Informe provisional - Informe núm. 411, Junio 2025

Caso núm. 3434 (Argelia) - Fecha de presentación de la queja:: 15-AGO-22 - Activo

Allegations: The complainant organizations allege that the authorities are interfering in the work of COSYFOP and hindering its trade union activities; anti-union measures and judicial harassment towards members of the organization; and amendments to the law that would result in criminal punishment for trade union activity in the case of the dissolution of an organization or even classifying certain trade union activities as terrorism

1. 93. The Committee last examined this case (submitted in 2022) at its March 2024 meeting, when it presented an interim report to the Governing Body [see 405th Report, paras 68–188, approved by the Governing Body at its 350th Session (March 2024)].
2. 94. The complainant organization submitted additional information in communications dated 11 February and 7 and 9 April 2025.
3. 95. The Government sent its observations in communications dated 14 April and 27 August 2024 and 13 January and 10 April 2025.
4. 96. Algeria has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 97. During its previous examination of the case, in March 2024, the Committee made the following recommendations [see 405th Report, para. 188]:
   • (a) Taking into account the difference in opinion between the Government and the complainant with regard to the refusal of the authorities to register the change in the leadership body of COSYFOP, the Committee requests both parties to provide additional information about the obtaining of COSYFOP’s constitutional statement and its old statutes.
   • (b) The Committee invites COSYFOP to provide information about the trade union organizations that are affiliated with it, in particular to specify whether these include the National Union for the Railway Sector (SNSTF), the National Union for the Ammonia/Fertilizer Sector (SNSAE), the National Union for the Marketing and Distribution of Petroleum Products Sector (SNSCDPP), the National Union of Energy Workers (SNT Energie) and the National Union of Industrial Workers (SNSI).
   • (c) The Committee requests the Government to provide information about the registration by the authorities of the COSYFOP bureau led by Mr Benheddad, specifying in particular whether this bureau includes representatives of the originally affiliated organizations or whether it has submitted the original statutes, like the administration required of the complainant organization.
   • (d) The Committee requests the complainant to provide any information available to it on the functioning of the two factions of COSYFOP and to detail any interference or intervention from the authorities in the conduct of their respective activities.
   • (e) The Committee requests the Government to specify whether the closure of the COSYFOP headquarters was done with a legal warrant. If not, the Committee urges the Government to take immediate measures to permit COSYFOP to have free access to its headquarters and to hold trade union meetings there without any interference.
   • (f) The Committee urges the Government to ensure that article 87 bis of the Criminal Code is not applied to the normal activities of trade unions and employers’ organizations, in particular when it comes to a call to strike, protests or peaceful calls for a change in government. The Committee requests the Government, in consultation with the social partners, to monitor the impact that this provision has already had and is likely to have, to ensure that it does not affect the exercise of freedom of association.
   • (g) The Committee urges the Government to continue to provide information about the legal decisions taken with regard to the trade union leaders cited, in particular those who are subject to criminal proceedings, to provide copies of those decisions and to provide a detailed indication of the follow-up.
   • (h) The Committee requests the Government to provide its observations concerning the situation of the trade union leaders Mr Bennouna and Mr Lahouiri, cited in the communication from the complainant dated 22 December 2023.
   • (i) The Committee urges the Government to commit to ensuring that Mr Mellal, Mr Kouafi and Mr Kherroubi can return to the country to carry out their trade union activities in an environment free of violence, pressure or threats.
   • (j) The Committee requests the Government to identify, in consultation with the social partners, the best way to guarantee that the penalties under article 60 cannot be imposed in cases of voluntary dissolution. The Committee requests the Government to indicate any measures taken or envisaged in this respect.
   • (k) The Committee firmly urges the Government to make contact with COSYFOP in order to find a way out of the difference of opinion concerning the election of its leaders, in order to facilitate the registration process. The Committee expects the Government to indicate any measures taken in this respect.
   • (l) The Committee firmly urges the Government to implement its recommendations without delay in order to ensure an environment in which trade union rights are respected and guaranteed for all trade union organizations, and workers are able to join the union of their choice, elect their representatives and exercise their trade union rights without fear of reprisals and intimidation.
   • (m) The Committee refers the legislative aspects of this case to the Committee of Experts on the Application of Conventions and Recommendations.

B. The complainant’s additional information

1. 98. In communications dated 11 February and 7 and 9 April 2025, the complainant organization provides the following additional information:
2. Change in leadership of COSYFOP
3. 99. The complainant organization reiterates that it is not requesting reregistration, as it has been legally registered since 1991. The Trade Union Confederation of Productive Workers (COSYFOP) calls on the Government to stop contesting the results of the 2018 union elections, which led to a change in the organization’s leadership. This change was made in line with Act No. 90/14 on the exercise of freedom of association, which does not require reregistration following a change in the leadership of an already registered trade union. COSYFOP has complied with all procedures concerning changes in the leadership of trade union organizations under article 17 of Act No. 90/14.
4. 100. The complainant organization also points out that the Government’s refusal to recognize the change in its leadership constitutes a violation of the right to organize and interference in its internal affairs. This refusal is contrary to the position of the Committee on Freedom of Association, which considers that “the organization of elections should be exclusively a matter for the organizations concerned, in accordance with Article 3 of Convention No. 87” [see 336th Report, Case No. 2353, para. 864; 340th Report, Case No. 2411, para. 1397]. According to the complainant organization, the Government is breaching national legislation guaranteeing the independence of trade unions and the right of workers to elect their representatives freely pursuant to Act No. 90/14. While the Ministry of Labour is empowered to request the dissolution of trade unions, it does not have the capacity to challenge the results of trade union elections or to give its opinion on their conduct. The authorities also lack the legal standing to bring proceedings before the labour courts to have the results of a union’s general assembly annulled. Furthermore, the authorities’ refusal to recognize the results of the elections at the 2018 COSYFOP general assembly also contravenes article 500 of the Code of Civil and Administrative Procedure, which confers exclusive jurisdiction on labour courts to rule on internal trade union disputes, including those concerning the annulment of elections. In accordance with article 800 of the Code, administrative courts have exclusive jurisdiction to rule on disputes between an administrative entity and an association. Consequently, under the applicable legal framework, the authorities cannot, under any circumstances, refuse to recognize the results of trade union elections or annul them, since they can apply to the administrative courts only to request the dissolution of a trade union organization in cases strictly defined by law.
