Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Algérie (Ratification: 1969)

Autre commentaire sur C105

Observation

Demande directe

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Article 1(a) of the Convention. Imprisonment involving compulsory labour as a penalty for expressing political views or opposition to the established political, social or economic system. Associations Act. For a number of years, the Committee has been drawing the Government’s attention to the provisions of the Associations Act (No. 12-06 of 12 January 2012). It observed that section 39 of the Act provides that an association may be suspended or dissolved “in the event of interference in the internal affairs of the country or an attack on national sovereignty” and that section 46 provides that “any member or leader who continues to act on behalf of an association which is neither registered nor approved, or is suspended or dissolved” shall be liable to a fine and imprisonment of three to six months. The Committee emphasized that, on the basis of the above-mentioned provisions of Act No. 12-06, persons could be liable to imprisonment and hence be subjected to prison labour for the reason that, in expressing certain political views or ideological opposition to the established political, social or economic system, they did not observe the restrictions on the right of association established in the Act.

The Committee notes the detailed explanations provided by the Government in its report on the procedure for the dissolution of associations. It notes the Government’s indications that the penalties established by section 46 of Act No. 12-06 have a preventive purpose, seeking to dissuade any person who might wish to be active in associations that are not legally constituted or have been suspended or dissolved. Moreover, refusal to accept the founding declaration of an association whose documentation is not in conformity with the law does not deprive its founding members of their rights, including the right to hold peaceful meetings, which are simply subject to notification to the competent administrative authority. Moreover, the Committee notes that the United Nations Office of the High Commissioner for Human Rights (OHCHR), in its 2017 “Compilation on Algeria”, noted that civil society organizations faced several restrictions following the adoption of the Associations Act (Act No. 12-06 of 12 January 2012). The Act provides the authorities with broad leeway to refuse to register an association (A/HRC/WG.6/27/DZA/2, paragraph 27). Referring to its 2012 General Survey on the fundamental Conventions, the Committee recalls that the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The activities which must be protected from punishment involving forced or compulsory labour include the rights of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion (paragraph 302). The Committee therefore requests the Government to take the necessary steps to ensure that sections 39 and 46 of the Associations Act (No. 12-06 of 12 January 2012) cannot be used to penalize persons who, through exercising their right of association, express political views or views ideologically opposed to the established political, social or economic system. The Committee also requests the Government to provide information on the application in practice of the above-mentioned provisions, to send copies of any relevant court decisions and to indicate the nature of any offences recorded and the penalties imposed.

The Committee is raising other matters in a request addressed directly to the Government.