Cas individuel (CAS) - Discussion : 2019, Publication : 108ème session CIT (2019)

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



Written information provided by the Government

A high-level mission visited Algeria from 21 to 23 May 2019, in the context of the implementation of the conclusions of the 107th Session in June 2018 of the Committee on the Application of Standards.

The acceptance by Algeria of this ILO high-level mission is a strong indication bearing witness to the country’s interest in the promotion and implementation of the ILO’s Conventions.

Algeria has indicated on several occasions that it has always endeavoured to reinforce and adapt the national legislation in force in conformity with the ILO’s Conventions and the recommendations of the ILO supervisory bodies.

In the context of the legislative reforms, a new approach has been adopted of disassociating Act No. 90-14 of 2 June 1990 on the exercise of trade union rights, as amended and supplemented, from the draft Labour Code. This approach will be aimed at gaining time in the adoption procedure, in view of the number of provisions that it contains in relation to a Labour Code that gathers together several texts, and that dialogue on a single law allows consensus to be reached more easily.

The amendments will be related to the provisions of section 4 of Act No. 90-14 of 2 June 1990 so as to take into account the conclusions of the Committee of Experts and the removal of any constraint on the establishment of federations and confederations irrespective of the sector that the unions cover.

Similarly, the amendments will relate to the provisions of section 6 of the Act, which will be drafted in conformity with Convention No. 87, taking into account international experience in relation to the nationality of workers in the establishment of a trade union, in accordance with the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Moreover, the provisions respecting the protection of trade union delegates will be strengthened to reinforce the freedom of trade union delegates to exercise trade union rights.

To this effect, the draft amendments to Act No. 90-14 of 2 June 1990 will be submitted to social dialogue with all the organizations of employers and workers. This draft legislation will be given priority in accordance with the procedures established in this respect.

The schedule for the examination of this draft legislation will be communicated to the International Labour Office taking into account the current situation in Algeria.

With regard to the registration of unions in practice, it should be noted that the Government has been engaged in a process since 3 April 2019 of processing the files concerning the applications for registration made by unions.

In this context, the Ministry of Labour, Employment and Social Security has contacted those concerned with a view to requesting them to supplement the files, either through the provision of missing administrative documents or removing observations made previously. A schedule of meetings has been drawn up and implemented, and is being continued.

Working meetings have been held and clarifications provided in relation to the administrative files of founder members and the statutes of the trade union organization.

These measures have resulted in the registration of 11 new trade union organizations, including one employers’ organization, which brings the number of registered organizations to 75 trade unions and 42 employers’ organizations, or a total of 117 organizations, compared with a total of 101 in June 2018.

With reference to the organizations referred to in the report of the Committee of Experts, it is also necessary to provide the following information.

With regard to the Autonomous Union of Attorneys in Algeria (SAAA), the Autonomous Algerian Union of Transport Workers (SAATT) and the Higher Education Teachers Union (SESS): following communications disseminated in the information media to which they did not reply, those concerned were invited by mail to contact the Ministry of Labour, Employment and Social Security to be informed of the measures taken by the Government.

The Government will make use of every channel to contact those concerned to accompany them in bringing their files into conformity.

With regard to the file for the General and Autonomous Confederation of Workers in Algeria (CGATA), the Government had indicated that its President was not an employee. Moreover, the planned confederation does not have any registered union among its affiliates.

With reference to the allegations of violations of Convention No. 87 made by the Confederation of Productive Workers (COSYFOP), the National Union of Industrial Workers (SNSI) and the National Union of Energy Workers (SNT ENERGIE), the Government had provided full information and documentation refuting the allegations made by persons who had obtained the status of registered unions without being in compliance with the legal and statutory provisions setting out the rules for the convening of the decision-making bodies of these unions and without the presence of any members or affiliates of the unions.

With regard to the cases of the reinstatement of employees of the administration, whose dismissal was a result of anti-union discrimination, the Government described the situation, through its delegation, during the work of the Committee in June 2018. There have been significant changes in the situation due to the follow-up action taken on these cases with the institutions and enterprises concerned. This follow-up action has resulted in the settlement of 83 of the 86 cases raised and detailed information was provided to the high-level mission.

The total number of workers concerned is 86, in the various sectors (57 workers reinstated; 9 workers compensated; 1 worker in retirement; 12 whose situation is being regularized; 3 dismissed for professional or criminal offences; 3 cases pending before the competent jurisdictions; and 1 case who is not employed in higher education. That makes a total of 83 cases resolved.

The Government also wishes to specify that the processing of the files for the establishment of the following unions (the Autonomous National Union of Workers in Paper and Packaging Manufacturing and Transformation, the Autonomous National Union of Wood and Derivatives Manufacturing Workers and the Autonomous National Union of Workers of EUREST Algeria) showed that the territorial coverage of these unions is of a local nature (at the level of the wilayas or communes). Consequently, they can be registered at the level of the wilaya (department) capital or the commune in accordance with the provisions of section 10 of Act No. 90-14 of 2 June 1990. The persons concerned have been informed and contacted.

The Government recalled that the Autonomous National Union of Electricity and Gas Workers (SNATEGS) was dissolved voluntarily and unanimously by its founder members at a general assembly held on 17 October 2017, in the presence of a bailiff, who prepared an official notification for this purpose. The notification was addressed to the Ministry of Labour, Employment and Social Security, which noted it, and a full report was sent to the International Labour Office. This report was provided to the mission that visited Algeria.

In this context, it should be noted that the Council of State dismissed the application by Mr Raouf Mellal, in the case of the voluntary dissolution of SNATEGS (Council of State ruling No. 18/2436 of 19 July 2018). The Ministry of Justice also indicates that no ruling has been handed down recognizing that Mr Mellal is the President.

The Government indicates that, with regard to the allegations of acts of intimidation and violence against workers and their organizations, that workers and their organizations exercise freely the rights and freedoms recognized by the Constitution and the right to peaceful demonstration in compliance with public order.

Finally, it is important to note that Algeria received the high-level mission based on the terms of reference proposed by the ILO and that all the conditions were met for the mission to be carried out with the various sectors and administrations and with the socio-economic partners.

Discussion by the Committee

Government representative – I can assure you, Chairperson, that my delegation will spare no effort to facilitate your task in directing the discussions in a constructive climate imbued with serenity and will contribute actively to reinforcing the supervisory machinery of our Organization with a view to the just application of international labour Conventions.

Allow me to express the surprise of my Government at seeing Algeria included on the list of individual cases, even if it is with great pleasure that we are meeting our friends the Workers’, Employers’ and Government delegates from the world over in this very important forum.

At the 107th Session of the Conference in June 2018, the Committee made recommendations concerning the application of the Convention in our country. It requested the Government to engage in broad consultations with the economic and social partners concerning the draft Labour Code, to review certain provisions of Act No. 90-14 respecting the establishment of federations and confederations, the recognition of the right to establish unions without discrimination, to ensure the unrestricted exercise of freedom of association and, finally, to provide explanations on the reinstatement of dismissed unionized workers and the dissolution of the Autonomous National Union of Electricity and Gas Workers (SNATEGS).

The Committee also decided to send a high-level mission to report on developments relating to the implementation of its recommendations. The acceptance by my country of the high-level mission is a strong indication of the commitment of the Government of Algeria to the promotion of fundamental principles and rights at work and international labour standards, as affirmed by the ILO, which has always expressed appreciation of the efforts made by Algeria in this regard. Preparations for the visit by the mission and its work were organized under perfect conditions. That proves and confirms the full commitment of my country to the implementation of the decisions through permanent and high-level contacts to examine and study jointly the best approach to giving effect to the conclusions of the honourable Committee.

