Texts of pending comments

Article 3(1) of the Convention. Period during which night work is prohibited. In its previous comments, the Committee noted that section 28 of the Act No. 90-11 of 21 April 1990 concerning employment relationships (Employment Relationship Act) prohibits the employment of workers of either sex under 19 years of age in night work which means any work performed between 9 p.m. and 5 a.m. (section 27). The Committee further noted that the prohibition of night work for young persons under the Employment Relationship Act did not cover a period of at least 11 consecutive hours, including the interval between 10 p.m. and 5 a.m., as required by Article 3(1) of the Convention. The Government indicated that the Committee’s comments on that matter would be taken into account in the draft Labour Code under preparation.

The Committee notes the Government’s indication in its report that, to give full effect to the provisions of Article 3(1) of the Convention, section 45 of the draft Labour Code prohibits the employment of workers and apprentices of either sex under 18 years of age at night, which covers a period of 11 consecutive hours between 7 p.m. and 6 a.m. Noting that the Committee has been drawing the Government’s attention to the need to bring the national legislation into conformity with the Convention for many years, it firmly hopes that the draft Labour Code will be adopted in the near future and that its provisions will give full effect to Article 3(1) of the Convention. The Committee requests the Government to provide information on any progress made in this respect.

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.

Article 2(1) of the Convention. Civic service. For several years, the Committee has been noting the incompatibility with the Convention of sections 32, 33, 34 and 38 of Act No. 84-10 of 11 February 1984 concerning civic service, as amended in 1986 and 2006. Under the aforementioned provisions, it is possible to require persons who have completed a course of higher education or training in branches or specializations considered a priority for the economic and social development of the country to perform a period of civic service ranging from one to four years before being able to exercise an occupation or obtain employment. The Committee noted that currently the only category concerned is that of doctors specializing in public health. Civic service may also be performed in private sector health establishments (section 2 of Ordinance No. 06-06 of 15 July 2006).

The Committee noted the Government’s indication that civic service is a national and moral duty of specialized doctors vis-à-vis the population groups living in the regions of the far south, the south and the High Plateau. The Government also stated that the medical specialists concerned enjoyed an attractive system of compensation ranging from 100 to 150 per cent of their principal remuneration along with other advantages. Under Act No. 84-10 of 11 February 1984, any refusal to perform civic service and the resignation of the person concerned without a valid reason results in that person being banned from self-employment, from setting up business as a trader, artisan or promoter of private economic investment, any offence being punishable under section 243 of the Criminal Code (imprisonment of between three months and two years and/or a fine). In addition, private employers are required to ensure, prior to engaging any workers, that applicants are not subject to civic service or that they can produce documentation proving that they have completed it, and are liable to imprisonment and a fine if they knowingly employ a citizen who has evaded civic service. The Committee therefore urged the Government to take the necessary steps to repeal or amend Act No. 84-10 of 11 February 1984 in order to bring it into conformity with the Convention.

The Committee notes with regret that, once again, the Government has not provided any information on this matter in its report. The Committee recalls that Article 2(1) of the Convention defines “forced or compulsory labour” as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily”. Referring to the 2007 General Survey concerning the elimination of forced labour, the Committee specifies that the penalty in question might take the form of a loss of a right, such as access to new employment (paragraph 37). The Committee notes that the provisions contained in Act No. 84-10 of 11 February 1984 concerning civic service, require specialized doctors to perform their activity within a period of one to four years in remote regions, and punish any refusal with a penalty consisting of a ban against self-employment and private sector employment. Furthermore, as regards obligations of service in relation to training received, which sometimes apply to a narrow range of professions, in particular young doctors, dentists and pharmacists, who may be required to exercise their profession for a certain period in a post assigned to them by the authorities, the Committee has pointed out in this connection that, where such service obligations are enforced by the menace of any penalty, they may have a bearing on the observance of the forced labour Conventions (paragraphs 94 and 95). The Committee therefore urges the Government to take the necessary steps without delay to bring the legislation into conformity with the Convention by repealing or amending sections 32, 33, 34 and 38 of Act No. 84-10 of 11 February 1984 concerning civic service in order to remove the requirement of civic service and the penalties that correspond with a refusal to perform this service.

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 77 (industry) and 78 (non-industrial occupations) together.

Article 6 of Convention No. 77. Vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to work. In its previous comments, the Committee requested the Government to indicate measures taken for the physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work. The Committee notes the Government’s reference in its report to the Act No. 02-09 of May 8, 2002 concerning the protection and promotion of persons with disabilities, which aims, amongst others, to provide compulsory education and vocational training for children and young persons with disabilities (section 3(4)). Pursuant to section 16 of the Act No. 02-09 of May 8, 2002, vocational training for persons with disabilities is carried out free of charge in specialized establishments that can also provide accommodation and psychosocial support and medical treatment in coordination with parents of persons with disability and relevant bodies. The Committee further observes from the website of the Ministry of Vocational Training and Education of Algeria that persons with disabilities can be also provided with distance learning and apprenticeship programmes and that priority for accessing vocational training programmes is given to young persons with disabilities.

Articles 2(2) and 7(2)(a) of Convention No. 78. Children engaged either on their own account or on account of their parents. The Committee previously noted that children engaged on their own account or on account of their parents in itinerant trading or in any other occupation carried out in the streets or in public places were not subject to prior medical examination, owing to the fact that they are excluded from the scope of the Occupational Hygiene, Safety and Medicine Act (No. 88-07 of 26 January 1988) and its implementing regulations, including the Executive Decree concerning the organization of occupational medicine.

The Government indicates in its reply that labour inspectors carry out monitoring of the application of labour legislation relating to the protection of young persons. However, the Committee recalls that, pursuant to Article 7(2)(a) of the Convention, national laws or regulations shall determine the measures of identification to be adopted for ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents (for example, a requirement for the person concerned to be in possession of a document recording the medical examination). The Committee therefore once again requests the Government to take the necessary measures to ensure that measures of identification are adopted in national laws or regulations with a view to ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading, or in any other occupation carried on in the streets or in places to which the public have access.

The Committee notes the observations, received on 29 March 2021 of the General and Autonomous Confederation of Workers in Algeria (CGATA) on the application of the Convention, as well as the Government’s response.

Articles 1 and 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. The Committee recalls having noted, in its previous comments, the observations regularly provided by the national and international trade union organizations concerning acts of anti-union discrimination and interference against autonomous trade unions and their leaders. This issue is addressed regularly by the Committee on the Application of Standards of the International Labour Conference (hereinafter the Conference Committee) on the occasion of their discussion on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), which requested the Government to provide information on the situation of trade union leaders and members whose anti-union dismissal had been reported (the latest discussion being in June 2019). The Committee also recalls that several cases concerning harassment and dismissal of trade union leaders and members have been brought before the Committee on Freedom of Association mentioned in the observations of the trade union organizations. Lastly, the Committee recalled that the situation of the dismissed trade unionists and the cases of interference was the subject of the conclusions and recommendations of a high level mission that visited Algiers in May 2019, within the framework of the recommendations made by the Conference Committee.

In its previous comments, noting the observations provided between 2017 and 2019 by the International Trade Union Confederation (ITUC) and the Trade Union Confederation of Productive Workers (COSYFOP), the Committee noted with concern the allegations of anti-union discrimination and interference against COSYFOP and affiliated trade union organizations. The Committee recalls that the observations of COSYFOP alleged the following discrimination and interference measures: (i) harassment of Mr Raouf Mellal, the president of COSYFOP, who was regularly the subject of intimidation and abusive detention and was subjected to physical violence during his detention; (ii) the dismissal of leaders and members of the National Union of Workers of BATIMETAL-COSYFOP, who were only reinstated by the enterprise after they had left the union and the establishment of a union by anti-union interference; (iii) threats of dismissal and criminal prosecution against members of the Workers’ Union of the Commission for Electricity and Gas Regulation (STCREG); (iv) the dismissal of all the leaders of the National Union of the Higher Institute of Management and the refusal of the Labour Inspectorate to enforce the provisions for the protection of trade union representatives under the law; and (v) the circular of the Ministry of Labour inciting all the Social Solidarity Funds to dismiss all the members of the National Federation of Workers of the Social Security Funds, affiliated to COSYFOP, which led to the judicial harassment and dismissal of the president of the Federation, who had resigned from COSYFOP shortly after being reinstated in January 2020. Given the seriousness of these allegations, the Committee requested that the competent authorities conduct the necessary investigations into the alleged acts.

