Effect given to the recommendations of the committee and the Governing Body - Report No 362, November 2011

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

1. 13. The Committee last examined this case at its November 2010 meeting [see 358th Report, paras 13–14]. On that occasion, the Committee reiterated its recommendations and urged the Government to inform it without delay of the final judicial decisions handed down concerning the following trade union members and officials: Mr Hadj Djilani Mohamed, who had been dismissed, had suffered anti-union harassment, and had been sentenced to one month’s imprisonment for slander; Mr Houari Kaddour, who had been dismissed 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; Mr Sadou Saddek, who had been suspended from his post without pay since June 2007 and faced prosecution for his trade union activities; and Mr Mourad Tchikou and Mr Rabah Mebarki, SNAPAP representatives, who had been subjected to anti-union harassment.
2. 14. The Committee takes note of the Government’s communications dated 22 February and 9 September 2011, which draw attention to the situation of the abovementioned trade union members and officials. Regarding Mr Hadj Djilani Mohamed, the Government indicates that the original sentence of two months’ imprisonment for slander against a trade union was reduced on appeal to a fine. Mr Hadj continues to occupy the post of head nurse and has submitted no complaints to the administration. Regarding Mr Houari Kaddour, the Government states that he has made no statements since 2006 and the administration has not been notified of any appeal against the March 2006 decision to dismiss him. The Committee notes the information that, in order to ascertain the actual situation of Mr Hadj Djilani Mohamed and Mr Houari Kaddour, the Government has undertaken to carry out an inquiry in the Ministry of Health, Population and Hospital Reform on 10 February 2011, and the Committee will be notified of the results. Regarding Mr Sadou Saddek, the Government states that, in a ruling of 12 November 2009, the Council of State quashed the ruling of the Algiers Court of Appeal and upheld the decision of the provincial administration ordering Mr Saddek’s transfer to the Kherrata sub-prefecture in Béjaïa province. The Government states that, since the Council of State gave its ruling, Mr Saddek has justified his refusal to take up his new posting by claiming sick leave, which he renews on a regular basis, and that he is currently on sick leave, approved by a sick leave certificate valid until 5 March 2011.
3. 15. In its communication dated 9 September 2011, the Government further states that Mr Mourad Tchikou, a civil defence officer who was suspended as a precautionary measure following the legal action brought against him by his employer, appeared before the court in Algiers in March 2011 but his case is still under investigation following an appeal lodged against the decision of the court. As concerns Mr Rabah Mebarki, a civil defence lieutenant, he appeared in May 2011 before the Joint Commission for Civil Defence Officers, which ruled in favour of his reinstatement with all its rights, including the payment of wages.
4. 16. Recalling that it has been requesting information over many years, the Committee appreciates the efforts made by the Government to gather the most up-to-date information on the SNAPAP union members and officials. Noting the different information elements provided, the Committee is awaiting information from the Government on the results of the inquiry carried out in the Ministry of Health, Population and Hospital Reform in February 2011 regarding the current situation of Mr Hadj Djilani Mohamed and Mr Houari Kaddour. It welcomes the information on the reinstatement’s decision handed down in May 2011 regarding the case of civil defence officer and SNAPAP representative Mr Rabah Mebarki and as concerns Mr Mourad Tchikou, another representative of the SNAPAP, expects that the Government will provide information concerning the appeal lodged against the decision of the court. Lastly, the Committee urges the Government to provide information on the situation of Mr Sadou Saddek after the end of his sick leave in March 2011 and, in particular, to indicate whether he has taken up his new posting.