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Migration for Employment Convention (Revised), 1949 (No. 97) - Algeria (RATIFICATION: 1962)

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Migration flows. The Committee notes the situation report on Algeria published by the International Organization for Migration (IOM), according to which, over recent years, many migrants from sub-Saharan countries have turned to Algeria as a destination or transit country on their migratory journey. Each week, high numbers of migrants of different nationalities (mainly from Western Africa) cross over into in Algeria. Most arrive in Algerian territory through the 1,500-kilometre border with Mali and Niger. The Committee also notes that according to IOM’s estimations, 17,554 migrants were registered between 2020 and 2022. The Committee also notes the concluding observations of the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), that Algeria “[…] as a country of origin of migrant workers, has made progress in protecting the rights of its nationals working abroad. The Committee also notes, however, that, as a country of transit and destination, the State party faces a number of significant challenges in terms of protecting the rights of migrant workers and members of their families in its territory” (CMW/C/DZA/CO/2, 25 May 2018, paragraph 3). The Committee requests the Government to provide statistics on the migration flows of migrant workers in a regular or irregular situation, if possible disaggregated by sex and nationality, as well as statistics on the number of Algerian men and women workers abroad.

Article 1 of the Convention. National law and policy. The Committee once again requests the Government to provide information on the progress made in the implementation of a national coordination mechanism for, inter alia, the adoption of a national migration policy and on the content of any policy adopted or envisaged in this respect.

Article 3. Measures to combat misleading propaganda. The Committee notes the Government’s indication in its report that the employment services provide migrant workers, and enterprises wishing to hire foreign workers, with appropriate information on the foreigners’ residence, procedures for issuing work permits, conclusion of employment contracts, qualifications required, working conditions, remuneration, social security, the transfer of savings and the wage deductions for social security. Information, awareness-raising and advice for migrant workers is provided daily through meetings with such workers, telephone exchanges, replies to correspondence or further to workplace inspections. The Government also indicates that the management of migrant workers employment falls to the employment department of the wilaya, which provides a free service, in accordance with Executive Decree No. 02-50 of 21 January 2002, establishing the rules for the organization and operation of the employment services of the wilaya. While noting these measures, the Committee wishes to draw the Government’s attention to the fact that Article 3 of the Convention also foresees that the State will take all appropriate steps against misleading propaganda regarding emigration and immigration, such as measures to combat stereotypes that caricature migrants and misleading information from unscrupulous persons who may have an interest in encouraging migration in all its forms, by spreading false information on the chances of finding work in the host country and on the working and living conditions. Given the vulnerability of migrants to this form of abuse, it is essential that States adopt measures to combat such conduct (see General Survey of 1999 on migrant workers, paragraphs 217 and 262). Recognizing the key role played by the dissemination of regularly updated official information, the Committee requests the Government to provide information on measures taken: (i) to combat misleading propaganda regarding immigration and emigration among the population in general, including through public awareness-raising programmes to combat negative stereotypes of migrant workers; (ii) to disseminate accurate information or any other free assistance to Algerian nationals seeking employment abroad; and (iii) in cooperation with other States, to prevent and combat misleading propaganda in accordance with Article 3(2) of the Convention.

Article 6. Equality of treatment. The Committee takes due note of Act No. 22-06 of 25 April 2022 amending and supplementing Act No. 90-14 of 2 June 1990 concerning the exercise of the right to organize. It notes in particular that new section 13 bis provides that “foreign workers” can form trade union organizations and participate in the management and/or administrative boards of the trade union, subject to three years’ residence. The Committee notes that race, religion and nationality are not included among the grounds for discrimination prohibited under Act No. 90-11 of 21 April 1990 on labour relations. The Committee notes that in its concluding observations, the CMW recommends that the Government “prevent[s] racial discrimination against migrant workers, especially those from sub-Saharan countries, in the sphere of employment, including by strengthening inspections of their working conditions and prosecuting employers for economic exploitation” (CMW/C/DZA/CO/2, paragraph 30(b)). The Committee requests the Government to provide information on: (i) the measures taken or envisaged to prevent and eliminate all discrimination on grounds of nationality, race, religion or sex against migrants working lawfully within its territory, in the areas listed in Article 6(1)(a)–(d) of the Convention; and (ii) all reported cases of discrimination handled by the labour inspection services, the department of labour or the courts, indicating the penalties imposed and remedies granted.