5. 101. With regard to the Committee’s recommendations requesting additional information about the obtaining of COSYFOP’s constitutional statement and its old statutes (recommendation (a)) and an indication of affiliated organizations (recommendation (b)), the complainant organization states that COSYFOP was legally established and registered on 4 February 1991 as a trade union confederation, becoming the second officially recognized trade union confederation in Algeria. At its constituent assembly, COSYFOP was composed of three trade unions: (i) the National Union for the Railway Sector (SNSTF); (ii) the National Union for the Ammonia/Fertilizer Sector (SNSAE); and (iii) the National Union for the Marketing and Distribution of Petroleum Products Sector (SNSCDPP). The complainant organization asserts that these three founding unions of COSYFOP have not had any representatives since 1994. However, this situation does not call into question the registration of COSYFOP, whose bureau and general assembly comprise representatives of unions rather than of the organizations themselves.
6. 102. According to the complainant organization, in 2017, the Ministry of Labour published a list of registered trade unions, the majority of which were fictitious and had no representatives. This situation was brought to the attention of the International Labour Conference in June 2019, when it was highlighted that the Government of Algeria uses these fictitious trade unions to deceive monitoring bodies and create the illusion of trade union pluralism. Most of the registered trade unions no longer had representatives, who had been repressed and forced by the security services to withdraw from the trade union scene. This was the case in particular for COSYFOP in the energy and oil sectors. As a result, it was possible to change COSYFOP’s leadership instead of setting up another confederation, which would never have been registered given the authorities’ resistance, as demonstrated by their refusal to register the Autonomous General Confederation of Workers in Algeria (CGATA) despite the recommendations of the high-level mission and the ILO supervisory bodies.
7. 103. In 2017, a meeting was held with the founding members of COSYFOP, including its former President, Mr Ben Ibrir Benzaid, its former Secretary-General, Mr Hanifi Hamek, who died in 2020, and its treasurer, Mr Said Ait Rahmane. They confirmed the legal existence of COSYFOP and encouraged the revival of the trade union confederation. According to the former COSYFOP leaders, the organization ceased its activities in March 1994 following internal sabotage and death threats against its leaders during the period of civil unrest. However, they never voluntarily dissolved the organization, which therefore still exists legally. They accepted new individual members, together with the National Union of Industrial Workers (SNSI) and the National Union of Energy Workers (SNT Energie) as new unions affiliated to the trade union confederation. These affiliated organizations were thus able to convene a general assembly to elect new COSYFOP leaders. Lastly, the founding members of COSYFOP agreed to hand over all the confederation’s documents (statutes, stamps and membership cards) to the newly elected bureau members. In this regard, Mr Said Ait Rahmane was appointed to ensure the handover of responsibilities after the “changeover” general assembly.
8. 104. Following the meeting with the founding members of COSYFOP, and in accordance with the organization’s statutes, a “changeover” general assembly was convened in 2018 by the union representatives of the SNSI and SNT Energie. A new set of statutes was adopted, and Mr Raouf Mellal was elected as the new President of COSYFOP for a five-year term. Once COSYFOP’s restructuring had been officially announced in a national newspaper, in line with article 17 of Act No. 90/14, Mr Said Ait Rahmane handed over COSYFOP’s responsibilities and documents. The complainant organization has forwarded the email received from Mr Said Ait Rahmane regarding the handover of documents.
9. 105. Furthermore, the complainant organization states that the trade unions that were members of COSYFOP at the time of its founding assembly in 1990, namely the SNSTF, the SNSAE and the SNSCDPP, have not had any representatives since 1994. The complainant organization reports that it has 26 affiliated trade unions, including SNT Energie and the SNSI, and provides a list.
10. 106. According to the complainant organization, in response to the statement published on the Ministry of Labour’s Facebook page on 13 January 2024 calling on registered trade unions to report to it on Sunday, 28 or Monday, 29 January 2024, the organization’s Secretary-General reported to the Ministry on 28 January 2024 to receive COSYFOP’s registration details. He was informed that COSYFOP was not concerned by the call. On 26 March 2024, COSYFOP sent an email to the Ministry of Labour requesting its login details to access the government platform. This request has remained unanswered. In the opinion of the complainant organization, this lack of response demonstrates the Government’s refusal to allow COSYFOP to submit evidence of its representativeness to its own institutions.
11. Cloning
12. 107. With regard to the Committee’s request concerning the functioning of the two factions of COSYFOP and to detail any interference or intervention from the authorities in the conduct of their respective activities (recommendation (d)), the complainant organization states that the objective of the formation of the second faction in 2020 is to sabotage the work of organizations and committees affiliated with COSYFOP, saving the authorities from having to step in directly to halt their activities. The complainant organization gives a few examples: (i) the Environmental Protection Committee affiliated with COSYFOP has over 300 members and 200 volunteers working to protect the environment, especially during the summer fires. The second faction of COSYFOP set up a parallel committee to sow confusion and disrupt its activities. Faced with this situation, the Committee’s members changed its name to avoid any ambiguity. This change resulted in the parallel committee disappearing; (ii) the trade union at the company TO.MO.CA LABELLE, which is affiliated with COSYFOP, was affected by the formation of a second faction, leading to the disaffiliation of 66 workers. In addition, pressure from the company on the union president, Ms Chemami Ahlem, led to her resignation. Finally, the complainant organization denounces the fact that the Government does not acknowledge the existence of the second faction of COSYFOP in its communications to the Committee on Freedom of Association, whereas in Algeria, it does recognize the faction and facilitates its activities in order to cause confusion, to the detriment of COSYFOP’s affiliated organizations.
