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

Other comments on C087

Observation

Direct Request

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The Committee notes the information communicated by the Government in response to the 2020 observations of the General and Autonomous Confederation of Workers in Algeria (CGATA) and of the National Autonomous Union of Public Administration Personnel (SNAPAP), supported by the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) and Public Services International (PSI). The Committee notes that the Government provides no response regarding the closure of the CGATA headquarters in Algiers and refutes the allegations of persecution of around a hundred trade unionists. The government states that: (i) Mr Maaza Belkacem and Ms Lalia Djaddour were convicted for reasons unconnected to the exercise of their trade union rights; and (ii) no legal action was engaged against Mr Kaddour Chouicha, Coordinator of the Higher Education Teachers’ Union (SESS). With regard to the observations of September 2020, from the Trade Union Confederation of Productive Workers (COSYFOP), supported by the international trade union organizations (UITA, ISP and IndustriALL Global Union), the Committee notes that the Government restricts itself to contesting the legality of the COSYFOP general assembly, on the grounds that Mr Mellal Raouf did not have the authority to convene it, and does not respond to the allegations of judicial harassment against the other COSYFOP leaders, or with regard to the closure of the headquarters of the union. The Committee requests the Government to provide information on the overall situation of the COSYFOP leaders mentioned by COSYFOP in its communication of 30 September 2020. Recalling the right of organizations to be able to dispose of all their fixed and moveable assets unhindered, and that they should enjoy inviolability of their premises, as corollaries of the exercise of their trade union rights, the Committee urges the Government to indicate the reasons for the closure of the COSYFOP headquarters and that of the CGATA.

The Committee also notes the observations of the CGATA, dated 24 March 2021, according to which the Joint Council of the Civil Service and the National Arbitration Commission are not composed of real SNAPAP representatives, but of persons coming from a “clone” organization, established with the support of the Government. In this regard, the Committee notes the Government’s reply, dated 27 April 2021, which essentially denies the alleged facts. The Government states that the trade union organizations freely appointed their representatives within these instances and recalls that if the SNAPAP has had an internal leadership dispute in its past, there is today only one, single SNAPAP, represented by its Secretary-General, Mr Felfoul Belkacem, and that this is confirmed by various SNAPAP congresses, the latest of which dates to January 2016. The Committee also notes the observations of the CGATA, dated 2 May 2021, denouncing the continued persecution of Mr Kaddour Chouicha, Coordinator of the SESS, persecution which is also directed against members of his family. Finally, the Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2022, which concern legal issues already examined by the Committee and which point to continuing, serious violations of the Convention in practice. In particular, the ITUC denounces: (i) the arrest by the gendarmerie on 19 February 2022 of Mr Faleh Hammoudi, member of the SNAPAP office and President of the Algerian League for the Defence of Human Rights (LADDH), and his sentencing under urgent proceedings by the court of the first instance in Tlemcen to three years’ imprisonment and a fine; and (ii) the arrest and arbitrary detention of Mr Mourad Ghedia, Chairperson of the SNAPAP/CGATA in April 2021. The ITUC states that following a major international campaign, Mr Ghedia was released after two months and ten days of detention. The Committee notes that, in its response of 27 October 2022 to the abovementioned allegations, the Government states that Mr Faleh Hammoudi was judged by a sovereign court and that “in light of the evidence examined in this case [Mr Hammoudi] can neither conceal nor deny his membership of a terrorist group the actions of which are directed at undermining the democratic character of Algerian society by illegal means.” The Government adds that it is up to Mr Hammoudi to appeal the decision. With regard to Mr Mourad Ghedia, the Government declares that it will provide its comments once it has received the information from the administration concerned. In view of the gravity of the facts alleged, the Committee wishes to recall that the right of trade unions to freely carry out their activities is an essential element of trade union rights and that measures taken against trade union leaders or trade unionists to restrict this freedom implies a serious risk of interference in trade union activities and, where the restrictions are based on trade union grounds, they constitute a violation of freedom of association. Under these circumstances, it is for the Government to guarantee at all times that defenders of trade union rights may be able to carry out their activities without fear of retaliation and without restriction. The Committee urges the Government to provide its comments in response to the above observations and to communicate all information related to the above-mentioned legal procedures.