I now turn to the questions, observations and recommendations issued and drawn up by the Committee. With regard to developments and the assessment made since the last session, the following points should be recalled: the Committee requested the acceptance of a high-level mission, which was granted; the mission was to work in full freedom, which was the case, as noted in the report of the mission, which expressed its gratitude to the highest Algerian authorities for the welcome extended and their cooperation throughout its visit; terms of reference were drawn up by the Office and my country gave its agreement without any reservations both for the proposed interviews with ministerial departments and with workers’ unions and employers’ organizations. No obstacles or difficulties were encountered and the report emphasizes this by indicating that all the conditions were fulfilled for the proper functioning of the mission.

The high-level mission recalled the importance of the legislative reform process that is being undertaken in Algeria for the reinforcement of trade union pluralism and in practice the Government has never neglected the recommendations of the Committee of Experts.

In this context, we reiterate to the honourable Committee the information provided to the high-level mission concerning the adoption by the Government of a new approach for the introduction of the requested amendments, particularly in relation to certain provisions of Act No. 90-14 on the exercise of trade union rights.

This approach consists of disassociating the amendments requested to that Act from the overall process of the finalization of the Labour Code, which will allow time to be gained in the adoption procedure, as only certain provisions of a single Act will be involved, rather than an examination of a text as substantive as the Labour Code, which contains over 750 sections.

In the context of this approach, the amendment of the provisions of section 4 of Act No. 90-14 has already been commenced with a view to giving effect to the recommendations of the Committee of Experts relating to the establishment of “federations” and “confederations”, thereby allowing a clarification of the provisions of section 4 in relation to section 2 of the same Act.

With regard to section 6, its amendment will aim to allow foreign workers to establish and join trade unions of their own choosing, and we are available to benefit from all the international experience available in the ILO in this respect.

With reference to the draft Labour Code, my country places importance on an inclusive approach through which the desired consensus can be reached between the various partners and the Government. This concern is all the more legitimate for the partners in view of the importance and impact of the Labour Code on the world of work. It is also important to recall that no difficulties in the management of socio-occupational relations in the world of work have been reported, as Algeria has had a body of laws and regulations since 1990 and there is not therefore a legal void in respect of labour regulation.

Moreover, the socio-economic partners in my country explained in June 2018 that they were in agreement with the action initiated by the Government for the finalization of the Labour Code.

Finally, it is important to emphasize that the regulations that have been in force since 1990 are in conformity with the main principles of the Conventions. They do however require updating following several years of implementation and in light of the amendments proposed by the ILO, the implementation of which will be pursued in close consultation with all of the socio-economic partners.

With regard to the registration of trade unions, as reported to the high-level mission, modifications and/or amendments will be proposed to the texts respecting the exercise of the right to organize to make the rights more effective and consolidate them. The mission had proposed to make available to us certain examples of international experience in this respect, which will allow us to have specific examples as a basis for going forward.

Moreover, in accordance with the new measures decided upon by the Government last April relating to the acceleration of registration procedures, 20 new organizations have been registered, including 13 workers’ trade unions and 7 employers’ organizations, bearing in mind that the total number of organizations registered is now 121, compared with 101 in June 2018. It is important to note that this procedure for the registration of unions constitutes important progress and has affected organizations in both the administrative sector and the economic sector.

Concerning the SNATEGS, all the details have been transmitted, supported by documentary evidence of the self-dissolution of the union by its own founder members in the presence of a bailiff, without any interference by the administration.

Reference has been made to alleged obstacles to the exercise of trade union rights and acts of intimidation. In this respect, it is important to emphasize that trade unions exercise freely the rights and freedoms recognized in the Constitution and the right to peaceful demonstration in compliance with public order.

Proof is to be found in the demonstrations organized by corporations and the population which are held in my country in a peaceful framework without any impediment, which is being noted at the international level as an example.

Concerning the cases of the dismissal of workers and trade unionists, measures have been taken. The number of workers concerned was 86. Today, 83 of the cases have been resolved and information on them is reproduced in the report of the high-level mission, which held talks on this subject with the representatives concerned, including the Ministry of Justice. We will continue to address the remaining cases and we are open to any international documentation and experience from the ILO, as proposed by the high-level mission, to reinforce and improve the management of this type of situation.

Finally, my country reiterates its commitment to the fundamental labour freedoms defined by international Conventions in this respect. It will ensure the defence and pursue the promotion of trade union rights.

With reference to social dialogue, everyday activities related to the negotiation and conclusion of instruments for the management of industrial relations between the social partners (employers and workers) show that up to now 18,588 collective accords and 3,841 collective agreements have been signed at the enterprise level, and 82 collective agreements and 167 collective accords at the branch level.

In addition, tripartite pacts and agreements at the national level, adopted following dialogue and social consultation meetings between the Government and the economic and social partners, have resulted in the implementation of various programmes relating to the world of work, the reinforcement of social protection and social dialogue and action for the establishment of permanent consultation.

This all shows that freedom of association is exercised normally in my country, and that Algeria is committed to human rights, respect for international Conventions and standards, the promotion of social dialogue and the sharing of successful experience and good practices at the international level.

In conclusion, we consider that the explanations and information that I have just provided and presented to the honourable Committee provide a firm demonstration of the Government’s will to improve procedures, reinforce the protection of the right to organize through the accelerated amendment of Act No. 90-14 and the better management of individual cases. All of that forms part of the implementation of the recommendations of the June 2018 session.

In this respect, I would also like to inform you that the Government is committed to regularizing in the short term all the applications for the registration of unions lodged with the administration.

I therefore request the Committee to take these advances and progress into consideration, as well as the projects and programmes that are envisaged, which will be given effect in line with the new dynamic in my country. I repeat, the projects and programmes envisaged, which will be given effect in line with the new dynamic in my country and I emphasize that the concerns of the Committee are also those of the Government, which will ensure that they are addressed.

Worker members – Since our last session, a wind of freedom and hope has blown through Algeria. It has brought with it a number of changes, but particularly promises for the future. The country is currently experiencing a phase of transition and our hope is to see the legitimate aspirations of the population realized very soon.

It is in this context that the Algerian Government finally accepted the visit by the high-level contacts mission recommended by our Committee last year. The report of the mission updates and specifies certain observations, but also refers to very worrying new elements.

It is important to go over these various aspects.

With regard to the new Labour Code, which has been in draft form since 2011, that is for over eight years, it has still not been adopted. The report of the mission indicates that there have been no consultations with the representatives of employers and workers since 2017. We nevertheless learn that the Government wishes to change its approach by proceeding first with the revision of certain provisions of the preliminary draft of the Labour Code that are considered to be priority. The reform will be carried out more broadly later. It is clearly necessary to ensure that this new approach helps to produce results rapidly.

In any case, it cannot serve as a pretext for delaying forever the reform of the remaining parts of the Labour Code. The process has been going on long enough, and Algerian workers do not have the time to wait eight more years.

We are bound to deplore once again that there has been no improvement in relation to section 6 of Act No. 90-14 of 2 June 1990, which restricts the right to establish a union to persons of Algerian nationality, from birth or acquired for at least ten years.

As recalled by the Committee of Experts in its General Survey on the fundamental Convention, this implies that all those who are resident on the territory of a State, whether or not they have a residence permit, shall benefit from the trade union rights set out in the Convention, without any distinction on the basis of nationality.

Nor has there been any change in the provisions that have the effect of limiting the establishment of federations and confederations.

We note that, in the information provided by the Government, it undertakes to make the necessary changes on these points. That constitutes progress, but we want the Government to progress from words to acts.

In this regard, the report of the mission notes that, in the same way as for certain parts of the preliminary draft of the Labour Code, the Government will give priority to the amendment of Act No. 90-14. However, a commitment of this type is not sufficient. As suggested by the mission, it is necessary for this to be accompanied by a precise schedule setting out the various stages, with the involvement of the representatives of employers and workers.