The Committee notes that, in response, the Government indicates that Mr Mellal and other alleged leaders of COSYFOP fraudulently use this registered trade union organization without having complied with the terms for renewing the board as required by law. The Government states that it asked the leaders in question to rectify the situation and informed the social security funds of this infringement. The Government recalls in general that trade union leaders are provided adequate protection through legal provisions, which are enforced by a labour inspection service. The Committee notes that the Government does not provide information in response to the specific allegations of discrimination and interference recalled above. The Committee urges the Government to provide its comments on the allegations of anti-union discrimination and interference against members of BATIMETAL-COSYFOP, STCREG, the National Union of the Higher Institute of Management and the National Federation of Workers of the Social Security Funds. The Committee also expects that, as required by the Convention, the Government ensures that the leaders and members of these trade union organizations are provided adequate protection against any acts of anti-union discrimination and interference by the employers and administrative authorities concerned.

In its previous comments, the Committee also noted that observations of the Autonomous National Union of Electricity and Gas Workers (SNATEG) denouncing the mass dismissal of its members by an enterprise in the energy sector and interference in the activities of the union. The Government provided information on the situation of the dismissed trade unionists, recently reporting measures for the reinstatement of most of the workers concerned, situations that are in the process of being resolved and dismissals that have been confirmed on the grounds of serious faults in the case of certain workers. The Committee notes that the Committee on Freedom of Association, which has been dealing with the complaint of SNATEG since 2016, once again issued an opinion on the merits of the case in November 2021. The Committee on Freedom of Association indicated in this regard that it had contradictory information on the issue of the dismissal of certain representatives of SNATEG, given reference to the different legal decisions of the complainant organization and the Government. The Committee notes with concern the conclusion of the Committee on Freedom of Association noting an especially large number of leaders and representatives of SNATEG who have been dismissed, in a context of conflict and harassment against them [see 393rd report, November 2021, case No. 3210]. The Committee requests the Government to indicate the measures taken to follow up on the recommendations of the Committee on Freedom of Association and in particular those requesting details on the situation of the leaders of SNATEG who have still not been reinstated.

Revision of the legislation. With regard to the need to provide adequate protection against acts of anti-union discrimination, the Committee previously noted the concerns expressed by the high level mission concerning delays in complying with court rulings ordering the reinstatement of trade union leaders, which have still not been given effect, and the excessive use of judicial action against trade unions and their members by certain enterprises and authorities. The Committee also noted that the high level mission identified difficulties in the application of Article 1 of the Convention to the founding members of unions. Under the current legislation and procedures, it would be possible for an employer to dismiss the founding members of a union during the period when it was applying for registration, which in practice can take several years, without the latter benefiting from the protection afforded by the legislation against anti-union discrimination. The Committee therefore requested the Government to take, in consultation with the social partners, the necessary measures to ensure adequate protection to trade union leaders and members during the registration period of the established trade union.

The Committee notes that the Government refers to a bill amending and supplementing Act No. 90-14, which will soon be examined by the National Popular Assembly. According to the Government, the proposed amendments are part of the implementation of the recommendations of the Conference Committee concerning sections 4, 6 and 56 of Act No. 90-14. This bill provides for: (i) the participation of trade unions in legal action as a civil party; (ii) the possibility for the labour inspector covering the relevant area to draw up a statement on refusal to comply with an order, containing the main points that they have been able to gather and which confirm that the dismissal or removal of a worker is linked to trade union activity; and (iii) the tightening of criminal penalties to ensure they are effective and dissuasive in cases of obstruction to the exercise of trade union rights and a breach of the protection of trade union representatives.

According to the Government, this bill has been the subject of broad consultation with the social partners, as well as with the Office. The Government also indicates that it has availed itself of the technical assistance of the Office to strengthen the capacities of the Labour Inspectorate in methods and techniques for identifying anti-union acts, particularly measures of anti-union discrimination in employment.

Noting this information, which is in keeping with the previous recommendations, the Committee expresses the hope that the Government will continue its efforts, in consultation with the social partners, in the overall examination of the legal framework and practice concerning protection against anti-union discrimination and interference. This examination should include the issue of protection of trade union leaders and members during the period when the union that has been established is applying for registration. The Committee requests the Government to continue reporting progress in this regard and to provide a copy of the amendment to Act No.90-14, once it has been adopted.

Article 4. Appointment to the Joint Council of the Civil Service and the National Arbitration Commission. The Committee notes the observations of the CGATA, contesting the Government’s registration of worker representatives of the Joint Council of the Civil Service and the National Arbitration Commission. The CGATA denounces, in particular, the registration of a trade union established by government interference and its probable impact on the work of the bodies in question. In its reply, the Government indicates that the appointments to the Joint Council of the Civil Service and the renewal of the mandate of the National Arbitration Commission were carried out on the basis of the representativity of the two trade unions organizations in question. In this regard, the Committee wishes to recall that the bodies called on to resolve grievances should be independent and should enjoy the confidence of the parties.

Application of the Convention in practice. The Committee notes the statistics provided on the number of collective agreements and accords registered by the labour inspectorate between 2016 and 2020, as well as the number of workers covered. The Committee invites the Government to continue providing the statistics available concerning the number of collective agreements and accords registered and, as far as possible, to specify the sectors and number of workers covered.

Article 1(a) of the Convention. Imprisonment involving compulsory labour as a penalty for expressing political views or opposition to the established political, social or economic system. 1. Ordinance implementing the Charter for Peace and National Reconciliation. The Committee notes that section 46 of Ordinance No. 06-01 of 27 February 2006 implementing the Charter for Peace and National Reconciliation establishes a penalty of three to five years’ imprisonment and a fine for any person who, through their statements, writings or any other action, uses or exploits the wounds of the national tragedy to attack the institutions of the People’s Democratic Republic of Algeria, to weaken the State, to dishonour its officers who have served it with dignity, or to tarnish the image of Algeria at the international level. The Committee notes that under the legislation in force prison labour may be imposed further to a conviction resulting in imprisonment (section 2 of the Inter-Ministerial Order of 26 June 1983 establishing arrangements for the use of prison labour by the National Office of Educational Works and section 96 of Act No. 05-04 of 6 February 2005 establishing the Prison Code and regulations on the social reintegration of prisoners). Furthermore, the Committee notes that the United Nations Human Rights Committee, in its concluding observations of 2018, expressed concern at reports of the use or threat of use of section 46 referred to above (CCPR/C/DZA/CO/4, paragraph 13). In order to be able to evaluate the range and scope of application of section 46 of Ordinance No. 06-01 of 27 February 2006, the Committee requests the Government to provide information on the manner in which it is used and applied in practice, indicating the number of judicial proceedings instituted on this basis, the nature of the penalties imposed and the facts on which the convictions are based.

2. Penal Code. The Committee notes that certain activities defined as criminal offences in the Penal Code may incur the penalty of imprisonment (with the possible imposition of prison labour) under circumstances which may come within the scope of Article 1(a) of the Convention. These offences are defined in the following provisions of the Penal Code:

■ section 95: receipt of propaganda funds of foreign origin and involvement in political propaganda;
■ section 95bis (introduced into the Penal Code by Act No. 20-06 of 28 April 2020): receipt of funds, gifts or advantages for the purpose of performing or inciting to perform acts likely to undermine the fundamental interests of Algeria or public security and order;
■ section 96: distribution, putting on sale, public display or possession of publications capable of harming the national interest;
■ section 98: participation in an unarmed gathering;
■ section 100: incitement to participate in an unarmed gathering;
■ section 144: insulting a judge, civil servant, public official, or law enforcement commander or officer (the applicable penalties have been made more severe by Act No. 20-06 of 28 April 2020);
■ section 144bis(2): insulting the prophet and envoys of God, and denigration of the dogma and precepts of Islam;
■ section 196bis (introduced into the Penal Code by Act No. 20-06 of 28 April 2020): dissemination or spreading of false information, likely to undermine security or public order;
■ section 298: defamation;
■ section 299: expression of abuse;
■ section 440: insulting any citizen responsible for a public service ministry.

