Effect given to the recommendations of the committee and the Governing Body - Report No 353, March 2009

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

1. 16. This case was last examined by the Committee at its November 2007 session and concerns allegations of obstacles to the establishment of trade union organizations and a trade union confederation and to the exercise of trade union rights, anti-union dismissals, anti-union harassment by the public authorities, and the arbitrary arrest and detention of union members [see 348th Report, paras 16–27]. On that occasion, the Committee requested the Government: to provide a copy of the Supreme Court decision on the dispute between different factions within the National Autonomous Union of Public Administration Staff (SNAPAP); to take clear and unequivocal measures rapidly, regarding the competent authorities, in order to ensure that in the future they do not demand in practice, in order to determine the threshold for the representativeness of trade union organizations, a list of names of the organization’s members and copies of their membership cards; to take the necessary steps to determine the representativeness of the SNAPAP, should the latter make such a request and, in the event that all the elements determining the representativeness of the SNAPAP are provided, to recognize all those rights going hand in hand with the granting of trade union status, and in particular the right of its leaders to exercise activities involving the representation and defence of the interests of the members of the trade union organization; to keep it informed of any rulings issued concerning Mr Rabah Mebarki and Mr Mourad Tchiko and of any measures taken by the employer in this regard; to keep it informed regarding the appeal pending and any decision reached on the matter of the seven workers dismissed from the Prefecture of Oran for having protested on the premises of the Prefecture; and lastly, to keep it informed of the outcome of the review of section 4 of Act No. 90-1, of 2 June 1990, with a view to finding an improved wording for the notion of federation, union or confederation [see 348th Report, paras 21–26].
2. 17. The Committee notes that in a communication dated 29 May 2008, SNAPAP sent additional information on the matter of follow-up to the Committee’s recommendations. The SNAPAP, referring to the Government’s last statements to the effect that it was unable to provide any information on the union’s representativeness, states that in fact the National Union of Civil Protection – National Autonomous Union of Public Administration Staff (UNPC–SNAPAP) as early as 16 July 2003 had shown the authorities that its membership was such as to take its representativeness over the legal 20 per cent threshold, and that on that basis the UNPC had obtained facilities for its trade union activities, including detached duty arrangements for its officers, collaboration from the prefecture directors and the chief of the National Education and Intervention Unit, premises and the right to participate in the work of the commission set up to revise the special draft regulations concerning civil protection agents.
3. 18. The complainant organization, however, claims to be the victim of a conspiracy involving the General Directorate for Civil Protection and the General Federation of Algerian Workers (UGTA), which aims to prevent the exposure of questionable management of social programmes and even misuse of funds. This, it is claimed, is what prompted the National Directorate to break off all dialogue with the UNPC–SNAPAP.
4. 19. The SNAPAP once again refers to the situation of a number of delegates who were allegedly dismissed and suffered anti-union harassment. They were: Mr Nasserdine Chibane, Ms Fatima Zohra Khaled, Mr Mourad Tchikou, Mr Mohamed Hadj Djilani and Mr Rabah Mebarki [see 344th Report, paras 16 and 17; and 348th Report, para. 18]. As regards Mr Mohamed Hadj Djilani, who as the Committee noted had been sentenced to one month’s imprisonment for slander, the SNAPAP states that he has appealed to the Supreme Court and is still awaiting a ruling in the proceedings initiated by the government-supported faction. The complainant organization also refers to the dismissal of Mr Keddour Houari (member of the National Council for Health – SNAPAP) from the health administration on 6 March 2006 for trade union activities, without referral to the Disciplinary Commission or any recourse to the remedies provided for by law.
5. 20. The SNAPAP also refers to police repression of the trade union section representing workers in Béjaia prefecture, who were forbidden to hold general meetings and whose general secretary Sadek Sadou is suspended from his post, without pay, since June 2007, and is being prosecuted for his trade union activities.
6. 21. As for the Committee’s recommendations regarding instructions to the competent authorities aimed at avoiding in future a situation in which they are able to require in practice the list of members of a trade union and copies of their membership cards in order to determine the union’s representativeness, the complainant organization indicates that no action has been taken by the authorities which, furthermore, do not follow up requests made by the UNPC–SNAPAP on this subject. The authorities even allegedly continue to demand the list of members’ names in the case of certain trade union sections.
7. 22. Lastly, the complainant organization states that the attitude of the authorities towards it remains hostile because it has complained to the ILO’s supervisory bodies and refuses to take a political stance in elections. Its appeals to the relevant state bodies are ignored, its officers are subjected to harassment at the workplace, and the SNAPAP subsidy is diverted to the other faction within the organization, even before the court has given a definitive ruling on the dispute. The SNAPAP states that it expects nothing from a justice system, which, in its view, is biased and docile and disregards both national law and international conventions.