We note in this respect the commitment made by the Government to provide a schedule for this work to the Office. We insist that the Government does not make use of this option as another delaying tactic.

The mission also noted a problem that the Workers’ group has constantly denounced in this Committee. It can be seen in practice that the Government adopts arbitrary decisions concerning the registration of unions. Accordingly, certain confederations have been refused registration on the grounds that they have affiliates from several sectors, whereas others in the same situation have indeed been registered. It is necessary for the Government to adopt a coherent position by proceeding to the registration of organizations that cover several branches, occupations or sectors and, if necessary, to amend the law.

Another fundamental problem which was also noted by the mission concerns the application of certain provisions that have the effect of limiting freedom of association in practice. This is related to the absence of effective protection against trade union dismissals and discrimination, as well as the difficulty of obtaining reinstatement once a favourable court ruling has been obtained. It also relates to the limitation of access to trade union office through the requirement to be an employed person to hold office.

This situation raises two major problems of compatibility with the Convention. On the one hand, the dismissal of a trade union officer means that the status of employee is lost, which opens the way for interference by the employer in the activities of trade unions. On the other hand, and more broadly, this requirement also constitutes interference by the authorities in the operation of trade unions which, under the terms of the Convention, have the right to choose their representatives freely.

We are bound to note with regret that the Government absolutely does not appear to be aware of this issue since, in the information that it has provided to our Committee, it indicates that the General and Autonomous Confederation of Workers in Algeria (CGATA) could not be registered because its President is not an employed person. We call on the Government to take advantage of the amendment of the Act that it has announced to resolve this point by removing this requirement.

The Government also confirms its refusal to recognize certain organizations on the grounds that they have taken over the status of registered unions without being in compliance with the respective legal provisions and statutes. This is additional proof of the interference practised by the Government in the internal affairs of trade unions, as it is assuming the right to decide what is in conformity with the statutes of an organization and what is not.

The Government also claims to have requested the organizations to update their files, but the procedure takes an enormous amount of time. For example, the Higher Education Teachers’ Union (SESS) has been waiting since 10 April for confirmation to be issued of its registration.

As noted by the Committee of Experts in its report, the registration of unions continues to give rise to other problems in practice. These consist of the particularly long delays in the registration of unions and the refusal by the authorities to register independent unions without giving reasons. This has been going on for many years. We have just seen a specific illustration of this problem.

The mission also noted this point and was able to see that in many cases decisions to refuse registration are dismissive, with no reasons being given, and therefore arbitrary. It should be recalled that, under the terms of Article 2 of the Convention, the establishment of an organization is not subject to previous authorization. In passing, it should be specified that, due to this non-recognition of several organizations, they are excluded from participation in tripartite structures and consultations and, as a result, have not been consulted on the various reforms and revisions.

As recalled by the Committee of Experts in its General Survey on the fundamental Conventions, the requirement of certain formalities prior to registration is only compatible with the Convention on two conditions:

– that it does not confer upon the competent authority a discretionary power to refuse an application for registration; and

– such a requirement does not constitute an obstacle such that it results in practice purely and simply in prohibition.

The situation in Algeria is in practice an illustration of these two situations: the authorities have discretionary power to refuse registration, and non-registration is similar to prohibition. In practice, without registration, the union is not recognized and is not therefore consulted. It does not have even the most elementary rights, such as the right to open a bank account or to hire premises.

Moreover, it is telling to note that unrecognized organizations are those which have recourse to the ILO to defend their rights. Indeed, prosecutions have been brought against an organization and a union official on the basis of elements contained in a complaint made to the Committee on Freedom of Association.

It should be noted that the Government is persisting in its position with regard to the dissolution of the SNATEGS. It maintains that it was the subject of a voluntary dissolution and pretends to ignore the fact that court rulings have been handed down determining the identity of those responsible for the organization and that those really responsible were not the ones who undertook the dissolution.

In passing, we are bound to be astonished at the facility with which a union can be dissolved, when its establishment and registration require so many formalities and a very long period of time.

We invite the Government of Algeria to guarantee security and fundamental freedoms for all trade unionists, and particularly those who responded to and met the mission.

We also call on it to cease having recourse to practices of cloning and the creation of fake unions. This type of practice undermines the credibility of the Government, which nevertheless claims that it wishes to re-establish confidence with the ILO and its supervisory bodies.

I referred a few moments ago to the problem of trade union discrimination and the issue of reinstatement. The high-level mission was able to observe on the basis of specific cases how difficult it is for a dismissed trade union officer to obtain reinstatement. We note that trade unionists who are members of organizations that have not yet been registered are dismissed. Since, under the terms of the current national legislation, which is not in conformity with the Convention, it is necessary to be an employed person or a public employee to hold trade union office, these persons de facto lose their status as trade unionists, which makes their reinstatement impossible.

Furthermore, in several cases, trade union officers who obtain court rulings for their reinstatement have to deal with employers who refuse to give effect to the rulings. In other cases, workers are reinstated on the condition that they cease their trade union activities. They are therefore the victims of blackmail and are required to choose between their livelihood and their trade union rights. In this regard, the report of the mission observes that freedom of association is not guaranteed in practice outside recognized unions.

In concluding, we are bound once again to deplore the gulf that exists between the situation in Algeria and the principles and values of the ILO. Nevertheless, and in contrast with the previous sessions, this time we have reasons for hoping that important changes could be made in the near future, despite the bad will shown by the Government. Until recently, many of the things that seemed inconceivable in the country have become a reality. But the road is still long and only the determination of the population will be decisive. In any event, our determination will remain intact to defend the trade union rights of workers and create the conditions for a better future.

Employer members – I would like to thank the distinguished Government delegate for his submissions before us today. The Employers begin by recalling that this case has been discussed in the Committee in 2014, 2015, 2017 and most recently in 2018. The case has primarily concerned issues relating to obstacles to the establishment of workers’ organizations, including the registration of trade unions in law and practice in Algeria. In prior considerations of this case, the Government has repeatedly indicated that these issues would be addressed by a new Labour Code. The Employers’ group notes positively that following the 2018 Committee’s conclusions, the Government accepted a high-level mission which, as Worker members have described, took place in May 2019. The Employers welcome the fact that the mission took place and we are of the view that now work must be done as a follow-up to the high-level mission. We also welcome the Government’s comments today regarding the high-level mission as evidence of its commitment to full compliance with international labour standards, as well as its demonstration of the Government’s willingness to engage in high-level contact and collaboration between the Government and the ILO. The Employers are also encouraged to hear that the Government is committed to making amendments to the Labour Code, in consultation with the most representative workers’ and employers’ organizations. We also welcome the Government’s comments today, specifically discussing its efforts to implement the Committee’s conclusions of 2018. Therefore, overall, there are a lot of very positive measures to point to in this case. We agree with the Workers’ spokesperson that we are encouraged, that a number of changes have been made, and that the future seems promising. The Employers do note, it is with cautious optimism that we make these statements. The Employers note that the Government has made a commitment to revise the Labour Code and that the Labour Code is in a drafting stage, but we also must be cautious in noting that this process has been ongoing since 2011. The Employers’ group notes with concern that no consultation with the most representative workers’ and employers’ organizations has taken place in Algeria since 2017. Clearly, this aspect must change. We understand the Government’s submissions that new legal reforms consist of reforms of the Law of 2 June 1990, as well as efforts to strengthen the provisions relating to the protection of trade unions specifically, and that a timeline of the Bill has been communicated to the ILO in terms of a workplan, as well as the commitment in that workplan to consultation with workers’ and employers’ organizations. We understand that some of the measures that have taken place is that since 3 April 2019, the Government has initiated a process for registration of trade unions that has resulted in 11 new registrations of trade union organizations, including also one employers’ organization. Also, we understand that there has been a commitment from the Government to engage with interested parties regarding the Autonomous Union of Attorneys in Algeria (SAAA), the Autonomous Algerian Union of Transport Workers (SAAT) and SESS. We also understand that the Government has provided information and documents regarding the allegations of the Confederation of Productive Forces (COSYFOP), the National Union of Industry Sector, and the National Union of Energy Workers. So we note that these efforts are being made and would encourage this to continue. Therefore, the Employers’ group notes that the Government must take this opportunity to reaffirm its commitment to take all of the necessary measures to complete the reform of the Labour Code, without further delay, and that it should also reaffirm its commitment to complete this process in consultation with the most representative national employers’ and workers’ organizations without further delay.

