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Individual Case (CAS) - Discussion: 2024, Publication: 112nd ILC session (2024)

Written information provided by the Government

The Government notes the comments of the Committee of Experts, which emphasize that Algeria regularly provides detailed information in reply to the observations made by trade unions, and in reply to the Committee’s recommendations.

Articles 1 and 2 of the Convention

The principles of the Convention are enshrined in the Algerian Constitution of 2020 and the labour legislation, allowing trade union organizations to exercise their rights freely. The revised Constitution of 2020 reaffirms these principles, including protection against discrimination, freedom of expression, the right to organize and the right to strike.
The labour laws of 1990 set out the rights of representation, collective bargaining, workers’ participation and the free exercise of the right to organize without discrimination. Moreover, Algeria has made significant progress in relation to social dialogue, collective bargaining and respect for fundamental labour rights, and it regularly complies with its reporting obligations in accordance with its international commitments.
With regard to the allegations of anti-union threats and dismissals affecting persons who claim to be affiliated to the Trade Union Confederation of Productive Workers (COSYFOP), it is important to note that this Confederation and its three affiliated organizations (the SNSTF, SNSAE and SNSCDPP) have ceased all trade union activities since 1991.
In its reports on the effect given to the recommendations of the Committee on Freedom of Association (communication No. 224 of 14 April 2024), the Government has regularly provided information on the COSYFOP and its affiliated organizations, indicating that they have never provided the necessary information for the assessment of their trade union representativeness or the renewal of their executive bodies.
As the complainants have not provided any proof of their status as members, these allegations are without legal standing. The Government therefore calls for the closure of all the cases related to complaints by the alleged trade union leaders and delegates of the COSYFOP.

Sections 133 to 147 of Act No. 23-02

In accordance with sections 133 to 147 of Act No. 23-02, the labour inspection services received 32 complaints from trade union delegates during the course of 2023, of which 26 were in the public sector and six in the private sector.
Following the registration of these complaints, the labour inspectorate undertook 32 investigations with employers, resulting in five warnings, three compliance notices, four violation reports and two situation reports.
The action taken by labour inspectors led to the retraction of four penalties imposed by employers, including the cancellation of a dismissal. Moreover, 24 complaints were found to be without merit by the labour inspectors responsible for the investigations. Sixteen other complaints were made by trade union delegates to conciliation offices, resulting in 15 reports of the failure of conciliation, and one complaint is still being processed.

Act No. 23-02: The protection of trade union leaders during the period of the registrationof the union

Act No. 23-02 contains provisions protecting trade union leaders and members against discrimination and reprisals, thereby ensuring a conducive environment for their activities from the holding of the constituent general assembly of the union. It includes enforceable measures against any hindrance to the establishment or operation of a trade union. Any person who hinders these processes is liable to a sentence of imprisonment of between three and six months and a fine of between 50,000 and 100,000 Algerian dinars (section 156).
The Government is prepared to examine complaints by trade union delegates in accordance with the legislation that is in force and to engage, where necessary, in consultations with the social partners to improve trade union representativeness and protection.

Section 8 of Act No. 23-02: Protection against interference

Act No. 23-02, in section 8, prohibits any external interference in the functioning of trade unions, except in the circumstances envisaged in the law, in order to protect their independence and autonomy. The exception provided for in section 8 is related to section 49, which provides that gifts and legacies from external sources are only acceptable with the prior agreement of the administrative authorities. The authorities verify the origin, amount and compatibility of these contributions with trade union objectives.
Sections 8 and 49 therefore guarantee that unions operate in full independence and in accordance with the law, by ensuring the legitimacy of financial contributions and maintaining the trust of the members.

Section 69 of Act No. 23-02

In response to the observations by the Committee of Experts concerning section 69 of Act No. 23-02, it should be noted that the criteria of financial transparency and political neutrality are requirements newly introduced by the Act.
In this regard, the Government wishes to specify as follows:
  • The criterion of financial transparency was introduced with a view to ensuring the robust and transparent management of the financial resources of trade unions, including the contributions made by their members.

    Under the terms of sections 46 to 49 of the Act, the resources of trade unions include the contributions paid by their members, income from their activities, gifts and legacies, and subsidies by the State and local communities. This income must be used solely for the objectives of the trade union and in accordance with the respective legal provisions.

    Sections 50 to 52 set out the requirement for them to maintain their accounts in accordance with the commercial standards in force and to submit annually to the authorities their financial balances certified by an auditor and the report on their activities, as adopted by the General Assembly.

    Accordingly, in order to meet this criterion of financial transparency, unions are required to comply with the above directives and rules, which are intended to ensure the integrity and credibility of the unions in their function of representing workers. They favour transparency of financial governance and ensure the appropriate management of trade union funds by requiring financial reports and compliance with the accounting and managerial standards in force.

    Furthermore, this criterion is intended to strengthen the trust of members in their representative organizations and also contributes to the prevention of potential conflicts and disputes, which have often characterized the management of many trade unions and been brought before the competent jurisdictions.
  • With reference to political neutrality, this criterion is intended to prevent any partisan political influence within trade unions, with a view to maintaining their independence and their capacity to represent in an equitable manner the interests of all their members.

    This political independence of trade unions guarantees that the decisions taken really reflect the collective interests of the workers, irrespective of their political beliefs and affiliation, while at the same time respecting the political and partisan freedom of choice of each member, as set out in section 12 of Act No. 23-02, which provides that “the members of the trade union shall be free in an individual capacity to join political parties”.

    Accordingly, the criterion of financial transparency and political neutrality are intended to ensure that representative trade unions use their financial resources exclusively for trade union activities in accordance with their statutes. That ensures that no financial resources are used for partisan political action.
  • With reference to the voting strength in occupational elections, it should be noted that this provision responds to a claim put forward for several years by the unions active in the public service.

    Section 35 of Act No. 90-14 on the procedures for the exercise of the right to organize, which has now been repealed, provided that: “Workers’ trade unions with a membership of at least 20 per cent of the total number of employees covered by the statutes of those trade unions and/or a representation of at least 20 per cent on the participation committee, where the latter exists within the employing organization concerned, shall be considered to be representative in the same employer entity.”

    However, this option could only be used in public or private sector enterprises, as this body (the participation committee), composed of elected staff delegates, was not present in administrative establishments.

    Accordingly, section 69 of the new Act offers an advantage to trade unions which cannot meet the criterion of the unionization rate of 25 per cent of the total number of salaried employees covered by their statutes, by enabling them to obtain the status of a representative union when they achieve the voting strength determined in the event of occupational elections in the employing organization (election of joint committees in public institutions and administrations).
The Government re-emphasizes that the draft text of Act No. 23-02 was subject to very broad consultation before being forwarded for approval.
In the first place, in 2022, a prior consultation was held with the trade unions registered at the national level, including 53 workers’ organizations and 11 employers’ organizations, with a view to gathering their proposals and views on the revision of the legal framework governing the exercise of trade union rights. A second consultation was then held with the most representative trade unions, which commented on the provisions of the Bill, with most of the comments being taken into account during its drafting.
The Government reiterates its commitment to inclusive and constructive social dialogue with a view to assessing the effectiveness of the measures introduced by law and improving the current legislation.
The Government takes due note of the observations made by the Committee of Experts and once again emphasizes that the draft text of Act No. 23-02 was subject to very broad consultation during all the stages of its drafting, adoption and promulgation.
That served to show that the exhaustive information requested through an electronic platform, provided exclusively by trade unions, makes it possible to achieve a better assessment, in a transparent manner, of the representativeness of a trade union.
With reference to the concerns raised, it should be noted that the information gathered is protected by law. It will in no event be shared with employers and cannot be used for the purposes of anti-trade union discrimination.

Renewal of the representativeness of trade unions

With reference to the number of reports received each year of refusal, renewal, and appeals and their outcomes, it should be noted that, as the Act is recent, and the majority of the mandates of trade unions have not expired, this information is not yet available.
Trade unions are currently engaged in the process of providing information for the assessment of their representativeness through the electronic platform, in accordance with Act No. 23-02 and Decree No. 23-359 of 17 October 2023, determining the procedures for the assessment of the representativeness of trade unions and the content of the statistical indicators of their membership.

Article 4 of the Convention: Promotion of collective bargaining

With reference to this recommendation, and in the event that the trade union does not have the information on which its representativeness is to be assessed, workers can elect their representatives directly for the purposes of collective bargaining and the settlement of collective labour disputes. Section 131 of Act No. 23-02 provides for protection against the dismissal or termination of these elected representatives.

