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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 12, 13 and 15 of the Convention. Application of the Convention. The Committee notes with regret that the Government’s report of 2008 is almost identical to the one which was sent in 2007, that it contains no reply to the Committee’s comments despite its repeated requests over a number of years and that the Government still does not appear to have taken the necessary steps to adopt the legislative text concerning ports and dockers pursuant to Act No. 88-07 as planned. However, the Committee notes the Government’s efforts to improve the situation relating to occupational safety and health by ratifying the Occupational Safety and Health Convention, 1981 (No. 155). It notes that this Convention applies to all branches of economic activity, including dock enterprises and dockworkers, and that it therefore constitutes a general context for the application of Convention No. 32. However, the Government continues to be bound by its obligation to adopt specific legislative provisions giving full effect to the provisions of Convention No. 32. The Committee requests the Government once again to take the necessary steps in the very near future to give full effect, in law and in practice, to the provisions of the present Convention, particularly Articles 12, 13 and 15, and to send copies of all relevant legislative texts once they have been adopted.

Part V of the report form. Application in practice. Article 17(2). Labour inspection. The Committee notes the lack of information concerning the application in practice of the Convention. With specific reference to the provisions of Article 17(2) of the Convention, the Committee requests the Government to send its general observations on the manner in which the Convention is applied, including, for example, extracts of the reports of the inspection services, up‑to‑date statistical information on the number of inspection visits carried out, the number of infringements reported and also the number, nature and causes of accidents recorded, etc.

The Committee takes this opportunity to remind the Government that the ILO Governing Body invited the States parties to Convention No. 32 to envisage ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which revises Convention No. 32 (GB.268/LILS/5(Rev.1), paragraphs 99–101). Ratification of Convention No. 152 would entail ipso jure the immediate denunciation of Convention No. 32. The Committee would also like to draw the Government’s attention to the code of practice recently adopted by the ILO entitled Safety and health in ports (Geneva, 2005), which is available, inter alia, on the ILO website: www.ilo.org/public/english/protection/safework/cops/english/
index.htm. The Government is requested to keep the Office informed of all progress made in this field.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Articles 12, 13 and 15 of the Convention. Application of the Convention. The Committee notes with regret that the Government’s report of 2008 is almost identical to the one which was sent in 2007, that it contains no reply to the Committee’s comments despite its repeated requests over a number of years and that the Government still does not appear to have taken the necessary steps to adopt the legislative text concerning ports and dockers pursuant to Act No. 88-07 as planned. However, the Committee notes the Government’s efforts to improve the situation relating to occupational safety and health by ratifying the Occupational Safety and Health Convention, 1981 (No. 155). It notes that this Convention applies to all branches of economic activity, including dock enterprises and dockworkers, and that it therefore constitutes a general context for the application of Convention No. 32. However, the Government continues to be bound by its obligation to adopt specific legislative provisions giving full effect to the provisions of Convention No. 32. The Committee requests the Government once again to take the necessary steps in the very near future to give full effect, in law and in practice, to the provisions of the present Convention, particularly Articles 12, 13 and 15, and to send copies of all relevant legislative texts once they have been adopted.

Part V of the report form. Application in practice. Article 17, paragraph 2. Labour inspection. The Committee notes the lack of information concerning the application in practice of the Convention. With specific reference to the provisions of Article 17, paragraph 2, of the Convention, the Committee requests the Government to send its general observations on the manner in which the Convention is applied, including, for example, extracts of the reports of the inspection services, up to date statistical information on the number of inspection visits carried out, the number of infringements reported and also the number, nature and causes of accidents recorded, etc.

The Committee takes this opportunity to remind the Government that the ILO Governing Body invited the States parties to Convention No. 32 to envisage ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which revises Convention No. 32 (GB.268/LILS/5(Rev.1), paragraphs 99–101). Ratification of Convention No. 152 would entail ipso jure the immediate denunciation of Convention No. 32. The Committee would
also like to draw the Government’s attention to the code of practice recently adopted by the ILO entitled Safety and health in ports (Geneva, 2005),
which is available, inter alia, on the ILO web site: www.ilo.org/public/english/protection/safework/cops/english/index.htm. The Government is requested to keep the Office informed of all progress made in this field.

