Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 2 and 5(1) of the Convention. Consultation procedures and effective tripartite consultations required by the Convention. The Committee notes the Government’s report and the attached documentation received in reply to its 2009 observation. The Government has sent a copy of the National Economic and Social Pact concluded with the social partners on 30 September 2006. The Committee also notes the detailed record of the 14th tripartite meeting held on 2 and 3 December 2009. In connection with the subjects referred to in the Convention, the Government recalls that it fulfils its obligations with regard to submission to Parliament of the instruments adopted by the Conference, and that copies of the reports due under article 22 of the Constitution are communicated to the workers’ and employers’ organizations, which receive the documentation relating to the agenda of the Conference. The Committee requests the Government to supply up-to-date information in its next report on the “effective” consultations held on all matters relating to international labour standards covered by the Convention. Please indicate the procedures that ensure such effective consultations and the nature of any report or recommendation resulting from these consultations.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 2 and 5, paragraph 1, of the Convention. Consultation procedures and effective tripartite consultations required by the Convention. The Committee notes the brief information provided by the Government in its report received in May 2008. The Government indicates that the reports transmitted to the ILO concerning the application of international labour Conventions, and the replies to the observations of the Committee of Experts, are transmitted by the public authorities to the most representative social partners, and that consultations between the Government and the social partners are held in the context of the meetings of a body that has existed since 1991. The Committee notes the Government’s statement that the draft Labour Code will include a clarification of the procedures through which tripartite consultations are ensured on international labour standards. The Committee refers to its previous comments and requests the Government to provide detailed and relevant information on the tripartite consultations held during the period covered by the next report on each of the items covered by Article 5(1) of the Convention (questionnaires concerning items on the agenda of the Conference, submission of instruments adopted by the Conference to the National Assembly, ratification prospects, reports to be made on the application of ratified Conventions and the denunciation of Conventions).

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Articles 3, 4, paragraph 1, and 6, of the Convention. Working of consultation mechanisms. The Committee notes the Government’s report received in June 2007 which contains information on the manner in which employers’ and workers’ representatives are chosen for the purposes of the Convention and on the administrative support provided by the Ministry of Labour and Social Security. The Committee once again asks the Government to provide information concerning the tripartite consultations held on the preparation of annual reports concerning the working of consultation procedures, indicating the outcome of these consultations, as required under Article 6 of the Convention.

2. Article 2. Strengthening social dialogue. Tripartite consultations required under the Convention. In its report, the Government states that a bipartite meeting between the Government and the General Federation of Algerian Workers (UGTA) was held on 3 July 2006 and that a tripartite meeting was held on 30 September and 1 October 2006. These meetings led to the adoption of a number of measures, some of which were taken up by the 2006 Supplementary Finance Act (sections 29 and 30 of Order No. 06-04 of 15 July 2006). Moreover, a National Economic and Social Pact and collective agreements have been concluded. In its previous comments, the Committee noted the Government’s intention to establish a tripartite body specifically covering matters relating to international labour standards. The Committee once again asks the Government to provide, in its next report, information on the progress made in setting up procedures to ensure effective tripartite consultations on international labour standards.

3. Article 5, paragraph 1. Matters covered by the Convention. The Committee notes that the Government states in its report that the questionnaire on work in the fishing sector and the draft Convention and Recommendation on Work in Fishing were submitted to the national and regional Fisheries and Aquaculture Chambers. The Committee notes that the Government’s report does not contain any information on the tripartite consultations required on the other matters listed in Article 5, paragraph 1, of the Convention, namely: (c) the re-examination at regular intervals of unratified Conventions; (d) questions on reports to be made to the ILO under article 22 of the ILO Constitution; and (e) proposals for the denunciation of ratified Conventions. The Committee trusts that the Government’s next report will contain detailed information on all the tripartite consultations held during the period covered by the next report on international labour standards (questionnaire on the agenda of the Conference, submission to the National Assembly of instruments adopted by the Conference, ratification prospects, reports to be made on the application of ratified Conventions, and denunciation of Conventions).