Worker member, Algeria – With a view to contributing to giving a clear picture of practices relating to trade unions in Algeria, particularly in the context of the Convention that we are examining, I would like to provide the following information.

Trade union pluralism has been recognized since the events of 1988 and was set out in the Constitution of 1989. An Act on freedom of association was adopted in 1990, which resulted in the establishment of a number of unions in several sectors, including the public sector. Supporting documents still exist. The General Union of Algerian Workers (UGTA) submitted a paper on the establishment of a number of unions. There are over 60 unions in Algeria, and there is no doubt that the ILO mission that visited Algeria recently has all the documentation on this. Recently, 20 additional unions have been registered, which therefore increases this number.

With regard to the discussion on freedom of association, we cannot deny that trade union pluralism is a reality in Algeria, as attested by the UGTA. If there was a policy against unions, the number of unions in Algeria would not be so high and the prisons would be full of trade unionists.

On the basis of the information provided by the UGTA, we can say that unions are perfectly free to participate in tripartite consultations. The UGTA was founded in 1956 at the time of the national liberation movement, and it therefore has the status to participate in tripartite negotiations in all sectors of the economy and of services. We therefore wonder whether all employers and workers participate through their unions in this level of tripartite dialogue, irrespective of their level of representation. All the unions that exist in the public service also participate in these tripartite dialogues, which are organized by sector in accordance with the Algerian Labour Code.

The tripartite mission met a number of dissident trade unionists who have left the UGTA. It listened to them at length, and this is an important element in the history of our trade union movement, which was the victim of the martyrdom of 400 trade union activists, with their Secretary-General at their head. Logic requires us to wonder about the role of the mission and whether it could interfere in the internal affairs of trade unions.

There is no union today that has witnessed such interference. The question that has been raised by the tripartite mission is whether interference will be brought to an end, which is an element that leads us to question the real intentions of those who endeavour to use the structures of the ILO, which this year is celebrating its Centenary, by making use of the law to defend lies.

For this reason, the UGTA, as an organization with a very long history of honesty, calls for a re-evaluation of the issue based on the facts as they are, and not how they are presented by certain parties to pursue undeclared objectives, which run counter to the interests of the trade union movement in Algeria and other countries of the world.

Algeria today is seeing peaceful demonstrations calling for change. That was also noted by the tripartite mission that visited Algeria, which welcomed the good faith of the Government in honouring its commitments, including the approval of the registration of 20 unions recently. Algeria has nevertheless been included once again in the list of individual cases.

But the Algeria of yesterday has not been the same country since 22 February. Today, Algeria is seeking stability to protect the interests of workers.

Employer member, Algeria – On behalf of the Algerian delegation of public employers, I wish to confirm the readiness of our organization and its commitment to the principles of international bodies, including the ILO. Our country adheres to the principal recommendations, particularly by ratifying the eight fundamental Conventions.

We note with satisfaction the progress made in social matters by my country, although some matters still remain to be specified. We draw the attention of your august assembly to the efforts and action already taken, and we ask you to take into account the commitments made by our Government and to note the proposal to establish a schedule for the implementation of these recommendations.

We thank you for the assistance provided by your Organization, particularly by sending a high-level mission which has enabled us to envisage a better future, particularly by developing social dialogue through the tripartism that my country has adopted as its approach. We insist on the progress made and also call for account to be taken of the political changes that are occurring in our country and which appear to us to augur well for a better future at the economic and social levels.

I wanted to make this contribution to say that it is not a case of just noting the measures to be taken, but also the fact that there has been significant progress, particularly as a result of the political changes that are happening at the moment in my country.

Government member, Senegal – We wish to thank the Algerian delegation for the responses that it has provided to the concerns expressed in the report of the Committee of Experts concerning the application of the Convention. Senegal welcomes all of the measures adopted recently in Algeria in the current context that is characterized by profound changes at the political, economic and social levels, despite this particularly sensitive period of transition that it is experiencing.

Moreover, certain achievements that appear to us to be fundamental should be emphasized: the acceptance by Algeria of an ILO high-level mission, which visited the country from 21 to 23 May; the commitment made by the Government to bring the national legislation into conformity with ILO standards and the consultation underlying the drafting of the national legislation; and the social dialogue which appears to have been established in the country, as indicated by tripartite and broader consultations.

Senegal encourages Algeria to continue its commendable efforts for the implementation of the Convention and to engage, whenever necessary, in consensual reforms that guarantee economic and social stability.

Finally, the Government of Senegal urges the Office to continue providing support to the stakeholders so that they can support inclusive dialogue at the national level and productive tripartism to preserve the higher interests of the country.

Worker member, Spain – One year ago in this same room, I referred to the report of the European Union (EU), of 6 April 2018, on the state of relations between the EU and Algeria under the renewed European Neighbourhood Policy. In point 3, it indicated that Algerian autonomous trade unions were experiencing difficulties in registering and holding meetings, despite the ratification of the Convention. In point 6, it added that the promotion of social dialogue, particularly through the development of autonomous trade unions, should also be among the improvements made to the economy and the labour market. 

Starting from these fundamental premises, one year on, we observe that the repression of independent unions in Algeria continues to be constant, with arbitrary dismissals, the suspension of trade union leaders and the brutal repression of peaceful protests, as indicated by the successive editions of the Global Rights Index of the International Trade Union Confederation (ITUC).

The Algeria of a year ago is not the Algeria that we know today, and this element cannot be overlooked by the Committee. For months, the Algerian people, and with them the independent unions, have been out in their masses on the streets to protest against the fifth mandate of Mr Bouteflika, in a context of the strong mobilization by students and other sectors of Algerian society. At the beginning of this mobilization, and with a trade union movement that was still awaiting legalization, the President of the CGATA, Rachid Malaoui, today with us in Geneva, said that Algeria and its trade union movement were at a crossroads.

And it is in this convulsed political and social context that the ILO high-level mission visited Algeria last May, with many illogical limitations. Even so, we welcome the urgent call made to the Government of Algeria in the report of this important ILO mission to proceed on an urgent basis to the registration of the CGATA, the Algerian Union of Employees of the Public Administration (SAFAP) and the SESS, and to provide the necessary facilities for these procedures. The CGATA has not yet succeeded in obtaining its official registration in Algeria, with its leaders and members suffering harassment at various times.

The Government is continuing to make use of the same methods of arbitrary dismissal to prevent the operation of unions, under the pretext of the absence of registration of these organizations. We have all seen in recent months how the people of Algeria have decided to take back their place, honour and dignity.

The outcome of the debate in this Committee should be commensurate with the dignity of the Algerian people, which is fighting for its democratic freedoms. It should require the Government of Algeria to comply with the Convention and should endeavour to avoid us coming back again in 2020 to this room to note that nothing has changed.

Government member, Burkina Faso – My country reaffirms its commitment to the principles and values set out in this Convention. The question of the defence of freedom of association is a fundamental concern of our Organization. The promotion of freedom of association has been the ILO’s main concern since its Constitution of 1919, to the Declaration on Fundamental Principles and Rights at Work of 1998, passing through the Declaration of Philadelphia of 1944.