Application of the Convention in practice

With regard to the provision of statistics on collective bargaining, the table below summarizes the evolution of the collective accords and agreements registered by the labour inspection services (2021–24).
Year Enterprise agreements Enterprise accords Branch agreements Branch accords
Number Coverage Number Coverage Number Coverage Number Coverage
2021 46 12 369 436 336 636 – – – –
2022 46 95 180 494 438 561 03 7 465 10 12 494
2023 82 168 860 406 932 331 08 20 585 47 10 419
2024 23 12 245 159 160 329 – – 35 80 017
Total 197 288 654 1 495 1 867 857 11 28 050 92 102 930

Discussion by the Committee

Chairperson – I invite the Government representative of Algeria, the Director-General of Employment and Integration, to take the floor.
Government representative – I wish to affirm the Algerian delegation’s full support in conducting the debates in a constructive manner, actively contributing to strengthening our Organization’s supervisory body for the fair application of international labour standards.
Allow me at the outset to express my Government’s surprise at seeing Algeria included in the list of individual cases when the Committee of Experts invited the Government to send its full replies in 2025. Algeria has constantly worked to strengthen workers’ rights since it gained independence, by joining this Organization on 17 October 1962 and ratifying 45 international Conventions on the same date, of which eight are fundamental.
All of the Constitutions adopted by the country have enshrined the right to organize, from the provisions of the first Constitution of 1963. Articles 19 and 20 of this Constitution guarantee freedom of association, speech, public action and assembly, as well as the right to organize and the right to strike. These principles were reaffirmed in the 2020 revision of the Constitution, particularly in Articles 69 and 70, which include the principles of freedom of expression, assembly, association and the right to strike. In addition, the principles of the Convention are enshrined in the Algerian 2020 Constitution, and labour legislation allows trade union organizations to freely carry out their activities within the framework of the law.
It is thanks to these guarantees enshrined in the country’s basic law and other legislation that workers exercise their rights, and have formed trade unions to defend their rights in the workplace and participate in social dialogue. Currently, the trade union landscape in Algeria comprises 166 trade union organizations, of which 100 are workers’ and 66 are employers’. The rights of representation, collective bargaining, worker participation and the free exercise of the right to organize without discrimination have been enshrined in legislation since 1990.
Over the past five years, Algeria has undertaken major reforms of labour legislation and regulations to adapt to the significant changes and rapid developments in the world of work. In this context, two new Acts were enacted in 2023, both of profound importance: Act No. 2302 on the exercise of the right to organize and Act No. 23–08 on the prevention and settlement of collective labour disputes and the exercise of the right to strike. These Acts represent a considerable change in the exercise of the right to organize and the right to strike, in line with the values and principles set forth in the country’s Constitution and the international commitments arising from the Organization’s Conventions ratified by our country, in particular the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and Convention No. 98.
The new Act No. 23-02 has introduced simpler and more flexible trade union registration procedures, with shortened processing times, and has enshrined the independence of these trade union organizations.
This new legislative framework dedicates a whole title to the protection of worker members of a trade union organization, protecting workers against all forms of discrimination and obstacles to the exercise of trade union rights.
Section 126 of Act No. 23-02 prohibits any decision that impedes the exercise of the right to organize, including decisions of dismissal or other disciplinary measures related to membership of a trade union organization or trade union activity.
As well as being able to freely join a trade union, this Act grants foreign workers and employers the right to hold leadership or administrative positions within the trade union organization.
The powers of the labour inspection services relating to protection of the right to organize, particularly the protection of workers and trade union representatives, have been strengthened by this Act, which also toughens criminal penalties against anyone who prevents trade union freedom.
With respect to reinforcing the mechanisms of social dialogue and collective bargaining, this Act has set out more efficient, consensual, balanced and effective mechanisms aimed at fostering a conducive climate for national economic recovery and the preservation of social peace. The new Act provides for measures that encourage the peaceful settlement of collective disputes by increasing the efficiency of conciliation, mediation and arbitration.
This new legislative framework was prepared and enhanced after consultation with some 64 trade union organizations in two stages, and drafted with the help of reputable experts and senior professionals in labour law, as well as with certain tripartite advisory institutions, such as the National Economic, Social and Environmental Council (CNESE) as a constitutional institution and the National Civil Society Observatory.
In addition, workers’ and employers’ organizations were also consulted during the examination of the Bills before Parliament in order to gather their views. These consultations took place in a spirit of good faith, trust and mutual respect, giving the trade unions sufficient time to express their views and discuss the texts carefully in order to improve their content.
In response to the observations and recommendations in the Committee of Experts’ report, Algeria has made significant progress in the area of social dialogue, collective bargaining and respect for fundamental rights at work. It constantly fulfils its international obligations, including the submission of detailed reports by the set deadlines.
In response to allegations of threats and anti-union dismissals affecting organizations or persons reportedly affiliated to COSYFOP, it is important to note that this Confederation and its three affiliated organizations ceased all union activity in 1991. The Algerian Government regularly communicated information on COSYFOP and its affiliated organizations, pointing out that they never carried out any union activity. The organizations never provided the necessary information to assess their trade union representativeness or the renewal of their leaderships. As the complainant organizations did not provide any information proving their membership, these allegations are without any legal grounds. The Government therefore requests that all cases related to the complaints of alleged representatives or leaders of COSYFOP be shelved.
Concerning the implementation of procedures to protect employees against discrimination, the relevant statistical data of the labour inspection services show that 32 complaints were filed by union representatives in 2023. Further to the registration of these complaints, the labour inspectorate enjoys independence in conformity with Convention No. 81, ratified by Algeria, and launched 32 inquiries into employers’ organizations, resulting in the issuance of five notices, three reports of refusal to cooperate, four reports of contraventions and two reports of offences. The steps taken by legally qualified labour inspectors led to the annulment of four decisions by employers to take disciplinary action, including the annulment of a decision of dismissal. Further, 24 applications were found to be without grounds and 16 further complaints were filed by trade union representatives with the conciliation offices, resulting in 15 reports of a lack of conciliation, while one complaint is still being processed.
With regard to the protection of union leaders and members during the union’s registration period, the Act sets out provisions protecting them against discrimination and reprisals, thus ensuring a conducive environment for their activities as soon as the union's constituent general assembly is held. The Act includes punitive measures against anyone who impedes the establishment or functioning of a trade union organization. Any person impeding these processes is liable to imprisonment for three to six months and a fine of 50,000 to 100,000 dinars (section 156).
With regard to protection against interference, section 8 of Act No. 23-02 prohibits any external interference in the functioning of trade unions in order to protect their independence and autonomy. The exception therein refers to section 49, which stipulates that gifts and legacies from external sources are only acceptable with the prior agreement of the administrative authorities. This authority verifies that these contributions are in line with the union’s objectives.
Regarding the criteria of financial transparency and political neutrality, these are requirements recently introduced by the Act being discussed, and on which the Government wishes to comment as follows: the criteria of financial transparency was introduced in order to ensure rigorous and transparent management of the financial resources of trade union organizations, and the integrity and credibility of trade unions in their representative function. These criteria aim to build members’ trust in the representative organizations and help to prevent possible disputes or conflicts, which have often arisen in the management of many trade union organizations and been brought before the competent departments and jurisdictions. With regard to political neutrality, this aims to prevent any partisan political influence within trade union organizations, in order to maintain their independence and their capacity to represent the interests of all members equally. This political independence guarantees that the decisions taken by trade unions really do reflect workers’ collective interests, irrespective of their political tendencies or leanings, while respecting the freedom of political and partisan choice of each member. Thus, the criteria of financial transparency and political neutrality aim to guarantee that trade unions utilize their financial resources exclusively for trade union activities in line with their statues and ensuring that financial resources are not mobilized for activities associated with partisan politics.
With regard to voting strength in occupational elections, this measure responds to a claim put forward for several years by the trade union organizations active in the public service. Only enterprises in the economic sector could draw on this possibility, through the participative committee composed of elected staff representatives. Section 69 of the new Act therefore offers an advantage to trade unions which cannot meet the criterion of the unionization rate of 25 per cent of the total number of salaried employees covered by their statutes, by enabling them to obtain the status of a representative union when they achieve the voting strength determined in the event of occupational elections. In response to the concerns raised about the platform dedicated to representativeness, it is important to note that the information collected through this digital platform is protected by law. It will in no circumstances be shared with employers and cannot be used for anti-union purposes. The extent of the information requested through this platform, which is gathered exclusively by the trade union organizations, allows for trade union representativeness to be better and more transparently ascertained.
With regard to the renewal of the representativeness status of trade union organizations, it should be noted that, given that this Act is recent and contains transitional measures up to 2 May 2024, it has been in force for almost a month, and also that the majority of trade union section mandates have not yet come to term, this information is not yet available.
