Effect given to the recommendations of the committee and the Governing Body - REPORT_NO355, November 2009

Effect given to the recommendations of the Committee and the Governing Body

1. 14. The case involves allegations of obstacles to the establishment of trade union organizations and a trade union confederation, anti-union dismissals, anti-union harassment by the public authorities, and the arbitrary arrest and detention of union members, dating back to 2003 [see 353rd Report, paras 16–31, March 2009].
2. 15. In its responses, received by the ILO on 10 March and 27 May 2009, the Government states that on 3 December 2008 the Social Law Chamber of the Supreme Court upheld the rulings issued by previous courts recognizing Mr Belkacem Felfoul, as the legitimate Secretary-General of the National Autonomous Union of Public Administration Staff (SNAPAP), Mr Felfoul having been democratically elected to his post during the organization’s congress (held in Algiers on 25 and 26 May 2004).
3. 16. The Committee takes note of this information.
4. 17. With regard to the Committee’s recommendations on the clear and unequivocal measures to be taken by the Government in respect of those authorities that continue to require the list of names of an organization’s members and copies of their membership cards in order to determine the organization’s representativeness, the Government reiterates the information it provided in March 2007 at which time it indicated that Act No. 90-14 of 2 June 1990, in its amended form, states that in the framework of a single employer, those trade unions shall be considered as representative that group together at least 20 per cent of all employees covered by the statutes of the said trade union organizations or provide at least 20 per cent of the elected officials on the participation committee, should such a body exist within the framework of the employer, while requiring that said trade union organizations inform the Ministry of Labour and Social Security of the size of their membership and the amount of their trade union dues on 31 March of each year. The Act does not require trade union organizations to present lists of the names of their members in order to prove their representativeness.
5. 18. The Government reiterates that trade union organizations are in no way required to provide lists of the names of their members or copies of their membership cards in order to determine an organization’s representativeness and that, in any case, the complainant organization is quite free to present documentation supporting requests for lists of the names of trade union members or copies of their membership cards made by those authorities which continue to insist on such information being provided.
6. 19. The Committee takes note of this information.
7. 20. The Committee notes the Government’s assurance that it will keep the Committee informed of any definitive rulings issued concerning Mr Hadj Djilani Mohamed, Mr Houari Kaddour and Mr Sadou Sadek. The Committee again recalls the importance it attaches to the protection of trade unionists and trade union leaders against anti-union reprisals. The Committee is bound to emphasize that justice delayed is justice denied, and expresses the firm hope that the Government will keep it informed of any measures taken by the employers to implement judicial decisions.
8. 21. The Committee further requests the Government and the complainant organization to communicate the rulings handed down concerning Mr Mourad Tchikou and Mr Rabah Mebardki, SNAPAP delegates, who were subjected to anti-union harassment, and to indicate whether such judicial decisions are still pending.