Cas individuel (CAS) - Discussion : 2018, Publication : 107ème session CIT (2018)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Algérie (Ratification: 1962)



The Government has provided the following written information.

Requests for the reinstatement of dismissed workers

The national legislation provides for procedures for the prevention and settlement of individual labour disputes. Act No. 90-04 of 6 February 1990, as amended and supplemented, respecting the settlement of individual labour disputes, establishes procedures for the settlement of individual labour disputes that have to be complied with by each worker and each employer.

In this regard, in the cases of the workers referred to in the conclusions of the 106th Session of the International Labour Conference (ILC), the procedures set out in the above Act were followed, irrespective of the outcome of the settlement of their individual labour dispute.

In this context, it is necessary to recall that the Government has always responded to the requests made by the competent ILO bodies. In this respect, and following verification, it has been found that of the 86 workers, the situations of 76 workers have been settled or are in the course of being settled. The cases are before the competent jurisdictions in six cases and orders are in the course of being given effect in three cases.

With reference to the situation of eight of the remaining ten workers, two have been dismissed, following the completion of all the procedures set out in the laws and regulations, on the grounds of unjustified absence and failure to comply with the internal enterprise rules, and three workers have been dismissed for serious professional misconduct.

In this regard, the Government observes that examination of the files of the workers shows that on no occasion was it found that it was a penalty on grounds of the exercise of trade union activities, but on the grounds of types of professional misconduct envisaged by the law and the internal enterprise rules. The workers concerned availed themselves of all of the means of recourse envisaged by the law for the settlement of individual labour disputes, including reconciliation through the labour inspection services of the competent jurisdictions. Accordingly, almost all of the workers referred to by name in the conclusions of the 106th Session are in work, with the exception of Mr Habib Benyahia (SNAPAP-CGATA) of the University of Tiaret, who has taken retirement. Moreover, it has also been found that, among these workers, Mr Haddak Arab (SNAPAP-CGATA) has been promoted to the level of administrative officer.

The clerks of court are in employment. The Government attaches all the documents provided by the employer concerning the situation of all the workers referred to in the conclusions.

Case No. 3210 before the Committee on Freedom of Association

The Government had provided full information on the complaint before the Committee on Freedom of Association made by the Autonomous National Union of Electricity and Gas Workers (SNATEGS) (Case No. 3210) in a communication dated 18 December 2017, in which it informed the ILO of the voluntary dissolution of SNATEGS (copy attached) and the record of the voluntary dissolution of the union. In a communication dated 5 May 2018, in relation to Case No. 3210, the Government called for the case to be closed.

Completion of the reform of the Labour Code

With regard to the request concerning the completion of the reform of the Labour Code, the Government provided full information on the process of the drawing up of the Labour Code and will spare no effort in the context of the dialogue organized with its economic and social partners for the development of a consensual Labour Code which will reinforce the lessons learnt from the experience of the implementation of the labour legislation that is in force and will respond to the expectations of the economic actors.

Registration of unions

With regard to the case of the registration of the presumed Autonomous Algerian Union of Transport Workers (SAATT), the documents submitted did not correspond to the conditions set out in the provisions of the Act, and particularly section 2. There was a lack of precision in the determination of the occupational category covered by the by-laws, which did not contain the provisions that have to be included in the by-laws as set out in section 21 of the Act. The persons concerned did not reply or ask for further details on their file.

With regard to the documentation for the Autonomous Union of Attorneys in Algeria (SAAVA), the Government recalls that any request for the establishment of a union is subject to examination of the conformity of its documentation with the law. In this regard, it was found from the examination of the by-laws of the presumed union that there were categories of persons who were salaried employees or employers. The national legislation makes a distinction between a union of salaried employees and an employers’ organization. The response was communicated to the persons concerned with an invitation to comply with the provisions of the legislation, but up to now those concerned have not brought their documentation into conformity with the provisions of the law.

With reference to the documentation of the CGATA, in addition to the information already provided by the Government representative at the 106th Session of the ILC in June 2017, the alleged President of the CGATA was not a member of any legally registered trade union and does not represent any trade union. The Government also informed the ILO through a communication of 22 September 2013, of which a copy is attached, that Mr Rachid Malaoui was dismissed from his job in accordance with the procedures set out in the law and regulations for abandoning his job through unapproved absences. This situation resulted in him losing his position as an employee.

In Algeria, representative unions benefit from prerogatives which enable them, among other functions, to negotiate and conclude accords and collective agreements, to have premises in the employer enterprise, a notice board in appropriate places for their members and leave for trade union purposes in the service of their organization during the period of office of the trade union member. The participation of workers’ representatives, through trade union delegates, is a legal requirement for the negotiation of terms and conditions of employment and of work with a view to the conclusion of collective labour accords and agreements. Workers’ representatives in enterprise committees or units are designated by the most representative trade union or, failing that, by the representative committee. Where there is no union or representative committee, they are elected by the workers collectively. It is a requirement for workers’ representatives to be associated with any decision concerning the establishment of occupational medical services by the employer. Similarly, representative organizations of workers and employers are represented by twelve (12) workers’ representatives and twelve (12) employers’ representatives on the national occupational safety and health and medicine board.

Moreover, in the context of the prevention and settlement of collective labour disputes and the exercise of the right to strike, workers’ representatives hold regular meetings with employers with a view to undertaking a joint examination of the situation with regard to the socio-occupational relations and general conditions of work of the employer. At the national level, Algeria has acquired great experience of social dialogue through tripartite meetings bringing together the Government and representative organizations of employers and workers. These dialogue and negotiation forums have resulted in agreements on economic and social life, the conclusion of economic and social pacts and the creation of institutions and other bodies. A summary of tripartite and bipartite meetings is attached.

Cases of workers referred to by name in the conclusions of the 106th Session of the International Labour Conference (June 2017) [Table not reproduced - See PR 9B(Rev.): http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/wcms_632917.pdf#page=43]

In addition, before the Committee, a Government representative expressed astonishment that Algeria had once again been included among the cases to be examined by the Conference Committee and regretted the recurrent refusal to recognize the progress made in the country in the protection of human rights and freedoms at work. The ratification of 60 ILO Conventions, including the eight fundamental Conventions, mostly since national independence in 1962, illustrated the commitment of his country to base its economic and social development on the principles set out in international Conventions and treaties. The national Constitution also gave importance to the freedoms and rights recognized for all citizens in the world of work, including freedom of association and the right to strike. In 2015 and 2017, the Government had provided all the information requested on specific cases or on the Labour Code. The previous year, when the case had been examined, of the 32 interventions made by members of the Committee, 26 had welcomed the progress made by the Government. The failure to take that into account amounted to a denial of democratic rules. Recalling that all activities had to be undertaken in compliance with the law, as required by Article 8(2) of the Convention, he reiterated the statement made the previous year to the Committee concerning the Autonomous National Union of Electricity and Gas Workers (SNATEGS), to the effect that the union was operating normally and that its members had decided voluntarily on its dissolution, in accordance with the provisions of labour laws and regulations and its by-laws. The authorities had simply noted its dissolution in October 2017. In relation to the cases of the workers referred to in the allegations, he referred to the detailed information provided in writing on that subject and indicated that, of the 86 cases listed, 76 had been resolved through reinstatement in their jobs, assignment to another job, or by retirement at the initiative of the worker concerned. With regard to the allegations of police violence during demonstrations, he recalled that the Government ensured the security and well-being of its citizens and the protection of property. The intervention of the police services was only warranted by the need to maintain public order. Such interventions were carried out in accordance with the law and in conformity with international practice. However, as globally acknowledged in all countries where regulation existed covering meetings and demonstrations, any action outside the framework authorized by the law was not allowed. Recalling that the finalization of the draft text of the Labour Code would require not only in-depth reflection with the social partners, but also the support of the actors in the world of work, he reiterated the Government’s desire to complete the process within the framework of tripartite consultation. However, it needed to be accepted that, to ensure its success, such a process required time. It should also be recalled that over 70 per cent of the comments made by the Office on the initial draft text had been taken into account by the Government.