As for the promotion of collective bargaining, in cases where a trade union organization does not have the information necessary to determine its representativeness, workers may directly elect their representatives for the purposes of collective bargaining and the settlement of collective labour disputes. Section 131 of this Act provides protection against dismissal or removal of these elected representatives.
With regard to the submission of statistics on collective bargaining, the Government has regularly provided the relevant data and, on 19 May 2024, presented the latest developments in the number of agreements and collective agreements registered by the labour inspection services from 2021 to 2024.
In conclusion, the explanations and information provided in response to the comments made clearly show that since independence Algeria has worked consistently to enshrine the fundamental principles and rights at work, and will not stray from the path it is on.
Worker members – This is the first time that our Committee has been called upon to examine the application of the Convention by the Algerian Government. Nevertheless, the issue of the violation of trade union rights in Algeria is far from unknown to us and our Committee has already addressed its findings to the Algerian Government on numerous occasions in previous years, most recently in 2019.
We also recall that the Committee of Experts has for many years highlighted the shortcomings of the Algerian legislation, particularly with regard to the protection of workers against acts of anti-union discrimination and acts of interference. In this context, the exercise of trade union freedoms by Algerian workers is effectively and durably compromised.
We take note of the adoption of Act No. 23-02 of 25 April 2023 on the exercise of right to organize. According to the Government, the Act would provide enhanced protection against acts of trade union discrimination, in particular by introducing a procedure for the worker subjected to discrimination to refer the matter to the labour inspectorate. In this context, labour inspectors have been granted enhanced prerogatives, in particular to conduct investigations and record infringements.
We also take note of the additional information sent by the Algerian Government in May 2024 that clarifies some of the new provisions of the Act. We note in particular that section 156 of the Act punishes obstruction to the formation or functioning of a trade union with a prison sentence of three to six months and a fine of 50,000 to 100,000 dinars. Nevertheless, in view of the numerous cases of anti-union discrimination regularly reported to the various ILO supervisory bodies, it is doubtful whether this provision will be applied in practice.
More generally, the legislation does not provide sufficient protection for workers. In this regard, we highlight the widespread employers’ practice of dismissing the founding members of a trade union during its registration period, which in practice can take several years, without the latter benefiting from the protections afforded by the legislation against anti-union discrimination. Moreover, as highlighted by the high-level mission in 2019, certain enterprises and authorities excessively use judicial action against trade unions and their members. On the other hand, court rulings ordering the reinstatement of trade union leaders are yet to be given effect.
We recall that under Article 1 of the Convention, workers must enjoy adequate protection against all acts of anti-union discrimination in employment. Anti-union discrimination is one of the most serious violations of freedom of association since it can jeopardize the very existence of trade unions.
We urge the Government to adopt legislation, in consultation with the social partners, to strengthen the protection of workers against acts of anti-union discrimination, including during the period of registration of an established trade union. In this regard, we call on the Government to increase the penalties against employers who use anti-union strategies. We also call on the Government to improve and speed up administrative and judicial procedures to identify and remedy acts of anti-union discrimination. We further request the Government to look at ways to speed up the registration procedures of trade unions.
Finally, section 8 of Act No. 23-02, relating to protections against acts of interference, stipulates that gifts and legacies from external sources are only acceptable with the prior agreement of the administrative authorities. These authorities verify the origin, amount, and compatibility of these contributions with trade union objectives. We wish to recall that, pursuant to Article 2 of the Convention, workers’ organizations must enjoy complete independence from employers in the exercise of their activities and that the public authorities must exercise extreme restraint with regard to any intervention in the internal affairs of trade unions. We urge the Government to remove this provision.
We note that the Committee of Experts expressed reservations about the conformity with the Convention of the provisions of Act No. 23-02 regulating the validation and maintenance of the status of representativeness of trade union organizations. In particular, it points out that this system could have negative effects on the development of industrial relations and collective bargaining in Algeria.
The Act defines in particular the criteria for the representativeness of a trade union organization. In addition to measuring electoral strength and the number of members, the Act stipulates that the financial transparency of accounts and political neutrality will also be taken into account. In this regard, we share the concerns of the Committee of Experts as to the impartiality and objectivity of these last two criteria.
We note the additional information sent to our Committee by the Government which provides some clarification. The criterion of financial transparency would aim to “ensure rigorous and transparent management of financial resources, including members’ contributions, in order to ensure that they are used only for the objectives of the union, in accordance with the legal provisions”. This vague and general wording could lead to interference by the authorities in the financial management of trade unions. As for the criterion of financial transparency, its objective and implementation remain unclear, to say the least.
We therefore echo the request of the Committee of Experts to consult the social partners on the modalities for the recognition of representativeness under Act No. 23-02, and to revise these criteria.
In addition, the Act imposes excessive conditions for the maintenance of the representative status of trade union organizations. The latter must obtain every three years a certificate issued by the administration after communication of information concerning their adhering members which, according to the Act, would make it possible to assess representativeness. This frequency seems excessive and likely to prevent the proper functioning of the trade unions.
Additionally, trade unions are legally obliged to provide the employer with information relevant to the criteria of representativeness, in particular the name and social security number of each member, the number and date of the membership card, and the contributions paid. This provision is also excessive and can lead to anti-union discrimination.
We consider that these new provisions constitute an infringement of the freedom of workers to form organizations without prior authorization, as well as undue interference in the internal affairs of workers’ unions. We urge the Algerian Government to revise these provisions, in consultation with the social partners, in order to fully guarantee the rights of workers and trade unions, as protected by the Convention.
Finally, it appears that the legislation does not include provisions on the rights of minority trade unions. We reiterate the principle that where no union represents the percentage of workers required to be declared an exclusive bargaining agent, collective bargaining rights must be granted to minority unions, at least on behalf of their own members. We therefore call on the Algerian Government to adopt measures to this effect.
Employer members – The Employer members would like to thank the Government for the written and oral information shared with the Committee. Convention No. 98 is one of the ten fundamental Conventions of the ILO, which Algeria ratified in 1962. The Committee of Experts has made observations in this case six times since 1991, culminating in 2023. There was also a high-level mission that visited the country in May 2019. The Committee is examining this case for the first time.
By way of general context, we understand that Algeria is undergoing a reform process to modernize legislation on trade union status. In 2023, Algeria adopted two Acts in this regard, namely, Act No. 23-02, 25 April 2023, on the exercise of the right to organize and Act No. 2308, 21 June 2023, on the prevention and settlement of collective labour disputes and the exercise of the right to strike.
We further note that these Acts actually came into force at the beginning of May 2024 and that the Committee of Experts raised concerns on the procedures and measures for protection against anti-union discrimination, and requested the Government to submit its comments in 2025. Notwithstanding the deadline granted to the Government to present comments on the implications of these Acts in respect of the effective recognition of the right to organize and collective bargaining, the Government was invited in advance of the indicated date by the Committee of Experts to provide us with comments on the issues at stake.
In its latest observations, the Committee of Experts requested the Government to take the necessary measures, on the basis of Articles 1, 2 and 4 of Convention No. 98, so that acts of anti-union discrimination are prohibited and effectively punished, that union representativeness is established objectively, and that collective bargaining is further promoted by the authorities.
In its response, the Government draws our attention to the following elements in particular: first, to the high-level mission which visited Algiers in May 2019 as part of the recommendations of the Committee relating to Convention No. 87, which extensively addressed the issue of anti-union dismissals. This situation is also being followed up by other ILO supervisory bodies. We further note the explanation for the impediment for COSYFOP and its affiliated trade union organizations, not being recognized as representative trade unions and as such, not being in a position to conduct collective negotiations.
Second, concerning the procedures for protection against anti-union discrimination, the Government provides explanations on the new procedure allowing a salaried worker, who considers him or herself to be the victim of an act of anti-union discrimination, to refer the matter to the labour inspectors, who now have enhanced powers to investigate and take further measures, including the referral to the competent courts if the employer refuses to comply.
Third, concerning the protection of trade union leaders and members against discrimination and reprisals during the procedure for recognition of a union, we understand that the Government is open to engaging in consultations with social partners to improve representativeness and union protection and overcome challenges exposed by the outstanding complaints of union delegates.
The Government provides explanations on the basis of the conditions of union representativeness, where political neutrality aims to prevent any political influence on union activities. It explains that this criterion must be understood in light of the historical context where Algerian unions, particularly in the 1990s, could not function independently. As for financial transparency, its aim is to ensure rigorous and transparent management of the financial resources of trade union organizations, including the contributions of their members. The accounts of unions must be certified by an independent and approved auditor, as is the case for any other organization. This obligation aims to ensure the integrity and credibility of unions in their function of representing workers.
