the willingness and commitment of the Government to make progress in this case. While supporting those measures, he encouraged the Government to continue making efforts, and called on the Office to provide the necessary technical assistance.

The Government member of Qatar thanked the Government for providing detailed information which highlighted the measures adopted to apply the Convention. He commended Algeria on the efforts deployed to engage in social dialogue, and hold consultations with the social and economic partners, which had resulted in the signing of several national and sectoral agreements.

The Government member of Pakistan welcomed the steps taken by the Government to enforce labour standards in the country through legislative and policy measures, and its constructive engagement with the ILO supervisory bodies. He noted that 102 trade unions had been registered in the country, which pointed to the opportunities afforded for social dialogue and freedom of association. The draft Labour Code was being discussed with the social partners and the Government was awaiting the views of all trade unions for a possible enrichment of the Code. He hoped that trade unions would constructively engage in this process, and that their genuine concerns would be addressed by the Government.

The Government member of Angola welcomed the fact that, following the promulgation of labour legislation in 1990, Algeria had facilitated the implementation of trade union pluralism. Various workers’ and employers’ organizations had been created as a result, in accordance with the legislation in force. Moreover, social dialogue in Algeria was being carried in full respect of tripartism, resulting in the signing of an Economic and Social Growth Pact, which set out a number of objectives for the effective management of the economic and social sectors. Algeria was encouraged to pursue its efforts to strengthen trade union pluralism. The Conference Committee and the Office should support the Government in implementing economic and social reforms aimed at development and social peace.

The Government member of Kenya noted that the current national laws of Algeria had enabled the registration of both employers’ and workers’ organizations, which had as a result grown to over 102 trade unions. This showed that the statutory requirements for trade union registration were aligned with the requirements of the Convention. She also took note of the National Economic and Social Growth Pact signed between the Government and the economic and social partners in order to strengthen dialogue and enhance consultation, and the fact that it was being regularly and periodically renewed. Finally, she noted that there had been an increase in the number of collective bargaining agreements signed over the years. She concluded that the process of changing laws and institutional restructuring did take time and consequently, that the Government should be given more time and ILO technical assistance to enhance compliance with the Convention.

The Government member of Bangladesh welcomed the progress made by the Government in enforcing existing labour laws and regulations and promoting social dialogue at all levels, as well as the ongoing engagement of the Government with the social partners and the ILO in drafting the Labour Code. He encouraged the ILO to continue providing technical assistance to Algeria to complete the ongoing reforms and to improve the institutional capacity of the regulatory mechanisms.

The Government member of Sudan expressed his appreciation at the great efforts made by the Government in social dialogue, as well as in the formulation of national labour regulations. He highlighted that social dialogue gave legitimacy to all measures carried out by the Government, which would grant the social partners the right to freedom of association without any conditions, except those specified by law. He encouraged the Government to continue its efforts on social dialogue, and commended it for requesting ILO technical assistance with respect to the Labour Code.

The Government member of Lebanon welcomed the information supplied by the Government on the application of the Convention in response to the comments of the Committee of Experts, and on the draft Labour Code, the provisions of which were in conformity with international labour standards, and particularly Convention No. 87. She encouraged the social partners to continue the existing social dialogue, seeking ILO technical assistance, where appropriate.

The Government member of Zimbabwe took good note of the comprehensive legislation which existed in Algeria, as well as the Government’s commitment to dialogue, which had been echoed by the Employer member of the country. She shared the concerns raised by the Government representative concerning the criteria for the listing of cases to be discussed in the Committee. Both the Government representative and the Employer member of Algeria had confirmed the existence of a mechanism of social dialogue, as shown by numerous meetings convened both at the tripartite and bipartite levels. The outcome of these meetings had been social and economic pacts which had been beneficial to the labour market in Algeria, which was highly commendable. Social dialogue could neither be rushed nor fast tracked if it was to achieve its desired goals. The Committee should give due regard to the willingness of the Government of Algeria to engage in dialogue with the social partners, and the tripartite partners should be encouraged to continue working together to come up with home-grown solutions to the challenges that they faced as a country. This was a case of good progress, and the Office should continue to offer technical support in order to strengthen ongoing initiatives to promote social justice in the Algerian labour market.

The Government representative emphasized that, despite the support of most speakers from all three groups, four or five had levelled accusations at his Government which required a reply. Dialogue and respect needed to be reciprocal, and it was important not to deviate from the major principles advocated by the ILO in this respect. Algeria had re-established and preserved its stability at the cost of enormous sacrifices. Such stability was beneficial and its impact was being felt throughout the African region and the Mediterranean. The Second Session of the Specialized Technical Committee on Social Development, Labour and Employment of the African Union, held in Algiers about two months ago, had offered an opportunity for the tripartite African delegations present to see the reality of social dialogue in Algeria, where there were no restrictions, threats or obstacles. He referred to two examples. In the case of SNAPAP, the communications sent to the ILO in 2014 and 2015 had been clear and precise. At that time, there had been a problem relating to the situation of the union, but the courts had decided that there was only one SNAPAP, not two. SNAPAP was led by Mr Felfour, and the persons mentioned in the interventions were not concerned by this issue. SNAPAP had worked with the administration, obtained official documents and held the statutory general assemblies. With regard to SNATEGS, at the request of PSI, a meeting had been held between the Deputy General Secretary of PSI and the Government two days earlier in the ILO. The discussion had been frank and friendly, but there still appeared to be issues concerning an alleged dissolution. SNATEGS was a registered and active union led by Mr Boukhaly. It had been indicated to the Deputy General Secretary of PSI that the person mentioned in the earlier interventions was not the President. That person had worked as a lawyer since 2016, and could not therefore defend the interests of the workers where he was not working. The person concerned was respected as an Algerian citizen, but was not the Secretary-General of SNATEGS. The Ministry of Labour, Employment and Social Security was aware of the registration and dissolution procedures. If an issue relating to dissolution arose, it would follow the official procedures, but if contradictory information was disseminated, people would be led into error. With reference to the Labour Code, the process might appear slow, but it was important to draft a text that would stand the test of time, and was adapted to the real situation. The Government was currently engaged in dialogue with all the social partners. Algeria had an arsenal of laws and regulations and was adapting and improving the Labour Code and its national legislation to bring it into conformity with certain trends in the economy and enterprises. In conclusion, he said that it was important to avoid false debates and gratuitous accusations which could be prejudicial to the Committee. Algeria was working transparently with all the institutions, as dialogue and consultation between the parties were the basis for the national legislation.

The Employer members thanked the Government and the Committee members for their interventions, which had helped to clarify certain issues and facilitate a greater understanding of the situation in the country. The Government had provided much information on the law and practice in Algeria, including on the social dialogue processes at several levels and had indicated its readiness to meet the parties concerned in order to address the concerns raised during the discussion. While the Government seemed to be addressing the issues in practice, the vehicle for improved social dialogue was, above all, the draft Labour Code that had been under preparation for a number of years, but had yet not been adopted. Even though it was understandable that such a process might be lengthy, its duration should remain within reasonable limits. Consequently, the Employer members encouraged the Government to complete the work it had started in relation to the Labour Code. Also, recalling that Employer members generally did not condone the use of violence, and that they would have liked to have the benefit of more detailed information on the reasons for the Government’s actions, they encouraged the Government to provide such information to the Committee of Experts in order to allow for an appropriate examination of this case.

The Worker members expressed concern at the systematic violations of the right to freedom of association in Algeria, and sincerely hoped that the selection of this case would lead to substantive changes in the lives of trade unionists who were facing unlawful dismissal, arbitrary detention and violent interference by the police in peaceful demonstrations. The Government needed to restore justice for women and men who were engaged in ceaseless combat, often at the peril of their lives and freedom, for the establishment of an independent trade union movement. The question that needed to be answered was how it would be possible to lay the basis for a democratic State without the recognition of such a fundamental principle as the right to organize and to join associations freely. The reply could not be simpler: it would not be possible. The right to freedom of association was the very foundation of any democratic society. By refusing to register and recognize independent trade unions, the Algerian Government was indicating a clear preference for an authoritarian approach. The Committee on Freedom of Association, the Committee of Experts and the Committee on the Application of Standards had on many occasions called on the Government to take all the necessary measures as rapidly as possible to guarantee the registration of trade unions which met the conditions set out by law. Sadly, those calls had been ignored, and for over ten years, the Government had been failing to react to the reiterated calls to make fundamental changes to Act No. 90-14. Algeria was continuing to fly in the face of the workers’ rights guaranteed by the Convention, contrary to the international obligations that it had assumed. The members of the Committee had the responsibility to ensure full compliance with the rights guaranteed by the Convention and to adopt a firm position, even with governments which seemed to accord them little importance. The Government needed to take measures without further ado for the implementation of the recommendations of the ILO supervisory machinery concerning freedom of association. Reforms needed to be launched in dialogue with the social partners. In particular, the President of CGATA, Rachid Malaoui, and the President of SNATEGS, Raouf Mellal, who had been sentenced to six months’ imprisonment for his trade union militancy, should be reinstated. The Government should immediately register independent trade unions, and particularly CGATA and SAAVA, and reverse the Ministerial Decision of 16 May 2017 to withdraw the registration receipt of SNATEGS. These urgent measures were a first essential step to bring Algeria back onto the right track. The Worker members urged the Government to accept a high-level mission before the next session of the Conference.

Conclusions

The Committee took note of the oral statements made by the Government representative and the discussion that followed.

The Committee expressed serious concern over the persistence of restrictions on the right of workers to join and establish trade union organizations, federations and confederations of their own choosing. The Committee noted with concern that progress towards compliance with Convention No. 87 remained unacceptably slow as this case has been discussed for more than a decade and that the Government had yet to bring the draft Labour Code to Parliament for it to be finally passed. The Committee regretted that the Government did not satisfactorily respond to the Committee’s 2015 conclusions.

Taking into account the discussion, the Committee called upon the Government of Algeria, without delay, to:

- ensure that the registration of trade unions in law and in practice conforms with Convention No. 87;

- process pending applications for the registration of trade unions which have met the requirements set out by law and notify the Committee of Experts of the results in this regard;

- ensure that the new draft Labour Code is in compliance with Convention No. 87;

- amend section 4 of Act. No. 90-14 in order to remove obstacles to the establishment by workers’ organizations, federations, and confederations of their own choosing, irrespective of the sector to which they belong;

- amend section 6 of Act No. 90-14 in order to recognize the right of all workers, without distinction on the basis of nationality, to establish trade unions;

- ensure that freedom of association can be exercised in a climate free of intimidation and without violence against workers, trade unions or employers;

- reinstate employees of the Government, terminated based on anti-union discrimination.

The Government should accept an ILO direct contacts mission before the next International Labour Conference and report progress to the Committee of Experts before its November 2017 session.

The Government representative underlined that the conclusions should reflect the discussions which had taken place within the Committee. Out of 32 interventions by Worker, Employer or Government members, 26 had supported the action taken by Algeria. On this basis, the question of a direct contacts mission should not have been raised. Underlining that these conclusions did not reflect the reactions of Committee members nor the reality of freedom of association in his country, he asked that they be withdrawn. He also indicated that some of the allegations made by the Worker members were false and devoid of any substance. While the SNATEGS had been registered and pursued its activities normally, it had been alleged that it had been dissolved. Concerning the draft Labour Code, contrary to what had been indicated, the legislative procedure followed its course and consultations with the social partners had been initiated. A new draft text had been sent to the ILO. The Government had given sufficient information on the Algerian trade union context. Finally, concerning the personal case of Mr Mellal, the Government representative indicated that he was a lawyer and not a worker at Sonelgaz. Recalling that Algeria was a democratic country, the Government representative reiterated his request that the conclusions which had just been adopted be revised.

Individual Case (CAS) - Discussion: 2015, Publication: 104th ILC session (2015)



A Government representative recalled that, by ratifying 59 ILO Conventions, Algeria had clearly demonstrated its will to use international labour standards for its economic and social development. Algerian labour laws and regulations were based on the principles set forth in those Conventions and the national Constitution. Trade union rights were guaranteed, and the social partners were represented in all sectors of activity at the national level. The registration of trade unions took place in accordance with the law, through simple formalities without constraints. As a result, 95 workers’ and employers’ organizations, in both the public and private sectors, had been registered, including nine over the previous two years. The national legislation had also created an environment that was conducive to collective bargaining and enabled the economic and social partners to standardize social and labour relations. The Algerian experience of social dialogue, as presented to the ILO Governing Body, had received favourable feedback and encouragement. A draft Labour Code had been forwarded to the social partners for their opinion, and to the ILO. The policy adopted was therefore clear and all the procedures had been followed in a context of total transparency. The drafting or amendment of a Labour Code was a process that might appear long, but it had to respect the various stages of consultation and exchange to achieve consensus between the parties. The ILO was aware of the stages embarked on for the reform of the Labour Code, which had been the subject of a tripartite meeting in July 2014, and it had recently made recommendations on the draft text. A programme of work had been drawn up together with all the parties, which was being followed methodically and without any pressure. He pointed out that the report of the Committee of Experts contained some inaccurate information. The Algerian Government had no problem with the National Autonomous Union of Public Administration Personnel (SNAPAP), nor with the Autonomous National Union of Secondary and Technical Teachers (SNAPEST), the leadership of which had been confirmed by court decisions that had to be respected by everyone. Algeria was a State of law and open to social dialogue. An economic and social pact concluded in 2006 between the Government and the economic and social partners had been renewed in 2010. Another economic and social growth pact had been concluded in February 2014. The allegations were therefore unacceptable since they were merely a repetition of part of what had been asserted in June 2014, whereas explanations had been provided demonstrating compliance with the Convention. The Committee should ensure that the allegations made were well founded, as Algeria was setting an example in terms of consultation and negotiation, as recognized by various ILO departments after on-site visits to Algeria. In conclusion, every effort would be made with the aim of developing dialogue between the partners, in compliance with the decisions taken by the competent jurisdictions and in conformity with the laws and regulations in order to preserve the rights of the parties without any interference.

The Worker members recalled that the Committee on the Application of Standards had discussed the case in 2014, specifically with regard to the points concerning Articles 2 and 5 of the Convention, which dealt with the right to establish trade unions and the right of workers to establish and join organizations of their own choosing. Since the same criticisms had been made for over ten years, it had been hoped that the Government would amend national law and practice and would report back on the steps it had taken with respect to freedom of association. The report of the Committee of Experts’ in 2015 proved that the Government had not responded to the constructive comments made by the Conference Committee in 2014. While the Government had stated that it was ready to improve its labour legislation, it was evident that there had been no change. The Committee of Experts had again requested the amendment of section 6 of Act No. 90-14 of 2 June 1990 without delay to grant all workers, without distinction as to nationality, the right to establish a trade union. It had also requested, as part of the ongoing legislative reform, the Government to take steps to amend section 4 of Act No. 90-14 without any further delay, to remove any obstacles preventing workers’ organizations, irrespective of the sector to which they belonged, from establishing federations and confederations of their own choosing. In its 374th Report (March 2015), the Committee on Freedom of Association had once again taken up the matter of the registration of certain trade unions in the public sector and had expressed concern at the particularly long delays in registration despite the fact that the organizations concerned had met all of the administrative conditions. It had further recalled that failure to register a trade union prevented it from carrying out its business and that an extremely long registration procedure constituted a serious obstacle to the establishment of organizations, which amounted to a denial of the right of workers to establish organizations without previous authorization.

Freedom of association was a human right. As such, the European Parliament had, on 30 April 2015, adopted a resolution calling on the Algerian authorities to “take appropriate steps to ensure the safety and security of civil society activists and human rights defenders and their freedom to pursue their legitimate and peaceful activities”. The European parliamentarians were thus asking the Algerian authorities to ensure and guarantee the right to freedom of expression and of association. The European Parliament’s resolution, which was the first it had adopted on the country for over a decade, showed how attached the European Union was to democracy and to the trade union rights of workers and employers in Algeria. Since the previous session of the Committee on the Application of Standards, the Government had promised to examine the question of the registration of the Autonomous General Confederation of Algerian Workers (CGATA). And yet in March 2015, without any explanation, the Ministry of Labour had refused to register the Confederation, as well as other trade unions in various sectors. The only initiative that the public authorities had taken had been to continue the harassment of workers. Even now, the Algerian Government persisted in refusing to respond to the accusations of intimidation and threats, including death threats, lodged by the International Trade Union Confederation (ITUC) and by several Algerian trade unions, mostly representing public service employees and teachers. Nor had it responded to the questions raised by the Committee of Experts regarding the conformity of Algerian legislation with ILO standards. The Worker members concluded that the failure of the Algerian Government to take action was unacceptable. Freedom of association enabled workers to group together to negotiate their working conditions effectively. The standards contained in Convention No. 87 applied to all workers “without distinction whatsoever”, and thus covered public employees, which was a fundamental principle.

The Employer members expressed appreciation at the constructive submission by the Government representative, its receptivity to the observations of the Committee of Experts’ and the feedback concerning improvements in implementing the Convention in law and practice, and for its comments on the role of social dialogue with the social partners to improve national labour legislation. They recalled that this was a follow-up to the case examined by the Conference Committee in 2014 and understood that since then the Government had worked on completing a draft Labour Code. The Employer members encouraged the Government to continue the exercise of drafting the new Labour Code in consultation with the social partners. Unfortunately, the Conference Committee did not have a copy of the draft Labour Code and was thus limited in the views it expressed. Nevertheless, the Employer members encouraged the Government to provide detailed information on the new Labour Code to the Committee of Experts so that it could be analysed and considered in respect of the observation. The Employer members were cautiously optimistic about the developments and considered that they contributed progress. They hoped that the new Labour Code would address the issues relating to the trade union organization and establishment under sections 2, 4 and 6 of Act No. 90-14. The Government had indicated the previous year that the new Labour Code would outline the criteria concerning the right of trade unions to establish federations and to join federations of their own choosing, irrespective of the sector and that the question of the nationality of persons requesting the establishment of federations would be examined. In light of the Government’s comments in the present session, as well as the previous year, the Employer members were hopeful that those assurances would prove correct when they reviewed the draft Labour Code.

A Worker member of Algeria recalled that the promulgation of the new Labour Code in Algeria had been one of the demands of the General Union of Algerian Workers (UGTA) since 1995. The Government had submitted to the UGTA in 2014 a copy of the draft Labour Code for comment and consultation. In order to improve it and bring it into line with ILO standards, the UGTA had requested ILO technical assistance, which had resulted in a 30-page document, submitted in April 2015, in which the ILO expressed its appreciation and commented that it represented significant progress in the area of industrial relations. It should be noted that the UGTA had introduced a provision into its statutes granting foreign workers the right to become members and to stand for election. Furthermore, in its belief in the importance of complying with the fundamental Conventions, the UGTA had always acted through social dialogue for the right of workers.

Another Worker member of Algeria said that experiences of freedom of association in Algeria were different than in other countries. The 1999 Constitution had enshrined the principle of the multi-party system. There were 60 parties and 95 trade unions in the country. Requests had been submitted to improve the Labour Code, and a draft Code had been submitted to the ILO. The trade union was working in total freedom and full democracy, without any pressure, as it had since 1999.

The Government member of Egypt expressed appreciation of the efforts made by the Government of Algeria to respect freedom of association. The Government’s statements demonstrated its respect for the rules of social dialogue and that it had given the social partners the opportunity to provide their views. In addition, the ILO had given a positive review of the amendments to the Labour Code. Those measures should be acknowledged.

The Government member of Libya recalled that Algeria had ratified 59 Conventions and had prepared 28 reports, which showed that it was complying with its obligations and with international labour standards. The Committee had discussed the case of Algeria at its previous session and had recommended that the Government amend section 6 of Act No. 90-14 to permit workers to have the right to establish trade unions without discrimination as to nationality. It had requested the Government to provide information concerning any new developments in that respect, which the Government had done. Not only had the Government amended that section, it had adopted a new Code with the participation of the social partners, and had now submitted the Code for their views. That should be acknowledged and the Government encouraged to promulgate as soon as possible the draft Labour Code, which should take into account human rights and international labour standards.

Another Worker member of Algeria, speaking on behalf of the ITUC and the CGATA, reviewed the situation of trade unions in Algeria over the past 20 years. The Government had adopted repressive laws aimed at stifling freedom of expression and suppressing trade union and social movements. A letter sent by the CGATA to the Government of Algeria, prior to the 104th Session of the International Labour Conference, for the purpose of resolving disputes, had not been answered. The Government denied the documented facts and maintained that the new Labour Code would correct existing shortcomings in Algerian law. Nevertheless, not only did the new Labour Code fail to resolve the problems related to the registration of trade unions, but it also added conditions. She provided examples of obstacles to the free exercise of trade union rights, such as the majority of trade unionists being registered by the border control authorities on the instructions of the national security services, issued without any judicial authority. A number of reports by international non-governmental organizations shed light on violations of trade union rights and of fundamental workers’ rights in Algeria.

The Government member of Niger indicated that Niger had followed with interest and appreciated the efforts of the Algerian Government to give effect to the provisions of the Convention. Algeria was engaged in a process of reviewing its labour legislation, particularly the provisions relating to the procedures for the establishment of trade unions, federations and confederations, and the rights of foreign workers to form unions. The Government had also undertaken to take into consideration the comments of the ILO in order to comply with the relevant Conventions. All these factors, which demonstrated the good faith and political will of the Algerian Government, should be encouraged.

The Worker member of Gabon said that, since the establishment in 2006 of the National Federation of Education Workers, which was affiliated to SNAPAP, it had been fighting for the tenure for all contractual teaching staff, and the application of laws and Conventions that protected workers and guaranteed freedom of association. It had also been fighting for the reorganization of the education system at both the human level and in terms of curricula and material conditions. He referred to cases of arrest, harassment and the termination of contracts of precarious teachers, upon the instructions of the President at the beginning of the Arab Spring in 2011, and gave an example of the continuous harassment of women trade union delegates even today. Other socio-professional categories of workers, such as workers recruited as guards, night guardians and cleaners, were also vulnerable. Finally, the Higher Education Teachers’ Union (SESS) had been refused registration.

The Government member of Ghana emphasized that freedom of association was a basic human right and was an essential concern of the ILO, as it was the pillar that formed good industrial relations practice in any country. It should be recalled that the issues relating to Algeria had been raised by the Committee of Experts under section 6 of Act No 90-14. It was encouraging that the draft Labour Code had been developed with inputs from the social partners, and he acknowledged the Government’s initiative in seeking ILO assistance. He appreciated the Government’s development of the new Labour Code with emphasis on addressing the gaps in the previous Act.

The Worker member of the United States, also speaking on behalf of the Worker members of Canada and Brazil, recalled that Algerian trade unionists had been subjected to various forms of intimidation and that many of the incidents that had been previously discussed in the Committee had not been remedied. She highlighted examples of trade unionists in Algeria who had been: arrested during a peaceful protest while exercising the right to freedom of association and who had received an unjustified sentence of one year in prison, including a six–month suspended prison sentence; terminated from their jobs without cause; prohibited from registering the National Autonomous Union of Postal Workers (SNAP) based on the refusal by the Algerian Ministry of Labour and Employment and Social Security; had been victims of attempted assassination; had been arbitrarily suspended from work and thereafter subjected to severe harassment; and refused travel across the Algerian border. She emphasized that the Government often interfered with and prohibited meetings and demonstrations, and provided further examples of trade unionists who had been prevented from receiving guests at their meetings, as they had been detained at the border by the police. For years, the House of Labour, SNAPAP’s headquarters, had been subjected to repeated attacks and harassment. The Government and employers also deterred workers from joining independent trade unions, including the CGATA, SNAPAP and SNAP, and dues for Government-supported unions were deducted from workers’ pay without consulting the workers. Workers were pressured to support those unions and were restricted in their ability to organize in certain sectors and to elect their representatives at the national level. She called on the Algerian Government to undertake serious reform in order to meet its obligation to ensure freedom of association, as required by the Convention.

The Government member of the Bolivarian Republic of Venezuela recalled that, according to the report of the Committee of Experts, the Government of Algeria had been requested to amend Act No. 90-14 in certain respects to bring it into line with the Convention. He took note of the Government’s statement that the Act was being reviewed in the context of the draft Labour Code submitted by the social partners to the ILO, which had examined it and made comments. Bearing in mind the willingness and efforts of the Government of Algeria, the Committee should not ignore the positive aspects evident from the explanations and arguments that the Government had provided. He trusted that the Committee’s conclusions would be objective and balanced, which would certainly result in their being considered and valued by the Government of Algeria.

The Government member of Mali commended the Algerian Government for the information provided and the efforts made to ensure a more effective application of the Convention. He also welcomed the legislative reform that was under way, particularly the revision of Act No. 90-14 on procedures for the exercise of trade union rights, and the social dialogue that accompanied this process. The Committee should take into account the willingness of the Algerian Government to apply the Convention, encourage it in that regard and afford it the necessary technical assistance.

An observer representing the International Trade Union Confederation (ITUC) said that the Government of Algeria chose the representatives of trade unions that supported the authorities. Recalling the contentious political climate, he emphasized that the Government had created a union that was not legitimate and was seizing trade union property and dismissing trade union leaders from work. In solidarity with the SNAP, and on behalf of the International Confederation of Arab Trade Unions and the Democratic Union of Egypt, he called on the Government to stop its harassment of trade unionists.

The Government member of Mozambique welcomed the exhaustive reply given by the Government of Algeria and observed that the Algerian authorities were committed to ensuring that its legislation in conformity with ILO Conventions. He also emphasized that Algeria was one of the five African countries that had ratified the largest number of ILO Conventions; given how long it had been a Member of the ILO, there was no doubting its political will or its efforts to bring its legislation into conformity with the Convention, in consultation with the social partners. The Committee should give Algeria sufficient time to revise its legislation so as to ensure that the final product reflected consensus and contributed to the country’s economic growth.

The Government member of Cuba drew attention to the Government of Algeria’s statement that the observations made in the report of the Committee of Experts were being examined in the context of finalizing the draft Labour Code, and in that regard the information provided by the Government should be taken into account. In the process of consulting the social partners on the draft legislation, the issues raised by the Committee of Experts would surely be dealt with. The fact that the Government of Algeria had expressed its political will to respect the principles of freedom of association should be welcomed.

The Government member of Zimbabwe welcomed the measures taken by the Government of Algeria to fully implement the Convention, in particular with its ongoing labour law reform process, which was tripartite and had culminated in the draft Labour Code. He highlighted the role of the ILO in the drafting process, and was confident that the outcome of the reform process would be positive. He expressed appreciation for the Algerian Government’s statement, which demonstrated respect for ILO standards, including the principles contained in the Convention, commended the progress made since the discussion of the case the previous year and urged the Office to continue supporting the encouraging reforms.

The Worker member of Argentina, speaking on behalf of the Confederation of Workers of Universities of the Americas (CONTUA), Public Services International (PSI) and the International Union of Food, Agriculture, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), referred to the Government of Algeria’s persistent refusal to engage in dialogue with legitimate representatives of workers, as well as the persecution and threats made against trade unionists. In particular, he mentioned examples of trade unionists who were forced to leave the country, or who had been imprisoned and lived in exile as a result of their union activities. He recalled that Algeria was a country rich in natural resources that restricted trade union activity of the National Autonomous Union of Workers of the National Society for Electricity and Gas (SNATEG) in the context of the National Society for Electricity and Gas (SONELGAZ), the only gas and electricity supplier in the country. The Government had created parallel unions, such as the clone SNAPAP, to confuse workers, and had even used legal bodies to make them official. Consequently, the Algerian Government was in violation of the Convention, which had also been recognized recently by the European Parliament in passing an emergency resolution denouncing the serious violations of fundamental rights and freedoms, labour rights and human rights. He hoped that measures would be taken to address the situation.

The Government member of Angola recalled that it was the second time that the case of Algeria had been examined with regard to the Convention. It had been requested to amend certain provisions of Act No. 90-14 concerning the procedures for establishing trade unions, federations and confederations and the right of foreign workers to form trade unions. Act No. 90-14 was known to be under review in the context of the draft Labour Code, which had already been submitted to the social partners for consideration and discussion. The UGTA had sent a copy of the draft legislation to the Office, which had examined it and sent its comments, which had been forwarded to the social partners. He believed that the Algerian Government would make every effort to take the Office’s comments into account and would adhere to the letter and spirit of the Conventions. The Committee should take into account the Government’s efforts to improve its labour laws.

The Government member of Mauritania indicated that the Government of Algeria had made major efforts to complete the implementation of the reforms and measures that it had undertaken to contribute effectively the improvement of freedom of association and its protection. He noted with satisfaction that the revision of the legal framework had also been completed. The revision had been designed to modernize the legal system to cover members of trade union federations and confederations, as well as the rights of foreign workers, who would henceforth be able to create their own trade unions to defend and promote their rights more effectively. These significant new developments had been brought to the attention of the Office, which had examined them and submitted comments. In conclusion, he expressed confidence that the Algerian Government would give effect to its commitments and trusted that the reforms would produce results.

The Government member of Qatar also speaking on behalf of the Government member of Bahrain, expressed appreciation of the work of reform undertaken by the Government of Algeria to meet the demands of the Committee of Experts, particularly the reform of the Labour Code which was under discussion between the Government and the social partners. He hoped that the Committee would take into account the efforts made by the Government.

The Worker member of Italy expressed concern at the registration of certain trade unions. With regard to the SESS, which had requested registration in 2013, several of its founding members, including the national coordinator, had been investigated by the internal security police. Mr Tajeddine Abdellatif, founding member and member of the SESS’s national bureau, had also been questioned by the police. Workers had also been harassed by the police during demonstrations on 22 February 2015, when there had been five cases of physical aggression against members of the national bureau to defend the rights of workers on pre-employment contracts (Mr Ziani Mohammed, Mr Latreche Walid, Mr Ben Ammar Tayeb, Mr Habib Ahmed, Mr Guerras Abdelghani and Ms Driouche Zoulikha). In conclusion, she regretted that the Government too often reverted to section 87bis of the Penal Code to prevent peaceful union demonstrations, whereas the provision of the Code concerned terrorism.

The Government member of China recalling the discussion of the case of the previous year, noted that the Government and the social partners had responded positively to the call made by the Committee and were working together to amend the Labour Code, with ILO technical assistance. His Government hoped that the Committee would recognize the commitment and appreciate the efforts of the Government of Algeria and its social partners to further advance the legislative reform process. He called on the ILO to continue to provide assistance to the social partners in Algeria. He was confident that the reform process would soon be finalized and would therefore place Algeria in a sound position to fully comply with the Convention.

