Observation (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

1. In its previous comments, the Committee referred to Act No. 84-10 of 11 February 1984 regarding civic service. This Act, as amended in 1986, provides 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, made under Act No. 84-10, it varies between a minimum of two years and a maximum of four years depending on 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 was 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 and requested the Government to examine, in the light of Conventions Nos. 29 and 105, the provisions of the Act on civic service.

2. For several years, the Committee has been drawing the Government's attention to the provisions of the legislation relating to national service (Ordinance No. 74-103 of 15 November 1974 to issue the National Service Code). Under these provisions, conscripts are obliged to participate in the functioning of various economic and administrative sectors. Under the Order of 1 July 1987, university-level conscripts, after three months of military training, serve in priority sectors of national activity, and generally as teachers. The Committee notes 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.

In its latest report, in response to questions raised under points 1 and 2, the Government indicated that university-level conscripts preferred to carry out their service in priority sectors.

The Committee observes that preference for one sector or another in order to meet the obligations of the service does not affect the fact that it is compulsory service and 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 the observance of the Convention 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 national defence; that, by virtue of section 8, the conditions of service of the people's defence forces in peacetime are 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. The Government repeats the same comment in its latest report.

The Committee also requested the Government to supply information on the effect given in practice to section 9 of Act No. 87-16 and observes that the Government's report does not contain the information requested.

The Committee refers to the indications under the preceding points of the present observation on activities carried out in the framework of compulsory service in national defence and once again requests the Government to supply information on the application in practice of section 9 of Act No. 87-16 and to specify what is meant by strengthening the economic capacity of the country in which the people's defence forces must 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 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 to bring it into conformity with the Convention.

The Committee noted that its comments had been transmitted to the relevant departments of the Ministry of Transport with a view to undertaking a re-examination in order to ensure conformity with the Convention. In its latest report, the Government indicates again that the Committee's comments will be taken into account in the revision of the texts governing seafarers.

The Committee trusts that the Government will take the necessary measures to ensure application of the Convention 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, 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 or private service (section 4(7)). The period of detention in a security centre was set at 45 days, which could be renewed once (section 5).

The Committee requested the Government to supply information on the application in practice of the provisions of Decree No. 91-201 of 25 June 1991.

The Government has not supplied in its report the information requested.

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 again requests the Government 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.