Solicitud directa (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre los trabajadores migrantes (revisado), 1949 (núm. 97) - Argelia (Ratificación : 1962)

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Migration flows. The Committee notes the situation report on Algeria published by the International Organization for Migration (IOM), according to which, over recent years, many migrants from sub-Saharan countries have turned to Algeria as a destination or transit country on their migratory journey. Each week, high numbers of migrants of different nationalities (mainly from Western Africa) cross over into in Algeria. Most arrive in Algerian territory through the 1,500-kilometre border with Mali and Niger. The Committee also notes that according to IOM’s estimations, 17,554 migrants were registered between 2020 and 2022. The Committee also notes the concluding observations of the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), that Algeria “[…] as a country of origin of migrant workers, has made progress in protecting the rights of its nationals working abroad. The Committee also notes, however, that, as a country of transit and destination, the State party faces a number of significant challenges in terms of protecting the rights of migrant workers and members of their families in its territory” (CMW/C/DZA/CO/2, 25 May 2018, paragraph 3). The Committee requests the Government to provide statistics on the migration flows of migrant workers in a regular or irregular situation, if possible disaggregated by sex and nationality, as well as statistics on the number of Algerian men and women workers abroad.

Article 1 of the Convention. National law and policy. The Committee once again requests the Government to provide information on the progress made in the implementation of a national coordination mechanism for, inter alia, the adoption of a national migration policy and on the content of any policy adopted or envisaged in this respect.

Article 3. Measures to combat misleading propaganda. The Committee notes the Government’s indication in its report that the employment services provide migrant workers, and enterprises wishing to hire foreign workers, with appropriate information on the foreigners’ residence, procedures for issuing work permits, conclusion of employment contracts, qualifications required, working conditions, remuneration, social security, the transfer of savings and the wage deductions for social security. Information, awareness-raising and advice for migrant workers is provided daily through meetings with such workers, telephone exchanges, replies to correspondence or further to workplace inspections. The Government also indicates that the management of migrant workers employment falls to the employment department of the wilaya, which provides a free service, in accordance with Executive Decree No. 02-50 of 21 January 2002, establishing the rules for the organization and operation of the employment services of the wilaya. While noting these measures, the Committee wishes to draw the Government’s attention to the fact that Article 3 of the Convention also foresees that the State will take all appropriate steps against misleading propaganda regarding emigration and immigration, such as measures to combat stereotypes that caricature migrants and misleading information from unscrupulous persons who may have an interest in encouraging migration in all its forms, by spreading false information on the chances of finding work in the host country and on the working and living conditions. Given the vulnerability of migrants to this form of abuse, it is essential that States adopt measures to combat such conduct (see General Survey of 1999 on migrant workers, paragraphs 217 and 262). Recognizing the key role played by the dissemination of regularly updated official information, the Committee requests the Government to provide information on measures taken: (i) to combat misleading propaganda regarding immigration and emigration among the population in general, including through public awareness-raising programmes to combat negative stereotypes of migrant workers; (ii) to disseminate accurate information or any other free assistance to Algerian nationals seeking employment abroad; and (iii) in cooperation with other States, to prevent and combat misleading propaganda in accordance with Article 3(2) of the Convention.

Article 6. Equality of treatment. The Committee takes due note of Act No. 22-06 of 25 April 2022 amending and supplementing Act No. 90-14 of 2 June 1990 concerning the exercise of the right to organize. It notes in particular that new section 13 bis provides that “foreign workers” can form trade union organizations and participate in the management and/or administrative boards of the trade union, subject to three years’ residence. The Committee notes that race, religion and nationality are not included among the grounds for discrimination prohibited under Act No. 90-11 of 21 April 1990 on labour relations. The Committee notes that in its concluding observations, the CMW recommends that the Government “prevent[s] racial discrimination against migrant workers, especially those from sub-Saharan countries, in the sphere of employment, including by strengthening inspections of their working conditions and prosecuting employers for economic exploitation” (CMW/C/DZA/CO/2, paragraph 30(b)). The Committee requests the Government to provide information on: (i) the measures taken or envisaged to prevent and eliminate all discrimination on grounds of nationality, race, religion or sex against migrants working lawfully within its territory, in the areas listed in Article 6(1)(a)–(d) of the Convention; and (ii) all reported cases of discrimination handled by the labour inspection services, the department of labour or the courts, indicating the penalties imposed and remedies granted.

Women migrant domestic workers. The Committee notes that section 4 of Act No. 90-11 of 21 April 1990 on labour relations, as amended, excludes domestic workers from its scope of application. These workers are covered by Executive Decree No. 97-474 of 8 December 1997 establishing the specific labour relations regime for domestic workers. In this regard, the Committee notes that, in its concluding observations, the CMW recommends that the Government “ensure[s] that all migrant workers, particularly migrant women employed as domestic workers, have access to effective mechanisms for filing complaints against persons who exploit them and violate their rights and that such workers are duly informed of the available procedures for ensuring that perpetrators are punished and that victims obtain redress” (CMW/C/DZA/CO/2, paragraph 34(b)). In this respect, the Committee also refers the Government to the comment it made in 2021 under the application of the Forced Labour Convention, 1930 (No. 29). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that women migrant domestic workers are treated no less favourably than national workers with regard to the matters listed in Article 6 of the Convention (such as remuneration, accommodation, membership of trade unions, social security, and legal proceedings).

Article 8. Maintenance of residence in the event of incapacity for work. With regard to cases in which a residence permit may be withdrawn, under Act No. 08-11 on the conditions of entry, residence and movement of foreign nationals in Algeria, the Government indicates that in addition to the conditions provided for in section 22, the withdrawal of residence and expulsion of foreign nationals from the territory of Algeria can be decided by order of the Ministry of the Interior in the following cases: (1) where the administrative authorities consider that their presence in Algeria constitutes a threat to public order and/or State security; (2) where they have been liable to a final court ruling or decision involving a penalty of deprivation of liberty for a crime or offence; or (3) where they have not left Algerian territory within the time limit set in accordance with Article 22(1) and (2) of the Convention. The Committee requests the Government to specify whether migrant workers’ residency permits may be withdrawn in cases of permanent or temporary incapacity for work due to a disease or accident that occurred following their arrival, where they are no longer able to ensure a stable and sufficient personal income.

Annex I. Private recruitment agencies. The Committee notes the Government’s indication that the regulation in force prohibits accredited private employment placement agencies from proceeding without prior authorization from the employment administration for the placement of Algerian nationals seeking jobs abroad and the foreign workforce (section 2 of Executive Decree No. 07-123 of 24 April 2007 determining the terms and conditions for granting and withdrawing accreditation to private employment placement agencies, and setting out the model terms of reference on the exercise of the public employment placement services). The Committee takes due note of this information.