The Government member of Kenya said that Algeria had made tremendous progress with regard to this case since the discussion the previous year. He noted the ongoing Labour Code review process with the social partners, with the technical assistance of the ILO, and was of the opinion that Algeria was firmly on the road towards respecting and implementing the Convention. In addition to the review of the draft Labour Code, further details of the measures taken had been provided by the Government representative. In conclusion, he indicated that, in view of the legislative and governance reforms taking place, support should be provided to Algeria to ensure full compliance with the Convention. He invited the ILO to consolidate its technical assistance in Algeria as a sustainable platform for a successful review.

The Government member of Kuwait welcomed the information provided by the Government representative, particularly with regard to the new draft Labour Code, and the Government’s commitment to strengthening dialogue with the social partners involved in developing the Code. He pointed out that, as the Labour Code was at a draft stage, it was therefore easy to introduce the necessary changes. He appreciated the efforts of the Government to cooperate with the ILO and hoped that the Committee would consider these efforts positively.

The Government representative emphasized that the reform had been an ongoing process since June 2014. The reform was being undertaken in a tripartite framework with ILO assistance. He added that it was not possible to claim that Algeria did not respect freedom of association. There were in practice between eight and ten autonomous unions in the education sector, as well as in the health sector. Moreover, meetings had been organized with the assistance of the ILO, the ILO’s Regional Office for Africa and the Organization of African Unity. The Labour Code complied with international labour standards and needed to be updated, which was being done in collaboration with the social partners. With regard to the registration procedure, regulations existed and the current legislation needed to be applied. The Government had requested ILO technical assistance and wished to pursue its legislative reform until its completion.

The Employer members thanked the Government representative for the information provided and appreciated the constructive tone adopted by the Government. They noted as a positive development that a draft Labour Code had been prepared in consultation with the social partners and looked forward to obtaining further information on the draft Code. The conclusions of the Committee should take this development into consideration. The Employer members invited the Government to provide detailed information, including a hard copy of the draft Labour Code, to the Committee of Experts so that its compliance with the provisions of the Convention could be reviewed. They also encouraged the Government to ensure that there were no obstacles to the registration of trade unions in law and practice, in accordance with the Convention.

The Worker members emphasized that for very many years the procedures and practices for the registration of new trade unions in Algeria had prevented the recognition of new organizations. For several years the Committee of Experts had emphasized in its comments that Algerian law was not in conformity with the provisions of the Convention, and in particular Articles 2 and 5. The international community was concerned at the situation, and the Government should be aware that that could have an impact on certain trade partnerships. They referred in that regard to the resolution of the European Parliament. Although the information communicated by the Government admittedly concerned developments in certain aspects of the legislation, they emphasized that no specific information had been provided concerning the number of registered trade unions. The Government should proceed with the registration of a number of trade unions, including the SESS, the SNAP, the Autonomous Transport Union and the Autonomous National Union of the Agricultural and Rural Development Bank (SNABADR). The November 2015 session of the Committee of Experts would offer an opportunity for the Government to provide the necessary information on the registration of these unions. In conclusion, the Worker members considered it necessary for the Government to accept ILO technical assistance in order to verify, in dialogue with the parties concerned, the conformity of national law and practice with international standards.

Conclusions

The Committee took note of the information provided by the Government and the discussion that ensued on the matters pending before the Committee of Experts, including restrictions on the right to form trade union organizations, federations and confederations and ongoing allegations of delays and obstacles put in the way of trade union registration. The Committee further observed that there were outstanding allegations of violence and intimidation against trade union activists and noted the Government’s statements on these issues.

The Committee noted the Government’s statement that, drawing inspiration from international labour standards and recommendations, the outstanding legislative issues in this case were being addressed within the framework of the ongoing revision of the Labour Code, which included an in-depth consultation with the social partners with a view to achieving consensus. The Government advised that a draft new Labour Code has been prepared in consultation with the social partners.

As regards trade union registration, the Government indicated that the legislative formalities in this regard were simple and without constraint. Ninety-five trade union and employer’s organizations are registered in the country; nine in the last two years. As regards specific allegations raised relative to the SNAPAP and SNAPEST, the Government indicates that both organizations are registered and carry out their activities freely. The conflict in the executive body of the SNAPAP was resolved by the judicial authority, a decision in which it could not interfere.

Taking into account the discussion of the case, the Committee requests the Government to:

• provide detailed information regarding the new draft labour code including providing a copy of the same for analysis and consideration in relation to the application of Convention No. 87;
• ensure that there are no obstacles to the registration of trade unions in law or in practice in conformity with Convention No. 87;
• act expeditiously to process pending applications for trade union registration and notify the Committee of Experts;
• reinstate employees of the Government, terminated based on anti-union discrimination; and
• report in detail to the Committee of Experts for its up-coming session.

Individual Case (CAS) - Discussion: 2014, Publication: 103rd ILC session (2014)



A Government representative expressed his appreciation of the efforts made by the Committee of Experts and the Committee on Freedom of Association to assess the compliance of countries with ILO Conventions and Recommendations so that they could improve their national legislation. His Government took note of the observations of the Committee of Experts regarding the application of Convention No. 87, but he insisted that that it had supplied all its observations requested within the required deadline. It should be recalled that 94 workers’ organizations were currently operating in Algeria in every branch of activity, both in the public service and in the private sector. Algerian legislation on labour relations set out the principle of social dialogue and collective bargaining as the foundation of the relationship between the partners at the work place. On the basis of that principle, some 3,000 collective workers agreements, 80 sectoral collective agreements, over 16,000 collective workplace agreements and 156 branch accords had so far been concluded a National Economic and Social Pact that had been concluded in 2006 and renewed in February 2014 at the 16th tripartite meeting, in the form of a National Pact for Economic and Social Growth. The Algerian experience in the area of social dialogue had been the subject of a detailed presentation at the 309th Session (November 2010) of the ILO Governing Body, when it had been unanimously welcomed. With regard to the observations of the Committee of Experts’ on the registration of trade unions, the Government indicated that, once its by-laws had been modified to conform to the country’s legislation, the National Autonomous Union of Secondary and Technical Education Teachers (SNAPEST) had been registered and was conducting its affairs without any problem in accordance with the rules and regulations in force. The National Autonomous Union of Public Administration Staff (SNAPAP) was also conducting its affairs in compliance with the existing laws and regulations. The internal dispute within SNAPAP had been ended by a ruling of the Supreme Court on the matter. For its part, the Government had maintained a position of neutrality, as recommended by the Committee on Freedom of Association. Moreover, the ILO Director-General himself had met the leader of the SNAPAP, and with the parties to the dispute, when he had visited Algiers in April 2013. Since the ruling handed down by the country’s highest judicial body had resolved the dispute, the Government requested that the case before the Committee on Freedom of Association be dropped. The Committee of Experts had also noted with satisfaction the registration of the National Union of Vocational Training Workers (SNTFP), which was standard procedure when requests for registration were submitted in conformity with the law. The delays in registering certain trade unions could not be seen as an attempt to hamper freedom of association, but rather as arising from the need to ensure that the by-laws complied with the law. Ten unions had been registered since 2012.

As to the acts of intimidation and the death threats that had allegedly been made against union leaders and members, which was punishable under the Penal Code in Algeria, the Government observed that no complaints had been lodged with the competent courts, and that the allegations were not backed by any concrete evidence. Concerning the implementation of section 6 of Act No. 90-14 on the exercise of freedom of association, the Government had already stated that foreign workers were free to join trade unions. A worker’s nationality was therefore no obstacle to union membership, and foreign workers enjoyed the same rights and the same protection as Algerian workers. However, the question of the nationality of persons seeking to establish a trade union was currently being examined for inclusion in the final draft of the new Labour Code. With regard to the application of section 4 of Act No. 90-14, the new Labour Code would also spell out the criteria governing the right of workers’ organizations to establish federations and confederations of their own choosing, irrespective of the sector. Finally, regarding the implementation of section 43 of Act No. 90-02 on the prevention and settlement of collective labour disputes and the exercise of the right to strike, the Government observed that the Convention did not deal with the right to strike. That said, the right to strike was embodied in the Algerian Constitution, and as such it was set out in the legislation and governed by legal procedures of prevention, conciliation, mediation and arbitration. The number of strikes recorded each year showed that the right to strike existed for trade unions in the country. The latest strike had been called by trade unions in the national education sector, and had been resolved to the workers’ satisfaction following negotiations with the public authorities. Algeria had ratified 59 ILO Conventions, including the eight fundamental Conventions and three governance Conventions, and was among the countries that had ratified the highest number of international labour Conventions. The world of work was constantly evolving in order to adapt to new economic and social circumstances, and the Government welcomed any recommendations or observations that might help it improve the country’s labour legislation and foster a more peaceful social climate.

The Worker members noted that the issues raised in the present case mostly concerned the public sector, i.e., workers employed by the State. That did not exclude the private sector, which encountered the same problems. In its reply, the Government had not replied to accusations of intimidation and threats, including death threats, reported by the International Trade Union Confederation and a number of Algerian trade unions in the public sector. Speakers would take the floor to bear witness to the alleged occurrences. The Government had also not replied to the observations of the Committee of Expert on the compliance of the law with ILO standards. In that regard, it should be recalled that Algerian law reserved the right to establish trade unions for persons who had acquired Algerian nationality at birth or at least ten years ago, and that the trade unions had limited possibilities of establishing federations or confederations of their choice. While it could be accepted that national legislation might require founders of a trade union to respect certain clauses concerning publicity and other similar provisions, those provisions should not be tantamount to prior authorization or be applied in such a way as to prohibit the establishment of organization. In a case examined by the Committee on Freedom of Association in March 2013 (Case No. 2944), the Committee had asked the Government to indicate whether the two trade union complainants, the Higher Education Teachers Union (SESS) and the National Autonomous Union of Postal Workers (SNATP) had obtained registration. The Worker members understood that those organizations had still not been registered.

As to the acts of intimidation and the death threats that had allegedly been made against union leaders and members, which was punishable under the Penal Code in Algeria, the Government observed that no complaints had been lodged with the competent courts, and that the allegations were not backed by any concrete evidence. Concerning the implementation of section 6 of Act No. 90-14 on the exercise of freedom of association, the Government had already stated that foreign workers were free to join trade unions. A worker’s nationality was therefore no obstacle to union membership, and foreign workers enjoyed the same rights and the same protection as Algerian workers. However, the question of the nationality of persons seeking to establish a trade union was currently being examined for inclusion in the final draft of the new Labour Code. With regard to the application of section 4 of Act No. 90-14, the new Labour Code would also spell out the criteria governing the right of workers’ organizations to establish federations and confederations of their own choosing, irrespective of the sector. Finally, regarding the implementation of section 43 of Act No. 90-02 on the prevention and settlement of collective labour disputes and the exercise of the right to strike, the Government observed that the Convention did not deal with the right to strike. That said, the right to strike was embodied in the Algerian Constitution, and as such it was set out in the legislation and governed by legal procedures of prevention, conciliation, mediation and arbitration. The number of strikes recorded each year showed that the right to strike existed for trade unions in the country. The latest strike had been called by trade unions in the national education sector, and had been resolved to the workers’ satisfaction following negotiations with the public authorities. Algeria had ratified 59 ILO Conventions, including the eight fundamental Conventions and three governance Conventions, and was among the countries that had ratified the highest number of international labour Conventions. The world of work was constantly evolving in order to adapt to new economic and social circumstances, and the Government welcomed any recommendations or observations that might help it improve the country’s labour legislation and foster a more peaceful social climate.

Trade unions were subject to various limitations on their right to organize their activities and to formulate their programmes in full freedom. It was not a question of the mere problem of the right to strike. According to Algerian law, strikes were prohibited when there was likely to provoke a “serious economic crisis”. The Government stated that the notion was substantially the same as the phrase “acute national crisis” commonly employed by the Committee of Experts and the Committee on Freedom of Association. Nevertheless, the latter had asked the Government to clarify that notion and to provide examples. In reality, all notices of strike action submitted over recent years in the public sector had been subject to interim proceedings before an administrative court and, in all cases, the strike had been declared illegal. That procedure was unilateral, as the trade unions concerned were not invited to present their views. The orders were not reasoned and could only be appealed before the State Council, which issued its decisions within an average of two years. The Worker members recalled that, according to jurisprudence of the Committee on Freedom of Association, the decision to declare a strike illegal should not come from the Government, but from a body independent of and entrusted by both parties. However, when such an excessive number of strikes was declared illegal, at the simple request of the public authorities party to the conflict, without any grounds and without the opportunity for the parties involved to set out their view, there was grounds for questioning the independence of the judiciary and the confidence that the parties could have in it. The Committee of Experts also mentioned the National Arbitration Commission, to which the Government could refer in order to intervene in collective disputes. The Worker members questioned the composition of that body in the absence of trade union elections or of an independent membership count in Algeria. The independence of the National Arbitration Commission and the confidence that the parties could have in it was once again open to question. In reality, trade union activity, like the organization of assemblies or training meetings, was dependent on authorization from the Ministry for the Interior and the procedure almost systematically gave rise to intimidation, delays and harassment.

As to the acts of intimidation and the death threats that had allegedly been made against union leaders and members, which was punishable under the Penal Code in Algeria, the Government observed that no complaints had been lodged with the competent courts, and that the allegations were not backed by any concrete evidence. Concerning the implementation of section 6 of Act No. 90-14 on the exercise of freedom of association, the Government had already stated that foreign workers were free to join trade unions. A worker’s nationality was therefore no obstacle to union membership, and foreign workers enjoyed the same rights and the same protection as Algerian workers. However, the question of the nationality of persons seeking to establish a trade union was currently being examined for inclusion in the final draft of the new Labour Code. With regard to the application of section 4 of Act No. 90-14, the new Labour Code would also spell out the criteria governing the right of workers’ organizations to establish federations and confederations of their own choosing, irrespective of the sector. Finally, regarding the implementation of section 43 of Act No. 90-02 on the prevention and settlement of collective labour disputes and the exercise of the right to strike, the Government observed that the Convention did not deal with the right to strike. That said, the right to strike was embodied in the Algerian Constitution, and as such it was set out in the legislation and governed by legal procedures of prevention, conciliation, mediation and arbitration. The number of strikes recorded each year showed that the right to strike existed for trade unions in the country. The latest strike had been called by trade unions in the national education sector, and had been resolved to the workers’ satisfaction following negotiations with the public authorities. Algeria had ratified 59 ILO Conventions, including the eight fundamental Conventions and three governance Conventions, and was among the countries that had ratified the highest number of international labour Conventions. The world of work was constantly evolving in order to adapt to new economic and social circumstances, and the Government welcomed any recommendations or observations that might help it improve the country’s labour legislation and foster a more peaceful social climate.

The Employer members thanked the Government for the very constructive submission and its clear receptivity to the constructive feedback from the Committee of Experts on how to improve its labour relations and legislation. The Employer members appreciated that the Government recognized social dialogue and collective bargaining as essential pillars, as well as its submission with respect to negotiation and consultation with the social partners. There appeared to be two broad themes observed by the Committee of Experts with regard to the application of the Convention. The first issue, raised in past observations of the Committee of Experts, concerned section 6 of Act No. 90-14 of 1990 that restricted the right to establish trade unions to persons who were Algerian by birth or had been of Algerian nationality for at least ten years. The Committee of Experts had noted that the right to organize had to be provided to workers and employers without distinction concerning their nationality. Also in its prior observations, the Committee of Experts had repeatedly called on the Government to ensure legislative reforms to deal with this issue and to provide information on the action taken. In addition, in its past observations, the Committee of Experts had repeatedly called on the Government to amend its legislation to remove all obstacles preventing workers from establishing federations of their own choosing. The Employer member had heard the Government’s explanations that nationality was not a barrier to registration. However, it was a factor in the ability to establish trade unions. They understood that the comments of the Committee of Experts would be taken into account in the context of the current revision of the Labour Code and encouraged the Government to provide more information in this regard. The second issue was of concern to the Employer members. The Committee of Experts, in its observations for the past few years had referred to section 43 of Act No. 90-02, under which strikes were forbidden in essential services when they were liable to give rise to a serious economic crisis. The Committee of Experts had not only requested the Government to amend the language of its legislation, but had also proposed draft language in this respect. Moreover, the Committee of Experts had requested specific examples of cases where, in light of this language, strikes had been prohibited because of their possible effects. In the view of the Employer members, this was problematic, as the Committee of Experts had exceeded its mandate in this regard. It was important that the right to strike not be addressed in the conclusions of the Conference Committee because there was no tripartite consensus that it was dealt with in the Convention. In its submissions, the Government also considered that the Convention did not deal with the right to strike. In conclusion, the Employer members considered that the Government had been very constructive and encouraged it to provide the information that the Committee of Experts had requested. The Government should be commended for its openness in accepting constructive feedback from the Conference Committee to improve labour relations in the country, as well as the efforts it had already made and would continue to make.

As to the acts of intimidation and the death threats that had allegedly been made against union leaders and members, which was punishable under the Penal Code in Algeria, the Government observed that no complaints had been lodged with the competent courts, and that the allegations were not backed by any concrete evidence. Concerning the implementation of section 6 of Act No. 90-14 on the exercise of freedom of association, the Government had already stated that foreign workers were free to join trade unions. A worker’s nationality was therefore no obstacle to union membership, and foreign workers enjoyed the same rights and the same protection as Algerian workers. However, the question of the nationality of persons seeking to establish a trade union was currently being examined for inclusion in the final draft of the new Labour Code. With regard to the application of section 4 of Act No. 90-14, the new Labour Code would also spell out the criteria governing the right of workers’ organizations to establish federations and confederations of their own choosing, irrespective of the sector. Finally, regarding the implementation of section 43 of Act No. 90-02 on the prevention and settlement of collective labour disputes and the exercise of the right to strike, the Government observed that the Convention did not deal with the right to strike. That said, the right to strike was embodied in the Algerian Constitution, and as such it was set out in the legislation and governed by legal procedures of prevention, conciliation, mediation and arbitration. The number of strikes recorded each year showed that the right to strike existed for trade unions in the country. The latest strike had been called by trade unions in the national education sector, and had been resolved to the workers’ satisfaction following negotiations with the public authorities. Algeria had ratified 59 ILO Conventions, including the eight fundamental Conventions and three governance Conventions, and was among the countries that had ratified the highest number of international labour Conventions. The world of work was constantly evolving in order to adapt to new economic and social circumstances, and the Government welcomed any recommendations or observations that might help it improve the country’s labour legislation and foster a more peaceful social climate.

The Worker member of Algeria observed that, despite the specific situation that the country had been facing for a number of years, this had not hindered the development of trade union pluralism, at least in certain sectors. The major trade union federations had had to face, in the past years, new political choices which had been brought about by the economic and social situations. He expressed solidarity with the unionists of his country facing difficulties. While these difficulties were undeniable, they could be resolved within the framework of social dialogue at the national level. Describing the situation of workers and trade unionism in the region, he emphasized that the situation required understanding, conciliation and the adoption of certain measures.

As to the acts of intimidation and the death threats that had allegedly been made against union leaders and members, which was punishable under the Penal Code in Algeria, the Government observed that no complaints had been lodged with the competent courts, and that the allegations were not backed by any concrete evidence. Concerning the implementation of section 6 of Act No. 90-14 on the exercise of freedom of association, the Government had already stated that foreign workers were free to join trade unions. A worker’s nationality was therefore no obstacle to union membership, and foreign workers enjoyed the same rights and the same protection as Algerian workers. However, the question of the nationality of persons seeking to establish a trade union was currently being examined for inclusion in the final draft of the new Labour Code. With regard to the application of section 4 of Act No. 90-14, the new Labour Code would also spell out the criteria governing the right of workers’ organizations to establish federations and confederations of their own choosing, irrespective of the sector. Finally, regarding the implementation of section 43 of Act No. 90-02 on the prevention and settlement of collective labour disputes and the exercise of the right to strike, the Government observed that the Convention did not deal with the right to strike. That said, the right to strike was embodied in the Algerian Constitution, and as such it was set out in the legislation and governed by legal procedures of prevention, conciliation, mediation and arbitration. The number of strikes recorded each year showed that the right to strike existed for trade unions in the country. The latest strike had been called by trade unions in the national education sector, and had been resolved to the workers’ satisfaction following negotiations with the public authorities. Algeria had ratified 59 ILO Conventions, including the eight fundamental Conventions and three governance Conventions, and was among the countries that had ratified the highest number of international labour Conventions. The world of work was constantly evolving in order to adapt to new economic and social circumstances, and the Government welcomed any recommendations or observations that might help it improve the country’s labour legislation and foster a more peaceful social climate.

An observer representing the International Trade Union Confederation (ITUC) recalled that, following the events of October 1989, the ruling party, under force by popular revolt, had ceded small reforms on trade union pluralism, which were however restricted to sectoral trade unions. As such, the SNAPAP had been registered in 1990. However, 90 per cent of sectoral trade unions registered during this period of revolt had been dissolved following the halting of the electoral process in 1992. The trade unions that had been spared remained the constant target of a power which sought to control or neutralize them. Algeria had ratified Convention No. 87 in 1962, but trade union pluralism had not been written into the national Constitution until 1989. Even though article 132 of that Constitution provided that ratified Conventions prevailed over national laws, the content of the Convention could not be cited in the courts in relation to the free exercise of trade union rights. With regard to the suspension and dismissal of trade unionists, in September 2013 nine members of the federal bureau in the public works sector had been suspended for one month following a strike. Today 137 trade unionists, mostly women, were still suspended following a general strike which had started in April 2012. In reference to the ban on demonstrations and physical and judicial repression, hundreds of protesters and strikers had been assaulted and arrested in 2012, in particular Mr Abdel Khader Kherba and Mr Tahar Bel Abes, of the SNAPAP Committee for the Unemployed, and Mr Yacine Zaïd, a representative from the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF). In February 2013, police forces had surrounded the trade union premises to prevent the Maghreb forum for unemployed graduates from taking place, and had then detained and deported the delegations of Morocco, Mauritania and Tunisia who were due to participate. In March 2013, the border police prevented a delegation of 100 people from SNAPAP from travelling to Tunisia for the World Social Forum. With regard to interference in the internal affairs of trade unions and the “cloning” of unions, which was common practice by the authorities, a “clone” trade union of SNAPAP had been created by the authorities in 2001 which was under the leadership of a retired member of Parliament. The objective of this “clone” union was to discredit SNAPAP with the ILO. The regional or national trade union congresses were held under court order, and yet it was surprising that the Ministry of Labour refused to consider the records relating to SNAPAP resulting from the congresses. Moreover, the general intelligence services had summoned the founders of the solidarity trade union of higher education teachers with the aim of putting pressure on the workers and at the same time attempting to identify people likely to help the administration in creating a “clone” organization. With regard to the refusal to register autonomous trade unions or umbrella organizations, the refusal to register trade unions or confederations was a discretionary decision not based on any regulatory text. Years later, the registration requests of new trade unions were still pending, with the aim of dissuading the creation of any new trade unions. The requests for authorization from the Ministry for the Interior for the organization of meetings, training seminars or trade union congresses were consistently refused. In reality, there was a complete lack of social dialogue. When a trade union had finally been registered, the employer could still refuse to recognize it, or harass its officers, as was the case with the workers’ trade union SONELGAZ (gas and electricity sector). In conclusion, SNAPAP had already lodged several complaints with the Committee on Freedom of Association, which had made recommendations that had been ignored by the Government. The repression against SNAPAP members had even increased. ILO technical assistance had not produced any results. The severity of the situation meant that other possible options set out in the ILO Constitution invited consideration.

The Government member of Egypt commended the efforts of the Government to draw up the draft Labour Code, which took account of the comments of the Committee of Experts, particularly with regard to the possibility of creating trade unions, federations and confederations freely in all sectors of activity and the recognition of the trade union rights of foreign workers. Moreover, measures had been taken to strengthen dialogue with the social partners and consultations were being held on all aspects of trade union activity. Furthermore, the right to strike was recognized by the national Constitution, and strikes were not therefore prohibited, but simply regulated. The justice system took account of ILO Conventions and its operation deserved respect. The far-reaching reforms undertaken in Algeria were ongoing and were not without their problems and challenges. The population was fully involved in that process and Algeria was thus a guardian of fundamental human rights, good governance and trade union pluralism.

An observer representing Education International denounced the use of precarious employment contracts in education, which made it impossible to foster a social climate that was conducive to unionization advocated in the Convention. Since 2006 the Algerian Federation of Education of SNAPAP had been demanding permanent contracts for tens of thousands of teachers on precarious contracts. Their movement had been met with repression. Over 7,000 protesting teachers on precarious contracts had been arrested, 5,000 had been fined like common criminals and dismissed, sometimes after teaching for more than ten years. Most of them were women who now had no source of income, and many reported that they had suffered brutality by the forces of order. The advent of the Arab spring and the fear that the protests might get out of hand had created an opening, and 35,000 teachers had been given permanent contracts by Presidential decree. But the regularization of their situation had not been negotiated with the trade unions, and 30,000 other teachers were still on precarious contracts. With SNAPAP’s support they had, since 2011, maintained their demand for permanent contracts. The struggle between the two sides was still continuous, as were harassment, arrests and termination of contracts. At the start of the 2013–14 school year the temporary contracts of over 1,000 teachers had not been renewed. All of them were union members.

The Government member of the Bolivarian Republic of Venezuela emphasized that the Committee of Experts had noted with satisfaction the progress made in relation to freedom of association, particularly with regard to the registration of trade unions. The progress made by the Government through social dialogue should be highlighted. Evidence of this was the signing of many collective agreements and the renewal of a National Economic and Social Pact in February 2014. The Government demonstrated goodwill by considering the recommendations made by the Committee of Experts in the framework of the draft Labour Code. The Government denied any alleged acts of intimidation or threats against trade union delegates and trade unionists, and emphasized no complaints had been made in this regard to the competent bodies, nor was there any evidence of such acts. There was no doubt that the Government would continue its efforts and progress in this regard, guaranteeing freedom of association and protection of the right to organize. As a result, the conclusions of the Committee needed to recognize and draw attention to the progress made by the Government, as well its commitments and good faith in relation to the application of the Convention.

The Worker member of the United States, also speaking on behalf of the Worker members of Canada, Spain and Switzerland, pointed to the various forms of intimidation to which Algerian trade unionists had been subjected for many years. These included the Government practice of “cloning” unions, dismissal, physical violence and threats, imprisonment based on false charges and restrictions on the freedom of trade unionists to travel. The attempts to intimidate trade union leaders and activists were blatant and unrelenting, and she particularly referred in this regard to: the death threats received by the President of SNAPAP in 2011 after his meeting with the United Nations Special Rapporteur on the right to adequate housing; his termination for “unlawful absence from his position” in 2013; and the arbitrary decision to revoke his union leave of absence granted to him over a decade earlier. Most troubling was the murder of Professor Ahmed Kerroumi, an activist for the National Council for Democratic Change, an organization which SNAPAP had helped to form, after his meeting with the United Nations Special Rapporteur on the right to freedom of expression in April 2011. The Government had not undertaken any official investigation into this killing. She provided further examples of false charges against and prison sentences of trade union activists, including for organizing a strike, participating in meetings or in hunger strikes or, recently in April 2014, for distributing leaflets likely to undermine national interest. Regarding restrictions on the freedom of trade unionists to travel, the President of SNAPAP had been arbitrarily deprived of his passport while attempting to travel to France in 2009 and had been banned from travelling for one month. Another union activist had been arrested in 2012 and imprisoned while attempting to travel for the purpose of organizing workers, and had been detained recently when he had tried to board a flight to attend the Dublin Platform for Human Rights Defenders. In July 2013, the authorities had not allowed the delegation of SNAPAP to travel to attend the World Social Forum in Tunisia. In addition, workers had faced serious repercussions for participating in peaceful protest action, strikes or demonstrations, including in February 2014. These had included arrest, physical assault, non-payment of wages and the stopping of social security and health benefits. The right of unions to function freely was also restricted, as illustrated by the repeated attacks and harassment against the “House of Labour” of SNAPAP over the past five years. All of these examples, which were only a few of many, illustrated that the acts of repression faced by trade unionists of Algeria were severe and widespread. The Government therefore needed to undertake serious reforms in order to meet its obligation to ensure freedom of association, as required by the Convention.

The Government member of Angola expressed support for the statement by the Government, which had made substantial progress in the implementation of ratified Conventions. Freedom of association was respected in the country as trade unions were formed and collective agreements were signed, and particularly the National Economic and Social Pact. The right to strike was also respected and it appeared that the Government had answered the questions asked regarding the application of the Convention in the country.

An observer representing Public Services International (PSI) noted that, although Algeria had ratified 53 ILO Conventions, including Convention No 87, freedom of association was constantly undermined by the administration’s abusive practices. Trade union delegates in various sectors of activity had had their rights infringed; they had been banned from taking part in trade union activities and been refused to allow their members to hold general assemblies. “Cloned” trade unions had been set up, trade union members and delegates had been suspended and struck off lists, and the secondment of trade unionists, even with a national mandate, had been prohibited. According to the law to be considered representative, a trade union had to cover at least 20 per cent of the total workforce of the enterprise. However, in practice, it was the employer who determined the representativeness of the trade unions, thereby preventing their right to recognition and the exercise of their right of collective bargaining. In addition, trade unionists were victims of threats, suspensions, arbitrary dismissals, judicial harassment and police violence, and were prevented from freedom of movement and proceedings before the courts to denounce these facts produced no outcome. The social situation of women trade unionists was also deteriorating because women who had taken part in a strike in April 2012 had been subjected to restrictive measures since then. Finally, in May 2013, a trade unionist at the Training University had been dismissed because of trade union activities and his commitment to human rights. The Convention should be fully applied, and the technical assistance provided should be extended with the participation of SNAPAP and the Autonomous General Confederation of Algerian Workers (CGATA).

The Government member of Cameroon indicated that the information provided demonstrated that Algeria took the Committee of Experts’ observations seriously. It should be noted that the revision of labour laws in Africa was a complex process since the reforms had to go through various advisory committees before being brought before Parliament. The Government should therefore be given time to implement the reform that had been called for. The Government was showing genuine willingness to respond to the concerns expressed by the Committee of Experts in the context of the revision of the Labour Code, which was being finalized. There were many different trade unions in the country and the Government might be accused of promoting the splintering of the trade union movement but not of obstructing freedom of association, when its exercise in practice was so clear. The Government should be encouraged to speed up the process of revision of the Labour Code taking into account the Committee of Experts’ observations.