Legislative issues

The Committee notes the adoption of Act No. 22-06 of 25 April 2022, amending and supplementing Act No. 90-14 of 2 June 1990 on the exercise of the right to organize.

Article 2 of the Convention. Right to establish trade union organizations. The Committee notes with satisfaction that Act No. 22-06 of 25 April 2022 removes the nationality requirement provided under section 6 of Act No. 90-14, now allowing non-national employers and workers to form trade union organizations and, subject to three years’ residence and according to modalities established in the statutes, to become members of the executive board of a trade union (section 13 bis of Act No. 90-14). However, with reference to the observations from the ITUC, the Committee notes that the penalties for participating in an organization subject to dissolution have been increased (sections 60 and 61 of Act No. 90-14), which amounts to a risk of obstruction to the exercise of freedom of association, especially where the conditions for dissolution of the trade union are contested (see below, the situation of the Autonomous National Union of Electricity and Gas Workers (SNATEG)), given the recurrent complaints of “cloning” organisations and the allegations of closure of trade union headquarters mentioned above.

Article 5. Right to establish federations and confederations. The Committee notes with satisfaction that the new section 4 of Act No. 90-14 now allows trade union organizations to constitute federations, unions and confederations “whatever the occupation, branch and sector to which they belong”.

Article 3. Restrictions on access to trade union office. In its previous comments, the Committeerequested the Government to initiate without delay consultations with the social partners on measures to be taken to amend the requirements resulting from the application of section 2 of Act No. 90-14, so that trade union office in an enterprise or establishment is no longer restricted to persons employed by the enterprise or establishment in question, or to remove the requirement to belong to the occupation or to be an employee for at least a reasonable proportion of trade union officers. The Committee notes with regret that section 2 of Act No. 90-14 remains unchanged. The Committee recalls that it considers the requirement to belong to an enterprise or establishment in order to exercise trade union functions may infringe trade unions’ freedom to formulate their rules and to freely elect their representatives. It removes from unions the possibility to elect qualified persons (such as full-time trade union officials or retirees), and deprives them of the experience of certain leaders when there are insufficient numbers of qualified persons in their own ranks. Consequently, the Committee requests the Government to take the necessary measures to ensure that the legislation complies fully with the Convention, in conformity with the principles recalled above.

Registration of trade union organizations

The Committee notes the Government’s indication that the number of trade unions has increased from 117 in 2019 to 160 in 2022 and its assertion that this bears witness to the Government’s wish to deal with the pending registration files, and associating stakeholders in the regularisation process. In this regard, the Committee notes the Government’s indication that it used every available means of reaching out to the organizations awaiting registration, but to no avail. The Committee notes that the Government repeats the following information: (i) the CGATA file does not conform to the conditions set out in Act No. 90-14, in that it is not composed of any legally established union, as required by the law, which requires any confederation to be established by a group of legally registered or established unions; (ii) the file for the establishment of the Algerian Union of Employees of the Public Administration (SAFAP) is pending due to a dispute between the founding members, to be settled out of court or by decision; (iii) regarding the registration of the Confederation of Algerian Trade Unions (CSA), the Government is waiting for the members concerned to attend the competent service of the Ministry of Labour, to update their file in line with the amendments introduced following the adoption of the Act of 25 April 2022. The Committee notes the follow-up information provided by the Government and requests it to continue to provide updated information on the handling of files for the registration of trade unions.

Regarding the situation of the SNATEG, the observations of which reveal numerous obstacles to the freedom to organize its activities, the Committee recalls that the Committee on Freedom of Association, during its last examination of the case (392nd report, October 2020, case No. 3210), formulated recommendations to the Government, including (i) to conduct an independent investigation to determine the circumstances that led to the administrative decision to dissolve the SNATEG; and (ii) to review the decision to dissolve the SNATEG without delay. The Committee notes with regret that the Government limits itself to repeating that it has provided all information relative to the voluntary dissolution of the SNATEG, including the minutes of the bailiff who noted the voluntary dissolution. The Government underscores that it cannot overrule the will of the members of the trade union to dissolve their trade union. The Committee is concerned at the absence of progress in this matter, and once again requests the Government to take the necessary measures to give effect to the recommendations of the Committee on Freedom of Association.

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