The Committee notes that the Human Rights Committee, in its concluding observations of 2018, expressed concern at reports of the use of sections 96 (publications capable of harming the national interest), 144 (insults), 144bis(2) (insults against the prophet) and 298 (defamation) to impede the work of journalists and human rights defenders (CCPR/C/DZA/CO/4, paragraph 43). Moreover, the Committee notes that the spokesperson of the United Nations High Commissioner for Human Rights, in a press release of 11 May 2021, expressed growing concern at the situation in Algeria, where the rights of freedom of opinion and expression, and freedom of peaceful assembly and participation in public affairs continue to be attacked. The press release emphasizes that during the last two months activists, human rights defenders, students, journalists, bloggers and ordinary citizens peacefully expressing their disagreement have continued to be the subject of criminal prosecutions. In a press release dated 5 March 2021, the spokesperson of the High Commissioner for Human Rights emphasized the fact that in 2019-20 at least 2,500 people were arrested or detained in connection with their peaceful activism. Furthermore, in a press release of 16 September 2020, United Nations human rights experts condemned the handing down of a two-year prison sentence for an Algerian journalist and rights defender, on the basis of accusations officially described as “incitement to illegal assembly and endangering national unity”, for filming police officers who were attacking demonstrators in Algiers.

The Committee recalls that, under the terms of Article 1(a) of the Convention, no penalty involving compulsory labour may be imposed on persons for holding or expressing political views or for peacefully expressing their ideological opposition to the established political, social or economic system. In this regard, the Committee refers to the developments described in its observation and reiterates that the activities which, under Article 1(a) of the Convention, must not be subject to any penalty involving compulsory labour include those undertaken in the context of the freedom to express political or ideological views (orally, in the press or by other means of communication), and also in the context of the rights of association and of assembly, whereby citizens seek the dissemination and acceptance of their views. The Committee requests the Government to provide information on the manner in which the judicial authorities make use of the sections of the Penal Code referred to above, indicating the frequency with which these provisions are invoked, the facts which have given rise to convictions, and the nature of the penalties imposed.

3. Definition of terrorism. The Committee previously noted that, under section 87bis of the Penal Code, a “terrorist or subversive act” includes any act which undermines the security of the State, the integrity of the territory, or the stability and normal functioning of institutions, including obstruction of traffic or freedom of movement on thoroughfares and occupying public places with gatherings; damaging means of communication and transport, and public and private property, taking possession thereof or unduly occupying it; obstructing the actions of the public authorities or the free exercise of worship or of public freedoms and also the functioning of public service establishments; and hindering the operation of public institutions. The Committee noted that the abovementioned acts are liable to imprisonment, including the possibility of compulsory labour. The Committee emphasized that where anti-terrorist legislation is couched in vague and general terms, it may have an impact on freedom of expression, freedom of assembly and freedom of association, and the Committee therefore asked the Government to provide information on the application in practice of section 87bis of the Penal Code.

The Government indicates that the requisite conditions for applying section 87bis of the Penal Code include the fact that these acts must be directed against the security of the State, must create terror and insecurity among the population and in particular must obstruct the functioning of public institutions or endanger human life or property. The Government explains that there are consequently no grounds for applying the provisions of section 87bis in cases involving the peaceful expression of opinions, either by workers or by any other persons. The Committee duly notes this information. In addition, it observes that the Human Rights Committee, in its concluding observations of 2018, reported allegations of undue recourse to anti-terrorist provisions against human rights defenders or journalists (CCPR/C/DZA/CO/4, paragraph 17). The Committee therefore requests the Government to continue to ensure that the scope of application of section 87bis of the Penal Code is interpreted in the manner indicated by the Government, so that these provisions are not used to impose imprisonment, including the possibility of compulsory labour, on persons who peacefully express opposition to the established political, social or economic system.

Article 1(a) of the Convention. Imprisonment involving compulsory labour as a penalty for expressing political views or opposition to the established political, social or economic system. Associations Act. In its previous comments, the Committee noted that under the legislation in force prison labour may be imposed as part of a prison sentence (section 2 of the Inter-Ministerial Order of 26 June 1983 establishing arrangements for the use of prison labour by the National Office of Educational Works and section 96 of Act No. 05-04 of 6 February 2005 issuing the Prison Code and regulations on the social reintegration of prisoners). The Committee noted that section 39 of the Associations Act (No. 12-06 of 12 January 2012) provides that an association may be suspended or dissolved “in the event of interference in the internal affairs of the country or an attack on national sovereignty” and that section 46 provides that “any member or leader who continues to act on behalf of an association which is neither registered nor approved, or is suspended or dissolved” shall be liable to a fine and imprisonment of three to six months. The Committee also noted the indications of the United Nations Office of the High Commissioner for Human Rights (OHCHR) in 2017 that civil society organizations faced severe restrictions following the adoption of the Associations Act (Act No. 12-06). The Committee asked the Government to take steps to ensure that Act No. 12-06 cannot be used to impose prison sentences (including compulsory labour) on persons who, through exercising their right of association, express political views or opposition to the established political, social or economic system.

The Government indicates in its report that section 39 of the Associations Act (Act No. 12-06) provides for a non-penal administrative penalty in the event of interference in the internal affairs of the country and that punishable acts have no connection with political orientation or views. Similarly, the penalties et forth in section 46 are imposed when the persons concerned continue to be active in an association that has not been registered or has been dissolved or suspended, and this also has no connection with the expression of political views or political orientation. Moreover, the Government emphasizes that what is imposed on offenders is imprisonment (in addition to a fine) and not compulsory or forced labour. It adds that forced or compulsory labour is not on the list of penalties provided for by Algerian legislation as a penalty for offences in general. The Government also indicates that work done by prisoners is subject to their prior consent and that any prisoner wishing to work must submit a request to the judge responsible for the enforcement of sentences.

The Committee notes this information. However, it notes that under the provisions of section 2 of the Inter-Ministerial Order of 26 June 1983, in the context of the rehabilitation, training and social promotion of prisoners, “prisoners are required to do useful work”, compatible with their health, order, discipline and security. Furthermore, section 96 of Act No. 05-04 of 6 February 2005 issuing the Prison Code and regulations on the social reintegration of prisoners, provides that “prisoners may be assigned useful work by the prison director”. As it indicated previously, the Committee considers that the voluntary nature of prison work is not apparent in the wording of these provisions, which, on the contrary, allow work to be imposed on persons who have been sentenced to imprisonment. The Committee also considers that even if prison work is voluntary in practice, amendments should be made accordingly in the legislation in order to avoid any legal ambiguity.

The Committee further notes that the United Nations Human Rights Committee, in its concluding observations of 2018, expresses concern at numerous reports of the Government rejecting the by-laws of existing organizations that had been brought into line with the legislation, as that practice limits the freedoms of associations and exposes their members to heavy penalties for unauthorized activity (CCPR/C/DZA/CO/4, paragraph 47). The Committee points out that section 46 of Act No. 12-06 of 12 January 2012 provides that if a member of an organization which has not yet been registered or approved or has been suspended or dissolved (for example, under section 39 of the Act) continues to be active, that person shall be liable to imprisonment of three to six months. The Committee recalls that, under Article 1(a) of the Convention, the range of activities which must be protected from punishment involving compulsory labour includes those performed as part of the freedom to express political or ideological views, as well as various other generally recognized rights. These include the rights of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views (see 2012 General Survey on the fundamental Conventions, paragraph 302).

The Committee therefore once again requests the Government to take the necessary steps to ensure that persons who, through exercising their right of association, express political views or peaceful opposition to the established political, social or economic system cannot be subjected to imprisonment on the basis of section 46 of the Associations Act (No. 12-06). The Committee requests the Government to provide information on the application in practice of section 46 of Act No. 12-06, indicating the number of prosecutions initiated under this provision, the nature of the offences recorded and the type of penalties imposed.

Article 1(d). Penalties for participating in strikes. In its previous comments, the Committee referred to Act No. 90-02 of 6 February 1990, as amended and supplemented, concerning the prevention and settlement of collective labour disputes and the exercise of the right to strike, which imposes restrictions on the exercise of the right to strike. It noted that sections 37 and 38 of this Act establish the list of essential services in which a compulsory minimum service must be maintained, and that section 55(1) of this Act provides that anyone who causes or seeks to cause, or maintains or seeks to maintain, a strike contrary to the provisions of the Act, even without violence or assault against persons or property, shall be liable to imprisonment (involving the possibility of compulsory labour) ranging from eight days to two months and/or a fine. The Committee asked the Government to take the necessary steps to ensure that no worker may be sentenced to imprisonment for participating peacefully in a strike, and also to supply information on the application in practice of section 55(1) of Act No. 90-02.