The Worker member of Libya, also speaking on behalf of the Worker members of Bahrain, Egypt, Mauritania, Morocco, Tunisia and Yemen said that the judiciary did not enjoy independence in Algeria. When trade union members of SNAPAP and SNAPEST appealed to the Supreme Judicial Council and the Council of State, their cases remained pending for years without any result. A lawsuit by unions against the Minister of Labour in 2005 in relation to public financial support had resulted in the establishment of a parallel rival union by the Government, which had received the same registration number as the original union. In addition, the Government had transferred workers’ union contributions from the original union to the parallel union. Numerous international labour conventions had not been published in the Official Gazette, which denied workers the opportunity to use these Conventions in legal proceedings. Teacher trade union members faced harassment, intimidation, non-payment of wages and arbitrary arrest, and under these circumstances members of teachers’ unions had had no choice but to call a strike in 2012, which had been followed by 95 per cent of the workers in the sector. Some members who had participated in the strike continued to face the same kind of reprisals, but the Government had not undertaken any proper investigations. He also accused the Government of having attempted to assassinate the president of one union, but the alleged perpetrator of this criminal act had not been subject to any action by the justice system. The silence of the judiciary in these cases was sufficient in itself to understand that it currently had no power. The Government suppressed trade unionists and eliminated independent unions. There was no other option than to turn to this distinguished Committee for justice.

The Worker member of Bahrain noted the statement by the observer representing the ITUC, which showed that Algeria was currently facing economic difficulties which required the collaboration of all the social partners to reach agreed solutions. Under the current circumstances, the trade union situation in Algeria did not require any intervention by the Committee and he considered that the ITUC had taken an extreme position with respect to this case. Certain parties appeared to be exploiting the ILO to undermine the role played by Arab trade union federations. The situation in Algeria should be examined in an equitable manner based on the evidence.

The Government representative indicated that he intended to respond calmly and confidently to the accusations levelled against his country. Algeria had made enormous sacrifices to recover and preserve its stability, was nowadays a safe haven where there were no restrictions, no death threats, and no curbs on the organization of national or international events so long as the country’s laws and regulations and its procedures were respected. Testimony to that was the recent holding in Algiers of the Conference of Ministers of Foreign Affairs of Non-Aligned Countries. Some of those who claimed to have been threatened were actually present in the room where the Committee was meeting. If they were really under threat, it should be asked how they had managed to leave the country to take part in an international Conference. The discussion of the case before the Committee was based on completely false premises and on baseless accusations that could prejudice the ILO and have unforeseeable harmful consequences. Algeria respected human rights and the ILO’s international standards, as was obvious from the number of Conventions it had ratified. As had been explained in detail in his Government’s statement at the start of the discussion, Algeria fully respected trade union rights. Considering the number of trade unions that were active in the country, it was inconceivable that Algeria should be accused of impeding freedom of association, just as it was inconceivable that it should be accused of impeding the right to strike when one knew just how many strikes were called each year. Every country needed laws that everybody respected to avoid anarchy. Employers could not therefore be blamed for taking legal action when strikes were called in total violation of established procedures. No diktat from the employers or from the workers could be tolerated, and that was why the country’s entire social legislation was built on dialogue and negotiation when any disputes arose between parties. Regarding the allegation that a Maghreb forum had not been allowed to take place, should be recalled that no country in the world could tolerate the organization of an international meeting on its territory that violated its laws and regulations. The ITUC had been informed of the meeting via the ILO in a report issued on 8 May 2013. As for the allegation that restrictions had been placed in the way of the CGATA’s constitution, for over a year it had still not responded to the Government’s observations based on the legislation in force concerning the CGATA’s by-laws and its administrative files. As to the cloning of trade unions as alleged by the ITUC, it should be noted that trade unionists in Algeria had never heard of any such practice, if it existed. If some trade unions did not take part in tripartite meetings, that was simply because the most representative organizations were recognized as having certain prerogatives, in accordance with relevant international standards. Sectoral trade unions participated fully in discussions concerned their area of activity and they were consulted on all matters related to the material and moral interests of the workers concerned. Finally, with respect to trade unionists whose dismissal had been allegedly unjustified, they enjoyed the full protection of the law and were entitled to defend their rights in court. It was everybody’s duty to maintain the Committee’s credibility by making sure that the complaints brought before it were based on facts. Algeria reaffirmed its absolute readiness to collaborate with the Committee in order to improve its legislation, which was inevitably a long-term process.

The Worker members indicated that the organizations concerning which the Committee on Freedom of Association had issued a decision in 2013 had still not been registered one year later. Workers’ organizations faced a variety of obstacles on their activities that went beyond mere restrictions on their right to strike, for reasons which were not legally plausible and which were not in conformity with ILO standards. Moreover, the bodies that were called upon to rule on the legality of union action did not meet the requirements of the standards either. Their independence was highly questionable, they were not trusted by the parties concerned and the procedures they applied did not meet the criteria of a fair trial. For all those reasons, the Government should be asked to accept a visit from a direct contacts mission in order to verify with the interested parties the conformity of the laws and regulations and administrative practices with international standards.

The Employer members welcomed the readiness of the Government to cooperate with the Committee and the ILO with a view to improving its national law and practice on freedom of association. There was apparently consensus that the Government should be encouraged to report on the measures it was taking relating to freedom of association, including information on the reform of the Labour Code and measures related to the establishment of trade unions, their registration and social dialogue in general. This information needed to be reflected in the conclusions to the present discussion. In light of the discussions and the submissions of the Worker and the Employer members, as well as those of the Government representative regarding the scope of the Convention, the conclusions should also include reference to the fact that the Committee did not address the right to strike in this case, as the Employers did not agree that there was a right to strike recognized in Convention No. 87. It should be noted that there was no consensus between the groups in the Committee on the right to strike as being part of Convention No. 87. Proposed conclusions which called upon the Government to bring its national law and practice into line with the principles of the right to strike set out by the Committee of Experts were to be avoided.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the observations from the following representative employers’ and workers’ organizations received on: 12 February and 30 August 2023 from the General and Autonomous Confederation of Workers in Algeria (CGATA), 1 March 2023 from CGATA, the Trade Union Confederation of Productive Workers (COSYFOP), the National Autonomous Union of Public Administration Personnel (SNAPAP), the Autonomous National Union of Electricity and Gas Workers (SNATEG), Public Services International (PSI), the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) and IndustriALL Global Union; 31 August from COSYFOP; 1 September 2022 and 2023 from the International Trade Union Confederation (ITUC); and 1 September 2023 from the International Organisation of Employers (IOE) providing comments of a general nature. The Committee notes the responses provided by the Government.

Measures against trade union leaders. The Committee notes the information communicated by the Government in response to the 2021 observations of national and international trade union organizations. Concerning the information requested on the situation of several trade union leaders (Mr Kaddour Chouicha, Mr Felah Hammoudi, Mr Morad Ghedia), the Government indicates that it has regularly provided information to the various ILO supervisory bodies, including this Committee, the Committee on the Application of Standards of the International Labour Conference (hereinafter the Conference Committee) and the Committee on Freedom of Association. Noting that the information to which the Government refers relates essentially to measures for the reinstatement of workers dismissed from the public administration and workers of the SONELGAZ group, and recalling the seriousness of the alleged offences against the aforementioned trade union leaders (harassment, arrest, detention, terrorism conviction), the Committee expects the Government to provide without delay updated information on the situation of these trade union leaders. The Committee further requests the Government to provide its comments on the situation of the many trade union members and leaders of the SNAPAP and the CGATA listed in the observations of the CGATA received on 30 August 2023, a copy of which was sent to the Government by the Office on 6 September 2023.

Inviolability of trade union premises. With regard to the alleged closure of the premises of the CGATA and COSYFOP, the Committee notes that the Government once again bases its argument on what it considers to be the lack of legitimacy of the trade union leaders of COSYFOP and the CGATA. The Government further points out that they use rented premises for propaganda purposes and to spread false information, breaching security and public order, which constitute illegal acts that are not related to trade union activities. The Government asserts that those concerned have the right to complain to the courts to challenge the closure of headquarters if they are legitimate holders of trade union office. The Committee notes that the Government does not dispute the closure of these premises by administrative decision. At the outset, the Committee recalls that organizations must be able to fully enjoy inviolability of their premises, correspondence and communications. When the legislation makes provision for exceptions in this respect, for example in emergency situations, or in the interests of public order, the Committee considers that searches should only be possible when a warrant has been issued for that purpose by the regular judicial authority, when the latter is satisfied that there is good reason to presume that such a search will produce evidence for criminal proceedings under the ordinary law, and provided the search is restricted to the purpose for which the warrant was issued (see the 2012 General Survey on the fundamental Conventions, paragraph 114). The Committee expects that the Government will fully guarantee the right of the inviolability of trade union premises, under the Convention, and that any decision to search or even close COSYFOP or CGATA premises will be taken by the competent judicial authority. Accordingly, the Committee urges the Government to reverse any decision to close trade union premises of COSYFOP and the CGATA taken by the administration without a court warrant. It also refers to the alleged closure of the SNAPAP’s premises since 2019 by administrative decision as recalled in the most recent observations of the CGATA.

Legislative issues

Adoption of new legislation. The Committee notes the adoption of Act No. 23-02 of 25 April 2023 on the exercise of the right to organize, and of Act No. 23-08 of 21 June 2023 concerning the prevention and settlement of collective labour disputes and the exercise of the right to strike. The Committee notes that these two Acts implement the provisions of the Convention by amending existing provisions while taking into account certain recommendations made previously, and introduce new provisions which provide clarification on the exercise of freedom of association and protection of the right to organize. Lastly, the Committee notes that the final provisions of Act No. 23-02 repeal Act No. 90-14 on the exercise of the right to organize.

However, the Committee notes with concern that the above-mentioned trade union organizations have made numerous observations concerning Act No. 23-02 and complained from the outset, in February 2023, that it had been developed without consulting the social partners. According to the trade union organizations, the consultations that the Government claims to have held involved only a minority of the country’s trade unions and did not include the main representative organizations, including the country’s leading trade union. The trade union organizations consequently requested that the adoption of the Act be postponed so that the Government could engage in genuine consultations with the social partners and hear their points of view. They shared proposed amendments in this regard. The Committee notes that, despite these requests, the Government decided to submit the Bill to Parliament, which adopted it in April 2023.

The Committee notes that the observations of the trade union organizations containing proposed amendments were submitted to the Government, which responded on numerous points. The Committee has taken into account both these comments from the trade union organizations and the Government’s responses to them in its assessment of the new Act.

Scope of application (section 2 of Act No. 23-02). In its previous comments, the Committee requested the Government to initiate without delay consultations with the social partners on the measures to be taken to amend the requirements resulting from the application of section 2 of Act No. 90-14, so that trade union office in an enterprise is no longer restricted to persons employed by the enterprise in question, or to remove the requirement to belong to the occupation or to be an employee for at least a reasonable proportion of trade union officials. The Committee notes with regret that section 2 of Act No. 23-02 remains unchanged on this point in that it applies solely to salaried workers and public officials working in public institutions and administrations. The Committee must once again recall that provisions of this type infringe the right of organizations to draw up their constitutions and to elect representatives in full freedom by preventing qualified persons (such as full-time union officers or pensioners) from being elected, or by depriving the organizations of the experience of certain officers when they are unable to provide enough qualified persons from among their own ranks (see the 2012 General Survey on the fundamental Conventions, paragraph 102). Consequently, the Committee urges the Government to take the necessary measures to ensure that the new legislation complies fully with the Convention, in accordance with the principles recalled above.

Independence of trade union organizations (sections 12 to 15 of Act No. 23-02). The Committee notes that these provisions prohibit not only any structural or functional relationship between trade unions and political parties, but also prohibit trade unionists from holding office in the governing bodies of a political party. Furthermore, founding members and trade union leaders are required to refrain from the expression of any support for a political party or figure. The Committee wishes to recall in this regard its indication that while the promotion of working conditions by collective bargaining remains a crucial part of trade union action, the development of the trade union movement and its wider recognition as a social partner in its own right require workers’ organizations to be able to voice their positions on political issues in the broad sense of the term, and, in particular, to express their views publicly on a government’s economic and social policy. With regard to the political activities of the trade union movement, the Committee has also expressed the view that both legislative provisions which establish a close relationship between trade union organizations and political parties, and those which prohibit all political activities by trade unions, give rise to serious difficulties with regard to the principles of the Convention. Some degree of flexibility in legislation is therefore desirable, so that a reasonable balance can be achieved between the legitimate interests of organizations in expressing their point of view on matters of economic or social policy affecting their members or workers in general, on the one hand, and the separation of political activities in the strict sense of the term and trade union activities on the other hand. The Committee therefore recalls that provisions imposing a general prohibition on political activities by trade unions or employers’ organizations for the promotion of their specific objectives are contrary to the Convention. Accordingly, the Committee requests the Government to take the necessary measures to review the aforementioned provisions of Act No. 23-02, in consultation with representative employers’ and workers’ organizations at the national level, with a view to amending them so as to ensure respect for this principle.

Trade union constitutions and rules of procedure (sections 37 to 42 of Act No. 23-02). The Committee notes the detailed list of provisions that should be included in the constitution of a membership-based organization, federation or confederation (section 38). The Committee notes, for example, the requirement to include provisions on the representation of women and young people on management and/or governing bodies. Furthermore, the Committee notes that section 40 of the Act requires constitutions to guarantee broad deliberation within supervisory bodies on important decisions, such as decisions relating to strikes. The Committee recalls that legislative provisions which regulate in detail the internal functioning of workers’ and employers’ organizations pose a serious risk of interference which is incompatible with the Convention. The Committee further recalls that, under Article 3 of the Convention, national legislation should only lay down formal requirements respecting trade union constitutions, except with regard to the need to follow a democratic process and to ensure a right of appeal for the members (see the 2012 General Survey on the fundamental Conventions, paragraph 100). The Committee therefore requests the Government to consult representative workers’ and employers’ organizations to review the legislative provisions in question as well as their application in the light of the above principle.

Gifts and bequests (section 49 of Act No. 23-02). The Committee recalls that its previous comments have focused for many years on the need to remove the requirement to obtain prior authorization from the public authorities with regard to gifts and bequests from national trade union organizations or foreign entities. The Committee notes with regret that section 49 of Act No. 23-02 reproduces this obligation. The Committee requests the Government to take the necessary measures, in consultation with representative workers’ and employers’ organizations, to amend section 49 of Act No. 23-02 and to indicate any measures taken in this respect.

Participation in trade union supervisory and/or governing bodies (section 54 of Act No. 23-02). Election of trade union representatives (section 101 of Act No. 23-02). The Committee notes that among the conditions to be met in order to take part in the management or administration of a trade union or to stand as a candidate for election as a trade union representative, any member must be over 21 years of age. It notes that Act No. 23-02 further provides that salaried workers must be of legal age to establish a trade union organization (section 28). Lastly, the Committee notes that the minimum age for admission to employment is fixed at 16 years, under section 15 of Act No. 90-11 on employment relationships. Recalling its consistent position that all workers who have reached the minimum age for admission to employment must be able to exercise their right of freedom of association, including the right to stand as a candidate for election as trade union representative, the Committee requests the Government to amend section 101 of Act No. 23-02 in consultation with representative workers’ and employers’ organizations to bring it in conformity with the Convention.

Term and number of trade union appointments (section 56 of Act No. 23-02). Noting that pursuant to section 56 of the new Act, the term of a trade union appointment may not exceed five years and is renewable only once, the Committee is bound to recall that the right of workers’ organizations to draw up their own constitutions and rules, organize their administration and formulate their programmes means that matters such as the establishment of the term of appointments must be left to the unions themselves in their constitutions and rules. The Committee considers that provisions regulating in detail the alternation in the leadership of workers’ or employers’ organizations are incompatible with the Convention as they amount to interference by the public authorities in trade union affairs. The Committee therefore urges the Government to take the necessary measures, in consultation with representative workers’ and employers’ organizations, to amend section 56 of Act No. 23-02, in accordance with the above-mentioned principle.

Response to requests from the authorities (section 61 of Act No. 23-02). Whereas the Committee understands the need to maintain dialogue when communicating certain information on a regular basis in accordance with the Act, it nevertheless questions the wording of section 61, which imposes a duty to respond to all requests from the competent administrative authority but does not specify the nature, possible justifications or limits of such requests. Such a general provision poses challenges in that it could allow for continuous or harassing objections from the authorities and thereby give rise to risks of partiality or abuse. The Committee therefore requests the Government to delete section 61 of Act No. 23-02 or to initiate consultations with representative workers’ and employers’ organizations in order to amend it in accordance with the Committee’s recommendation.

Dissolution of trade unions (sections 64 to 67 of Act No. 23-02). The Committee notes that pursuant to section 65, a trade union may be dissolved only through judicial channels in certain situations. The Committee further notes that certain situations, such as absence of activity relevant to trade union objectives over a period of three years, refusal to comply with or implement judicial decisions, or incitement to violence, threat or any other illegal behaviour that violates workers’ rights, are potentially far-reaching and could allow objections and thereby give rise to risks of partiality or abuse. Recalling once again that the dissolution of trade unions constitutes an extreme form of interference by the authorities in the activities of organizations, the Committee requests the Government to provide detailed information on the implementation of this provision, specifying the number of administrative appeals seeking the dissolution of trade unions, including on the aforementioned grounds, and the outcomes.

Settlement of collective labour disputes and exercise of the right to strike pursuant to new Act No. 23-08 of 21 June 2023. The Committee notes that this law repeals Act No. 90-14 of 6 February 1990. Noting the observations from trade union organizations and the Government’s response to certain points, the Committee wishes to draw the Government’s attention to the following points:

Procedures for the exercise of the right to strike (sections 41 to 46 of Act No. 23-08). The Committee notes that pursuant to section 42 of the Act, strike action may only be taken for the purpose of having exclusively socio-professional demands met. Under section 45 of the Act, therefore, politically motivated strikes, sympathy strikes or strikes organized for causes or demands other than socio-professional, are illegal. In this regard, the Committee recalls that strikes relating to the Government’s economic and social policy, including general strikes, are legitimate and therefore should not be regarded as purely political strikes, which are not covered by the principles of the Convention. Trade unions and employers’ organizations responsible for defending socio-economic and occupational interests should be able to use, respectively, strike action or protest action to support their position in the search for solutions to problems posed by major social and economic policies which have a direct impact on their members. Moreover, with regard to so-called “sympathy” strikes, the Committee considers that a general prohibition of this form of strike action could lead to abuse, particularly in the context of globalization characterized by increasing interdependence and the internationalization of production, and that workers should be able to take such action, provided that the initial strike they are supporting is itself lawful (see the General Survey of 2012 on the fundamental Conventions, paragraphs 124 and 125). Bearing in mind the principles recalled above, the Committee requests the Government to take measures to ensure that excessive restrictions on the exercise of the right to strike are removed.

The Committee further notes that section 42 of the Act defines a strike as a collective and concerted stoppage of work “compatible with the activity of the enterprise and the continuity of public services”. The Committee requests the Government to clarify how the holding of a strike compatible with the employer’s activity is envisaged under the Act and to provide the list of jobs considered indispensable to the continuity of public services.

Additionally, the Committee notes that the Act requires that strike action be taken after exhaustion of the dispute settlement procedures provided for under Title II of the Act (sections 5 to 40). The Committee notes that the established conciliation, mediation and voluntary arbitration procedures, which build on each other, could result in a settlement procedure lasting for several months before a strike is called. In this regard, the Committee recalls its position that prior procedures should have the sole purpose of facilitating bargaining and should not be so complex or slow that a lawful strike becomes impossible in practice or loses its effectiveness. With regard to the duration of prior conciliation and arbitration procedures, the Committee has considered, for example, that the imposition of a duration of over 60 working days as a prior condition for the exercise of a lawful strike may make the exercise of the right to strike difficult, or even impossible (see the 2012 General Survey on the fundamental Conventions, paragraph 144). The Committee therefore urges the Government to initiate consultations with representative workers’ and employers’ organizations in order to reduce this period of prior procedures in line with the principle recalled.

Period of notice (section 49 to 54 of Act No. 23-08). The Committee further recalls that the period of advance notice should not be an additional obstacle to bargaining, and should be shorter if it follows a compulsory prior mediation or conciliation procedure which itself is already lengthy. The Committee expects the Government to take this issue into account in its consideration of adjustments to be made.

Negotiated minimum service (sections 62 to 64 of Act No. 23-08). The Committee recalls that the maintenance of minimum services in the event of strikes should only be possible in certain situations, namely: (i) in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (or essential services “in the strict sense of the term”);(ii) in services which are not essential in the strict sense of the term, but in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population; and (iii) in public services of fundamental importance. However, such a service should meet at least two requirements: (i) it must genuinely and exclusively be a minimum service, that is, one which is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear; and (ii) since this system restricts one of the essential means of pressure available to workers to defend their interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities (see the 2012 General Survey on the fundamental Conventions, paragraphs 136 and 137). The Committee requests the Government to indicate any consultations held with the social partners on the matter and to provide the regulatory text determining the list of industries and posts required to establish a minimum service, once it has been adopted.

Requisitioning (section 65 of Act No. 23-08). The Committee recalls that it is desirable to limit powers of requisitioning to cases in which the right to strike may be limited, or even prohibited, namely: (i) in the public service for public servants exercising authority in the name of the State; (ii) in essential services in the strict sense of the term; and (iii) in the case of an acute national or local crisis, and considers that essential services, for the purposes of restricting or prohibiting the right to strike, are only those the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see the 2012 General Survey on the fundamental Conventions, paragraphs 151 and 131). The Committee requests the Government to provide information on the implementation of section 65 of the Act by the competent authorities and to indicate the list of occupations considered indispensable for the safety of persons, plants and property, for the continuity of public services, for the satisfaction of the vital needs of the country or for the provision of supplies to the population.

Prohibition of strikes (section 67 of Act No. 23-08). The Committee further recalls that the right to strike is not absolute and may be restricted in exceptional circumstances, or even prohibited. Over and above the armed forces and the police, the members of which may be excluded from the scope of the Convention in general, other restrictions on the right to strike may relate to the three areas identified in the above discussion of requisitioning. In these cases, compensatory guarantees should be provided for the workers who are thus deprived of the right to strike. The Committee requests the Government to indicate any consultations held with the social partners on the issue and to provide the regulatory text determining the list of sectors, staff and occupations in which strike action is prohibited, once it has been adopted.

Strike resolution (section 69 of Act No. 23-08).The Committee requests the Government to remove the provisionenvisaging the participation of the employer or representative thereof in the general meeting at which it is to be decided whether or not to return to work.

The Committee urges the Government to provide information on the measures taken to comply with its comments on amendments to be introduced to the new legislative framework on the exercise of freedom of association in order to bring it into conformity with the requirements of the Convention.

Registration of trade union organizations

The Committee notes the Government’s indication that it undertakes to review the registration applications of the Algerian Union of Employees of the Public Administration (SAFAP) and the Confederation of Algerian Trade Unions (CSA) in the light of the relevant new provisions of Act No. 23-02. The Committee expects the Government to complete processing the registration applications of the SAFAP and the CSA without delay.

With regard to the situation of SNATEG, the previous observations of which indicate numerous obstacles to the freedom to organize its activities, the Committee notes that the Committee on Freedom of Association, during its last examination of the complaint (403rd report, June 2023, Case No. 3210), maintained its recommendations to the Government, including: (i) to conduct an independent inquiry to determine the circumstances that led to the administrative decision to dissolve SNATEG; and (ii) to review the decision to dissolve SNATEG without delay. The Committee notes with regret that the Government merely states in its most recent report that the administration processed the application for the voluntary dissolution of SNATEG with all required attention and that it cannot overrule the will of the members to dissolve their trade union. Expressing its concern at the absence of progress in this matter, despite its repeated recommendations inviting the Government to take corrective measures, the Committee expects that the Government will finally take the necessary measures to give effect to the recommendations of the Committee on Freedom of Association.

Lastly, the Committee wishes to clarify the following points in response to the Government’s reiterated position challenging the standing of members of COSYFOP (whose registration it contests) and the CGATA (whose registration it refuses) as trade union leaders. In this regard, the Committee recalls that the exercise of legitimate trade union activities should not be dependent on registration and that the authorities should refrain from any interference which would restrict this right or impede its exercise, unless public order is disturbed or its maintenance seriously and imminently endangered. With regard to COSYFOP, the Committee notes that it informed the Committee on Freedom of Association of its situation (Case No. 3434 submitted in March 2022). The Committee expects the government to resolve the issue of registration of the CGATA and other trade union organizations awaiting registration under the new law without further delay.

In conclusion, the Committee urges the Government to further strengthen its efforts to ensure that full freedom of association is effectively guaranteed in law and in practice, and firmly hopes that the Government will hold consultations without delay with all of the social partners concerned to revise the provisions of Acts Nos 23-02 and 23-08 in the light of its comments. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

[The Government is asked to reply in full to the present comments in 2024.]

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2022, which refer to legal issues already examined by the Committee. The Committee notes with regret that the Government has not provided the information requested concerning the determination of minimum service and referral to the National Arbitration Commission, and is therefore obliged to recall its requests hereunder:

Minimum service.The Committee once again requests the Government to specify the manner in which in practice minimum services are determined in each of the fields covered by sections 37 and 38 of Act No. 90-02 and the extent to which the representative organizations concerned participate in each instance. The Committee requests the Government to indicate, in this regard, the occasions in recent years that these provisions of Act No. 90-02 have been applied, with an indication, in each case, of the percentage of workers concerned by the compulsory minimum service decided upon. The Committee also requests the Government to provide examples of collective agreements or accords concluded under the terms of section 39 of the Act for the determination of minimum services in the event of a strike.

National Arbitration Commission.The Committee requests the Government to provide examples of situations that have been referred to the National Arbitration Commission, under section 48 of Act No. 90-12.

Articles 2, 3 and 5 of the Convention. Legislative amendments. The committee notes with regret that the Government has provided no information on the process for the adoption of the Act amending the Labour Code. In view of the adoption of Act No. 22-06 of 25 April 2022, amending and supplementing Act No. 90.14 of 2 June 1990, the Committee requests the Government to indicate the manner in which the provisions of the said Act are taken into account in the draft final text of the Labour Code. In the absence of any information, the Committee refers to its previous comments, which are based on the version of the advance draft communicated by the Government in 2015. The Committee trusts that due account has been taken of its comments, to ensure conformity with the Convention.

Sections 510 to 512 of the draft text.The Committee requests the Government to amend sections 510 and 511 by removing the reference to the same occupations, branches or sectors of activity, in order to remove any obstacle to the establishment of federations and confederations of their choice by workers’ and employers’ organizations, irrespective of the sector to which they belong.

Section 514.The Committee requests the Government to amend section 514 so that it recognizes the right of all workers, without distinction on the basis of nationality, to establish trade unions.

Section 517.The Committee requests the Government to clarify the last paragraph of this provision by specifying the publicity requirements applicable to trade unions when they are established.

Section 525.The Committee requests the Government to submit for consultation with the social partners the second paragraph of this provision, which requires the publication in two national daily newspapers, one of which is in a national language, of information on the amendment of statutes or changes in executive committees, so that they may be enforceable against third parties.

Section 534.The Committee requests the Government to amend section 534 by removing the requirement to obtain prior authorization from the public authorities concerning donations and bequests from trade unions or foreign organizations.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the information communicated by the Government in response to the 2020 observations of the General and Autonomous Confederation of Workers in Algeria (CGATA) and of the National Autonomous Union of Public Administration Personnel (SNAPAP), supported by the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) and Public Services International (PSI). The Committee notes that the Government provides no response regarding the closure of the CGATA headquarters in Algiers and refutes the allegations of persecution of around a hundred trade unionists. The government states that: (i) Mr Maaza Belkacem and Ms Lalia Djaddour were convicted for reasons unconnected to the exercise of their trade union rights; and (ii) no legal action was engaged against Mr Kaddour Chouicha, Coordinator of the Higher Education Teachers’ Union (SESS). With regard to the observations of September 2020, from the Trade Union Confederation of Productive Workers (COSYFOP), supported by the international trade union organizations (UITA, ISP and IndustriALL Global Union), the Committee notes that the Government restricts itself to contesting the legality of the COSYFOP general assembly, on the grounds that Mr Mellal Raouf did not have the authority to convene it, and does not respond to the allegations of judicial harassment against the other COSYFOP leaders, or with regard to the closure of the headquarters of the union. The Committee requests the Government to provide information on the overall situation of the COSYFOP leaders mentioned by COSYFOP in its communication of 30 September 2020. Recalling the right of organizations to be able to dispose of all their fixed and moveable assets unhindered, and that they should enjoy inviolability of their premises, as corollaries of the exercise of their trade union rights, the Committee urges the Government to indicate the reasons for the closure of the COSYFOP headquarters and that of the CGATA.

The Committee also notes the observations of the CGATA, dated 24 March 2021, according to which the Joint Council of the Civil Service and the National Arbitration Commission are not composed of real SNAPAP representatives, but of persons coming from a “clone” organization, established with the support of the Government. In this regard, the Committee notes the Government’s reply, dated 27 April 2021, which essentially denies the alleged facts. The Government states that the trade union organizations freely appointed their representatives within these instances and recalls that if the SNAPAP has had an internal leadership dispute in its past, there is today only one, single SNAPAP, represented by its Secretary-General, Mr Felfoul Belkacem, and that this is confirmed by various SNAPAP congresses, the latest of which dates to January 2016. The Committee also notes the observations of the CGATA, dated 2 May 2021, denouncing the continued persecution of Mr Kaddour Chouicha, Coordinator of the SESS, persecution which is also directed against members of his family. Finally, the Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2022, which concern legal issues already examined by the Committee and which point to continuing, serious violations of the Convention in practice. In particular, the ITUC denounces: (i) the arrest by the gendarmerie on 19 February 2022 of Mr Faleh Hammoudi, member of the SNAPAP office and President of the Algerian League for the Defence of Human Rights (LADDH), and his sentencing under urgent proceedings by the court of the first instance in Tlemcen to three years’ imprisonment and a fine; and (ii) the arrest and arbitrary detention of Mr Mourad Ghedia, Chairperson of the SNAPAP/CGATA in April 2021. The ITUC states that following a major international campaign, Mr Ghedia was released after two months and ten days of detention. The Committee notes that, in its response of 27 October 2022 to the abovementioned allegations, the Government states that Mr Faleh Hammoudi was judged by a sovereign court and that “in light of the evidence examined in this case [Mr Hammoudi] can neither conceal nor deny his membership of a terrorist group the actions of which are directed at undermining the democratic character of Algerian society by illegal means.” The Government adds that it is up to Mr Hammoudi to appeal the decision. With regard to Mr Mourad Ghedia, the Government declares that it will provide its comments once it has received the information from the administration concerned. In view of the gravity of the facts alleged, the Committee wishes to recall that the right of trade unions to freely carry out their activities is an essential element of trade union rights and that measures taken against trade union leaders or trade unionists to restrict this freedom implies a serious risk of interference in trade union activities and, where the restrictions are based on trade union grounds, they constitute a violation of freedom of association. Under these circumstances, it is for the Government to guarantee at all times that defenders of trade union rights may be able to carry out their activities without fear of retaliation and without restriction. The Committee urges the Government to provide its comments in response to the above observations and to communicate all information related to the above-mentioned legal procedures.

