Demande directe (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Algérie (Ratification: 1969)

Article 1(a) of the Convention. Imprisonment involving compulsory labour as a penalty for expressing political views of opposition to the established political, social or economic system. 1. Definition of terrorism. The Committee recalls that section 87bis of the Criminal Code defines terrorist or subversive acts in relatively broad terms, as any act undertaken with a view to the “obstruction of traffic or freedom of movement of thoroughfares and occupying public places with gatherings; damaging means of communication and transport, public and private property, taking possession thereof or unduly occupying it; obstructing the actions of the public authorities or the free exercise of worship or of public freedoms and also the functioning of public service establishment; and hindering the operation of public institutions”. These actions are liable to imprisonment ranging from ten to twenty years, including the possibility of compulsory labour. The Government indicates that in practice the application of section 87bis is strictly interpreted; that the section concerns offences that are classified as acts of terrorism or sabotage, that is, acts that undermine the security of the State and inspire terror and insecurity among the population, thereby obstructing the functioning of public institutions or endanger human life or property; and that consequently there are no grounds for applying the provisions of that section in cases involving the peaceful expression of opinions.

The Committee observes that the Special Rapporteur on the rights to freedom of peaceful assembly and of association in his 2024 report emphasized that section 87bis of the Criminal Code contains an overly broad and vague definition of terrorism, which was further broadened by Presidential Ordinance No. 21-08 of 30 May 2021. He indicates that the section has been used to prosecute individuals for exercising their right of peaceful assembly.

The Committee recalls that, while anti-terrorist legislation fulfils the legitimate need of protecting the safety and security of the population, it can, when couched in vague and general terms, become the means of punishing the peaceful exercise of civil rights and freedoms, such as freedom of expression and the right of association. The Convention protects these rights and freedoms against all repression through sanctions involving compulsory labour. Consequently, the Committee requests the Government to communicate information on the application in practice of section 87bis of the Criminal Code, including on the number of proceedings brought, sentences handed down by the courts, specific sanctions imposed, as well as the acts that gave rise to the convictions.

2. Ordinance implementing the Charter for Peace and National Reconciliation. The Committee recalls that section 46 of Ordinance No. 06-01 of 27 February 2006 implementing the Charter for Peace and National Reconciliation establishes a penalty of three to five years’ imprisonment (involving compulsory labour) and a fine for any person who, through their statements, writings or any other action, uses or exploits the wounds of the national tragedy to attack the institutions of the People’s Democratic Republic of Algeria, to weaken the State, to dishonour its officers who have served it with dignity, or to tarnish the image of Algeria at the international level.

The Government indicates that the provisions of section 46 are applied based on a strict interpretation of the Criminal Code and, as a result, criminal proceedings are only possible where all the elements of the crime provided for by the provisions of the said section are united. Those elements include criminal intent to attack the country’s institutions, weaken the State, dishonour its officers who have served it with dignity, or tarnish the image of the country at international level. The Committee notes this explanation and reiterates that section 46 refers to vague notions that allow a broad range of interpretation, and which could be applied to activities in which individuals, without recourse to violence, express views or oppose the established order. Consequently, in order to be able to continue to evaluate the manner in which section 46 of Ordinance No. 06-01 of 27 February 2006 is interpreted and applied in practice, the Committee requests the Government to communicate information on the number of legal proceedings initiated on this basis, the nature of the sanctions imposed and the acts that gave rise to the convictions.