Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Algérie (Ratification: 1969)

Article 1(a) of the Convention. Imprisonment involving compulsory labour as a penalty for expressing political views or opposition to the established political, social or economic system. Associations Act. In its previous comments, the Committee noted that under the legislation in force prison labour may be imposed as part of a prison sentence (section 2 of the Inter-Ministerial Order of 26 June 1983 establishing arrangements for the use of prison labour by the National Office of Educational Works and section 96 of Act No. 05-04 of 6 February 2005 issuing the Prison Code and regulations on the social reintegration of prisoners). The Committee noted that section 39 of the Associations Act (No. 12-06 of 12 January 2012) provides that an association may be suspended or dissolved “in the event of interference in the internal affairs of the country or an attack on national sovereignty” and that section 46 provides that “any member or leader who continues to act on behalf of an association which is neither registered nor approved, or is suspended or dissolved” shall be liable to a fine and imprisonment of three to six months. The Committee also noted the indications of the United Nations Office of the High Commissioner for Human Rights (OHCHR) in 2017 that civil society organizations faced severe restrictions following the adoption of the Associations Act (Act No. 12-06). The Committee asked the Government to take steps to ensure that Act No. 12-06 cannot be used to impose prison sentences (including compulsory labour) on persons who, through exercising their right of association, express political views or opposition to the established political, social or economic system.

The Government indicates in its report that section 39 of the Associations Act (Act No. 12-06) provides for a non-penal administrative penalty in the event of interference in the internal affairs of the country and that punishable acts have no connection with political orientation or views. Similarly, the penalties et forth in section 46 are imposed when the persons concerned continue to be active in an association that has not been registered or has been dissolved or suspended, and this also has no connection with the expression of political views or political orientation. Moreover, the Government emphasizes that what is imposed on offenders is imprisonment (in addition to a fine) and not compulsory or forced labour. It adds that forced or compulsory labour is not on the list of penalties provided for by Algerian legislation as a penalty for offences in general. The Government also indicates that work done by prisoners is subject to their prior consent and that any prisoner wishing to work must submit a request to the judge responsible for the enforcement of sentences.

The Committee notes this information. However, it notes that under the provisions of section 2 of the Inter-Ministerial Order of 26 June 1983, in the context of the rehabilitation, training and social promotion of prisoners, “prisoners are required to do useful work”, compatible with their health, order, discipline and security. Furthermore, section 96 of Act No. 05-04 of 6 February 2005 issuing the Prison Code and regulations on the social reintegration of prisoners, provides that “prisoners may be assigned useful work by the prison director”. As it indicated previously, the Committee considers that the voluntary nature of prison work is not apparent in the wording of these provisions, which, on the contrary, allow work to be imposed on persons who have been sentenced to imprisonment. The Committee also considers that even if prison work is voluntary in practice, amendments should be made accordingly in the legislation in order to avoid any legal ambiguity.

The Committee further notes that the United Nations Human Rights Committee, in its concluding observations of 2018, expresses concern at numerous reports of the Government rejecting the by-laws of existing organizations that had been brought into line with the legislation, as that practice limits the freedoms of associations and exposes their members to heavy penalties for unauthorized activity (CCPR/C/DZA/CO/4, paragraph 47). The Committee points out that section 46 of Act No. 12-06 of 12 January 2012 provides that if a member of an organization which has not yet been registered or approved or has been suspended or dissolved (for example, under section 39 of the Act) continues to be active, that person shall be liable to imprisonment of three to six months. The Committee recalls that, under Article 1(a) of the Convention, the range of activities which must be protected from punishment involving compulsory labour includes those performed as part of the freedom to express political or ideological views, as well as various other generally recognized rights. These include the rights of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views (see 2012 General Survey on the fundamental Conventions, paragraph 302).

The Committee therefore once again requests the Government to take the necessary steps to ensure that persons who, through exercising their right of association, express political views or peaceful opposition to the established political, social or economic system cannot be subjected to imprisonment on the basis of section 46 of the Associations Act (No. 12-06). The Committee requests the Government to provide information on the application in practice of section 46 of Act No. 12-06, indicating the number of prosecutions initiated under this provision, the nature of the offences recorded and the type of penalties imposed.

Article 1(d). Penalties for participating in strikes. In its previous comments, the Committee referred to Act No. 90-02 of 6 February 1990, as amended and supplemented, concerning the prevention and settlement of collective labour disputes and the exercise of the right to strike, which imposes restrictions on the exercise of the right to strike. It noted that sections 37 and 38 of this Act establish the list of essential services in which a compulsory minimum service must be maintained, and that section 55(1) of this Act provides that anyone who causes or seeks to cause, or maintains or seeks to maintain, a strike contrary to the provisions of the Act, even without violence or assault against persons or property, shall be liable to imprisonment (involving the possibility of compulsory labour) ranging from eight days to two months and/or a fine. The Committee asked the Government to take the necessary steps to ensure that no worker may be sentenced to imprisonment for participating peacefully in a strike, and also to supply information on the application in practice of section 55(1) of Act No. 90-02.

The Government indicates that workers who participate peacefully in a strike while observing legal procedures are not the target of section 55(1) of Act No. 90-02. It explains that the aim of section 55(1) is to ensure collective consultation between the employer and the workers’ representatives. Consultation is compulsory when a collective labour dispute arises between the employer and the workers’ representatives. The Committee notes this information. In this regard, the Committee emphasizes that, regardless of the legal status of the strike, any penalty imposed should be proportionate to the seriousness of the offence committed, and the authorities should avoid recourse to imprisonment involving compulsory labour for those who organize a strike or participate in it peacefully. The Committee therefore urges the Government to take the necessary measures in law and in practice to ensure that no worker who participates peacefully in a strike can be sentenced to imprisonment involving compulsory labour. The Committee requests the Government to provide information on any progress made in this respect.

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