CMNT_TITLE

Forced Labour Convention, 1930 (No. 29) - Algeria (RATIFICATION: 1962)

Other comments on C029

Observation

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously noted the measures taken to strengthen the legislative and institutional framework against trafficking in persons, such as the inclusion in 2009 of provisions in the Criminal Code criminalizing trafficking in persons and providing for applicable prison sentences (section 303 bis(4) and (5)), and the establishment of the National Committee for the Prevention and Elimination of Trafficking in Persons, mandated with, inter alia, establishing a national policy and an action plan in the area of prevention and elimination of trafficking in persons and the protection of victims. The Committee requested the Government to provide information on the adoption of a national policy and action plan to combat trafficking in persons, on court decisions issued and on measures taken for the identification and protection of victims.

In its report, the Government indicates that a three-year programme for the implementation of the action plan to prevent and combat trafficking in persons 2019–2021, developed by the National Committee on Preventing and Combating Trafficking in Persons, was adopted. This three-year programme, which incorporates the main pillars of the National Committee’s action plan adopted in 2015, provides for the implementation of measures for the prevention of trafficking in persons; prosecution of perpetrators of trafficking; protection and assistance for victims; and establishment of partnerships and cooperation with a view to effectively combating trafficking in persons. The Government also indicates that the formalization of a national referral mechanism for victims of trafficking is under way, in order to harmonize referral and care for victims in the country.

In addition, the Government refers to a decision of the criminal tribunal of the Court of Justice of Ouargla dated 10 March 2019, sentencing the perpetrator (a foreign national) for the crime of trafficking in persons to three years’ imprisonment, two of which are suspended with a complete ban on entry into the country, pursuant to section 303 bis 4 of the Criminal Code. The Government also indicates in its report relating to the Worst Forms of Child Labour Convention, 1999 (No. 182) that several training activities have been implemented by the General Department of National Security for officials responsible for combating trafficking in persons, including investigators and police officers.

The Committee also notes that in its concluding observations of 2018, the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) expressed its concern at information received concerning Algerian nationals who have been victims of trafficking and forced labour in agriculture, construction and domestic work in countries in the region, and victims of domestic servitude in European countries, the United States of America and the Middle East. The CMW also expressed its concern at the inadequate application of the provisions of the Criminal Code on trafficking in persons (CMW/C/DZA/CO/2, para. 59). The Committee welcomes the measures taken to combat trafficking in persons and encourages the Government to continue its efforts, including building the capacities of the law enforcement bodies, to ensure that all cases of trafficking are investigated and prosecuted and that the perpetrators are effectively punished. The Committee further encourages the Government to continue its efforts in the area of referral and care of victims of trafficking, and requests it to provide information on the measures taken to identify and protect victims of trafficking, including through the national referral mechanism. In addition, the Committee requests the Government to provide information on the evaluation of the implementation of the objectives set out in the three-year programme 2019-2021, specifying in particular the results achieved, the difficulties identified and the measures envisaged to address them. It requests the Government to indicate whether the National Committee on Preventing and Combating Trafficking in Persons has formulated a new action plan and, if so, to provide a copy.

2. Vulnerable situation of migrant workers to the exaction of forced labour. The Committee notes that, under section 4 of Act No. 81-10 of 11 July 1981 concerning conditions of employment for foreign workers, the work permit or temporary work authorization entitles the beneficiary to carry out a specific salaried activity, valid for a determined period of time, with one and the same employer. The Committee notes that, as a result, migrant workers have a legal status that binds them to a particular employer. The Committee further notes that the CMW, in its concluding observations of 2018, remains concerned about the continuation and persistence of forced labour, in particular in the case of migrant workers, especially those in an irregular situation, who are often victims of forced labour, abuse and other forms of exploitation. The CMW also notes with concern the situation of migrant women in an irregular situation employed as domestic workers, who are vulnerable to economic and sexual exploitation. (CMW/C/DZA/CO/2, para. 33). Recalling the importance of taking effective measures to guarantee that the employment scheme for migrant workers does not risk placing those workers in a situation of increased vulnerability, the Committee requests the Government to provide information on measures taken or envisaged to protect migrant workers against abusive practices and working conditions that may resemble the exaction of forced labour. The Committee also requests the Government to provide information on actions developed to ensure migrant workers are familiar with their rights and can assert them in the event that they are victims of abusive practices.

