Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

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 or 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 14, 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 virture 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.

Furthermore, 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 requested the Government to supply information on the functioning of civic service, the number of graduates called up annually and the number who are exempted.

The Committee notes the information supplied by the Government in its report that, under the terms of Act No. 88-34 of 31 December 1988, issuing the annual plan for 1989 and Executive Decree No. 89-128 of 25 July 1989 respecting the implementation of civic service for 1989, the only graduates affected by civic service are those in the branches of medicine, pharmacy and dental surgery. The number of persons called up in 1988-89 was 3,159 physicians, 666 pharmacists and 703 dental surgeons.

The Committee notes with interest that the list of branches has been restricted. It nevertheless points 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 requests the Government to examine how, in the light of Conventions Nos. 29 and 105, this Act may be brought into harmony with practice.

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 November 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 notes from the Government's report that the Council of Ministers has examined a draft Bill to reduce the length of national service to 18 months and that a thorough review of the National Service Code has been decided upon that will take into account the development of the country and the requirements of national defence.

The Committee notes this information. It observes, however, that the reduction in the length of national service does not eliminate the incompatibility of the participation of conscripts in the functioning of various economic and administrative sectors with the Convention 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 hopes that the review of the National Service Code will provide an opportunity to take into account the provisions of the Convention in this respect. It requests the Government to continue supplying information on the progress achieved on this review.

3. The Committee noted the provisions of Act No. 87-16 of 1 August 1987 to set up and determine the functions and organisation 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 peacetime, 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 rules for its application are determined by means of regulations.

The Committee notes that the regulations on the application of Act No. 87-16 have not yet been adopted. It requests the Government to supply a copy of them when they have been adopted.

4. Freedom of workers to leave their employment. The Committee requested the Government to supply a copy of the provisons regulating the length and conditions of notice established for employees in the event of their resignation, as they are set out in the model conditions of employment and the specific conditions of employment that have already been adopted.

The Committee notes the provisions of Decrees No. 88-17 of 13 September 1988 issuing model conditions of service for seafarers; 89-64 of 9 May 1989 issuing model conditions of service for auxiliary land-bound workers in the fields of land, air and maritime transport and meteorology; and 89-119 of 11 July 1989 issuing the model conditions of service for workers in the construction, public works and water industries.

The Committee notes that section 67 of the model conditions of service for seafarers lays down that the employment relationship can in no case be terminated outside the national territory. Section 65 of the above conditions of service lays down a three-month period of notice for hands and supervisors and six months for officers.

While taking into account the fact that section 67 of the conditions of service protect seafarers against dismissal which may result in their being put off the boat outside the national territory, the Committee notes that this provision does not permit seafarers to leave their employment after the completion of the period of notice if, at that time, they are not on the national territory.

The Committee requests 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.