Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Algeria (Ratification: 1969)

Article 1 of the Convention. Protection against discrimination. Legislation. Private sector workers. For many years, the Committee has been emphasizing that:(i) section 6 of Act No. 90-11 of 21 April 1990 on labour relations is of a very general nature as it provides that workers are entitled to “protection against all discrimination regarding the occupation of a post other than distinctions made on the basis of their ability and merit”; (ii) section 17 of that Act does not cover all of the grounds of discrimination in employment and occupation listed by the Convention, as it targets only discrimination “based on age, sex, social or marital status, family relations, political beliefs [and] membership or non-membership of a trade union”; and (iii) section 17 does not provide for penalties for discriminatory conduct by the employer or any other person toward a worker in all aspects of work and employment (recruitment, promotion, dismissal and so forth). It merely provides that “any provision in a collective agreement or employment contract that may generate discrimination of any kind among workers regarding employment, remuneration or working conditions” is null and void. The Committee notes with deep regret that no legislative amendment of these provisions has been introduced to date. Emphasizing once again the importance of establishing a comprehensive protection mechanism for private sector workers against discrimination in employment and occupation, the Committee urges the Government to take all necessary measures, in cooperation with the workers’ and employers’ organizations, to ensure that: (i) sections 6 and 17 of Act No. 90-11 of 21 April 1990 explicitly prohibit all forms of direct or indirect discrimination, on at least all of the grounds listed in Article 1(1)(a) of the Convention, and all other grounds specified pursuant to Article 1(1)(b); and (ii) section 17 of the same Act prohibits discriminatory conduct by the employer or any other person toward a worker in all aspects of work and employment, including with regard to access to employment and the various occupations, promotions and dismissal.

Civil servants. For many years, the Committee has been emphasizing that section 27 of Ordinance No. 06-03 of 15 July 2006 issuing the General Conditions of Service of Civil Servants does not prohibit all of the grounds of discrimination listed in the Convention, as it provides only that “there must be no discrimination between civil servants on the basis of their opinions, sex, origin or any other personal or social circumstance”. It nevertheless notesthat, as indicated above, no legislative amendment has been introduced in this regard. Recalling the importance of implementing a comprehensive system to protect civil servants from discrimination in employment and occupation, the Committee once again urges the Government to take the necessary steps to ensure that section 27 of Ordinance No. 0603 of 15 July 2006 issuing the General Conditions of Service of Civil Servants explicitly prohibits all forms of direct or indirect discrimination, on at least all of the grounds listed in Article 1(1)(a) of the Convention and all other grounds specified pursuant to Article 1(1)(b)).

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes that Act No. 15-19 of 30 December 2015 introduced into the Criminal Code section 341 bis, under which “any person who abuses the authority conferred by his or her function or occupation, by giving orders to others, making threats, imposing constraints or by exerting pressure in order to obtain favours of a sexual nature, is considered to have committed the offence of sexual harassment and shall be punished by imprisonment of one to three years and a fine of 100,000 to 300,000 Algerian dinars. Anyone who harasses another person by any act, or words of a sexual nature or insinuation is also guilty of the offence stated in the previous clause and punishable by the same penalty”. The Committee recalls that criminal provisions are not completely adequate in discrimination cases because, inter alia, they do not always provide a remedy to the victim and are very unlikely to cover all forms of conduct that amount to sexual harassment. The Committee requests the Government to provide information on: (i) the number, nature and outcome of complaints filed on the basis of section 341 bis of the Criminal Code, and the penalties imposed; and (ii) the preventive and awareness-raising measures implemented, in cooperation with the employers’ and workers’ organizations, to combat sexual harassment in employment and occupation.