Fourth, concerning the personal data of affiliates which must be transmitted in particular to renew the status of representative union every three years, the Government specifies that this data is encoded by the unions on a secure electronic platform and that under no circumstances can the employer access it. This platform is exclusively managed by the State, in absolute compliance with legislation on the protection of personal data. Therefore, the data cannot be a source of discriminatory decisions by the employer.
Finally, the Government provides a number of collective agreements and social agreements concluded since 2021 in sectors of activity and at company level.
The Employer members reaffirm the vital importance of the Convention for all ILO Member States, as a fundamental Convention. The right to organize and bargain collectively, for both employers and workers, is a prerequisite for ensuring the application of the ILO standards.
We insist that national laws and practices guarantee this fundamental right. Anti-union acts must therefore be punished severely and effectively by national legislation and practices. Governments must actively promote freedom of association and the right to bargain collectively by social partners.
The Employer members note that Act No. 23-02 of 25 April 2023 on the exercise of the right to organize raises some questions by the Committee of Experts where some challenges may require further action by the Government in the context of social dialogue. We observe, however, and we trust that the Government is open to engaging in consultations with the most representative organizations of employers and workers to overcome challenges where they exist.
Therefore, the Employer members call on the Government to continue on the path of social dialogue and to honour the request of the Committee of Experts to initiate consultations with the most representative social partners. We further stress the need for the Government to respect and safeguard the representativeness of employers’ and workers’ organizations with a view to engaging in effective social dialogue. We call on the Government to strengthen the dialogue and collaboration with the General Confederation of Algerian Employers (CGEA), the most representative organization of employers. The CGEA can provide guidance and input, and constructively engage with the Government, with a view to overcoming any challenges that the effective implementation of the Acts Nos 23-02 and 23-08 may pose, and to ensuring compliance with the principles laid down in Convention No. 98.
Worker member, Algeria – I am speaking on behalf of the General Union of Algerian Workers (UGTA), which represents over 2 million workers. At the last congress of the UGTA in July 2023, a new leadership was elected which, as soon as it was established, introduced a policy of trade union unity and of active participation in the tripartite social dialogue that is being consolidated in the country.
This commitment by the UGTA is further illustrated by its active involvement in several projects dedicated to social dialogue launched by the ILO for countries in the region. This is particularly the case for the SOLiD project to strengthen social dialogue within the Southern Mediterranean region, and the SOLIFEM project dedicated to the transition from the informal to the formal economy. Furthermore, two consultants selected by the ILO to conduct missions linked to these two projects are officials from the UGTA.
Allow me to digress for a moment to give you some information before returning to the matter under discussion today. It is interesting to note that, during the period 2022 to 2024, the Algerian Government implemented major measures in favour of employees, particularly in terms of social benefits. I will summarize them in three brief points: the wages of public officials in Algeria were increased by 47 per cent over a period of two years between 2022 and 2024; minimum retirement pensions were increased by 33 per cent, covering both allowances and minimum retirement pensions; and unemployment insurance or unemployment benefits were established in the country which cover bonuses for jobseekers and which amount to 75 per cent of the guaranteed national minimum wage. I will end here and return to the matter at hand.
In 2023, two Acts were promulgated, namely, Act No. 23-02 on the exercise of the right to organize and Act No. 23-08 on the prevention of disputes and the exercise of the right to strike. On one hand, these two Acts represent a clear step forward as they now make it possible for workers from several sectors of activity to establish trade union confederations. However, on the other hand, some provisions of these Acts allow for restrictive interpretations that may, in practice, undermine the free exercise of the right to associate and organize, the independence of trade union organizations and the right to strike.
It is for this reason that the UGTA has requested the initiation of dialogue with the Government on the revision of these provisions, in a manner that better guarantees the right to organize for workers and strengthens inclusive social dialogue that is effective at all levels. The UGTA welcomes the positive response to its request from the highest authority in the country.
As part of its unified action, the UGTA, which was approached by the Confederation of Algerian Trade Unions (CSA), a group of 13 trade unions in the process of being formed, decided, together with the CSA, to set up a task force to develop common proposals for the amendment of provisions of the two aforementioned Acts and to submit the proposals to the Government and for dialogue.
The UGTA affirms that this unified action is not intended to be limited solely to the CSA, but rather remains open to all trade union organizations in the country, on the condition that the CSA has a genuine union presence on the ground, regardless of how far it extends. This action is the result of the UGTA’s deep conviction that social dialogue at the national, regional and international level is an invaluable tool for resolving the issues faced by workers and countries.
Given the above, the UGTA expects genuine and constructive support from the ILO which must, in accordance with its founding and guiding principles, encourage all processes in its Member States aimed at reaching compromises through social dialogue, in order to strengthen freedom of association, the right to organize of workers and the right to collective bargaining.
The ILO must, from our point of view, and if needed by the social partners, provide technical assistance for the conclusion of this dialogue. We urge the ILO to refrain from taking measures that would hinder this dialogue instead of promoting it. The ILO must, in this regard, give priority consideration to the trade unions that have a genuine and effective union presence on the ground.
Our request is all the more justified given that the case of Algeria under discussion today was initially scheduled for the 2025 session of the Conference. We have ample time to give social dialogue every change to succeed and to resolve the issue through dialogue.
Interpretation from Arabic: Another Worker member, Algeria – On behalf of the National Autonomous Union of Public Administration Personnel (SNAPAP), which has been active since 1990, I would like to express its astonishment at seeing Algeria included on the list of countries established on the basis of an erroneous report containing false information, especially concerning Act No. 23-02 on the exercise of the right to organize. I would like to assure you that we are cooperating fully alongside the other trade unions.
Concerning trade union restrictions, given that we are the second trade union central organization in Algeria, we represent all sectors of work, and we wish to assure you that dialogue and consultations have been established on a permanent basis between the social partners and the Government.
The incidents mentioned in the report were recounted by persons who have nothing to do with trade unionism. They have tried, on several occasions, to seize control of our trade union, SNAPAP, and to flout fundamental laws and the internal regulations of our trade union organization. We went to court and took legal action against these persons who usurped the legitimate leadership of the trade union. Following a series of legal proceedings before the courts of first instance and the High Court, we won the case.
The same group of persons also attempted to take control of the Autonomous National Union of Electricity and Gas Workers (SNATEG)) and, after the Ministry of Labour published a list of registered trade unions, the same individuals tried once again to seize control of COSYFOP. The actions of these persons have no connection with the work of trade unions. They are trying to deceive international trade unions and to mislead the delegates of this honourable and respectable Organization which is trying to ensure the exercise of the right to organize in accordance with international conventions and national legislation.
We therefore request the Committee to definitively close the discussion on Case No. 2153. This would send a positive signal to Algerian trade unionists and would show that the ILO does not tolerate fraudulent behaviour.
Employer member, Algeria – As the most representative and independent employers’ organization in Algeria, we, the CGEA, note with great interest that the Government confirmed in its intervention that it has taken due note of the Committee of Experts’ request to reply in 2025 to the questions raised in its report, and just examined by this Committee, and with which it aligns itself. My organization will work closely with the Government in preparing these responses in 2025, as requested by the Committee of Experts.
During his visit to Algeria and with the CGEA in September 2023, International Organisation of Employers (IOE) Secretary-General, Roberto Suarez, was received by the Minister of Labour. He emphasized the importance of further strengthening dialogue.
Recently, in April 2024, we also received a visit from the ILO Director-General, Mr Houngbo, at our Organization’s headquarters in Algiers. During these exchanges between the Director-General and the President of our Confederation and my Confederation’s governing board, we also talked about strengthening social dialogue with the CGEA.
The Government must also be recognized for submitting to social dialogue with the social partners the amendments to Act No. 23-02 of 25 April 2023 on freedom of association and Act No. 23-08 of 21 June on the prevention and settlement of labour disputes. This was confirmed by the employers’ organization, CGEA, a member of the IOE.
It should also be noted that these new reforms, which come after 34 years, aim to strengthen the safeguards for the exercise of the right to organize in Algeria, along with other reforms initiated by the Government to modernize the economy and create decent jobs for our young people. As these are recent Acts, we will have to wait to see how they develop and are applied in practice before judging the impact of these new safeguards.
It would be fitting for the Committee to recognize this progress and encourage the Government to further strengthen dialogue with its social partners, improve the exercise of the right to organize in practice, and strengthen the independence of the social partners and the dialogue between them.
Another employer member, Algeria – I represent the Council for the Economic Recovery of Algeria (CREA), an employer organization as independent as our friends’ organization, the CGEA. Beyond any technical input, we wish to align ourselves fully with the statement made by the workers’ trade unions and our colleague at the CGEA and, in addition, I wish rather to show you a vision of the new Algeria because we have been speaking about events before 2019. The whole world knows that in 2019 Algeria was the scene of a great pacifist movement called the Hirak, which gave way to the introduction of a new Algeria that is being built with new reforms, new laws and, above all, with the whole population – trade unionists, authorities and others.