13. Anti-union measures against COSYFOP and its members
14. 108. The complainant organization denounces the climate of widespread repression in which no trade union organization can effectively mobilize its members. In particular, the organization denounces the fact that, among the individuals mentioned previously, some leaders are now banned from leaving the country, namely: (i) Mr Amine Felih, founding member of the National Federation of Informal Economy Workers and a leading member of COSYFOP; and (ii) Mr Ramzi Derder, member of the national bureau of the National Federation of Informal Economy Workers, affiliated to COSYFOP. The complainant organization indicates that other trade union leaders are affected by these bans on leaving the country, namely: (i) Mr Hakim Mouhoubi, COSYFOP leader and delegate for the wilaya of Tizi Ouzou, who was prevented from leaving Algeria in 2022 and has been subjected to constant harassment by the authorities since then. He is now living in hiding; (ii) Mr Hakim Aghelis, President of the National Union of Artisans and of the Trade Union Committee of Human Rights Defenders, who was prevented from leaving Algeria in July 2024 while setting off on holiday with his family; and (iii) Mr Abderrazak Mokrane, leader of the National Federation of Informal Economy Workers, who was prevented from leaving Algeria in June 2024. He was arrested in January 2025 on the pretext of an unpaid fine. Acquitted by a judge after five days in detention, he lost his job after being replaced during his absence.
15. 109. Regarding the situation of trade union leaders Mr Bennouna, member of the COSYFOP National Youth Committee, the bureau for the Algiers wilaya and the National Federation of Informal Economy Workers, and Mr Lahouiri, member of the COSYFOP national bureau (recommendation (h)), the complainant organization reports that the harassment against them has intensified.
16. 110. Mr Lahouiri continues to be harassed by the judicial authorities, which regularly summon him to appear in court. The most recent summons was issued on 10 January 2025 for him to appear before the public prosecutor at the court in Bordj Zemmoura. These summonses are having a dramatic impact on Mr Lahouiri’s psychological well-being. Furthermore, the labour inspectorate, which was notified by Mr Lahouiri of his alleged anti-union dismissal, has not yet responded to his request, demonstrating, according to the complainant organization, its inability to defend the rights of trade union leaders.
17. 111. Mr Bennouna is prohibited from leaving the country. He was also ordered by the Public Treasury to pay a fine (€700) imposed by a court decision that was overturned in December 2023. Mr Bennouna had to hire a lawyer and go into debt to defend himself in court. This situation has had a dramatic impact on his psychological well-being.
18. 112. Regarding the Committee’s recommendation to the Government to commit to ensuring that Mr Mellal, Mr Kouafi and Mr Kherroubi can return to the country to carry out their trade union activities (recommendation (i)), the complainant organization finds it regrettable that no specific measures have been taken. On the contrary, the intimidation and risks to which these individuals are exposed remain unchanged, forcing them into exile and preventing them from exercising their trade union rights in their country.
19. 113. The individual case of repression against Mr Raouf Mellal, COSYFOP President, has been raised by other international entities, including the Special Rapporteur on the situation of human rights defenders, the Working Group on Arbitrary Detention, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on the rights to freedom of peaceful assembly and of association and the Special Rapporteur on the independence of judges and lawyers, all of whom sent a letter of allegation to the President of the Algerian Republic. The Government has failed to respond to the legitimate and relevant questions raised by the United Nations experts.
20. 114. Moreover, in communications dated 7 and 9 April 2025, the complainant organization reports new instances of harassment against COSYFOP leaders.
21. 115. Mr Ali Mammeri is an active trade union leader within COSYFOP in the wilaya of Oum El Bouaghi and President of the National Union of Civil Servants in the Field of Culture and Art. He is also a leading member of the Trade Union Committee of Human Rights Defenders affiliated with COSYFOP. Mr Mammeri’s appointment as a trade union representative was notified to the Ministry of Culture on 17 June 2024. On 28 June 2024, because of his union involvement in his department, the Directorate of Culture and Arts of Oum El Bouaghi decided to transfer him and four of his colleagues to a cinema that lacked adequate working conditions: no suitable office, no chairs, no heating and no administrative tasks to perform, as the cinema was closed and opened only for rare events during the year. On 16 July 2024, Mr Mammeri asked the authorities to reinstate him to his original position, but they refused in their reply of 17 July 2024, citing service requirements.
22. 116. In addition, Mr Mammeri is subject to constant harassment. He has been arrested and searched several times by the police on the pretext of routine checks as he left work. On 19 March 2025, Mr Mammeri was stopped at his place of work and arrested by individuals in plain clothes accompanied by police officers from the criminal investigation department, without any warrant. His home was searched, and a laptop that did not belong to him was seized without a warrant. It was only after 120 hours in detention, on the evening of 24 March 2025, that Mr Mammeri was allowed to contact his mother to tell her where he was being held. This authorization was granted only after COSYFOP alerted the Working Group on Enforced or Involuntary Disappearances of the Office of the United Nations High Commissioner for Human Rights and following a social media campaign. It was only then that it became known that Mr Mammeri was being held in the wilaya of Constantine, 120 kilometres from the wilaya of Oum El Bouaghi, where he resides. The security authorities allowed his mother, accompanied by his lawyer, to visit him on 26 March 2025. Mr Mammeri confirmed to his lawyer that he had been subjected to torture and ill-treatment by the investigating officers during the first two days of his detention. He was reportedly stripped naked, beaten, insulted and humiliated throughout this period. Terrorized, he was forced by the investigators to sign statements in which he confessed to acts he had never committed. On 27 March 2025, Mr Mammeri was brought before the public prosecutor of the Oum El Bouaghi court without his lawyer being informed. She discovered his presence in court by chance when she saw him being escorted by the criminal investigation police. Mr Mammeri is accused, among other offences, of being in contact with Mr Raouf Mellal, who is considered a terrorist, and with COSYFOP, which is classified as a terrorist organization seeking to overthrow the regime by unconstitutional means. Ali Mammeri is accused of attempting to create and mobilize a group in support of COSYFOP. The charges brought by the investigating judge are as follows: (i) intent to disseminate or publish, through electronic communications or a computer system, information or documents aimed at undermining public order and peace; (ii) condoning, encouraging and financing terrorist and subversive acts; and (iii) deliberate reproduction and publication of documents, printed matter or recordings praising terrorist and subversive acts. These offences are punishable under articles 87 bis, 87 bis 1, 87 bis 4 and 87 bis 5 of the Criminal Code and articles 34 and 39 of the Law on the Protection of Administrative Information and Documents.