The trade union landscape in Algeria consisted of 101 representative organizations, including 65 workers’ organizations, which were organized in full freedom in accordance with the law. The formalities for the registration of unions were set out in the law. The cases referred to of the establishment of unions, such as the General and Autonomous Confederation of Workers in Algeria (CGATA), the Autonomous Union of Attorneys in Algeria (SAAVA) and the Autonomous Algerian Union of Transport Workers (SAATT), had been the subject of observations by the administration with a view to ensuring compliance with the legal provisions, which had been transmitted to the founding members so that they could clarify certain issues, particularly in relation to the dual status of the founder members or the absence of a status of a salaried employee. Delays in resolving the documentation issues concerned were the responsibility of those seeking registration. The application of the regulations respecting the registration of unions could not therefore be assimilated to an intervention by the public authorities that was of such a nature as to limit or hinder the exercise of the right to organize. Moreover, the legislation that was in force was in full compliance with international standards seeking to promote collective bargaining, under the terms of which measures adapted to national circumstances were to be taken to facilitate social dialogue and collective bargaining. By way of illustration, to date 82 branch collective agreements had been registered and 167 collective accords at the branch level, while 3,817 collective agreements had been concluded at the enterprise level, as well as 17,238 collective enterprise accords. Social dialogue was therefore a real and specific practice in Algeria, as demonstrated by the regular tripartite and bipartite meetings held on economic, social and development issues. The Government and the economic and social partners had also concluded a National Economic and Social Pact and a National Economic and Social Growth Pact, which were an acknowledgement of the social benefits acquired and economic reforms with the support of the social partners. That model of social dialogue and concerted action was being shared, with the support of the Office, with other African countries within the context of South–South cooperation. With a view to providing some light on the follow up to the proposal for a visit to the country by a direct contacts mission contained in the 2017 conclusions of the Conference Committee, he indicated that his Government had given its agreement to such a mission being carried out in February 2018 and had accepted without reservation the composition of the mission. The Office had then proposed terms of reference that had for the most part been accepted by the Government, with two of the 12 proposed points being rejected. The Government had then finalized the schedule of meetings, including with members of the Government, and had prepared to welcome the mission which, in the end, had not been carried out. Following its cancellation, the Government had wished to talk to the Office and the partners to clarify its position, in which context it had explained that it had not been able to approve the persons covered by the two terms of reference that had not been accepted on the grounds that they were engaged in activities that had no legal basis intended to cause the social destabilization of the country. The Government was continuing its consultations with the Office on that subject, for example through the meeting held between the Government delegation, under the leadership of the Minister of Labour, and the Office shortly before the beginning of the Conference. In conclusion, he reaffirmed his Government’s support for the reforms advocated by the Director-General, and particularly the promotion of tripartism, which was fundamental to the functioning of the ILO. In that respect, his Government agreed that it was necessary to reform the functioning of the Conference Committee so as to achieve tripartite participation at all stages of the supervisory process with a view to greater transparency and equity and closer compliance with the ILO’s fundamental principles.

The Worker members emphasized that the present case was being discussed once again simply because the Government had refused to take into account the recommendations made by the Conference Committee the previous year. They questioned the unusual approach adopted by the Government which, in a communication disseminated through the Arab Labour Organization (ALO), had accused the Office of partiality and the Conference Committee of adopting double standards. A look at the statistics of the cases examined by the Committee in recent years was sufficient to show that such accusations were groundless. The Worker members expressed regret that the Government had not acted on the conclusions adopted the previous year by the Conference Committee, in particular regarding the sending of a direct contacts mission before the present session of the Conference and the obligation to report to the Committee of Experts on the progress made. Moreover, no progress had been made with regard to the new Labour Code, which had been at the draft stage since 2011, in relation to which the Government had not indicated which of the comments of the Committee of Experts had been taken into account. Nor had any progress been made in amending section 6 of Act No. 90-14 of 2 June 1990, which restricted the right to establish trade unions to persons who were Algerian nationals by origin or had been for at least ten years. Although the Government had indicated that a provision under discussion with the social partners would reduce the required period of nationality to five years, that amendment would still not be in conformity with Article 2 of Convention No. 87, which provided that employers and workers, without distinction whatsoever, shall have the right to establish organizations of their own choosing. In that regard, the Committee of Experts recalled in its 2012 General Survey on the fundamental Conventions that this implied that anyone residing in the territory of a State, whether or not they had a residence permit, benefited from the trade union rights provided for by the Convention, without any distinction based on nationality. Lastly, the Government had not reported any progress in the amendment of the provisions that had the effect of limiting the establishment of federations and confederations. The Government had indicated in its statement, as it had done the previous year, that the time taken to make the amendments might appear long but, in view of the importance of the text, there was a need to enlist the widest possible support. Although the Worker members welcomed the importance that the Government appeared to attach to consultation, they wondered why consultations lasting more than 12 years were needed for amendments that were relatively simple to adopt. Moreover, in the current context in which certain organizations were excluded from the consultation frameworks, they considered that the consultations in question were not in conformity with ILO standards. With regard to the registration of trade unions, the Committee of Experts continued to voice its concern at the particularly long periods required to secure registration, or the refusal by the authorities without any justification to register autonomous trade unions. That was a recurrent approach by the authorities. For example, the CGATA had been applying for registration since 2015. After depositing its application, it had received a letter which merely indicated that the application had been rejected on the grounds of non-conformity with the regulations. No response had been made since to its request for justification. The result was that to date, the CGATA had no way of knowing in what way its application for registration supposedly failed to conform to the regulations. In addition, because of that lack of recognition, the CGATA was excluded from tripartite consultation structures, and had not been consulted on the ongoing reform of the Labour Code. The Worker members recalled that certain formalities prior to registration were only compatible with Convention No. 87 if they did not give the authorities discretionary power to refuse the establishment of an organization, and that this requirement should not constitute such an obstacle that it amounted to a straightforward prohibition.

