Solicitud directa (CEACR) - Adopción: 1994, Publicación: 81ª reunión CIT (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In its previous comments, the Committee referred to Act No. 84-10 of 11 February 1984 respecting civic service. This Act, which was amended in 1986, provides in its current form that citizens who have completed a course of higher education or training as senior technicians in branches or skills judged to be of priority for economic and social development are subject to this service. These branches and skills are established by the annual development plan and issued in annex to the Finance Act (section 4, as amended, of Act No. 84-10). The length of civic service may not exceed four years (section 16, as amended, of Act No. 84-10) and, by virtue of section 17 of Decree No. 87-90, of 21 April 1987, to implement Act No. 84-10, it varies between a minimum of two years and a maximum of four years as a function of the region to which the individual is assigned. Under the terms of sections 32, 33, 34 and 38 of Act No. 84-10, those called up for civic service cannot obtain employment or exercise an occupation until they have satisfied their obligations as regards civic service.

The Committee noted that the list of branches had been limited to medicine, pharmacy and dental surgery. It nevertheless pointed out that service imposed upon persons who have received a particular training, under penalty of a sanction (the impossibility of exercising an occupational activity or obtaining employment) is contrary to Convention No. 29 and Article 1(b) of Convention No. 105, which has also been ratified by Algeria.

The Committee noted that the Government's last report does not contain information on this point. The Committee requests the Government to examine, in the light of Conventions Nos. 29 and 105, the provisions of the Act respecting civic service and to supply information on the measures which have been taken or are envisaged to ensure that the Convention is respected on this point. The Committee also requests the Government to state the branches determined in the latest annual development plan and the number of persons affected in the years 1991 and 1992.

2. For several years, the Committee has been drawing the Government's attention to the provisions in the legislation relating to national service (Ordinance No. 74-103 of 15 Novembr 1974 to issue the National Service Code). In this context, conscripts are obliged to participate in the functioning of various economic and administrative sectors. Under the Order of 1 July 1987, university conscripts, after three months of military training, serve in priority sectors of national activity, and generally as teachers. The Committee noted that these persons are also subject to two, three or even four years of civic service.

The Committee noted that Act No. 89-19 of 12 December 1989 reduces the length of national service to 18 months and that Act No. 89-20 of the same date dispenses from national service citizens aged 30 years and over on 1 November 1989, irrespective of their legal situation in respect of national service. The Committee however noted, as it did in its previous direct request, that the reduction in the length of national service does not eliminate the incompatibility with the Convention of the participation of conscripts in the functioning of various economic and administrative sectors since, as the Committee noted in its 1979 General Survey on the Abolition of Forced Labour, compulsory military service is excluded from the scope of the Convention only if used for work of a purely military character.

The Committee requests the Government to take the necessary measures to ensure that the Convention is respected on this point and to supply information on the progress achieved to this effect.

3. The Committee noted the provisions of Act No. 87-16 of 1 August 1987 to set up and determine the functions and organization of the people's defence. The Committee noted that by virtue of sections 1 and 3 of the Act, citizens aged between 18 and 60 years inclusive are subject to the obligations of the people's defence, set up within the framework of the national defence, which, by virtue of section 8 of the conditions of service of the people's defence forces, are in peace time set out in regulations; and that by virtue of section 9 respecting economic defence, the people's defence forces participate in the protection of production units and in strengthening the economic capacity of the country. The application of section 9 of the Act is determined by means of regulations.

The Committee noted from the Government's report that regulations on the application of section 9 had not yet been adopted and requested the Government to transmit the text of these regulations when they have been adopted. The Committee also requested the Government to supply information on the effect given in practice to section 9 of Act No. 87-16 and to describe the nature of the strengthening of the economic capacity of the country, in which the people's defence forces have to participate.

4. Freedom of workers to leave their employment. The Committee noted that section 67 of the model conditions of service for seafarers (Decree No. 88-17 of 13 September 1988) lays down that the employment relationship can in no event be terminated outside the national territory. Section 65 of the above conditions of service lays down a three-month waiting period of notice for hands and supervisors and six-months for officers.

The Committee noted that, although section 67 of the conditions of service protects seafarers against dismissal which may result in their being put off the vessel outside the national territory, this provision does not permit seafarers to leave their employment after completion of the period of notice if, at that time, they are not on national territory. The Committee requested the Government to re-examine this provision and to indicate the measures that have been taken or are envisaged to ensure that it is in conformity with the Convention.

The Committee noted, from the information supplied by the Government, that its comments have been transmitted to the relevant departments of the Ministry of Transport with a view to undertaking a re-examination in order to bring the above provisions into conformity with the Convention. The Committee requests the Government to supply information on the progress that has been achieved in this respect.

5. The Committee noted that under sections 4 and 5 of Executive Decree No. 91-201 of 25 June 1991 determining the limits and conditions of referral to a security centre, under section 4 of Presidential Decree No. 91-196 proclaiming a state of emergency (for four months starting from 5 June 1991), the military authorities, which were assigned the powers of the police, could make detention orders against adults whose activities endangered public order and safety or the normal functioning of public services (section 4(1)), through their refusal to comply with a written requisition order issued by the authority exercising the powers of the police and the maintenance of public order, thereby seriously affecting the functioning of the national economy (section 4(6)), or by opposing the execution of a requisition order issued by reason of the state of emergency and the need for services to be provided by a public service or a public or private enterprise (section 4(7)). The period of detention in a security centre was set at 45 days, which could be renewed once (section 5).

With reference to the explanations provided in paragraphs 63 to 66 of its 1979 General Survey on the Abolition of Forced Labour, the Committee notes that it should be clear from the legislation itself that the power to exact labour is to be limited to what is strictly required in order to cope with circumstances endangering the existence or well-being of the whole or part of the population.

The Committee requests the Government to state whether Decree No. 91-201 is still in force and, if so, to supply information on the effect given in practice to the provisions respecting the requisitioning of workers, in order to enable the Committee to assess their scope.