Legislative issues

The Committee notes the adoption of Act No. 22-06 of 25 April 2022, amending and supplementing Act No. 90-14 of 2 June 1990 on the exercise of the right to organize.

Article 2 of the Convention. Right to establish trade union organizations. The Committee notes with satisfaction that Act No. 22-06 of 25 April 2022 removes the nationality requirement provided under section 6 of Act No. 90-14, now allowing non-national employers and workers to form trade union organizations and, subject to three years’ residence and according to modalities established in the statutes, to become members of the executive board of a trade union (section 13 bis of Act No. 90-14). However, with reference to the observations from the ITUC, the Committee notes that the penalties for participating in an organization subject to dissolution have been increased (sections 60 and 61 of Act No. 90-14), which amounts to a risk of obstruction to the exercise of freedom of association, especially where the conditions for dissolution of the trade union are contested (see below, the situation of the Autonomous National Union of Electricity and Gas Workers (SNATEG)), given the recurrent complaints of “cloning” organisations and the allegations of closure of trade union headquarters mentioned above.

Article 5. Right to establish federations and confederations. The Committee notes with satisfaction that the new section 4 of Act No. 90-14 now allows trade union organizations to constitute federations, unions and confederations “whatever the occupation, branch and sector to which they belong”.

Article 3. Restrictions on access to trade union office. In its previous comments, the Committeerequested the Government to initiate without delay consultations with the social partners on measures to be taken to amend the requirements resulting from the application of section 2 of Act No. 90-14, so that trade union office in an enterprise or establishment is no longer restricted to persons employed by the enterprise or establishment in question, or to remove the requirement to belong to the occupation or to be an employee for at least a reasonable proportion of trade union officers. The Committee notes with regret that section 2 of Act No. 90-14 remains unchanged. The Committee recalls that it considers the requirement to belong to an enterprise or establishment in order to exercise trade union functions may infringe trade unions’ freedom to formulate their rules and to freely elect their representatives. It removes from unions the possibility to elect qualified persons (such as full-time trade union officials or retirees), and deprives them of the experience of certain leaders when there are insufficient numbers of qualified persons in their own ranks. Consequently, the Committee requests the Government to take the necessary measures to ensure that the legislation complies fully with the Convention, in conformity with the principles recalled above.

Registration of trade union organizations

The Committee notes the Government’s indication that the number of trade unions has increased from 117 in 2019 to 160 in 2022 and its assertion that this bears witness to the Government’s wish to deal with the pending registration files, and associating stakeholders in the regularisation process. In this regard, the Committee notes the Government’s indication that it used every available means of reaching out to the organizations awaiting registration, but to no avail. The Committee notes that the Government repeats the following information: (i) the CGATA file does not conform to the conditions set out in Act No. 90-14, in that it is not composed of any legally established union, as required by the law, which requires any confederation to be established by a group of legally registered or established unions; (ii) the file for the establishment of the Algerian Union of Employees of the Public Administration (SAFAP) is pending due to a dispute between the founding members, to be settled out of court or by decision; (iii) regarding the registration of the Confederation of Algerian Trade Unions (CSA), the Government is waiting for the members concerned to attend the competent service of the Ministry of Labour, to update their file in line with the amendments introduced following the adoption of the Act of 25 April 2022. The Committee notes the follow-up information provided by the Government and requests it to continue to provide updated information on the handling of files for the registration of trade unions.

Regarding the situation of the SNATEG, the observations of which reveal numerous obstacles to the freedom to organize its activities, the Committee recalls that the Committee on Freedom of Association, during its last examination of the case (392nd report, October 2020, case No. 3210), formulated recommendations to the Government, including (i) to conduct an independent investigation to determine the circumstances that led to the administrative decision to dissolve the SNATEG; and (ii) to review the decision to dissolve the SNATEG without delay. The Committee notes with regret that the Government limits itself to repeating that it has provided all information relative to the voluntary dissolution of the SNATEG, including the minutes of the bailiff who noted the voluntary dissolution. The Government underscores that it cannot overrule the will of the members of the trade union to dissolve their trade union. The Committee is concerned at the absence of progress in this matter, and once again requests the Government to take the necessary measures to give effect to the recommendations of the Committee on Freedom of Association.

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the information provided by the Government in reply to the observations of the International Trade Union Confederation (ITUC) of 2018 concerning the application in practice of certain provisions of Act No. 90-02 of 6 February 1990 on the prevention and settlement of collective labour disputes and the exercise of the right to strike.

Minimum service. The Committee previously requested the Government to provide copies of the texts determining essential services and services of public utility under the terms of Act No. 90-02. In its reply, the Government refers to section 37 of the Act, which provides that where the strike relates to activities the total interruption of which is liable to prejudice the continuity of essential public services, vital economic activities, the provision of supplies to the population or the maintenance of installations and property, the continuation of indispensable activities shall be organized in the form of a compulsory minimum service or through negotiations. The Government also refers to section 38 of the Act, which determines the fields in which a compulsory minimum service shall be organized in the event of a strike.  The Committee requests the Government to specify the manner in which in practice minimum services are determined in each of the fields covered by sections 37 and 38 of Act No. 90-02 and the extent to which the representative organizations concerned participate in each instance. The Committee requests the Government to indicate, in this regard, the occasions in recent years that these provisions of Act No. 90-02 have been applied, with an indication, in each case, of the percentage of workers concerned by the compulsory minimum service decided upon. The Committee also requests the Government to provide examples of collective agreements or accords concluded under the terms of section 39 of the Act for the determination of minimum services in the event of a strike.

National Arbitration Commission. Noting the Government’s reply concerning the functions and composition of the National Arbitration Commission set out in section 48 of Act No. 90-12, the Committee requests the Government to provide examples of situations that have been referred to the National Arbitration Commission.

Articles 2, 3 and 5 of the Convention. Legislative amendments. The Committee recalls that the Government has been referring since 2011 to the process of the adoption of the Act revising the Labour Code and that the Committee’s previous comments referred to the draft text provided by the Government in 2015. In its latest report, the Government refers to a new version of the Labour Code and indicates that the Office’s 2015 comments have been taken into account in this regard. It adds that the new text will be submitted for consultation with the social and economic partners and that the final version will then be submitted to the competent authorities for approval and promulgation. The Committee observes that the Government has not provided a copy of the latest version of the draft Labour Code.  The Committee trusts that the comments that it reiterates below have been taken into account in the amendment of the corresponding provisions of the definitive draft text of the Labour Code in order to ensure that it is in conformity with the Convention.

Sections 510 to 512 of the draft text. The Committee notes that sections 510 and 511 refer to organizations in the same occupations, branches or sectors of activity for the purpose of the establishment of unions, federations or confederations. These provisions have the effect of preventing trade unions, irrespective of the sector to which they belong, from establishing federations and confederations of their own choosing, in accordance with Article 5 of the Convention.  The Committee requests the Government to amend sections 510 and 511 by removing the reference to the same occupations, branches or sectors of activity, in order to remove any obstacle to the establishment of federations and confederations of their choice by workers’ and employers’ organizations, irrespective of the sector to which they belong.

Section 514. The Committee notes that this provision restricts the right to establish trade unions to persons who are originally of Algerian nationality or who acquired Algerian nationality at least five years earlier. This provision is contrary to Article 2 of the Convention, which recognizes the right to establish and join trade unions or employers’ organizations without distinction, including on the basis of nationality.  The Committee requests the Government to amend section 514 so that it recognizes the right of all workers, without distinction on the basis of nationality, to establish trade unions.

Section 517. The Committee requests the Government to clarify the last paragraph of this provision by specifying the publicity requirements applicable to trade unions when they are established.

Section 525. The Committee requests the Government to submit for consultation with the social partners the second paragraph of this provision, which requires the publication in two national daily newspapers, one of which is in a national language, of information on the amendment of statutes or changes in executive committees, so that they may be challenged by third parties.

Section 534. The Committee notes that, under this section, gifts and bequests from foreign trade unions or organizations may only be received following authorization by the public authorities which verify the origin, amount, compatibility with the objective declared by the statutes of the trade union, and the constraints to which they may give rise. This provision is contrary to Articles 3 and 5 of the Convention, under which national workers’ and employers’ organizations should have the right to receive financial assistance from international workers’ and employers’ organizations without being required to obtain prior authorization.  The Committee requests the Government to amend section 534 by removing the requirement to obtain prior authorization from the public authorities.

[The Government is asked to reply in full to the present comments in 2022.]

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government and the observations received from the social partners this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations received on 29 September and 9 October 2020 of the General and Autonomous Confederation of Workers in Algeria (CGATA) and the National Autonomous Union of Public Administration Personnel (SNAPAP), supported by the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) and Public Services International (PSI). The aforementioned organizations complain of the closure of the CGATA headquarters in Algiers, the persecution of hundreds of union members in numerous wilayas, and the arrest, detention and the convictions by the courts against the following trade union delegates: (i) Mr Kaddour Chouicha, Coordinator of the Higher Education Teachers’ Union (SESS); (ii) Ms Lalia Djaddour, Member of the National Committee of Women Workers and National Secretary of SNAPAP; and (iii) Mr Maaza Belkacem, Member of the National Federation of Justice Sector Workers.

The Committee also notes the observations received on 30 September 2020 from the Trade Union Confederation of Productive Workers (COSYFOP), supported by the IUF, PSI and IndustriALL Global Union. COSYFOP complains of the following incidents, which occurred in 2020: (i) the establishment of a clone COSYFOP bureau by a general assembly not attended by representatives of affiliated unions and whose supposedly elected representatives have never been members of the Confederation; (ii) the closure under seal of COSYFOP headquarters on 21 February 2020; (iii) a government campaign against organizations affiliated with COSYFOP; (iv) judicial harassment against the following trade union delegates: Mr Raouf Mellal, President of COSYFOP; Mr Hamza Kherroubi, President of the National Union of Personal-Care Workers (SNAS); Mr Ayoub Merine, President of the National Federation of Social Security Fund Workers; Mr Benzine Slimane, Member of the Board of COSYFOP; Mr Nasser Hamitouche, COSYFOP Delegate, wilaya of Alger; Ms Tym Kadri, President of the Education Sector Staff Federation; Mr Omar Harid, General Secretary of the wilaya of Guelma office of COSYFOP; and Mr Mohamed Essalih Bensdira, President of the COSYFOP National Committee for the Unemployed; (v) the observations submitted by COSYFOP on the draft amendment to Act No. 90-14 were ignored by the Government.

The Committee previously noted the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019, relating to legislative matters, most of which are already being examined by the Committee, and denouncing the persistence of violations of the Convention in practice. In particular, the ITUC alleges that the authorities are still making use of discretionary power to refuse the registration of certain unions. The Committee also noted the observations of the International Organisation of Employers (IOE), received on 30 August and 1 September 2019, containing the Employers’ statements made before the 2019 Committee on the Application of Standards of the International Labour Conference. Lastly, the Committee noted the observations of COSYFOP, received on 28 August, 11 October and 13 November 2019 concerning serious obstacles to its freedom to organize its activities and making proposals for the current legislative reform in relation to the application of the Convention.

Given the seriousness of the alleged acts, the Committee urges the Government to provide its comments in reply to the observations which it refers to above, insofar as not already addressed in the Government’s November 2020 reply which the Committee refers to below, and, in particular, to provide detailed information concerning the allegations of closure of union premises and the arrest and conviction of trade union delegates, as well as those of the COSYFOP concerning the difficulties encountered in establishing an affiliated union in an engineering and construction enterprise.

The Committee notes the following information provided by the Government in November 2020 in reply to certain comments: (i) the Government reports on the situation with regard to the registration of trade unions. The Committee refers to this information below; (ii) the Government indicates that the arrest of Mr Chouicha, Coordinator of the SESS, was not linked to his trade union activities but to activities disruptive to public order by the dissemination of destabilizing political pamphlets encouraging civil disobedience; he was subsequently released; (iii) the Government refers to the case of Mr Mellal, President of COSYFOP, recalling a decision handed down by the Supreme Court in October 2019 upholding his dismissal for professional misconduct. According to the Government, Mr Mellal practices a liberal profession and lost his credibility as a trade union representative because of his statements calling for political change by violence. The Committee observes that the professional situation of Mr Mellal was examined by the Committee on Freedom of Association, which made a number of recommendations (see 392nd Report, October 2020, Case No. 3210).

The Committee notes that the high-level mission called for by the Committee on the Application of Standards in June 2018 visited Algiers in May 2019. The mission subsequently submitted a report containing its analysis of the pending issues relating to the application of the Convention, and made recommendations. The Committee notes that the acceptance of the mission and manner in which it took place are a positive signal of the will of the Government to make progress in addressing the issues that have been pending for many years. The Committee has benefited from the information gathered by the mission during the meetings that it held, and from its conclusions and recommendations, all of which contribute to a more empirical understanding of the legal and practical difficulties relating to the exercise of freedom of association in the country.

The Committee notes the discussion in the Conference Committee in June 2019 concerning the application of the Convention by Algeria. The Committee observes that, although the Conference Committee noted positively that the Government had accepted a high-level mission, it nevertheless expressed concern at the persistence of restrictions on the right of workers to establish and join trade union organizations, federations and confederations of their own choosing and the continued absence of tangible progress in bringing the legislation into compliance with the Convention. In its conclusions, the Conference Committee urged the Government to: (i) ensure that the registration of trade unions in law and in practice is in compliance with the Convention; (ii) process pending applications for the registration of free and independent trade unions, which have met the requirements set out by the law, and allow the free formation and functioning of trade unions; (iii) review the decision to dissolve the Autonomous National Union of Electricity and Gas Workers (SNATEGS); (iv) systematically and promptly provide trade union organizations with all necessary and detailed information to enable them to take corrective action or complete additional formalities for their registration; (v) amend section 4 of Act No. 90-14 in order to remove obstacles to the establishment by workers of organizations, federations and confederations of their own choosing, irrespective of the sector to which they belong; (vi) amend section 6 of Act No. 90-14 in order to recognize the right of all workers, without distinction whatsoever, to establish trade unions; (vii) take all appropriate measures to guarantee that, irrespective of trade union affiliation, the right to freedom of association can be exercised in normal conditions with respect for civil liberties and in a climate free of violence, pressure and threats; (viii) ensure impartial investigation and due process rights in order to guarantee the rule of law; (ix) reinstate employees of the Government terminated based on anti-union discrimination, where appropriate; and (x) ensure that the new draft Labour Code is adopted with no further delay and is in compliance with the text of the Convention. The Committee notes that, as requested, the Government subsequently provided in its report detailed information on the action taken on the recommendations of the Conference Committee.

Legislative issues

Amendment of the Act on the exercise of the right to organize and reform of the Labour Code. The Committee recalls that the Government has been referring since 2011 to the process of reforming the Labour Code with a view to responding to the Committee’s concerns relating to the application of the Convention. The Committee notes that the Government informed the high level mission of its intention to take a new initiative to respond rapidly to the comments calling for the amendment of sections 2, 4 and 6 of Act No. 90-14 on the exercise of the right to organize. This new initiative would consist of, during a first stage, revising the provisions referred to above and disassociating these amendments from the broader process of the revision of the whole of the Labour Code, which would be carried out during a second phase. However, the consultation procedures and time schedule remained to be determined. After noting from the meetings with workers’ and employers’ organizations that no discussions or consultations on the draft Labour Code had been held since 2017, the mission recommended the Government to engage without delay in the preparation of draft texts to amend the provisions of Act No. 90-14, in accordance with the Committee’s recommendations, and to pursue the work of bringing the draft Labour Code into conformity with the technical comments provided by the Office in 2015, all in consultation with all of the social partners. In June 2019, the Government confirmed to the Conference Committee that it wishes to update the text revising the Labour Code in light of the amendments proposed by the Office and in consultation with all the economic and social partners.

The Committee notes the supplementary information provided by the Government indicating that the preliminary draft Bill to amend and supplement Act No. 90-14 has been prepared and submitted for their views to 47 workers’ and employers’ organizations and 27 ministerial departments. According to the Government, this preliminary draft Bill amends all the provisions on which the Committee has been commenting. Furthermore, the Government indicates that it was able to benefit from the Office’s technical comments in February 2020 and that the latest version of the preliminary draft Bill takes due account thereof. The Government reports that the draft Bill is currently being discussed by the General Secretariat of the Government with a view to its adoption by the Government Council and then the Council of Ministers, prior to its transmission to Parliament. Furthermore, the Government refers to a new version of the Labour Code which includes the Office’s 2015 comments. It indicates that the new text will be submitted for consultation with the economic and social partners and that the final version will then be submitted to the authorities with competence for its approval and enactment. The Committee welcomes the Government’s indication that its comments have been taken into account in the text to amend Act No. 90-14 and that the new version, as well as the new version of the draft text revising the Labour Code have taken into account the Office’s technical comments. With regard to the amendments to Act No. 90-14, the Committee refers to its comments below. In relation to the Labour Code, the Committee refers to the comments contained in its direct request. The Committee expects that the Government will take all the necessary measures to complete, without delay, the legislative reform called for by the Committee with a view to giving full effect to the provisions of the Convention and that it will rapidly be in a position to report progress in this regard.

Article 2 of the Convention. Right to establish trade union organizations. The Committee recalls that its previous comments related to section 6 of Act No. 90-14, which restricts the right to establish a trade union organization to persons who are originally of Algerian nationality or who acquired Algerian nationality at least ten years earlier. The Committee notes the Government’s indication that the Bill includes an amendment to section 6 which removes the nationality requirement, which will permit foreign workers and employers to establish organizations and, under condition of three years’ residence and in accordance with the terms and conditions established in the statutes, to become members of the executive and administrative bodies of trade unions. The Committee trusts that section 6 of Act No. 90-14 will be amended soon so that the right to establish a trade union organization and to take up positions in the management or administration thereof is recognized for all workers, irrespective of nationality.

Article 5. Right to establish federations and confederations. The Committee recalls its previous comments relating to sections 2 and 4 of Act No. 90 14, which, read jointly, have the effect of restricting the establishment of federations and confederations in an occupation, branch or sector of activity. The Committee previously noted the Government’s indication that section 4 of the Act would be amended to include a definition of federations and confederations. The Committee notes that, in its report, the Government merely indicates that the draft text revising Act No. 90-14 clarifies the concepts of central organizations, federations and confederations with a view to permitting their establishment irrespective of the sectors covered by their member unions. The Committee welcomes the Government’s indication that the most recent amendment to section 4 of the Act will allow trade union organizations to establish federations, unions and confederations irrespective of the occupation, branch or sector to which they belong. The Committee trusts that section 4 of Act No. 90-14 will be amended soon in order to remove any obstacles to the establishment of federations and confederations by workers’ organizations, irrespective of their sector.

Article 3. Restrictions on access to trade union office. Finally, the Committee notes the observation made by the high-level mission concerning the application of section 2 of Act No. 90-14, which could in practice limit the full enjoyment and exercise of freedom of association. According to the mission, the use of the term “salaried employees” in section 2 of Act No. 90-14 could have the consequence in practice of limiting access to trade union office. The discussions held by the mission revealed that the dismissal of a trade union leader (or a founder member of an organization awaiting approval) in a specific enterprise or administrative body resulted in the loss of the status of salaried employee, and consequently de jure of the status of trade union officer under the terms of section 2 of Act No. 90-14. The mission observed that this situation was liable to prejudice the freedom of action of the organization and its right to elect its representatives in full freedom. In this regard, the Committee recalls that it considers that the requirement to belong to an occupation or to an enterprise in order to be able to hold trade union office is a requirement that infringes the right of organizations to draw up their constitutions and to elect their representatives in full freedom. It prevents trade unions from being able to elect qualified persons (such as full-time union officers or pensioners) or deprives them of the experience of certain officers when they are unable to provide enough qualified persons from among their own ranks. There is also a real risk of interference by the employer through the dismissal of trade union officers, which deprives them of their trade union office (see the 2012 General Survey on the fundamental Conventions, paragraph 102). In light of the above, the Committee requested the Government to consult the social partners urgently on the measures to be taken to amend the requirements resulting from the application of section 2 of Act No. 90-14 so that trade union office in an enterprise or establishment is no longer restricted to persons employed by the enterprise or establishment, or to remove the requirement to belong to the occupation or to be an employee for at least a reasonable proportion of trade union officers. In the supplementary information provided, the Government indicates that genuine representation of workers before the employer, particularly through the union branch, which is democratically elected by members, is valuable not only because of its experience in the enterprise in question but also because it is familiar with the organization and culture of the enterprise. According to the Government, the definition of the term “worker” is linked with the matter of remuneration, paid in exchange for the effort made by the worker. This definition creates an employment relationship and a legal bond giving rise to rights and obligations for both parties to the employment relationship. Lastly, recalling that no trade union organization has raised the question of trade union representation, the Government indicates that the matter of the appointment by trade union organizations of persons from outside “employer bodies” could be envisaged under certain conditions and that a consultation on that issue will be held with the social and economic partners. The Committee expects that the Government will initiate without delay consultations with the social partners with regard to the granting of authorization for trade union representation to persons from outside the enterprise or establishment. It recalls the need to amend the requirements resulting from the application of section 2 of Act No. 90-14 so that trade union office in an enterprise or establishment is no longer restricted to persons employed by the enterprise or establishment in question, or to remove the requirement to belong to the occupation or to be an employee for at least a reasonable proportion of trade union officers.

Registration of trade unions in practice

The Committee recalls that it has been commenting for many years on the issue of the particularly long delays, sometimes amounting to several years, in the processing of applications for the registration of trade unions or the refusal by the authorities to register certain independent trade unions without giving reasons.

The Committee notes that the Government informed the high-level mission, as well as the Conference Committee, of the recent initiative by the Ministry of Labour to update the files on the establishment of unions and to invite organizations which wish to register or for which the applications are under examination to meet with the Ministry to bring up to date the administrative documents, and particularly those relating to their occupational situation. According to the Government’s report and the supplementary information provided, this initiative resulted in the registration of 138 representative organizations (91 workers’ organizations and 47 employers’ organizations) by the month of March 2020.

The Committee also notes the following information provided by the Government concerning the registration of unions referred to in its previous comments: (i) the Autonomous National Union of Cleaning and Sanitation Workers (SNATNA) and the National Union of Mobilis Workers (SNTM) have been registered; (ii) the Autonomous Algerian Union of Transport Workers (SAATT) and the Autonomous Union of Attorneys of Algeria (SAAVA) have not yet responded to the communications from the Ministry requesting them to update their applications for registration. Efforts by the public authorities to contact these unions have been unsuccessful; (iii) the Government reports that the Higher Education Teachers Solidarity Union (SESS) was registered in February 2020; (iv) the processing of the files for the establishment of the Autonomous National Union of Paper and Packaging Manufacture and Transformation Workers (SNATFTPE), the Autonomous National Union of Wood and Derivative Manufacturing Workers (SNATMBD) and the Autonomous National Union of EUREST Workers of Algeria (SNATE) are the territorial responsibility of the wilaya or commune. According to the Government, efforts by the public authorities to contact these unions have been unsuccessful; (v) the file for the establishment of the Algerian Union of Employees of the Public Administration (SAFAP) is pending due to a dispute concerning a disagreement between the founding members relating to the presidency of the organization; a conciliation attempt is under way, however, and the Government will keep the Office informed on progress in this case; (vi) the Government reiterates that the General and Autonomous Confederation of Workers of Algeria (CGATA) has not provided documents concerning its establishment in accordance with the provisions of the Act as it is not composed of any legally established union, as required by the law, which requires any confederation to be established by a group of legally registered or established unions; and (vii) according to the Government, persons unrelated to the Trade Union Confederation of Productive Workers (COSYFOP) obtained possession of the registration receipt of the organization without the presence of any member or affiliate. However, the Government admits that the COSYFOP is composed of three legally constituted unions.

The Government adds that, to give effect to the recommendations of the Conference Committee, exchanges of communications and meetings with the representatives of unions seeking registration are now recorded in reports co-signed by the applicants. Finally, the Government indicates that it is currently engaged in the preparation of a manual on the procedures for the registration of unions.

The Committee welcomes the follow-up information provided by the Government and requests it to continue providing updated information on the processing of applications for the registration of trade unions. The Committee refers below to the specific situation of certain unions.

The Committee notes the points indicated below that the high-level mission raised concerning the registration of unions and which it considers to be particularly pertinent. In the first place, the mission observed that the legislative provisions setting out the conditions for the establishment of federations and confederations of unions covering different sectors appear to be interpreted in an inconsistent and very restrictive manner according to the organizations concerned. The mission accordingly noted the case of a confederation that was not provided with a receipt on the grounds that it groups together affiliates from several sectors while, in another case, it noted the registration of an employers’ organization in February 2019 which has affiliates from four different sectors. The mission was also informed of the case of a trade union confederation with affiliates in several sectors. The mission therefore recommended that the Government adopt a consistent position in practice and to accept the possibility for organizations to be composed of affiliates from different occupations, branches and sectors, in line with the Committee’s comments concerning the application of sections 2 and 4 of Act No. 90-14. The mission also therefore requested that the Government register any organizations in this situation which apply for registration. The Committee also notes that the mission observed inconsistencies in the content of the communications denying registration. In most cases, the administration’s communication merely indicates that “the application to certify the establishment of the organization does not meet the conditions set out by Act No. 90-14 of 2 June 1990 on the exercise of the right to organize and it requests the applicant to abide by that Act”, without other comments. The mission therefore encouraged the Government to systematically and rapidly provide the organizations with all the necessary information to enable them to take corrective measures or to fulfil additional formalities for their registration.

In general, while welcoming the efforts made by the Government to clarify the manner in which the administration processes applications for the registration of unions, the Committee is nevertheless concerned by the fact that the registration of most of the federations and unions referred to in its comments, and particularly the CGATA, SAAVA and SAATT, remain pending. The Committee also notes the explanations provided on the denial of registration by the administration for the Confederation of Algerian Unions (CSA), COSYFOP and SAFAP, the representatives of which were able to meet with the high-level mission. The Committee notes that, taking into account the information provided both by the organizations themselves and by the authorities, the mission recommended the Government to proceed on an urgent basis with the registration of the CGATA, CSA and SAFAP.

The Committee notes with regret that the Government confines itself essentially to providing in its report and the supplementary information provided in 2020 the same explanations that it had previously furnished on the rejection of the applications for registration in the case of the organizations referred to above, most of which are based on a reading of the legislative provisions which, as recalled above by the Committee, are not in conformity with the Convention. The Government should also take into account the process of the amendment of these provisions which it has commenced in order to give effect to the Convention. The Committee therefore expects that the Government will take due account of the elements recalled above in reconsidering on an urgent basis the applications for the registration of the CGATA, CSA and COSYFOP. It also refers to the recommendations of the high-level mission and calls on the Government to register the SAFAP as soon as the internal dispute to which it refers is resolved. It expects the Government to be able to report, without further delay, tangible progress in the positive processing of these applications for registration which, in certain cases, have been pending for several years. The Committee also once again encourages the Government to provide systematically and rapidly to the organizations for which registration is denied by the administration all the necessary information to enable them to take corrective measures and to fulfil the additional formalities required for their registration.

With regard to the situation of the Autonomous National Union of Electricity and Gas Workers (SNATEG), the observations of which, received in July 2018, reported numerous obstacles to its freedom to organize its activities, the Committee recalls that SNATEG presented a complaint to the Committee on Freedom of Association, which once again ruled on the merits of the case (see 392nd Report, October 2020, Case No. 3210) and formulated recommendations including calling on the Government to conduct an independent investigation to determine the circumstances that led to the administrative decision recognizing voluntary dissolution of SNATEG, despite evidence presented by the union that no such voluntary dissolution had occurred. Referring to the recommendations made by the Conference Committee in June 2019, the Committee on Freedom of Association requested the Government to review the decision to dissolve SNATEG without delay. Lastly, that Committee urged the Government to implement its recommendations without delay in order to ensure an environment in the industrial energy enterprise concerned in which trade union rights are respected and guaranteed for all trade union organizations, and in which workers are able to join the union of their choice, elect their representatives and exercise their trade union rights without fear of reprisals and intimidation. The Committee requests the Government to indicate the measures taken to give effect to the recommendations of the Committee on Freedom of Association in this regard.

In general, in view of the measures that it is taking to address the legal and practical issues raised in relation to the implementation of the Convention, the Committee trusts that the Government will continue to avail itself of the technical assistance of the Office.

The Committee is raising other matters in a request addressed directly to the Government that reiterates the content of its direct request adopted in 2019.

[The Government is asked to reply in full to the present comments in 2022.]

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

The Committee notes the information provided by the Government in reply to the 2018 observations of the International Trade Union Confederation (ITUC) concerning the application in practice of certain provisions of Act No. 90-02 of 6 February 1990 on the prevention and resolution of collective labour disputes and the exercise of the right to strike.

Minimum service. The Committee previously requested the Government to provide copies of the texts determining essential services and services of public utility under the terms of Act No. 90-02. In its reply, the Government refers to section 37 of the Act, which provides that where the strike relates to activities the total interruption of which is liable to prejudice the continuity of essential public services, vital economic activities, the provision of supplies to the population or the maintenance of installations and property, the continuation of indispensable activities shall be organized in the form of a compulsory minimum service or through negotiations. The Government also refers to section 38 of the Act, which determines the fields in which a compulsory minimum service shall be organized in the event of a strike. The Committee requests the Government to specify the manner in which in practice minimum services are determined in each of the fields covered by sections 37 and 38 of Act No. 90-02 and the extent to which the representative organizations concerned participate in each instance. The Committee requests the Government to indicate, in this regard, the occasions in recent years that this provision of Act No. 90-02 has been applied, with an indication, in each case, of the percentage of workers concerned by the compulsory minimum service decided upon. The Committee also requests the Government to provide examples of collective agreements or accords concluded under the terms of section 39 of the Act for the determination of minimum services in the event of a strike.

National Arbitration Commission. Noting the Government’s reply concerning the functions and composition of the National Arbitration Commission set out in section 48 of Act No. 90-12, the Committee requests the Government to provide examples of situations that have been referred to the National Arbitration Commission.

