Observación (CEACR) - Adopción: 1990, Publicación: 77ª reunión CIT (1990)

The Committee takes note of Presidential Decree No. 89-18 of 28 February 1989 concerning the publication in the Official Gazette of the Republic of Algeria of the revised Constitution adopted by referendum on 23 February 1989.

The Committee notes with interest the amendments to the Constitution which, as the Government stresses in its last report, give statutory effect to the separation of the Party and the State, prepare the way for political pluralism by allowing associations of a political nature to be created, free social and occupational organisations from all accountability in respect of their actions and procedures for the appointment of their officers by excluding any references to the Party and the National Charter.

However, the Committee notes that, while the new Constitution introduces far-reaching political reforms, the status of the right to organise is still not consistent with the requirements of the Convention.

For many years, the Committee's comments have addressed the question of the single-trade-union system instituted by the legislation in favour of the General Federation of Algerian Workers (UGTA), which is designated as the sole central workers' organisation and which has the exclusive right to set up the trade union structure nationwide (Ordinance No. 71-75, 16 November 1971; Ordinance No. 75-31, 29 April 1975; Act No. 78-12, 5 August 1978). The new Act (No. 88-28) of 19 July 1988 respecting the procedures for the exercise of the right to organise incorporates, rather than repealing the former provisions mentioned by the Committee and has therefore not changed the situaton in this respect. Although the right to organise is set forth in the new Constitution in the chapter on the rights and freedoms of citizens, this right can only be exercised to the advantage of the UGTA (sections 9 and 10 of Act No. 88-28). Furthermore, the UGTA has exclusive competence in respect of the establishment, organisation, suspension and dissolution of trade union structures (sections 7 and 8 of Act No. 88-28). In addition, section 6 of Act No. 87-15 of 21 July 1987 respecting associations allows the administrative authority to dissolve an association, which is contrary to Articles 2 and 4 of the Convention. Lastly, in the private sector, competence for collective bargaining is conferred on trade unions established by the UGTA by sections 29 and 31 of Act No. 88-28, and exercise of the right to strike, without the permission of the trade union authorities, is liable to sanctions (section 30 of Act No. 88-28; sections 15 and 21 of Ordinance No. 71-75 of 16 November 1975).

The UGTA also retains its responsibility for the cultural, social and political training of workers (section 4 of Act No. 88-28).

The Committee therefore reminds the Government once again that a trade union monopoly system, when it is established by law, is not consistent with Article 2 of the Convention whose purpose is to enable workers to set up organisations of their own choosing, and Article 8 which provides that the law of the land shall not be such as to impair, nor shall it be so applied as to impair, the guarantees provided for in the Convention. The principle of Article 2 is not intended as an expression of support for either trade union unity or trade union pluralism. However, the Convention implies that pluralism should at least be possible in all cases. Furthermore, under Article 4 of the Convention, workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative authority.

The Committee notes the Government's statement in its last report to the effect that the highly relevant comments made by the Committee of Experts on the provisions of the laws and regulations to give effect to the Convention are a focal point of the discussions taking place in the context of the current constitutional and political reforms. The Committee trusts that these reforms will be pursued with a view to repealing the restrictions imposed by the legislation on the right of workers to establish organisations of their own choosing provided for in Article 2 of the Convention, and the statutory provisions that are contrary to Article 4. The Committee requests the Government to guarantee that all workers have the right, if they so wish, to establish trade unions of their own choosing, outside the established trade union structure, and that such unions shall not be liable to be dissolved by the UGTA or by an administrative decision, and to provide information on the measures taken or under consideration to bring the legislation into conformity with this Convention which was ratified many years ago.