In the Algeria of 2024, there are two new words in the spotlight: the first is “consultation”. Before 2019, there was very little consultation, or at least only among a few parties. Today, consultation has truly become a way for the Algerian State to engage with all institutions, civil society, trade unions and so forth. We were consulted widely on Act No. 23-02 (those who were consulted are resident in Algeria and, obviously, those who are not resident in Algeria cannot be consulted) and CREA made proposals concerning this Bill, some of which were accepted. I wish to add that, when, in establishing the terms and conditions for the statutes, particularly with regard to women’s representation – and excuse me, but as a woman this makes my hair stand on end – a trade union labels as “interference” the application of conditions for women’s representation on governing boards – while today we are all working towards gender parity – then we are in favour of State “interference” when it is necessary to ensure women’s representation on trade unions’ governing boards.
The second point concerns the separation of trade union and political activities. Freedom does not mean anarchy, and freedom of association does not mean trade union anarchy. We need rules, we need directives to be able to effectively carry out our activities, be they political or trade union-related, with mutual respect.
Turning to foreign funding, as employers, we consider that the strength of a trade union lies in the strength of its members and that its financial independence begins first with its members’ contributions. How can we explain that a trade union, a so-called workers’ union, is demanding foreign funding? Why and what for? Where are its members’ contributions? What about its financial independence? Thus, Act No. 2302 does not prohibit foreign funding. It requires that these funds be identified and earmarked, and effectively allocated for a specific trade union activity. I think all countries worldwide act in this way. We currently live in a world in total upheaval and it is important for each of us, in our own country, to check that the foreign funds received are not used for ill-intentioned purposes. Algeria is a country that is really trying to establish an approach that is more transparent financially, and I think we need to support it in this.
Furthermore, with our employer and worker colleagues we are preparing the upcoming national tripartite meeting. We will advance and make new proposals to verify that all the criteria that apply to Algerian trade unions are aligned with the criteria applicable to international trade unions. But Algeria needs time to rebuild, please, because we need it, because this country is in the thick of development, because this country has an increasingly growing population, which needs jobs, employers who create jobs and employers who create new investments. So I really think Algeria should be left to rebuild itself, and the Committee of Experts should be requested, as all my Algerian colleagues mentioned earlier, to give us the possibility to provide updated replies. That is to say that, to speak of what happened in 2019 in 2024 gives me the impression that I am a little late, or have taken the train in the opposite direction.
Government member, Cuba – We thank the delegation of Algeria for the information providing elements on the exercise of freedom of association in the country and on collective bargaining, which demonstrates the willingness of the Government to maintain communication and cooperation with the ILO supervisory bodies, and the decision to honour its commitments. We highlight the information on the updating of standards since 1990 and more recently in 2020, particularly labour legislation. These updates contribute to the alignment of national legislation with international labour standards on matters such as protection against discrimination, freedom of expression and social dialogue.
As in other cases, we appreciate that the information provided by all parties must be examined in an impartial manner. It is also important to give equal value and consideration to the replies provided by the Algerian Government, the Committee of Experts on the Application of Conventions and Recommendations and the Committee on Freedom of Association.
We reiterate the importance of continuing to promote tripartism and respectful discussion in each country, as well as the spirit of dialogue and cooperation. We hope that the conclusions of this discussion will be objective, technical and balanced, and that the views and information provided by the Algerian authorities will be taken into account, and properly assessed and weighed.
Employer member, New Zealand – Thematically, this case is about representativeness. In this regard it is concerning to note in the Committee of Experts’ report an ongoing trend concerning acts of anti-union discrimination and interference against independent unions and their leaders and the contrasting perspective from the workers from Algeria. This contrast clearly needs some resolution. We appreciate that the Committee of Experts has asked for responses on a variety of questions by next year, so my comments are made in the spirit of encouraging effective dialogue between now and then. We accordingly support the request of the Committee of Experts that the Government provide its comments without delay in this regard so that effective social dialogue may take place with the social partners.
We also want to be clear about who the social partners are. The commonly accepted definition is “the most representative organizations of workers and employers”.
In this light, the Government should indicate whether consultations have taken place or are envisaged to address the question of the protection of union leaders and members during the registration period of an established union. If not, the Government should initiate consultation of the properly representative social partners on the issue.
We also echo the call of the Committee of Experts for the Government to provide timely information on the renewal of the representative status of organizations, in particular to indicate the number of certificates provided each year, refusals of renewal, appeals and their results. Making changes is hard, and often there are obstacles. However, we see a real possibility for positive outcomes in Algeria; the key is effective social dialogue. And social dialogue is most effective when it involves the voices of the widest possible sections of the economy. We therefore urge the Government to use all the representative avenues available to it in this regard.
Worker member, France – Today, it is important to recognize the voice of the Algerian trade union leaders who have been forced into exile to escape persecution by the Algerian Government. The repression does not stop at the borders of Algeria. Several independent trade union leaders were forced into exile in Europe in order to ensure their safety and that of their families.
These leaders include the President of the Algerian Union of Industries (UAI), Hamza Kherroubi, General Secretary of SNATEG, Abdelkader Kouafi, and President of COSYFOP, Raouf Mellal. They had to leave their home country, not by choice, but to escape relentless persecution.
Unfortunately, the prominent trade union leader and president of SNAPAP and the General and Autonomous Confederation of Workers in Algeria (CGATA), Mr Rachid Malaoui, was not so lucky. Also forced into exile in France, he died in December 2023 in appalling conditions. His death was followed by another ordeal in terms of the difficulties experienced with the Algerian embassy in France to repatriate his remains. Rachid Malaoui now rests in Algeria, but the obstacles encountered in his repatriation underscore the harsh reality experienced by independent trade union leaders in Algeria.
In its interim report published in February 2024 (Case No. 3434, COSYFOP), the Committee on Freedom of Association adopted a firm stance by requesting the Algerian Government to ensure that Mr Mellal, Mr Kouafi and Mr Kherroubi are able to return to their country to carry out their trade union activities in a climate free from violence, pressure and threats.
This request is essential for the survival of the autonomous trade union movement in Algeria. The right to organize and the right to collective bargaining cannot exist without a climate of trust and security. This climate requires the return of the trade union leaders forced into exile in Europe, so that they can continue to fight for the rights of workers alongside their comrades in Algeria without fearing for their lives and safety.
Lastly, the support of the Committee is crucial to guarantee the right to organize and to collective bargaining in Algeria.
Interpretation from Russian: Government member, Belarus – We are grateful to the Government of Algeria for providing detailed information on this matter. We note Algeria’s commitment to active engagement with the supervisory bodies of the ILO. We welcome the work of the Government to broaden the base of the legislative framework regulating collective bargaining and the exercise of the right to strike.
We note positively the measures implemented at the national level to prevent discrimination or infringement of workers’ rights, as well as the prevention of unwarranted interference in trade union activities.
The information provided by the Government, which indicates the effective operation of the labour inspectors, merits our attention as it ensures the protection of workers’ rights in practice.
With regard to Act No. 23-02, providing protection from external interference, we believe that such measures protect national interests and provide a stable internal political context. Taking such measures is an inalienable right of every sovereign country. Similar regulations exist in many Western countries.
We call on the ILO supervisory bodies to assess the situation objectively and impartially, and using reliable sources of information.
The Government’s concern about information being provided to ILO supervisory bodies from individuals allegedly representing trade unions that ceased their activities more than 20 years ago is of some concern.
We call on the ILO to continue providing technical assistance to Algeria with a view to further progress in the protection of workers’ interests and rights.
Employer member, Germany – Convention No. 98 is one of the ten fundamental Conventions of the ILO, which was ratified by Algeria in 1962. The German employers would like to stress the importance of States’ compliance with the ratified Convention.
The Convention sets out principles on the right to organize and collective bargaining, for both employers and workers. The Convention provides, in Article 2, equal protection to workers’ and employers’ organizations against interference into the autonomous organization and running of their internal affairs.
It should be noted that Algeria has implemented the recommendations that were formulated at the end of the high-level mission of May 2019. The Act of 25 April 2023, relating to the exercise of the right to organize was preceded by a broad consultation of the social partners.
Three rounds of social consultations with over 60 social partner organizations concerning the criteria of representativeness, union discrimination, protection against reprisals, non-interference and collective bargaining autonomy enabled an in-depth discussion.
In its latest observations, the Committee of Experts asked the Government to take the necessary measures on the basis of Articles 1, 2, and 4 of the Convention so that acts of anti-union discrimination are prohibited and union representativeness is established objectively. It should be noted that the Committee of Experts asked the Government to reply in full to the present comments in 2025.
The employers call on the Government to provide the ILO with all the information requested by the Committee of Experts and to request technical assistance from the ILO to comply with the Convention.
To conclude, we encourage the Government to promote social dialogue and to intensify its consultations with representative organizations of employers and workers, with a view to applying the fundamental principles of Convention No. 98 in law and practice.
Worker member, Spain – I am speaking on behalf of the Spanish Trade Union Confederation of Workers’ Commissions. According to the Global Rights Index 2023 of the International Trade Union Confederation, in general, the region of the Middle East and North Africa continues to be the worst region in the world in terms of workers’ rights. The areas of conflict in the region have witnessed the destruction of the rule of law and, therefore, neither the rights of workers nor their fundamental freedoms can be guaranteed.