[The Government is asked to reply in detail to the present comments in 2010.]

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1. The Committee notes the information in the Government’s report and the replies to its comments. It also takes note of “documents 1 and 2” issued by the Ministry of Transport and appended to the Inter-Ministerial Order of 5 November 1989 which set forth supervisory procedures pursuant to section 2 of the Order.

2. Articles 12, 13 and 15 of the Convention. Application of the Convention. With reference to its previous comments, the Committee notes the Government’s information that Act No. 88-07 of 26 January 1988 does not refer to special regulations on accident prevention for dockers. The Government further indicates that there are no general occupational safety and health regulations applying to all workers whatever their branch or sector of activity. The Committee would point out that the general regulations referred to by the Government establish a general framework for the prevention of occupational risks, but contain no specific provisions applying to dockers that ensure application of the Convention. In addition, section 45(2) of the abovementioned Act provides that special provisions for certain sectors of activity and certain work processes shall be established in regulations. Furthermore, the Government has indicated several times in previous reports that according to Act No. 88-07 a legislative text on ports and docks is indeed to be developed, but that this text is still under consideration in accordance with guidelines and time limits set by the Government”. Consequently, the Committee urges the Government to take the necessary steps in the very near future to give full effect to the provisions of the Convention.

3. The Committee would remind the Government of the Governing Body’s invitation to States parties to Convention No. 32 to envisage ratifying the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which revises Convention No. 32 (document GB.268/LILS/5(Rev.1), paragraphs 99-101). Ratification of Convention No. 152 would ipso jure involve the denunciation of Convention No. 32. It would also like to draw the Government’s attention to the code of practice recently adopted by the ILO entitled Safety and health in ports (Geneva, 2005), which is available, inter alia, at the ILO web site: http://www.ilo.org/public/english/protection/safework/cops/
english/index.htm . The Government is asked to keep the Committee informed of any progress in this area.

[The Government is asked to reply in detail to the present comments in 2008.]

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1. The Committee notes the information contained in the Government’s report, including some information supplied in reply to its comments regarding, inter alia, Article 9 of the Convention. The Committee also notes Executive Decree No. 05-102 of 26 March 2005 laying down the special regime of labour relations for seafarers in maritime transport, merchant and fishing vessels.

2. Articles 12, 13 and 15 of the Convention. Application of the Convention. With reference to the comments it has been making for several years, the Committee regrets to note once again, that the Government’s report still contains no information concerning the adoption of implementing regulations covering ports and docks, in application of Act No. 88-07 of 26 January 1988 in the general framework for the prevention of occupational risks laid down by this Act. The Committee recalls that a long period has passed since ratification of this Convention and can only express the hope that the Government will take the necessary measures in the very near future to give full effect to the provisions of the Convention.

3. Article 17. Inspection. The Committee notes the reference to Inter-Ministerial Order of 5 November 1989 and to the sample ship/land control sheet used by the ARZEW port company set out in this Order. Further to the comments it has been making since 1994, the Committee once again requests the Government to supply copies of documents 1 and 2 issued by the Ministry of Transport and attached to the Inter-Ministerial Order of 5 November 1989 which, according to section 2 of that Order, lay down the control procedure.

[The Government is requested to reply in detail to the present comments in 2007.]

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The Committee notes the summary information provided by the Government in response to its comments. It takes note of Executive Decree No. 93-120 of 15 May 1993 to organize occupational medicine, Executive Decree No. 96-209 of 5 June 1996 establishing the composition, organization and working of the National Council on Occupational Health, Safety and Medicine, which, according to the Government, give effect to the provisions of the Convention. While noting the importance of the abovementioned instruments, the Committee observes that they appear to have no direct impact on the application of the Convention. It likewise notes the provisions on occupational health, safety and medicine in the collective agreement establishing work relations in the Arziew dock company and in the regulations of the dock company of Algiers. It notes in particular that under article 168 of the collective agreement, employers are responsible for ensuring that premises are so designed and furnished as to ensure the workers’ safety. The Committee is nonetheless of the view that this provision is too general in nature to give proper effect to the provisions of the Convention.