The Government indicates that workers who participate peacefully in a strike while observing legal procedures are not the target of section 55(1) of Act No. 90-02. It explains that the aim of section 55(1) is to ensure collective consultation between the employer and the workers’ representatives. Consultation is compulsory when a collective labour dispute arises between the employer and the workers’ representatives. The Committee notes this information. In this regard, the Committee emphasizes that, regardless of the legal status of the strike, any penalty imposed should be proportionate to the seriousness of the offence committed, and the authorities should avoid recourse to imprisonment involving compulsory labour for those who organize a strike or participate in it peacefully. The Committee therefore urges the Government to take the necessary measures in law and in practice to ensure that no worker who participates peacefully in a strike can be sentenced to imprisonment involving compulsory labour. The Committee requests the Government to provide information on any progress made in this respect.

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

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the establishment of the national body for the protection and promotion of the rights of the child (OPPDE) under Act No. 15-12 of 15 July 2015 on child protection. It noted that the main mission of the OPPDE was to oversee the implementation and periodic evaluation of the national and local programmes for the protection and promotion of the rights of the child and to establish a national information system on the situation of children in the country. The Committee also noted the community child protection services (services du milieu ouvert) established at the local level to ensure the social protection of children at risk, including children subjected to economic exploitation. It requested the Government to continue its efforts to ensure that children under the minimum age of admission to work, fixed at 16 years, are not engaged in child labour. It also requested the Government to provide information on the measures taken by the OPPDE in this regard, as well as on the number of children under 16 years who have been identified as being “at risk” because of their engagement in work.

The Government indicates, in its report, that among the measures taken by the OPPDE to combat the economic exploitation of children is the establishment of a mechanism for handling complaints of children’s rights violations, through a free hotline, on line, by mail or in person. The Government states that in 2019, 188 complaints related to the economic exploitation of children were registered, concerning 470 children at risk (322 boys and 148 girls). From January to the end of April 2020, 49 complaints related to the economic exploitation of children were registered, involving 132 children at risk (80 boys and 52 girls). According to the Government, the OPPDE also established a standing coordination committee within the OPPDE in 2017 and developed a committee work programme to coordinate efforts to combat child rights violations, including child labour. In addition, the OPPDE organized several public awareness-raising actions and training for professionals working in the area of child protection on combating all forms of exploitation. The Government also indicates that the development of a statistical database on the situation of children has been initiated by the OPPDE. The Committee notes that, according to the Government, an interministerial commission coordinates actions to combat child labour. The Committee encourages the Government to pursue its efforts to ensure the progressive elimination of child labour and requests it to continue to provide information on the activities carried out by the OPPDE and the results achieved with regard to combating labour of children under 16 years. The Committee requests the Government to provide information on the activities of the interministerial commission to combat child labour. It also requests the Government to intensify its efforts to set up a system for the collection of statistical data on the nature, extent and evolution of labour of children under 16 years and requests it to provide information in this regard.

Article 2(1). Scope of application and labour inspection. In its previous comments, the Committee noted that Act No. 90-11 on working conditions of 21 April 1990 governed relations between salaried workers and employers, thereby excluding persons working on their own account. It also noted that, under Ordinance No. 75-59 of 26 September 1975 issuing the Code of Commerce, children under 18 years cannot engage in trading, as defined by the Code of Commerce. In this respect, the Government stated that the Code of Commerce applies to all jobs, salaried or own-account. Noting that the Code of Commerce governs activities defined as acts of trading, the Committee noted that Algerian legislation does not regulate all the economic activities that a child under 16 years of age may carry out in the informal economy or on their own account. The Committee encouraged the Government to strengthen the capacities of labour inspection to enable it to monitor child labour in the informal economy. It also requested the Government to provide information on inspections carried out in practice by labour inspectors responsible for monitoring child labour.

The Government indicates that the fight against child labour is a priority focus of the labour inspection services. It states that measures are being taken to strengthen the capacities of labour inspectors to combat child labor, including in the informal sector. According to figures provided by the Government, as a result of investigations conducted by the labour inspectorate, four children under 16 years were identified in the workforce in 2018, and three in 2019. With regard to monitoring, the Government indicates that the child labour rate over the last ten years is 0.03 percent. However, the Committee notes that according to the multiple indicator cluster survey (MICS) conducted in Algeria in 2019 by the Directorate of Population under the Ministry of Health, Population and Hospital Reform in partnership with UNICEF, 4.2 per cent of children aged 5 to 17 are engaged in child labour (5.7 per cent of boys and 2.7 per cent of girls), including in hazardous conditions. The Committee therefore requests the Government to intensify its efforts to strengthen the capacities of the labour inspectorate in order to detect all cases of child labour, including in the informal economy. It requests the Government to provide information on this matter and on the number of violations found related to child labour, including in hazardous conditions, and the penalties imposed. The Committee also requests the Government to take the necessary measures to ensure in practice that the protection set out by the Convention is applied to children working in the informal economy or on their own account, and not restricted to activities governed by the Code of Commerce.

Articles 3 and 7(1) of the Convention. Worst forms of child labour and the penalties applied. Clause (a). Sale and trafficking of children. The Committee previously noted that section 303bis(4) of Act No. 09-01 of 25 February 2009 provides for imprisonment and a fine in cases of trafficking of persons, in particular, for economic and sexual exploitation. Where the trafficking involves a person who is in a vulnerable situation owing to their age, among other things, the prison sentence is between 5 and 15 years. The Committee noted the creation of the National Committee on Preventing and Combating Trafficking in Persons. It also noted that training workshops on investigations and prosecutions for cases of trafficking in persons, and on victim protection, had been held in collaboration with the United Nations Office on Drugs and Crime (UNODC). The Committee requested the Government to provide information on the impact of the training workshops on the elimination of the sale and trafficking of children under 18 years of age.

The Government indicates, in its report, that training on trafficking in persons has strengthened the intervention capacities of investigators, particularly in identifying victims of trafficking and in determining the crime, in order to better identify cases of trafficking throughout the country, including trafficking in children for labour and sexual exploitation. The Government states that the training of personnel responsible for combating trafficking in persons is a priority of the Directorate General of National Security. There are also 50 Brigades for the protection of vulnerable persons within the police force, one mission of which is to ensure the protection of children against all forms of exploitation. In addition, the Government indicates that in 2018, two cases of child trafficking, involving six child victims, were identified and led to criminal proceedings. As a result of the prosecutions, one person was sentenced to imprisonment and a fine, and four persons were acquitted. In 2019, three cases of child trafficking were registered, two of which were processed, involving three child victims. As a result, two persons were sentenced to imprisonment and a fine and two others were acquitted. The Committee requests the Government to continue its efforts to combat child trafficking by ensuring that the perpetrators of these acts are identified and prosecuted, and that sufficiently effective and dissuasive sanctions are imposed. It requests the Government to continue to provide statistical information on identified cases of trafficking in children under 18 years, the prosecutions brought, the convictions obtained and the penalties imposed.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee highlighted the absence of a legislative provision prohibiting the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs. It noted with regret the absence of information from the Government and urged it to take, as a matter of urgency, the necessary measures to ensure, in law and in practice, the prohibition of the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, and to establish sufficiently effective and dissuasive sanctions.

The Government indicates that where children are used for serious crimes related to drugs, the law prohibits legal proceedings against them if they are under 10 years of age. The Government provides figures on the number of children involved in cases linked to the trafficking and use of drugs. However, the Committee notes that the Government does not specify the number of children used, procured or offered for the production and trafficking of drugs.

The Committee once again emphasizes that although national legislation establishes penalties for the possession, use or trafficking of drugs, it does not define specific offences on the use, procuring or offering of children by other persons for the production and trafficking of drugs. It also reminds the Government that all children under 18 years used, procured or offered for illicit activities, in particular for the production and trafficking of drugs, must be treated as victims and not criminals. The Committee can only express its concern at the absence of provisions expressly prohibiting the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs. The Committee therefore urges the Government to take, as a matter of urgency, immediate measures to ensure that national legislation prohibits the use, procuring or offering of a child for the production and trafficking of drugs. It also requests it to take the necessary measures to ensure that all children under 18 years used for the production and trafficking of drugs are treated as victims and not criminals, and are therefore not punished for their involvement in illicit activities. The Committee requests the Government to provide information on the measures taken in this regard.

