Allegations: The complainant organizations allege that the authorities are
interfering in the work of COSYFOP and hindering its trade union activities and have adopted
anti-union measures and committed judicial harassment towards members of the organization,
including through criminal sanctions by classifying certain trade union activities as
terrorism
- 48. The Committee last examined this case (submitted in 2022) at its May
2025 meeting, when it presented an interim report to the Governing Body [see 411th
Report, paras 93–149, approved by the Governing Body at its 354th Session (June 2025)].
- 49. The Government sent its observations in communications received by
the Office on 14 September 2025 and 12 April 2026.
- 50. Algeria has ratified the Freedom of Association and Protection of the
Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective
Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971
(No. 135).
A. Previous examination of the case
A. Previous examination of the case- 51. During its previous examination of the case, in May 2025, the
Committee made the following recommendations [see 411th Report, para. 149]:
- (a)
Noting the willingness of the representatives of the complainant organization who
are signatories to the complaint to engage unconditionally in dialogue with the
Government to follow up its recommendations, the Committee urges the Government to
engage in dialogue with these representatives so as to seek jointly to address the
difficulties they face in obtaining recognition of the umbrella organization and
registering it in accordance with the law in force and with the rights of workers to
form organizations of their choice without prior authorization and to join them, and
the right of organizations to elect their representatives freely, in compliance with
freedom of association. This dialogue should be initiated as soon as possible in
order to clarify the situation of the 26 trade union organizations that are
allegedly affiliated with the complainant organization. The Committee expects that
the Government will adopt immediately the necessary measures to allow the
representatives of the complainant in this case to have free access to a
headquarters for the organization and, while awaiting resolution of the matter of
its recognition or registration, to hold trade union meetings there. The Committee
requests the Government to keep it informed of the measures taken in that
regard.
- (b) The Committee requests the Government to continue to keep it
informed of legal decisions taken with regard to the trade union leaders cited in
the present case, particularly those who are subject to criminal proceedings, to
provide copies of those decisions and to provide a detailed indication of the
follow-up.
- (c) The Committee requests the Government to provide, as a matter
of urgency, its observations on the situation of the trade union leaders mentioned
in the complainant organization’s most recent communications dated 7 and 9 April
2025 (Mr Mammeri and Mr Bousnane).
- (d) The Committee urges the Government to
provide, as a matter of urgency, its observations on the reasons for the travel bans
imposed on the trade union leaders mentioned in this case (Mr Amine Felih, Mr Ramzi
Derder, Mr Hakim Mouhoubi, Mr Hakim Aghelis and Mr Abderrazak Mokrane) and to take
all necessary measures to lift these bans immediately if they are found to
constitute anti-union measures.
- (e) The Committee expects that the
Government will commit to ensuring that Mr Mellal, Mr Kouafi and Mr Kherroubi can
return to the country, if they so wish, to carry out their trade union activities in
an environment free of violence, pressure or threats. The Committee requests the
Government to keep it informed of any developments in this respect.
- (f) The
Committee is deeply concerned about the complainant organization’s allegations of an
increasingly repressive climate towards trade union leaders. It firmly urges the
Government to implement its recommendations without delay in order to ensure an
environment in which trade union rights are respected and guaranteed for all trade
union organizations, and workers are able to join the union of their choice, elect
their representatives and exercise their trade union rights without fear of
reprisals and intimidation.
B. The Government’s reply
B. The Government’s reply- 52. In its communications received by the Office on 14 September 2025 and
12 April 2026, the Government replies to some of the Committee’s recommendations.
- Change in leadership of COSYFOP and trade union premises
- 53. The Government refers to its previous observations and reiterates
that the Trade Union Confederation of Productive Workers (COSYFOP) was registered on 4
February 1991 as an organization composed of three trade unions: (i) the National
Union for the Railway Sector (SNSTF); (ii) the National Union for the
Ammonia/Fertilizer Sector (SNSAE); and (iii) the National Union for the Marketing and
Distribution of Petroleum Products Sector (SNSCDPP). The Government recalls that
founding members of COSYFOP have confirmed in a statement that the organization’s
activities were frozen in May 1994. They therefore accept no liability regarding the
current use of its name or acronym by third parties or regarding any claims submitted
by any person claiming to represent it. Under the principles of good faith and
legislation on the exercise of freedom of association, the Government cannot,
therefore, recognize COSYFOP’s alleged representatives, or entities purporting to be
affiliated with it.