In other countries, as has already been discussed in the case of Tunisia by this Committee, a new Constitution was unilaterally adopted in July 2022, without consultation of the political parties or the social partners. This is a region-wide offensive that does not affect just one country.
As a result, last year, violations of the Convention occurred, and countries such as Algeria are unfortunately no exception to this offensive.
In Algeria, independent trade unions continue to struggle to obtain registration from hostile authorities, which severely hampers their ability to function effectively. There is also the issue of “cloning” of trade unions in the country.
Amnesty International’s report, The State of the World’s Human Rights, published in April 2024, shows how, in general, the Algerian authorities have stepped up the reduction of space for civil society, handing down convictions against activists, trade unionists, journalists and researchers for exercising their right to freedom of expression, and have shut down websites and ordered the closure of human rights associations.
The same report also indicates that, in May, Act No. 23-02 was promulgated, which restricted the right to form trade unions, allowing the authorities to reject applications by implementing vaguely worded provisions related to “national unity” and “national values and constants”, and also enabling the authorities to dissolve a trade union on various grounds such as persisting in “illegal” strike action, and to fine any trade union that joins an international, continental or regional trade union organization without informing the authorities. Furthermore, it established prison sentences of up to one year and fines for those who received foreign donations or legacies without the prior approval of the authorities.
The situation in Algeria is very serious and reflects a worrying escalation of repression in Algeria. It is essential for the Committee to demand that the Algerian Government initiate a process of open and constructive dialogue between the Government and the trade unions alleging the violation of this Convention, and to ensure respect for the fundamental freedoms of all workers in Algeria.
Interpretation from Arabic: Government member, Sudan – The Government of Sudan aligns itself with the statement of Algeria and supports the reforms that Algeria has undertaken in implementing the obligations emanating from the ILO Conventions that it has ratified, namely Convention No. 87 as well as Convention No. 98.
Sudan values the full cooperation of the Government of Algeria with the ILO supervisory bodies by providing all the required replies and clarifications. It seeks to take into account the comments of the committees, especially the Committee of Experts.
Sudan also appreciates the measures taken by Algeria by adopting new legislation and gradually making amendments to its current labour legislation. Some amendments have already been implemented, which has contributed to enhancing the fundamental rights of workers and ensuring decent work conditions for employees and workers in the public and private sectors.
All amendments and new legislation that Algeria has adopted are in the interest of freedoms and in respect of the values and principles stipulated in the Constitution and international labour standards, especially those related to social dialogue.
Algeria has remained a pioneering country calling for non-politicization of the work of the Organization. It has benefited from its own experiences in the path of dialogue and the respect of fundamental labour rights. It has also made these experiences available to Member States in the region. Sudan appreciates Algeria’s wish to also benefit from other comparative experiences and to exchange experiences with other countries in legislation related to union representation.
Sudan requests the closure of this complaint and the withdrawal of Algeria from the list of individual cases, as we believe that Algeria has played a major role in ensuring the implementation of labour rights and standards.
Employer member, Colombia -The Convention and the reiterated comments of the Committee of Experts refer to the need to implement protection measures against anti-union discrimination and interference, and the commitment to conducting effective consultations based on social dialogue, as a key tool for developing joint proposals among employers, workers and governments, in order to promote growth, peace and general well-being.
In this regard, to achieve genuine dialogue and, therefore, effective consultations, a climate of trust based on respect for employers’ and workers’ organizations is necessary.
We therefore call on the Government to restore the spaces for tripartite social dialogue with the social partners and to recognize the representatives of the CGEA as the most representative employers’ organization.
The labour reform process that is being implemented in the country must be carried out in the framework of the re-establishment of social dialogue and through a work plan agreed on a tripartite basis which allows for progress to be made on the multiple challenges highlighted by the Committee of Experts.
Government member, Nicaragua – The Government of National Unity and Reconciliation of the Republic of Nicaragua recognizes the efforts and achievements of the People's Democratic Republic of Algeria regarding the application of the Convention, and its cooperation with the ILO supervisory bodies.
Nicaragua underscores that the political Constitution and laws of the Republic of Algeria establish a legal framework to protect the exercise of the right to organize, including protection against discrimination, freedom of expression and the right to strike.
We recognize that Algeria has made significant progress on collective bargaining and respect for fundamental labour rights, and regularly complies with its obligations to submit reports in conformity with its international commitments.
Regarding the comments by the Committee of Experts and on the implementation of the recommendations of the Committee on Freedom of Association, we welcome the information provided by Algeria, which has reiterated that the information submitted by the complainants has no legal basis.
In this respect, Nicaragua urges this Conference to act with impartiality, in a constructive spirit, and to promote cooperation among our nations, respecting the principles of sovereign equality of States and non-interference in internal affairs.
We commend the People's Democratic Republic of Algeria on its continued commitment to labour rights, in order to ensure the stability and social and economic development of the Algerian people.
Employer member, Spain – Regarding this specific case, the Spanish employers wish to highlight the importance of social dialogue as a factor of economic progress and social cohesion. Social dialogue is a key tool for achieving consensus that builds trust and leads to the application of policies that contribute to the establishment of favourable conditions for the creation of decent jobs, inclusive economic growth and sustainable development.
We encourage the Government of Algeria to pursue the path of social dialogue with the most representative employers’ and workers’ organizations in the country and to initiate effective tripartite consultations. We underscore the need for the Government to respect and safeguard the representativity of employers’ organizations and, specifically, that of the CGEA, with a view to achieving effective social dialogue and solid progress towards the ambitious reform plan under way in the country.
Interpretation from Chinese: Government member, China – I thank the representative of the Government of Algeria for the detailed introduction and reply. We also carefully read the report of the Committee of Experts, as well as the additional information submitted by the Government. We know that the Government of Algeria has taken into account and considered seriously the comments made by parties and submitted detailed information and replies. It respects basic rights and is making progress. The labour inspection authorities are performing their duties diligently. Labour inspections are constantly being strengthened. Standards of transparency are being formed, tripartite consultation is being carried out and laws and regulations are being implemented. We appreciate the progress. We hope the Committee will adhere to the principles of objectivity and impartiality. We should listen carefully to the statement and information provided by the Government and be impartial. We should listen to the responses of all parties and take them into account in the conclusions. And we encourage the Committee to provide further technical assistance to the Algerian Government to strengthen its ability and improve its social and economic development.
Employer member, United States of America – Initially and importantly, we wish to reiterate our belief that national law and practice should guarantee those fundamental rights that are inherent in the Convention. The contours of Convention No. 98 and also Convention No. 87 are often discussed in the context of workers’ groups; there is often a good and legitimate reason for that emphasis, but we must always recall that the protections of the Convention also apply with equal force to employers and their freely chosen and representative organizations. We wish to share our concern that effective and meaningful social dialogue has not been taking place in Algeria. We wish to reaffirm the most essential importance of respect for the Convention by all ILO Member countries, as a fundamental Convention. The right to organize and bargain collectively for both employers and workers, is a prerequisite to ensuring that ILO standards are followed.
We thus call on the Algerian Government to take responsibility for fostering genuine social dialogue and follow the request of the Committee of Experts to initiate consultations with the most representative social partners. We further stress the need for the Government to respect and safeguard the representativeness of employer organizations and trade unions, which is the necessary precondition to effective social dialogue.
Government member, Türkiye – We believe that the Algerian Government’s constitutional amendment in 2020, including protection against discrimination, freedom of expression, the right to organize and the right to strike, was an important step.
We also appreciate the Algerian Government’s commitment to be ready to examine trade union complaints within the applicable legislation and, where necessary, to consult with the social partners to protect and promote representativeness and trade union rights.
We note the significant improvements provided by the new amendments in terms of financial transparency and political neutrality, as well as the protection of trade union leaders and members against discrimination. In particular, we believe that the financial transparency provisions will strengthen trade union members’ trust in the organizations they represent, while at the same time mitigating conflicts within the many trade union organizations and reducing the number of cases brought before the courts.
We consider the political neutrality regulation to be very important in preventing political formations within trade union organizations, while at the same time preserving the independence of trade unions and their ability to fairly represent the interests of all their members.
The fact that the new Act came into force within the framework of negotiations with the social partners shows the importance given by the Government not only to its commitment to constructive social dialogue, but also to union representation within the scope of the development of the current legislative system.
Interpretation from Arabic: Government member, Libya – The State of Libya welcomes the reforms undertaken by the Republic of Algeria in implementing the obligations emanating from the ILO Conventions that it has ratified, namely Convention No. 87 and Convention No. 98.
Libya welcomes the enactment and the adoption by the Republic of Algeria of two new Acts in 2023, the first one on 25 April 2023. It is related to the exercise of the right to organize, and the principles and rules related to freedom of association. It enhances the protection of trade unionists and union representatives by adapting the procedures for intervention by the labour inspectorate and the judicial and administrative authorities against any arbitrary decision, particularly with regard to arbitrary dismissals of workers linked to their affiliations.