Article 4(1). Determination of hazardous types of work. For several years, the Committee has been noting the Government’s indication that the issue of determining hazardous types of work had been addressed during the current drafting of the new Labour Code. In its previous comment, the Committee noted that section 48 of the draft Labour Code of October 2015 prohibits children below the age of 18 from engaging in hazardous work and provides for the establishment of a list of these types of work through legislation. The Committee urged the Government to take immediate measures to ensure the adoption of the draft Labour Code and the relevant regulation on the list of types of hazardous work prohibited to children under 18 years of age.

The Government indicates that the Bill issuing the Labour Code, which provides that the list of hazardous work prohibited to children under 18 years of age will be determined by legislation and revised on a regular basis following consultation with the employers’ and workers’ organizations concerned, is being finalized. In addition, the Government indicates that a copy of the above Bill has been communicated to the most representative trade union organizations for their opinion. The Committee urges the Government to take, without delay, the necessary measures to finalize and adopt the Bill issuing the Labour Code, in order to determine, following consultation with the employers’ and workers’ organizations concerned, the types of hazardous work prohibited to children under 18 years of age. It requests the Government to provide a copy of the legislative text issuing the Labour Code and the regulatory text fixing the list of the types of hazardous work, once adopted.

Article 6. Programmes of action. Sale and trafficking of children. In its previous comment, the Committee requested the Government to take the necessary measures to combat the trafficking of children under 18 years of age for economic or sexual exploitation.

The Government indicates that a three-year programme for the implementation of the action plan to prevent and combat trafficking in persons 2019–2021 was adopted in 2019. This three-year programme, which incorporates the main pillars of the 2015 action plan, provides, inter alia, for: (i) reliable and accurate data on trafficking in persons; (ii) capacity building for those who deal with cases of trafficking in persons cases; (iii) adaptation of the national legal arsenal to prevent and combat trafficking in persons; (iv) provision of necessary protection and assistance for victims of trafficking; and (v) strengthening of cooperation to combat trafficking in persons. The Government states that the National Committee on Preventing and Combating Trafficking in Persons has initiated the drafting of a Bill on trafficking in persons. The Committee takes note of this information. It notes, however, that the Government does not indicate any specific measures taken under the 2019–2021 three-year programme to combat trafficking in children under 18 years. The Committee requests the Government to provide information on the measures taken within the framework of the 2019 – 2021 three-year programme to effectively combat trafficking in children, and the results achieved.

Article 7(2). Effective and time-bound measures. Clauses (b). Providing assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking of children. The Committee previously requested the Government to take effective and time-bound measures to establish services for the recovery of child victims of trafficking, and for their rehabilitation and social integration. It also requested the Government to take measures to ensure that child victims of trafficking are treated as victims rather than offenders and to provide information on progress in this regard.

The Government indicates that there is currently no national guidance mechanism for victims of trafficking in persons to provide coordinated care for victims but that a working group had been set up to formalize such a mechanism. The Committee further notes the information of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), in its concluding observations of 25 May 2018, according to which “victims of trafficking, including children, continue to be considered migrants in an irregular situation and risk being jailed for illegal activities, such as prostitution, that they engage in because they are victims of trafficking”. The CMW also refers to “the absence of shelters for victims of trafficking and the ban on them being opened by civil society under pain of criminal sanctions for housing migrants in an irregular situation.” (CMW/C/DZA/CO/2, paragraph 59). The Committee urges the Government to take effective and time-bound measures to ensure that children under 18 years of age who engage in illegal activities, such as prostitution, in the context of trafficking, are not punished for that. It also urges the Government to take specific measures to remove child victims of trafficking from this worst form of labour, and to ensure their rehabilitation and social integration, for example by establishing reception and support centres. The Committee requests the Government to provide information on the measures taken in this regard, including within the framework of the national guidance mechanism for victims of trafficking, particularly on the number of children below the age of 18 who have been removed from trafficking and given appropriate care and assistance.

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that sections 342 and 343 of the Penal Code prohibit the procuring or offering of persons, particularly children, for prostitution. It requested the Government to provide information on the application of sections 342 and 343 of the Penal Code in practice.

The Government indicates in its report that in 2019, 646 cases concerning section 342 of the Penal Code (which punishes anyone who habitually incites, promotes or facilitates the debauchery or corruption of minors) were registered, of which 631 were examined. These cases resulted in the conviction of 632 persons and the acquittal of 217 persons. The Government indicates that these cases enabled the identification of 671 child victims. The Government further refers to the number of cases registered under section 343 of the Penal Code (which punishes anyone who uses, procures or offers a person for prostitution), stating that 39 identified victims were between the ages of 13 and 18. The Committee takes due note of the statistics provided by the Government. The Committee requests the Government to continue to provide information on the application in practice of sections 342 and 343 of the Penal Code, specifically concerning cases of persons who use, procure or offer children below the age of 18 for prostitution, by providing, in particular, information concerning the number and nature of the violations reported, convictions obtained and legal penalties imposed, disaggregated by age and gender.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the Government’s indications that, in order to ensure the right to free basic education for all children aged 6–16 years, support measures for children’s schooling, particularly in remote areas, had been developed and allowed them to receive aid in various forms. The Committee noted that the net primary school enrolment rate rose to almost 98 per cent in 2015. It nevertheless noted that, according to UNICEF, roughly 300,000 children from so-called disadvantaged regions did not attend school, and that the dropout rate remained a cause for concern. The Committee requested the Government to provide information on the measures taken to improve the education system, and on the impact of these measures on increasing school completion rates and the school attendance of children from disadvantaged regions.

The Government refers to several measures taken to reduce social disparities, and the repetition and school dropout rates, including: (i) measures to provide care and support for pupils, including those with learning difficulties (remedial learning provisions, development of adaptation classes, school orientation measures, and implementation of the Information System of the Ministry of National Education, for the collection of real-time data and intervention for children with learning difficulties); (ii) an increase in school infrastructure, including in remote and most disadvantaged areas; (iii) assistance from the National Office for Distance Learning and Training for pupils who have not been able to attend state schools; (iv) the allocation of study grants and grants for the start of the school year; (v) the expansion of the transport network; and (vi) the consolidation of specialized school health units.

The Government indicates that in 2020, the enrolment rate for children aged 6 to 16 years was 96.15 percent. It emphasizes that in the 2018/2019 school year, more than 250,000 pupils dropped out of basic education (primary and junior secondary levels), that is 3.84 per cent of pupils. In addition, the Committee notes that the Multiple Indicator Cluster Survey conducted in Algeria in 2019 by the Directorate of Population under the Ministry of Health, Population and Hospital Reform in partnership with UNICEF reveals that the completion rate is 94.5 per cent for primary school, 68.9 per cent for junior secondary and 46.4 per cent for secondary school.

The Government also indicates that the distance learning programmes that were developed in response to the COVID-19 pandemic will be reviewed and improved to become proper distance learning programmes. The priority actions defined by the Ministry of Education include: (i) ensuring compulsory schooling for pupils aged 6 to 16 years who are not in school or who have dropped out; (ii) reducing disparities within or among regions (wilayas) in terms of schooling; and (iii) reducing educational wastage by consolidating school orientation for better support for pupils. While noting the measures taken by the Government, the Committee requests the Government to strengthen its efforts to ensure access to education for all children, particularly in disadvantaged or remote areas, by focusing on reducing school dropout rates at secondary level. It requests the Government to continue to provide information on the measures taken in this regard and on the results achieved, in particular concerning the increase in enrolment and completion rates, and the reduction in the school dropout rates, in primary and secondary education.

Clauses(b) and (d). Assistance for the removal of children from the worst forms of child labour and children at special risk. Street children. The Committee previously noted that under Act No. 15-12 on child protection, a child subjected to begging is considered to be a “child in danger”. He or she is therefore afforded protection by the community child protection services (services du milieu ouvert), responsible for the social protection of children at the local level, and for conducting investigations to verify situations of danger and removing, where necessary, a child from danger. The Committee urged the Government to provide information on the application of the provisions of Act No. 15-12 relating to the community child protection services, in particular on the number of street children and children subjected to begging who are removed from the worst forms of child labour and subsequently rehabilitated and integrated in society.

