Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre la consulta tripartita (normas internacionales del trabajo), 1976 (núm. 144) - Argelia (Ratificación : 1993)

The Committee notes the observations of the Trade Union Confederation of Productive Workers (COSYFOP), received on 31 August 2023, 24 August 2024 and 30 July 2025. The Committee also notes the Government’s reply provided in its report.

Article 5(1) of the Convention. Effective tripartite consultations. The Committee notes that the Government repeats the information previously provided concerning the tripartite consultations held in 2019 on trade union activity in an era of change. It notes that, pursuant to section 89 of Act No. 23-02 of 25 April 2023, the representatives are particularly consulted on: (i) the development and evaluation of national and local programmes for economic, social and environmental development; (ii) employment policy; (iii) the protection of purchasing power and remuneration policy; (iv) the development, evaluation and revision of legislation and regulations on labour, employment and social security; (v) the process for the ratification and implementation of international treaties on economic, social and environmental matters. In this regard, the Committee notes the Government’s indication that the consultations on the ratification of the Violence and Harassment Convention, 2019 (No. 190), were unsuccessful.

The Committee observes that these consultations therefore do not address the subjects covered by Article 5(1) of the Convention. The Committee notes with deep regret that, since 2003, the Government has not provided information on the manner in which it fulfils its obligations under the Convention. Consequently, recalling the persistence of this failure for over two decades, the Committee once again requests the Government to provide, without delay, specific and detailed information on the manner in which tripartite consultations are held on all matters relating to international labour standards covered by Article 5(1) of the Convention, including information on the content and outcome of those consultations for the entire reporting period.

Article 5(1)(a). Replies to questionnaires concerning items on the agenda of the International Labour Conference. The Committee notes the Government’s indication that: (i) the trade union organizations are informed each year of the agenda of the International Labour Conference; and (ii) their travel expenses are covered, within reasonable limits, by the labour administration. The Committee underscores that the simply informing the social partners is not sufficient to consider that Article 5(1)(a) is effectively applied. It recalls that the representative organizations of employers and workers must, under the terms of this provision, be consulted at each of the preparatory stages of the double discussion procedure on items on the agenda of the Conference with a view to the adoption of new instruments. In the first place, these are held with a view to preparing the Government’s reply to the Office questionnaire; and in the second place, concerning the comments which the Government may wish to make on the proposed texts of instruments prepared by the Office with a view to their examination during the second discussion at the Conference (2000 General Survey on tripartite consultation, para. 79). The Committee therefore requests the Government to provide information on any measures taken or envisaged in order to ensure that effective consultations are held with the representative organizations of employers and workers, in conformity with Article 5(1)(a) of the Convention.

Article 5(1)(b). Proposals to the competent authorities in connection with the submission of instruments adopted by the Conference. The Committee notes that the Government provides no information regarding prior consultation with employers’ and workers’ organizations on the nature of the proposals made as to the action to be taken on the submission of instruments adopted by the Conference to the competent authorities. It recalls that this consultation is an essential step to ensure compliance with the obligation of submission envisaged in article 19 of the Constitution of the ILO, which is of fundamental importance to the standards system of the Organization. In this regard, the Committee underlines that the Government has not provided information on the comments made by the Committee in 2018 concerning the obligation of submission envisaged in article 19 of the Constitution of the ILO. It further notes that seven instruments adopted by the Conference between 2015 and 2023 have still not been submitted to the competent authorities, in accordance with this obligation. Consequently, the Committee requests the Government to provide information on any measures taken or envisaged to ensure that effective consultations with the representative organizations of employers and workers are held in conformity with Article 5(1)(b) of the Convention.

Articles 1 and 3. Participation in consultations. The Committee notes the observations of COSYFOP, according to which independent trade unions have never been invited to any forum for dialogue with the Government. It notes the Government’s reply, which indicates that participation in tripartite meetings remains a prerogative for the most representative trade union organizations at the national level. The Committee recalls in this regard that, although the Convention requires that the most representative organizations of employers and workers participate in consultations, it does not in any way prevent the involvement of representatives of other organizations (2000 General Survey on tripartite consultation, para. 37). The Committee requests the Government to provide information, where relevant, on the consultations held under these conditions.