Articles 2, 3 and 5 of the Convention. Legislative amendments. The Committee recalls that the Government has been referring since 2011 to the process of the adoption of the Act revising the Labour Code and that the Committee’s previous comments referred to the draft text provided by the Government in 2015. In its latest report, the Government refers to a new version of the Labour Code and indicates that the Office’s 2015 comments have been taken into account in this regard. It adds that the new text will be submitted for consultation with the social and economic partners and that the final version will then be submitted to the authorities with competence for its approval and enactment. The Committee observes that the Government has not provided a copy of the latest version of the draft Labour Code. The Committee trusts that the comments that it reiterates below have been taken into account in the amendment of the corresponding provisions of the definitive draft text of the Labour Code in order to ensure that it is in conformity with the Convention:

• -Sections 510 to 512 of the draft text. The Committee notes that sections 510 and 511 refer to organizations in the same occupations, branches or sectors of activity for the purpose of the establishment of unions, federations or confederations. These provisions have the effect of preventing trade unions, irrespective of the sector to which they belong, from establishing federations and confederations of their own choosing, in accordance with Article 5 of the Convention. The Committee requests the Government to amend sections 510 and 511 by removing the reference to the same occupations, branches or sectors of activity, in order to remove any obstacle to the establishment of federations and confederations of their choice by workers’ and employers’ organizations, irrespective of the sector to which they belong.
• -Section 514. The Committee notes that this provision restricts the right to establish trade unions to persons who are originally of Algerian nationality or who acquired Algerian nationality at least five years earlier. This provision is contrary to Article 2 of the Convention, which recognizes the right to establish and join trade unions or employers’ organizations without distinction, including on the basis of nationality. The Committee requests the Government to amend section 514 so that it recognizes the right of all workers, without distinction on the basis of nationality, to establish trade unions.
• -Section 517. The Committee requests the Government to clarify the last paragraph of this provision by specifying the publicity requirements applicable to trade unions when they are established.
• -Section 525. The Committee requests the Government to submit for consultation with the social partners the second paragraph of this provision, which requires the publication in two national daily newspapers, one of which is in a national language, of information on the amendment of statutes or changes in executive committees, so that they may be challenged by third parties.
• -Section 534. The Committee notes that, under this section, gifts and bequests from foreign trade unions or organizations may only be received following authorization by the public authorities which verify the origin, amount, compatibility with the objective declared by the statutes of the trade union, and the constraints to which they may give rise. This provision is contrary to Articles 3 and 5 of the Convention, under which national workers’ and employers’ organizations should have the right to receive financial assistance from international workers’ and employers’ organizations without being required to obtain prior authorization. The Committee requests the Government to amend section 534 by removing the requirement to obtain prior authorization from the public authorities.

[The Government is asked to reply in full to the present comments in 2021.]

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

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019, relating to legislative matters, most of which are already being examined by the Committee, and denouncing the persistence of violations of the Convention in practice. In particular, the ITUC alleges that the authorities are still making use of discretionary power to refuse the registration of certain unions. The Committee also notes the observations of the International Organisation of Employers (IOE), received on 30 August and 1 September 2019, containing the Employers’ statements made before the 2019 Committee on the Application of Standards of the International Labour Conference. The Committee notes the observations of the Trade Union Confederation of Productive Workers (COSYFOP), received on 28 August, 11 October and 13 November 2019 concerning serious obstacles to its freedom to organize its activities and making proposals for the current legislative reform in relation to the application of the Convention. The Committee requests the Government to provide its comments in reply to the observations referred to above, including those dated 13 November 2019 of the COSYFOP concerning the difficulties encountered in establishing an affiliated union in an engineering and construction enterprise.

The Committee notes that the high-level mission called for by the Commission on the Application of Standards in June 2018 visited Algiers in May 2019. The mission subsequently submitted a report containing its analysis of the pending issues relating to the application of the Convention, and made recommendations. The Committee notes that the acceptance of the mission and manner in which it took place are a positive signal of the will of the Government to make progress in addressing the issues that have been pending for many years. The Committee has benefited from the information gathered by the mission during the meetings that it held, and from its conclusions and recommendations, all of which contribute to a more empirical understanding of the legal and practical difficulties relating to the exercise of freedom of association in the country.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 108th Session, June 2019)

The Committee notes the discussion in the Conference Committee in June 2019 concerning the application of the Convention by Algeria. The Committee observes that, although the Conference Committee noted positively that the Government had accepted a high-level mission, it nevertheless expressed concern at the persistence of restrictions on the right of workers to establish and join trade union organizations, federations and confederations of their own choosing and the continued absence of tangible progress in bringing the legislation into compliance with the Convention. In its conclusions, the Conference Committee urged the Government to: (i) ensure that the registration of trade unions in law and in practice is in compliance with the Convention; (ii) process pending applications for the registration of free and independent trade unions, which have met the requirements set out by the law, and allow the free formation and functioning of trade unions; (iii) review the decision to dissolve the Autonomous National Union of Electricity and Gas Workers (SNATEGS); (iv) systematically and promptly provide trade union organizations with all necessary and detailed information to enable them to take corrective action or complete additional formalities for their registration; (v) amend section 4 of Act No. 90-14 in order to remove obstacles to the establishment by workers of organizations, federations and confederations of their own choosing, irrespective of the sector to which they belong; (vi) amend section 6 of Act No. 90-14 in order to recognize the right of all workers, without distinction whatsoever, to establish trade unions; (vii) take all appropriate measures to guarantee that, irrespective of trade union affiliation, the right to freedom of association can be exercised in normal conditions with respect for civil liberties and in a climate free of violence, pressure and threats; (viii) ensure impartial investigation and due process rights in order to guarantee the rule of law; (ix) reinstate employees of the Government terminated based on anti-union discrimination, where appropriate; and (x) ensure that the new draft Labour Code is adopted with no further delay and is in compliance with the text of the Convention. The Committee notes that, as requested, the Government subsequently provided in its report detailed information on the action taken on the recommendations of the Conference Committee.

Legislative issues

Amendment of the Act on the exercise of the right to organize and reform of the Labour Code. The Committee recalls that the Government has been referring since 2011 to the process of reforming the Labour Code with a view to responding to the Committee’s concerns relating to the application of the Convention. The Committee notes that the Government informed the high level mission of its intention to take a new initiative to respond rapidly to the comments calling for the amendment of sections 2, 4 and 6 of Act No. 90-14 on the exercise of the right to organize. This new initiative would consist of, during a first stage, revising the provisions referred to above and disassociating these amendments from the broader process of the revision of the whole of the Labour Code, which would be carried out during a second phase. However, the consultation procedures and time schedule remained to be determined. After noting from the meetings with workers’ and employers’ organizations that no discussions or consultations on the draft Labour Code had been held since 2017, the mission recommended the Government to engage without delay in the preparation of draft texts to amend the provisions of Act No. 90-14, in accordance with the Committee’s recommendations, and to pursue the work of bringing the draft Labour Code into conformity with the technical comments provided by the Office in 2015, all in consultation with all of the social partners. In June 2019, the Government confirmed to the Conference Committee that it wishes to update the text revising the Labour Code in light of the amendments proposed by the Office and in consultation with all the economic and social partners.

The Committee notes the Government’s indication in its report that a preliminary draft Bill to amend and supplement Act No. 90-14 has been prepared and submitted for their views to 45 workers’ and employers’ organizations and 27 ministerial departments. According to the Government, this preliminary draft Bill amends all the provisions on which the Committee has been commenting. Furthermore, the Government refers to a new version of the Labour Code which includes the Office’s 2015 comments. It indicates that the new text will be submitted for consultation with the economic and social partners and that the final version will then be submitted to the authorities with competence for its approval and enactment. The Committee welcomes the Government’s indication that its comments have been taken into account in the text to amend Act No. 90-14 and that the new version of the draft text revising the Labour Code has taken into account the Office’s technical comments. With regard to the amendments to Act No. 90-14, the Committee refers to its comments below. In relation to the Labour Code, the Committee refers to the comments contained in its direct request. Noting that the Government has not provided with its report a copy of either the draft Bill to amend Act No. 90-14 or the preliminary draft revision of the Labour Code, the Committee invites the Government to provide copies of these texts once they have been finalized and recalls in this regard the possibility for the Government to have recourse to the technical assistance of the Office. In general, the Committee trusts that the Government will take all the necessary measures to complete, without further delay, the legislative reform called for by the Committee with a view to giving full effect to the provisions of the Convention and that it will rapidly be in a position to report progress in this regard.

Article 2 of the Convention. Right to establish trade union organizations. The Committee recalls that its previous comments related to section 6 of Act No. 90-14, which restricts the right to establish a trade union organization to persons who are originally of Algerian nationality or who acquired Algerian nationality at least ten years earlier. The Committee notes the Government’s indication that the Bill includes an amendment to section 6 which removes the nationality requirement, which will permit foreign workers and employers to establish organizations and, under certain conditions, to become members of the executive and administrative bodies of trade unions. The Committee requests the Government to indicate the conditions set out in the draft revision relating to access to office in the executive and administrative bodies of trade unions.

Article 5. Right to establish federations and confederations. The Committee recalls its previous comments relating to sections 2 and 4 of Act No. 90 14, which, read jointly, have the effect of restricting the establishment of federations and confederations in an occupation, branch or sector of activity. The Committee previously noted the Government’s indication that section 4 of the Act would be amended to include a definition of federations and confederations. The Committee notes that, in its report, the Government merely indicates that the draft text revising Act No. 90-14 clarifies the concepts of central organizations, federations and confederations with a view to permitting their establishment irrespective of the sectors covered by their member unions. The Committee requests the Government to indicate the definitions set out in the draft text concerning central organizations, federations and confederations, and the provisions intended to remove any obstacles to the establishment of federations and confederations by workers’ organizations, irrespective of their sector.

Article 3. Restrictions on access to trade union office. Finally, the Committee notes the observation made by the high-level mission concerning the application of section 2 of Act No. 90-14, which could in practice limit the full enjoyment and exercise of freedom of association. According to the mission, the use of the term “salaried employees” in section 2 of Act No. 90-14 could have the consequence in practice of limiting access to trade union office. The discussions held by the mission revealed that the dismissal of a trade union leader (or a founder member of an organization awaiting approval) in a specific enterprise or administrative body resulted in the loss of the status of salaried employee, and consequently de jure of the status of trade union officer under the terms of section 2 of Act No. 90-14. The mission observed that this situation was liable to prejudice the freedom of action of the organization and its right to elect its representatives in full freedom. In this regard, the Committee recalls that it considers that the requirement to belong to an occupation or to an enterprise in order to be able to hold trade union office is a requirement that infringes the right of organizations to draw up their constitutions and to elect their representatives in full freedom. It prevents trade unions from being able to elect qualified persons (such as full-time union officers or pensioners) or deprives them of the experience of certain officers when they are unable to provide enough qualified persons from among their own ranks. There is also a real risk of interference by the employer through the dismissal of trade union officers, which deprives them of their trade union office (see the 2012 General Survey on the fundamental Conventions, paragraph 102). In light of the above, the Committee requests the Government to consult the social partners urgently on the measures to be taken to amend the requirements resulting from the application of section 2 of Act No. 90-14 so that trade union office in an enterprise or establishment is no longer restricted to persons employed by the enterprise or establishment, or to remove the requirement to belong to the occupation or to be an employee for at least a reasonable proportion of trade union officers. The Committee requests the Government to report any progress in this respect.

Registration of trade unions in practice

The Committee recalls that it has been commenting for many years on the issue of the particularly long delays, sometimes amounting to several years, in the processing of applications for the registration of trade unions or the refusal by the authorities to register certain independent trade unions without giving reasons.

The Committee notes that the Government informed the high-level mission, as well as the Conference Committee, of the recent initiative by the Ministry of Labour to update the files on the establishment of unions and to invite organizations which wish to register or for which the applications are under examination to meet with the Ministry to bring up to date the administrative documents, and particularly those relating to their occupational situation. According to the Government’s report, this initiative resulted in the registration of 126 representative organizations (81 workers’ organizations and 45 employers’ organizations) by the month of October 2019.

The Committee also notes the following information provided by the Government concerning the registration of unions referred to in its previous comments: (i) the Autonomous National Union of Cleaning and Sanitation Workers (SNATNA) and the National Union of Mobilis Workers (SNTM) have been registered; (ii) the Autonomous Algerian Union of Transport Workers (SAATT) and the Autonomous Union of Attorneys of Algeria (SAAVA) have not yet taken responded to the communications from the Ministry requesting them to update their applications for registration; (iii) the Government has undertaken to provide information on developments in the processing of the application for the registration of the Higher Education Teachers Solidarity Union (SESS); (iv) the processing of the files for the establishment of the Autonomous National Union of Paper and Packaging Manufacture and Transformation Workers (SNATFTPE), the Autonomous National Union of Wood and Derivative Manufacturing Workers (SNATMBD) and the Autonomous National Union of EUREST Workers of Algeria (SNATE) are the territorial responsibility of the wilaya or commune. The organizations have been informed accordingly; (v) the file for the establishment of the Algerian Union of Employees of the Public Administration (SAFAP) is pending due to a dispute concerning a disagreement between the founding members relating to the presidency of the organization; (vi) the General and Autonomous Confederation of Workers of Algeria (CGATA) has not provided documents concerning its establishment in accordance with the provisions of the Act as it is not composed of any legally established union, as required by the law, which requires any confederation to be established by a group of legally registered or established unions; and (vii) persons unrelated to the Trade Union Confederation of Productive Workers (COSYFOP) obtained possession of the registration receipt of the organization without the presence of any member or affiliate. However, the Government admits that the COSYFOP is composed of three legally constituted unions.

The Government adds that, to give effect to the recommendations of the Conference Committee, exchanges of communications and meetings with the representatives of unions seeking registration are now recorded in reports co-signed by the applicants. Finally, the Government indicates that it is currently engaged in the preparation of a manual on the procedures for the registration of unions.

The Committee appreciates the follow-up information provided by the Government and requests it to continue providing updated information on the processing of applications for the registration of trade unions. The Committee refers below to the specific situation of certain unions.

The Committee notes the points indicated below that the high-level mission raised concerning the registration of unions and which it considers to be particularly pertinent. In the first place, the mission observed that the legislative provisions setting out the conditions for the establishment of federations and confederations of unions covering different sectors appear to be interpreted in an inconsistent and very restrictive manner according to the organizations concerned. The mission accordingly noted the case of a confederation that was not provided with a receipt on the grounds that it groups together affiliates from several sectors while, in another case, it noted the registration of an employers’ organization in February 2019 which has affiliates from four different sectors. The mission was also informed of the case of a trade union confederation with affiliates in several sectors. The mission therefore recommended that the Government adopt a consistent position in practice and to accept the possibility for organizations to be composed of affiliates from different occupations, branches and sectors, in line with the Committee’s comments concerning the application of sections 2 and 4 of Act No. 90-14. The mission also therefore requested that the Government register any organizations in this situation which apply for registration. The Committee also notes that the mission observed inconsistencies in the content of the communications denying registration. In most cases, the administration’s communication merely indicates that “the application to certify the establishment of the organization does not meet the conditions set out by Act No. 90-14 of 2 June 1990 on the exercise of the right to organize and it requests the applicant to abide by that Act”, without other comments. The mission therefore encouraged the Government to systematically and rapidly provide the organizations with all the necessary information to enable them to take corrective measures or to fulfil additional formalities for their registration.

In general, while welcoming the efforts made by the Government to clarify the manner in which the administration processes applications for the registration of unions, the Committee is nevertheless concerned by the fact that the registration of most of the federations and unions referred to in its comments, and particularly the CGATA, SESS, SAAVA and SATT, remain pending. The Committee also notes the explanations provided on the denial of registration by the administration for the Confederation of Algerian Unions (CSA), COSYFOP and SAFAP, the representatives of which were able to meet with the high-level mission. The Committee notes that, taking into account the information provided both by the organizations themselves and by the authorities, the mission recommended the Government to proceed on an urgent basis with the registration of the CGATA, CSA, SAFAP and SESS.

The Committee notes with regret that the Government confines itself essentially to providing the same explanations in its report that it had previously furnished on the rejection of the applications for registration in the case of the organizations referred to above, most of which are based on a reading of the legislative provisions which, as recalled above by the Committee, are not in conformity with the Convention. The Government should also take into account the process of the amendment of these provisions which it has commenced in order to give effect to the Convention. The Committee therefore expects that the Government will take due account of the elements recalled above in reconsidering on an urgent basis the applications for the registration of the CGATA, CSA and COSYFOP. It also refers to the recommendations of the high-level mission and calls on the Government to register on an urgent basis the SAFAP and the SESS. It expects the Government to be able to report, without further delay, tangible progress in the positive processing of these applications for registration which, in certain cases, have been pending for several years. The Committee also once again encourages the Government to provide systematically and rapidly to the organizations for which registration is denied by the administration all the necessary information to enable them to take corrective measures and to fulfil the additional formalities required for their registration.

With regard to the situation of the Autonomous National Union of Electricity and Gas Workers (SNATEGS), the observations of which, received in July 2018, reported numerous obstacles to its freedom to organize its activities, the Committee recalls that SNATEGS presented a complaint to the Committee on Freedom of Association, which in its recommendations called on the Government to ensure compliance with the provisions of the law to enable the union to exercise its activities and represent its members (Case No. 3210, 386th Report of the Committee on Freedom of Association). The Committee notes that the high level mission gathered more recent information on the case from the Government and the representatives of the union and that the Committee on Freedom of Association will once again examine the substance of the case in light of the information received.

In general, in view of the measures that it is taking to address the legal and practical issues raised in relation to the implementation of the Convention, the Committee trusts that the Government will avail itself of the technical assistance of the Office.

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

[The Government is asked to reply in full to the present comments in 2021.]

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2018, which once again raises issues concerning the application in practice of certain provisions of Act No. 90 02 of 6 February 1990 relating to the prevention and settling of collective labour disputes and the exercise of the right to strike. The ITUC once again regrets the discretionary determination and the excessively long lists of essential services (section 43 of the Act) and services of public utility (sections 37–39 of the Act); forced requisitioning of workers on strike (sections 41–42 of the Act), and the overly broad jurisdiction of the authority to refer a conflict to the National Arbitration Commission (section 48 of the Act). In the absence of information in this regard, the Committee once again requests the Government to provide a copy of the texts setting out the essential services and the services of public utility under Act No. 90-02, and to provide examples of situations which gave grounds for recourse to sections 41, 42 and 48 of Act No. 90-02.

Articles 2, 3 and 5 of the Convention. Legislative amendments. The Committee recalls that the Government has been referring since 2011 to the process of the adoption of the Act issuing the Labour Code. The Committee based its previous comments on the draft bill provided by the Government in 2015. In its reply to the June 2017 conclusions of the Conference Committee, the Government indicated that the latest version of the draft bill has been transmitted to the independent trade unions for their opinion and comments, and to the competent local government administrations. In its written communication of June 2018 to the Conference Committee, the Government indicates that it will make every effort to consult with its economic and social partners to formulate a Labour Code based on consensus that will consolidate the lessons learned from the experience of implementing the social legislation in force and respond to the expectations of economic partners. The Committee once again expresses the firm hope that the Government will take duly into account the following points that it reiterates based on the 2015 draft Labour Code, and that it will take all the necessary measures to amend the corresponding provisions of the final bill so as to ensure conformity with the Convention.

• -Sections 510–511 of the draft bill. The Committee notes that sections 510–511 refer to organizations in the same occupations, branches or sectors of activity for the purpose of the establishment of unions, federations or confederations. These provisions have the effect of preventing trade unions, irrespective of the sector to which they belong, from establishing federations and confederations of their own choosing, in accordance with Article 5 of the Convention. The Committee requests the Government to take the necessary measures to amend sections 510–511 by removing the reference to the same occupations, branches or sectors of activity, in order to remove any obstacle to the establishment by workers’ and employers’ organizations, irrespective of the sector to which they belong, of federations and confederations of their own choosing.
• -Section 514. The Committee observes that this provision restricts the right to establish trade unions to persons who are originally of Algerian nationality or who acquired Algerian nationality at least five years earlier. This provision is contrary to Article 2 of the Convention, which recognizes the right to establish and join trade unions or employers’ organizations without distinction, including on the basis of nationality. The Committee requests the Government to take the necessary measures to amend section 514 so that it recognizes the right of all workers, without distinction on the basis of nationality, to establish trade unions.
• -Section 517. The Committee requests the Government to clarify the last paragraph of this provision by specifying the publicity requirements applicable to trade unions when they are established.
• -Section 525. The Committee requests the Government to submit for consultation with the social partners the second paragraph of this provision, which requires the publication in two national daily newspapers, one of which is in the national language, containing information on the amendment of statutes or changes in executive committees, so that they may be challenged by third parties.
• -Section 534. The Committee notes that, under this section, gifts and bequests from foreign trade unions or organizations may only be received following authorization by the public authorities which verify the origin, amount, compatibility with the objective declared by the statutes of the trade union, and the constraints to which they may give rise. This provision is contrary to Articles 3 and 5 of the Convention, according to which national workers’ and employers’ organizations should have the right to receive financial assistance from international workers’ and employers’ organizations without being required to obtain prior authorization. The Committee requests the Government to take the necessary measures to amend section 534 by removing the requirement to obtain prior authorization from the public authorities.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2018, referring to legislative matters, most of which are already being examined by the Committee and, in addition, reporting persistent violations of the Convention in practice, particularly the prohibition to leave the country on the General Secretary of the National Autonomous Union of Public Administration Personnel (SNAPAP) while she was due to participate in the work of the June 2018 International Labour Conference; police intervention to prevent the General Assembly of the Algerian Union of Electronic Press Editors from being held in February 2018; and the fact that a trade union leader was brought before the courts following a call to hold a General Assembly for the Higher Education Teachers’ Union (SESS) in November 2017. The Committee also notes that the observations of the ITUC, supported by those of the General and Autonomous Confederation of Workers in Algeria (CGATA), received on 28 August 2018, refer to an unchanging situation regarding the particularly long delays and unjustified refusals of new applications for union registration. The Committee requests the Government to provide its comments in this regard.

The Committee notes the observations of the Autonomous National Union of Electricity and Gas Workers (SNATEGS), received on 5 July 2018 concerning the numerous obstacles to the freedom to organize its activities. In this regard, the Committee notes that at its June 2018 meeting, the Committee on Freedom of Association examined the complaint presented by SNATEGS and made recommendations requesting, in particular, the Government to ensure respect for legislative provisions to enable the trade union to carry out its activities and represent its members (Case No. 3210, 386th Report of the Committee on Freedom of Association). The Committee trusts that the Government will take all necessary measures in this regard and that it will report on tangible measures. Lastly, the Committee notes the observations received on 10 September 2018 of the Confederation of Productive Workers (COSYFOP), the National Union of Industrial Workers (SNSI) and the National Union of Energy Workers (SNT ENERGIE) alleging violations of the Convention in practice. It requests the Government to provide comments in this regard.

Given the continuing allegations concerning particularly serious obstacles to the exercise of freedom of to organize, the Committee is bound to recall that the ILO supervisory bodies have unceasingly stressed the interdependence between civil liberties and trade union rights, emphasizing that a truly free and independent trade union movement can only develop in a climate free from violence, pressure and threats of any kind against the leaders and members of such organizations (see the 2012 General Survey on the fundamental Conventions, paragraph 59). The Committee urges the Government to ensure respect of this principle.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 107th Session, May–June 2018)

The Committee notes the discussion that took place in the Conference Committee in June 2018, concerning the application of the Convention by Algeria. The Committee notes that, in its conclusions, the Conference Committee requested the Government to: (i) ensure that the registration of trade unions in law and in practice conforms with the Convention; (ii) process pending applications for the registration of trade unions which have met the requirements set out by law and allow the trade unions to freely carry out their activities; (iii) ensure that the new draft Labour Code is adopted in consultation with the most representative workers’ and employers’ representatives and that it is in compliance with the Convention; (iv) amend section 4 of Act No. 90-14 in order to remove obstacles to the establishment by workers’ organizations of federations and confederations of their own choosing, irrespective of the sector to which they belong; (v) amend section 6 of Act No. 90-14 in order to recognize the right of all workers, without distinction of any kind, to establish trade unions; (vi) ensure that freedom of association can be exercised in a climate free of intimidation and without violence against workers, trade unions, employers or employers’ organizations; (vii) provide further information on the prompt reinstatement of employees of the Government, terminated based on anti-union discrimination. Lastly, the Conference Committee urgently called on the Government to accept an ILO high-level mission and to report, as of the current year, progress to the Committee of Experts. The Committee notes that in a communication received on 13 November 2018 the Government contests certain conclusions of the Conference Committee that it considers selective, discriminatory and constituting an attack on national sovereignty and on the independence of the judiciary. The Government also indicates that since August 2018 it has been holding constructive discussions with the International Labour Office to find a solution to the situation. Noting that the high-level mission urged by the Conference Committee has not yet taken place, the Committee trusts that the Government will accept this mission in the near future to enable the Committee to note the measures taken and progress achieved in matters raised relating to the application of the Convention.

Legislative issues

Amendment of the Act issuing the Labour Code. The Committee once again recalls that the Government has been referring, since 2011, to the process of reforming the Labour Code. In its reply to the conclusions of the Conference Committee in June 2017, the Government indicated that the latest version of the draft of the new Labour Code had been transmitted to the independent trade unions for their opinion, and to local government sector departments. In June 2018, the Government indicated to the Conference Committee that no efforts were spared in the dialogue with its economic and social partners to produce a Labour Code based on consensus which will consolidate the lessons learned from the experience of implementing the social Acts in force and will meet the expectations of the economic stakeholders. Noting that the process has not yet been completed despite the passage of many years, the Committee urges the Government to take all the necessary measures with a view to completing, without any further delay, the reform of the Labour Code. The Committee, in a request addressed directly to the Government, is making comments on the 2015 version of the draft text relating to the application of the Convention, which it expects the Government will take duly into account in the adoption of the requested amendments.

With regard to the other legislative issues raised in its previous comments, the Committee notes with regret the absence of any tangible measure by the Government to implement the amendments requested since 2006. The Committee expects the Government to take all necessary measures in the near future to adopt the requested amendments to the following provisions.

Article 2 of the Convention. Right to establish trade union organizations. The Committee recalls that its comments focused on section 6 of Act No. 90-14 of 2 June 1990 on the exercise of the right to organize, which restricts the right to establish a trade union organization to persons who are originally of Algerian nationality or who acquired Algerian nationality at least ten years earlier. The Government previously indicated that the required period during which Algerian nationality must have been held has been reduced to five years and that this provision is currently being discussed with the social partners. In the absence of information in this regard, the Committee trusts that the discussions will shortly lead to the revision of section 6 of Act No. 90-14 to remove the requirement of nationality and ensure that the right of all workers is recognized, without distinction of this kind, to establish trade unions. The Committee also refers the Government to its comments in its direct request in which it asks the Government to amend the provisions in the draft Bill issuing the Labour Code on the same issue.

Article 5. Right to establish federations and confederations. The Committee recalls that its comments have related for many years to sections 2 and 4 of Act No. 90-14 which, read jointly, have the effect of restricting the establishment of federations and confederations in an occupation, branch or sector of activity. The Committee previously noted the Government’s indication that section 4 of the Act would be amended to include a definition of federations and confederations. In the absence of information in this regard, the Committee is bound to indicate once again that it expects that the Government will undertake, as soon as possible, the revision of section 4 of Act No. 90-14 in order to remove any obstacles to the establishment by workers’ organizations, irrespective of the sector to which they belong, of federations and confederations of their own choosing. The Committee also refers the Government to its comments in its direct request in which it asks the Government to amend the provisions of the draft Bill issuing the Labour Code on the same issue.

Registration of trade unions in practice

The Committee recalls that its comments have related for several years to the issue of particularly long delays in the registration of trade unions and to the apparently unjustified refusal of the authorities to register certain independent trade union organizations. In its previous comments, the Committee referred, in particular, to the situation of the CGATA, the Autonomous Union of Attorneys in Algeria (SAAA) and the Autonomous Algerian Union of Transport Workers (SAATT). The Committee notes the information provided by the Government to the Conference Committee in this regard. With regard to the SAATT, which submitted an application in 2014, the Government indicates that the application submitted did not correspond to the conditions set out in the provisions of Act No. 90-14, and that the authorities had highlighted in particular a lack of precision in the determination of the occupational category covered by the by-laws, which did not contain the provisions that have to be included in the by-laws as set out in section 21 of the Act. The Government indicated that the parties concerned had not replied nor requested details on their application. With regard to the SAAA, which submitted an application in 2015, the Government indicates that the authorities had found, in the union’s draft by-laws, categories of persons who had the status of salaried employees, and also those with the status of employers. The Government recalled that the Act made a distinction between a union of salaried employees and an employers’ organization and that the persons concerned had been informed of the need to comply with the provisions of legislation but had not replied. With regard to the CGATA, the Government once again recalls that this organization has been invited since 2015, the year it submitted its application, to bring its founding texts into conformity with legislation and that, to date, it has not replied to the request of the administration. The Government adds that the alleged president of the CGATA had been removed from his post under legal and regulatory procedures for abandoning his post to take unauthorized leave and that, owing to this situation, he had lost his status as a paid employee. In this regard, the Committee notes that, in their respective observations, the CGATA and the ITUC indicate that the authorities’ refusal to register the trade unions did not include any information on the issues to be amended in order to comply with the legislation, and that, to date, the authorities had not responded to the CGATA’s attempt to obtain these details. Furthermore, the Committee notes the observations of the ITUC concerning the particularly long delay to process the registration of the SESS, which submitted an application in 2012 and which delay is irrespective of the fact that the SESS had reformulated its by-laws as requested by the authorities. The Committee also notes with concern the list provided by the ITUC and the CGATA of nine trade unions which had applied for registration and had in the end dropped their applications because of the authorities’ demands and the time that passed without obtaining registration. Lastly, the Committee notes that the ITUC reports the fact that on 6 March 2018 the Government, without any legal framework, called on the 65 accredited trade unions in the country to prove their representativity by using a form on the website of the Ministry of Labour, Employment and Social Security, thereby excluding from the process all autonomous trade unions, including the CGATA and SNATEGS.

The Committee notes with regret that trade union registration remains particularly problematic, particularly given the conflicting information provided by the Government and the trade unions on the practice. The Committee recalls that, in its view, the regulations providing for formalities are not in themselves incompatible with the Convention, provided that they do not in practice impose a requirement of “previous authorization”, in violation of Article 2, or give the authorities discretionary power to refuse the establishment of an organization; nor must they constitute such an obstacle that they amount in practice to a pure and simple prohibition. The Committee also emphasizes that provision should be made for the possibility of an appeal against any administrative decision of this kind to be examined without delay by an independent and impartial jurisdiction. Lastly, in the view of the Committee, although the official recognition of an organization through its registration constitutes a relevant aspect of the right to organize, as it is the first measure to be taken so that organizations can fulfil their role effectively, the exercise of legitimate trade union activities should not be dependent upon registration (see the 2012 General Survey on the fundamental Conventions, paragraphs 82 and 83). The Committee expects the Government to ensure full respect of these principles. In this connection, the Committee encourages the Government to adopt the consistent practice of systematically and diligently providing the trade unions which apply for registration with, where relevant, prompt justifications in the case of refusal, in order that the unions are fully informed of the necessary corrective measures to be taken. The Committee urges the Government to ensure that the organizations which show interest are promptly informed of any additional formalities to be followed for their registration and that all necessary measures are taken by the competent authorities to ensure prompt registration of the organizations which have met legislative requirements. Therefore, the Committee expects that the Government will proceed as a matter of urgency to the registration of the CGATA, SESS, SAAA and SATT where they have met the requirements set out by law.

