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

The Committee takes note of the new Algerian Constitution and notes that section 54, like former section 61, recognises the right to strike within the law, but also provides that legislation can prohibit or restrict the exercise of this right in the areas of national defence and security for all public services or activities that are of vital interest for the community.

The Committee has been commenting for several years on the question of the exercise of the right to strike, with regard to:

- the procedure for dispute settlements laid down by Act No. 82-05 of 13 February 1982 which leads to compulsory arbitration whose effect is to restrict, if not prohibit, the exercise by workers of the right to strike as a means of defending their interests; and

- section 209 of Act No. 78-12 which constitutes a threat to the exercise of this right in that it provides that punishments shall be imposed for obstruction of the right to work of other persons, or interference with production, or the occupation of work premises and the immobilisation of the means of production, even if the Government has repeatedly stated that this provision is not applied in practice.

The Committee notes that far-reaching reforms are being carried out. It trusts that the measures to be taken to implement the new provisions of the Constitution will take account of its observation that the right to resort to strike action should not be limited, or prohibited, by the application of indirect provisions such as recourse to compulsory arbitration or the threat dc sanctions when this right is exercised legally, as is currently the case. In the opinion of the Committee, the right to strike may be limited or prohibited only in the case of public servants acting in their capacity as agents of the public authority or in essential services in the strict sense of the term, i.e. services whose interruption would endanger the life, personal safety or health of the whole or part of the population, or in the case of an acute national crisis, and then only for a limited period.

The Committee requests the Government to provide information on the measures taken or under consideration to ensure that effect is given to the Convention in this respect.

The Committee would also be grateful if the Government would provide a copy of the by-laws of the UGTA with its next report.