Women migrant domestic workers. The Committee notes that section 4 of Act No. 90-11 of 21 April 1990 on labour relations, as amended, excludes domestic workers from its scope of application. These workers are covered by Executive Decree No. 97-474 of 8 December 1997 establishing the specific labour relations regime for domestic workers. In this regard, the Committee notes that, in its concluding observations, the CMW recommends that the Government “ensure[s] that all migrant workers, particularly migrant women employed as domestic workers, have access to effective mechanisms for filing complaints against persons who exploit them and violate their rights and that such workers are duly informed of the available procedures for ensuring that perpetrators are punished and that victims obtain redress” (CMW/C/DZA/CO/2, paragraph 34(b)). In this respect, the Committee also refers the Government to the comment it made in 2021 under the application of the Forced Labour Convention, 1930 (No. 29). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that women migrant domestic workers are treated no less favourably than national workers with regard to the matters listed in Article 6 of the Convention (such as remuneration, accommodation, membership of trade unions, social security, and legal proceedings).

Article 8. Maintenance of residence in the event of incapacity for work. With regard to cases in which a residence permit may be withdrawn, under Act No. 08-11 on the conditions of entry, residence and movement of foreign nationals in Algeria, the Government indicates that in addition to the conditions provided for in section 22, the withdrawal of residence and expulsion of foreign nationals from the territory of Algeria can be decided by order of the Ministry of the Interior in the following cases: (1) where the administrative authorities consider that their presence in Algeria constitutes a threat to public order and/or State security; (2) where they have been liable to a final court ruling or decision involving a penalty of deprivation of liberty for a crime or offence; or (3) where they have not left Algerian territory within the time limit set in accordance with Article 22(1) and (2) of the Convention. The Committee requests the Government to specify whether migrant workers’ residency permits may be withdrawn in cases of permanent or temporary incapacity for work due to a disease or accident that occurred following their arrival, where they are no longer able to ensure a stable and sufficient personal income.

Annex I. Private recruitment agencies. The Committee notes the Government’s indication that the regulation in force prohibits accredited private employment placement agencies from proceeding without prior authorization from the employment administration for the placement of Algerian nationals seeking jobs abroad and the foreign workforce (section 2 of Executive Decree No. 07-123 of 24 April 2007 determining the terms and conditions for granting and withdrawing accreditation to private employment placement agencies, and setting out the model terms of reference on the exercise of the public employment placement services). The Committee takes due note of this information.

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Migration flows. The Committee notes the Government’s indication in its report that foreign workers are predominantly employed in foreign firms in the oil, construction and telecommunications sectors and that they are of Chinese, Egyptian, French, Tunisian or Syrian nationality. However it notes that the Government has provided no statistical data on this subject. The Committee notes the data provided by the Government in its March 2015 report, under article 19 of the ILO Constitution, on the instruments on migrant workers. It notes the Government’s indication that the number of migrant workers varies according to the skills gaps on the national labour market and only represents 0.86 per cent of the total labour force (there were 62,976 foreign workers in the country – 60,755 men and 2,221 women – at the end of December 2014). The Committee asks the Government to provide the statistical information compiled by the office responsible for the management of the migrant workforce, disaggregated by sex, on the number, nationality and geographical and occupational distribution of migrant workers in Algeria, together with statistics on the number of Algerian men and women workers abroad.

Article 1(a) of the Convention. National law and policy. The Committee notes the Government’s indication that it is examining the possibility of establishing a national coordination mechanism to: (i) formulate a coherent national policy on migration; (ii) collect and disseminate data on migration issues; and (iii) contribute to the reinforcement of bilateral, regional and international cooperation on migration and the exchange of reliable information. The Committee asks the Government to provide information on the progress made in the implementation of a national coordination mechanism for, inter alia, the adoption of a national migration policy and on the content of any policy adopted or envisaged in this respect. The Committee also notes that, according to the Government’s report, Act No. 08-11 on the conditions of entry, residence and movement of foreign nationals in Algeria has not been amended. In its previous comments, the Committee requested the Government to specify the cases in which a residence permit may be withdrawn pursuant to section 22 of this Act. In the absence of a reply on this point, the Committee reiterates its request for information and requests the Government to provide examples of cases in which a residence permit has been withdrawn, with an indication of whether the withdrawal was related to the occupation of the migrant worker.