23. 117. Mr Abdelmadjid Hakim Boussnane was elected COSYFOP Secretary-General at the national congress held virtually on 4 March 2023, in accordance with the organization’s statutes and Act No. 90/14 governing the exercise of trade union rights. Mr Boussnane is employed by SONELGAZ in the wilaya of Batna. On 8 April 2025, Mr Boussnane was contacted by telephone by the National Directorate of Internal Security of the wilaya of Batna. He was summoned for questioning the following day, 9 April 2025. Mr Boussnane went to the specified premises and was questioned about COSYFOP and its activities, in particular: (i) the legality of the organization; (ii) the organization’s most recent statements concerning Mr Mammeri’s arrest and the international complaints against the Government; and (iii) his contacts with Mr Raouf Mellal, COSYFOP President. At the end of the interview, he was strongly urged to take all possible measures to ensure that the complaints lodged at the international level were withdrawn.
24. 118. Furthermore, the complainant organization denounces the difficulties encountered by affiliated trade unions (the SNSI and the National Autonomous Union of Public Administration Staff (SNAPAP)), whose leaders are victims of harassment by the authorities. More generally, the complainant organization denounces double standards in the application of new Act No. 23/02 on the exercise of trade union rights, to the detriment of organizations affiliated with COSYFOP, and selective and arbitrary application of the Law by the labour inspectorate in favour of trade unions supported by the Government.
25. 119. The complainant organization requests the Committee on Freedom of Association to urge the Government of Algeria to put an end to all forms of intimidation and pressure against its affiliated organizations, its leaders and trade union members.
26. 120. In conclusion, the complainant organization requests the Committee to: (i) maintain its recommendations to the Government of Algeria, insisting that it provide specific guarantees of the safety of trade union leaders in exile. These guarantees must allow them to return to Algeria without risk of reprisals, torture or arbitrary detention; (ii) request the immediate lifting of the travel bans imposed on trade union leaders, in particular Mr Amine Felih, Mr Ramzi Derder, Mr Abdeljebar Mustapha Bennouna, Mr Hakim Mouhoubi, Mr Hakim Aghelis and Mr Abderrazak Mokrane. In addition, the Government should provide official documents justifying any ban on leaving the country in order to enable the persons concerned to challenge these decisions through legal channels; (iii) urge the Government to stop contesting the results of the 2018 COSYFOP union elections, cease all interference in its internal affairs, respect the right of COSYFOP members to freely choose their representatives and remove the obstacles and administrative barriers hindering its functioning; (iv) request the Bureau for Workers’ Activities (ACTRAV) to provide support to COSYFOP, making available all necessary means to ensure the follow-up and implementation of these recommendations; and (v) encourage the Government of Algeria to establish a genuinely inclusive social dialogue, involving COSYFOP and its affiliates, while ensuring continuous communication with the ILO supervisory bodies.
27. 121. The complainant organization reiterates its commitment to dialogue without preconditions with the Government with the specific aim of finding solutions to the issues raised by COSYFOP.

C. The Government’s reply

1. 122. In its communications dated 14 April and 27 August 2024 and 13 January and 10 April 2025, the Government replies to some of the Committee’s recommendations and recalls that it has, on several occasions, provided all relevant information on COSYFOP to the International Labour Office.
2. Change in leadership of COSYFOP
3. 123. The Government recalls that COSYFOP was registered on 4 February 1991 as an organization comprising three trade unions covering the railway sector, the fertilizer industry and the marketing of petroleum products: (i) the SNSTF; (ii) the SNSAE; and (iii) the SNSCDPP. These three trade unions were not involved in the organization of the general assembly allegedly convened on 30 July 2018 by Mr Raouf Mellal during which he was supposedly elected President of COSYFOP. Moreover, the Government indicates that Mr Mellal exercises the liberal profession of lawyer. Furthermore, it states that Act No. 23/02 of 25 April 2023 on the exercise of the right to freedom of association, published on 2 May 2023, required registered trade union organizations to adapt their statutes to the new legal provisions contained therein within six months of the Act’s publication in the Official Gazette, that is, before 2 November 2023, under penalty of the application of articles 62 and 65 of the Act. According to the Government, the supposed representatives of COSYFOP transmitted their statutes for verification of conformity with the new legal provisions after the deadline, on 14 November 2023. In order to apply the Act and the trade union’s statutes, and bearing in mind the illegal manner in which changes were made to COSYFOP’s trade union bodies, the Government cannot consider recognizing its supposed representatives. In conclusion, the Government believes that COSYFOP ceased its activities in 1991 and recalls that there is recourse to judicial remedies in case of any dispute.
4. 124. In its communication of 10 April 2025, the Government forwards a statement dated 16 December 2024 signed by some of the members who founded COSYFOP in 1990, in which the signatories state that they have suspended COSYFOP’s activities since May 1994 for reasons of their own. The signatories refuse to allow any person or group to act on behalf of COSYFOP and decline all responsibility for the use of the organization’s acronym. The statement is signed by Mr Ben Ibrir Benzaid, former President of COSYFOP, Mr Omar Hammar, Mr Achour Keddam, Mr Mohamed Louerrad, Mr Noureddine Hamideche, Mr Habib Halfaoui and Mr Slimane Tidjani. For the Government, this statement leads to the conclusion that COSYFOP, established in 1991, has not been active for three decades. Its name and visual identity have recently been used without the authorization or participation of its founding members, in clear violation of its statutes. In the absence of a general assembly bringing together all its members, a statutory procedure for reactivation or the regular appointment of its representatives, it is clear that the persons who lodged the complaint with the Committee have no trade union legitimacy or representativeness within COSYFOP.