Algeria also adopted the Act on the prevention and settlement of collective labour conflicts and the exercise of the right to strike on 21 June 2023. This Act establishes more flexible mechanisms for social dialogue. Social dialogue should be consensual, balanced and effective for settling collective disputes with employers according to the new Act. The Act also encourages the adoption of measures for the peaceful settlement of collective disputes by strengthening the effectiveness of reconciliation, mediation and arbitration to create a social environment based on dialogue, consultation, collective bargaining and legal procedures to respect the right to strike.
Libya welcomes the cooperation and continuous engagement of the Republic of Algeria with the ILO, the 2019 high-level mission and the Committee of Experts. We appreciate that it has submitted the required information and documents. The State of Libya calls for the Republic of Algeria to be withdrawn from the list of individual cases.
Employer member, Argentina – In this case, Algeria is being examined for non-compliance with ILO Convention No. 98. There is no doubt that this is a highly important Convention and is at the heart of this Organization.
It is essential for tripartite social dialogue to take place with employers’ and workers’ organizations which are independent, and which do not experience any interference by the State.
Algeria has provided information on the approval of recent standards regulating these matters. However, it is just as important for the approval, and the wording and spirit of these standards to be applied in practice. We therefore urge Algeria to maintain a mature social dialogue with the independent employers’ and workers’ representatives that are genuinely representative, and to ensure that there is no interference by the State, such as in the specific case of the employers’ organization, the CGEA.
Interpretation from Arabic: Government member, Egypt – We welcome the statement by Algeria concerning the application of the Convention and the efforts made by Algeria to apply the provisions of this Convention. This shows to what degree Algeria is focused on implementing international labour standards. We have taken into account the constitutional reforms undertaken by Algeria, enshrining union organizations’ legitimate rights. The Constitution, which has been reviewed, also now includes a certain number of rights and principles: freedom of expression, and freedom of organization and assembly, as well as the right to strike.
We followed very closely the progress made by Algeria in the area of social dialogue, collective bargaining and the respect of fundamental rights at work. Algeria is very much focused on ensuring that it meets these standards through the provisions of the Constitution. A new Act has been adopted containing provisions protecting trade union leaders and activists, protecting them from reprisals and discrimination. A certain number of trade union members have submitted complaints. There has been consultation among social partners to guarantee representativeness and the good functioning of trade unions. The Act contains requirements of political neutrality and financial transparency. These are essential in ensuring the effective and transparent functioning of these organizations.
We support Algeria in its efforts and encourage it to continue along the path of socially inclusive, constructive dialogue and to continue to improve the legislative framework and better apply international labour standards. We welcome the reforms that Algeria has undertaken to ensure conformity with the requirements of the Convention, and we hope very much that the Committee will take into account the progress that has been made.
Interpretation from Arabic: Government member, Tunisia – My country welcomes the positive interaction of the Algerian Government with the ILO supervisory bodies and thanks it for its renewed commitment to compliance with international labour standards.
We thank Algeria for providing information today and previously, and we also thank it for the explanations provided to the Committee of Experts. We draw your attention to the promulgation of laws in 2023 and to those concerning the exercise of the right to organize and the prevention of collective disputes. This is a positive step, which demonstrates the extent to which Algeria is keen to improve its legislative framework in order to meet its national and international legal obligations.
The path pursued by Algeria is both collegial and participatory, which has enabled it to develop and adopt these laws, to draft legislation that defines the conditions under which trade union organizations must be formed and managed, and this also applies to the criteria for membership.
We also commend Algeria on the measures taken to strengthen trust between the social partners and to encourage the peaceful settlement of collective disputes. We once again encourage Algeria to continue its reforms and its national efforts to promote the rights of workers and the improvement of the working environment taking into account national priorities and the recommendations of the Committee of Experts.
Interpretation from Arabic: Government member, Syrian Arab Republic – The Syrian Arab Republic takes due note of the detailed information that has been provided by the Government of our brother country, Algeria, relating to the Convention.
We welcome the information which demonstrates that Algeria is applying the values and principles of this Convention, which are now enshrined in national legislation and in the Constitution, guaranteeing the exercise of union rights. A legislative reform has been undertaken to strengthen these rights and that is an excellent thing.
We note that Algeria is ready and willing to pursue a path of social dialogue together with the social partners and the support of the ILO. Algeria is responding consistently to questions from the Committee of Experts. We welcome these efforts, and we hope very much that the ILO and its committees will continue this constructive cooperation alongside the Government, factoring in the detailed information and explanations provided by the Government, bearing in mind that the Constitution and legislation do enshrine the principles of the Convention for the well-being of Algerian citizens and are very much in line with their interests.
Interpretation from Arabic: Government member, Saudi Arabia – My country has duly taken note of the information presented by the Government and we are grateful for the explanations provided. We are pleased with the progress that has been made in Algeria when it comes to the implementation of the obligations arising from the Conventions ratified by this country. We are also delighted to see that legal reforms have been adopted in the area of labour. We take a positive view, furthermore, of the social dialogue mechanism that has been put in place, which allows the country to resolve these conflicts via conciliation, mediation and arbitration. We are pleased with the efforts that have been made by Algeria which allow trade unions to exercise their right to strike as a last resort. They must first go through mediation, reconciliation and arbitration and this is guaranteed by the new legislation. We encourage these efforts to continue.
Government member, Bolivarian Republic of Venezuela – The Bolivarian Republic of Venezuela welcomes the statement delivered by the distinguished delegation of the People's Democratic Republic of Algeria with regard to the Convention.
It should be noted that the report of the Committee of Experts urged the country to create appropriate conditions for the registration of trade unions, thereby guaranteeing freedom of association and the right of workers to organize.
In this regard, we have noted the statement by Algeria, a country in which the principles of the Convention are enshrined in the Constitution and its labour legislation of 2020, which allows for trade union organizations to freely exercise their rights. The constitutional review of 2020 reaffirms these principles, including protection against discrimination, freedom of expression, the right to organize and the right to strike.
We welcome the fact that the Government of Algeria is committed to inclusive and constructive social dialogue, aimed at evaluating the effectiveness of the measures established by law and at improving the current legislative system.
Lastly, the Bolivarian Republic of Venezuela hopes that the conclusions of this Committee will be objective, balanced and impartial, in order for the Government of Algeria to continue to move forward and to strengthen its legislation so as to comply with the Convention.
Government member, Cameroon – We note the information provided by Algeria, which indicates that the Government is honouring its commitments with regard to the ILO and its social partners.
The labour Acts of 1990 enshrined the rights to representation, collective bargaining, and of worker participation, and the free exercise of the right to organize without discrimination. The revised Algerian Constitution of 2020 introduced provisions that reaffirm the principles including protection against discrimination, freedom of expression, the right to organize and the right to strike.
Respect for the rule of law is a civic duty throughout the world. The status of trade unionist or trade union leader should not exempt certain persons from this fundamental principle. Furthermore, any allegation or complaint without legal grounds should be declared unfounded. Labour inspectors perform the role of social regulators, the function of which is to either determine a party to a dispute, or to declare non-conciliation and initiate other proceedings.
Act No. 23–02 was the subject of consultation at several levels and stages before being submitted for approval, adoption and promulgation. This was a highly participatory approach which must serve as a reference as it is considered a good practice. It includes punitive measures against any impediment to the establishment or functioning of a trade union organization, and excludes any external interference in trade union activities. It should be noted that the criterion of financial transparency mentioned in the discussions is a governance procedure aimed at ensuring the rigorous and transparent management of the financial resources of trade union organizations, and ensuring the integrity and credibility of trade unions in their role of representing workers. It is also an effective mechanism to strengthen the trust of members in their representative organizations. The Act also provides that members of a trade union organization are free to join political parties individually.
Cameroon welcomes all these innovative government initiatives and invites the Office to take into account the progress achieved, and to ensure the safeguarding of tripartite dialogue in Algeria through mediation between parties. It invites the Algerian Government to pursue its commitment to inclusive and constructive social dialogue aimed at evaluating the effectiveness of the measures implemented by law, and to improve the current legal framework.
Government member, Zimbabwe – Algeria is a long-standing Member of the ILO and has, over this long history, endeavoured to comply with its obligations under ratified Conventions. Zimbabwe notes with appreciation the information provided by the Office that Algeria regularly provides detailed information in response to observations emanating from trade union organizations and ILO supervisory bodies. This is a sign of good will and an indication of a country that is working towards giving full effect to ratified Conventions.
It is important to point out that the principles of the Convention are captured in the Algerian Constitution of 2020 and the labour law. These allow trade unions to exercise their right to strike and right to organize, and offer protection against discrimination. It is also important to note that complaints have been registered, investigations have been conducted in 32 cases and action has been taken on the findings.
In the case of protection of union leaders, the Government of Algeria has submitted that there is a legal framework in place in existing Act No. 23-02 to protect union leaders. The Government of Algeria has also indicated its willingness and availability to discuss challenges faced, and if deemed necessary, to initiate a review of this Act. We therefore encourage the tripartite partners to engage on this matter with the assistance of the Office in order to address challenges that are currently being faced.
