Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the observations of the International Organisation of Employers (IOE), received on 30 August 2017, which refer to the interventions of the Employer members during the discussion of the application of the Convention by Algeria in the Committee on the Application of Standards of the International Labour Conference at its last session in June 2017, as well as the conclusions adopted by the Conference Committee following the discussion. The Committee also notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2017, referring to legislative issues, most of which are already under examination by the Committee, and which denounce the persistent violations of the Convention in practice, particularly the reprisal measures by the employer following protest actions by the Autonomous National Union of Electricity and Gas Workers (SNATEGS) and police violence during demonstrations in the mining sector. The Committee notes the information provided by the Government in October 2017 in reply to the ITUC, both on certain legislative and practical issues. It notes in particular the reply concerning the dispute in the mining sector and observes that the SNATEGS presented a complaint to the Committee on Freedom of Association in April 2016 concerning serious violations of its trade union rights (Case No. 3210). In the light of the seriousness of the allegations and pending the examination of the case by the Committee on Freedom of Association, the Committee recalls that the ILO supervisory bodies have unceasingly stressed the interdependence between civil liberties and trade union rights, emphasizing that a truly free and independent trade union movement can only develop in a climate free from violence, pressure and threats of any kind against the leaders and members of such organizations (see General Survey on the fundamental Conventions, 2012, paragraph 59). The Committee expects that the Government will ensure respect of this principle.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017)

The Committee notes the discussion held in the Conference Committee in June 2017 concerning the application of the Convention by Algeria. The Committee notes that, in its conclusions, the Conference Committee requested the Government to: (i) ensure that the registration of trade unions in law and in practice conforms with the Convention; (ii) process pending applications for the registration of trade unions which have met the requirements set out by law and notify the Committee of Experts of the results in this regard; (iii) ensure that the new draft Labour Code is in compliance with the Convention; (iv) amend section 4 of Act. No. 90-14 in order to remove obstacles to the establishment by workers’ organizations of federations and confederations of their own choosing, irrespective of the sector to which they belong; (v) amend section 6 of Act No. 90-14 in order to recognize the right of all workers, without distinction on the basis of nationality, to establish trade unions; (vi) ensure that freedom of association can be exercised in a climate free of intimidation and without violence against workers, trade unions or employers; and (vii) reinstate employees of the Government, terminated based on anti-union discrimination. Lastly, emphasizing that the progress made in the application of the Convention remained unacceptably slow, the Conference Committee requested the Government to accept a direct contacts mission which should, as of the current year, report progress to the Committee of Experts. Noting that the direct contacts mission has not yet been conducted, the Committee notes the detailed information provided by the Government in October 2017 in response to the conclusions of the Conference Committee. While noting the information provided by the Government, the Committee hopes that the Government will accept in the near future the direct contacts mission to examine the measures taken and the progress achieved on issues relating to the application of the Convention.

Legislative issues

Amendment of the Act issuing the Labour Code. The Committee recalls that the Government has been referring, since 2011, to the process of reforming the Labour Code. In this regard, in its reply to the conclusions of the Conference Committee, the Government indicates that the latest version of the draft of the new Labour Code has been transmitted to the independent trade unions for their opinion, and to local government sector departments. Noting that the process has not yet been completed despite the passage of time, the Committee urges the Government to take all the necessary measures with a view to completing, without any further delay, the reform of the Labour Code. The Committee, in a request addressed directly to the Government, is making comments on the 2015 version of the draft text relating to the application of the Convention, which it expects the Government will take duly into account in the adoption of the requested amendments.

With regard to the other legislative issues raised in its previous comments, the Committee notes the absence of any tangible measure by the Government to implement the amendments requested since 2006. The Committee expects the Government to take all necessary measures in the near future to adopt the requested amendments to the following provisions.

Article 2 of the Convention. Right to establish trade union organizations. The Committee recalls that its comments focused on section 6 of Act No. 90-14 of 2 June 1990 on the exercise of the right to organize, which restricts the right to establish a trade union organization to persons who are originally of Algerian nationality or who acquired Algerian nationality at least ten years earlier. The Committee notes the Government’s indication that the required period during which Algerian nationality must have been held has been reduced to five years and that this provision is currently being discussed with the social partners. The Committee trusts that the current discussions will shortly lead to the revision of section 6 of Act No. 90-14 to remove the requirement of nationality and ensure that the right of all workers is recognized, without distinction of this kind, to establish trade unions. The Committee also refers the Government to its comments in its direct request in which it asks the Government to amend the provisions in the draft bill issuing the Labour Code on the same issue.

Article 5. Right to establish federations and confederations. The Committee recalls that its comments have related for many years to sections 2 and 4 of Act No. 90-14 which, read jointly, have the effect of restricting the establishment of federations and confederations in an occupation, branch or sector of activity. The Committee previously noted the Government’s indication that section 4 of the Act would be amended to include a definition of federations and confederations. In the absence of information on any new developments in this regard, the Committee expects that the Government will undertake, as soon as possible, the revision of section 4 of Act No. 90-14 in order to remove any obstacles to the establishment by workers’ organizations, irrespective of the sector to which they belong, of federations and confederations of their own choosing. The Committee also refers the Government to its comments in its direct request in which it asks the Government to amend the provisions of the draft bill issuing the Labour Code on the same issue.

Registration of trade unions in practice

The Committee recalls that its comments have related for several years to the issue of particularly long delays in the registration of trade unions and of the apparently unjustified refusal of the authorities for several years to register certain independent trade union organizations. The previous comments referred, in particular, to the situation of the General and Autonomous Confederation of Workers in Algeria (CGATA), the Autonomous Union of Attorneys in Algeria (SAAVA) and the Autonomous Algerian Union of Transport Workers (SAATT). Regarding the CGATA, the Government referred to the information provided by its representative to the Conference Committee that the organization had been invited, since 2015, to bring its fundamental texts into conformity with the law and that, up to now, the organization has not taken any measures to give effect to the request by the administration. The Committee notes that the Government has not provided the details requested on the nature of the amendments requested by the administration of the CGATA, nor any indication on the situation regarding the requests for registration of the SAAVA and the SAATT. The Committee urges the Government to guarantee the prompt registration of trade unions which have met the requirements set out by law and, if necessary, that the organizations in question are duly informed of the additional requirements that have to be met. Lastly, the Committee requests the Government to indicate as soon as possible any new developments concerning the registration process of the CGATA, the SAAVA and the SAATT.

The Committee is raising other matters in a request addressed directly to the Government.