5. Cloning
6. 125. In response to recommendation (c) of the Committee, requesting the Government to provide information about the registration by the authorities of the COSYFOP bureau led by Mr Benheddad, the Government indicates that no COSYFOP representative has submitted an application to the competent authorities for a change in leadership. The allegations relating to the registration by the authorities of a COSYFOP bureau led by Mr Benheddad are therefore groundless.
7. Closure of COSYFOP premises
8. 126. With regard to the administrative closure of the COSYFOP headquarters (recommendation (e)), the Government recalls that the premises supposedly being used as the trade union’s headquarters did not match the address indicated on the receipt issued on submission of COSYFOP’s registration documents. No official document concerning a change of address has been submitted by the organization’s legitimate leaders to the competent administrative authority.
9. Anti-union measures against COSYFOP and its members
10. 127. In response to recommendation (g) of the Committee, urging the Government to continue to provide information about the legal decisions taken with regard to certain trade union leaders subject to criminal proceedings, the Government provides the following information: (i) Mr Nacer Hamitouche, COSYFOP representative for the Algiers wilaya, was subject to an investigation opened by the counter-terrorism and cross-border organized crime department of the court of Sidi M’Hamed. He was prosecuted for the crimes of membership of and participation in subversive terrorist organizations or groups, and for the use of information and communication technologies for the recruitment of persons for a terrorist organization, in accordance with articles 79, 87 bis, 87 bis 12 and 87 bis 3 of the Criminal Code. On 9 July 2023, the court decided to postpone the trial at the request of the persons accused in the case, in order to prepare their defence. The Government reports that Mr Hamitouche then received a trial that was ultimately dismissed. The Government stresses that the information provided demonstrates that Mr Hamitouche was prosecuted for charges wholly unrelated to his trade union activities; (ii) Mr Hicham Khayat, COSYFOP representative for the Blida wilaya, was the subject of an investigation opened by the counter-terrorism and cross-border organized crime department of the court of Sidi M’Hamed. He was also prosecuted individually before the court in Blida for insulting the authorities and inciting an unarmed gathering. The court issued a ruling on 8 June 2022 sentencing him to six months in prison without parole and a fine of 200,000 Algerian dinars. Following an appeal, the court issued a ruling on 19 June 2023 convicting Mr Khayat of the offences of distributing publications harmful to the national interest and inciting an unarmed mob, with a sentence of two years’ imprisonment without parole and a fine of 50,000 Algerian dinars. Mr Khayat lodged an appeal. The Government reports that it is awaiting the Supreme Court’s decision in the case and stresses that the information provided demonstrates that Mr Khayat was prosecuted for charges wholly unrelated to his trade union activities; (iii) Mr Amine Felih, founding member of the National Federation of Informal Economy Workers and COSYFOP leader, was involved in illegal unpaid activities, such as the unauthorized sale of alcoholic beverages, that were wholly unrelated to the exercise of the legally protected right to organize.
11. 128. With regard to recommendation (h) of the Committee, requesting information on the situation of trade union leaders Mr Abdeljebar Mustapha Bennouna (member of the COSYFOP National Youth Committee and the National Federation of Informal Economy Workers) and Mr Moustapha Lahouiri (member of the COSYFOP national bureau), the Government provides the following information:
    • (i) Mr Abdeljebar Mustapha Bennouna, allegedly arrested in September 2023 and sentenced to 18 months in prison without parole, hindering his trade union activities, appeared before the public prosecutor in the court of Larbaa, Blida wilaya, in June 2021 following a request to open an investigation into various offences, including participation in activities intended to undermine public order, the deliberate dissemination of false information to the public and offending the President of the Republic and institutions of State. On 14 July 2022, he was sentenced to one year’s imprisonment without parole and a fine of 100,000 Algerian dinars (US$740). That conviction was upheld on appeal on 18 December 2022, although the prison sentence was overturned and the fine reduced to 50,000 Algerian dinars (US$370). A cassation appeal was lodged on 21 December 2022.
    • (ii) Mr Moustapha Lahouiri, who was allegedly dismissed from his post for anti-union motives, was a contract forest conservation worker in the Bordj Bou Arreridj wilaya, employed on full-time fixed-term contracts from 2016 to 2021. He was recruited for specific periods, generally from June to October, coinciding with periods of increased fire-fighting activity. Public sector contract workers are subject to the provisions of Presidential Decree No. 07-308 of 29 September 2007, which sets out modalities for their recruitment, their rights and obligations, the elements making up their remuneration, regulations relating to their management and the disciplinary system applicable to them. The Government provides copies of Mr Lahouiri’s work contracts and indicates that they demonstrate his consent to the terms set out therein. In that regard, the Government refutes the allegations that Mr Lahouiri was dismissed from his post, pointing out that his fixed-term contracts simply expired, with the last ending on 31 October 2021.
12. 129. In response to recommendation (i) of the Committee, urging the Government to commit to ensuring that Mr Mellal, Mr Kouafi and Mr Kherroubi can return to the country to carry out their trade union activities without pressure or threats, the Government states that Mr Mellal, Mr Kouafi and Mr Kherroubi are Algerian citizens to whom the rights and duties set out in the Constitution and current legislation apply, including the right to choose freely their place of residence and to travel freely within the national territory. The aforementioned persons left the country voluntarily, a right guaranteed to all Algerian citizens in accordance with the provisions of article 49 of the Constitution. Furthermore, no decision, judicial order or other measure has been imposed against them to prevent them from enjoying that right. Lastly, the Constitution and the Code of Criminal Procedure also guarantee their right to defence and to appeal, thereby upholding the principles of due process.
13. 130. In light of the above, the Government believes that the supposed leaders of COSYFOP have no legitimacy and do not represent any national trade union organization. The Government, having provided all the documents in support of its arguments, reiterates that the case should be closed.