The Worker members reported a number of cases of interference by the authorities in the activities of trade unions: (i) with regard to the case of SNATEGS, they observed that a press release from the Ministry of Labour, dated 3 December 2017, had announced the voluntary dissolution of SNATEGS, in accordance with the provisions of Act No. 90-14 of 1990. Under section 29 of the Act, voluntary dissolution was proclaimed by the members of the trade union, or their regularly designated delegates, in conformity with the provisions of the union’s constitution. However, it should be noted that, according to the SNATEGS constitution deposited with the Ministry of Labour, the dissolution of the trade union organization was a decision to be taken by a SNATEGS national congress. The general assembly of 7 October 2017, referred to by the Government in its press release, had therefore neither the competence nor the authority to decide on dissolution. It was regrettable that, following that decision, the bank accounts of SNATEGS had been frozen; (ii) on 4 February 2018, the police had indicated to the Algerian Union of Electronic Press Editors, which was an employers’ union in the process of being established, that its general assembly planned for the following day was illegal because no prior request for authorization had been made. However, there was no legal provision stipulating that prior authorization was required to set up an occupational union in a private space on a weekday. That was simply another example of a violation of freedom of association; (iii) on 6 March 2018, without any legal basis, the Government had issued a request, solely via the website of the Ministry of Labour, Employment and Social Security, to the 65 accredited trade union organizations to prove their representativeness. The formula imposed by the Ministry obliged the trade unions to indicate, among other things, the list of names of their members, their jobs and their social security registration numbers. At the end of the prescribed three-week period, only 30 organizations had been able to provide responses. Of that number, only 17 had met the relevant criteria, according to the Government. The Worker members recalled in that regard that the law contained provisions that made it possible to determine the representativeness of a trade union and that superfluous initiatives by the authorities had been tantamount to yet another violation of freedom of association. Stressing once again the connection between the exercise of freedom of association and respect for civil liberties, the Worker members recalled the cases of harassment and persecution against independent trade union officials affiliated to the CGATA, in particular: (i) Mr Khaddour Chouicha, member of the CGATA executive committee, arrested by the police on a café terrace together with human rights activists on the grounds of unauthorized assembly; (ii) Mr Abdelkader Kouafi, SNATEGS’s Secretary-General, and Slimane Benzine, President of the National Federation of Internal Security Workers, both sentenced to imprisonment and fines for objecting to poor conditions of work and to the sexual harassment of women workers; (iii) Mr Raouf Mellal, SNATEGS’ President, who had been the subject of several complaints of defamation with a view to his intimidation. In that regard, a court decision handed down in November 2017 ordering his reinstatement in his post and as a trade union official was still awaiting implementation; and (iv) Mr Mekhfi Djeha, who had been dismissed in February 2018, after informing his superiors of his status as a delegate of an independent trade union. In conclusion, the Worker members expressed deep regret at the gulf between the situation of the independent trade union movement in Algeria and the ILO’s principles of freedom of association.

The Employer members recalled that the case had been discussed by the Conference Committee in 2014, 2015 and 2017. It concerned issues relating to obstacles to the establishment of workers’ organizations, including the registration of trade unions in law and practice. The Government had indicated that these issues would be addressed by the new Labour Code. The Employer members had recalled, as they had in 2017, the information on the social dialogue process in the country, the Government’s stated commitment to meeting with parties to discuss the issues, and that the draft Labour Code, under preparation since 1990, had not yet been adopted. In 2017, the Conference Committee had made recommendations concerning the registration of trade unions, the removal of obstacles to the establishment by workers’ organizations of federations and confederations of their own choosing, the need to ensure that freedom of association could be exercised in a climate free from intimidation and violence, and the need to ensure that the new draft Labour Code was in compliance with the Convention. The Conference Committee had also urged the Government to accept a direct contacts mission before the next session of the Conference. In that respect, the Committee of Experts had noted that the direct contacts mission had not been accepted without restriction. Thanking the Government for its explanation that it had accepted ten of the 12 points in the terms of reference of the mission, the Employer members nevertheless expressed disappointment that the mission had not been accepted based on the full terms proposed by the Office. If information had been provided to a direct contacts mission, the discussion at the Conference Committee might have been avoided. Without information from a direct contacts mission, the discussion had to be based on the report of the Committee of Experts. Taking into account the conclusions of the Conference Committee of 2017, the Employer members welcomed the Government’s expressed commitment to tripartite social dialogue and encouraged the Government to complete the reform of the Labour Code, in consultation with the social partners. That reform should address the requirements to obtain prior authorization and should recognize the right of all workers to establish trade unions and ensure that the registration of trade unions in law and practice conformed to the requirements in the Convention. It should ensure that freedom of association could be exercised in a climate free of intimidation and without violence against workers, trade unions or employers. The Employer members were hopeful that on the basis of straightforward recommendations, it would be possible to move forward and achieve tangible progress on the case. The Government should be urged to provide a full report to the Committee of Experts and to accept a direct contacts mission in the spirit of openness and transparency, so that full information could be gathered with respect to the efforts made to achieve compliance with the Convention.

The Worker member from Algeria stated that the International Labour Conference was a global platform for the social partners to assess and identify the extent to which member States were committed to the instruments they had ratified under the conditions of impartiality and objectivity. However, certain cases lacked precisely the elements of objectivity and integrity. Trade unions contributed to workers’ awareness and improved the working conditions and lives of the workers. However, the trade union movement was now suffering because of the opportunistic manner in which trade unionism was approached, and was rather used as a tool for purposes that had nothing to do with workers’ lives and suffering. This had become a threat to workers and threatened the credibility of the ILO and its mechanisms. The mechanisms and methods of the ILO should be reformed in order to preserve its reputation, credibility, and effectiveness. The campaign against Algeria and certain other countries was based on false arguments. Legislation that had existed for a quarter of a century had suddenly become a target for violating obligations. Efforts were being made to dismantle and weaken the Algerian trade union movement and there were schemes against the original trade union movements in Algeria and elsewhere. This had negative implications for the principle of genuine trade unionism and for the work of the ILO. She urged all those who respected the ILO to plead for the reconsideration of cases and to put an emphasis on the importance of providing material evidence for cases.

The Employer member of Algeriaexpressed surprise at the repeated criticisms made against Algeria for several years considering the significant number of workers’ unions that had been registered since the beginning of the 1990s, and the fact that trade union pluralism and the right to strike were enshrined in the country’s basic law. Hardly a month passed without a strike being called in Algeria, mostly in violation of the rules governing the right to strike, and which brought vital sectors such as health, education, transport and other economic sectors to a standstill. The public authorities had always favoured dialogue and negotiation to resolve such disputes, and had never adopted repressive measures against the workers and trade unions that called strikes. The penalties imposed on workers were not related to their trade union activities, but rather to the disruption of public order and the prevention of work at the workplace, which were punishable under all national laws. Algeria had distinguished itself by adopting a policy that favoured dialogue and consultation with the economic and social partners, as demonstrated by the two economic and social pacts concluded in 2006 and 2014, and the number of tripartite and bipartite meetings organized to discuss issues relating to the economic development of the country. Furthermore, hundreds of collective agreements and accords had been signed between the social partners within enterprises. He said that Algeria aspired to build a law-abiding State and therefore ensured the strict application of the law in all fields, including the exercise of freedom of association and the organization of public demonstrations. They were not therefore obstacles affecting freedom of association, but rather compliance with legislative provisions governing trade union activity. The Government had provided such explanations time and again, and the Committee had failed to take them into consideration.