- 54. In their communication of 10 April 2025, for reasons of their own,
the signatories refuse to allow any person or group to act on behalf of COSYFOP and
decline all responsibility for the use of the organization’s acronym. The statement is
signed by Mr Ben Ibrir Benzaid (former President of COSYFOP), Mr Omar Hammar, Mr Achour
Keddam, Mr Mohamed Louerrad, Mr Noureddine Hamideche, Mr Habib Halfaoui and Mr Slimane
Tidjani. For the Government, this statement leads to the conclusion that COSYFOP,
established in 1991, has not been active for three decades. Its name and visual identity
have recently been used without the authorization or participation of its founding
members, in clear violation of its statutes. In the absence of a general assembly
bringing together all its members, a statutory procedure for reactivation or the regular
appointment of its representatives, it is clear that the persons who lodged the
complaint with the Committee have no trade union legitimacy or representativeness within
COSYFOP.
- 55. With regard to the administrative closure of the COSYFOP
headquarters, the Government reiterates that the premises supposedly being used as the
trade union’s headquarters did not match the address indicated on the receipt issued on
submission of COSYFOP’s registration documents. No official document concerning a change
of address has been submitted by the organization’s legitimate leaders to the competent
administrative authority. The absence of such a document, in addition to the statement
by COSYFOP’s founders indicating that its activities have been frozen since 1994,
confirms that the organization does not undertake effective trade union activity.
- Anti-union measures against COSYFOP and its members
- 56. In response to the recommendation of the Committee urging the
Government to continue to provide information about the legal decisions taken with
regard to certain trade union leaders subject to criminal proceedings, the Government
provides the following information: (i) with regard to the case of Mr Hicham Khayat,
COSYFOP representative for the Blida wilaya, and Mr Abdeljebar Mustapha Bounouna,
member of the COSYFOP National Youth Committee and the National Federation of Informal
Economy Workers, the Government indicates that cassation appeals have been lodged by
the parties involved which currently remain pending before the Supreme Court; (ii)
concerning Mr Amine Felih, the Government states that he has been prosecuted and
sentenced by the courts in three different cases. The Government indicates that in the
first case, he was prosecuted in February 2022 for supporting acts of terrorism,
intentionally disseminating false news likely to undermine public order and causing
offence to the President of the Republic by electronic means. In July 2022 he was
sentenced by the Court of First Instance to a prison sentence and a fine, a ruling
that was upheld on appeal by the Blida Court in January 2023. The Government
highlights that Mr Felih was informed of the ruling and that no cassation appeal was
lodged. In the second case, the Government reports that Mr Felih was prosecuted for
intentionally disseminating and propagating malicious false news or information likely
to undermine public security and order. In April 2023 he was sentenced to imprisonment
and a fine, a ruling that was upheld by the Blida Court in June 2023, which reduced
the prison sentence to three months. The Government clarifies that no cassation appeal
has been lodged against that decision. Lastly, the Government indicates that in the
third case Mr Felih was subject to new prosecution for intentionally disseminating and
propagating false news to the public. In May 2025 the Boufarik Court sentenced him to
18 months’ imprisonment and a fine. The Government adds that following an appeal
lodged by Mr Felih, the case was sent to the Criminal Chamber of the Blida Court, with
a hearing scheduled for 14 October 2025.
- 57. With regard to the alleged intimidation against Mr Abdelmadjid Baby
Hakim Bousnane, allegedly the COSYFOP Secretary-General, the Government indicates that
his summons by the security services in the Batna wilaya formed part of a judicial
investigation into his alleged involvement in a terrorist organization. The Government
states that Mr Bousnane, employed by the SONELGAZ company as head of the accident
prevention and security unit, has several prior criminal convictions, including for
assault and battery. He is alleged to have demonstrated hostility towards State
institutions on many occasions and to maintain suspicious relationships with individuals
affiliated with a terrorist organization, publicly calling for the release of persons
linked to that organization. With regard to his trade union status, the Government
reiterates that the congress that allegedly elected him in March 2023 cannot be deemed
legitimate. That congress is alleged to have been organized by individuals who are not
part of the trade union, in violation of the COSYFOP statutes and without the
participation of legal representatives.