D. The Committee’s conclusions

1. 131. The Committee recalls that the present case concerns allegations that the authorities are interfering in the work of the Trade Union Confederation of Productive Workers (COSYFOP) and hindering its trade union activities, adopting anti-union measures and engaging in judicial harassment towards members of the organization, as well as making amendments to the law that would result in criminal punishment for trade union activity in the case of the dissolution of an organization, or even classifying certain trade union activities as terrorism.
2. 132. In its previous examination, the Committee noted with concern the seriousness of the allegations and the high number of trade unionists supposedly affected in the present case. It also recalled that the ILO supervisory bodies have been monitoring for several years the difficulties encountered by independent trade unions, including COSYFOP, in exercising their trade union rights and have repeatedly drawn the Government’s attention to the legal and practical measures to be adopted to apply Convention No. 87 fully.
3. 133. The Committee notes that the recommendations that it formulated in its last examination called on both the Government and the complainant to provide certain additional information on the conditions of the change to the leadership of COSYFOP in 2018, as well as on the number of organizations affiliated to it. The Committee takes note of the information provided by the complainant organization and by the Government on these points.
4. Change in leadership of COSYFOP
5. 134. During its previous examination of the present case, the Committee took note of the difference in opinion between the complainant and the Government on the legitimacy of the new COSYFOP leadership, led by Mr Raouf Mellal, elected at the “changeover” general assembly convened in July 2018. The complainant stated that it had respected its statutes and the existing legislation, while the Government maintained that the change in leadership and amendment of the organization’s statutes had been carried out by persons without any trade union affiliation and without respecting the statutory provisions of COSYFOP or the presence of its founding members. The Committee recalls that it expressed the view that, based on the information provided by both the complainant and the Government, the organization of the general assembly and the election of a new bureau did not seem to have infringed the union’s statutes or the existing legislation. Nonetheless, the Committee took note of the Government’s arguments relating to the absence of the founding members and the original affiliated trade unions and therefore requested additional information about the obtaining of COSYFOP’s constitutional statement and its old statutes. Additionally, the Committee invited COSYFOP to provide information about the trade union organizations that are affiliated with it, and in particular to specify whether they include the National Union for the Railway Sector (SNSTF), the National Union for the Ammonia/Fertilizer Sector (SNSAE), the National Union for the Marketing and Distribution of Petroleum Products Sector (SNSCDPP), the National Union of Energy Workers (SNT Energie) and the National Union of Industrial Workers (SNSI), which, according to the Government, were part of COSYFOP.
6. 135. The Committee notes that, according to the information submitted by the complainant organization, the SNSTF, the SNSAE and the SNSCDPP ceased all trade union activity in 1994. Moreover, according to COSYFOP, interference in its activities and threats made against its leaders led it to cease its activities in March 1994. COSYFOP, however, supposedly retained its legal existence insofar as it was never dissolved by its leaders, as evidenced by its presence in the list of trade unions registered and accredited by the Ministry of Labour, Employment and Social Security, which was established in 2018. According to COSYFOP, its former leaders, including its President, Mr Ben Ibrir Benzaid, Secretary General, Mr Hanifi Hamek, and treasurer, Mr Said Ait Rahmane, were contacted in September 2017 with a view to revitalizing the organization and went on to encourage that process by admitting new affiliated organizations, including SNT Energie and the SNSI, and new members. These organizations convened a “changeover” general assembly in accordance with COSYFOP’s statutes. The Committee notes that, following the meeting, the organization’s accreditation and statutes were handed over by the former COSYFOP leaders to the new leaders electronically (a copy of the exchange of emails was provided to the Committee on the Application of Conventions and recommendations (CEACR).
7. 136. The Committee notes that the complainant organization reiterates that the Government’s refusal to recognize the change in its leadership constitutes an impediment to the exercise of trade union rights and interference in its internal affairs. According to the complainant organization, under the legal framework in force, the authorities cannot, under any circumstances, annul the elections of a trade union organization or refuse to recognize them. They can apply to the administrative courts only to request dissolution in cases strictly defined by law.
8. 137. The Committee also notes the complainant organization’s criticism of the Government’s persistent refusal to allow it to submit evidence of its representativeness. In January 2024, COSYFOP was denied the opportunity offered to registered trade union organizations to obtain the necessary login details to access a government platform on representativeness. Subsequently, its requests for login details remained unanswered by the authorities, while the Government accused it of not being representative. The Committee notes that the complainant organization has provided a list of 26 affiliated trade unions, including the SNSI and SNT Energie.
9. 138. The Committee notes that, for its part, the Government reiterates that COSYFOP’s three founding trade unions were not involved in the organization of the general assembly convened on 30 July 2018. The Government also reiterates that Mr Raouf Mellal, identified as the President of COSYFOP, is not a worker, but exercises the liberal profession of lawyer. Furthermore, the Government previously indicated with regard to SNT Energie and the SNSI, which convened the “changeover” general assembly in July 2018, that the authorities had informed the leaders of those organizations in September 2018 of their non-compliance, particularly with the rules of convening the general assembly as set out in COSYFOP’s statutes.
10. 139. Moreover, the Government indicates that Act No. 23/02 of 25 April 2023 on the exercise of the right to freedom of association, published on 2 May 2023, required registered trade union organizations to adapt their statutes to the new legal provisions contained therein within six months of the Act’s publication in the Official Gazette, that is, before 2 November 2023. COSYFOP transmitted its statutes for verification of conformity with the new legal provisions; according to the Government, that transmission took place on 14 November 2023, after the deadline set out in law.
11. 140. Lastly, in its most recent communication of April 2025, the Government forwards a copy of a statement dated 16 December 2024 signed by 7 of the 12 members who founded COSYFOP in 1990, in which the signatories state that they have suspended COSYFOP’s activities since May 1994 for reasons of their own. The signatories refuse to allow any person or group to act on behalf of COSYFOP and decline all responsibility for the use of the organization’s acronym. The statement is signed by Mr Ben Ibrir Benzaid, former President of COSYFOP, and six other members. The Committee notes that the statement is not signed by the former treasurer, who reportedly forwarded the documents to the new bureau in 2018. The Committee notes that, for the Government, this statement leads to the conclusion that COSYFOP has not been active for three decades. Its name and visual identity have recently been used without the authorization or participation of the founding members, in clear violation of its statutes. Consequently, it is evident to the Government that the persons who lodged the complaint with the Committee have no trade union legitimacy or representativeness within COSYFOP.