The Government of Algeria is under examination by our Committee concerning the implementation in law and practice of certain relevant provisions of the Convention, which it ratified in 1962. My country’s delegation notes with satisfaction the useful information provided by the Government of Algeria concerning the various efforts made by this fraternal country to give full effect to the principles contained in the Convention. It is happy to note that, on all the issues raised by the Committee of Experts, Algeria has already initiated consultations, provided certain responses and indicated its will to make the necessary modifications to ensure the full application of the Convention in practice. For this reason, we encourage the Government of Algeria to pursue its efforts and to request ILO assistance in the context of the planned reforms.

Observer, IndustriALL Global Union – I am happy and honoured to be speaking to you on behalf of IndustriALL. My colleagues from the Trade Union Confederation of Productive Workers (COSYFOP) and myself met the high-level mission in May. What we have lived through following the conclusions adopted by the Committee in 2018 has been horrible. There have been convictions, cases of imprisonment and arrests. I myself was brutally arrested on 23 April 2019 and I suffered psychological and physical torture at the police station. I was stripped and handcuffed, and made to sit on an iron chair to be interrogated about my trade union activities. I have noted that each time conclusions are adopted by the Committee, there is an increase in repression and threats against my colleagues and myself to convince us to accept the administrative dissolution of SNATEG by Order No. 296 of 16 May 2017 of the Ministry of Labour.

Moreover, during the discussion of this case by the Committee in 2017, the Government representative stated that no administrative order had been issued to withdraw the registration of the SNATEG on 16 May 2017, and the same Government representative today repeats that he was right concerning the annulation of the order, which should never have existed.

With regard to the alleged voluntary dissolution, and following the loss of all the trials against us by Mr Boukhlafa Abdallah, the Ministry of Labour lodged charges against me for usurping my functions, in April. The Ministry used its influence to obtain a conviction against me. With reference to the COSYFOP, registered with the Ministry of Labour under No. 30/1991, the Ministry declared that the executive bodies of the COSYFOP have been convened unlawfully.

I can confirm to you today that there is no internal dispute that the Algerian Government can use against the COSYFOP to attack its credibility. We are not requesting the Government of Algeria to register us, or offer us facilities. What we are requesting is to bring an end to this oppression against unions, these arbitrary practices that raise obstacles to the protection of the right to organize and freedom of association. The high-level contacts mission called on the Government to bring an end to the practices of oppression, particularly with the unions and persons who met the mission. And that is why I want to tell you what happened to one of our comrades, Mounit Batraoui, who met the high-level mission, who is today suffering intimidation and harassment. Moreover, the dismissed trade unionists have not been reinstated and the website of COSYFOP has been censured. The Government should be reminded that the Ministry of Labour is a partner for the unions, and not their hierarchical superior or a judge who decides on the legitimacy of congresses and elections, particularly as the law prohibits the administration from interfering in the internal affairs of unions.

Government member, Bolivarian Republic of Venezuela – The Bolivarian Republic of Venezuela welcomes the full information provided by the honourable representative of the Government of Algeria in relation to its compliance with the Convention. We appreciate the progress made in the framework of freedom of association and protection of the right to organize.

It should be recalled that at the last session of this Committee, we expressed concern that complaints were being considered in this case from persons or organizations which do not belong to the world of work, which is not relevant, and particularly if it is all for political purposes. We need to take into account the situation that Algeria is experiencing. The weight that has to be given to the acceptance by Algeria of the visit of a high-level ILO mission is undeniable. The mission visited the country from 21 to 23 May 2019, which demonstrates the Government’s interest in collaborating with the supervisory mechanisms of this Organization.

This Committee should take into account the fact that the Government of Algeria is reforming and adjusting its legislation in conformity with ILO Conventions and the recommendations made by the Committee of Experts.

We encourage the Government of Algeria to pursue the legislative amendments envisaged in relation to trade union federations and confederations, the nationality of workers when establishing unions and the protection of trade union delegates in the context of their trade union activities, among other matters.

We trust that the conclusions of this Committee resulting from this debate will be objective and balanced, which will undoubtedly mean that the Government of Algeria will be able to take them into consideration and value them within the framework of its action to give effect to the Convention.

Worker member, Congo – I am taking the floor on behalf of the workers of the Congo and those of the Organization of Trade Unions of Central Africa (OSTAC) on the case of Algeria in relation to Convention No. 87, which was ratified by Algeria in 1962.

After hearing and having understood the substance of the intervention by the representative of the Government of Algeria, we can note that Algeria has ratified the eight fundamental Conventions and that, following the ILO high-level mission that was carried out from 21 to 23 May this year and the exchanges that followed on legislative reforms concerning the legislation in question, it has been called before our Committee again. There are therefore grounds for believing that the action taken to amend and supplement certain provisions of the Labour Code (Act No. 90-14 of 2 June 1990) in practice constitute progress that is to be welcomed. The draft amendment to the Act, which will be subject to social consultation with all the organizations of employers and workers, may therefore be seen as a strong signal that Algeria will henceforth be in conformity with the provisions of the Convention. We therefore feel that things are moving in a positive direction in Algeria, and the will of the authorities responsible for labour and employment is under scrutiny.

The ILO high-level mission was undertaken on the basis of terms of reference proposed by the ILO. Let us therefore give Algeria the time and opportunity to give effect to the provisions of the Convention and for the dismissed workers to be reinstated, for which the related procedure is well advanced, according to the information provided by the Government.

Government member, United States – In 2018, the Committee expressed concern regarding the Government’s progress in addressing the freedom of association situation in Algeria, as this issue has been discussed for more than a decade across the ILO supervisory system.

The Committee urged the Government to take measures to ensure that workers and employers could operate freely from intimidation and to establish a transparent trade union registration process consistent with international labour standards. In that regard, we note the Government’s acceptance of a high-level mission to the country in May 2019. We welcome this development and look forward to reviewing the mission’s report in detail.

In the meantime, we urge the Government to continue to implement the 2018 Committee’s conclusions, particularly:

- ensure that the registration of trade unions in law and in practice is in conformity with the Convention;

- 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 social partners, especially the most representative;

- 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;

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

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

Government member, Egypt – We have listened with great attention to the Algerian Government’s statement and the fact that the Committee of Expert’s recommendations have been taken into account. We feel that the situation in Algeria is positive and that the country finds itself at a crossroads. We must take into account the efforts made by the Government, which always participates in social dialogue, despite the difficulties occurring in our brother country. We believe that the Government of Algeria will create a positive environment. The Government of Algeria wants to work on social dialogue and ensure that trade union pluralism exists in the country.

In 1990 the Law was revised and it is still under revision today. We feel that this country deserves encouragement and we must congratulate Algeria, and ensure that it may move ahead. The situation is promising and we need to provide Algeria with more time.

Government member, Syrian Arab Republic – We have read and listened with great attention to the statement made by the Government of Algeria. We feel that the efforts undertaken are of a serious nature and that the future is promising. Measures have been taken to allow the Government of Algeria to fulfil the recommendations of the Committee of Experts so that it may fully respect the Convention. The in-depth reforms in Algeria are being undertaken in a serious manner. We feel that the high-level mission of the ILO to Algeria was successful and that all these efforts made by the Government are positive. Let us also recall that the right to work and the non-discrimination or non-differentiation between Algerian workers and foreign workers are all being taken into account. The Algerian Government is making great efforts to adopt reforms. The high-level mission was welcomed warmly in Algeria and that is why we believe that the Algerian Government should be considered as worthy of our trust. It requires more time and the context is difficult despite the technical assistance provided by the ILO.

Observer, Public Services International (PSI) – The Government of Algeria is stubbornly refusing to take the necessary measures. For example, the bailiffs of the SNAPAP Justice Federation have been the subject of arbitrary and unjust dismissals following a general strike, without up to now receiving compensation for the prejudice suffered or the payment of their salaries. Similarly, the national coordinator of the SESS was arbitrarily arrested on 13 July 2016 and then found innocent, as his file was empty. These are the types of intimidation to which we are subjected.