Further to the comments it has been making for several years, the Committee notes with regret that the Government’s report still contains no information on the adoption of implementing regulations covering ports and docks, based on the general framework for the prevention of occupational risks established by Act No. 88-07 of 26 January 1988. The Committee emphasizes once again in this connection that the existence, referred to by the Government, of a classification of posts established in collective agreements that relate to cargo handling, does not meet the requirements set in the Convention. Consequently, the Committee can but express the hope that the Government will adopt without delay the regulations to give effect to the provisions of the Convention. It hopes that the regulations will contain a definition of "dockers" and "dock work", which, according to the Government, are not defined in the national legislation.

Article 17 of the Convention. Inspection. Further to its previous comments, the Committee once again requests the Government to provide a copy of "documents 1 and 2" issued by the Ministry of Transport and appended to the Interministerial Order of 5 November 1989 which set forth the supervisory procedure pursuant to article 2 of this Order.

In view of the time that has elapsed since the Convention was ratified, the Committee hopes that the Government will take the necessary steps in the near future to give full effect to the provisions of the Convention. It requests the Government to report on all progress made in this respect.

[The Government is asked to reply in detail to the present comments in 2005.]

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The Committee notes that the Government’s report does not reply to its previous comments. It must therefore repeat its previous observation which read as follows:

1. Further to the comments it has been making for several years, the Committee notes with regret that the Government’s report does not contain information concerning the adoption of implementing legislation covering ports and docks, based on the general framework for the prevention of occupational risks established by Act No. 88-07 of 26 January 1988. In its latest report, while acknowledging the absence of legislation and collective agreements covering this category of workers, the Government indicates there exists a category of posts established in collective agreements that relate to cargo handling, and that dockworkers have been regularized since 1974 and that their conditions are above those required by the Convention. The Committee has been encouraging the Government to adopt the long-promised specific texts of application for a number of years. It considers the absence, since 1975, of legal texts applying the provisions of a Convention ratified in 1962 to be a serious situation. The Committee notes that there is not even a reference to the promised texts in the Government’s last report. It trusts the Government will not fail to urgently finalize the adoption of the implementing legislation based on Act No. 88-07 of 26 January 1988, with a view to ensure full conformity with the provisions of the Convention.

2. Further to its previous comments, the Committee notes the Government’s report does not contain the requested copies of Executive Decree No. 93-120 of 15 May 1993 on the organization of occupational medicine and Executive Decree No. 96-209 of 5 June 1996 on the composition, organization and functioning of the national council on occupational safety and health, copies of provisions concerning safety and health contained in the collective agreement governing employment relations at the port enterprise, ARZEW, and in the internal regulations of the port enterprise of Algiers. The Committee would be grateful if the Government would supply copies of these documents with its next report.

3. In its previous comments, the Committee had noted the information that copies of the "documents 1 and 2" referred to in section 2 of the Inter-Ministerial Order of 5 November 1989 as establishing the supervisory procedure and as being attachments to the same Order, had been requested from the Ministry of Transport and that they were to be supplied to the Committee as soon as they were received. Please supply copies of these documents with the next report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to reply in detail to the present comment in 2003.]

