Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Algeria (Ratification: 1969)

Other comments on C111

Observation

Direct Request

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Article 2 of the Convention. National equality policy. Promoting equality and combating discrimination on grounds other than sex established in Article 1(1)(a). The Committee recalls that the main obligation for States that have ratified the Convention is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination in respect thereof. The Committee notes with regret that, despite its repeated requests, the Government has not provided any information on this matter. Referring to its observation, the Committee recalls that Act No. 90-11 of 21 April 1990 on labour relations does not prohibit discrimination on the grounds of race, colour or national extraction, and that the draft Bill issuing the Labour Code (October 2015 version) adds national extraction, but omits race and colour. The Committee draws the Government’s attention to the fact that the national equality policy that States are required to develop and pursue presupposes the adoption of a range of specific measures, often comprising a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute settlement and enforcement mechanisms, specialized bodies, practical programmes and awareness-raising activities. This policy must cover all the grounds of discrimination specified by the Convention and all workers. With regard to the increase in migration in recent years, the Committee would like to draw the Government’s attention to the fact that migrant workers are particularly vulnerable to prejudice and differences in treatment in the labour market on grounds such as race, colour and national extraction, which are often combined with other grounds such as sex and religion (see the 2012 General Survey on the fundamental Conventions, paragraphs 776 and 848–849). The Committee asks the Government to indicate the way in which it ensures that workers, including migrant workers, are protected against any discrimination on the grounds of race, colour or national extraction in practice. It once again urges the Government to provide information on the specific steps taken or envisaged, in collaboration with employers’ and workers’ organizations, to combat discrimination and promote equality in employment and occupation without any distinction on the basis of race, colour, national extraction, religion, political opinion or social origin.

Promoting and ensuring the application of the Convention. In the absence of information on this matter in the Government’s report, the Committee once again asks the Government to provide information on the inspections carried out by the labour inspectorate and the complaints received by inspectors with concerning discrimination in employment and occupation, and their outcome, and to specify the grounds concerned. It also asks the Government to provide information on: (i) all steps taken to inform and raise awareness among workers, employers and their respective organizations, and the general public, of the principles of non-discrimination and equality in employment and occupation; and (ii) any training provided to judges and labour inspectors on the detection and treatment of contraventions relating to equality, the elimination of discrimination and the promotion of equality in employment and occupation.