- 58. With regard to the allegations relating to Mr Ali Mammeri contained
in the complainant’s communications of April 2025, the Government indicates, firstly,
that the organization of which he claims to be president, the National Union of Civil
Servants in the Field of Culture and Art (SNFC), has no legal status and has never been
registered with the Ministry of Labour. According to information from his employer,
Mr Mammeri was transferred in March 2024 to a role supervising security staff, a
decision taken before his alleged trade union appointment in June 2024 and against which
he did not submit any complaint until he abandoned his post in March 2025. He was
subsequently suspended from his functions on 19 April 2025. With regard to the criminal
proceedings, while recalling the constitutional guarantees relating to the presumption
of innocence and the lawfulness of prosecutions, the Government highlights that
Mr Mammeri’s arrest and the judicial measures taken against him are wholly unrelated to
any trade union activity. Mr Mammeri was arrested on 19 March 2025 as part of a
preliminary inquiry into the use of electronic accounts to support acts of terrorism.
Those investigations established that he was allegedly in contact with individuals on
the list of terrorists and transmitting to them administrative documents linked to his
professional activities. He was therefore prosecuted for crimes related to supporting
acts of terrorism, sabotage and the dissemination of information and documents likely to
undermine public order. He was brought before the Public Prosecutor and placed in
pretrial detention on 27 March 2025. The Government states that his appeal was rejected
on 15 April 2025 and that the case remains under investigation. Lastly, the Government
rejects the allegations that Mr Mammeri has suffered violence and reprisals during his
time in detention, stating that such accusations are unfounded and seek to manipulate
opinion under the guise of freedom of association.
- 59. With regard to the complainants’ allegations that international
travel bans were imposed on several trade union representatives, the Government firstly
recalls that freedom of movement is a right guaranteed by the Constitution and that any
restriction of its exercise, including by means of an international travel ban, falls
within the exclusive competence of the judicial authorities. Such measures are adopted
in line with the Code of Criminal Procedure and are strictly linked to judicial
requirements or the existence of ongoing criminal proceedings. The Government provides
replies on the situations of the following trade union representatives: (i) concerning
the case of Mr Amine Felih, the Government, after verifying with the relevant
departments, states that no international travel ban against him has been imposed or
recorded; (ii) with regard to Mr Ramzi Derder, the Government indicates that an
international travel ban was imposed on him in April 2023, motivated by several criminal
proceedings for matters under ordinary law which had been launched prior to the
imposition of the international travel ban and owing to which Mr Derder must remain
available to the courts; (iii) the Government reports that Mr Hakim Mouhoubi was subject
to an arrest warrant and an international travel ban. He was given a prison sentence by
the court after being convicted of insulting the authorities and inciting an unarmed
gathering. The Government underlines that these convictions stem from acts punishable
under the Criminal Code and are unrelated to Mr Mouhoubi’s trade union activities; (iv)
regarding Mr Hakim Aghelis, the Government states that an international travel ban was
imposed on him in October 2022. That measure was justified by his previous criminal
convictions, as recorded in his criminal record, and by ongoing legal proceedings before
the competent courts; (v) lastly, the Government indicates that the international travel
ban imposed on Mr Abderrazak Mokrane was officially lifted on 10 October 2022. Since
that date he has enjoyed full freedom to travel abroad.
- 60. The Government reiterates that all of these measures are based on
court cases under ordinary law and cannot be interpreted as acts of intimidation or
harassment against trade union leaders by reason of their functions.
- 61. In response to the Committee’s recommendation urging it to commit to
ensuring that Mr Mellal, Mr Kouafi and Mr Kherroubi can return to the country to carry
out their trade union activities without pressure or threats, the Government reiterates
that no court or administrative measure against these individuals has been taken or
recorded to restrict their return to the national territory. The Government highlights
that these citizens’ ability to return depends exclusively on their own wishes and free
choice. It states that national legislation guarantees them the right to carry out trade
union activities immediately upon their return, on the same footing as all citizens, in
line with the laws and regulations in force. The Government reiterates that these
persons are not subject to any harassment and that the allegations suggesting a climate
of violence and pressure are entirely unfounded. The Government provides assurances that
the exercise of trade union rights by all citizens acting in accordance with the law is
protected by the national legal framework.