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Tripartite consultations required by the Convention. In a report received in May 2005, the Government indicates that it communicates documents and working papers on a regular and systematic basis to the representative organizations in accordance with article 23 of the ILO Constitution. In this respect, the Committee once again draws the Government’s attention to the fact that the obligation to consult set forth in Article 5, paragraph 1(d), goes beyond the obligation to communicate reports under article 23, paragraph 2, of the ILO Constitution, as it consists of holding consultations on any problems which may arise out of such reports (paragraph 92 of the General Survey of 2000 on tripartite consultation, ILC, 88th Session). The Committee once again requests the Government to provide full and detailed information on the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention during the period covered by the next report, specifying their subject and frequency and the nature of any reports or recommendations resulting from the consultations.

2. Effective tripartite consultations. The Government indicates that bipartite and tripartite meetings are organized regularly on economic and social issues relating to the concerns of the social partners. The Government refers, by way of illustration, to the tripartite meeting held on 3 and 4 March 2005, which resulted in the formulation of a national economic and social pact to which all the social partners adhered. The Committee takes due note of this information and recalls that in the past the Government had envisaged the establishment of a tripartite body specifically covering matters relating to international labour standards. It once again trusts that the Government’s next report will indicate that real progress has been achieved in this respect and encourages the Government to consult the representative organizations on the nature and form of the procedures to ensure effective consultations within a tripartite body (Article 2 of the Convention).

3. Free choice of representatives and equality of representation. With reference to its previous comments, the Committee requests the Government to describe in detail the manner in which the representatives of the General Federation of Algerian Trade Unions (UGTA) are chosen for workers, and those of the General Confederation of Algerian Economic Operators (CGOEA), the National Confederation of Algerian Employers (CNPA) and the Algerian Confederation of Employers (CAP) for employers for the purposes of this Convention and to indicate the measures taken to ensure their representation on an equal footing on any bodies through which consultations are undertaken (Article 3).

4. Administrative support. The Committee recalls that this administrative support includes, among other elements, making meeting rooms available, correspondence and, where appropriate, the assistance of a secretariat (paragraph 124 of the General Survey of 2000 on tripartite consultation) and it requests the Government to describe the manner in which such support is provided, with an indication of the authority that is competent in this field (Article 4, paragraph 1).

5. Financing of training. The Committee recalls that, where training for participants in the consultations proves to be necessary to enable them to perform their functions effectively, its financing should be provided through appropriate arrangements between the Government and the representative organizations (paragraphs 125 and 126 of the General Survey of 2000 on tripartite consultation). It once again requests the Government to indicate whether such arrangements have been made and, if so, to describe them (Article 4, paragraph 2).

6. Operation of the consultation procedures. The Committee recalls that Article 6 does not impose an obligation to issue an annual report, but that it does require tripartite consultations to be held on whether or not such a report should be issued. The General Survey of 2000 indicates in this respect that the annual report could, for example, include information on the composition of the consultative bodies, the number of meetings, their agenda, the proposals made and the conclusions reached (paragraph 131). The Committee once again requests the Government to indicate whether the representative organizations have been consulted on this matter, with an indication, where appropriate, of the outcome of these consultations.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Tripartite consultations required by the Convention. In a brief report received in August 2004, the Government indicates that the opinion of the social partners is sought in the context of article 19 of the Constitution of the ILO, and on ratified and unratified Conventions and any labour instrument relating to Article 5 of the Convention. The Government adds that it regularly and systematically transmits labour documents and instruments to the representative organizations in accordance with article 23 of the Constitution of the ILO. In this respect, the Committee draws the Government’s attention to the fact that the obligation of consultation set forth in Article 5, paragraph 1(d), goes beyond the obligation to communicate reports under article 23, paragraph 2, of the ILO Constitution, as it consists of holding consultations on any problems which may arise out of such reports (paragraph 92 of the General Survey of 2000 on tripartite consultation, ILC, 88th Session). The Committee once again requests the Government to provide full and detailed information on the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention during the period covered by the next report, specifying their purpose and frequency and the nature of any reports or recommendations resulting from the consultations.