Article 1(b). Working and living conditions of migrant workers. In the absence of information on this subject in the Government’s report, the Committee once again requests the Government to provide detailed information on the working and living conditions of migrant workers, including any extracts from relevant reports.

Articles 3 and 4. Provision of accurate information to migrant workers and measures to combat misleading propaganda. The Government indicates that the current system for the management of the foreign workforce protects migrant workers through the requirement placed on employers to obtain the prior agreement in principle from the central employment services, the issuing of a provisional work permit to allow the foreign worker to obtain a work visa and the detailed examination of the employment contract and the commitment to repatriate the worker when the contract ends. The Committee also notes that the employment contracts of foreign workers are subject to inspection by the labour inspectorate, in the same way as those of national workers. While noting these general conditions, the Committee wishes to draw attention to the importance of adopting practical measures or mechanisms to combat misleading propaganda which is liable to place migrant workers in a situation of increased vulnerability, such as telephone advice lines or dedicated email addresses for advice on safe recruitment, websites on the risks of unregulated employment or on rights, awareness-raising and information campaigns about fraudulent offers of employment, the provision of information through (sometimes multilingual) brochures, the organization of workshops for migrants on how to avoid fraudulent practices, the dissemination of information through the media, and the establishment of information centres. The Committee also notes that the Government’s report does not contain information in reply to its request for information regarding Algerian nationals who seek employment abroad. The Committee requests the Government to indicate whether, in addition to the legal obligations regarding the employment of migrant workers, practical measures have been taken or are envisaged to assist migrant workers, provide them with accurate information and combat misleading propaganda regarding immigration and emigration. It also once again requests the Government to provide information on the measures taken to disseminate accurate information or any other free assistance to Algerian nationals seeking employment abroad, with an indication of the type of services and information provided and the activities of the Advisory Council for the National Community Abroad for the benefit of Algerian migrant workers.

Article 6. Equality of treatment. The Committee notes that the Government refers once again to the principle of non-discrimination set forth in Act No. 90-11 of 21 April 1990 on labour relations and reiterates that migrant workers have the right of access to all social systems: health care, schools (free access), rented accommodation, and sport and leisure facilities and infrastructure. However, the Committee recalls that race, religion and nationality are not included among the grounds for discrimination prohibited under section 17 of Act No. 90-11. In the absence of a reply on this point, the Committee once again requests the Government to provide information specifically indicating how it ensures in practice that migrant workers enjoy, without discrimination on grounds of nationality, race, religion or sex, treatment no less favourable than that enjoyed by nationals, in the areas listed in Article 6(1)(a)–(d) of the Convention. The Government is also once again requested to supply information on the results of the action taken by the labour inspectorate and other authorities responsible for enforcing the legislation on the terms and conditions of work, membership of trade unions, housing, social security, taxes and access to the justice system for migrant workers, and to supply extracts of inspection reports or any studies into these issues.

Annex I. Private recruitment agencies. The Committee notes with regret that the report does not contain information on this subject. Consequently, the Committee once again requests the Government to provide information on the recruitment, placement and working conditions of migrant workers. It also requests the Government to provide information on any measures taken or envisaged to regulate the activities of private agencies so as to protect migrant workers from abuse or ill-treatment. The Committee requests the Government to indicate whether any cases of abuse have been observed or reported, specifying the penalties imposed.

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The Committee notes that the Government’s report contains no reply to its previous comments and requests the Government to provide detailed information on the points below.

Migration flows. The Committee requests the Government to provide the statistical information compiled by the Job Preservation and Labour Movements Service, disaggregated by sex, showing the number, nationality and geographical and occupational distribution of migrant workers in Algeria, together with statistics of the number of male and female Algerian workers abroad. It also asks the Government to provide information showing how current migration flow trends are affecting the content and application of its policy and national legislation regarding emigration and immigration.