Moreover, following the establishment of the SNAPAP chapter in the University of Belgaid, the President of the University exerted pressure on the delegates to withdraw the chapter and launched judicial proceedings to prevent the creation of a union chapter. A complaint was lodged against the person responsible for coordination at the level of the Wilaya, Salim Mecheri, with a view to decapitating the union.

Furthermore, Mellal Raouf, Kouafi Abdel Kader, Ben Zein Suleiman and Suleimani Mohammed Amin Zakariya Benhadad were convicted to sentences of imprisonment because of their statement to the press. The same also applies to the Autonomous National Union of Electricity and Gas Workers. We are being dragged before the courts, despite the rights from which we should benefit.

With regard to the registration of the CGATA, we heard the Minister, but it should be known that the Government of Algeria, the employers and many others have made false statements at each session of the Committee. In fact, the Ministry of Labour refuses to register a number of unions, which once again proves the stubborn persistence of the Government. This Government disdains the recommendations of the Committee of Experts, also in relation to the CGATA and a good number of other unions, including the SESS, which organizes higher education teachers. That is why I wonder and I ask you whether real trade union freedom exists. The Minister provides lists of unions that do not exist in practice, and I urge him to provide the names of their leaders. It is my belief that these unions do not exist. They are ghost unions.

Government member, Mauritania – We congratulate the Algerian delegation for its exhaustive and relevant report on the implementation of the Convention. We welcome the fact that Algeria received the ILO high-level mission, which demonstrates its will to engage in constructive cooperation with the ILO for the implementation of its international Conventions.

The report presented by Algeria indicates, on all the matters raised, that the authorities have offered satisfactory responses and taken appropriate measures, in accordance with the relevant ILO Conventions and the recommendations of its supervisory bodies. In conclusion, in light of the specific situation that Algeria is experiencing, it would be desirable for all its partners to support it constructively by recognizing its efforts to give effect to all the recommendations of the ILO and to promote social peace.

Worker member, Argentina – The Confederation of Workers of Argentina (CTA Autonomous) joins with its other comrades in asking the Government of Algeria to give effect immediately to the recommendations of the ILO mission and proceed to the immediate and unconditional registration of the CGATA and the other independent trade unions.

The report of the Committee of Experts notes with concern the list provided by the ITUC and the CGATA of nine trade unions which had applied for registration and in the end dropped their applications due to the demands of the authorities and the time that had elapsed without obtaining registration.

We wish to remind the Government of Algeria that the Declaration on Fundamental Principles and Rights at Work of 1998 clearly establishes that the fundamental rights, such as those set out in the Convention, must be respected by all member States even if they have not ratified the respective instruments, and all the more so in this case as Algeria ratified the Convention in 1962.

In this respect, the recent registration of 11 new government trade unions is indicative that the Government only grants registration to those organizations that do not lodge complaints, which shows the low level of respect in which the Government of Algeria holds the ILO and its recommendations.

We also remind the Government that the exercise of lawful trade union activities and the right to organize should not be dependent on the official registration of these organizations. In this respect, we recall that the Convention, in Article 2, provides that workers and employers, without distinction whatsoever, shall have the right to establish and to join organizations of their own choosing without previous authorization.

We also openly denounce the brutal repression by the police of the street demonstrations which occurred some days before the ILO mission and the detention of our trade unionist comrades. This makes the situation worse and, in addition to being in violation of freedom of association, in this case there were violations of public freedoms which are the necessary prerequisite for the existence of freedom of association.

We also denounce the recent threats issued by the Minister of Labour of Algeria, Mourad Zemali, against the independent leaders of the CGATA and its affiliates a few days after the arrival of the ILO mission, accusing them of being behind the “stigmatization” of the Government of Algeria in relation to the Committee.

The lack of respect of the Algerian authorities for ratified Conventions is clear when we hear the Government promising to amend section 4 of the Labour Code without setting out a specific schedule for doing so.

Considering that the Labour Code has been stalled for over 20 years for these same reasons, we call on this Committee to demand that it is now completed with the greatest urgency.

Government member, Egypt – I would like to begin by thanking the head of the Algerian delegation for the important information given to us here. This was information relating to steps taken by the Government in seeking to ensure application of the Convention.

We are convinced that the reforms undertaken by Algeria whether to current legislation or in other areas is a reform that is worthy of understanding and respect. We also believe that all of this is in line with the spirit and nature of the Convention. I would note further that Algeria welcomed a high-level mission from the ILO earlier this year and the Government has told us that they are working to adapt structures in the country and to bring them fully into line with the terms of the Convention.

We also note the ongoing administrative reform that is very far-reaching. We have heard about the work being done by the Government and that is something that we commend. We welcome also the fact that the Algerian Government is firmly committed to social justice and peace. The representative of Algeria stated clearly that reform is under way, that amendment of legislation is under way and that this is in line with the recommendations of the Committee of Experts on the provisions of the Convention.

It has also been stated that trade unionism is being promoted without any hindrance in the country. Therefore the Government is seeking to fully implement the Convention that has been ratified. We know that a timetable has been prepared, that this has been transmitted to the Office and all of this shows that Algeria is serious about assuming its responsibilities in terms of social dialogue and is willing to do that.

We welcome what has been achieved thus far and we also welcome the work that is currently under way to ensure that freedom of association can be fully enjoyed in Algeria. We thank the Government of Algeria for all that it is doing, the serious approach to reform that it is taking and we are convinced that fruitful positive results will be achieved.

Observer, International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) – We deplore and denounce the constant instrumentalization of the cloned unions of our affiliate the National Autonomous Union of Public Administration Personnel (SNAPAP).

In its conclusions, the high-level mission specifically referred to cloning, the creation of fictional fake organizations, without names, legitimacy, as one of the anti-union practices systematically used by the Government of Algeria.

Every time the SNAPAP establishes a chapter in a particular administration, the security services, with the assistance of the local administration, pressurize delegates to persuade them of the prohibition on joining any other union than the cloned SNAPAP, under threat of reprisals. The national security services have once again exerted pressure on the owner of the new headquarters of the SNAPAP to cancel the rental agreement.

SNAPAP has already been compelled to leave its previous national headquarters in view of the pressure exerted on the previous landlord and as the union had to exist for several months without electricity following the decision of SONELGAZ, the public gas and electricity company, in the middle of winter. The case is currently before the courts.

The IUF strongly supports the recommendations of the mission and we call for the implementation of specific and urgent measures to ensure that Algerian women and men workers can exercise their fundamental rights in an environment exempt from interference and intimidation, and there I am quoting the report.

Government member, Turkey – We would like to thank the Algerian Government for the detailed response they have provided. We welcome the Algerian Government’s willingness to engage in dialogue and provide more information. We take note of Algeria’s efforts to work closely with the ILO in several fields. As a member of the ILO, Algeria has ratified 42 Conventions, including all fundamental and three priority ones. The Algerian Constitution and its national labour legislation enshrine the right to organize and strike for all citizens. The Algerian Government is also committed to solve the problems regarding labour relations and conditions in the country. We think it is worth mentioning that measures taken by the Algerian Government towards enriching social dialogue demonstrates the Government’s willingness and commitment to continue its efforts to further improve the conditions of freedom of association and the protection of trade union rights.

Algeria accepted the visit of the ILO high-level mission in May 2019. It has a committed effort to strengthen and adapt its current legislative framework to bring it into line with the ILO standards. We encourage the Algerian Government to continue to undertake further steps in this regard. We believe that within the social dialogue mechanism, recent amendments relating to freedom of association made by the Algerian Government will promote the rights and freedoms of the trade unions. For these reasons, we join the request that the Committee should take into account all the efforts made by Algeria in consultation with the social partners.