2. Effective tripartite consultations. The Committee recalls the comments that it has been making for several years in which it noted that the Government was envisaging the establishment of a tripartite body specifically entrusted with matters relating to international labour standards. It once again trusts that the Government’s next report will indicate that real progress has been achieved in this respect and encourages the Government to consult the representative organizations on the nature and form of the procedures which ensure effective consultations within a tripartite body (Article 2 of the Convention).

3. Free choice of representatives and equality of representation. The Committee requests the Government to describe precisely the manner in which the representatives of the General Federation of Algerian Trade Unions (UGTA) are chosen for workers, and those of the General Confederation of Algerian Economic Operators (CGOEA), the National Confederation of Algerian Employers (CNPA) and the Algerian Confederation of Employers (CAP) for employers for the purposes of this Convention and to indicate the measures taken to ensure their representation on an equal footing on any bodies through which consultations are undertaken (Article 3).

4. Administrative support. The Committee recalls that this administrative support includes, among other elements, making meeting rooms available, correspondence and, where appropriate, the assistance of a secretariat (paragraph 124, of the General Survey of 2000 on tripartite consultation) and it requests the Government to describe the manner in which such support is provided, with an indication of the authority that is competent in this field (Article 4, paragraph 1).

5. Financing of training. The Committee recalls that, where training for participants in the consultations proves to be necessary to enable them to perform their functions effectively, its financing should be provided through appropriate arrangements between the Government and the representative organizations (paragraphs 125 and 126 of the General Survey of 2000 on tripartite consultation). It requests the Government to indicate whether such arrangements have been made and, if so, to describe them (Article 4, paragraph 2).

6. Operation of the consultation procedures. The Committee recalls that Article 6 does not impose an obligation to issue an annual report, but it does require tripartite consultations to be held on whether or not such a report should be issued. The General Survey of 2000 indicates in this respect that the annual report could, for example, include information on the composition of the consultative bodies, the number of meetings, their agenda, the proposals made and the conclusions reached (paragraph 131). The Committee requests the Government to indicate whether the representative organizations have been consulted on this matter, with an indication, where appropriate, of the outcome of these consultations.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

1. The Committee notes the Government’s report covering the period ending June 2000. In reply to the direct request of 2000, the Government indicates that regular consultations are held with the most representative organizations of employers and workers in the framework of tripartite dialogue and negotiations, and it refers by way of illustration to the sessions of the National Economic and Social Council and the broad national conferences. Furthermore, the Government once again indicates that it envisages the long-term establishment of a tripartite body specifically entrusted with matters relating to international labour standards. The Committee trusts that the Government’s report will indicate that real progress has been achieved in this respect and encourages the Government to consult the representative organizations, in accordance with Article 2, paragraph 2, of the Convention, on the nature and form of the consultation procedures to be operated within this tripartite body. The Committee therefore hopes that in future the Government will be able to provide full and detailed information in reply to each of the questions raised in the report form under Articles 2, 3, 4 and 6 of the Convention.

2. With regard to the application of Article 5, the Committee notes the brief indication that consultations are held in the framework of tripartite dialogue on all the matters set out in paragraph 1. It requests the Government to provide detailed information on the consultations held during the period covered by the next report, including particulars of the frequency of these consultations, with an indication of the nature of any reports or recommendations made as a result.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the Government’s report covering the period ending June 2000. In reply to the direct request of 2000, the Government indicates that regular consultations are held with the most representative organizations of employers and workers in the framework of tripartite dialogue and negotiations, and it refers by way of illustration to the sessions of the National Economic and Social Council and the broad national conferences. Furthermore, the Government once again indicates that it envisages the long-term establishment of a tripartite body specifically entrusted with matters relating to international labour standards. The Committee trusts that the Government’s report will indicate that real progress has been achieved in this respect and encourages the Government to consult the representative organizations, in accordance with Article 2, paragraph 2, of the Convention, on the nature and form of the consultation procedures to be operated within this tripartite body. The Committee therefore hopes that in future the Government will be able to provide full and detailed information in reply to each of the questions raised in the report form under Articles 2, 3, 4 and 6 of the Convention.

