Effect given to the recommendations of the committee and the Governing Body - Report No 340, March 2006

Case No 2153 (Algeria) - Complaint date: 17-SEP-01 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 15. This case was last examined by the Committee at its March 2005 meeting and concerns allegations of obstacles to the establishment of trade union organizations and a trade union confederation and to the exercise of trade union rights, anti-union dismissals, anti-union harassment by the public authorities and the arbitrary arrest and detention of union members [see 336th Report, paras. 145-178]. On that occasion, the Committee made the following recommendations:
2. (a) The Committee urges the Government to maintain an attitude of total neutrality with regard to the dispute between the various factions within the SNAPAP, and to provide it with a copy of the judgement on the case as soon as it is handed out.
3. (b) The Committee once again requests the Government to take the necessary legislative or other steps to enable the representativeness of trade union organizations to be determined without the identities of their members being revealed – for instance, by means of a secret ballot.
4. (c) The Committee requests the Government to take the necessary steps, if requested by the UNFP, the UNFJ and the UFPC, to determine the representativeness of these organizations through a procedure that complies with the principles outlined above and, if they are deemed representative, to grant them all the rights that accompany trade union status.
5. (d) The Committee requests the Government 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. It urges the Government 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 Algerian Confederation of Independent Trade Unions (CASA). The Committee requests to be kept informed of measures taken in this respect.
6. (e) The Committee requests the Government and the complainant organization to indicate whether any judicial appeal has been lodged against the decision of the joint committee and, if this is the case, to keep it informed of the outcome of this procedure.
7. (f) The Committee requests the Government to provide it with a copy of the judgement concerning Messrs. El Hachemi Belkhir, Mohamed Benahmed, Rabeh Mebarki, Mokhtar Mesbah, Benchâa Benatia, Mohamed Bekhil and Djeloul Amar Behida, as soon as that judgement has been passed.
8. (g) The Committee requests the Government to provide it with the judgement concerning Mr. Khaled Mokhtari as soon as that judgement has been passed.
9. 16. The Government provided information concerning the above recommendations in two communications dated 23 December 2005 and 6 March 2006.
10. – In respect of recommendation (a) the Government states that, on 13 June 2005, the Court of El Harrach passed a judgement ordering the previous leadership of the SNAPAP, chaired by Mr. Rachid Malaoui, to vacate the union offices in favour of the new union leadership, chaired by Mr. Belkacem Felfoul, which had been elected at the congress of 25 and 26 May 2004. In its communication dated 6 March 2006, the Government indicates that the Algiers Court of Appeal upheld the judgement of the Court of El Harrach. A letter by Mr. Felfoul rejecting the complainant’s allegations concerning the legitimacy of his election to the leadership of SNAPAP, is annexed to the communication.
11. – With regard to recommendation (b), the Government reiterates that the criteria for assessing the representativeness of trade union organizations are prescribed, by Act No. 90-14 of 2 June 1990 concerning the conditions for the exercise of trade union rights. In this regard, it states: “Mr. Rachid Malaoui has to this day failed to present evidence proving the representativeness of the faction that he claims to represent within the trade union organization, including, as stated in the Committee’s recommendation, by means of a secret ballot”.
12. – In respect of recommendation (c), the Government observes that none of the organizations mentioned has submitted the registration documents required under the aforementioned Act of 2 June 1990.
13. – As regards recommendation (d), the Government repeats its reservations, expressed several times before, regarding the registration of the CASA. It further states that the founding members of the CASA have not resubmitted their documents taking account of the Government’s observations.
14. – In respect of recommendation (e), the Government states that the case of the seven workers dismissed from the Prefecture of Oran is currently before the court and that it will provide a copy of the judgement as soon as it has been given.
15. – As concerns recommendation (f), the Government states that the workers concerned have won their case in the Administrative Chamber of the Court of Oran and have been reinstated in their posts.
16. – Finally, in respect of recommendation (g) concerning the situation of Mr. Khaled Mokhtari, the Government has provided the Committee with a copy of the judgement pronounced by the Court of Sidi Bel Abbes overturning the prison sentence and requiring only the payment of a fine.
17. 17. In communications dated 8, 16 and 27 February 2006, the complainant organization notes that, on 5 February 2006, the Algiers Court of Appeal upheld the judgement of the Court of El Harrach. It however considered the actions of the Government (i.e. the payment of the subsidies aimed at financing complaints against the SNAPAP faction led by Mr. Rachid Malaoui, and at influencing judicial decisions) to be contrary to recommendation (a) of the Committee.
18. 18. The Committee takes note of this information. In particular, it notes the judgement passed with regard to the internal conflict between the two factions of the SNAPAP confirmed by the Algiers Court of Appeal on 5 February 2006. The Committee requests the Government to indicate whether appellate proceedings have been filed against the judgement of the Algiers Court of Appeal and, if so, to provide it with a copy of the relevant decision as soon as it is issued. The Committee also requests the Government to provide its observation on the complainant’s allegations concerning the payment of subsidies aimed at financing complaints against one of the SNAPAP factions. It also notes the judgement given in the case of Mr. Khaled Mokhtari and trusts that, in future, the authorities concerned will not impose penalties on union members carrying out legitimate activities. In respect of the situation of the seven workers dismissed from the Prefecture of Oran, the Committee notes that proceedings are still in progress and requests the Government to keep it informed regarding the decision reached on this matter. Finally, in respect of recommendation (f), the Committee notes with interest the Government’s statement that the workers involved have won their case in the Administrative Chamber of the Court of Oran and have been reinstated in their posts.
19. 19. Moreover, the Committee notes that several of its recommendations have yet to be implemented:
20. – as concerns recommendation (b), the Committee recalls that the authority’s practice of requiring a list of the names of all members of an organization with a copy of their membership cards does not comply with the criteria for representativeness established by the Committee. The Committee can only refer back to its previous conclusions regarding the danger of reprisals and anti-union discrimination inherent in a requirement of this type. It once again urges the Government to take the necessary steps to ensure that decisions enabling the determination of the representativeness of a particular organization can be taken without the identities of their members being revealed;
21. – in respect of recommendation (d), the Committee notes that the Government’s reply does not take account of the Committee’s previous conclusions regarding the failure of national legislation to comply with Article 5 of Convention No. 87 (prohibition on forming associations grouping together certain sectors). The Committee urges the Government to take the necessary steps to amend these legal provisions promptly in order to allow workers’ organizations to form federations and confederations of their own choosing, irrespective of the sector to which they belong, and to keep it informed of the measures taken in this regard.
22. 20. The Committee draws the legislative aspects of this case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.