We believe that Algeria will continue to work with the ILO and social partners in the spirit of constructive cooperation regarding the ILO and the international labour standards and comply with reporting obligations and the ratified ILO Conventions.

Government member, Zimbabwe – Zimbabwe takes the floor to thank the Government of Algeria, the spokesperson of the Workers’ and the Employers’ groups and other delegates for their submissions. These have put the issues under discussion into perspective. The Zimbabwe delegation takes note of the documents from the Committee of Experts on Algeria and the issues raised therein on the violation of the Convention. The delegation of Zimbabwe notes with satisfaction that the Government of Algeria has commenced widespread reforms that are aimed at complying with both the Convention and the comments by the Committee of Experts. We are aware that the legislative reform is a process and, as such, Algeria needs to be given time to make the necessary changes in law. Further, we note the fact that the Government of Algeria has responded to the comments by the Committee of Experts in respect of registration of trade unions. In its report, Algeria submitted that it has registered 75 workers’ unions and 42 employers’ unions since the revision of the Law. This is a positive sign indeed that Algeria is willing and indeed ready to work with the ILO, the workers’ and the employers’ unions in finding a lasting solution to the issues outlined by the Committee of Experts. Based on the submissions made by the Government of Algeria, the delegation of Zimbabwe is pleased with the positive stands and progress made in complying with the recommendation of the Committee of Experts. It is our considered view that the Government of Algeria has responded positively and in detail to specific issues raised by the Committee of Experts. To this extent, the delegation of Zimbabwe urges the ILO to continue to avail technical assistance to the Government of Algeria in all its efforts to comply with the Convention and observations by the Committee of Experts.

Government member, Brazil – Brazil thanks the Government of Algeria for the presentation of detailed information for the consideration of this Committee and for the preliminary information on the case provided by the Government and available on the Committee’s web page. Brazil notes that this case has been brought to the attention of this Committee on multiple occasions. This excessive exposure does not contribute to the aim of promoting the goals of the ILO Conventions. Rather, a universal review in which all governments from all regions of the world, both developing and developed, were called to appear periodically to this Committee, would serve more cogently and credibly the universal goals of ILO’s core Conventions. In the last few years, Algeria has been placed on the shortlist in 2014, 2015, 2017, 2018, and now again in 2019 (five times in six years – all in relation to Convention No. 87). Algeria’s case is another reiteration of the regrettable practice, to single out developing countries.

The lack of due notice, the opaque nature of the selection of cases, and the negotiation of conclusions, seriously hinder our efforts to build constructive dialogue and give meaningful consideration to the submissions of various parties. A strong, effective and legitimate ILO, adapted to the contemporary challenges of the world of work and multilateralism, is of interest to all – governments, workers and employers. This should and can be achieved by means of cooperation, dialogue and partnership.

Brazil takes good note of the willingness of the Government of Algeria to cooperate with the ILO, as demonstrated by its submissions to, and engagement with this Committee, and its clear efforts to adhere to international labour standards and review its national legislation as appropriate.

Brazil reiterates that only well-defined standards, to which a Government has agreed through the formal ratification process, should ground any questions or requests for clarification before this Committee. The Office, this Committee and the ILO as a whole should recognize the important role of governments, national institutions and organizations in the interpretation of standards with a view to accommodating national circumstances and capabilities.

Observer, International Trade Union Confederation (ITUC) – I am speaking on behalf of the CGATA, to which the SESS is affiliated. The CGATA reminds the Committee that Algeria is living through a period of great political instability as, since 22 February, the people have been coming out in their millions each week to demand a second Republic. We therefore consider that the representatives of the Government here have no legitimacy to represent the Algerian people.

Moreover, the trade union confederation UGTA, which has always played the role of the trade union close to the authorities, is bitterly criticized by its members, who are constantly assembling to demand its return to real trade unionists. Its Secretary-General has been prevented from leaving the national territory by decision of the real power in Algeria, that is the army, to sacrifice some of those guilty in our country in a vain attempt to calm the people of Algeria.

Turning to the recommendations of the Committee of Experts and the failure to comply with the Convention, we emphasize that the high-level mission visited the country during a period of political instability. All of the credibility of the ILO, and particularly the Committee, is at stake, as the high-level mission clearly reported that it is the trade unions that have complained that have been refused registration. The mission recommends the Government to proceed with the registration of the CGATA and the SESS on an urgent basis.

The visit showed that a high number of trade unions have been refused registration, which indicates that many trade unions have been afraid to appeal to the ILO in light of the repression suffered by the CGATA and its affiliate, the SESS. Another affiliate, the SNAPAP, has suffered from cloning, which has been denounced here on many occasions.

Not only has there been no progress in terms of the consultation of the social partners on the draft Labour Code, but the authorities have just invented a new way of putting off action by saying that certain provisions will be corrected without revising the whole Labour Code. We have been waiting for 18 years for the promised Labour Code, because the first complaint was in 2001. Now, a new procedure has to be followed for who knows how many more years. It must also be noted that the dismissed trade union delegates have not been reinstated, despite the promises made.

We trust in the Committee to restore our rights. We demand the immediate and unconditional implementation of the Committee’s recommendations. We demand the determination of strict time limits for the registration of the CGATA and the SESS, as well as for the reinstatement of the dismissed trade union delegates and the amendment of the Labour Code.

Government member, Namibia – Chairperson, Namibia welcomes the information provided by the representative of the Government of Algeria on the implementation of the Convention. Namibia is pleased to note the ILO high-level mission’s visit that took place from 21 to 23 May 2019. The ILO high-level mission was able to meet with some ministerial departments and social partners and collected documents and evidence on the situation of trade unions.

Further, the Government of the Republic of Namibia notes that the Government of Algeria remains committed to give effect to the comments from the Committee of Experts with regard to legislative reforms. The increase in trade union registration from 101 in June 2018 to 121 in June this year, as per the submission by Algeria, it is an indication that registration of trade unions in Algeria conforms with the Convention, both in law and in practice. We therefore call upon the ILO to continue providing technical support to Algeria. Finally, this Committee should take note of the progress made by the Government of Algeria in its conclusions.

Government member, Sudan – The delegation of Sudan would like to thank the Government representative for the information provided regarding the fulfilment of the requirements of the Convention, which Algeria has ratified in 1962.

My delegation believes that the Algerian Government has made great efforts to facilitate the work of the high-level mission as well as implement reforms. This is worthy of congratulations, as the country is undergoing difficult times. The Government of Algeria has committed to fully respect Convention No. 87, and the number of trade unions registered has risen a great deal in one year. Chairperson, we are of the opinion that the Government of Algeria must receive assistance to fulfil its reforms, and deserves technical assistance.

Government member, Mali – Following the points made by the Minister of Labour of Algeria, it is important for the Government of Mali to express its total support. However, we invite him to pursue and reinforce the efforts made with a view to calming the social climate.

Government member, Cuba – My delegation reaffirms the importance of continuing to promote tripartism and social dialogue in all countries with a view to resolving the differences that arise in the world of work and promoting better protection for the rights of workers and trade union freedoms, which must be a constant objective for everyone.

We therefore encourage the Government of Algeria to pursue its efforts for this purpose, while recognizing the steps taken up to now. We hope that the legislation protecting these rights will continue to be strengthened. We also emphasize the need to continue promoting, within the framework of the ILO, measures and programmes of technical assistance for countries which make space for governments to take action with the intention of resolving the challenges faced by the world of work in an environment of cooperation and exchange.

Government member, Lebanon – Taking into account the information provided to us by the Government of Algeria in its detailed and full response concerning the implementation of the provisions of the Convention, we congratulate the Government of Algeria on the great efforts made and all the measures taken at the legislative level and in terms of the reforms that have been embarked upon and the practical measures that are currently being implemented.