2. With regard to the application of Article 5, the Committee notes the brief indication that consultations are held in the framework of tripartite dialogue on all the matters set out in paragraph 1. It requests the Government to provide detailed information on the consultations held during the period covered by the next report, including particulars of the frequency of these consultations, with an indication of the nature of any reports or recommendations made as a result.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report which provides elements of information in reply to its direct request of 1998. The Government indicates, without other details, that regular consultations are held with the most representative organizations of employers’ and workers’ on all economic and social issues, and particularly those relating to labour legislation and the matters set out in Article 5, paragraph 1, of the Convention. The Government also states that it envisages the establishment of a tripartite body specifically entrusted with matters relating to international labour standards. The Committee welcomes this information and encourages the Government to consult the representative organizations, in accordance with Article 2, paragraph 2, on the nature and form of the consultation procedures to be established. The Government is requested to provide any relevant information on the progress achieved in this respect.

The Committee is, however, of the opinion that the Government’s report does not in general terms provide any new information enabling it to assess fully the manner in which effect is given to the various provisions of the Convention to which it referred in its previous comments. It therefore once again requests the Government to provide a report replying in a full and detailed manner to each of the questions in the report form under Articles 2, 3, 4, 5 and 6 of the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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

The Committee notes the Government's first report on application of the Convention and, in particular, the information concerning the establishment in 1993 of the National Economic and Social Council as well as the information on its composition, functions and operation. The Committee notes however that, overall, the information contained in the report does not allow it to ascertain fully the effect given to the provisions of the Convention.

Recalling that the Convention covers primarily tripartite consultations to promote the implementation of international labour standards, the Committee requests the Government to provide detailed replies in its next report to the questions raised in the report form under each Article, taking into account the following indications.

Article 2 of the Convention. Please describe how the nature and form of the procedures followed by the National Economic and Social Council ensure that effect is given to this Article of which paragraph 1 requires that the consultations stipulated by the Convention must address all the subjects listed in Article 5, paragraph 1. Consultation procedures must be effective, that is, they must enable employers' and workers' organizations to make valid comments on the subject in question. The consultations must therefore be held prior to the Government's taking a decision.

Article 3. Please supply information on the measures taken to ensure that employers' and workers' organizations are represented on an equal footing at consultations on international labour standards.

Article 4. Please describe the manner in which the administrative support of the procedures provided for in the Convention is supplied and indicate whether arrangements have been taken or are contemplated on the basis of paragraph 2 for the financing of any necessary training of participants in the consultative procedures.

Article 5, paragraph 1. The Government does not indicate whether discussions have been held in the above-mentioned Council or one of its standing committees in relation to the matters covered by this Article. Please provide particulars of the consultations held on each of the subjects mentioned below, including information on their frequency and the nature of any reports or recommendations made. In this connection, the Committee recalls that some of the subjects (replies to questionnaires, submissions to the competent authorities, reports to be submitted to the ILO) require yearly consultation, whereas others (re-examination of unratified Conventions and Recommendations, proposals for the denunciation of ratified Conventions) need less frequent review.

Subparagraph (a) (Items on the agenda of the International Labour Conference). Under this provision, the Government is required to consult the representative organizations of employers and workers before drafting the final text of its replies to ILO questionnaires. These consultations should cover not only replies to the questionnaires sent in preparation for a first discussion, but also the Government's comments on draft texts drawn up by the ILO as a basis for the second discussion.

Subparagraph (b) (Submission of Conventions and Recommendations to the competent authorities). On this point the Convention goes beyond the obligation to submit laid down in article 19 of the ILO Constitution and requests governments to consult the representative organizations before finalizing its proposals to the competent authority in regard to the Conventions and Recommendations which must be submitted to it. An exchange of views or information after the instruments have been submitted to the competent authority does not therefore meet the purpose of the Convention.

Subparagraph (c) (Re-examination of unratified Conventions and Recommendations). The purpose of tripartite consultations on this subject is to promote the implementation of international labour standards by allowing the Government to envisage the measures which might be taken, through changes in national legislation and practice, to facilitate the ratification of a Convention or the application of a Recommendation which it was unable to put into effect at the time of submission.

