Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 97) sur les travailleurs migrants (révisée), 1949 - Algérie (Ratification: 1962)

Autre commentaire sur C097

Demande directe

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The Committee notes that the Government’s report contains no reply to its previous comments and requests the Government to provide detailed information on the points below.

Migration flows. The Committee requests the Government to provide the statistical information compiled by the Job Preservation and Labour Movements Service, disaggregated by sex, showing the number, nationality and geographical and occupational distribution of migrant workers in Algeria, together with statistics of the number of male and female Algerian workers abroad. It also asks the Government to provide information showing how current migration flow trends are affecting the content and application of its policy and national legislation regarding emigration and immigration.

Article 1(a) of the Convention. Legislation. The Committee notes the adoption of Act No. 08-11 of 25 June 2008 on the requirements for the entry, residence and movement of foreigners in Algeria, which repeals the provisions of Ordinance No. 66-211 of 21 July 1966 on the status of foreigners in Algeria. The Committee requests the Government to provide information on the effect given to Act No. 08-11 in practice and to provide copies of any implementing texts. Please specify the instances in which the residence permit may be withdrawn pursuant to section 22 of Act No. 08-11.

Article 1(b). The Committee requests the Government to provide detailed information on the working and living conditions of migrant workers, including any relevant extracts from reports.

Articles 2 and 3. Providing migrant workers with accurate information and measures against misleading propaganda. The Committee notes the Government’s indication that migrant workers’ employment is managed free of charge by the Employment Directorate and its services in each Wilaya and that its main functions are the promotion and regulation of employment. While noting the information provided by the Government on the general functions of the Wilaya employment directorates and their services, established by Executive Decree No. 02-50 of 21 January 2002, the Committee asks the Government to provide specific information on the type of assistance and services provided free of charge to migrant workers by the Wilaya employment services. It also asks the Government to provide specific information on the following points:

(i) the measures taken to provide accurate information or any other free assistance to Algerians seeking employment abroad, specifying the type of services and information supplied;
(ii) the measures taken to prevent the circulation of false information to Algerians leaving the country and to prevent the dissemination of false information to foreigners wishing to enter the country, including negative stereotyping of foreigners and misleading information distributed by recruitment agencies and other intermediaries and by potential employers;
(iii) details of how the Advisory Council for the National Community Abroad operates, specifying the activities it undertakes for Algerian migrant workers.

Article 6. Equal treatment. The Committee notes that the Government refers to the principle of non-discrimination set forth in Act No. 90-11 of 21 April 1990 on labour relations. The Government also indicates that in law, foreign workers have the same benefits as nationals as regards physical and moral integrity, dignity, protection from all discrimination in recruitment, regularly paid remuneration, social benefits and all advantages arising specifically out of the work contract. The Committee recalls that Article 6(1) of the Convention prohibits unequal treatment that might arise out of the law and practice of administrative authorities in a number of areas; migrant workers must accordingly be given treatment that is equivalent in its effects to that enjoyed by nationals. Furthermore, when the matters covered by Article 6(1)(a)–(d) are regulated by national legislation, the State has a duty to ensure that the legislation is applied, in particular through the labour inspection services or other supervisory authorities (see General Survey on migrant workers, 1999 , paragraph 371). The Committee once again draws the Government’s attention to the fact that race, religion and nationality are not included among the grounds of discrimination prohibited by section 17 of Act No. 90-11. It further notes that in its concluding observations, the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) expressed concern that migrant workers cannot benefit from social housing, which is reserved for Algerian nationals (CMW/C/DZA/CO/1, 19 May 2010, paragraphs 30–31). The Committee requests the Government to provide information specifying how it ensures that migrant workers enjoy, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that applied to nationals, in the areas listed in Article 6(1)(a)–(d), both in law and practice, including with regard to social housing. The Government is also asked to supply information on the results of the measures taken by the labour inspectorate and other authorities responsible for enforcing the legislation on the terms and conditions of work, membership of trade unions, housing, social security, taxes and access to the justice system of migrant workers, and to supply extracts of inspection reports or any studies on these matters.

Annex I of the Convention. Private recruitment agencies. In the absence of any information on this point, the Committee again requests the Government to provide particulars of the activities involved in the recruitment, placement and working conditions of migrant workers. Please also provide information on any measures taken or envisaged to regulate the activities of private agencies so as to protect migrant workers from abuse or ill-treatment. Please also indicate whether any cases of abuse have been observed or reported, specifying the penalties applied.

[The Government is asked to reply in detail to the present comments in 2015.]