- 62. In its communication of April 2026, the Government confirms all the
information provided in its report of September 2025, as well as in its previous
correspondence on the case. The Government also brings new details to the Committee’s
attention, indicating that the persons that it alleges are posing as COSYFOP
representatives continue to undertake activities outside the legal framework. These
activities include establishing branches and trade union structures within different
workplaces. The Government highlights that these initiatives are being undertaken by
individuals without any professional links to the establishments concerned, which it
deems a patent violation of the legislative and regulatory provisions in force. Lastly,
the Government recalls that it has always endeavoured to provide a diligent response to
the requests of the ILO supervisory bodies. It reiterates its full willingness to
continue cooperating constructively with the Office as part of ongoing efforts to ensure
transparency, dialogue and mutual respect in order to close the present case.
C. The Committee’s conclusions
C. The Committee’s conclusions- 63. The Committee recalls that the present case concerns allegations that
the authorities are interfering in the work of the Trade Union Confederation of
Productive Workers (COSYFOP) and hindering its trade union activities, adopting
anti-union measures and engaging in judicial harassment towards members of the
organization, including through criminal sanctions by classifying certain trade union
activities as terrorism.
- 64. In its previous examination, the Committee noted with concern the
seriousness of the allegations and the high number of trade unionists supposedly
affected in the present case. It also recalled that the ILO supervisory bodies have been
monitoring for several years the difficulties encountered by independent trade unions,
including COSYFOP, in exercising their trade union rights and have repeatedly drawn the
Government’s attention to the legal and practical measures to be adopted to apply
Convention No. 87 fully.
- Change in leadership of COSYFOP
- 65. During its previous examination, the Committee took note of the
persistent differences in opinion between the complainant and the Government on the
compliance of the change to COSYFOP’s leadership body with the organization’s statutes
and existing legislation, noting that although the organization claimed to have
changed its leadership body legally with the agreement of its former leaders, the
Government maintained that the process was invalid. The Government relied, moreover,
on a statement produced in 2024 by some of the members who had founded the trade union
in 1990 that indicated that the union’s activities had been frozen since 1994. The
Committee, however, noted with concern that the administrative challenges and refusal
to treat requests for statutory compliance (including the denial since 2024 of the
details required to log into a government platform on representativeness) constituted
impediments to workers’ right to establish organizations of their own choosing and to
freely elect their representatives. The Committee considered that it was not its role
to express in the present case an opinion on the legal validity of the documents
produced by the Government, and it reiterated that the prolonged impasse was not
conducive to peaceful social dialogue and could endanger the fundamental principles of
freedom of association.
- 66. The Committee notes the Government’s repeated observations concerning
the freezing of COSYFOP’s activities since 1994 by virtue of the statement by the
founding members. Moreover, the Government uses administrative non-compliance to justify
the closure of the COSYFOP headquarters: the address used did not match the address
indicated on the receipt issued on submission of its registration documents, and no
change of address had been notified. In the authorities’ view, that failure, coupled
with the freezing of activities since 1994, confirms the absence of real trade union
activity by the organization. The Government therefore continues to contest the
legitimacy of the current COSYFOP leaders, whom it deems to be third parties, and
consequently refuses any administrative recognition of, or right to, trade union
premises.
- 67. The Committee notes with deep regret that the Government does not
report any specific initiative to resolve the matter of COSYFOP’s registration and
recognition and once again confines itself to noting a deadlock, without considering the
COSYFOP representatives’ willingness to engage unconditionally in dialogue to follow up
the recommendations of the ILO supervisory bodies, including the Committee’s
recommendations in the present case. This lack of any initiative by the authorities
presents a missed opportunity to use social dialogue to find a meaningful solution to
the dispute. The Committee therefore firmly urges the Government to adopt a proactive
approach by engaging without delay in discussions with the representatives of the
complainant organization so as to seek jointly to address the difficulties they face in
obtaining recognition of the umbrella organization and registering it in accordance with
the law in force and with the rights of workers to form the organizations of their
choice without prior authorization and to join them, and the right of organizations to
elect their representatives freely. This dialogue should be initiated as soon as
possible in order to clarify the situation of the 26 trade union organizations that are
allegedly affiliated with the complainant organization. The Committee requests the
Government and the complainant to keep it informed of progress in that regard.
- Closure of COSYFOP premises
- 68. Furthermore, the Committee recalls its previous conclusions
relating to the closure of the COSYFOP headquarters in 2020 by the administrative and
security authorities without any judicial decision. The Committee noted that the
change of address cited by the Government to justify that measure appeared in the 2018
statutes transmitted by the trade union which the administration refused to register.