Subparagraph (d) (Reports on ratified Conventions). This provision goes beyond the reporting obligation laid down in article 23, paragraph 2, of the Constitution. It requires consultations on problems that may arise out of reports on the application of ratified Conventions due under article 22. As a rule such consultations concern the substance of a reply to the comments of the supervisory bodies.

Article 6. This provision requires the Government to consult the representative organizations of employers and workers on the need to produce an annual report on the working of the procedures provided for in the Convention. Please hold relevant consultations in the near future or, if this has been done, supply information on their outcome.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's first report on application of the Convention and, in particular, the information concerning the establishment in 1993 of the National Economic and Social Council as well as the information on its composition, functions and operation. The Committee notes however that, overall, the information contained in the report does not allow it to ascertain fully the effect given to the provisions of the Convention.

Recalling that the Convention covers primarily tripartite consultations to promote the implementation of international labour standards, the Committee requests the Government to provide detailed replies in its next report to the questions raised in the report form under each Article, taking into account the following indications.

Article 2 of the Convention. Please describe how the nature and form of the procedures followed by the National Economic and Social Council ensure that effect is given to this Article of which paragraph 1 requires that the consultations stipulated by the Convention must address all the subjects listed in Article 5, paragraph 1. Consultation procedures must be effective, that is, they must enable employers' and workers' organizations to make valid comments on the subject in question. The consultations must therefore be held prior to the Government's taking a decision.

Article 3. Please supply information on the measures taken to ensure that employers' and workers' organizations are represented on an equal footing at consultations on international labour standards.

Article 4. Please describe the manner in which the administrative support of the procedures provided for in the Convention is supplied and indicate whether arrangements have been taken or are contemplated on the basis of paragraph 2 for the financing of any necessary training of participants in the consultative procedures.

Article 5, paragraph 1. The Government does not indicate whether discussions have been held in the above-mentioned Council or one of its standing committees in relation to the matters covered by this Article. Please provide particulars of the consultations held on each of the subjects mentioned below, including information on their frequency and the nature of any reports or recommendations made. In this connection, the Committee recalls that some of the subjects (replies to questionnaires, submissions to the competent authorities, reports to be submitted to the ILO) require yearly consultation, whereas others (re-examination of unratified Conventions and Recommendations, proposals for the denunciation of ratified Conventions) need less frequent review.

Subparagraph (a) (Items on the agenda of the International Labour Conference). Under this provision, the Government is required to consult the representative organizations of employers and workers before drafting the final text of its replies to ILO questionnaires. These consultations should cover not only replies to the questionnaires sent in preparation for a first discussion, but also the Government's comments on draft texts drawn up by the ILO as a basis for the second discussion.

Subparagraph (b) (Submission of Conventions and Recommendations to the competent authorities). On this point the Convention goes beyond the obligation to submit laid down in article 19 of the ILO Constitution and requests governments to consult the representative organizations before finalizing its proposals to the competent authority in regard to the Conventions and Recommendations which must be submitted to it. An exchange of views or information after the instruments have been submitted to the competent authority does not therefore meet the purpose of the Convention.

Subparagraph (c) (Re-examination of unratified Conventions and Recommendations). The purpose of tripartite consultations on this subject is to promote the implementation of international labour standards by allowing the Government to envisage the measures which might be taken, through changes in national legislation and practice, to facilitate the ratification of a Convention or the application of a Recommendation which it was unable to put into effect at the time of submission.

Subparagraph (d) (Reports on ratified Conventions). This provision goes beyond the reporting obligation laid down in article 23, paragraph 2, of the Constitution. It requires consultations on problems that may arise out of reports on the application of ratified Conventions due under article 22. As a rule such consultations concern the substance of a reply to the comments of the supervisory bodies.

Article 6. This provision requires the Government to consult the representative organizations of employers and workers on the need to produce an annual report on the working of the procedures provided for in the Convention. Please hold relevant consultations in the near future or, if this has been done, supply information on their outcome.