Article 1(a) of the Convention. Legislation. The Committee notes the adoption of Act No. 08-11 of 25 June 2008 on the requirements for the entry, residence and movement of foreigners in Algeria, which repeals the provisions of Ordinance No. 66-211 of 21 July 1966 on the status of foreigners in Algeria. The Committee requests the Government to provide information on the effect given to Act No. 08-11 in practice and to provide copies of any implementing texts. Please specify the instances in which the residence permit may be withdrawn pursuant to section 22 of Act No. 08-11.

Article 1(b). The Committee requests the Government to provide detailed information on the working and living conditions of migrant workers, including any relevant extracts from reports.

Articles 2 and 3. Providing migrant workers with accurate information and measures against misleading propaganda. The Committee notes the Government’s indication that migrant workers’ employment is managed free of charge by the Employment Directorate and its services in each Wilaya and that its main functions are the promotion and regulation of employment. While noting the information provided by the Government on the general functions of the Wilaya employment directorates and their services, established by Executive Decree No. 02-50 of 21 January 2002, the Committee asks the Government to provide specific information on the type of assistance and services provided free of charge to migrant workers by the Wilaya employment services. It also asks the Government to provide specific information on the following points:

(i) the measures taken to provide accurate information or any other free assistance to Algerians seeking employment abroad, specifying the type of services and information supplied;
(ii) the measures taken to prevent the circulation of false information to Algerians leaving the country and to prevent the dissemination of false information to foreigners wishing to enter the country, including negative stereotyping of foreigners and misleading information distributed by recruitment agencies and other intermediaries and by potential employers;
(iii) details of how the Advisory Council for the National Community Abroad operates, specifying the activities it undertakes for Algerian migrant workers.

Article 6. Equal treatment. The Committee notes that the Government refers to the principle of non-discrimination set forth in Act No. 90-11 of 21 April 1990 on labour relations. The Government also indicates that in law, foreign workers have the same benefits as nationals as regards physical and moral integrity, dignity, protection from all discrimination in recruitment, regularly paid remuneration, social benefits and all advantages arising specifically out of the work contract. The Committee recalls that Article 6(1) of the Convention prohibits unequal treatment that might arise out of the law and practice of administrative authorities in a number of areas; migrant workers must accordingly be given treatment that is equivalent in its effects to that enjoyed by nationals. Furthermore, when the matters covered by Article 6(1)(a)–(d) are regulated by national legislation, the State has a duty to ensure that the legislation is applied, in particular through the labour inspection services or other supervisory authorities (see General Survey on migrant workers, 1999 , paragraph 371). The Committee once again draws the Government’s attention to the fact that race, religion and nationality are not included among the grounds of discrimination prohibited by section 17 of Act No. 90-11. It further notes that in its concluding observations, the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) expressed concern that migrant workers cannot benefit from social housing, which is reserved for Algerian nationals (CMW/C/DZA/CO/1, 19 May 2010, paragraphs 30–31). The Committee requests the Government to provide information specifying how it ensures that migrant workers enjoy, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that applied to nationals, in the areas listed in Article 6(1)(a)–(d), both in law and practice, including with regard to social housing. The Government is also asked to supply information on the results of the measures taken by the labour inspectorate and other authorities responsible for enforcing the legislation on the terms and conditions of work, membership of trade unions, housing, social security, taxes and access to the justice system of migrant workers, and to supply extracts of inspection reports or any studies on these matters.

Annex I of the Convention. Private recruitment agencies. In the absence of any information on this point, the Committee again requests the Government to provide particulars of the activities involved in the recruitment, placement and working conditions of migrant workers. Please also provide information on any measures taken or envisaged to regulate the activities of private agencies so as to protect migrant workers from abuse or ill-treatment. Please also indicate whether any cases of abuse have been observed or reported, specifying the penalties applied.

[The Government is asked to reply in detail to the present comments in 2015.]