The Government indicates that the Brigades for the protection of vulnerable persons, established within the police, are called upon to identify children living or working in the street, who can subsequently be placed in specialized child protection centres. In addition, the Government indicates that in 2019, 36 cases of begging were registered, involving 36 child victims, 25 of whom were below 10 years of age. In the first quarter of 2020, 17 cases of begging involving 31 children were registered, of which 17 children were below 10 years of age. The Government states that the perpetrators were, in most cases, the children’s parents. The Committee requests the Government to continue to take effective and time-bound measures to remove children subjected to begging from this worst form of child labour and ensure that they are rehabilitated and integrated in society. It requests the Government to provide information on the number of street children and children subjected to begging who have been identified, removed from the worst forms of child labour and provided with care in specialized child protection centres and by the community child protection services.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government and the observations received from the social partners this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations received on 29 September and 9 October 2020 of the General and Autonomous Confederation of Workers in Algeria (CGATA) and 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 aforementioned organizations complain of the closure of the CGATA headquarters in Algiers, the persecution of hundreds of union members in numerous wilayas, and the arrest, detention and the convictions by the courts against the following trade union delegates: (i) Mr Kaddour Chouicha, Coordinator of the Higher Education Teachers’ Union (SESS); (ii) Ms Lalia Djaddour, Member of the National Committee of Women Workers and National Secretary of SNAPAP; and (iii) Mr Maaza Belkacem, Member of the National Federation of Justice Sector Workers.

The Committee also notes the observations received on 30 September 2020 from the Trade Union Confederation of Productive Workers (COSYFOP), supported by the IUF, PSI and IndustriALL Global Union. COSYFOP complains of the following incidents, which occurred in 2020: (i) the establishment of a clone COSYFOP bureau by a general assembly not attended by representatives of affiliated unions and whose supposedly elected representatives have never been members of the Confederation; (ii) the closure under seal of COSYFOP headquarters on 21 February 2020; (iii) a government campaign against organizations affiliated with COSYFOP; (iv) judicial harassment against the following trade union delegates: Mr Raouf Mellal, President of COSYFOP; Mr Hamza Kherroubi, President of the National Union of Personal-Care Workers (SNAS); Mr Ayoub Merine, President of the National Federation of Social Security Fund Workers; Mr Benzine Slimane, Member of the Board of COSYFOP; Mr Nasser Hamitouche, COSYFOP Delegate, wilaya of Alger; Ms Tym Kadri, President of the Education Sector Staff Federation; Mr Omar Harid, General Secretary of the wilaya of Guelma office of COSYFOP; and Mr Mohamed Essalih Bensdira, President of the COSYFOP National Committee for the Unemployed; (v) the observations submitted by COSYFOP on the draft amendment to Act No. 90-14 were ignored by the Government.

The Committee previously noted the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019, relating to legislative matters, most of which are already being examined by the Committee, and denouncing the persistence of violations of the Convention in practice. In particular, the ITUC alleges that the authorities are still making use of discretionary power to refuse the registration of certain unions. The Committee also noted the observations of the International Organisation of Employers (IOE), received on 30 August and 1 September 2019, containing the Employers’ statements made before the 2019 Committee on the Application of Standards of the International Labour Conference. Lastly, the Committee noted the observations of COSYFOP, received on 28 August, 11 October and 13 November 2019 concerning serious obstacles to its freedom to organize its activities and making proposals for the current legislative reform in relation to the application of the Convention.

Given the seriousness of the alleged acts, the Committee urges the Government to provide its comments in reply to the observations which it refers to above, insofar as not already addressed in the Government’s November 2020 reply which the Committee refers to below, and, in particular, to provide detailed information concerning the allegations of closure of union premises and the arrest and conviction of trade union delegates, as well as those of the COSYFOP concerning the difficulties encountered in establishing an affiliated union in an engineering and construction enterprise.

The Committee notes the following information provided by the Government in November 2020 in reply to certain comments: (i) the Government reports on the situation with regard to the registration of trade unions. The Committee refers to this information below; (ii) the Government indicates that the arrest of Mr Chouicha, Coordinator of the SESS, was not linked to his trade union activities but to activities disruptive to public order by the dissemination of destabilizing political pamphlets encouraging civil disobedience; he was subsequently released; (iii) the Government refers to the case of Mr Mellal, President of COSYFOP, recalling a decision handed down by the Supreme Court in October 2019 upholding his dismissal for professional misconduct. According to the Government, Mr Mellal practices a liberal profession and lost his credibility as a trade union representative because of his statements calling for political change by violence. The Committee observes that the professional situation of Mr Mellal was examined by the Committee on Freedom of Association, which made a number of recommendations (see 392nd Report, October 2020, Case No. 3210).

The Committee notes that the high-level mission called for by the Committee on the Application of Standards in June 2018 visited Algiers in May 2019. The mission subsequently submitted a report containing its analysis of the pending issues relating to the application of the Convention, and made recommendations. The Committee notes that the acceptance of the mission and manner in which it took place are a positive signal of the will of the Government to make progress in addressing the issues that have been pending for many years. The Committee has benefited from the information gathered by the mission during the meetings that it held, and from its conclusions and recommendations, all of which contribute to a more empirical understanding of the legal and practical difficulties relating to the exercise of freedom of association in the country.

The Committee notes the discussion in the Conference Committee in June 2019 concerning the application of the Convention by Algeria. The Committee observes that, although the Conference Committee noted positively that the Government had accepted a high-level mission, it nevertheless expressed concern at the persistence of restrictions on the right of workers to establish and join trade union organizations, federations and confederations of their own choosing and the continued absence of tangible progress in bringing the legislation into compliance with the Convention. In its conclusions, the Conference Committee urged the Government to: (i) ensure that the registration of trade unions in law and in practice is in compliance with the Convention; (ii) process pending applications for the registration of free and independent trade unions, which have met the requirements set out by the law, and allow the free formation and functioning of trade unions; (iii) review the decision to dissolve the Autonomous National Union of Electricity and Gas Workers (SNATEGS); (iv) systematically and promptly provide trade union organizations with all necessary and detailed information to enable them to take corrective action or complete additional formalities for their registration; (v) amend section 4 of Act No. 90-14 in order to remove obstacles to the establishment by workers of organizations, federations and confederations of their own choosing, irrespective of the sector to which they belong; (vi) amend section 6 of Act No. 90-14 in order to recognize the right of all workers, without distinction whatsoever, to establish trade unions; (vii) take all appropriate measures to guarantee that, irrespective of trade union affiliation, the right to freedom of association can be exercised in normal conditions with respect for civil liberties and in a climate free of violence, pressure and threats; (viii) ensure impartial investigation and due process rights in order to guarantee the rule of law; (ix) reinstate employees of the Government terminated based on anti-union discrimination, where appropriate; and (x) ensure that the new draft Labour Code is adopted with no further delay and is in compliance with the text of the Convention. The Committee notes that, as requested, the Government subsequently provided in its report detailed information on the action taken on the recommendations of the Conference Committee.

Legislative issues

Amendment of the Act on the exercise of the right to organize and reform of the Labour Code. The Committee recalls that the Government has been referring since 2011 to the process of reforming the Labour Code with a view to responding to the Committee’s concerns relating to the application of the Convention. The Committee notes that the Government informed the high level mission of its intention to take a new initiative to respond rapidly to the comments calling for the amendment of sections 2, 4 and 6 of Act No. 90-14 on the exercise of the right to organize. This new initiative would consist of, during a first stage, revising the provisions referred to above and disassociating these amendments from the broader process of the revision of the whole of the Labour Code, which would be carried out during a second phase. However, the consultation procedures and time schedule remained to be determined. After noting from the meetings with workers’ and employers’ organizations that no discussions or consultations on the draft Labour Code had been held since 2017, the mission recommended the Government to engage without delay in the preparation of draft texts to amend the provisions of Act No. 90-14, in accordance with the Committee’s recommendations, and to pursue the work of bringing the draft Labour Code into conformity with the technical comments provided by the Office in 2015, all in consultation with all of the social partners. In June 2019, the Government confirmed to the Conference Committee that it wishes to update the text revising the Labour Code in light of the amendments proposed by the Office and in consultation with all the economic and social partners.