The Committee therefore firmly reiterated its expectation that the Government would
take immediate measures to permit the complainant’s representatives to have free
access to their trade union headquarters and to hold meetings there, including while
awaiting a definitive resolution to the matter of the organization’s registration and
recognition. The Committee notes with deep regret that, in its reply, the Government
once again merely indicates that the premises supposedly used as the trade union’s
headquarters do not match the address indicated on the receipt issued on submission of
COSYFOP’s registration documents in 1991 and that no official document concerning a
change of address has been submitted by the organization’s legitimate leaders to the
administrative authority. In these circumstances, the Committee is bound to reiterate
that it expects that the Government will adopt immediately necessary measures to allow
the representatives of the complainant in this case to have free access to a
headquarters for the organization and, while awaiting the resolution of the matter of
its recognition or registration, to hold trade union meetings there. The Committee
requests the Government to keep it informed of the measures taken in that regard.
- Anti-union measures against COSYFOP and its members
- 69. The Committee recalls that, in the present case, it was called upon
to examine allegations of trade union discrimination targeting several leaders of
COSYFOP and its affiliates. It has previously observed that, although the Government
justifies the prosecutions and convictions by citing crimes under ordinary law
(disturbing public order, insulting the Head of State and supporting terrorism), those
measures nevertheless appear related to the expression of opinions in the exercise of
trade union mandates. While insisting on respect for the law, the Committee
highlighted that the use of criminal convictions to respond to legitimate opinions may
create a climate of intimidation that prejudices trade union rights. The Committee
therefore requests the Government to keep it informed of developments in the court
proceedings under way and to provide its observations concerning the new allegations
submitted by the complainants. The Committee notes the information received from the
Government in that regard.
- 70. With regard to its recommendation requesting the Government to
continue to provide information on the legal action taken with regard to certain trade
union leaders subject to criminal proceedings, the Committee takes note of the following
information: (i) regarding the situation of Mr Hicham Khayat, COSYFOP representative for
the Blida wilaya, and Mr Abdeljebar Mustapha Bounouna, member of the COSYFOP National
Youth Committee and the National Federation of Informal Economy Workers, the Government
indicates that cassation appeals were lodged by the parties involved and that those
appeals remain pending before the Supreme Court; (ii) concerning Mr Amine Felih,
founding member of the National Federation of Informal Economy Workers and COSYFOP
leader, the Government states that he has been prosecuted and sentenced by the courts in
three different cases. In the first case, he was prosecuted in February 2022 for
supporting acts of terrorism, intentionally disseminating false news and causing offence
to the President of the Republic by electronic means, which led to his sentencing to one
year’s imprisonment in July 2022, a sentence upheld on appeal by the Blida Court in
January 2023 and which became definitive in the absence of a cassation appeal. In the
second case, the Government reports that Mr Felih was sentenced in April 2023 to one
year’s imprisonment for disseminating false malicious news or information, reduced to
three months’ imprisonment by the Court of Appeal in June 2023, and no appeal was lodged
against that ruling. Lastly, in the third case, the Government indicates that Mr Felih
was again prosecuted for disseminating false news and sentenced by the Boufarik Court in
May 2025 to 18 months’ imprisonment and a fine. Following an appeal lodged by Mr Felih,
the case remains pending before the Criminal Chamber of the Blida Court, with a hearing
scheduled for 14 October 2025. The Committee requests the Government to keep it informed
of the outcome of the cassation appeals in the cases concerning Mr Hicham Khayat and
Mr Abdeljebar Mustapha Bounouna. With regard to Mr Amine Felih, the Committee requests
the Government to transmit copies of the definitive rulings handed down by the Blida
Court of Appeal in the first two cases, in order to allow for an examination in full
knowledge of the facts. Lastly, the Committee requests the Government to keep it
informed of the decision of the Blida Court of Appeal in the third case, in which a
hearing was scheduled for 14 October 2025, and to transmit a copy of that ruling.