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1. Further to the comments it has been making for several years, the Committee notes with regret that the Government’s report does not contain information concerning the adoption of implementing legislation covering ports and docks, based on the general framework for the prevention of occupational risks established by Act No. 88-07 of 26 January 1988. In its latest report, while acknowledging the absence of legislation and collective agreements covering this category of workers, the Government indicates there exists a category of posts established in collective agreements that relate to cargo handling, and that dockworkers have been regularized since 1974 and that their conditions are above those required by the Convention. The Committee has been encouraging the Government to adopt the long-promised specific texts of application for a number of years. It considers the absence, since 1975, of legal texts applying the provisions of a Convention ratified in 1962 to be a serious situation. The Committee notes that there is not even a reference to the promised texts in the Government’s last report. It trusts the Government will not fail to urgently finalize the adoption of the implementing legislation based on Act No. 88-07 of 26 January 1988, with a view to ensure full conformity with the provisions of the Convention.

2. Further to its previous comments, the Committee notes the Government’s report does not contain the requested copies of Executive Decree No. 93-120 of 15 May 1993 on the organization of occupational medicine and Executive Decree No. 96-209 of 5 June 1996 on the composition, organization and functioning of the national council on occupational safety and health, copies of provisions concerning safety and health contained in the collective agreement governing employment relations at the port enterprise, ARZEW, and in the internal regulations of the port enterprise of Algiers. The Committee would be grateful if the Government would supply copies of these documents with its next report.

3. In its previous comments, the Committee had noted the information that copies of the "documents 1 and 2" referred to in section 2 of the Inter-Ministerial Order of 5 November 1989 as establishing the supervisory procedure and as being attachments to the same Order, had been requested from the Ministry of Transport and that they were to be supplied to the Committee as soon as they were received. Please supply copies of these documents with the next report.

[The Government is asked to report in detail in 2002.]

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The Committee notes the Government's reply to its previous comments.

1. Further to its previous comments, the Committee notes the information that the specific text covering ports and docks, based on the general framework for the prevention of occupational risks established by Act No. 88-07 of 26 January 1988, has not yet been adopted. The Government indicates that this specific text will be adopted only after the Order on Commercial Ports in general, which is currently under examination, is proclaimed. The Committee trusts the Government will take all the necessary measures to adopt, without undue delay, the necessary provisions on the protection of dockworkers against accidents, ensuring the application of the provisions of the Convention, and that a copy of the adopted text will be supplied in the near future.

2. Further to its previous comments, the Committee notes the texts of Executive Decree No. 93-120 of 15 May 1993 on the organization of occupational medicine and Executive Decree No. 96-209 of 5 June 1996 on the composition, organization and functioning of the national council on occupational safety and health. In addition, the Committee notes the Government's statement that it had enclosed copies of provisions concerning safety and health contained in the collective agreement governing employment relations at the port enterprise, ARZEW, and in the internal regulations of the port enterprise of Algiers. As the Office has not received these documents, the Committee would be grateful if the Government would supply copies of these documents with its next report.

3. Further to its previous comments, the Committee notes the information that copies of the "documents 1 and 2" referred to in section 2 of the Inter-Ministerial Order of 5 November 1989 as establishing the supervisory procedure and as attachments to the same Order, have been requested from the Ministry of Transport and will be supplied as soon as they are received.

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation on the following points:

1. In its previous comments, the Committee noted that Act No. 88-07 of 26 January 1988 respecting occupational health, safety and medicine established the general framework for the prevention of occupational risks, but does not contain specific provisions applicable to dock work which give effect to the Convention. The Committee has noted the Government's statement in its report that a specific text covering ports and docks is provided for under Act No. 88-07, and that this text continues to be examined according to the guidance and the time-limits set by the Government. The Committee hopes that the necessary provisions to give effect to the Convention will be adopted and that the Government will be able to supply the adopted text in the near future, or at least information on the guidance given and the time-limits established in that respect. 2. The Committee notes from the Government's report, that internal regulations and collective agreements applying to port enterprises establish the necessary hygiene and safety requirements for the health of workers and that a joint occupational health and safety commission is set up in each unit to establish the health and safety rules. The Committee requests the Government to supply samples of the various texts referred to which relate to occupational health and safety in the enterprises concerned in the various ports of the country. The Committee notes the text of the Inter-Ministerial Order of 5 November 1989 respecting the procedure for supervising the processes of loading and unloading hazardous goods (Article 12), which was supplied by the Government with its report. It notes that under the terms of section 2 of the Order, the supervisory procedure "is established in documents 1 and 2 attached to the text of the present Order". The Committee requests the Government to supply copies of these documents.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes the Government's report for the period ending 30 June 1992.