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition
Article 6(1) of the Convention. Equality of treatment. With reference to its previous comments on the implementation of the Government’s policy on equal treatment of foreign and national workers, the Committee notes the Government’s statement that the national legislation does not contain any discrimination between foreign and nationals workers. The Committee notes the provisions concerning non-discrimination in Act No. 90-11 of 21 April 1990 on Labour Relations and in Act No. 81-10 of 1981 concerning the terms of employment of foreign workers. It notes that sections 6(3) and 84 of the Labour Relations Act protect in a general manner all workers against discrimination, including with respect to remuneration. It also notes that, pursuant to section 17, provisions in collective agreements that discriminate between workers with regard to employment, remuneration and conditions of work based on age, sex, social or marital status, family ties, political beliefs, trade union affiliation are null and void. The Committee notes, however, that the Act does not include the grounds of race, religion or nationality. The Committee recalls that pursuant to Article 6(1) of the Convention, every State which has ratified the Convention undertakes to apply, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters enumerated in subparagraphs (a)–(d) of this Article. The Committee asks the Government to indicate the measures taken or envisaged to ensure that migrant workers are not discriminated against in law and in practice on the basis of race, religion or nationality with respect to matters enumerated in subparagraphs (a)–(d). The Committee also asks the Government to provide additional information on the practical effect given to its policy of equal treatment between national workers and migrant workers.
Annex I of the Convention. Private recruitment agencies. The Committee notes, from the information submitted by the Government in reply to the questionnaire prepared for the purpose of the general discussion on migrant workers at the International Labour Conference in 2004, that private recruitment agencies are allowed to operate in the country. The Committee would be grateful if the Government would indicate whether the growing role of private agencies in the international migration process is likely to have any repercussions on the application of Annex I which deals with recruitment, placement and conditions of labour of migrants. Please also include information on any measures taken or envisaged to regulate the activities of private agencies in order to protect migrant workers from any abuse and mistreatment. Please also specify the penalties that are applied in case of infringement.
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In its General Survey of 1999 on migrant workers (paragraphs 5–17), the Committee noted that the extent, direction and nature of international migration have changed significantly since the Convention was adopted. It accordingly requests the Government to provide copies of any new laws or regulations enacted, together with up to date information on its emigration and immigration policy. It would also be grateful if the Government would state how current trends in migration flows have influenced the content and implementation of its policy and its national laws and regulations on emigration and immigration.
With regard to the entry, residence and health protection requirements for foreign workers, the Committee notes that the Government states only that “foreign workers are governed by the provisions applied by the authorized sectors”. The Committee would be grateful if the Government would provide fuller information on the nature of the abovementioned provisions and sectors. Please also report on any new provisions governing the movement of migrant workers and their working and living conditions, in accordance with Article 1 of the Convention.
The Committee requests the Government to provide detailed information, in accordance with Part II of the report form, and to send any available statistics on new migration flows and on the number, nationality and geographical and occupational distribution of migrant workers in Algeria.

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1. Article 6(1) of the Convention. Equality of treatment. With reference to its previous comments on the implementation of the Government’s policy on equal treatment of foreign and national workers, the Committee notes the Government’s statement that the national legislation does not contain any discrimination between foreign and nationals workers. The Committee notes the provisions concerning non-discrimination in Act No. 90-11 of 21 April 1990 on Labour Relations and in Act No. 81-10 of 1981 concerning the terms of employment of foreign workers. It notes that sections 6(3) and 84 of the Labour Relations Act protect in a general manner all workers against discrimination, including with respect to remuneration. It also notes that, pursuant to section 17, provisions in collective agreements that discriminate between workers with regard to employment, remuneration and conditions of work based on age, sex, social or marital status, family ties, political beliefs, trade union affiliation are null and void. The Committee notes, however, that the Act does not include the grounds of race, religion or nationality. The Committee recalls that pursuant to Article 6(1) of the Convention, every State which has ratified the Convention undertakes to apply, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters enumerated in subparagraphs (a)–(d) of this Article. The Committee asks the Government to indicate the measures taken or envisaged to ensure that migrant workers are not discriminated against in law and in practice on the basis of race, religion or nationality with respect to matters enumerated in subparagraphs (a)–(d). The Committee also asks the Government to provide additional information on the practical effect given to its policy of equal treatment between national workers and migrant workers.