Articles 2 and 3. National policy. Equality of opportunity and treatment for men and women. For many years, the Committee has expressed serious concern regarding the low participation of women in the labour market and the persistence of strongly stereotyped attitudes with respect to the roles and responsibilities of women and men in society and in the family, both of which have a negative impact on women’s access to employment and training. The Committee notes that, according to the survey, “Activity, Employment and Unemployment” published by the Office for National Statistics (ONS) in May 2019, women’s activity rate remains quite low (17.3 per cent) and is still significantly lower than that of men (66.8 per cent). The same survey indicates that significant disparities can be noted with regard to sex, with 77.9 per cent of women in the workforce concentrated in the following sectors: health and social work (45.1 per cent), manufacturing industry (18.9 per cent), and public administration (13.9 per cent). The Committee also notes that the unemployment rate for women in 2019 was 20.4 per cent, while that for men was 9.1 per cent. Furthermore, it notes with concern that, according to the World Bank’s 2022 Algeria Economic Update, the number of women jobseekers who signed up with the National Employment Agency (ANEM) increased by 63 per cent in the first quarter of 2022. In this respect, the Committee emphasizes that, in its national report submitted to the universal periodic review (UPR) in September 2022, the Government states that measures taken to promote education and training for women have resulted in Algeria having one of the highest proportions of women graduates in the world at 48.5 per cent, thus ranking top in the 2018 United Nations Educational, Scientific and Cultural Organization (UNESCO) report. In this report, the Government also indicates that its action plan prioritizes measures to strengthen the economic integration of housewives and women living in rural areas (A/HRC/WG.6/41/DZA/1, paragraphs 106–107). The Committee requests the Government to provide detailed information on the measures taken or envisaged to: (i) implement the intersectoral programme to support the integration of rural women and housewives into the economy, referred to in the Government’s action plan for the implementation of the President’s programme of September 2021;(ii) combat the very high rate of unemployment for women compared with men; (iii) effectively combat vertical and horizontal occupational gender segregation, as well as gender bias and gender stereotypes concerning the vocational aspirations and capabilities of women and their suitability for certain jobs; and (iv) allow women and men workers to achieve a better balance between work and family responsibilities.

Article 5. Special protection measures. Work prohibited for women. For many years, the Committee has been drawing the Government’s attention to the need to review the provisions prohibiting night work for women, as well as those concerning the assignment of women to work that is dangerous, insalubrious or harmful to their health. It nevertheless notes with regret that no progress has been made in this regard. The Committee recalls that there has been a shift over time from a purely protective approach concerning the employment of women to one based on promoting genuine equality between men and women and eliminating discriminatory law and practice. The protection measures taken for women can be broadly divided into two categories: those aimed at protecting maternity in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society. This second category is contrary to the Convention and constitutes obstacles to the recruitment and employment of women (see the 2012 General Survey on the fundamental Conventions, paragraph 839). The Committee further recalls that it considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. Restrictions on women’s employment (“non-pregnant” and “non-nursing” women) are contrary to the principle of equality of opportunity and treatment for men and women, unless they are genuine protective measures put in place to protect their health. This protection must be determined on the basis of the results of a risk assessment showing that there are specific risks for women’s health and/or safety. Therefore, such restrictions, if any, have to be justified and based on scientific evidence and, when in place, have to be periodically reviewed in the light of technological developments and scientific progress to determine whether they are still necessary. The Committee further recalls that it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access the types of employment concerned on an equal footing with men (see 2012 General Survey on the fundamental Conventions, paragraph 840). The Committee also emphasizes the need to adopt measures and to put in place facilities to enable workers with family responsibilities, particularly women who continue to bear the unequal burden of family responsibilities, to reconcile work and family responsibilities. The Committee therefore urges the Government to take the necessary steps to ensure that the special protection measures for women are limited to what is strictly necessary for maternity protection and do not constitute obstacles to the access of women to employment and to the various occupations. It also once again invites the Government to consider the possibility of taking support measures aimed at, inter alia, improving safety and health protection for men and women, and the availability of adequate transport services and social services, to enable women to access all types of employment on an equal footing with men. The Committee requests the Government to provide information on all provisions adopted in this regard.

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