Another Employer member of Algeria emphasized the commitment of the Government and employers in her country to compliance with international labour standards and the promotion of social dialogue, both through existing tripartite institutions in the country, the National Economic and Social Pact and the long-standing cooperation between Algeria and the ILO. She had taken note of the work of the Committee of Experts and expressed the desire of her organization, the Business Leaders’ Forum, to pursue collaboration that was beneficial for all which stakeholders, however, required objectivity and transparency, in line with ILO values. The reform of the Labour Code was an important, complex and sensitive process that needed to ensure a balance between the different actors within the enterprise, and facilitate the construction of a modern economy. Both employers and workers should support the Government’s efforts to conclude that consultation process serenely, and sustainably consolidate economic growth that created wealth, jobs and social peace. With regard to freedom of association and the right to strike, she emphasized that the Algerian Constitution guaranteed all the fundamental freedoms, including the right to freedom of association and the right to strike, within a context of strict compliance with the law. The legal framework implemented under the country’s basic law was in conformity with the spirit and letter of the international Conventions and instruments ratified by Algeria. In that context, trade union pluralism that had been set out in the Constitution since 1989 had allowed intense union activity in Algeria in both the public and private sectors. Consequently, as the Government had indicated, the regulatory framework in force and its application in practice respected the principles of the Convention in relation to freedom of association and the exercise of the right to strike. In conclusion, she emphasized that it would be appropriate, prior to the preparation of the report of the Committee of Experts, to organize exchanges with the experts in order to ensure they had accurate information.

The Government member of Mali noted with satisfaction the action taken by Algeria to give effect to the Convention. Welcoming the efforts made, particularly the strengthening of social dialogue through tripartite meetings, and forums for consultation and negotiation, she encouraged Algeria to continue its constant efforts to be in compliance with freedom of association.

An observer representing the International Trade Union Confederation (ITUC), speaking on behalf of CGATA, regretted that the Government was the subject of repeated complaints from trade unions, and that it had refused to cooperate with the ILO. Since the previous year, when the present case had been discussed by the Committee, there had been no improvement and further obstacles were impeding the free exercise of trade union rights. Effect had not been given to any of the Committee of Experts’ recommendations on the following issues: the demotion of the dismissed trade unionists who had been reinstated; the registration of trade unions; the revision of the draft Labour Code; and the establishment of an agenda for the ILO follow-up mission that precluded meetings with the leaders of complainant trade unions. Acts of repression were continuing against trade union representatives, and particularly the President of the CGATA (Mr Rachid Malaoui), the President of SNATEGS (Mr Raouf Mellal), the National Coordinator of the Higher Education Teachers’ Union (SESS) (Mr Kaddour Chouicha) and the Head of the Federation of Judicial Workers affiliated to the National Autonomous Union of Public Administration Personnel (SNAPAP) (Mr Mourad Ghedia).

The Government member of Lebanon noted that the Government was taking measures to fulfil its international obligations and trusted that no effort would be spared in that regard. She expressed appreciation for the measures already taken by Algeria, including the National Economic and Social Growth Pact. The social dialogue that was taking place should be encouraged.

An observer representing IndustriALL Global Union said that the trade union pluralism claimed by the Government was in appearance only, as demonstrated by the horrendous campaign of repression against SNATEGS, despite having ratified most of the international Conventions on freedom of association. A total of 1,114 people involved in the trade union had been brought to court, and 12 trade union delegates had been prosecuted on false grounds and threatened with imprisonment for having exercised their right to strike. He referred to his own 18-month prison sentence, and to other examples of arbitrary cases, in the context of which a significant number of trade union leaders had been dismissed. The Ministry of Labour had not only refused to apply section 56 of Act 90-14 on the modalities for the exercise of trade union rights, in accordance with which trade union delegates had to be reinstated in the event of a violation of the law, but it had also dissolved the trade union twice: the first time, through the adoption of a ministerial decree in May 2017; and the second time, by holding a so-called “voluntarily dissolution” meeting. In those two cases, the Ministry of Labour had refused to apply the laws on freedom of association and ridden roughshod over the competence of the judiciary, which alone had the authority to dissolve a trade union in accordance with sections 27 et seq. of Act 90-14. Freedom of association was now an illusion in Algeria, where trade unions were muzzled and anyone who dared to expose the deteriorating social conditions of workers or company mismanagement was sentenced to imprisonment for defamation. Finally, he expressed concern not only at the prison sentences, but also at the dismissals and aggressive policies of the Government in relation to trade union leaders and anyone who tried to engage in trade union activity.

The Government member of Eritrea expressed his full support for the position taken by the Government regarding the application of the Convention. The Committee should appreciate the efforts undertaken by the Government to harmonize its legislation with the relevant international labour standards through a process of tripartite consultation, particularly for the ongoing labour law reform. He expressed support for the need to review the working methods of the Conference Committee in order to ensure transparency and inclusiveness, in particular regarding the criteria to select the cases to be included in the list.

An observer representing Public Services International (PSI) described the situation experienced by the National Autonomous Union of Public Administration Personnel (SNAPAP), which was an affiliated union. He said that the authorities had established a trade union that was a clone of SNAPAP, the leader of which was participating in the work of the International Labour Conference. Such a move had been made in order to deceive the members of the Conference Committee. However, at the national level, the original SNAPAP had experienced an interference in its activities, to the extent that each time it attempted to establish a union branch in a specific administration, the potential members were subjected to intimidation by the security services and the local administration in order to make them join the clone trade union. Furthermore, pressure was exerted on SNAPAP from all sides to prevent it from renting trade union premises. He regretted to note that an official from PSI, who was to have carried out a mission with SNAPAP, had been refused a visa by the Algerian authorities.

The Government member of the Bolivarian Republic of Venezuela welcomed the information provided by the Government concerning the application of the Convention. The Government’s statement had served to highlight the good practices in the field of social dialogue with the aim of promoting industrial relations and the exercise of the right to freedom of association. The Government had expressed concern at the fact that it had repeatedly been requested to reply to questions relating to the right to freedom of association, despite the fact that in 2015 and 2017, it had provided information on specific cases and on the draft Labour Code, and was awaiting an assessment of the progress it had made. The Government of Algeria should be praised for its continuous promotion of decent work and its efforts to strengthen workers’ rights within the framework of the Convention. It was also a matter of concern that claims had been made against the Government by people and organizations from outside the world of work. As the Government had observed, there was significant trade union activity, resulting in the signing of numerous collective agreements based on permanent and effective social dialogue that had led to the signing of an Economic and Social Growth Pact and various agreements on the socio-economic matters. Finally, attention should be drawn to the resurgence of an aggressive policy against Algeria that was intended to limit its social progress and deny its values of social justice, all of which should be taken into account by the Committee in its conclusions.

