Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Algérie (Ratification: 1969)

Autre commentaire sur C105

Observation

Demande directe

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Article 1(a) of the Convention. Imprisonment involving compulsory labour as a penalty for expressing political views or opposition to the established political, social or economic system. Definition of terrorism. The Committee previously noted that section 87 bis of the Penal Code concerning “terrorist or subversive acts” provides for the imposition of prison sentences on persons found guilty of a number of very broadly defined acts, including: hindering traffic or freedom of movement on thoroughfares and occupying public places with gatherings; damaging means of communication and transport, and public and private property, taking possession thereof or unduly occupying it; obstructing the actions of the public authorities or the free exercise of worship or of public freedoms and also the functioning of public service establishments; and hindering the operation of public institutions. The Committee noted that the abovementioned acts are liable to imprisonment of ten to 20 years involving compulsory labour under the legislation in force (section 2 of the Inter-Ministerial Order of 26 June 1983 establishing arrangements for the use of prison labour by the National Office of Educational Works and section 96 of Act No. 05-04 of 6 February 2005 establishing the Prison Code and regulations on the social reintegration of prisoners). The Committee emphasized that compulsory prison labour may have a bearing on the application of the Convention. It also recalled that even though anti-terrorist legislation responds to the legitimate need to protect the safety of the population against the use of violence, it may nevertheless become a means of suppressing the peaceful exercise of civil rights and liberties, such as freedom of expression, freedom of assembly and freedom of association, particularly where it is couched in vague and general terms. The Committee asked the Government to ensure that the scope of section 87 bis is restricted in such a way that it cannot be used to impose imprisonment involving compulsory labour on persons who peacefully express ideological opposition to the established political, social or economic system.

The Committee notes the Government’s indication in its report that the legislature has carefully framed the definition of terrorism to take account of the specific political, economic and social features of Algerian society. The Committee requests the Government to indicate how section 87 bis of the Penal Code is applied in practice, sending copies of any court decisions that refer to it, so that it can assess how far these provisions are compatible with Article 1(a) of the Convention.

Article 1(d). Penalties for participating in strikes. The Committee previously referred to certain provisions of Act No. 90-02, concerning the prevention and settlement of collective labour disputes and the exercise of the right to strike, which imposed restrictions on the exercise of the right to strike, particularly sections 37 and 38, which establish the list of essential services in which the right to strike is limited and for which a compulsory minimum service must be organized. It further observed that section 55(1) of this Act provides that anyone who causes or seeks to cause, or maintains or seeks to maintain, a concerted collective stoppage of work contrary to the provisions of the Act, even without violence or assault against persons or property, shall be liable to imprisonment ranging from eight days to two months and/or a fine. The Committee asked the Government to take the necessary steps to ensure, in law and in practice, that no worker may be sentenced to imprisonment for participating peacefully in a strike, and also to supply information on the application in practice of section 55(1) of Act No. 90-02.

The Committee notes that the Government, in referring to section 71 of Act No. 16-01 of 2016 revising the Constitution, which recognizes the right to strike, indicates that persons who have taken part in strikes cannot incur any legal penalty involving compulsory labour. Since the provisions of section 55(1) of Act No. 90-02 allow for the possibility of strikers being subject to criminal prosecution, the Committee once again requests the Government to take the necessary steps to ensure, in law and in practice, that no worker can be sentenced to imprisonment for participating peacefully in a strike, and also to supply information on the application in practice of the aforementioned section 55(1).