12. 141. The Committee notes that the complainant and the Government maintain divergent views with regard to the compliance of the change to COSYFOP’s leadership body with the organization’s statutes and the existing legislation. It recalls that, according to COSYFOP’s previous allegations, the authorities did not register the change to its leadership made in March 2023. Lastly, the Committee notes the information provided by the Government according to which COSYFOP’s submission of its adapted statutes for verification of their conformity with new Act No. 23/02 in November 2023 allegedly took place after the deadline, for which reason the administration did not examine them. The Committee notes with concern the statement signed by former founding members of COSYFOP refusing to allow any person or group to act on behalf of COSYFOP, which the Government presents in its most recent communication after having contested the legitimacy of the change in COSYFOP’s leadership since 2018 through regular communications to the ILO supervisory bodies, including the Committee. The Committee further observes that, according to the complainant organization, even before 2018, applications to register new trade unions often remained unanswered or were considered non compliant when they came from a group that did not have government approval.
13. 142. While the Committee considers that it is not its role to express in the present case an opinion on the legal validity of the statement submitted by the Government or its enforceability in the event of legal proceedings, it takes this new development into account in firmly reiterating its previous recommendation to the Government to remedy a situation that the Committee has described as a restriction of workers’ right to choose their representatives and form the organizations of their choice. In these circumstances, taking due note of and encouraged by COSYFOP’s willingness to engage unconditionally in dialogue with the Government to follow up the recommendations of the ILO supervisory bodies, including the Committee’s recommendations in the present case, the Committee urges the Government to engage in dialogue with the representatives of the complainant organization who are signatories to the complaint so as to seek jointly to address the difficulties they face in obtaining recognition of the umbrella organization and registering it in accordance with the law in force and with the rights of workers to form the organizations of their choice without prior authorization and to join them, and the right of organizations to elect their representatives freely, in compliance with freedom of association. This dialogue should be initiated as soon as possible in order to clarify the situation of the 26 trade union organizations that are allegedly affiliated with the complainant organization. The Committee requests the Government and the complainant to keep it informed of all measures adopted in this regard.
14. Cloning
15. 143. The Committee recalls that the complainant alleged that a parallel COSYFOP general assembly was held in February 2020, without a single affiliated trade union representative present, during which a new bureau led by Mr Zakaria Benheddad was allegedly elected. The complainant further alleged that the leaders of this new bureau sent messages to companies, the ILO supervisory bodies and international trade union federations stating that the COSYFOP bureau led by Mr Raouf Mellal was now illegal. The Committee notes the complainant organization’s assertion that the objective of this second faction is to sabotage the work of organizations and committees affiliated with COSYFOP or to sow confusion. The complainant organization provides two examples that had different outcomes: (i) the creation by the second faction of a parallel committee to the Environmental Protection Committee affiliated with COSYFOP. The change made to the Committee’s name by its members in order to deal with this situation discouraged the parallel committee, which subsequently disappeared; and (ii) the formation of a second faction of the trade union at the company TO.MO.CA LABELLE, which is affiliated with COSYFOP, leading to the disaffiliation of 66 workers and the resignation of its president, who was put under pressure. According to the complainant organization, although the Government denies the existence of the second faction in its communications to the Committee, it facilitates its activities in Algeria. The Committee notes the Government’s indication that no COSYFOP representative submitted an application to the competent authorities to change its leadership bodies. Any allegation referring to the registration by the authorities of a COSYFOP bureau led by Mr Benheddad are allegedly groundless. Moreover, the Committee notes that, despite the additional information provided by the complainant organization, it has scant information on the functioning of the second faction of COSYFOP and on the alleged interference or intervention from the authorities in the conduct of the two factions’ respective activities. In these circumstances, the Committee will not pursue the examination of this matter, while strongly reiterating the importance for governments to refrain from any intervention that might limit the right of workers’ and employers’ organizations to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes.
16. Closure of COSYFOP premises
17. 144. The Committee noted with concern the allegations relating to the closure of the COSYFOP headquarters in Algiers in February 2020 by the administrative and security authorities. The Committee requested the Government to specify whether the closure of the COSYFOP headquarters was done with a legal warrant. If not, it urged the Government to take immediate measures to permit COSYFOP to have free access to its headquarters and to hold trade union meetings there without any interference. The Committee observes that, in its reply, the Government merely indicates that the premises supposedly used as the trade union’s headquarters do not match the address indicated on the receipt issued on submission of COSYFOP’s registration documents and that no official document concerning a change of address has been submitted by the organization’s legitimate leaders to the administrative authority. The Committee observes that the change of address is included in the organization’s new statutes transmitted originally in 2018 to the administration, which refused to register them. Moreover, it notes that the Government does not refer to any judicial decision ordering the closure of the premises. In these circumstances, the Committee expects that the Government will adopt immediately the necessary measures to allow the representatives of the complainant in this case to have free access to a headquarters for the organization and, while awaiting the resolution of the matter of its recognition or registration, to hold trade union meetings there. The Committee requests the Government to keep it informed of the measures taken in this regard.