The Worker member of the United States recalled that SNATEGS had been dissolved by the Ministry of Labour and that this had not been voluntary. Following peaceful actions in response to that decision, leaders of SNATEGS had been detained. Subsequently, a peaceful protest had been organized by SNATEGS to demand that the Government put a stop to the privatization of national companies, uphold the freedom of association, and reinstate workers and union leaders who had been dismissed from the state-owned energy company, but police detained approximately 1,000 persons from that rally. The detention of union leaders for alleged unauthorized gatherings was not limited to SNATEGS. Mr Kaddour Chouicha, the national coordinator for SESS faced similar charges, and at the university where Mr Chouicha worked, teachers had been locked out. The detention of union leaders, the alleged dissolution of SNATEGS, and the lockout of SESS members were all in violation of the Convention and related to employers that were state-owned. The legislation was being used as an apparatus to deprive workers of their freedom of association by punishing union leaders and members and preventing them from joining together. Reform of the legislation was moving forward at an unacceptably slow pace. It was very concerning that this was occurring in the public sector as the Government was responsible for the slow progress towards the reforms recommended by the Conference Committee and the other actions under discussion. The speaker recommended the adoption of the same conclusions as last year, with an emphasis on the need for the reforms to occur without undue delay.

The Employer member of Qatar recalled that the case of Algeria was a unique situation. Algeria had ratified more than 60 ILO Conventions and had more than 100 active trade unions. As employers, they always viewed stability in the economic environment as the main goal for the development of the economy and any problems in the economic environment of a neighbouring or regional country would negatively affect their own economic environment. Algeria should not merit being among the 25 cases discussed by the Conference Committee. The case should be closed, and the Government should be encouraged to resolve the issues raised through Algerian regulations and legal frameworks.

The Government member of the Plurinational State of Bolivia expressed appreciation for the information provided by the Government to the effect that freedom of association was fully protected under the laws of the country. She welcomed the Government’s report on the reinstatement of dismissed workers, which should be taken into account by the Committee in its conclusions. In the Plurinational State of Bolivia, trade union rights were recognized as fundamental rights.

The Worker member of Brazil deplored the increase in violent attacks by the Algerian Government against workers. In particular, doctors who were members of the Autonomous Committee of Algerian Resident Doctors (CAMRA), who had been on strike for several months, had been brutally repressed by the police during demonstrations held between January and May 2018 in Algiers and Oran. Several doctors had also been arbitrarily detained and released very late at night in isolated locations. On 4 January 2018, after having prohibited doctors from the CAMRA from protesting in front of the Mustafa Pacha University Hospital in Algiers, the police had brutally repressed them, causing serious injuries. Doctors coordinating the demonstration had been arbitrarily arrested. On 20 January 2018, the Algerian police had yet again brutally repressed a peaceful rally organized by the SNATEGS-CGATA and had arrested a large number of peaceful protesters, notably women trade unionists from SNAPAP. He called on the Government to guarantee freedom of association based on tripartite social dialogue.

The Government member of the United States noted that the Government continued to report that the process initiated in 2011 to amend the Labour Code was progressing. The dialogue with the Committee of Experts on the draft legislation and the efforts to engage in consultation with tripartite stakeholders showed its commitment. He expressed concern at the cancellation of the ILO direct contacts mission requested by the Conference Committee in 2017, owing to the Government’s refusal to guarantee meetings with independent trade union organizations. Unregistered trade unions continued to report registration delays and certain denials of recognition. He encouraged the Government to take action to address those issues. It should accept an ILO tripartite mission and ensure meetings with all relevant stakeholders, including independent trade union organizations. The recommendations of the mission should include a time-bound action plan providing remedies for specific violations of workers’ rights. The Government should also ensure the ability of trade unions to operate freely from intimidation, establish a transparent trade union registration process in line with international standards and ensure the expeditious treatment of applications for trade union registration.

The Government member of Libya said that the Government’s commitment to the application of the Convention was reflected in its national laws supporting freedom of association in Algeria, as well as in article 70 of the Constitution of 2016, which recognized freedom of association to all citizens. The detailed response of the Government representative confirmed that the Government was in the process of undertaking all necessary and positive action to resolve the individual cases of concern with only a few individual workers’ cases remaining, which were the subject of reconciliation efforts by labour inspectors and the competent courts. Moreover, the settlement of 88 per cent of cases had been reported. The National Economic and Social Growth Pact had been signed by the Government and a number of bilateral and tripartite meetings of the social partners had followed. Concerning the completion of the labour reform process, the Government was developing the Labour Code which aimed to strengthen the application of all social laws in force and to respond to the expectations of economic actors. The Conference Committee should take into consideration, in its conclusions, all the positive action undertaken by the Algerian Government to implement the Convention.

The Worker member of Spain, speaking on behalf of the trade unions in France, Italy and Spain, referred to the recent report by the European Union (EU), dated 6 April 2018, on the state of relations between the EU and Algeria under the renewed European Neighbourhood Policy which, with regard to the freedom of association, indicated that Algerian autonomous trade unions were experiencing difficulties in registering and holding meetings, despite the ratification by Algeria of the Convention. It added that the promotion of social dialogue, particularly through the development of autonomous trade unions, and in accordance with the recommendations of the ILO, should be among the improvements made to the economy and the labour market. On the basis of those fundamental premises, it was important to recall that little progress had been made in Algeria. Following recent strikes called by the National Council of Autonomous Teachers of the Tertiary Education Sector, the Ministry of Labour had launched a campaign to pressurize the trade unions, which undermined the mechanisms of trade union representation. On 6 March 2018, trade unions had been requested to provide, by 30 March, in other words within 24 days, data to demonstrate their representativeness, including the number of members and the amount of union dues, in accordance with the law. However, they had also been requested to supply data that was not required by law, such as the full name, gender, date of birth, employer, workplace address, job title, date of membership, member’s number, the 2017 membership dues and social security number, which was a clear obstruction of the right to freedom of association in the country. Those requirements had served as a pretext to create a list of trade unions that were usually cited by the authorities in an attempt to demonstrate the exercise of freedom of association in Algeria. The trade unions on the list were those that had provided data, thereby excluding those that had not done so. Furthermore, certain organizations had been declared representative which, without having previously been active, had joined the harassment campaign against the National Council. For those and many other reasons, she questioned the criteria used to demonstrate trade union representativeness in Algeria. The Government was still far from complying with the Convention and giving effect to the measures recommended in the EU report referred to above.

The Government member of Senegal welcomed the efforts made by Algeria to implement the Convention. Reaffirming her commitment to the universal ideals and objectives of the ILO and the requirement for all member States to ensure respect for trade union rights and freedoms for all workers, she strongly urged the Algerian Government to build on the progress made to improve, with the social partners, national law and practice in relation to compliance with, and the protection of, workers’ trade union rights. She also called on the Government to increase cooperation with the ILO and, if necessary, request its technical assistance with a view to giving full effect to the Convention.