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

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

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2017, concerning the application in practice of certain provisions of Act No. 90-02 of 6 February 1990 relating to the prevention and settling of collective labour disputes and the exercise of the right to strike. The ITUC regrets the discretionary determination and the excessively long lists of essential services (section 43 of the Act) and services of public utility (sections 37 to 39 of the Act); forced requisitioning of workers on strike (sections 41 and 42 of the Act); and the overly broad jurisdiction of the authority to refer a conflict to the National Arbitration Commission (section 48 of the Act). The Committee notes the Government’s general reply indicating that the interruption of certain services, which it lists, risks causing severe crises and disrupting the proper functioning of the State institutions. The Committee requests the Government to provide a copy of the texts setting out the essential services and the services of public utility under Act No. 90-02, and to provide examples of situations which gave grounds for recourse to sections 41, 42 and 48 of Act No. 90-02.

Articles 2, 3 and 5 of the Convention. Legislative amendments. The Committee recalls that the Government has been referring since 2011 to the process of the adoption of the Act issuing the Labour Code. The Committee based its previous comments on the draft bill provided by the Government in 2015. It notes that, in its reply to the conclusions made in June 2017 by the Conference Committee on the Application of Standards of the International Labour Conference, the Government indicated that the latest version of the draft bill has been transmitted to the independent trade unions for their opinion, and to local government sector departments. The Committee once again expresses the firm hope that the Government will take duly into account the following points that it reiterates based on the 2015 draft Labour Code, and that it will take all the necessary measures to amend the corresponding provisions of the final bill so as to ensure conformity with the Convention:

• -Sections 510–512 of the draft bill: The Committee notes that sections 510 and 511 refer to organizations in the same occupations, branches or sectors of activity for the purpose of the establishment of “unions”, federations or confederations. These provisions have the effect of preventing trade unions, irrespective of the sector to which they belong, from establishing federations and confederations of their own choosing, in accordance with Article 5 of the Convention. The Committee requests the Government to take the necessary measures to amend sections 510–511 by removing the reference to the same occupations, branches or sectors of activity, in order to remove any obstacle to the establishment by workers’ and employers’ organizations, irrespective of the sector to which they belong, of federations and confederations of their own choosing.
• -Section 514: The Committee observes that this provision restricts the right to establish trade unions to persons who are originally of Algerian nationality or who acquired Algerian nationality at least five years earlier. This provision is contrary to Article 2 of the Convention, which recognizes the right to establish and join trade unions or employers’ organizations without distinction, including on the basis of nationality. The Committee requests the Government to take the necessary measures to amend section 514 so that it recognizes the right of all workers, without distinction on the basis of nationality, to establish trade unions.
• -Section 517: The Committee requests the Government to clarify the last paragraph of this provision by specifying the publicity requirements applicable to trade unions when they are established.
• -Section 525: The Committee requests the Government to submit for consultation with the social partners the second paragraph of this provision, which requires the publication in two national daily newspapers, one of which is in the national language, of information on the amendment of statutes or changes in executive bodies, so that they may be challenged by third parties.
• -Section 534: The Committee notes that, under this section, gifts and bequests from foreign trade unions or organizations may only be received following authorization by the public authorities which verify the origin, amount, compatibility with the objective declared by the statutes of the trade union, and the constraints to which they may give rise. This provision is contrary to Articles 3 and 5 of the Convention, according to which national workers’ and employers’ organizations should have the right to receive financial assistance from international workers’ and employers’ organizations without being required to obtain prior authorization. The Committee requests the Government to take the necessary measures to amend section 534 by abolishing the requirement to obtain prior authorization from the public authorities.

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

The Committee notes the observations of the International Organisation of Employers (IOE), received on 30 August 2017, which refer to the interventions of the Employer members during the discussion of the application of the Convention by Algeria in the Committee on the Application of Standards of the International Labour Conference at its last session in June 2017, as well as the conclusions adopted by the Conference Committee following the discussion. The Committee also notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2017, referring to legislative issues, most of which are already under examination by the Committee, and which denounce the persistent violations of the Convention in practice, particularly the reprisal measures by the employer following protest actions by the Autonomous National Union of Electricity and Gas Workers (SNATEGS) and police violence during demonstrations in the mining sector. The Committee notes the information provided by the Government in October 2017 in reply to the ITUC, both on certain legislative and practical issues. It notes in particular the reply concerning the dispute in the mining sector and observes that the SNATEGS presented a complaint to the Committee on Freedom of Association in April 2016 concerning serious violations of its trade union rights (Case No. 3210). In the light of the seriousness of the allegations and pending the examination of the case by the Committee on Freedom of Association, the Committee recalls that the ILO supervisory bodies have unceasingly stressed the interdependence between civil liberties and trade union rights, emphasizing that a truly free and independent trade union movement can only develop in a climate free from violence, pressure and threats of any kind against the leaders and members of such organizations (see General Survey on the fundamental Conventions, 2012, paragraph 59). The Committee expects that the Government will ensure respect of this principle.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017)

The Committee notes the discussion held in the Conference Committee in June 2017 concerning the application of the Convention by Algeria. The Committee notes that, in its conclusions, the Conference Committee requested the Government to: (i) ensure that the registration of trade unions in law and in practice conforms with the Convention; (ii) process pending applications for the registration of trade unions which have met the requirements set out by law and notify the Committee of Experts of the results in this regard; (iii) ensure that the new draft Labour Code is in compliance with the Convention; (iv) amend section 4 of Act. No. 90-14 in order to remove obstacles to the establishment by workers’ organizations of federations and confederations of their own choosing, irrespective of the sector to which they belong; (v) amend section 6 of Act No. 90-14 in order to recognize the right of all workers, without distinction on the basis of nationality, to establish trade unions; (vi) ensure that freedom of association can be exercised in a climate free of intimidation and without violence against workers, trade unions or employers; and (vii) reinstate employees of the Government, terminated based on anti-union discrimination. Lastly, emphasizing that the progress made in the application of the Convention remained unacceptably slow, the Conference Committee requested the Government to accept a direct contacts mission which should, as of the current year, report progress to the Committee of Experts. Noting that the direct contacts mission has not yet been conducted, the Committee notes the detailed information provided by the Government in October 2017 in response to the conclusions of the Conference Committee. While noting the information provided by the Government, the Committee hopes that the Government will accept in the near future the direct contacts mission to examine the measures taken and the progress achieved on issues relating to the application of the Convention.

Legislative issues

Amendment of the Act issuing the Labour Code. The Committee recalls that the Government has been referring, since 2011, to the process of reforming the Labour Code. In this regard, in its reply to the conclusions of the Conference Committee, the Government indicates that the latest version of the draft of the new Labour Code has been transmitted to the independent trade unions for their opinion, and to local government sector departments. Noting that the process has not yet been completed despite the passage of time, the Committee urges the Government to take all the necessary measures with a view to completing, without any further delay, the reform of the Labour Code. The Committee, in a request addressed directly to the Government, is making comments on the 2015 version of the draft text relating to the application of the Convention, which it expects the Government will take duly into account in the adoption of the requested amendments.

With regard to the other legislative issues raised in its previous comments, the Committee notes the absence of any tangible measure by the Government to implement the amendments requested since 2006. The Committee expects the Government to take all necessary measures in the near future to adopt the requested amendments to the following provisions.

Article 2 of the Convention. Right to establish trade union organizations. The Committee recalls that its comments focused on section 6 of Act No. 90-14 of 2 June 1990 on the exercise of the right to organize, which restricts the right to establish a trade union organization to persons who are originally of Algerian nationality or who acquired Algerian nationality at least ten years earlier. The Committee notes the Government’s indication that the required period during which Algerian nationality must have been held has been reduced to five years and that this provision is currently being discussed with the social partners. The Committee trusts that the current discussions will shortly lead to the revision of section 6 of Act No. 90-14 to remove the requirement of nationality and ensure that the right of all workers is recognized, without distinction of this kind, to establish trade unions. The Committee also refers the Government to its comments in its direct request in which it asks the Government to amend the provisions in the draft bill issuing the Labour Code on the same issue.

Article 5. Right to establish federations and confederations. The Committee recalls that its comments have related for many years to sections 2 and 4 of Act No. 90-14 which, read jointly, have the effect of restricting the establishment of federations and confederations in an occupation, branch or sector of activity. The Committee previously noted the Government’s indication that section 4 of the Act would be amended to include a definition of federations and confederations. In the absence of information on any new developments in this regard, the Committee expects that the Government will undertake, as soon as possible, the revision of section 4 of Act No. 90-14 in order to remove any obstacles to the establishment by workers’ organizations, irrespective of the sector to which they belong, of federations and confederations of their own choosing. The Committee also refers the Government to its comments in its direct request in which it asks the Government to amend the provisions of the draft bill issuing the Labour Code on the same issue.

Registration of trade unions in practice

The Committee recalls that its comments have related for several years to the issue of particularly long delays in the registration of trade unions and of the apparently unjustified refusal of the authorities for several years to register certain independent trade union organizations. The previous comments referred, in particular, to the situation of the General and Autonomous Confederation of Workers in Algeria (CGATA), the Autonomous Union of Attorneys in Algeria (SAAVA) and the Autonomous Algerian Union of Transport Workers (SAATT). Regarding the CGATA, the Government referred to the information provided by its representative to the Conference Committee that the organization had been invited, since 2015, to bring its fundamental texts into conformity with the law and that, up to now, the organization has not taken any measures to give effect to the request by the administration. The Committee notes that the Government has not provided the details requested on the nature of the amendments requested by the administration of the CGATA, nor any indication on the situation regarding the requests for registration of the SAAVA and the SAATT. The Committee urges the Government to guarantee the prompt registration of trade unions which have met the requirements set out by law and, if necessary, that the organizations in question are duly informed of the additional requirements that have to be met. Lastly, the Committee requests the Government to indicate as soon as possible any new developments concerning the registration process of the CGATA, the SAAVA and the SAATT.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 2, 3 and 5 of the Convention. Legislative amendments. The Committee notes that the Government has been referring since 2011 to the process of the adoption of the Act issuing the Labour Code. The Committee recalls that its previous comments were based on the draft bill provided by the Government in 2015. The Committee observes that, in its latest report, the Government does not provide a more up-to-date version of the draft bill. The Committee once again reiterates its firm hope that the Government will take duly into account the following points based on the draft bill of 2015 relating to the application of the Convention, and that it will take all the necessary measures to amend the following provisions of the draft bill issuing the Labour Code so as to bring them into conformity with the Convention:

• -Sections 510–512 of the draft bill: The Committee notes that sections 510 and 511 refer to organizations in the same occupations, branches or sectors of activity for the purpose of the establishment of “unions”, federations or confederations. These provisions have the effect of preventing trade unions, irrespective of the sector to which they belong, from establishing federations and confederations of their own choosing, in accordance with Article 5 of the Convention. The Committee requests the Government to amend sections 510–511 by removing the reference to the same occupations, branches or sectors of activity, in order to remove any obstacle to the establishment by workers’ and employers’ organizations, irrespective of the sector to which they belong, of federations and confederations of their own choosing.
• -Section 514: The Committee observes that this provision restricts the right to establish trade unions to persons who are originally of Algerian nationality or who acquired Algerian nationality at least five years earlier. This provision is contrary to Article 2 of the Convention, which recognizes the right to establish and join trade unions or employers’ organizations without distinction, including on the basis of nationality. The Committee requests the Government to amend section 514 so that it recognizes the right of all workers, without distinction on the basis of nationality, to establish trade unions.
• -Section 517: The Committee requests the Government to clarify the last paragraph of this provision by specifying the publicity requirements applicable to trade unions when they are established.
• -Section 525: The Committee requests the Government to submit for consultation with the social partners the second paragraph of this provision, which requires the publication in two national daily newspapers, one of which is in the national language, of information on the amendment of statutes or changes in executive bodies, so that they may be challenged by third parties.
• -Section 534: The Committee notes that, under this section, gifts and bequests from foreign trade unions or organizations may only be received following authorization by the public authorities which verify the origin, amount, compatibility with the objective declared by the statutes of the trade union, and the constraints to which they may give rise. This provision is contrary to Articles 3 and 5 of the Convention, according to which national workers’ and employers’ organizations should have the right to receive financial assistance from international workers’ and employers’ organizations without being required to obtain prior authorization. The Committee requests the Government to amend section 534 by abolishing the requirement to obtain prior authorization from the public authorities.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2016, which are of a general nature. The Committee also notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2016, on persistent violations of the Convention in practice, in particular the arrest in February 2016 of trade union members at the trade union centre, and acts of violence by the police against protest action in the public education sector. Lastly, the Committee notes the observations of the General and Autonomous Confederation of Workers in Algeria (CGATA), received on 27 June 2016, denouncing the persistence of difficulties for independent trade unions to register and undertake their activities, and cases of police violence at peaceful demonstrations. Noting the extreme gravity of the allegations, the Committee urges the Government to provide its comments and detailed information in response to the ITUC and the CGATA.

Legislative issues

Act issuing the Labour Code. The Committee recalls that the Government has been referring since 2011 to the process of adopting a law issuing the Labour Code. In this regard, the Committee recalled the need for consultations with the representative employers’ and workers’ organizations in order to take their views into account. In its report, the Government indicates that the latter have participated in all the tripartite exercises initiated and that some of the Committee’s recommendations have been taken into account. However, the Government does not provide a more up-to-date version of the draft bill. Noting that this process has still not been concluded despite the time that has passed, the Committee expects the Government to take all the necessary measures for the adoption of the law issuing the Labour Code without any further delay. The Committee is sending comments on the bill in relation to the application of the Convention in a request addressed directly to the Government, and trusts that it will take them duly into account and adopt the amendments requested.

Moreover, the Committee notes with regret that the Government confines itself to reiterating its previous replies to the other legislative issues raised in the Committee’s previous comments. Recalling that it has been making these comments for ten years and that the Government has failed to offer an adequate response, the Committee urges the Government to take all the necessary measures to adopt the amendments requested to the following provisions.

Article 2 of the Convention. Right to establish trade union organizations. The Committee recalls that its comments have focused on section 6 of Act No. 90 14 of 2 June 1990 on the exercise of the right to organize, which restricts the right to establish a trade union organization to persons who are originally of Algerian nationality or who acquired Algerian nationality at least ten years earlier. The Committee previously noted the Government’s indication that the Act in question will be amended so that the right to establish trade unions is extended to foreign nationals. The Committee trusts that the Government will amend section 6 of Act No. 90-14 as soon as possible so that it recognizes the right of all workers, without distinction on the basis of nationality, to establish trade unions. The Committee also refers the Government to the comments it is making in a direct request asking for the amendment of the relevant provisions on this point in the draft bill to issue the Labour Code.

Article 5. Right to establish federations and confederations. The Committee recalls that its comments have related to sections 2 and 4 of Act No. 90 14 which, read jointly, have the effect of restricting the establishment of federations and confederations in an occupation, branch or sector of activity. The Committee previously noted the Government’s indication that section 4 of the Act will be amended to include a definition of federations and confederations. In the absence of information on any new developments in this regard, the Committee trusts that the Government will amend section 4 of Act No. 90-14 as soon as possible in order to remove any obstacles to the establishment by workers’ organizations, irrespective of the sector to which they belong, of federations and confederations of their own choosing. The Committee also refers the Government to the comments it is making in a direct request asking for the amendment of the relevant provisions on this point in the draft bill issuing the Labour Code.

Trade union registration in practice

The Committee recalls that its comments have related to the issue of particularly long delays in the registration of trade unions. Its previous comments referred in particular to the situation of the Higher Education Teachers’ Union (SESS), the National Autonomous Union of Postal Workers (SNAP) and the CGATA. In its report, the Government indicates that SNAP has been registered, that the authorities informed the SESS of certain requirements that must be met to bring its application into conformity with the law, and that the CGATA was informed in 2015 that it did not meet the legal requirements for the establishment of a confederation. The Committee notes with concern the CGATA’s allegations denouncing the persistence of obstacles to the registration of newly created trade unions, most recently in the case of the Autonomous Union of Attorneys in Algeria (SAAVA) and the Autonomous Algerian Union of Transport Workers (SAATT). The Committee recalls that the Committee on Freedom of Association and the Committee on the Application of Standards of the International Labour Conference have also addressed this issue in recent years and have requested the Government to process registration applications more rapidly. The Government nevertheless continues to indicate repeatedly that the trade unions concerned have not fulfilled certain requirements. The Committee expects the Government to take all the necessary measures to guarantee the prompt registration of trade unions which have met the requirements set out by law, and, if necessary, expects the competent authorities to ensure that the organizations in question are duly informed of the additional requirements that have to be met. The Committee requests the Government to indicate which requirements were not fulfilled and urges it to process the registration applications of the CGATA, the SESS, the SAAVA and the SAATT rapidly.

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3 of the Convention. Right of organizations to organize their activities and formulate their programmes in full freedom. The Committee previously requested the Government to give examples of situations in which, in accordance with section 43 of Act No. 90-02, a strike had been prohibited on the grounds of the interruption of essential services or the possibility that it might give rise to a serious economic crisis. The Committee notes the Government’s reply indicating that no strike had been prohibited under this provision on the basis of its potential impact.

Articles 2, 3 and 5. Legislative amendments. The Committee notes the version of the draft bill issuing the Labour Code sent by the Government, dated October 2015. The Committee trusts that the Government will duly take into account the following points relating to the application of the Convention and will take all the necessary measures to amend the following provisions of the draft bill issuing the Labour Code to bring them into conformity with the Convention.

• -Sections 510 to 512 of the draft Bill: The Committee notes that sections 510 and 511 refer to organizations in the same occupations, branches or sectors of activity as regards the establishment of unions, federations or confederations. These provisions have the effect of preventing trade unions, irrespective of the sector to which they belong, from establishing federations and confederations of their own choosing, in accordance with Article 5 of the Convention. The Committee requests the Government to amend sections 510 and 511 by removing the reference to the same occupations, branches or sectors of activity, in order to remove any obstacle to the establishment by workers’ and employers’ organizations, irrespective of the sector to which they belong, of federations and confederations of their own choosing.
• -Section 514 of the draft Bill: The Committee notes that this provision restricts the right to establish trade unions to persons who are originally of Algerian nationality or who acquired Algerian nationality at least five years earlier. This provision is contrary to Article 2 of the Convention, which recognizes the right to establish and join trade unions or employers’ organizations without distinction, including on the basis of nationality. The Committee requests the Government to amend section 514 so that it recognizes the right of all workers, without distinction on the basis of nationality, to establish trade unions.
• -Section 517 of the draft Bill: The Committee requests the Government to clarify the last paragraph of this provision, specifying the publicity requirements applicable to trade unions when they are established.
• -Section 525 of the draft Bill: The Committee requests the Government to submit to consultation with the social partners the second paragraph of this provision, which requires the publication in two national daily newspapers, one of which is in the national language, of information on the amendment of statutes or changes in executive boards, so that they may be challenged by third parties.
• -Section 534 of the draft Bill: The Committee notes that, under this section, gifts and bequests from foreign trade unions or organizations may only be received following authorization by the public authorities which verify the origin, amount, compatibility with the objective declared by the statutes of the trade union, and the constraints to which they may give rise. This provision is contrary to the principles of freedom of association established under Articles 3 and 5 of the Convention, according to which national workers’ and employers’ organizations should have the right to receive financial assistance from international workers’ and employers’ organizations without being required to obtain prior authorization. The Committee requests the Government to amend section 534 by abolishing the requirement to obtain prior authorization from the public authorities.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2015 on the persistent violations of the Convention in practice. The Committee requests the Government to provide its comments in this respect.

The Committee also notes the joint observations of the International Organisation of Employers (IOE) and the General Confederation of Algerian Enterprises (CGEA) received on 31 August 2015.

The Committee notes the observations of the General and Autonomous Confederation of Workers in Algeria (CGATA) received on 31 May 2015 denouncing the recurrent difficulties for independent trade unions in registering and developing their activities, and communicating its analysis of the new draft Labour Code. The Committee requests the Government to provide its comments in response to the CGATA.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 104th Session, June 2015)

The Committee takes note of the discussion that took place at the Conference Committee on the Application of Standards in June 2015, concerning the application of the Convention by Algeria. The Committee notes that, in its conclusions, the Conference Committee requested the Government to: (i) provide detailed information regarding the new draft labour code including by providing a copy of it; (ii) ensure that there are no obstacles to the registration of trade unions in law or practice and act expeditiously to process pending applications for trade union registration; and (iii) reinstate public service employees who have been dismissed on grounds of alleged anti-union discrimination.

Legislative issues

The Committee refers to the conclusions of the Conference Committee inviting the Government to provide a copy of the new draft Labour Code and notes that the Government provided a copy of the bill in its version dated October 2015. In this regard, the Committee notes that in March 2015 the Office sent the Government technical comments on the bill and that the Government indicates in its report that 77 per cent of the technical comments made by the Office resulted in a reformulation of the draft in order to bring it into line with international labour standards. The Committee is formulating, in a request addressed directly to the Government, certain comments on the bill of the new Labour Code concerning the application of the Convention and trusts that the Government will duly take them into account. The Committee trusts that the Government will spare no effort to ensure the adoption of the new Labour Code without further delay, that the process will necessarily include consultation with the representative employers’ and workers’ organizations in order to take their views into account, and that the Government will take measures to adopt the modifications requested by the Committee.

Moreover, the Committee trusts that the Government will not fail to take the necessary measures to amend the other legal provisions, as below, which have been the subject of comments for a number of years, and that it will report in this regard in the near future.

Article 2 of the Convention. Right to establish trade union organizations. The Committee recalls that its comments have focused on section 6 of Act No. 90-14 of 2 June 1990 on the exercise of the right to organize, 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. The Committee notes the Government’s indication that the Act in question will be amended as requested in order to secure the right to form trade unions for foreign nationals. Regardless of efforts to lower the threshold period of acquisition of Algerian nationality for the purpose of exercising trade union rights, the Committee trusts that the Government will take measures to revise section 6 of Act No. 90-14 without further delay so as to secure to all workers, without distinction as to nationality, the right to establish a trade union.

Trade union registration in practice

The Committee notes that the June 2015 conclusions of the Conference Committee refer to the need for the Government to ensure that there are no obstacles, in law or practice, to the registration of trade unions and to act expeditiously to process pending applications for trade union registration. The Committee notes that, in its report, the Government refers to the registration of five trade unions in 2015 in various sectors, bringing the number of registered trade unions and employers’ organizations to 100. The Committee nevertheless notes with regret that the Government has not provided information on the situation of the organizations, mentioned by the ITUC in its observations, whose registration has been pending for several years. Those organizations are the Higher Education Teachers’ Union (SESS), the National Autonomous Union of Postal Workers (SNAP) and the CGATA. The Committee also notes, with regard to the SESS and the SNAP, whose first applications for registration were submitted in 2012, that these trade unions have lodged a complaint with the Committee on Freedom of Association, which has requested the Government to process their registration as a matter of urgency (Case No. 2944, 374th Report, paragraph 17). Noting the observations of the ITUC and the CGATA on the ongoing challenges for newly established independent trade unions to obtain registration, the Committee recalls that a long registration procedure constitutes a serious obstacle to the establishment of organizations and amounts to a denial of the right of workers to establish organizations without previous authorization, in accordance with Article 2 of the Convention. The Committee therefore urges the Government to guarantee the speedy registration of trade unions which have met the requirements set out by law, and trusts that it will report on the registration of the SESS, SNAP and CGATA in the very near future.

Article 5. Right to establish federations and confederations. The Committee recalls that its comments have focused on sections 2 and 4 of Act No. 90-14 which, read together, have the effect of limiting the right to establish federations and confederations to one occupation or branch or to the same sector of activity. The Committee notes the Government’s indication that section 4 of the Act will be amended to include a definition of federations and confederations. The Committee trusts that the Government will take all necessary measures to revise section 4 of Act No. 90-14 without further delay in order to remove any obstacles to the establishment by workers’ organizations of federations and confederations of their choosing, irrespective of the sector to which they belong.

Lastly, the Committee notes that, in its conclusions, the Conference Committee also requested the Government to reinstate public service employees who were dismissed on grounds related to alleged anti-union discrimination. In this regard, the Government indicates in its report that the civil servant clerks in question had been suspended further to disciplinary action brought against them in accordance with public service regulations for reasons unrelated to their trade union activity. The Government also specifies that all these civil servants have taken up their new positions. The Committee takes note of this information.

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

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

Article 3 of the Convention. Right of organizations to carry on their activities in full freedom and formulate their programmes. The Committee recalls that its previous comments referred to section 43 of Act No. 90-02, under which strikes are forbidden not only in essential services the interruption of which may endanger the life, personal safety or health of the citizens, but also where this strike “is liable to give rise to a serious economic crisis”. The Committee requests the Government to give examples of situations in which, under this provision, a strike has been prohibited on the grounds of the interruption of essential services or the possibility that it might give rise to a serious economic crisis.

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

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.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s reply to the observations of 2013 from the International Trade Union Confederation (ITUC) in which it rejects the alleged violations of civil liberties against trade union leaders and trade unionists, including arrests, criminal prosecutions and restrictions to the freedom to travel. Nevertheless, the Committee notes that the Government has not replied to the comments submitted in 2012 by the ITUC, Education International (EI), the National Autonomous Union of Public Administration Staff (SNAPAP) and the National Autonomous Union of Secondary and Technical Education Teachers (SNAPEST), which included allegations relating to acts of intimidation and threats, including death threats, towards trade union leaders and members. The Committee therefore requests the Government to provide its comments thereon.

The Committee also notes that the Government’s report has not responded to the issues previously raised in the Committee’s comments. In these circumstances, the Committee must therefore repeat its previous observation.

The Committee, like the Committee on Freedom of Association (Case No. 2701, November 2012 session), notes with satisfaction the registration of the National Union of Vocational Training Workers (SNTFP), which had been awaiting approval since 2002.

Article 2 of the Convention. Right to establish trade union organizations. The Committee previously noted that section 6 of Act No. 90-14 of 2 June 1990 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, with the possible exception of those categories specified in Article 9 of the Convention, and that foreign workers too must have the right to establish organizations, the Committee asked the Government to take the necessary steps to amend section 6 of Act No. 90-14 so as to grant all workers, without distinction as to nationality, the right to establish a trade union. The Committee notes that the Government reiterates in its report that the amendment requested by the Committee will be examined as part of the reform of the Labour Code. The Committee hopes that the announced legislative reform will occur in the near future and urges the Government to provide information on developments in this respect, especially regarding any amendment of section 6 of Act No. 90-14 securing to all workers, without distinction as to nationality, the right to form a trade union.

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. In its previous comments the Committee asked the Government to take specific measures to amend the legislative provisions that prevent workers’ organizations, irrespective of the sector to which they belong, from forming federations and confederations of their own choosing (sections 2 and 4 of Act No. 90-14). The Committee notes that the Government reiterates that the Committee’s request will be taken into account as part of the reform of the Labour Code. The Committee again urges the Government to report any developments regarding the amendment of section 4 of Act No. 90-14 so as to remove all obstacles preventing workers, regardless of the sector to which they belong, from establishing federations and confederations of their own choosing.

Article 3. Right of organizations to carry on their activities in full freedom and formulate their programmes. In its previous comments the Committee referred to section 43 of Act No. 90-02, under which strikes are forbidden not only in essential services the interruption of which may endanger the life, personal safety or health of the citizen, but also where the strike “is liable to give rise to a serious economic crisis”. Noting that the Government reiterates that the interpretation given to this section is similar to that of the Committee, which refers to “strikes which, by reason of their scope and duration, are liable to cause an acute national crisis”, the Committee requests the Government to give examples of specific cases in which recourse to strike action has been prohibited on the grounds of its possible effects.

Finally, the Committee previously commented on section 48 of Act No. 90 02, which empowers the minister or the competent authority, where the strike persists and mediation has failed, or where compelling economic or social needs require, to refer the dispute to the National Arbitration Commission after consulting the employers’ and workers’ representatives. The Committee notes the additional information provided by the Government in its report, especially with regard to the composition of the National Arbitration Commission (section 2 of Executive Decree No. 90-148 of 22 December 1990), which is a tripartite body containing equal numbers of representatives of the employers, the workers and the State and which is chaired by a magistrate. The Committee further notes the Government’s indication that only one dispute has been referred to the National Arbitration Commission since its establishment in 1990.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the comments made by the International Organisation of Employers (IOE) on the right to strike in a communication dated 29 August 2012 which are dealt with in the General Report of the Committee. The Committee also notes the Government’s reply to the observations of 31 July 2012 from the International Trade Union Confederation (ITUC) and the observations of 31 August 2012 from Education International (EI), the National Autonomous Union of Public Administration Staff (SNAPAP) and the National Autonomous Union of Secondary and Technical Education Teachers (SNAPEST), which refer to legislative issues already raised by the Committee and to violations of trade union rights in practice. However, the Committee observes that the Government has not sent any reply to certain allegations, especially those relating to acts of intimidation and threats, including death threats, towards trade union leaders and members. In this regard, the Committee recalls that the atmosphere of fear induced by threats to the life of trade unionists has inevitable repercussions on the exercise of trade union activities, and the exercise of these activities is possible only in a context of respect for basic human rights and in a climate free of violence, pressure and threats of any kind. The Committee requests the Government to send its comments on the abovementioned allegations.

Furthermore, the Committee, like the Committee on Freedom of Association (Case No. 2701, November 2012 session), notes with satisfaction the registration of the National Union of Vocational Training Workers (SNTFP), which had been awaiting approval since 2002.

Article 2 of the Convention. Right to establish trade union organizations. The Committee previously noted that section 6 of Act No. 90-14 of 2 June 1990 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, with the possible exception of those categories specified in Article 9 of the Convention, and that foreign workers too must have the right to establish organizations, the Committee asked the Government to take the necessary steps to amend section 6 of Act No. 90-14 so as to grant all workers, without distinction as to nationality, the right to establish a trade union. The Committee notes that the Government reiterates in its report that the amendment requested by the Committee will be examined as part of the reform of the Labour Code. The Committee hopes that the announced legislative reform will occur in the near future and urges the Government to provide information on developments in this respect, especially regarding any amendment of section 6 of Act No. 90-14 securing to all workers, without distinction as to nationality, the right to form a trade union.

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. In its previous comments the Committee asked the Government to take specific measures to amend the legislative provisions that prevent workers’ organizations, irrespective of the sector to which they belong, from forming federations and confederations of their own choosing (sections 2 and 4 of Act No. 90-14). The Committee notes that the Government reiterates that the Committee’s request will be taken into account as part of the reform of the Labour Code. The Committee again urges the Government to report any developments regarding the amendment of section 4 of Act No. 90-14 so as to remove all obstacles preventing workers, regardless of the sector to which they belong, from establishing federations and confederations of their own choosing.