1. In its previous comments, the Committee noted that Act No. 88-07 of 26 January 1988 respecting occupational health, safety and medicine established the general framework for the prevention of occupational risks, but does not contain specific provisions applicable to dock work which give effect to the Convention. The Committee notes the Government's statement in its report that a specific text covering ports and docks is provided for under Act No. 88-07, and that this text continues to be examined according to the guidance and the time-limits set by the Government. The Committee hopes that the necessary provisions to give effect to the Convention will be adopted and that the Government will be able to supply the adopted text in the near future, or at least information on the guidance given and the time-limits established in that respect.

2. The Committee notes from the Government's report, that internal regulations and collective agreements applying to port enterprises establish the necessary hygiene and safety requirements for the health of workers and that a joint occupational health and safety commission is set up in each unit to establish the health and safety rules. The Committee requests the Government to supply samples of the various texts referred to which relate to occupational health and safety in the enterprises concerned in the various ports of the country.

The Committee notes the text of the Inter-Ministerial Order of 5 November 1989 respecting the procedure for supervising the processes of loading and unloading hazardous goods (Article 12), which was supplied by the Government with its report. It notes that under the terms of section 2 of the Order, the supervisory procedure "is established in documents 1 and 2 attached to the text of the present Order". The Committee requests the Government to supply copies of these documents.

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. In the comments it has been making for several years, the Committee has referred to the absence from national law of provisions to give effect to the Convention. The Committee noted that a model statute concerning dockers was to be prepared pursuant to Act No. 78/12 of 5 August 1978. In its latest report, the Government indicated that it has not lost sight of the need for, and urgency of, implementing the specific texts provided for in the Health and Safety Enabling Act and that the emphasis was being laid on the preparation and adoption of the technical texts. The Committee hopes that the Government will adopt as soon as possible the necessary measures to ensure compliance with the Convention and that it will report on the progress made in that respect. 2. The Committee noted from the Government's report the adoption of several texts of regulations which were enumerated in the report; it asks the Government to supply with its report a copy of the Interministerial Order of 5 November 1989 concerning procedure for supervising the processes of loading and unloading dangerous goods.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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1. In the comments it has been making for several years, the Committee has referred to the absence from national law of provisions to give effect to the Convention. The Committee noted that a model statute concerning dockers was to be prepared pursuant to Act No. 78/12 of 5 August 1978.

In its latest report, the Government indicates that it has not lost sight of the need for, and urgency of, implementing the specific texts provided for in the Health and Safety Enabling Act and that at present the emphasis is being laid on the preparation and adoption of the technical texts.

The Committee hopes that the Government will adopt as soon as possible the necessary measures to ensure compliance with the Convention and that it will report on the progress made in that respect.

2. The Committee notes from the Government's report the adoption of several texts of regulations which are enumerated in the report; it asks the Government to supply with the next report a copy of the Interministerial Order of 5 November 1989 concerning procedure for supervising the processes of loading and unloading dangerous goods.

[The Government is asked to report in detail for the period ending 3 June 1992.]

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The Committee notes with interest the adoption of Act No. 88-07 of 26 January 1988 respecting occupational medicine, health and safety. It notes that this Act, which applies to all workers, is intended to establish the general framework for the prevention of occupational risks, but that it does not contain specific provisions that are applicable to port work and which apply the Convention.

In this connection, the Committee notes that, in its report, the Government reiterates its previous statements that texts applying the above Act will strengthen health and safety measures in port work. In view of the fact that the absence of a text to give effect to the Convention has been the subject of its comments for some years, the Committee trusts that the necessary texts to apply the Act will be adopted in the near future and that the Government will supply copies of them.