Caso individual (CAS) - Discusión: 2015, Publicación: 104ª reunión CIT (2015)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Argelia (Ratificación : 1962)



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.