- 71. The Committee previously requested the Government to provide its
observations on new allegations, dated April 2025, concerning two trade unionists:
Mr Abdelmadjid Hakim Bousnane, COSYFOP Secretary-General, and Mr Ali Mammeri, President
of the National Union of Civil Servants in the Field of Culture and Art (SNFC),
affiliated to COSYFOP. With regard to the situation of Mr Abdelmadjid Hakim Bousnane,
the Committee takes note of the information provided by the Government according to
which his summons by the security services allegedly did not constitute a measure of
trade union intimidation but formed part of a judicial investigation linked to his
suspected involvement in a terrorist organization. The Government also refers to his
criminal record of assault and battery under ordinary law, as well as his behaviour
deemed hostile to State institutions. Lastly, the Government contests Mr Bousnane’s
status as COSYFOP Secretary-General on the basis that the congress that elected him in
March 2023 was allegedly illegitimate and tainted by statutory violations.
- 72. Furthermore, the Committee takes note of the information provided by
the Government concerning the situation of Mr Ali Mammeri. According to the Government,
the SNFC has no legal status, and his suspension was the result of his abandonment of
his post and an administrative transfer that occurred prior to his trade union
appointment. With regard to the criminal proceedings, the Committee notes the
information that Mr Mammeri was placed in pretrial detention on 27 March 2025 owing to
crimes classified as supporting acts of terrorism, sabotage and transmitting
confidential documents to terrorist bodies. The investigation is allegedly under way,
and the Government rejects categorically the allegations that he has suffered violence
during his detention. Among the documents provided by the Government, the Committee
notes in particular the notification from the Oum El Bouaghi Public Prosecutor, dated 7
April 2025, confirming the launching of legal proceedings against Mr Mammeri. That
document indicates that he was subject to an investigation opened on 27 March 2025 into
serious charges, including supporting, encouraging and funding acts of terrorism, as
well as the electronic dissemination of documents with the aim of undermining public
order. Moreover, the Committee takes note of administrative decision No. 19 D.T.F. 2025
of 20 April 2025 through which the management of the culture and arts centre in the Oum
El Bouaghi wilaya suspended Mr Mammeri from his secretary post as an interim measure.
That measure, motivated by the official notification of the criminal proceedings
launched by the Public Prosecutor at the Oum El Bouaghi Court on 17 April 2025, was
applied retroactively from 19 March 2025. The Committee observes that during his
suspension, which was linked to the needs of the judicial investigation, Mr Mammeri
received only his family benefits, in line with the general public service regulations.
Lastly, the Committee notes that, according to publicly available information not
provided by the Government in its latest communications to the Committee, on 1 February
2026 the Oum El Bouaghi Court of Appeal upheld the sentence handed down to Mr Mammeri in
the court of first instance (a ruling of the Criminal Chamber of the Oum El Bouaghi
Court dated 25 October 2025), while reducing his sentence from 15 to 10 years’
imprisonment.
- 73. Noting the serious nature of the authorities’ accusations against
Mr Bousnane and Mr Mammeri, the Committee recalls that the arrest and detention of trade
unionists, even for reasons of internal security, may constitute a serious interference
with trade union rights unless attended by appropriate judicial safeguards [see
Compilation of decisions of the Committee on Freedom of Association, sixth edition,
2018, para. 136]. Recalling its previous conclusions, the Committee underlines that in
the absence of the documents and publications giving rise to the criminal convictions of
the trade union leaders, it is impossible to determine whether those measures represent
a violation of freedom of association. Nevertheless, the Committee considers it
appropriate to reiterate its previous observation that these convictions seem related to
the expression of opinions in the exercise of trade union mandates, even if the
Government disputes the existence of the trade unions in question. While emphasizing the
need to respect the law, the Committee believes that the authorities’ threatening to
press criminal charges in response to legitimate opinions of trade union representatives
may have an intimidating and detrimental effect on the exercise of trade union rights
[see Compilation, para. 237]. To allow it to give an opinion on the substance of these
matters in full knowledge of the facts, the Committee urges the Government to continue
to provide information on the definitive court rulings concerning the aforementioned
trade union leaders, as well as detailed information on the follow-up given to the
proceedings launched. In the case at hand, the Committee requests the Government to
transmit copies of the court rulings against Mr Bousnane and Mr Mammeri in order to
allow it to evaluate the charges in full knowledge of the facts, and to keep it informed
of any follow-up given, including any appeals lodged against the rulings in
question.