Article 3. Right of organizations to carry on their activities in full freedom and formulate their programmes. In its previous comments the Committee referred to section 43 of Act No. 90-02, under which strikes are forbidden not only in essential services the interruption of which may endanger the life, personal safety or health of the citizen, but also where the strike “is liable to give rise to a serious economic crisis”. Noting that the Government reiterates that the interpretation given to this section is similar to that of the Committee, which refers to “strikes which, by reason of their scope and duration, are liable to cause an acute national crisis”, the Committee requests the Government to give examples of specific cases in which recourse to strike action has been prohibited on the grounds of its possible effects.

Finally, the Committee previously commented on section 48 of Act No. 90 02, which empowers the minister or the competent authority, where the strike persists and mediation has failed, or where compelling economic or social needs require, to refer the dispute to the National Arbitration Commission after consulting the employers’ and workers’ representatives. The Committee notes the additional information provided by the Government in its report, especially with regard to the composition of the National Arbitration Commission (section 2 of Executive Decree No. 90-148 of 22 December 1990), which is a tripartite body containing equal numbers of representatives of the employers, the workers and the State and which is chaired by a magistrate. The Committee further notes the Government’s indication that only one dispute has been referred to the National Arbitration Commission since its establishment in 1990.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s reply to the observations of the International Trade Union Confederation (ITUC) which concerned the prosecution of members of teachers’ trade unions for taking strike action. The Committee notes the ITUC’s new observations, dated 4 August 2011, which address points already raised by the Committee and among other matters report instances of repression and harassment of strikers. It also notes the Government’s indication in reply to these latter comments that in two cases police executed court orders of eviction. In this respect, the Committee recalls that police intervention to enforce the execution of a court decision affecting strikers should observe the elementary guarantees applicable in any system that respects civil rights and fundamental freedoms. The Committee considers that, in cases of strikes, the authorities should only resort to the use of force in exceptional circumstances and in situations of gravity where there is a serious threat of public disorder, and that such use of force must be proportionate to the circumstances. Governments should take measures to ensure that the competent authorities receive adequate instructions so as to avoid the danger of excessive use of force in trying to control demonstrations that might undermine public order.

The Committee also takes note of the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2701 (its June 2010 meeting) urging the Government to register without delay the National Union of Vocational Training Workers (SNTFP), whose application to register has been awaiting approval since 2002. The Committee notes the Government’s indication that the application is being re-examined.

Article 2 of the Convention. Right to establish trade unions. The Committee noted previously that section 6 of Act No. 90-14 of 2 June 1990 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. Pointing out that the right to organize must be guaranteed to workers and employers without distinction or discrimination whatsoever, with the exception of those categories specified in Article 9 of the Convention, and that foreign workers too must have the right to establish organizations, the Committee requested the Government to take the necessary steps to amend section 6 of Act No. 90-14 so as to grant all workers, without distinction as to nationality, the right to establish a trade union organization. The Committee notes that in its report, the Government states that foreign workers may join one of the existing trade unions, and are thus able to exercise the right to organize as soon as they become members. The Government confirms that they are able to participate in the trade union activities carried on by their organizations and may stand for election to executive office. Noting the amendment requested by the Committee, the Government replies that it will be undertaken in the context of the Labour Code reform. The Committee hopes that the legislative reform will be undertaken in the near future and requests the Government to provide information on developments in this regard, particularly on any amendment of section 6 of Act No. 90-14 providing for all workers, without distinction as to nationality, the right to form a trade union organization.

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. In its previous comments, the Committee requested the Government to take specific measures to amend the legislative provisions that prevent workers’ organizations, irrespective of the sector to which they belong, from forming federations and confederations of their own choosing (sections 2 and 4 of Act No. 90-14). The Committee notes that the Government repeats its previous response, namely that it is aware of the need to word this provision more clearly so as to allow workers’ organizations, irrespective of the sector to which they belong, to form federations and confederations. The Committee again urges the Government to report any developments regarding the amendment of section 4 of Act No. 90-14 so as to remove all obstacles preventing workers, regardless of the sector to which they belong, from establishing federations and confederations of their own choosing.

Article 3. Right of organizations to carry on their activities in full freedom and formulate their programmes. In its previous comments the Committee drew attention to section 43 of Act No. 90-02 under which strikes are forbidden not only essential services the interruption of which may endanger the life, personal safety or health of the population, but also where the strike “is liable to give rise to a serious economic crisis”. The Committee requested the Government to take steps to amend the Act or to adopt a regulatory text that would clarify this point along the lines indicated by the Government, namely that the wording of section 43 should be similar to that used by the Committee, which refers to “strikes which, by reason of their scope and duration, are liable to cause an acute national crisis”. The Committee notes that in its report, the Government repeats that the wording of section 43 allows no interpretation other than that of the Committee. In order to avoid all ambiguity, the Committee is bound once again to ask the Government to adopt a text amending section 43 of Act No. 90-02 or a regulatory text stating expressly that strikes are forbidden in essential services the interruption of which may endanger the life, personal safety or health of whole or part of the population, or where the strike, by reason of its scope and duration, is liable to cause an acute national or local crisis.

Lastly, the Committee commented previously on section 48 of Act No. 90-02 which empowers the Minister or the competent authority, where the strike persists and mediation has failed, or where imperative economic or social need so require, to refer the dispute to the National Arbitration Commission after consulting the employers’ and workers’ representatives. The Committee requested the Government to take measures without delay to ensure that the National Arbitration Commission may be called upon to end a collective labour dispute only at the request of both parties and/or in the event of a strike in essential services in the strict sense of the term, or in the event of a strike the scope and duration of which are liable to cause an acute national or local crisis, or in the event of a dispute in the public service involving public servants exercising authority in the name of the State. The Committee notes that in its report the Government provides further details of the arbitration procedure, indicating in particular that pursuant to section 11 of Executive Decree No. 90-148 of 22 December 1990, the application to the National Arbitration Commission must include a submission setting out the imperative economic and social needs requiring referral of the dispute, and it must also set out the arguments as to the advisability of referral put forward by the employer and the representatives of the workers concerned by the dispute. It further notes that in its last report, the Government states that the amendment to section 48 of Act No. 90-02 requested by the Committee will be dealt with in the context of the draft Labour Code. The Committee requests the Government to provide information on developments in this regard, in particular on any amendments, introduced in the context of the planned legislative reform, to section 48 of Act No. 90-08 to ensure that recourse may be had to the National Arbitration Commission only in the instances set out above.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the observations of 26 August 2009 by the International Trade Union Confederation (ITUC), which concern matters already examined by the Committee and report obstruction of unionization in the public sector and violent police repression of protest action by unions. The Committee requests the Government to send its observations on the ITUC’s communication of 2009 and to indicate any judicial decisions handed down in cases involving teacher trade unionists cited by name by the ITUC in its observations of 2007, particularly members of the National Council of Higher Education Teachers (CNES) and the Inter-Union Education Coordination (CISE), who have reportedly been prosecuted for taking strike action.

Article 2 of the Convention. Right to establish trade unions. The Committee noted previously that section 6 of Act No. 90-14 of 2 June 1990 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. The Committee recalled that the right to organize must be guaranteed to workers and employers without distinction or discrimination whatsoever, with the exception of those categories listed in Article 9 of the Convention, and that foreign workers too must have the right to establish organizations. In its report, the Government confirms that under Act No. 90-14, only workers who have been Algerian nationals for at least ten years may be founder members of a trade union organization and that once such an organization is established, any worker, without distinction as to nationality, is free to join it. The Committee notes with regret that no measures have been taken in response to its previous request to align Act No. 90-14 with the provisions of the Convention. The Committee once again urges the Government to take the necessary steps to amend section 6 of Act No. 90-14 so as to grant all workers, without distinction as to nationality, the right to establish a trade union organization.

Articles 2 and 5. Right of workers to establish and join organizations of their own choosing without previous authorization, and to establish and join federations and confederations. In its previous comments, the Committee asked the Government to take specific steps to amend the legislative provisions that prevent workers’ organizations, irrespective of the sector to which they belong, from forming federations and confederations of their own choosing (sections 2 and 4 of Act No. 90-14). It noted the Government’s statement that it was aware of the need to clarify the working of this provision by introducing a definition of the notions of federation (or union) and confederation. The Committee notes that, in its last report, the Government states that section 4 of Act No. 90-14 will be made clearer as a result of discussions now under way on the draft Labour Code. The Committee urges the Government to report on any developments regarding the amendment of section 4 of Act No. 90-14 so as to remove all obstacles preventing workers, regardless of the sector to which they belong, from establishing federations and confederations of their own choosing.

Article 3. Right of organizations to carry on their activities in full freedom and formulate their programmes. In its previous comments, the Committee noted that section 87bis of the Penal Code defines as subversive any act directed against the stability and normal functioning of institutions through any action intended to: (i) obstruct the operation of establishments providing public services; or (ii) impede traffic or the freedom of movement in public places or thoroughfares, subject to sanctions that include even the death penalty where the offence is punishable by life imprisonment (section 47bis(1)). The Committee recalled that the use of very general wording in certain provisions runs the risk of infringing on the right of workers’ organizations to organize their activities and formulate their programmes in defence of the interests of their members, particularly through strike action. It requested the Government to take specific steps to ensure that this provision of the Penal Code may on no account be applied to workers who have peacefully exercised the right to strike. The Committee notes the Government’s statement that recourse to strike action, besides being guaranteed by the National Constitution, is covered solely by Act No. 90-02 of 6 February 1990 on the prevention and settlement of collective labour disputes, and that section 87bis of the Penal Code is unrelated to the exercise of trade union rights. The Government adds that there are still strike movements in the country without any workers being charged under section 87bis of the Penal Code. The Committee takes note of these clarifications and trusts that the Government will continue to ensure that the provisions of section 87bis of the Penal Code are not invoked against workers who have exercised peacefully their right to strike.

The Committee commented previously on section 43 of Act No. 90-02 under which strikes are forbidden not only in essential services the interruption of which would endanger the life, personal safety or health of the population, but also when the strike “is liable to give rise to a serious economic crisis”. Noting the Government’s reply that this expression, set forth in section 43, is similar to the expression used by the Committee, which refers to “strikes which, by reason of their scope and duration, could lead to a national crisis”, the Committee asked the Government to take steps to amend the legislation or to adopt a regulatory text that would clarify this point along the lines indicated by the Government. The Committee observes that the Government’s last report contains no information on measures taken to this end. Consequently, the Committee again asks the Government to adopt a text amending section 43 of Act No. 90-02 or a regulatory text stating expressly that strikes are forbidden in essential services the interruption of which may endanger the life, personal safety or health of the population, or where the strike, by reason of its scope and duration, could lead to a serious national crisis.

Lastly, the Committee asked the Government to amend section 48 of Act No. 90-02 which empowers the Minister or the competent authority, where the strike persists or if mediation fails, to refer the dispute to the National Arbitration Commission, after consulting the employer and the workers’ representatives. The Committee again recalls that recourse to arbitration to end a collective dispute should be possible only at the request of both parties and/or in the event of a strike in essential services in the strict sense of the term, or in the case of a strike the extent and duration of which are likely to give rise to a serious national crisis, or in the case of disputes in the public service involving public servants exercising authority in the name of the State. The Committee notes that the Government’s last report contains no information on measures taken, in response to the Committee’s request, to amend section 48 of Act No. 90-02. The Committee urges the Government to take measures without delay to ensure that the National Arbitration Commission may be seized only of the cases recalled above, in order to fully safeguard the right of workers’ organizations to organize their activities and formulate their programmes without interference by the public authority, in accordance with Article 3 of the Convention.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It also notes the comments of the International Trade Union Confederation (ITUC) dated 28 August 2007 concerning issues already examined by the Committee. Also, the ITUC condemns steps taken to obstruct the registration of trade unions, the arrest of trade unionists and reprisals against strikers … (in the course of the judicial procedures). In this respect, the Committee notes that the Government indicates, among other things, that no trade unionists have been harassed for the reason of their trade union activities. The Committee requests the Government to provide detailed information on the allegations of arrests and reprisals of teachers-trade unionists, following strike and to transmit copies of the relevant judicial decisions.

Article 2 of the Convention. Right to form organizations. The Committee observes that section 6 of Act No. 90-14 of 2 June 1990, as modified, limits the right to establish a trade union to persons who have been Algerian nationals for at least ten years. The Committee recalls that the right to organize must be guaranteed to workers and employers without distinction or discrimination whatsoever, with the exception of those categories contained in Article 9 of the Convention, and that foreign workers must also be able to establish organizations of their own choosing. The Committee requests the Government to take the necessary steps to ensure that section 6 of Act No. 90-14 conforms to the principles guaranteed by the Convention.

Articles 2 and 5. Right of workers to establish and join organizations of their own choosing without previous authorization and to establish and join federations and confederations. In its previous comments, the Committee requested the Government to keep it informed of measures taken to: (1) amend the legislative provisions preventing workers’ organizations from forming federations and confederations of their own choosing, irrespective of the sector to which they belong (see sections 2 and 4 of Act No. 90-14); and (2) consult the social partners in order to eliminate any difficulties which might arise in practice from the interpretation of certain legislative provisions on the formation of federations and confederations and particularly, in this case, which might hinder the recognition of the Algerian Confederation of Autonomous Trade Unions (CASA). In its reply, the Government states that Act No. 90-14 of 2 June 1990 is inspired by Convention No. 87 and that the labour legislation does not in any way restrict either the freedom to form a trade union organization or its activities. With regard to the aspects relating to the establishment of federations and confederations under section 4 of Act No. 90-14 of 2 June 1990, the Government states that it is aware of the need to clarify the wording of this provision by introducing a definition of the notions of federation (or union) and confederation, and indicates that the section concerned is under examination so that this concern can be dealt with. With regard to the specific case of CASA, the Government states that this organization has been invited to bring its statutes into line with the provisions of the legislation currently in force. The competent authority is currently awaiting a response from CASA founders. Moreover, the Committee observes that, in Case No. 2513 examined by the Committee on Freedom of Association (see 336th Report), the Government had specified that the joint application of sections 2 and 4 of Act No. 90-14 signifies that the coming together of two different sectors, as is true in the case of the membership of the National Air Navigation Trade Union in this confederation of public administration sector unions, does not comply with the aforementioned section 2 of the Act. The Committee asks the Government to take concrete steps to amend the legislative provisions preventing workers’ organizations from forming federations and confederations of their own choosing, irrespective of the sector to which they belong. The Committee asks the Government to keep it informed of any measures taken in this respect.

Article 3. Exercise of the right to strike. In its previous comments, the Committee also requested the Government to limit the scope of Legislative Decree No. 92-03 of 30 September 1992 (section 1 of which, read together with sections 3, 4 and 5, defines as subversive acts offences directed, in particular, against the stability and normal functioning of institutions through any action intended to: (i) obstruct the operation of establishments providing public services; or (ii) impede traffic or freedom of movement in public places or thoroughfares, under penalty of severe sanctions, including imprisonment for up to 20 years), through the adoption of legislative measures or regulations to ensure that this text may not in any event be applied to workers who have exercised the right to strike peacefully. While noting the Government’s comments on the reasons for adopting this Decree, the Committee notes that Ordinance No. 95-11 of 25 Ramadhan 1415 corresponding to 25 February 1995, amending and completing Ordinance No. 66‑156 of 8 June 1966 issuing the Penal Code, repeals, in its section 2, the abovementioned Legislative Decree No. 92-03 of 30 September 1992 concerning action taken to combat subversion and terrorism. The Committee notes that section 87bis of the Penal Code amended by the above Ordinance continues to define as subversive any act directed against the stability and normal functioning of institutions through any action intended to: (i) obstruct the operation of establishments providing public services; or (ii) impede traffic or freedom of movement in public places or thoroughfares, under penalty of sanctions including the death penalty, when the sanction provided for by law is life imprisonment. The Committee therefore reiterates its opinion that the very general wording of certain provisions involves a risk of infringing the right of workers’ organizations to organize their activities and to formulate their programmes in defence of the interests of their members particularly through strike action. The Committee asks the Government to take steps to amend the Penal Code (section 87bis) so as to ensure that this text may not in any event be applied to workers who have exercised the right to strike peacefully. The Committee asks the Government to keep it informed of any developments in this respect.

The Committee also requested the Government to amend section 43 of Act No. 90-02 of 6 February 1990, which bans strikes not only in essential services the interruption of which would endanger the life, personal safety or health of the population, but also where the strike is likely to give rise to a serious economic crisis, with collective disputes in such cases being subject to the conciliation and arbitration procedures provided for by the law. The Committee also requested the Government to amend section 48 of the same Act, which authorizes the Minister or the competent authority, where the strike persists or after the failure of mediation, to refer the dispute to the National Arbitration Commission, after consulting the employer and the workers’ representatives. The Committee notes the Government’s reply, according to which the expression “give rise to a serious economic crisis” set forth in section 43 of the Act is similar to the expression used by the Committee which refers to “strikes which, by reason of their scope and duration, could lead to a national crisis”. The Committee asks the Government to take steps to amend the legislation or adopt a regulatory text that would clarify this point along the lines indicated by the Government. Moreover, with regard to section 48 of the Act, the Government states that intervention is not made in a spirit of interference in the legal exercise of the right to strike, but in a spirit of conciliation of the two parties, and that this intervention only occurs when “required by pressing economic and social needs” and “after consulting the employer and the workers’ representatives”. The Committee reiterates that referral to arbitration to end a collective dispute is only acceptable if it is at the request of both parties and/or in the event of a strike in essential services in the strict sense of the term, or in the case of a strike the extent and duration of which are likely to give rise to a serious national crisis, or in the case of disputes in the public service involving public servants exercising authority in the name of the State. The Committee therefore urges the Government to amend its legislation in the manner indicated above so as to guarantee in full the right of workers’ organizations to organize their activities and to formulate their programmes without interference by the public authorities, in accordance with Article 3, and to keep it informed of any developments in this regard.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and its reply to the comments of the International Confederation of Free Trade Unions (ICFTU), dated 31 August 2005. It also notes the comments of the ICFTU dated 10 August 2006, referring to matters already raised by the Committee.

Articles 2 and 5 of the Convention. Right of workers to establish and join organizations of their own choosing without previous authorization and to establish and join federations and confederations. In its previous comments, the Committee requested the Government to provide clarification on the effect given in practice to section 8 of Act No. 90-14 of 2 June 1990 respecting procedures for the exercise of the right to organize, and particularly on possible grounds for refusing the registration of trade union organizations and the channels of appeal available.

In its reply, the Government indicates that Act No. 90-14 does not establish any condition for establishing trade union organizations, except for being a worker or an employer. The Government adds that, in terms of form, the declaration of the establishment of a trade union organization merely involves making an application, to which the statutes formulated by the founding members, accompanied by the report of the constituent general assembly, have to be attached. With regard in particular to the provisions of section 8 of Act No. 90-14 referred to above, the Government indicates that an application for the establishment of an organization is lodged: (1) with the Ministry of Labour and Social Security in the case of a national organization of workers or employers; (2) at the headquarters of the wilaya where the organization is to operate at the level of the region or the wilaya; and (3) with the communal authorities when it is to operate at the communal or inter-communal level. The choice of the territorial scope of the trade union organization rests with the founder members, and the competent authority is only notified when the application has been submitted. The Government indicates that the period established for a response to the application for the establishment of an organization is 30 days. The organizations concerned may be requested to make corrections to the statutes of their constituent act. Once the corrections have been made, a receipt is issued for their registration.

In its previous observation, the Committee requested the Government to keep it informed of the final outcome of the question of the registration of the Algerian Confederation of Autonomous Trade Unions (CASA). In this respect, the Government refers to its communications to the Committee on Freedom of Association in Case No. 2153, with the indication that the above correspondence submitted for examination by the Committee on Freedom of Association cannot be considered a refusal to register the CASA, but rather an invitation to bring its statutes into conformity with the labour legislation. It also emphasizes that if the parties concerned had discerned in the administration’s observations any refusal to authorize the establishment of the CASA, they would have taken the case to the courts, which they have not done. The Committee notes in this respect that the Committee on Freedom of Association requested the Government: (1) to amend without delay the legislative provisions preventing workers’ organizations from forming federations and confederations of their own choosing, irrespective of the sector to which they belong (see sections 2 and 4 of Act No. 90-14); and (2) to consult the social partners without delay in order to remove all the difficulties which might arise in practice from the interpretation of certain legislative provisions on the formation of federations and confederations and particularly, in this case, which might hinder the recognition of the CASA (see Reports Nos. 336 and 340 of the Committee on Freedom of Association). Recalling that the acquisition of legal personality by federations and confederations cannot be made subject to conditions such as to restrict the right to establish these organizations, the Committee urges the Government to keep it informed of the measures adopted in this respect and the outcome of the discussions held.

Article 3. Exercise of the right to strike. In its previous comments, the Committee also requested the Government to limit the scope of Legislative Decree No. 92-03 of 30 September 1992 (section 1 of which, read together with sections 3, 4 and 5, defines as subversive acts offences directed, in particular, against the stability and normal functioning of institutions through any action intended to: (i) obstruct the operation of establishments providing public services; or (ii) impede traffic or freedom of movement in public places or thoroughfares, under penalty of severe sanctions, including imprisonment for up to 20 years), through the adoption of legislative measures or regulations to ensure that this text may not in any event be applied to workers who have exercised the right to strike peacefully. The Committee notes that, according to the Government, the above Decree does not constitute in any manner an obstacle to the exercise of the right to strike by workers, and that several strikes have been held without any effect in relation to this text. The Committee nevertheless reiterates that the very general wording of certain provisions involves a risk of infringing the right of workers’ organizations to organize their activities and to formulate their programmes in defence of the interests of their members through strike action, among other means. The Committee therefore urges the Government to limit the scope of the Legislative Decree through the adoption of legislative measures or regulations guaranteeing that this text may not in any event be applied to workers who have exercised the right to strike peacefully.

The Committee also requested the Government to amend section 43 of Act No. 90-02 of 6 February 1990, which bans strikes not only in essential services the interruption of which would endanger the life, personal safety or health of the population, but also where the strike is likely to give rise to a serious economic crisis, with collective disputes in such cases being subject to the conciliation and arbitration procedures provided for by the law. The Committee also requested the Government to amend section 48 of the same Act, which authorizes the Minister or the competent authority, where the strike persists or after the failure of mediation, to refer the dispute to the National Arbitration Commission, after consulting the employer and the workers’ representatives. Noting that the Government’s report does not contain information on this subject, the Committee wishes to emphasize once again that referral to arbitration to end a collective dispute is only acceptable if it is at the request of both parties and/or in the event of a strike in essential services in the strict sense of the term, or in the case of a strike the extent and duration of which are likely to give rise to a serious national crisis. The Committee urges the Government to indicate the measures adopted or envisaged to amend the legislation as indicated above so as to guarantee in full the right of workers’ organizations to organize their activities and to formulate their programmes without interference by the public authorities, in accordance with Article 3.

The Committee trusts that the Government will take the necessary measures to ensure that the above amendments are made to the legislation to bring it into conformity with the Convention. It requests the Government to provide the text of the legislation adopted or envisaged in this respect.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report. The Committee also notes the comments made by the International Confederation of Free Trade Unions (ICFTU), dated 31 August 2005, on the application of the Convention, which refer to matters already raised by the Committee, as well as to acts of harassment and the arrest of trade unionists from workers’ organizations in the public sector (the central public administration, firefighters, the university hospital). The Committee requests that the Government provide its observations in this respect.

The Committee regrets that the Government does not refer in its report to the matters raised in its previous observation. Under these conditions, the Committee reiterates its previous comments and, in particular, asks the Government to:

–      provide clarifications on the effect given in practice to section 8 of Act No. 19-14, and in particular on the following aspects: the grounds on which the registration of trade union organizations may be refused, the related provisions, and their practical implications for the existence and functioning of an occupational organization and the right of appeal of such organizations against a refusal of their registration or the absence of acknowledgement of registration within the prescribed time limit;

–      provide precise information on the manner in which the issue of the registration of the Algerian Confederation of Autonomous Trade Unions (CASA) has finally been resolved;

–      limit the scope of Legislative Decree No. 92-03 of 30 September 1992 (section 1 of which, read together with sections 3, 4 and 5, defines as “subversive acts” offences directed, in particular, against the stability and normal functioning of institutions through any action intended to: (1) obstruct the operation of establishments providing public services; or (2) impede traffic or freedom of movement in public places or thoroughfares, under penalty of severe sanctions, which include imprisonment for up to 20 years), through the adoption of legislative measures or regulations which have the effect of ensuring that this text may not in any event be applied to workers who have exercised the right to strike peacefully;

–      amend section 43 of Legislative Degree No. 90-02, of 6 February 1990, which bans strikes not only in essential services the interruption of which would endanger the life, personal safety or health of the population, but also where the strike is likely to give rise to a serious economic crisis, with collective disputes in such cases being subject to the conciliation and arbitration procedures provided for by the law, and section 48, which authorizes the Minister or the competent authority, where the strike persists and after the failure of mediation, to refer a dispute to the arbitration commission after consultation of the employer and the workers’ representatives; and

–      inform the Committee of the progress made by the National Commission for the Reform of State Institutions, and provide any documentation on this subject, including any draft legislation respecting the conditions of service of the public servants.

The Committee hopes that the Government will take the necessary measures to make the changes indicated above to bring the legislation into conformity with the Convention and asks the Government to transmit any legislative text adopted or envisaged in this regard.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report.

The Committee recalls firstly that its last comment related to the following four issues:

n  section 8 of Act No. 90-14 of 2 June 1990 concerning the registration of trade union organizations and, more precisely, its general application in practice and in particular in the case of the Algerian Confederation of Autonomous Trade Unions (CASA);

n  section 1, in conjunction with sections 3, 4 and 5, of Legislative Decree No. 92-03 of 30 September 1992, defining as subversive certain activities, and its possible repercussions on the exercise of the right to strike;

n  sections 43 and 48 of Act No. 90-02 of 6 February 1990 providing, on the one hand, for the prohibition of strikes on grounds of a serious economic crisis and, on the other, for compulsory arbitration to bring an end to a collective dispute; and

n  the reform of the conditions of service of the public service.

Articles 2 and 5 of the Convention. Right of workers, without previous authorization, to establish and join organizations of their own choosing and to establish federations and confederations. The Committee notes that the Government’s comments on the provisions of Act No. 90-14 are confined to indicating that it gives full effect to the Convention and that the laws governing freedom of association contain no provisions limiting, in any way, the exercise of the right to organize. The Government indicates, among other points, that no prior authorization is required under Act No. 90-14 for the establishment of a trade union organization and that this Act applies in identical terms to all salaried employees irrespective of their sector. The Government adds that the Act provides for penal sanctions against any hindrance of the free exercise of the right to organize. The Committee nevertheless recalls that, in its previous comments, the International Confederation of Free Trade Unions (ICFTU) contended that, in practice, the authorities prevent the registration of certain trade unions by refusing to issue a receipt of registration; the ICFTU referred in this respect to the case of CASA. At that time, the Government had already indicated that Act No. 90-14 required no authorization for the establishment of a trade union organization and that, with regard to the case of CASA, unions could conduct their activities within the framework of the envisaged confederation without awaiting the legal opinion of the Ministry of Labour and Social Security. The Committee, however, noted that the Government’s reply in Case No. 2153 examined by the Committee on Freedom of Association referred to its refusals of the application for registration of two confederations, including CASA (see 327th Report, paragraphs 140-161).

The Committee therefore recalls that questions arise not in relation to the provisions of Act No. 90-14 themselves, but concerning their application in practice. In this respect, it once again draws the Government’s attention to the fact that national regulations governing the constitution of occupational organizations are not in themselves incompatible with the provisions of the Convention, provided that they do not impair the guarantees granted by the Convention, and particularly that they are not equivalent in practice to a requirement for previous authorization for the establishment of trade union organizations, which is prohibited by Article 2 (see General Survey of 1994 on freedom of association and collective bargaining, paragraphs 68 and 69). The Committee also notes that the Government recognized in the case examined by the Committee on Freedom of Association that difficulties might arise in the interpretation of the provisions respecting the right of the social partners to establish federations and confederations. In these conditions, the Committee once again requests the Government to provide clarifications on the application in practice of section 8 of Act No. 90-14, and particularly on the following aspects: the grounds on which registration may be refused, the related provisions, and their practical implications for the existence and functioning of an occupational organization and the right of appeal of such organizations against a refusal of their registration or the absence of acknowledgement of registration within the prescribed time limit. Finally, the Committee requests the Government to provide precise information on the manner in which the issue of the registration of CASA has finally been resolved.

Article 3. Right of organizations to organize their activities and formulate their programmes without any interference from the public authorities. Noting with regret that the Government has not provided any information with regard to Legislative Decree No. 92-03 of 30 September 1992, the Committee recalls that section 1 of this Decree, read together with sections 3, 4 and 5, defines as "subversive acts" offences directed, in particular, against the stability and normal functioning of institutions through any action intended to: (1) obstruct the operation of establishments providing public services; or (2) impede traffic or freedom of movement in public places or thoroughfares, under penalty of severe sanctions including imprisonment for up to 20 years. In the past, the Government had indicated that this Decree, issued under special circumstances, was not intended to cover the right to strike or freedom of association and that it had never been applied to workers exercising the right to strike peacefully. The Committee recognized in this respect that the great majority of the provisions of the Decree do not lie within the scope of the protection afforded by the Convention. However, the very general wording of certain provisions, and particularly of those referred to above, implies a risk of violation of the right of workers’ organizations to organize their activities and formulate their programmes to defend the interests of their members, including through recourse to strike action. The Committee therefore requests the Government to limit the scope of the Legislative Decree through the adoption of legislative measures or regulations which have the effect of ensuring that this text may not in any event be applied to workers who have exercised the right to strike peacefully. The Committee also requests the Government to keep it informed of any cases in which this Decree has been applied in the context of a strike.

Also noting with regret that the Government has not supplied any information on Legislative Decree No. 90-02 of 6 February 1990, the Committee recalls that section 43 of this Decree bans strikes not only in essential services the interruption of which would endanger the life, personal safety or health of the population, which the Committee has always considered admissible, but also where the effect of the strike is likely to engender a serious economic crisis, with collective disputes in such cases being subject to the conciliation and arbitration procedures provided for by the law. Furthermore, section 48 authorizes the Minister or the competent authority, where the strike persists and after the failure of mediation, to refer a collective dispute to the arbitration commission, after consultation of the employer and the workers’ representatives. In previous reports, the Government contended that cases are only referred to the arbitration commission in the event of urgent economic and social necessity. The Committee wishes to emphasize once again that referral to arbitration in order to end a collective dispute should be allowed only if both parties so request and/or only in the event of a strike in essential services in the strict sense of the term, or in the case of a strike the extent and duration of which are likely to give rise to a serious national crisis. It therefore requests the Government to indicate the measures adopted or envisaged to amend the legislation as indicated above with a view to fully guaranteeing the right of workers’ organizations to organize their activities and formulate their programmes without interference by the public authorities, in accordance with Article 3. The Committee also requests the Government to provide information on the manner in which sections 43 and 48 have been applied in practice.