2. Annex I of the Convention. Private recruitment agencies. The Committee notes, from the information submitted by the Government in reply to the questionnaire prepared for the purpose of the general discussion on migrant workers at the International Labour Conference in 2004, that private recruitment agencies are allowed to operate in the country. The Committee would be grateful if the Government would indicate whether the growing role of private agencies in the international migration process is likely to have any repercussions on the application of Annex I which deals with recruitment, placement and conditions of labour of migrants. Please also include information on any measures taken or envisaged to regulate the activities of private agencies in order to protect migrant workers from any abuse and mistreatment. Please also specify the penalties that are applied in case of infringement.

3. The Committee notes that the Government’s report contains no reply to any of the other points raised in its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request which read in relevant parts as follows:

1. In its General Survey of 1999 on migrant workers (paragraphs 5–17), the Committee noted that the extent, direction and nature of international migration have changed significantly since the Convention was adopted. It accordingly requests the Government to provide copies of any new laws or regulations enacted, together with up to date information on its emigration and immigration policy. It would also be grateful if the Government would state how current trends in migration flows have influenced the content and implementation of its policy and its national laws and regulations on emigration and immigration.

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3. With regard to the entry, residence and health protection requirements for foreign workers, the Committee notes that the Government states only that “foreign workers are governed by the provisions applied by the authorized sectors”. The Committee would be grateful if the Government would provide fuller information on the nature of the abovementioned provisions and sectors. Please also report on any new provisions governing the movement of migrant workers and their working and living conditions, in accordance with Article 1 of the Convention.

4. The Committee requests the Government to provide detailed information, in accordance with Part II of the report form, and to send any available statistics on new migration flows and on the number, nationality and geographical and occupational distribution of migrant workers in Algeria.

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The Committee notes the information supplied by the Government in its report.

1. In its General Survey of 1999 on migrant workers (paragraphs 5 to 17), the Committee noted that the extent, direction and nature of international migration have changed significantly since the Convention was adopted. It accordingly requests the Government to provide copies of any new laws or regulations enacted, together with up-to-date information on its emigration and immigration policy. It would also be grateful if the Government would state how current trends in migration flows have influenced the content and implementation of its policy and its national laws and regulations on emigration and immigration.

2. Article 6, paragraph 1, of the Convention. The Committee takes note of the Government’s information on the labour law governing migrant workers. It would nonetheless appreciate more specific information on the implementation of the Government’s policy on equal treatment for foreign and national workers in all the fields covered by Article 6 of the Convention.

3. With regard to the entry, residence and health protection requirements for foreign workers, the Committee notes that the Government states only that "foreign workers are governed by the provisions applied by the authorized sectors". The Committee would be grateful if the Government would provide fuller information on the nature of the abovementioned provisions and sectors. Please also report on any new provisions governing the movement of migrant workers and their working and living conditions, in accordance with Article 1 of the Convention.

4. The Committee requests the Government to provide detailed information, in accordance with Part II of the report form, and to send any available statistics on new migration flows and on the number, nationality and geographical and occupational distribution of migrant workers in Algeria.

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

The Committee notes that no detailed report has been received since 1992 containing up-to-date information covering all the fields of the Convention. The Government refers to previous reports and briefly indicates that there has been no change in this respect. The Committee supposes that changes have occurred, at least in practice, since the date of the last detailed report and it would be grateful if the Government would provide a full report on the application of the Convention in law and practice, following the questionnaire in the relevant report form approved by the Governing Body.

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The Committee notes that no detailed report has been received since 1992 containing up-to-date information covering all the fields of the Convention. The Government refers to previous reports and briefly indicates that there has been no change in this respect. The Committee supposes that changes have occurred, at least in practice, since the date of the last detailed report and it would be grateful if the Government would provide a full report on the application of the Convention in law and practice, following the questionnaire in the relevant report form approved by the Governing Body.

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The Committee notes the Government's report on the application of the Convention. It would be grateful if in its next report the Government would provide the information requested under Point V of the report form along with all available statistics on the number, nationality and geographical and occupational distribution of migrant workers in Algeria.