- 74. The Committee previously indicated its deep concern about the
allegations made by the complainant organization regarding a climate of widespread
repression in which trade union leaders were now banned from leaving the country. The
Committee requested the Government to provide information on the cases of those trade
unionists, all of whom are trade union leaders affiliated to COSYFOP. The Committee
takes note of the detailed observations provided by the Government and draws the
following distinctions between the individual situations according to whether the
restrictions and the legal grounds cited remain in place: (i) with regard to the cases
in which freedom of movement has been reestablished or is not challenged, the Committee
takes note of the information that no international travel ban has been imposed on
Mr Amine Felih. It also notes the Government’s indication that the measures imposed on
Mr Abderrazak Mokrane were lifted in October 2022, restoring his full freedom to travel
abroad; (ii) concerning the trade union leaders subject to restrictions relating to
ongoing court proceedings, namely Mr Ramzi Derder and Mr Hakim Aghelis, the Committee
notes that the Government justifies the ongoing imposition of international travel bans
by citing the need to keep those individuals available to the courts as part of criminal
prosecutions under ordinary law by virtue of the Code of Criminal Procedure. The
Committee observes that the ongoing imposition of international travel bans is justified
by the requirements of the pending investigations and expects the Government to ensure
that such measures are lifted as soon as possible upon conclusion of these
investigations in order to ensure that the trade unionists in question enjoy freedom of
movement, including to participate in trade union activities organized abroad. The
Committee requests the Government to keep it informed of the outcome of the
investigations and of the lifting of the international travel bans imposed on Mr Ramzi
Derder and Mr Hakim Aghelis; (iii) lastly, regarding the situation of Mr Hakim Mouhoubi,
the Committee notes the information that he was subject to an arrest warrant and an
international travel ban following his sentencing to imprisonment for insulting the
authorities and inciting an unarmed gathering. The Committee observes that although the
Government provides assurances that those facts are unrelated to trade union activity,
it is important to ensure that prosecutions for charges such as “insults” are not
intended, in reality, to sanction Mr Mouhoubi’s expression of grievances in the exercise
of his trade union mandate. Recalling its conclusions above, the Committee requests the
Government to provide a copy of the definitive ruling concerning Mr Mouhoubi to allow it
to evaluate the charges in full knowledge of the facts.
- 75. The Committee observed that the context of intimidation hindering
freedom of association had led trade unionists to resign their mandates and pushed some
into exile, including Mr Raouf Mellal (President of COSYFOP), Mr Abdelkader Kouafi
(Secretary-General of COSYFOP), Mr Nacer Hamitouche (COSYFOP representative for the
Algiers wilaya), Mr Hamza Kherroubi (former President of the National Union of
Personal-Care Workers (SNAS) and President of the Pharmaceutical Industry Workers’ Union
(STIP)) and Mr Mohamed Essalih Bensdira (President of the National Committee for the
Unemployed). In that regard, the Committee noted that COSYFOP had stated its readiness
to engage in dialogue with the Government in order to permit Mr Mellal, Mr Kouafi and
Mr Kherroubi to return to the country to exercise their mandates as trade union leaders.
The Committee notes the Government’s statement that no judicial or administrative
measure is hindering their return to the national territory, which depends exclusively
on their desire to do so. The Committee also notes the assurances given by the
Government that they will be able to exercise freely their trade union activities
immediately upon their return, in line with national legislation, and that the
allegations of harassment and pressure are unfounded. The Committee expects the
Government to ensure that Mr Mellal, Mr Kouafi and Mr Kherroubi can return to the
country to carry out their trade union activities in an environment free of violence,
pressure or threats. In the absence of any new allegation from the complainants on the
impossibility of returning to the country safely, the Committee will not pursue its
examination of this aspect of the complaint.
- 76. In conclusion, the Committee remains deeply concerned about the
allegations of repressive actions towards the trade union leaders of COSYFOP and its
affiliated organizations. The Committee strongly deplores the fact that, despite the
gravity of the situation, which it recalls on each examination, the Government has not
adopted any specific measure to follow up its previous recommendations calling on the
Government to engage in discussions with COSYFOP in order to find a way out of the
difference of opinion. The Committee highlights that such persistent inaction
deliberately keeps COSYFOP and its affiliated organizations in a situation of
unacceptable legal uncertainty, exposing them to systematic stigmatization as supposedly
illegal entities. The Committee recalls that legal certainty and official recognition
constitute fundamental demands of workers and their representatives, and it considers
that this harmful stalemate must be brought to an end. The Committee recalls the
complainant’s reiterated willingness to engage in dialogue unconditionally, and it urges
the Government to implement its recommendations without further delay in order to ensure
an environment in which trade union rights are fully respected and workers are able to
join the union of their choice, elect their representatives and exercise their trade
union rights without fear of reprisals and intimidation.