8. 23. The Government has transmitted a copy of a communication received on 4 November 2008 in response to new observations from the complainant organization.
9. 24. As regards the situation of trade union delegates in respect of whom the Committee had previously asked the Government to provide copies of the relevant court rulings, the Government states that: Mr Tchikou was subjected to disciplinary sanctions involving a transfer to a different prefecture and was notified in April 2005 of a court action initiated by his employer; Mr Mebarki was informed by the civil protection authorities of the complaint made against him and is still awaiting a court ruling.
10. 25. With regard to the officials whose names are given for the first time in the most recent communication from the complainant organization, the Government states that: Mr Keddour Houari (member of the National Health Council – SNAPAP) was transferred to the El Abiodh Medjadja health centre following the receipt of a letter from the SNAPAP (signed by Mr Malaoui) informing him of the dissolution of the trade union organization to which he had been assigned to carry on his mandate. As Mr Houari had still not returned to his post several months later, the administration of the establishment started proceedings against him for abandoning his post which resulted in a dismissal order on 6 March 2006; Mr Sadek Sadou (General Secretary of the trade union section representing workers in Béjaia prefecture) appeared on a number of occasions before the disciplinary council for offences including coming to work drunk, lack of courtesy in dealing with the public, breaches of general discipline, refusing to remain on duty, disregard for work timetables and insubordination. For these reasons, Mr Sadou was suspended on 6 July 2007 and appeared before the Joint Commission which decided to transfer him, a decision subsequently upheld by the Appeals Commission of the prefecture. Lastly, in view of Mr Sadou’s refusal to take up his new post in the subprefecture of Kharrata, dismissal proceedings were initiated and the dismissal was confirmed on 2 October 2007 by the General Directorate of the Civil Service. Mr Sadou has lodged a judicial appeal and requested the suspension of all sanctions until such time as a definitive decision is forthcoming.
11. 26. As regards the Committee’s recommendations concerning the representativeness of the SNAPAP, the Government refers to its previous replies on the subject and states that the National Trade Union of Civil Protection Agents affiliated to the CGTA is regarded as the oldest civil protection union with a total membership in 2004–05 of nearly 9,303, making it the representative union in that administration within the meaning of section 37 of Act No. 90-14 of 2 June 1990 concerning procedures for exercising trade union rights.
12. 27. The Government states that holding trade union office does not dispense individuals from the duty to meet obligations arising from their status as civil servants, and a reminder by the administration of Béjaia prefecture of the rules relating to hours of work and general discipline should not be construed as interference in union activities.
13. 28. With regard to the internal dispute between different SNAPAP factions of which it had been informed previously, the Committee notes that no information has been provided by the complainant organization or by the Government on any resolution of the dispute by, in particular, a ruling of the Supreme Court. The Committee again expresses its concern at a situation that has been going on since 2003 and has been examined by the Committee for a number of years. The Committee trusts that the Supreme Court will hand down a definitive ruling in the near future so as to resolve this internal dispute, and that the Government will communicate a copy of that decision as soon as it has been handed down as well as information on any follow-up action.
14. 29. The Committee also notes with regret that the Government does not provide any information with regard to its recommendations on the clear and unequivocal measures to be taken in respect of the competent authorities in order to ensure in future that they cannot in practice require the list of names of an organization’s members and copies of their membership cards in order to determine the organization’s representativeness. It notes with concern the statement of the SNAPAP to the effect that the authorities still require such information from some trade union sections. Recalling the risk of reprisals and anti-union discrimination, the Committee urges the Government to take the necessary measures to ensure that such information could no longer be required by the authorities. The Government is requested once again to keep the Committee informed of measures adopted in this regard.
15. 30. As regards the situation of a number of the SNAPAP delegates, in particular Mr Mourad Tchikou and Mr Rabah Mebarki, in the absence of any information on the expected judicial rulings, the Committee trusts that definitive rulings will be handed down by the competent courts in the near future and that the Government will keep it informed of any follow-up action taken by the employer and the situation of the trade unionists concerned following those rulings. The Committee requests the Government or the complainant organization to supply information on any ruling by the Supreme Court on the legal proceedings initiated against Mr Mohamed Hadj Djilani by the second faction within the SNAPAP and to indicate whether Mr Keddour Houari, following his dismissal for abandoning his post in March 2006, instigated legal proceedings to challenge that decision. Lastly, with regard to the appeal lodged by Mr Sadek Sadou and his application to suspend the disciplinary sanctions against him, the Committee requests the Government to keep it informed of the outcome. The Committee recalls that justice delayed is justice denied [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 105].
16. 31. The Committee notes additional information sent by the SNAPAP in communications dated 28 January, and 2 and 5 February 2009. It requests the Government to provide its observations thereon.