An observer representing the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF), announced that Nassira Ghozlane, Secretary-General of the SNAPAP and member of the PSI executive, had been prevented by the Algerian authorities from travelling to Geneva this morning to attend this meeting. He further underlined that independent trade unions were becoming increasingly isolated. In addition to refusing the members of the follow-up mission a meeting with the independent trade unions that were fighting for freedom of association, even when a colleague had been available to attend that morning, the representatives of the ITUC and the European Trade Union Confederation (ETUC) had not been granted a visa to enter Algeria and hold discussions with the leaders of CGATA on the situation of trade unions and the next ITUC conference. It should be recalled, for information purposes, that Mr Mustapha Tlili, head of the Arab branch of the ITUC, had been refused entry on 24 May 2016 when arriving at Algiers airport. The right to organize required freedom of association at all levels, including the international level. There had been an increase in the criminalization of all trade union activities by the judicial system, causing a flood of unfounded prosecutions of trade union leaders. The arbitrary rulings of 27 January 2016 against Mr Raouf Mellal, President of SNATEGS, 2 January 2017 and 28 November 2017, had resulted in prison sentences of up to six months and fines of up to €5,000 for reporting corruption in public bodies and defending victims of sexual harassment. Furthermore, proceedings were in progress against the Secretary-General of SNATEGS, Mr Abdelkader Kouafi. Such measures were creating an atmosphere of fear which weighed heavily on Algerian workers, on civil rights and on freedom of association.

The Government member of Qatar referred to the detailed information provided by the Government, in particular the legislative procedures undertaken to ensure the exercise of freedom of association and the establishment of trade union organizations and social dialogue processes with the social partners. The Conference Committee’s conclusions should take into consideration the efforts undertaken by the Government as well as its openness to cooperate with the ILO in that respect.

The Government member of Turkey welcomed the information provided by the Government on the developments regarding the implementation of the Convention. The Government was committed to solving the problems regarding labour rights in the country and the figures on settled labour disputes clearly indicated the Government’s willingness and commitment to continue its efforts to further improve the situation of workers. The Government was also commended for its efforts to draft the Labour Code and achieve consensus, which could be reached by social dialogue, and it was encouraged to continue working closely with the ILO and increase its efforts, especially for the protection of trade union rights.

The Worker member of Poland pointed out that the situation of workers in Algeria had not improved since the discussion the previous year by the Conference Committee. On the contrary, new serious violations had recently place. Freedom of association should be guaranteed without discrimination of any kind, particularly based on occupation and nationality, and there should be no prohibitions on the registration of trade unions. There were no guarantees for a rapid registration procedure in Algeria and no specific penalty was foreseen for the authorities, for long registration delays. The labour law reform had been a long process and, accordingly, stronger ILO recommendations were called for. There should be an ILO mission to Algeria. Finally, the Government was urged to amend its legislation, immediately recognize all legitimate unions and reinstate all workers who had been unlawfully dismissed for their trade union activities.

The Government member of Zimbabwe, noting the information submitted by the Government on the cases that had been finalized and those still under consideration, expressed the hope that the cases pending before the internal dispute settlement system would soon be finalized. She noted the Government’s willingness to continue cooperating with ILO supervisory bodies in ensuring that all the pending cases were dealt with through domestic remedies. The ILO should continue to provide technical support to strengthen the tripartite and bipartite institutions in Algeria, as those structures were central to dispute settlement in the world of work.

The Government member of the Islamic Republic of Iran welcomed the measures adopted by the Government to reinforce the situation of trade unions in the country. Referring to the statistics provided by the Government on the settlement of individual cases, he noted that 76 of 86 cases had been settled or were in the process of being settled. Efforts had been deployed to reach a consensual Labour Code in full consultation with the social partners. He recalled the Government’s indication that it had not rejected the recommendations adopted by the Conference Committee in 2017 concerning the direct contacts mission and indicated that further negotiations could pave the way to a solution. He encouraged the Office to provide the necessary assistance to overcome the pending issues.

The Worker member of Morocco expressed surprise at the Government’s reply in which it described the CGATA as a “quasi union”. He emphasized that CGATA was a founding member of the Arab Trade Union Confederation, the Maghreb Social Forum and the World Social Forum, and a member of the ITUC. Furthermore, the General Union of Moroccan Workers was engaged in long-standing cooperation with CGATA, which it considered to be a serious and responsible trade union. Consequently, denying the existence of the union and its representativeness was merely an attempt to favour one union over another, while the correct procedure was to foster cooperation and participation between the main trade unions in the country. That was a crucial element in the promotion of social peace, to which any serious government should aspire. He concluded that any action that prejudiced freedom of association was a clear violation of the ILO Constitution and contravened the provisions of the Convention.

The Government member of Egypt said that account should be taken of all the efforts made by the Government in the framework of dialogue with the social partners, to ensure the effective implementation of the Convention. This included preparing labour legislation and other related social laws; ensuring the establishment of trade unions based on pluralism; facilitating the establishment of trade unions at different levels by removing the restrictions and obstacles in this exercise; and providing the necessary guarantees for the establishment of independent trade unions. The Government was encouraged to take additional measures to ensure the full application of the Convention, both in law and practice and to make use of the technical assistance provided by the Office in that respect.

The Worker member of Mali, speaking also on behalf of the workers of Guinea and the Congo, indicated that, for the second consecutive year, the Committee was examining the failure of Algeria to comply with the provisions of the Convention. In light of the arguments put forward by the Government and the efforts made to clarify contentious issues, significant progress had been noted regarding in particular: the effective recognition of pluralism, resulting in the registration of several trade unions covering almost all economic branches and the public sector; and the existence of a regulatory framework to facilitate the conclusion of collective agreements at the enterprise level. In addition to those achievements, a National Economic and Social Growth Pact had been signed, thereby strengthening the promotion of social dialogue and the recognition of the rights of all workers. Social peace was the bedrock of all economic progress and the foundation of the rule of law as it ensured respect for the choice of all workers to freely exercise their activities. In the present case, Algeria was a country engaged in a process of substantial transformation sustained throughout by the values of progress and democracy, for which the ILO was a reference. In that context, the Organization’s role was to actively encourage the strengthening of social dialogue as a channel for social peace and cohesion through the recognition of the achievements made since 2017 in relation to trade union rights. The ILO should continue to support Algeria to strengthen the results attained.

The Government member of Mexico noted the action taken by the Government in response to the comments of the Committee of Experts, and particularly the progress made in reforming the Labour Code and the political will shown to undertake a broad consultation process with the social partners with a view to drafting legislation that would strengthen the application of laws and practice, so that the challenges in the present case could be overcome. At the same time, the Committee of Experts had noted the allegations aired before the Committee on Freedom of Association, which made it necessary to emphasize the importance of avoiding duplication in the examination of the issues at hand. It was therefore particularly relevant not to prejudge any matters that were still pending before that Committee, so as to ensure coherence in the functioning of the supervisory bodies. He reiterated that respect for fundamental rights at work was an essential component in creating decent work and accordingly, expressed satisfaction at the Government’s willingness to work with the supervisory bodies. It was to be hoped that the legislative process under way would be fruitful and that the Committee of Experts would be kept informed of the progress achieved.