The Committee’s recommendations
The Committee’s recommendations- 77. In the light of its foregoing interim conclusions, the Committee
invites the Governing Body to approve the following recommendations:
- (a) The
Committee notes with deep regret that the Government does not report any specific
initiative to resolve the matter of COSYFOP’s registration and recognition and once
again confines itself to noting a deadlock, without considering the COSYFOP
representatives’ willingness to engage unconditionally in dialogue to follow up the
recommendations of the ILO supervisory bodies, including the Committee’s
recommendations in the present case. The Committee urges the Government to adopt a
proactive approach by engaging without delay in discussions with the representatives
of the complainant organization so as to seek jointly to address the difficulties
they face in obtaining recognition of the umbrella organization and registering it
in accordance with the law in force and with the rights of workers to form
organizations of their choice without prior authorization and to join them, and the
right of organizations to elect their representatives freely. This dialogue should
be initiated as soon as possible in order to clarify the situation of the 26 trade
union organizations that are allegedly affiliated with the complainant organization.
The Committee requests the Government and the complainant to keep it informed of
progress in that regard. Moreover, the Committee is bound to reiterate that it
expects that the Government will adopt immediately the necessary measures to allow
the representatives of the complainant in this case to have free access to a
headquarters for the organization and, while awaiting resolution of the matter of
its recognition or registration, to hold trade union meetings there. The Committee
requests the Government to keep it informed of the measures taken in that
regard.
- (b) The Committee requests the Government to keep it informed of the
outcome of the cassation appeals in the cases concerning Mr Hicham Khayat and
Mr Abdeljebar Mustapha Bounouna. With regard to Mr Amine Felih, the Committee
requests the Government to transmit copies of the definitive rulings handed down by
the Blida Court of Appeal in the first two cases, in order to allow for an
examination in full knowledge of the facts. Moreover, the Committee requests the
Government to keep it informed of the decision of the Blida Court of Appeal in the
third case, in which a hearing was scheduled for 14 October 2025, and to transmit a
copy of that ruling.
- (c) The Committee urges the Government to continue to
provide information on the definitive court rulings concerning Mr Bousnane,
Mr Mammeri and Mr Mouhoubi, as well as detailed information on the follow-up given
to the proceedings launched. In the case at hand, the Committee requests the
Government to transmit copies of the court rulings against them in order to allow it
to evaluate the charges in full knowledge of the facts, and to keep it informed of
any follow-up given, including any appeals lodged against the rulings in
question.
- (d) Observing that the ongoing imposition of international travel
bans is justified by the requirements of the pending investigations, the Committee
expects the Government to ensure that such measures are lifted as soon as possible
upon conclusion of these investigations, in order to ensure that the trade unionists
in question enjoy freedom of movement, including to participate in trade union
activities organized abroad. The Committee requests the Government to keep it
informed of the outcome of the investigations and of the lifting of the
international travel bans imposed on Mr Ramzi Derder and Mr Hakim
Aghelis.
- (e) The Committee expects the Government to ensure that Mr Mellal,
Mr Kouafi and Mr Kherroubi can return to the country to carry out their trade union
activities in an environment free of violence, pressure or threats. In the absence
of any new allegation from the complainants on the impossibility of returning to the
country safely, the Committee will not pursue its examination of this aspect of the
complaint.
- (f) The Committee remains deeply concerned about the allegations
of repressive actions towards the trade union leaders of COSYFOP and its affiliated
organizations. The Committee strongly deplores the fact that, despite the gravity of
the situation, which it recalls on each examination, the Government has not adopted
any specific measure to follow up its previous recommendations calling on the
Government to engage in discussions with COSYFOP in order to find a way out of the
difference of opinion. Recalling the complainant’s reiterated willingness to engage
in dialogue unconditionally, the Committee urges the Government to implement its
recommendations without further delay in order to ensure an environment in which
trade union rights are fully respected and workers are able to join the union of
their choice, elect their representatives and exercise their trade union rights
without fear of reprisals and intimidation.