3. Punishment of vagrancy. In its previous comments, the Committee noted that section 196 of the Criminal Code sets out that any person who, having no fixed abode or means of livelihood and ordinarily exercising no trade or occupation despite being fit for work, is unable to justify that he or she has sought work or has refused an offer of paid work shall be deemed guilty of vagrancy and shall be liable to imprisonment ranging from one to six months. The Committee noted in this regard that section 196 is not limited to punishment for activities that are unlawful or likely to disturb public order, but is tantamount to an indirect constraint to work, and it therefore requested the Government to limit the scope of this provision.

The Government indicates that convictions under section 196 of the Criminal Code are imposed when the accused does not justify having sought employment or when there is evidence of refusal of paid work. The Government states that vagrancy can be linked to the use of begging or other illegal activities as a means of subsistence.

The Committee thus notes that section 196 of the Criminal Code allows for punishment of the mere act of not justifying having sought work or of refusing paid work. The Committee recalls that provisions regarding vagrancy that are based on an unduly extensive definition of this notion risk being used to constrain individuals to work, which could create a situation comparable to that which prevails when the law imposes a general obligation to work. The Committee therefore requests the Government to take the necessary measures to repeal or amend section 196 of the Criminal Code, so as to limit the scope of application of this provision to persons who disturb public order or have acquired income through illegal activities. To this end, it requests the Government to provide information on any prosecutions or penalties imposed under section 196 of the Criminal Code.

4. Freedom of seafarers to leave their employment. The Committee previously noted that, pursuant to section 56 of Executive Decree No. 05-102 of 26 March 2005 establishing the conditions of employment of seafarers in merchant shipping and fisheries, the employment relationship may on no account be terminated outside the national territory. In addition, any seafarer wishing to terminate an employment relationship must inform the shipowner in writing, and the latter has 15 days following receipt of the letter to accept or refuse the resignation request (sections 53 and 55). The Committee therefore requested the Government to repeal or amend the provisions of section 56 of Executive Decree No. 05-102 of 26 March 2005 so that a seafarer can leave his or her employment after expiry of the statutory notice period even if he or she is outside the national territory.

The Government indicates that the provisions of section 56 of Executive Decree No. 05-102 of 26 March 2005 will be amended or repealed as part of the revision and alignment of the Decree with international standards, initiated by the Ministry of Transport. The Committee expresses the firm hope that the Government will take the necessary measures, as part of the revision of Executive Decree No. 05-102 of 26 March 2005, so as to enable a seafarer to leave his or her employment after expiry of the notice period if he or she is not on national territory at that time. It requests the Government to provide information on this matter and to transmit a copy of the revised Decree, once it has been adopted.

Article 2(2)(c). Prison labour. Hiring out of prison labour to private enterprises. The Committee previously noted that section 100(2) of Act No. 05-04 of 6 February 2005, issuing the Code on the organization of prisons and the social rehabilitation of prisoners, permits the hiring out of prison labour to private enterprises involved in the performance of work of public interest. It also noted the Government’s indication that, in practice, work done by a prisoner can only be on a voluntary basis and that no penalty whatsoever may be imposed on any prisoners who refuse to work for private enterprises. The Committee therefore requested the Government to ensure that, in accordance with the practice indicated, national legislation set forth the voluntary basis on which prisoners work for private enterprises.

The Government indicates that the working conditions in prisons are provided for in sections 160 (requirement of compliance with current labour and social protection legislation) and 162 (requirement of remuneration for all work) of Act No. 05-04 of 6 February 2005. The Government also refers to section 103 of that, which provides that requests for the hiring out of prison labour be addressed to the judge responsible for the execution of sentences and the Committee for the Execution of Sentences. The Committee takes due note of this information but notes that none of these provisions require the prisoner’s consent in the case of work performed within the framework of the hiring out of prison labour. The Committee recalls that, to be compatible with the Convention, prisoners working for private enterprises must have given their formal consent. This implies that the person concerned has given his or her formal, free and informed consent to the work and that conditions are in place approximating a free labour relationship, including with regard to wages, social security and occupational safety and health. The Committee therefore requests the Government to take the necessary measures so that, in conformity with the practice indicated, the legislation provides for the voluntary nature of prison labour performed by prisoners for private enterprises. The Committee also requests the Government to provide information on the number of prisoners who work for private enterprises within the framework of the hiring out of prison labour, and the guarantees given to them in practice.