The Worker member of Bahrain said that there was no doubt that the Government was dealing decisively and transparently with the observations of the Committee of Experts and that it responded in detail to all the issues contained therein. He expressed his surprise at the fact that Algeria had been on the list of cases for years, despite the fact that it had ratified more than 60 international labour Conventions, which confirmed the country’s commitment to respect of international labour standards. The Algerian labour movement was dynamic and active, and provided significant material and moral support to Arab and African trade unions. However, he supported the statements made by the Government in that they should be granted freedom in dealing with the draft Labour Code, with the full support of the social partners. He added that the great number of social sectoral agreements reflected the fact that Algeria used social dialogue and collective bargaining as the ideal means to regulate conditions of work. Finally, it was important to acknowledge efforts made in the country, which provided a good example of freedom of association and social dialogue, rather than insist on placing it on the list of cases.

The Government member of the Russian Federation noted that the information provided by the Government confirmed its commitment to complying with the Convention. The Government was demonstrating good will and was open to dialogue with the social partners on the issues raised. For a number of years, the Government had been taking specific steps that affirmed its commitment to the fundamental principles and rights at work. The situation should be analysed carefully, and the ongoing social dialogue should be supported. The speaker concluded by encouraging the Government’s cooperation with the ILO, including in the form of an ILO mission, and to continue to take measures in that respect.

The Worker member of Sudan noted that the Convention provided for account to be taken of national laws in the exercise of trade union activities. Algeria had ratified a large number of ILO conventions. It also had an important role in developing the African trade union movement through the Organization of the African Trade Union Unity (OATUU), as well as an active role in the Arab trade union movement through the International Confederation of Arab Trade Unions (ICATU). Algeria’s national labour legislation was in conformity with international labour standards, including with respect to trade union pluralism.

The Government member of Ghana welcomed the efforts taken by the Government regarding the reinstatement of dismissed workers. The Committee of Experts should bear in mind the distinction between fundamental human rights and trade union rights, as trade union rights also entailed obligations. Algeria had acquired great experience in the use of social dialogue as a tool to reach consensus on important socio-economic issues. The reform of the Labour Code required the participation of major players in the country in order to ensure consensus over a law which addressed existing gaps and takes into account emerging issues in the industrial environment. He urged the Government to strengthen engagement with the social partners and avail itself of ILO technical assistance to make progress in the finalization of the Labour Code reform, in compliance with relevant international labour standards.

The Government member of Cubaexpressed appreciation of the information that the Government had supplied concerning the Convention. She emphasized that some of the recommendations made by the Committee of Experts had already been implemented and trusted that Algeria would continue to make progress in putting into practice the recommendations made.

An observer representing the World Federation of Trade Unions (WFTU) said that the trade unions situation in Algeria was characterized by pluralism, as more than 100 trade unions were registered, including 65 central trade unions. What was lacking in Algeria was ambitious and fair legislation regulating pluralistic trade unions. Some considered that tripartite dialogue necessarily meant the inclusion of only the most representative trade unions and the exclusion of the remaining organizations, when in fact tripartite dialogue should not be restricted but should encompass a number of workers’ and employers’ organizations at all stages of dialogue. He recommended that the Government of Algeria should work to establish a higher council for social dialogue in which more than one employers’ organization and one workers’ organization could participate.

The Government member of Kenya noted that since the last examination of the case by the Conference Committee in 2017, the Government had put in place a number of measures to address some of the problems regarding the application of the Convention. There had been an increase in the number of cases settled through conciliation or competent courts, most of which related to professional misconduct rather than to the exercise of workers’ trade union rights. Consultation and negotiation had also resulted in the signing of a number of economic and social agreements and the creation of institutions to enhance social dialogue. As the process of amending laws and restructuring institutions was time-consuming, the Government should be given more time and technical assistance from the ILO in order to enhance compliance with the Convention.

The Government member of Nigeria noted with satisfaction the Government’s report on the application of the Convention and considered that much substantial progress had been made. He expressed support for the proposal to revise the working methods of the Committee to carry out its mission in accordance with the principles of tripartism and ensure full transparency in individual cases. Particular concern remained about the complaints lodged against the Government by some persons and trade unions allegedly lacking official recognition on the pretext that the Government was hindering freedom of association. Trying to force governments to implicitly recognize pseudo-organizations was a practice that undermined a State’s sovereignty. Finally, the Government’s commitment to meet the requirements of the principles of the Convention was welcomed.

The Government member of the Syrian Arab Republic noted the positive measures initiated by the Government. Those measures should continue, as the Government was determined to pursue reforms to ensure the application of the Convention. The delay in finalizing the Labour Code should not be a concern as this legislation required tripartite consultations and dialogue. He hoped that the new law would soon be issued as the tripartite constituents reached consensus.

The Government representative emphasized that Algeria was a stable country which respected human rights in general, and freedom of association in particular, as demonstrated by the strikes that had been called, including in some very sensitive sectors, such as national education, health and transport. There were no preconditions for the registration of trade unions, except the procedures set out in the national legislation. Information concerning the processing of applications for trade union registration had always been provided to the ILO on time. He added that one person claiming to represent the workers was no longer a public official and therefore only currently represented herself. The Government had also provided all the evidence concerning the illegal activities of that person, which consisted of inciting rebellion and disobedience, for which there could be no protection under the Convention. He further noted that Algeria had neither refused nor cancelled the direct contacts mission. The country had provided full information on the action and preparations made in that regard and was engaged in consultations with the Office. With regard to the outcomes of individual cases, full information had been provided in a transparent manner and the procedures were well advanced. With regard to the reform of the Labour Code, dialogue and tripartite consultations were in progress, including those concerning the provisions on which comments had been made by the Committee of Experts. Pending the completion of the process, Algerian labour legislation was in conformity with international Conventions, which meant that there was no legal vacuum in the country. He regretted that a number of accusations had been made against his country despite the information previously provided by the Government, which it refuted. It had been indicated that Mr Mellal was no longer in the enterprise in question, but that he was working as a lawyer at the Alger bar. Regarding the legal proceedings in which he was involved, the enterprise had appealed and the courts were continuing to work in full independence. Other persons present in the room claimed to have received prison sentences, although they were able to travel freely outside of the national territory. With regard to the dispute that had arisen within SNAPAP, it should be recalled that the Supreme Court had ruled on the case and that the trade union’s leaders had been re-elected at its last congress. On the case relating to CGATA, all the relevant information had been provided to the Office, which could now be examined by the Committee of Experts. Trade union pluralism existed in Algeria, as demonstrated by the significant number of organizations that were active. The dissolution of SNATEGS had been decided upon by its founding members in accordance with the legislation, and the Ministry had confined itself to taking note of that voluntary dissolution. With regard to trade union representativeness, the legal framework had been in place since the adoption of the 1990 labour laws. The framework developed that year aimed only to ensure greater transparency and precision in the assessment of trade union representativeness. Twenty-one trade union organizations had complied with the new measures, without their operation being affected. He recalled his country’s commitment to tripartism and social dialogue, and underscored his Government’s willingness to strengthen cooperation with the Committee and the ILO in general.

