Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Algeria (Ratification: 1962)

The Committee notes the comments made by the International Organisation of Employers (IOE) on the right to strike in a communication dated 29 August 2012 which are dealt with in the General Report of the Committee. The Committee also notes the Government’s reply to the observations of 31 July 2012 from the International Trade Union Confederation (ITUC) and the observations of 31 August 2012 from Education International (EI), the National Autonomous Union of Public Administration Staff (SNAPAP) and the National Autonomous Union of Secondary and Technical Education Teachers (SNAPEST), which refer to legislative issues already raised by the Committee and to violations of trade union rights in practice. However, the Committee observes that the Government has not sent any reply to certain allegations, especially those relating to acts of intimidation and threats, including death threats, towards trade union leaders and members. In this regard, the Committee recalls that the atmosphere of fear induced by threats to the life of trade unionists has inevitable repercussions on the exercise of trade union activities, and the exercise of these activities is possible only in a context of respect for basic human rights and in a climate free of violence, pressure and threats of any kind. The Committee requests the Government to send its comments on the abovementioned allegations.

Furthermore, the Committee, like the Committee on Freedom of Association (Case No. 2701, November 2012 session), notes with satisfaction the registration of the National Union of Vocational Training Workers (SNTFP), which had been awaiting approval since 2002.

Article 2 of the Convention. Right to establish trade union organizations. The Committee previously noted that section 6 of Act No. 90-14 of 2 June 1990 restricts the right to establish a trade union organization to persons who are Algerian by birth or who have had Algerian nationality for at least ten years. Recalling that the right to organize must be guaranteed to workers and employers without distinction whatsoever, with the possible exception of those categories specified in Article 9 of the Convention, and that foreign workers too must have the right to establish organizations, the Committee asked the Government to take the necessary steps to amend section 6 of Act No. 90-14 so as to grant all workers, without distinction as to nationality, the right to establish a trade union. The Committee notes that the Government reiterates in its report that the amendment requested by the Committee will be examined as part of the reform of the Labour Code. The Committee hopes that the announced legislative reform will occur in the near future and urges the Government to provide information on developments in this respect, especially regarding any amendment of section 6 of Act No. 90-14 securing to all workers, without distinction as to nationality, the right to form a trade union.

Articles 2 and 5. Right of workers to establish and join organizations of their own choosing without previous authorization and to establish federations and confederations. In its previous comments the Committee asked the Government to take specific measures to amend the legislative provisions that prevent workers’ organizations, irrespective of the sector to which they belong, from forming federations and confederations of their own choosing (sections 2 and 4 of Act No. 90-14). The Committee notes that the Government reiterates that the Committee’s request will be taken into account as part of the reform of the Labour Code. The Committee again urges the Government to report any developments regarding the amendment of section 4 of Act No. 90-14 so as to remove all obstacles preventing workers, regardless of the sector to which they belong, from establishing federations and confederations of their own choosing.

Article 3. Right of organizations to carry on their activities in full freedom and formulate their programmes. In its previous comments the Committee referred to section 43 of Act No. 90-02, under which strikes are forbidden not only in essential services the interruption of which may endanger the life, personal safety or health of the citizen, but also where the strike “is liable to give rise to a serious economic crisis”. Noting that the Government reiterates that the interpretation given to this section is similar to that of the Committee, which refers to “strikes which, by reason of their scope and duration, are liable to cause an acute national crisis”, the Committee requests the Government to give examples of specific cases in which recourse to strike action has been prohibited on the grounds of its possible effects.

Finally, the Committee previously commented on section 48 of Act No. 90 02, which empowers the minister or the competent authority, where the strike persists and mediation has failed, or where compelling economic or social needs require, to refer the dispute to the National Arbitration Commission after consulting the employers’ and workers’ representatives. The Committee notes the additional information provided by the Government in its report, especially with regard to the composition of the National Arbitration Commission (section 2 of Executive Decree No. 90-148 of 22 December 1990), which is a tripartite body containing equal numbers of representatives of the employers, the workers and the State and which is chaired by a magistrate. The Committee further notes the Government’s indication that only one dispute has been referred to the National Arbitration Commission since its establishment in 1990.