The Committee notes the supplementary information provided by the Government indicating that the preliminary draft Bill to amend and supplement Act No. 90-14 has been prepared and submitted for their views to 47 workers’ and employers’ organizations and 27 ministerial departments. According to the Government, this preliminary draft Bill amends all the provisions on which the Committee has been commenting. Furthermore, the Government indicates that it was able to benefit from the Office’s technical comments in February 2020 and that the latest version of the preliminary draft Bill takes due account thereof. The Government reports that the draft Bill is currently being discussed by the General Secretariat of the Government with a view to its adoption by the Government Council and then the Council of Ministers, prior to its transmission to Parliament. Furthermore, the Government refers to a new version of the Labour Code which includes the Office’s 2015 comments. It indicates that the new text will be submitted for consultation with the economic and social partners and that the final version will then be submitted to the authorities with competence for its approval and enactment. The Committee welcomes the Government’s indication that its comments have been taken into account in the text to amend Act No. 90-14 and that the new version, as well as the new version of the draft text revising the Labour Code have taken into account the Office’s technical comments. With regard to the amendments to Act No. 90-14, the Committee refers to its comments below. In relation to the Labour Code, the Committee refers to the comments contained in its direct request. The Committee expects that the Government will take all the necessary measures to complete, without delay, the legislative reform called for by the Committee with a view to giving full effect to the provisions of the Convention and that it will rapidly be in a position to report progress in this regard.

Article 2 of the Convention. Right to establish trade union organizations. The Committee recalls that its previous comments related to section 6 of Act No. 90-14, which restricts the right to establish a trade union organization to persons who are originally of Algerian nationality or who acquired Algerian nationality at least ten years earlier. The Committee notes the Government’s indication that the Bill includes an amendment to section 6 which removes the nationality requirement, which will permit foreign workers and employers to establish organizations and, under condition of three years’ residence and in accordance with the terms and conditions established in the statutes, to become members of the executive and administrative bodies of trade unions. The Committee trusts that section 6 of Act No. 90-14 will be amended soon so that the right to establish a trade union organization and to take up positions in the management or administration thereof is recognized for all workers, irrespective of nationality.

Article 5. Right to establish federations and confederations. The Committee recalls its previous comments relating to sections 2 and 4 of Act No. 90 14, which, read jointly, have the effect of restricting the establishment of federations and confederations in an occupation, branch or sector of activity. The Committee previously noted the Government’s indication that section 4 of the Act would be amended to include a definition of federations and confederations. The Committee notes that, in its report, the Government merely indicates that the draft text revising Act No. 90-14 clarifies the concepts of central organizations, federations and confederations with a view to permitting their establishment irrespective of the sectors covered by their member unions. The Committee welcomes the Government’s indication that the most recent amendment to section 4 of the Act will allow trade union organizations to establish federations, unions and confederations irrespective of the occupation, branch or sector to which they belong. The Committee trusts that section 4 of Act No. 90-14 will be amended soon in order to remove any obstacles to the establishment of federations and confederations by workers’ organizations, irrespective of their sector.

Article 3. Restrictions on access to trade union office. Finally, the Committee notes the observation made by the high-level mission concerning the application of section 2 of Act No. 90-14, which could in practice limit the full enjoyment and exercise of freedom of association. According to the mission, the use of the term “salaried employees” in section 2 of Act No. 90-14 could have the consequence in practice of limiting access to trade union office. The discussions held by the mission revealed that the dismissal of a trade union leader (or a founder member of an organization awaiting approval) in a specific enterprise or administrative body resulted in the loss of the status of salaried employee, and consequently de jure of the status of trade union officer under the terms of section 2 of Act No. 90-14. The mission observed that this situation was liable to prejudice the freedom of action of the organization and its right to elect its representatives in full freedom. In this regard, the Committee recalls that it considers that the requirement to belong to an occupation or to an enterprise in order to be able to hold trade union office is a requirement that infringes the right of organizations to draw up their constitutions and to elect their representatives in full freedom. It prevents trade unions from being able to elect qualified persons (such as full-time union officers or pensioners) or deprives them of the experience of certain officers when they are unable to provide enough qualified persons from among their own ranks. There is also a real risk of interference by the employer through the dismissal of trade union officers, which deprives them of their trade union office (see the 2012 General Survey on the fundamental Conventions, paragraph 102). In light of the above, the Committee requested the Government to consult the social partners urgently on the 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, 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. In the supplementary information provided, the Government indicates that genuine representation of workers before the employer, particularly through the union branch, which is democratically elected by members, is valuable not only because of its experience in the enterprise in question but also because it is familiar with the organization and culture of the enterprise. According to the Government, the definition of the term “worker” is linked with the matter of remuneration, paid in exchange for the effort made by the worker. This definition creates an employment relationship and a legal bond giving rise to rights and obligations for both parties to the employment relationship. Lastly, recalling that no trade union organization has raised the question of trade union representation, the Government indicates that the matter of the appointment by trade union organizations of persons from outside “employer bodies” could be envisaged under certain conditions and that a consultation on that issue will be held with the social and economic partners. The Committee expects that the Government will initiate without delay consultations with the social partners with regard to the granting of authorization for trade union representation to persons from outside the enterprise or establishment. It recalls the need 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.

Registration of trade unions in practice

The Committee recalls that it has been commenting for many years on the issue of the particularly long delays, sometimes amounting to several years, in the processing of applications for the registration of trade unions or the refusal by the authorities to register certain independent trade unions without giving reasons.

The Committee notes that the Government informed the high-level mission, as well as the Conference Committee, of the recent initiative by the Ministry of Labour to update the files on the establishment of unions and to invite organizations which wish to register or for which the applications are under examination to meet with the Ministry to bring up to date the administrative documents, and particularly those relating to their occupational situation. According to the Government’s report and the supplementary information provided, this initiative resulted in the registration of 138 representative organizations (91 workers’ organizations and 47 employers’ organizations) by the month of March 2020.

The Committee also notes the following information provided by the Government concerning the registration of unions referred to in its previous comments: (i) the Autonomous National Union of Cleaning and Sanitation Workers (SNATNA) and the National Union of Mobilis Workers (SNTM) have been registered; (ii) the Autonomous Algerian Union of Transport Workers (SAATT) and the Autonomous Union of Attorneys of Algeria (SAAVA) have not yet responded to the communications from the Ministry requesting them to update their applications for registration. Efforts by the public authorities to contact these unions have been unsuccessful; (iii) the Government reports that the Higher Education Teachers Solidarity Union (SESS) was registered in February 2020; (iv) the processing of the files for the establishment of the Autonomous National Union of Paper and Packaging Manufacture and Transformation Workers (SNATFTPE), the Autonomous National Union of Wood and Derivative Manufacturing Workers (SNATMBD) and the Autonomous National Union of EUREST Workers of Algeria (SNATE) are the territorial responsibility of the wilaya or commune. According to the Government, efforts by the public authorities to contact these unions have been unsuccessful; (v) the file for the establishment of the Algerian Union of Employees of the Public Administration (SAFAP) is pending due to a dispute concerning a disagreement between the founding members relating to the presidency of the organization; a conciliation attempt is under way, however, and the Government will keep the Office informed on progress in this case; (vi) the Government reiterates that the General and Autonomous Confederation of Workers of Algeria (CGATA) has not provided documents concerning its establishment in accordance with the provisions of the Act as 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; and (vii) according to the Government, persons unrelated to the Trade Union Confederation of Productive Workers (COSYFOP) obtained possession of the registration receipt of the organization without the presence of any member or affiliate. However, the Government admits that the COSYFOP is composed of three legally constituted unions.

The Government adds that, to give effect to the recommendations of the Conference Committee, exchanges of communications and meetings with the representatives of unions seeking registration are now recorded in reports co-signed by the applicants. Finally, the Government indicates that it is currently engaged in the preparation of a manual on the procedures for the registration of unions.

The Committee welcomes the follow-up information provided by the Government and requests it to continue providing updated information on the processing of applications for the registration of trade unions. The Committee refers below to the specific situation of certain unions.