18. Anti-union measures against COSYFOP and its members
19. 145. The Committee recalls that it previously examined a long list of COSYFOP leaders and affiliated organizations that, according to the complainants, have been subject to discriminatory measures linked to their trade union activities. It observed that legal proceedings were brought against the majority of the trade union leaders for social media posts or defamation and that they were criminally charged for violating public order, voicing offensive sentiments towards the President of the Republic or even supporting acts of terrorism. Without expressing an opinion on whether the convictions in question represented a violation of freedom of association, the Committee observed that, overall, these convictions are related to the expression of opinions in the exercise of trade union mandates, even if the Government disputes the existence of the trade union in question. The Committee takes note of the detailed information provided by the Government concerning certain individual cases (see the Government’s reply above). The Committee notes that, in the Government’s view, all the cases relate to events wholly unrelated to the trade union activities of the persons involved. While emphasizing the need to respect the law, the Committee believes that the authorities’ threatening to press criminal charges in response to legitimate opinions of trade union representatives may have an intimidating and detrimental effect on the exercise of trade union rights [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 237]. The Committee requests the Government to continue to keep it informed of judicial decisions taken with regard to the trade union leaders cited in the present case, particularly those who are subject to criminal proceedings, to provide copies of those decisions and to provide a detailed indication of the follow-up. The Committee also requests the Government to provide, as a matter of urgency, observations on the situation of the trade union leaders mentioned in the most recent communications from the complainant organization dated 7 and 9 April 2025 (Mr Mammeri and Mr Boussnane).
20. 146. The Committee is deeply concerned about the recent allegations made by the complainant organization regarding a climate of widespread repression in which trade union leaders are now banned from leaving the country. The Committee notes that the complainant organization cites the cases of Mr Amine Felih, Mr Ramzi Derder, Mr Hakim Mouhoubi, Mr Hakim Aghelis and Mr Abderrazak Mokrane, all trade union leaders affiliated with COSYFOP. The Committee recalls the importance that it attaches to the principle set out in the Universal Declaration of Human Rights that everyone has the right to leave any country, including one’s own, and to return to one’s own country, particularly when participation in the activities of organizations of employers or workers abroad is involved [see Compilation, para. 192]. The Committee urges the Government to provide, as a matter of urgency, its observations on the reasons for the travel bans imposed on the trade union leaders mentioned in the present case and to take all necessary measures to lift these bans immediately if they are found to constitute anti-union measures.
21. 147. The Committee observed that the context of intimidation hindering freedom of association had led trade unionists to resign their mandates and pushed some into exile, including Mr Raouf Mellal (President of COSYFOP), Mr Abdelkader Kouafi (Secretary-General of COSYFOP), Mr Nacer Hamitouche (COSYFOP representative for the Algiers wilaya), Mr Hamza Kherroubi (former President of the National Union of Personal-Care Workers (SNAS) and President of the Pharmaceutical Industry Workers’ Union (STIP)) and Mr Mohamed Essalih Bensdira (President of the National Committee for the Unemployed). In that regard, the Committee noted that COSYFOP had stated that it was ready to engage in dialogue with the Government in order to permit Mr Mellal, Mr Kouafi and Mr Kherroubi to return to the country to exercise their mandates as trade union leaders. Noting the Government’s statement that the aforementioned persons left the country voluntarily and that no decision, judicial order or other measure has been imposed to prevent them from travelling freely within the national territory, but also noting the complainant organization’s assertion that no specific measures have been taken to facilitate their return without fear of intimidation, the Committee expects that the Government will commit to ensuring that Mr Mellal, Mr Kouafi and Mr Kherroubi can return to the country, if they so wish, to carry out their trade union activities in an environment free of violence, pressure or threats. The Committee requests the Government to keep it informed of any developments in this respect.
22. 148. In conclusion, the Committee is deeply concerned about the complainant organization’s allegations of an increasingly repressive climate towards trade union leaders. It firmly urges the Government to implement its recommendations without delay in order to ensure an environment in which trade union rights are respected and guaranteed for all trade union organizations, and workers are able to join the union of their choice, elect their representatives and exercise their trade union rights without fear of reprisals and intimidation.

The Committee’s recommendations

1. 149. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Noting the willingness of the representatives of the complainant organization who are signatories to the complaint to engage unconditionally in dialogue with the Government to follow up its recommendations, the Committee urges the Government to engage in dialogue with these representatives so as to seek jointly to address the difficulties they face in obtaining recognition of the umbrella organization and registering it in accordance with the law in force and with the rights of workers to form organizations of their choice without prior authorization and to join them, and the right of organizations to elect their representatives freely, in compliance with freedom of association. This dialogue should be initiated as soon as possible in order to clarify the situation of the 26 trade union organizations that are allegedly affiliated with the complainant organization. The Committee expects that the Government will adopt immediately the necessary measures to allow the representatives of the complainant in this case to have free access to a headquarters for the organization and, while awaiting resolution of the matter of its recognition or registration, to hold trade union meetings there. The Committee requests the Government to keep it informed of the measures taken in that regard.
   • (b) The Committee requests the Government to continue to keep it informed of legal decisions taken with regard to the trade union leaders cited in the present case, particularly those who are subject to criminal proceedings, to provide copies of those decisions and to provide a detailed indication of the follow-up.
   • (c) The Committee requests the Government to provide, as a matter of urgency, its observations on the situation of the trade union leaders mentioned in the complainant organization’s most recent communications dated 7 and 9 April 2025 (Mr Mammeri and Mr Boussnane).
   • (d) The Committee urges the Government to provide, as a matter of urgency, its observations on the reasons for the travel bans imposed on the trade union leaders mentioned in this case (Mr Amine Felih, Mr Ramzi Derder, Mr Hakim Mouhoubi, Mr Hakim Aghelis and Mr Abderrazak Mokrane) and to take all necessary measures to lift these bans immediately if they are found to constitute anti-union measures.
   • (e) The Committee expects that the Government will commit to ensuring that Mr Mellal, Mr Kouafi and Mr Kherroubi can return to the country, if they so wish, to carry out their trade union activities in an environment free of violence, pressure or threats. The Committee requests the Government to keep it informed of any developments in this respect.
   • (f) The Committee is deeply concerned about the complainant organization’s allegations of an increasingly repressive climate towards trade union leaders. It firmly urges the Government to implement its recommendations without delay in order to ensure an environment in which trade union rights are respected and guaranteed for all trade union organizations, and workers are able to join the union of their choice, elect their representatives and exercise their trade union rights without fear of reprisals and intimidation.