We commend and encourage the Government of Algeria to reinforce tripartite dialogue with the social partners. We urge the Government of Algeria to engage in consultations with workers’ unions in the framework of the reform of the Labour Code to ensure that it is in conformity with international Conventions.

We also urge the International Labour Office to strengthen cooperation with the Government of Algeria through the provision of more technical cooperation to consolidate the progress that has already been made.

Government member, Ethiopia – Ethiopia would like to thank the Government of Algeria for the information it provided. We have heard from the report of the Government of Algeria that it is working towards amending its relevant bills in consultation with the social partners and the timetable for the review of the bill will be communicated to the ILO Office. We are also informed by the Government of Algeria that there exists a conducive environment for workers to organize in trade unions of their choosing and freely exercise the rights in conformity with the Convention.

The Government of Algeria further indicates its acceptance and openness for the visit of the ILO high-level mission which in our view is a sign of interest that it attaches to the promotion and implementation of the Convention in point. From the foregoing, my delegation is convinced that progress is made in Algeria in conformity with the recommendations of the Committee. In light of the progress made and change taking place in Algeria towards aligning its national legislation with the Convention in point and the prevailing positive environment for trade unions to exercise their rights, we encourage the Government of Algeria to step up its effort to work closely and collaboratively with the social partners in the spirit of promoting social dialogue, to affirm its commitment to the full implementation of the Convention in law and in practice and we also look forward for the ILO’s technical support in this regard.

Government member, Niger – Niger commends the Government of Algeria for the detailed information provided in relation to the observations of the Committee of Experts. Niger also welcomes the will shown by Algeria to collaborate with the ILO supervisory bodies by receiving the high-level mission following the 107th Session of the International Labour Conference. Despite the situation that is being experienced by the country, it must be noted that considerable efforts have been made to give effect to the Convention.

To ensure the continuation of these efforts, the ILO must continue to provide assistance to its Algerian tripartite constituents so that they can make progress. Finally, we pay tribute to all of the efforts and the progress made in the implementation of the Convention and we encourage the Algerian constituents to continue on this path.

Government representative – It is with great pleasure that I take the floor again to thank all the speakers – Governments, Workers and Employers – who have expressed support for my country, those who have requested further information and those who have called for efforts to be made. I would also like to thank the high-level mission that visited Algiers and which succeeded in ensuring the neutrality of its report. It was my duty and that of my Government to do so.

We have noted the questions and requests, as well as the proposals made. Accordingly, while recalling and emphasizing once again the commitment of the Government to take action in the context of a rapid and organized process that coincides with the new dynamic of the country, the results achieved up to now, since the last session in 2018, show that specific progress has been made.

A process has been initiated, particularly with the commencement of the revision of Act No. 90-14, and I repeat that a process has been initiated, the settlement of almost all the individual cases of dismissal (83 out of 86), a commitment to pursue the long-standing consultation on the Labour Code, which will be complete. I indicated in my communication that the provisions of sections 6 and 4 will be covered. That is a commitment.

With regard to the registration of trade unions, the commitment has been made and all the applications made will be dealt with.

We will continue our cooperation with the ILO to complete and ensure the completion of all these projects and processes. The willingness of the Government of Algeria is total, and we will ensure that all these programmes are completed to achieve the expected objectives. These are not promises, but commitments, and we have explicitly addressed, as I have just said, the provisions respecting federations, confederations and nationality for the establishment of a trade union.

We are currently looking towards the future, and the assessment that has been provided is beginning to bear fruit. The list of organizations registered was brought to the knowledge of the direct contacts mission, and we can resubmit the list of trade unions today to this Committee, for both the administrative sector and the economic sector, together with all the necessary information.

We accepted the high-level mission, even though certain of those who called for the mission in 2017 and 2018 refused to meet it in 2019. This raises questions concerning their attitude. I leave the Committee to interpret this in full freedom.

The Government once again emphasizes its complete availability and its respect for the ILO to make progress, and we will ensure together that the expected objectives are achieved, while emphasizing that the Government of Algeria protects all of its citizens, without exception, and that those who have portrayed themselves as victims are able to travel within and outside the country. They are even in this room. There is no repression.

In conclusion, I call on all of us to ensure that cooperation with the ILO is reinforced with a view to the completion of the programmes. And I call for justice in the approach adopted to the examination of this case.

Employer members – The Employers’ group has taken careful note of the Government’s submissions and looks forward to considering these submissions in further detail alongside a more detailed analysis of the report of the high-level mission. We also took careful note of the discussion today in our Committee and welcomed the active participation of those who took the floor.

The Employers’ group welcomes the Government’s commitment to work towards compliance with the Government’s obligations in accordance with the Convention following the high-level mission and, in particular, welcomes the Government’s commitment to do so in a rapid manner. The Employers’ group, therefore, takes this opportunity to encourage the Government to take all of the necessary measures to complete the reform of the Labour Code without further delay and in making this recommendation, we encourage the Government to commit to this process in a time-bound manner. This reform process, in the Employers’ view, should be completed alongside good faith consultation with the national employers’ and workers’ organizations, as well as in a spirit of commitment to ongoing social dialogue in the country.

Worker members – I give thanks to the delegates who have participated in this debate for their support. The Government of Algeria has now been promising for several years to adapt the legislation to bring it into conformity with the Convention, and the Workers’ group calls on the Government to provide the Office, as soon as possible, with a precise schedule indicating the stages of the priority reform of Act No. 90-14 and the preliminary draft of the Labour Code.

We also invite the Government to take the occasion of this reform to introduce a series of amendments. We insist in particular on the following elements: first, the adoption of provisions that guarantee effective protection against trade union dismissal and discrimination; second, ensuring the rapid reinstatement of trade union delegates once a favourable court ruling has been handed down; and, third, the abolition of the requirement to be a salaried employee to be able to hold trade union office.

These elements are not exhaustive and we call on the Government to give effect to all of the recommendations contained in the report of the high-level mission

We also invite the Government to proceed with the registration of all trade unions that are awaiting recognition, and particularly the SESS, CGATA and SNAPAP.

Finally, we call on the Government to provide a detailed report to the Committee of Experts containing the draft amendments so that the Committee can examine them at its next session in November.

Algeria is at an important crossroads in its history, and no one can predict the path that it will follow. It is essential to seize this opportunity to lay the foundations for a society based on liberty and to write a history of equality and dignity. In short, it is a matter of sowing justice to reap peace.

Conclusions of the Committee

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

The Committee noted positively that the Government had accepted a high-level mission in May 2019. 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 and noted with concern the continued absence of tangible progress to bring the legislation into compliance with the Convention.

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

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

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

- review the decision to dissolve the SNATEGS trade union;

- systematically and promptly provide trade union organizations with all necessary and detailed information to enable them to take corrective action or complete additional formalities for their registration;

- 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;

- take all appropriate measures to guarantee that, irrespective of trade union affiliation, the right to freedom of association can be exercised in normal conditions with respect for civil liberties and in a climate free of violence, pressure and threats;

- ensure impartial investigation and due process rights in order to guarantee the rule of law;

- reinstate employees of the Government terminated based on anti-union discrimination, where appropriate; and

- ensure that the new draft Labour Code is adopted with no further delay and is in compliance with the text of Convention No. 87.

Taking note of the recent ILO high-level mission that visited the country, the Committee urges the Government to fully implement the recommendations issued and to report on progress achieved to the Committee of Experts before its next session in November 2019.

Government representative – My delegation takes note of the Committee’s conclusions. It reiterates its commitment to act upon the recommendations of the Committee of Experts. Progress has been made, and the Government will continue its work in this regard. Schedules will be drawn up to provide the necessary transparency regarding actions to be undertaken in the short term, and those for which steps should be taken towards broad consultations with all the social partners, as noted during the discussions. The implementation of the conclusions of the high-level mission, and the progress and achievements will be reported to the Committee before November 2019, as reflected in the conclusions.