The Committee notes the points indicated below that the high-level mission raised concerning the registration of unions and which it considers to be particularly pertinent. In the first place, the mission observed that the legislative provisions setting out the conditions for the establishment of federations and confederations of unions covering different sectors appear to be interpreted in an inconsistent and very restrictive manner according to the organizations concerned. The mission accordingly noted the case of a confederation that was not provided with a receipt on the grounds that it groups together affiliates from several sectors while, in another case, it noted the registration of an employers’ organization in February 2019 which has affiliates from four different sectors. The mission was also informed of the case of a trade union confederation with affiliates in several sectors. The mission therefore recommended that the Government adopt a consistent position in practice and to accept the possibility for organizations to be composed of affiliates from different occupations, branches and sectors, in line with the Committee’s comments concerning the application of sections 2 and 4 of Act No. 90-14. The mission also therefore requested that the Government register any organizations in this situation which apply for registration. The Committee also notes that the mission observed inconsistencies in the content of the communications denying registration. In most cases, the administration’s communication merely indicates that “the application to certify the establishment of the organization does not meet the conditions set out by Act No. 90-14 of 2 June 1990 on the exercise of the right to organize and it requests the applicant to abide by that Act”, without other comments. The mission therefore encouraged the Government to systematically and rapidly provide the organizations with all the necessary information to enable them to take corrective measures or to fulfil additional formalities for their registration.

In general, while welcoming the efforts made by the Government to clarify the manner in which the administration processes applications for the registration of unions, the Committee is nevertheless concerned by the fact that the registration of most of the federations and unions referred to in its comments, and particularly the CGATA, SAAVA and SAATT, remain pending. The Committee also notes the explanations provided on the denial of registration by the administration for the Confederation of Algerian Unions (CSA), COSYFOP and SAFAP, the representatives of which were able to meet with the high-level mission. The Committee notes that, taking into account the information provided both by the organizations themselves and by the authorities, the mission recommended the Government to proceed on an urgent basis with the registration of the CGATA, CSA and SAFAP.

The Committee notes with regret that the Government confines itself essentially to providing in its report and the supplementary information provided in 2020 the same explanations that it had previously furnished on the rejection of the applications for registration in the case of the organizations referred to above, most of which are based on a reading of the legislative provisions which, as recalled above by the Committee, are not in conformity with the Convention. The Government should also take into account the process of the amendment of these provisions which it has commenced in order to give effect to the Convention. The Committee therefore expects that the Government will take due account of the elements recalled above in reconsidering on an urgent basis the applications for the registration of the CGATA, CSA and COSYFOP. It also refers to the recommendations of the high-level mission and calls on the Government to register the SAFAP as soon as the internal dispute to which it refers is resolved. It expects the Government to be able to report, without further delay, tangible progress in the positive processing of these applications for registration which, in certain cases, have been pending for several years. The Committee also once again encourages the Government to provide systematically and rapidly to the organizations for which registration is denied by the administration all the necessary information to enable them to take corrective measures and to fulfil the additional formalities required for their registration.

With regard to the situation of the Autonomous National Union of Electricity and Gas Workers (SNATEG), the observations of which, received in July 2018, reported numerous obstacles to its freedom to organize its activities, the Committee recalls that SNATEG presented a complaint to the Committee on Freedom of Association, which once again ruled on the merits of the case (see 392nd Report, October 2020, Case No. 3210) and formulated recommendations including calling on the Government to conduct an independent investigation to determine the circumstances that led to the administrative decision recognizing voluntary dissolution of SNATEG, despite evidence presented by the union that no such voluntary dissolution had occurred. Referring to the recommendations made by the Conference Committee in June 2019, the Committee on Freedom of Association requested the Government to review the decision to dissolve SNATEG without delay. Lastly, that Committee urged the Government to implement its recommendations without delay in order to ensure an environment in the industrial energy enterprise concerned in which trade union rights are respected and guaranteed for all trade union organizations, and in which workers are able to join the union of their choice, elect their representatives and exercise their trade union rights without fear of reprisals and intimidation. The Committee requests the Government to indicate the measures taken to give effect to the recommendations of the Committee on Freedom of Association in this regard.

In general, in view of the measures that it is taking to address the legal and practical issues raised in relation to the implementation of the Convention, the Committee trusts that the Government will continue to avail itself of the technical assistance of the Office.

The Committee is raising other matters in a request addressed directly to the Government that reiterates the content of its direct request adopted in 2019.

[The Government is asked to reply in full to the present comments in 2022.]

The Committee notes the information provided by the Government in reply to the observations of the International Trade Union Confederation (ITUC) of 2018 concerning the application in practice of certain provisions of Act No. 90-02 of 6 February 1990 on the prevention and settlement of collective labour disputes and the exercise of the right to strike.

Minimum service. The Committee previously requested the Government to provide copies of the texts determining essential services and services of public utility under the terms of Act No. 90-02. In its reply, the Government refers to section 37 of the Act, which provides that where the strike relates to activities the total interruption of which is liable to prejudice the continuity of essential public services, vital economic activities, the provision of supplies to the population or the maintenance of installations and property, the continuation of indispensable activities shall be organized in the form of a compulsory minimum service or through negotiations. The Government also refers to section 38 of the Act, which determines the fields in which a compulsory minimum service shall be organized in the event of a strike. The Committee requests the Government to specify the manner in which in practice minimum services are determined in each of the fields covered by sections 37 and 38 of Act No. 90-02 and the extent to which the representative organizations concerned participate in each instance. The Committee requests the Government to indicate, in this regard, the occasions in recent years that these provisions of Act No. 90-02 have been applied, with an indication, in each case, of the percentage of workers concerned by the compulsory minimum service decided upon. The Committee also requests the Government to provide examples of collective agreements or accords concluded under the terms of section 39 of the Act for the determination of minimum services in the event of a strike.

National Arbitration Commission. Noting the Government’s reply concerning the functions and composition of the National Arbitration Commission set out in section 48 of Act No. 90-12, the Committee requests the Government to provide examples of situations that have been referred to the National Arbitration Commission.

Articles 2, 3 and 5 of the Convention. Legislative amendments. The Committee recalls that the Government has been referring since 2011 to the process of the adoption of the Act revising the Labour Code and that the Committee’s previous comments referred to the draft text provided by the Government in 2015. In its latest report, the Government refers to a new version of the Labour Code and indicates that the Office’s 2015 comments have been taken into account in this regard. It adds that the new text will be submitted for consultation with the social and economic partners and that the final version will then be submitted to the competent authorities for approval and promulgation. The Committee observes that the Government has not provided a copy of the latest version of the draft Labour Code. The Committee trusts that the comments that it reiterates below have been taken into account in the amendment of the corresponding provisions of the definitive draft text of the Labour Code in order to ensure that it is in conformity with the Convention.

Sections 510 to 512 of the draft text. The Committee notes that sections 510 and 511 refer to organizations in the same occupations, branches or sectors of activity for the purpose of the establishment of unions, federations or confederations. These provisions have the effect of preventing trade unions, irrespective of the sector to which they belong, from establishing federations and confederations of their own choosing, in accordance with Article 5 of the Convention. The Committee requests the Government to amend sections 510 and 511 by removing the reference to the same occupations, branches or sectors of activity, in order to remove any obstacle to the establishment of federations and confederations of their choice by workers’ and employers’ organizations, irrespective of the sector to which they belong.

Section 514. The Committee notes that this provision restricts the right to establish trade unions to persons who are originally of Algerian nationality or who acquired Algerian nationality at least five years earlier. This provision is contrary to Article 2 of the Convention, which recognizes the right to establish and join trade unions or employers’ organizations without distinction, including on the basis of nationality. The Committee requests the Government to amend section 514 so that it recognizes the right of all workers, without distinction on the basis of nationality, to establish trade unions.

Section 517. The Committee requests the Government to clarify the last paragraph of this provision by specifying the publicity requirements applicable to trade unions when they are established.

Section 525. The Committee requests the Government to submit for consultation with the social partners the second paragraph of this provision, which requires the publication in two national daily newspapers, one of which is in a national language, of information on the amendment of statutes or changes in executive committees, so that they may be challenged by third parties.

Section 534. The Committee notes that, under this section, gifts and bequests from foreign trade unions or organizations may only be received following authorization by the public authorities which verify the origin, amount, compatibility with the objective declared by the statutes of the trade union, and the constraints to which they may give rise. This provision is contrary to Articles 3 and 5 of the Convention, under which national workers’ and employers’ organizations should have the right to receive financial assistance from international workers’ and employers’ organizations without being required to obtain prior authorization. The Committee requests the Government to amend section 534 by removing the requirement to obtain prior authorization from the public authorities.

[The Government is asked to reply in full to the present comments in 2022.]

Comments adopted by the CEACR: Algeria

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Legislative issues

Registration of trade unions in practice

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Comments adopted by the CEACR: Algeria

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