The Worker members emphasized that the Government had provided further information concerning the observation of the Committee of Experts that the Committee had discussed in 2017, without however responding to the comments made by the Committee of Experts in its latest observation. It would have been better, as the Committee had requested the previous year, for the information to have been sent to the Committee of Experts so that it could have been taken into account in its examination of the case. Sending the information more promptly would also have allowed the necessary verification to have been made. They recalled that currently: (i) the list of reinstated workers sent by the Government included SNAPAP delegates who had only been reinstated on condition that they renounced their trade union functions; (ii) postal workers were included on the list, even though in reality, the post office was still refusing to reinstate them; and (iii) the majority of SNATEGS delegates were not mentioned on the list. It was therefore clear that the Government had only partially given effect to the Committee’s recommendation in that regard. With respect to the procedure for the registration of unions, they considered the information supplied by the Government to be a cause for concern. According to the Government, the non-recognition of SAATT was largely attributable to the absence of specification of the categories of workers covered by the organization’s statutes, a requirement that ran counter to Article 3 of the Convention, which recognized the right of workers’ organizations to draw up their rules freely. With regard to the alleged failure to comply with the provisions of section 21 of Act No. 90-14, they had underlined that the section in question contained requirements that constituted interference by the public authorities, in breach of Article 3(2) of the Convention, and that the Government had not specified exactly the manner in which SAATT had failed to comply with that section. Concerning the reported reinstatement of workers in the public service, the Government had not provided specific information in support of its claims on that point. The Worker members recalled that the Convention contained a series of provisions that had yet to be incorporated into Algerian law. With regard to the registration of trade unions, clear and transparent provisions were needed. In order to avoid registration becoming in effect a request for prior authorization, it would be useful to introduce a legal provision setting a short time limit for the delivery of the receipt of registration and providing for automatic trade union registration if no reasoned reply was received within the set time. More specifically, they called on the Government to: (i) recognize independent trade unions, including the CGATA, as soon as possible and restore the registration receipt of SNATEGS, which had been withdrawn without justification; and (ii) amend the legislation so that all workers, without distinction on grounds of nationality, had the right to establish unions. With regard to the Labour Code that was being prepared, they: (i) requested the Government to ensure that the text was in full conformity with the Convention and expressed regret that the Government had made no explicit commitment in that respect; (ii) pointed out that the document submitted made no reference to the comments of the Committee of Experts; and (iii) requested the Government to send that document to independent trade unions, including the CGATA, for comment. They also called on the Government to cease any action that hindered freedom of association, so that it could be exercised in a climate free of intimidation and violence. Bearing in mind that the Government had not given any effect to the recommendations made at the previous session of the Committee, they requested it to accept a high-level mission to examine all relevant aspects and, in particular, to hold meetings with the complainant unions.

The Employer members expressed appreciation for the information provided to the Conference Committee, including the Government’s stated commitment to further cooperate with the ILO and the national social partners. Referring to the conclusions adopted by the Conference Committee in 2017, the Employer members encouraged the Government to work towards completing the reform of the Labour Code, in consultation with the social partners. In that respect, the Employers highlighted the requirement of the Convention to remove obstacles to the establishment, by workers of organizations of their own choosing, including the registration of trade unions, and emphasized the need for a climate free of intimidation and violence. The Employer members welcomed the Government’s stated commitment to tripartite social dialogue, which was a necessary component for continued progress. In the spirit of transparency and clarity, and in light of the Committee of Experts’ need for the most up-to-date information, a high-level mission should be accepted without reservation to demonstrate commitment to achieving compliance with ratified Conventions.

Conclusions

The Committee took note of the oral statements made by the Government and the discussion that followed.

The Committee expressed concern over the persistence of restrictions on the right of workers to join and establish trade union organizations, federations and confederations of their own choosing. The Committee noted with concern that progress towards compliance with Convention No. 87 remained slow as this case has been discussed for more than a decade and that the Government had yet to bring the draft Labour Code to Parliament for it to be finally passed. The Committee deeply regretted that the Government did not accept the terms of the direct contacts mission without restriction pursuant to the Committee’s recommendations in 2017.

Taking into account the Government’s submission and the discussion that followed, the Committee urged the Government to:

- ensure that the registration of trade unions in law and in practice is in conformity with Convention No. 87;

- process pending applications for the registration of trade unions which have met the requirements set out by law and allow the free functioning of trade unions;

- ensure that the new draft Labour Code is adopted in consultation with the most representative worker and employer organizations and is in conformity with the text of Convention No. 87;

- amend section 4 of Act. No. 90-14 in order to remove obstacles to the establishment by workers of organizations, federations and confederations of their own choosing, irrespective of the sector to which they belong;

- amend section 6 of Act No. 90-14 in order to recognize the right of all workers, without distinction whatsoever, to establish trade unions;

- ensure that freedom of association can be exercised in a climate free of intimidation and without violence against workers, trade unions, employers or employer organizations;

- provide further information on the expedient reinstatement of employees of the Government, terminated based on anti-union discrimination; and

- provide information regarding the decision to dissolve the SNATEGS trade union to the mission noted below.

The Committee urgently calls on the Government to accept without delay, and before the next meeting of the Committee of Experts, an ILO high-level mission without restriction and report progress to the Committee of Experts in this regard before its next meeting in November 2018.

The Government representative regretted the decision taken by the Committee, despite all the information and documents provided to the Office. He considered that there were problems relating to the functioning of the Committee in terms of appreciating the effect given to the Convention in his country, which confirmed the need and urgency to reform the Committee’s functioning so that the list of individual cases could be drawn up in a transparent manner and the conclusions were tripartite and reflected correctly and faithfully through agreed recommendations the points of view expressed during the discussions. He recalled the readiness of the Minister of Labour to continue consultations concerning the direct contacts mission that was due to visit Algiers, indicating that he had met the Director-General and the Director of the International Labour Standards Department to discuss the mission. He solemnly declared that his Government rejected the substance and form of the Committee’s conclusions. He regretted that, instead of taking into account the progress made and providing support and encouragement with the objective of making improvements, the Committee had confined itself to the statements made by two persons and undocumented articles in the press and that it had recommended a high-level mission without taking into consideration in its conclusions the measures, arguments, documents and progress achieved, and the existence of a large number of trade unions. He had emphasized on many occasions at previous sessions of the Conference that such inconsistencies jeopardized the impartiality and credibility of the Committee. Finally, with regard to the representatives of workers’ organizations in Morocco and Brazil, he advised them to devote their energies to persuading their countries to ratify the Convention, rather than criticizing Algeria, where trade union pluralism was a constitutional principle, and he took the occasion to remind the Worker spokesperson of the danger that attitudes which were not constructive would push the Committee towards blockage and a dead-end.