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

The Committee notes the Government’s report. The Committee also notes the comments made by the International Confederation of Free Trade Unions (ICFTU), dated 31 August 2005, on the application of the Convention, which refer to matters already raised by the Committee, as well as to acts of harassment and the arrest of trade unionists from workers’ organizations in the public sector (the central public administration, firefighters, the university hospital). The Committee requests that the Government provide its observations in this respect.

The Committee regrets that the Government does not refer in its report to the matters raised in its previous observation. Under these conditions, the Committee reiterates its previous comments and, in particular, asks the Government to:

–      provide clarifications on the effect given in practice to section 8 of Act No. 19-14, and in particular on the following aspects: the grounds on which the registration of trade union organizations may be refused, the related provisions, and their practical implications for the existence and functioning of an occupational organization and the right of appeal of such organizations against a refusal of their registration or the absence of acknowledgement of registration within the prescribed time limit;

–      provide precise information on the manner in which the issue of the registration of the Algerian Confederation of Autonomous Trade Unions (CASA) has finally been resolved;

–      limit the scope of Legislative Decree No. 92-03 of 30 September 1992 (section 1 of which, read together with sections 3, 4 and 5, defines as “subversive acts” offences directed, in particular, against the stability and normal functioning of institutions through any action intended to: (1) obstruct the operation of establishments providing public services; or (2) impede traffic or freedom of movement in public places or thoroughfares, under penalty of severe sanctions, which include imprisonment for up to 20 years), through the adoption of legislative measures or regulations which have the effect of ensuring that this text may not in any event be applied to workers who have exercised the right to strike peacefully;

–      amend section 43 of Legislative Degree No. 90-02, of 6 February 1990, which bans strikes not only in essential services the interruption of which would endanger the life, personal safety or health of the population, but also where the strike is likely to give rise to a serious economic crisis, with collective disputes in such cases being subject to the conciliation and arbitration procedures provided for by the law, and section 48, which authorizes the Minister or the competent authority, where the strike persists and after the failure of mediation, to refer a dispute to the arbitration commission after consultation of the employer and the workers’ representatives; and

–      inform the Committee of the progress made by the National Commission for the Reform of State Institutions, and provide any documentation on this subject, including any draft legislation respecting the conditions of service of the public servants.

The Committee hopes that the Government will take the necessary measures to make the changes indicated above to bring the legislation into conformity with the Convention and asks the Government to transmit any legislative text adopted or envisaged in this regard.