Finally, the Committee reiterates its request to the Government concerning the progress made in the work of the National Commission for the Reform of State Institutions and requests it to provide any documentation on this subject, including any draft legislation respecting the conditions of service of the public service.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’ report. It regrets that, this year again, the report contains no new information relevant to its previous comments and merely repeats previous replies. It also notes the comments made by the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention in Algeria and the Government’s reply thereto.

Articles 2 and 5 of the Convention. Right of workers, without previous authorization, to establish and join organizations of their own choosing and to establish federations and confederations. The Committee notes the comments of the ICFTU that in practice the authorities have prevented the registration of some unions by refusing to acknowledge receipt of their application for registration; in this respect, the ICFTU refers to the case of the Algerian Confederation of Autonomous Trade Unions (CASA). The Committee notes the Government’s reply to the effect that: (1) under Act No. 90-14 of 2 June 1990 concerning the exercise of the right to organize, no previous authorization is required to establish an occupational organization and that a mere declaration of constitution duly acknowledged by the competent authority is necessary; and (2) in respect of the particular case mentioned by the ICFTU, unions can conduct their activities within the framework of the envisaged Confederation without waiting for the legal opinion of the Ministry of Labour and Social Security and the Government has never interfered in the activities of the said Confederation. The Committee also notes the Government’s reply in Case No. 2153 examined by the Committee on Freedom of Association to the effect that it had sent a negative reply concerning the establishment of two confederations, including CASA, in accordance with sections 2 and 4 of Act No. 90-14 (see paragraphs 170-174 of the 329th Report of the Committee on Freedom of Association).

The Committee notes from section 8 of Act No. 90-14 that occupational organizations are required to register with the competent administrative authority to be declared as being constituted and that the competent administrative authority must acknowledge receipt of the registration within 30 days of the submission of the application for registration. On the other hand, and for the particular case mentioned by the ICFTU, the Committee notes that the Government refers to the legal opinion of the Ministry of Labour and Social Security - and therefore not to a simple acknowledgement of receipt as provided for in the law. The Committee understands from the Government’s report that this legal opinion has apparently not been handed down yet. Further, the Committee notes from the Government’s reply in Case No. 2153 that it has refused the application for registration of two confederations in light of sections 2 and 4 of Act No. 90-14. The Committee recalls that national regulations governing the constitution of occupational organizations are not in themselves incompatible with the provisions of the Convention provided that they do not impair the guarantees granted by the Convention and in particular that they do not amount in practice to a requirement for previous authorization in respect of the constitution of occupational organizations and which is prohibited under Article 2 (see General Survey on freedom of association and collective bargaining, 1994, paragraphs 68 and 69).

In these circumstances, the Committee requests the Government to provide clarification, in its next report, on the practical application of section 8 of Act No. 90-14, in particular in light of its indications that a refusal for registration can be made under sections 2 and 4 of the Act. The Committee further requests the Government to provide the following information: (a) the grounds on which a registration may be refused; (b) the provisions if any specifying the grounds for refusal; (c) the practical implications of such a refusal on the existence and the functioning of an occupational organization; and (d) the organization’s right of appeal in case of refusal or the absence of acknowledgment within the prescribed time limit. Finally, the Committee requests the Government to provide clarification in respect of the legal opinion concerning CASA referred to in its report, in light of section 8 of Act No. 90-14, as well as on the practical implications of such an opinion for the existence and functioning of the Confederation, now and in the future.

The Committee recalls that for several years it has been addressing the following points in its comments.

Article 3. Right of organizations to organize their activities and formulate their programmes without any interference from the public authorities. The Committee noted previously that section 1, read together with sections 3, 4 and 5, of Decree No. 92-03 of 30 September 1992, defines as subversive acts offences directed, in particular, against the stability and normal functioning of institutions, through any action taken with the intention: (1) of obstructing the operation of establishments providing public service; or (2) of impeding traffic or freedom of movement in public places or highways, under penalty of severe sanctions including imprisonment of up to 20 years. The Committee therefore again requests the Government to take steps through legislation or regulation to ensure that none of these provisions may be applied against workers peacefully exercising their right to strike. The Government is asked to report on any instances of these provisions having been applied where the right to strike has been exercised.

With regard to section 43 of Legislative Decree No. 90-02 of 6 February 1990, the Committee has previously noted that this provision bans strikes not only in essential services the interruption of which would endanger the life, personal safety or health of the population, which the Committee has always considered admissible, but also where the effect of the strike is likely to engender an acute economic crisis. Furthermore, section 48 authorizes the minister or the competent authority, where the strike persists and after the failure of mediation, to refer, after consultation of the employer and the workers’ representatives, a collective dispute to the arbitration commission. The Committee wishes to recall, however, that referral to arbitration in order to end a collective dispute should be allowed only if both parties so request and/or only in the event of a strike in essential services in the strict sense of the term. Consequently, the Committee once again urges the Government to amend its legislation along the lines indicated above so as to guarantee fully the right of workers’ organizations to organize their activities and formulate their programmes without interference from the public authorities, in accordance with Article 3 of the Convention.

The Committee had noted in connection with the previous report from the Government that, in the absence of a legal framework for public service workers since the repeal of Act. No. 78-12 establishing the General Workers Statute, the Government had stated that a new general statute of the public service was envisaged and that the conclusions of the National Commission for the Reform of State Institutions were to be an important element in framing the future public service statute. The Committee again asks the Government to provide information in its next report on the conclusions of the abovementioned commission and to send any draft legislation concerning the public service statute.

The Committee expresses the firm hope that the Government will take all necessary steps in the near future to bring its legislation fully into line with the provisions of the Convention. It reminds the Government in this connection that it may call upon the Office for technical assistance should it so wish.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report. It notes in particular that, in the absence of a proper legal framework governing public service workers since the repeal of Act No. 78-12 establishing the General Workers Statute, the Government states that a new general statute of the public service is envisaged and that the conclusions of the National Commission for the reform of state institutions should be an important element in framing the future public service statute. In this connection, the Committee asks the Government to inform it in its next report of the conclusions of the abovementioned Commission and to send any draft legislation concerning the public service statute.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report, and the record of the meeting between the Ministry of Labour and Social Security and the Autonomous National Union of Public Administration Personnel (SNAPAP) supplied by the Government. The Committee observes, however, that once again this year the Government’s report contains no replies to its previous comments.

It recalls that its previous comments addressed the following points.

Article 3 of the Convention. Right of organizations to organize their activities and formulate their programmes without any interference from the public authorities. The Committee noted previously that section 1, read together with sections 3, 4 and 5 of Decree No. 92-03 of 30 September 1992, defines as subversive acts offences directed, in particular, against the stability and normal functioning of institutions, through any action taken with the intention: (1) of obstructing the operation of establishments providing public service; or (2) of impeding traffic or freedom of movement in public places or highways, under penalty of severe sanctions including up to 20 years’ imprisonment. The Committee therefore again requests the Government to take steps through legislation or regulation to ensure that none of these provisions may be applied against workers peacefully exercising their right to strike. The Government is asked to report on any instances of these provisions being applied where the right to strike has been exercised.

With regard to section 43 of Legislative Decree No. 90-02 of 6 February 1990, the Committee noted previously that this provision bans strikes not only in essential services the interruption of which would endanger the life, personal safety or health of the population, which the Committee has always considered admissible, but also where the effect of the strike is likely to engender an acute economic crisis. Furthermore, section 48 authorizes the minister or the competent authority, where the strike persists and after the failure of mediation, to refer, after consultation of the employer and the workers’ representatives, a collective dispute to the arbitration commission. The Committee wishes to recall, however, that referral to arbitration in order to end a collective dispute should be allowed only if both parties so request and/or only in the event of a strike in essential services in the strict sense of the term. Consequently, the Committee again urges the Government to amend its legislation along the lines indicated above so as to guarantee fully the right of workers’ organizations to organize their activities and formulate their programmes without interference from the public authorities, in accordance with Article 3 of the Convention.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report does not contain replies to its previous comments.

The Committee recalls that its earlier comments touched on the following points.

Article 3 of the Convention. The right of organizations to organize their activities and formulate their programmes without any interference from the public authorities.  The Committee had noted that sections 1, 3, 4 and 5 of Legislative Decree No. 90-02 of 6 February 1990 on compulsory arbitration contain provisions which could jeopardize the right of workers’ organizations to organize their activities and formulate their programme of action to defend the economic, social and occupational interests of their members including through recourse to strike, without interference from the public authorities.

With regard to Legislative Decree No. 92-03 of 30 September 1992, the Committee notes that the Government reiterates the reply given in its previous reports, that is, that the said Decree is not directed against the right to strike or the right to organize and that these provisions have never been implemented against workers exercising their right to strike peacefully. The Committee recalls however, that section 1, read in conjunction with sections 3, 4 and 5 of Decree No. 92-03, defines as subversive acts or acts of terrorism, offences directed, in particular, against the stability and normal functioning of institutions, through any action taken with the intention: (1) of obstructing the operation of establishments providing public service; or (2) of impeding traffic or freedom of movement in public places or highways, under penalty of severe sanctions including up to 20 years’ imprisonment. The Committee therefore again requests the Government to take steps through legislation or regulation to ensure that none of these provisions may be applied against workers peacefully exercising their right to strike.

In respect of section 43 of Decree No. 90-02 of 6 February 1990, the Committee had noted that this provision allowed a strike to be prohibited, not only in essential services, the interruption of which would endanger the life, personal safety or health of the population, which the Committee has always considered admissible, but also when the effect of the strike is likely to engender an acute economic crisis. Moreover, article 48 of the Decree empowers the Minister or the competent authority, where the strike persists and after the failure of mediation, to refer, after consultation with the employer and the representatives of the workers, a collective dispute to the arbitration commission. The Committee wishes to recall that compulsory arbitration should only be used at the request of both parties and/or that arbitration to end a strike should only be imposed when strikes occur in essential services in the strict sense of the term, or where the extent and duration of the strike could provoke an acute national crisis. It therefore again urges the Government to amend its legislation along the above indicated lines to bring it fully into conformity with the principles of freedom of association.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information contained in the Government's report.

The Committee recalls its previous comments concerning sections 1, 3, 4 and 5 of Legislative Decree No. 92-03 of 30 September 1992 on combating subversion, as well as sections 43 and 48 of Act No. 90-02 of 6 February 1990 on compulsory arbitration, and that these sections contain provisions which could jeopardize the right of workers' organizations to administer their activities and formulate their programme of action to defend the economic, social and occupational interests of their members, without interference from the public authorities.

The Committee notes in the first instance that the Government reiterates the response provided in its previous report, namely that Legislative Decree No. 92-03 of 30 September 1992 is not directed against the right to strike or the right to organize. The Committee, nevertheless, recalls that section 1, read in conjunction with sections 3, 4 and 5 of Decree No. 92-03, defines as subversive acts any offence directed, in particular, against the stability and the normal functioning of institutions, which aim to: (1) obstruct the operation of establishments providing public services; or (2) impede traffic or freedom of movement in public places or highways, under penalty of severe sanctions, including up to 20 years' imprisonment.

The Committee requests the Government to take measures, through legislation or regulation, to ensure that these provisions cannot be enforced against workers who are peacefully exercising their right to strike, which is an intrinsic corollary of the right to organize protected by the Convention.

Moreover, the Committee notes with interest that the Government's report indicates that the supervisory, advisory and aid programmes developed by the labour inspection services in the labour market, as well as those to resolve labour disputes, do not reveal any major obstacles in respect of the exercise of the right to organize as well as the right to strike.

The Committee, nevertheless, recalls that the power conferred on the Minister or the competent authority, under sections 43 and 48 of Act No. 90-02 of 6 February 1990, to refer an industrial dispute to the Arbitration Commission can only be used in the event of continued strike action and after the failure of mediation, provided for under section 46. The Minister, the Wali or the President of the Communal Peoples' Assembly concerned can, "when urgent social and economic needs require" and after consultation with the employer and the workers' representatives, refer the industrial dispute to the National Arbitration Commission.

The Committee wishes to recall once again that compulsory arbitration should only be used at the request of both parties and/or that arbitration to end a strike should only be imposed when strikes occur in essential services in the strict sense of the term, namely those whose interruption would endanger the life, personal safety or health of the whole or part of the population, or where the extent and duration of the strike could provoke an acute national crisis. The Committee therefore requests the Government to amend its legislation accordingly to bring it into greater conformity with the principles of freedom of association.

The Committee requests the Government to indicate in its next report the measures taken or envisaged to bring its legislation into conformity with the requirements of the Convention.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information contained in the Government's report. The Committee recalls that its previous comments concerned sections 1,3, 4 and 5 of Legislative Decree No. 92-03 of 30 September 1992 on combating subversion and sections 43 and 48 of Act No. 90-02-90 on compulsory arbitration.

The Committee notes, first, that the Government reiterates the reply given in its previous report, namely that Legislative Decree No. 92-03 of 30 September 1992 bears no relationship to the occupational sector and implies no risk of impairment of the right of workers' organizations which comply with legislation and regulations on trade union law to organize their activities and formulate their action programmes. The Committee also notes that 410 strikes affecting over 130,000 workers were recorded during 1995. Nevertheless, the Committee asks the Government once again to supply in its next report information on the application in practice of section 1, read in conjunction with sections 3, 4 and 5, of Legislative Decree No. 92-03, since this provision provides for life imprisonment for any action which aims "to obstruct the operation of establishments providing public services" or "to impede traffic or freedom of movement in public places or highways". The Committee requests the Government to send it the text of any legal decision handed down on this matter. In addition, it asks the Government to take the necessary measures to ensure that these provisions cannot be applied to legitimate trade union activities.

While noting with interest that, according to the Government, the Arbitration Commission has never been invoked to put an end to a conflict, the Committee recalls, nevertheless, that the power conferred on the minister or the competent authority by section 48 of the Act to refer an industrial conflict to the Arbitration Commission should be used only at the request of both parties and that the imposition of arbitration to put an end to a strike should be used only in the case of a strike in essential sectors in the strict meaning of the term or for strikes whose extent and duration risk causing an acute national crisis. It therefore requests the Government to amend its legislation so as to bring it into conformity with the principles of freedom of association.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Government indicates in its report that Legislative Decree No. 92-03 of 30 September 1992 on combating subversion bears no relationship to the occupational sector; legally constituted trade union organizations exercise their activities without any restrictions whatsoever with the exception of those set out in the texts governing trade union rights and, during 1994, a large number of strikes took place, including in the public economic sector. While noting this information, the Committee nevertheless considers that some of the provisions of Legislative Decree No. 92-03 could give rise to impairment of the rights of workers' organizations to organize their activities and formulate their action programmes to defend their members' economic, social and occupational interests. The Committee asks the Government to supply in its next report information on the application in practice of section 1 of Legislative Decree No. 92-03 which defines as subversive or terrorist acts any offences against, in particular, stability and the normal functioning of institutions, which aim to: (1) obstruct the operation of establishments providing public services; or (2) impede traffic or freedom of movement in public places or highways, which may be punished by severe sanctions, including life imprisonment, and to supply copies of all judicial rulings handed down on this matter.

Furthermore, the Committee has pointed out that section 43 of Act No. 90-02-90 prohibits strikes, not only in essential services the interruption of which would endanger the life, safety or health of citizens (which the Committee has already considered acceptable), but also when a strike is likely to cause a serious economic crisis. Moreover, section 48 of the Act confers upon the Minister, or the competent authority, in the event of a continuing strike and after failure to mediate, the power to refer, after consultation with the employer and the workers' representatives, an industrial dispute to the arbitration commission.

The Committee recalls that arbitration to end an industrial dispute should only be used at the request of both parties and not only after consultation with the parties, and that compulsory arbitration to end a strike should only be imposed when the strike occurs in an essential service in the strict sense of the term or where the extent and duration of the strike may provoke an acute national crisis. Noting that the Government provides information in its report on the large number of strikes which took place, the Committee asks the Government to continue to provide information on the application of these provisions in practice.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the content of Legislative Decree No. 92-03 of 30 December 1992 on combating subversion. While noting that most of the Decree's provisions do not fall within the scope of the protection provided for in the Convention, the Committee observes that some of them could give rise to impairment of the rights of workers' organizations to organize their activities and formulate their programme of action to defend the economic, social and occupational interests of their members, in particular by calling strikes. One such provision is section 1 which defines as subversive or terrorist acts any offences against, in particular, stability and the normal functioning of institutions, which aim to: (i) obstruct the operation of establishments providing public services; or (ii) impede traffic or freedom of movement in public places or highways, which may be punished by severe sanctions, including life imprisonment (sections 3, 4 and 5).

The Committee reminds the Government's of the importance it attaches to Article 8, paragraph 2, of the Convention which provides that national laws and regulations shall not be such as to impair, nor shall it be so applied as to impair the guarantees provided for in the Convention.

It also recalls that all penal sanctions should be proportionate to the seriousness of offences committed and that if they are imposed at all, measures of imprisonment in any case should be subject to the regular judicial control (see 1994 General Survey on Freedom of Association and Collective Bargaining, paragraph 177).

The Committee asks the Government to indicate in its next report the measures taken or envisaged to ensure that the above-mentioned provisions are not so applied as to impair the guarantees provided for in the Convention.

The Committee also recalls the importance of the principle that workers and their organizations should have the possibility to strike in furtherance and defence of their economic, social and professional interests. Act No. 90-02 of 6 February 1990 establishes a prohibition of strikes where they could result in a major economic crisis (section 43), or in case of pressing economic and social necessity (section 48). The Committee stresses that, in situations like these, when strikes are limited or prohibited, workers are deprived of an essential means to further their collective claims. They should, in compensation, be able to avail themselves of the guarantees for the settlement of collective disputes. Workers and employers should be able to participate in the various stages of the procedure. Moreover, in case of a peaceable strike, workers should not be liable to imprisonment. The Committee asks the Government to provide information in its next report on any case of application of the mentioned provisions during the period under report.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report.

In reply to its previous direct request, the Committee notes that the Government indicates in its report that Legislative Decree No. 92-03 of 30 September 1992 on combating subversion bears no relationship to the occupational sector; legally constituted trade union organizations exercise their activities without any restrictions whatsoever with the exception of those set out in the texts governing trade union rights and, during 1994, a large number of strikes took place, including in the public economic sector. While noting this information, the Committee nevertheless considers that some of the provisions of Legislative Decree No. 92-03 could give rise to impairment of the rights of workers' organizations to organize their activities and formulate their action programmes to defend their members' economic, social and occupational interests. The Committee asks the Government to supply in its next report information on the application in practice of section 1 of Legislative Decree No. 92-03 which defines as subversive or terrorist acts any offences against, in particular, stability and the normal functioning of institutions, which aim to: (1) obstruct the operation of establishments providing public services; or (2) impede traffic or freedom of movement in public places or highways, which may be punished by severe sanctions, including life imprisonment, and to supply copies of all judicial rulings handed down on this matter.

Furthermore, the Committee has pointed out that section 43 of Act No. 90-02-90 prohibits strikes, not only in essential services the interruption of which would endanger the life, safety or health of citizens (which the Committee has already considered acceptable), but also when a strike is likely to cause a serious economic crisis. Moreover, section 48 of the Act confers upon the Minister, or the competent authority, in the event of a continuing strike and after failure to mediate, the power to refer, after consultation with the employer and the workers' representatives, an industrial dispute to the arbitration commission.

The Committee recalls that arbitration to end an industrial dispute should only be used at the request of both parties and not only after consultation with the parties, and that compulsory arbitration to end a strike should only be imposed when the strike occurs in an essential service in the strict sense of the term or where the extent and duration of the strike may provoke an acute national crisis. Noting that the Government provides information in its report on the large number of strikes which took place, the Committee asks the Government to continue to provide information on the application of these provisions in practice.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee takes due note of the Government's report containing replies to the points that it raised in its previous direct request.

However, the Committee notes the content of Legislative Decree No. 92-03 of 30 December 1992 on combating subversion. While noting that most of the Decree's provisions do not fall within the scope of the protection provided for in the Convention, the Committee observes that some of them could give rise to impairment of the rights of workers' organizations to organize their activities and formulate their programme of action to defend the economic, social and occupational interests of their members, in particular by calling strikes. One such provision is section 1 which defines as subversive or terrorist acts any offences against, in particular, stability and the normal functioning of institutions, which aim to: (i) obstruct the operation of establishments providing public services; or (ii) impede traffic or freedom of movement in public places or highways, which may be punished by severe sanctions, including life imprisonment (sections 3, 4 and 5).

The Committee reminds the Government's of the importance it attaches to Article 8, paragraph 2, of the Convention which provides that national laws and regulations shall not be such as to impair, nor shall it be so applied as to impair the guarantees provided for in the Convention.

It also recalls that all penal sanctions should be proportionate to the seriousness of offences committed and that if they are imposed at all, measures of imprisonment in any case should be subject to the regular judicial control (see 1994 General Survey on Freedom of Association and Collective Bargaining, paragraph 177).

The Committee asks the Government to indicate in its next report the measures taken or envisaged to ensure that the above-mentioned provisions are not so applied as to impair the guarantees provided for in the Convention.

The Committee also recalls the importance of the principle that workers and their organizations should have the possibility to strike in furtherance and defence of their economic, social and professional interests. Act No. 90-02 of 6 February 1990 establishes a prohibition of strikes where they could result in a major economic crisis (section 43), or in case of pressing economic and social necessity (section 48). The Committee stresses that, in situations like these, when strikes are limited or prohibited, workers are deprived of an essential means to further their collective claims. They should, in compensation, be able to avail themselves of the guarantees for the settlement of collective disputes. Workers and employers should be able to participate in the various stages of the procedure. Moreover, in case of a peaceable strike, workers should not be liable to imprisonment. The Committee asks the Government to provide information in its next report on any case of application of the mentioned provisions during the period under report.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Following the adoption of Act No. 90-14 of 2 June 1990 respecting the procedures for exercising the right to organize and Act No. 90-02 of 6 February 1990 respecting the prevention and settlement of collective labour disputes and the exercise of the right to strike, the Committee wishes to draw the Government's attention to the following points:

Article 2 of the Convention. With reference to Act No. 90-14 of 2 June 1990, the Committee requests the Government to indicate whether foreign workers enjoy the right to organize.

Article 3. The Committee would be grateful if the Government would supply information on the circumstances in which use is made, for the period covered by its next report, of the following provisions of Act No. 90-02 of 6 February 1990: section 41 respecting requisitioning; section 48 respecting referral to binding arbitration under certain conditions; and section 55 respecting penal sanctions.

Article 4. With reference to section 27 of Act No. 90-14 of 2 June 1990, the Committee requests the Government to indicate whether the suspension of trade union organizations can be proclaimed before the competent legal authority has ruled concerning the admissibility of the application by the public authorities to suspend a trade union and, if so, to state the authority that is competent to proclaim suspension.

Articles 5 and 6. With reference to section 26(2) of Act No. 90-14 of 2 June 1990, the Committee notes that funding from abroad may only be received with the authorization of the authorities. The Committee draws the Government's attention to the fact that international affiliation implies the right for national trade unions to benefit from the services and advantages flowing from their affiliation. The Committee would be grateful if the Government would supply information on all the cases in which the authorities have not given their authorization under this provision of the Act and to state whether it is possible to appeal to the courts against such a decision.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Following the adoption of Act No. 90-14 of 2 June 1990 respecting the procedures for exercising the right to organise and Act No. 90-02 of 6 February 1990 respecting the prevention and settlement of collective labour disputes and the exercise of the right to strike, the Committee wishes to draw the Government's attention to the following points:

Article 2 of the Convention. With reference to Act No. 90-14 of 2 June 1990, the Committee requests the Government to indicate whether foreign workers enjoy the right to organise.

Article 3. The Committee would be grateful if the Government would supply information on the circumstances in which use is made, for the period covered by its next report, of the following provisions of Act No. 90-02 of 6 February 1990: section 41 respecting requisitioning; section 48 respecting referral to binding arbitration under certain conditions; and section 55 respecting penal sanctions.

Article 4. With reference to section 27 of Act No. 90-14 of 2 June 1990, the Committee requests the Government to indicate whether the suspension of trade union organisations can be proclaimed before the competent legal authority has ruled concerning the admissibility of the application by the public authorities to suspend a trade union and, if so, to state the authority that is competent to proclaim suspension.

Articles 5 and 6. With reference to section 26(2) of Act No. 90-14 of 2 June 1990, the Committee notes that funding from abroad may only be received with the authorisation of the authorities. The Committee draws the Government's attention to the fact that international affiliation implies the right for national trade unions to benefit from the services and advantages flowing from their affiliation. The Committee would be grateful if the Government would supply information on all the cases in which the authorities have not given their authorisation under this provision of the Act and to state whether it is possible to appeal to the courts against such a decision.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous comments, the Committee notes with satisfaction the adoption of Act No. 90-14 of 2 June 1990 respecting the procedures for exercising the right to organise and Act No. 90-11 of 21 April 1990 respecting labour relations, which put an end to the single trade union system and introduced the possibility of trade union pluralism. The Government indicates in its report that many independent organisations of workers and employers have been established since the adoption of these texts.

The Committee also notes the adoption of Act No. 90-02 of 6 February 1990 respecting the prevention and settlement of collective labour disputes and the exercise of the right to strike, which authorises strike action in both the public and private sectors.

The Committee is addressing a request for information concerning other points directly to the Government.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the new Algerian Constitution and notes that section 54, like former section 61, recognises the right to strike within the law, but also provides that legislation can prohibit or restrict the exercise of this right in the areas of national defence and security for all public services or activities that are of vital interest for the community.

The Committee has been commenting for several years on the question of the exercise of the right to strike, with regard to:

- the procedure for dispute settlements laid down by Act No. 82-05 of 13 February 1982 which leads to compulsory arbitration whose effect is to restrict, if not prohibit, the exercise by workers of the right to strike as a means of defending their interests; and

- section 209 of Act No. 78-12 which constitutes a threat to the exercise of this right in that it provides that punishments shall be imposed for obstruction of the right to work of other persons, or interference with production, or the occupation of work premises and the immobilisation of the means of production, even if the Government has repeatedly stated that this provision is not applied in practice.

The Committee notes that far-reaching reforms are being carried out. It trusts that the measures to be taken to implement the new provisions of the Constitution will take account of its observation that the right to resort to strike action should not be limited, or prohibited, by the application of indirect provisions such as recourse to compulsory arbitration or the threat dc sanctions when this right is exercised legally, as is currently the case. In the opinion of the Committee, the right to strike may be limited or prohibited only in the case of public servants acting in their capacity as agents of the public authority or in essential services in the strict sense of the term, i.e. services whose interruption would endanger the life, personal safety or health of the whole or part of the population, or in the case of an acute national crisis, and then only for a limited period.

The Committee requests the Government to provide information on the measures taken or under consideration to ensure that effect is given to the Convention in this respect.

The Committee would also be grateful if the Government would provide a copy of the by-laws of the UGTA with its next report.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of Presidential Decree No. 89-18 of 28 February 1989 concerning the publication in the Official Gazette of the Republic of Algeria of the revised Constitution adopted by referendum on 23 February 1989.

The Committee notes with interest the amendments to the Constitution which, as the Government stresses in its last report, give statutory effect to the separation of the Party and the State, prepare the way for political pluralism by allowing associations of a political nature to be created, free social and occupational organisations from all accountability in respect of their actions and procedures for the appointment of their officers by excluding any references to the Party and the National Charter.

However, the Committee notes that, while the new Constitution introduces far-reaching political reforms, the status of the right to organise is still not consistent with the requirements of the Convention.

For many years, the Committee's comments have addressed the question of the single-trade-union system instituted by the legislation in favour of the General Federation of Algerian Workers (UGTA), which is designated as the sole central workers' organisation and which has the exclusive right to set up the trade union structure nationwide (Ordinance No. 71-75, 16 November 1971; Ordinance No. 75-31, 29 April 1975; Act No. 78-12, 5 August 1978). The new Act (No. 88-28) of 19 July 1988 respecting the procedures for the exercise of the right to organise incorporates, rather than repealing the former provisions mentioned by the Committee and has therefore not changed the situaton in this respect. Although the right to organise is set forth in the new Constitution in the chapter on the rights and freedoms of citizens, this right can only be exercised to the advantage of the UGTA (sections 9 and 10 of Act No. 88-28). Furthermore, the UGTA has exclusive competence in respect of the establishment, organisation, suspension and dissolution of trade union structures (sections 7 and 8 of Act No. 88-28). In addition, section 6 of Act No. 87-15 of 21 July 1987 respecting associations allows the administrative authority to dissolve an association, which is contrary to Articles 2 and 4 of the Convention. Lastly, in the private sector, competence for collective bargaining is conferred on trade unions established by the UGTA by sections 29 and 31 of Act No. 88-28, and exercise of the right to strike, without the permission of the trade union authorities, is liable to sanctions (section 30 of Act No. 88-28; sections 15 and 21 of Ordinance No. 71-75 of 16 November 1975).

The UGTA also retains its responsibility for the cultural, social and political training of workers (section 4 of Act No. 88-28).

The Committee therefore reminds the Government once again that a trade union monopoly system, when it is established by law, is not consistent with Article 2 of the Convention whose purpose is to enable workers to set up organisations of their own choosing, and Article 8 which provides that the law of the land shall not be such as to impair, nor shall it be so applied as to impair, the guarantees provided for in the Convention. The principle of Article 2 is not intended as an expression of support for either trade union unity or trade union pluralism. However, the Convention implies that pluralism should at least be possible in all cases. Furthermore, under Article 4 of the Convention, workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative authority.

The Committee notes the Government's statement in its last report to the effect that the highly relevant comments made by the Committee of Experts on the provisions of the laws and regulations to give effect to the Convention are a focal point of the discussions taking place in the context of the current constitutional and political reforms. The Committee trusts that these reforms will be pursued with a view to repealing the restrictions imposed by the legislation on the right of workers to establish organisations of their own choosing provided for in Article 2 of the Convention, and the statutory provisions that are contrary to Article 4. The Committee requests the Government to guarantee that all workers have the right, if they so wish, to establish trade unions of their own choosing, outside the established trade union structure, and that such unions shall not be liable to be dissolved by the UGTA or by an administrative decision, and to provide information on the measures taken or under consideration to bring the legislation into conformity with this Convention which was ratified many years ago.