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

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



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.