Finally, Algeria has demonstrated a willingness to comply with the provisions of the Convention, has taken steps to rectify areas of concern and is working on giving full effect to the recommendations of the Committee of Experts. We therefore support Algeria’s request to be given more time to comply and we urge the ILO to continue giving the tripartite partners technical support in this area.
Interpretation from Arabic: Government member, Lebanon – Lebanon welcomes the report that has been provided by Algeria, and we are grateful to Algeria for having set out detailed explanations that cover the efforts that have been made to align itself with international Conventions, in particular Convention No. 98 and Convention No. 87.
We wish to note Algeria’s sincere efforts to put in place legislation that complies with international labour standards. In 2023, a series of new laws was passed that covers the resolution of collective conflicts, the right to strike and protection of trade union freedoms. We believe that this national legislation and policies will allow Algeria to create a climate that will lead to mutual trust and good governance for the country, which undertakes to comply with international Conventions. We see proof of this in, for example, the important adoption of a new Act that covers freedom of association and sets out a series of conditions for the establishment of trade union organizations to strengthen protection for trade union members.
Furthermore, social dialogue is essential in Algeria. Algeria continues to bolster the mediation and arbitration mechanisms, among others, that it has in place to ensure that they are effective, which will restore mutual trust among all stakeholders for peaceful solutions. In the general interest of Algeria and its social partners, we are once again delighted to see that concerted efforts have been made in a friendly atmosphere and that there is cooperation between the Government of Algeria and the ILO, in particular, the Committee of Experts and this Committee. We wish prosperity and success to Algeria.
Government member, Bangladesh – Bangladesh takes notes of the comments of the Committee of Experts which highlight that Algeria regularly provides detailed information in response to observations emanating from trade union organizations, as well as to the Committee’s recommendations.
We would like to underscore that the review of the 2020 Constitution reaffirms the principles enshrined in the Convention, including protection against discrimination, freedom of expression, and the right to organize and right to strike. The 1990 social laws enshrine the rights of representation, collective bargaining, worker participation, and the free exercise of union rights without any discrimination.
Furthermore, Algeria has made significant progress in social dialogue, collective bargaining, and respect for fundamental rights at work, and it regularly fulfils its reporting obligations in accordance with the international commitments.
Bangladesh appreciates that the Government has regularly provided information on COSYFOP and its affiliated organizations, specifying that they have never provided the information necessary to assess their union representatives or the renewal of their governing boards.
The Government has submitted regular reports and supplementary reports or replies on the developments and accomplishments in the country’s application of the Convention pursuant to the recommendations of the ILO.
Bangladesh believes that these actions demonstrate good faith and commitment to implement the recommendations. Bangladesh urges this august forum to recognize the commitment of the Government, and to support its action to ensure more progress and closure of the case. We would like to join voices with the request made by the Algerian Government.
Observer, Industrial Global Union (IndustriALL) – IndustriALL continues to follow with great concern the continuous criminalization of the right to organize and to perform trade union activities, including collective bargaining in Algeria. Furthermore, we are alarmed by the misapplication of the anti-terrorism laws against independent trade union leaders and members, including IndustriALL affiliates.
The backdrop of these concerns lies in the controversial labour law reforms. The new Act, which claims to enhance trade union activities and protect workers’ rights, severely restricts workers’ rights.
As highlighted by the report of the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and association on her visit to the country, severe restrictions have been imposed on the population over recent years and, as a result, independent civil society has been dismantled, political pluralism has been curtailed, and human rights defenders, independent trade union members, leaders, activists and journalists have been imprisoned or forced into exile.
It is imperative that the Government of Algeria act in full accordance with the decisions and recommendations adopted by the Committee on Freedom of Association, the Committee of Experts and this Committee.
The Government must respect Articles 1 and 2 of the Convention and ensure protection against acts of anti-union discrimination and interference relating to independent trade unions and their leaders. There are numerous cases of harassment and dismissals of union leaders and members, as already observed in the conclusions of the high-level mission to Algiers in 2019. It is unfortunate that no remedial or fair compensatory measures have been taken to address these violations. This is reflected in the failure of the labour inspectorate to act on the cases of anti-union discrimination and dismissals.
IndustriALL also expresses serious concern about the Government’s interference in the legal system, vastly delaying court decisions ordering the reinstatement of union leaders. We call on the Government to ensure the protection of independent union members and their leaders during the period in which an established trade union is applying for registration. The Government of Algeria must remove any administrative obstacles that could impinge on the development of industrial relations and collective bargaining, including the full respect of Article 4 of the Convention.
Expressing our solidarity and support for the Algerian free and democratic trade unions, we urge the Algerian Government to uphold international labour standards, respect the right to peaceful assembly and association, and ensure fair treatment of all workers, particularly for the members and leaders of the independent unions.
Observer, Public Services International (PSI) – I also speak on behalf of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF). The Government, in the written information submitted to this Committee and its intervention during this session, has not referred to some of the most important aspects of this case, which involve the acts of interference prohibited by the Convention. In this respect, nothing has fundamentally changed since the high-level mission in 2019.
The first refers to the legal status of the situation of independent unions, which remains precarious, to say the least. The Government has refused to register unions such as the CGATA and has arbitrarily dissolved and cloned others, like SNATEG and SNAPAP, undermining their ability to function. In this very room we have a clone of these organizations. Please allow me to call to your attention and underline again the fact that SNAPAP is an affiliate of the PSI, but we do not know the person who took the floor in a previous intervention who is registered as representing SNAPAP within the Algerian workers’ delegation. I can assure you he is not a member from our affiliated organization, and we take this as a provocation, a challenge and a clear message to this Committee and the ILO that the Government has the intention to continue with these practices, regardless of its obligations with the Convention and the recommendations of the supervisory bodies, for instance the Committee on Freedom of Association Case No. 2153.
Another important aspect is the atmosphere of fear and repression that persists. Over recent years the Government has sustained its attack on independent trade unions and democratic activists. One of the most alarming characteristics of this repression is the use of the terrorism-related charges against trade unionists. Let us not forget that the Government had broadened the definition of terrorism under section 87 bis of the Criminal Code, enabling the targeting of union leaders and activists in practice. This has led to frequent arrests and prosecutions of trade unionists on illegitimate grounds, including accusations of undermining national security and unity. These charges have not only led to arrests but also severe restrictions on legal defences, with lawyers being denied access to case files and facing prosecution themselves. This effectively criminalizes freedom of association, peaceful assembly and expression, which – we must stress – has been a very successful strategy to stifle dissent and activities of independent unions in the country.
Because of this, some of our colleagues requested and obtained asylum in Europe. To grant refugee status, fact-checking bodies from different countries analysed credible evidence and found it likely that the lives of these colleagues were at risk in Algeria.
When arrests, detentions, judicial harassment, restricted civic space, lack of fundamental freedoms and interference with peaceful activities of trade unionists become commonplace, this Committee has a critical role and it must ensure that the Algerian Government is held accountable for its violations of freedom of association.
Chairperson – We do not have more requests for the floor, so I now invite the Government representative of Algeria, to take the floor for his final remarks.
Government representative – It is with great pleasure that I take the floor to thank the speakers, the governments, workers and employers, those who supported my country, those who requested clarifications and those who requested that efforts be made.
The Government takes due note of all the comments made and thanks the parties that spoke. Algerian legislation on trade union rights reflects a genuine and total commitment to protecting workers’ rights and promoting fair working conditions. It conforms with international labour standards and aims to balance the interests of the employers and the workers. It is in this spirit that the two new Acts, Act No. 23-02 and Act No. 23-08, as well as the seven implementing regulations enacted in 2023 for the two Acts, do not derogate from these principles.
Regarding social dialogue, it should be noted that Algeria’s experience of the practice of social dialogue is rooted in all the Constitutions it has adopted. The Government and the social partners consult each other and exchange views at bipartite and tripartite meetings that have taken place for over 30 years. The Government is committed to social dialogue and consultation, which are the main forums for addressing the country's economic and social issues. Algeria's experience of social dialogue has been shared with African countries as part of an agreement signed with the ILO aimed at promoting South–South cooperation through the implementation of a programme to share Algerian experience in social dialogue and social protection.
Algeria affords particular importance to acquiring and improving knowledge regarding trade unions and labour law. To this end, this new legislative framework entitles trade union members to leave for training purposes. I also reiterate that the Government strictly ensures the protection of trade union representatives and workers against any arbitrary decision linked to their membership or performance of trade union activity. It does this through special procedures of the labour inspectorate competent in a given territory, and through the courts competent in upholding the rights of trade union representatives, particularly reinstatement in their post after dismissal or removal from a post and the employer’s refusal to reinstate them, while preserving all the rights of which they were deprived during the period of dismissal or removal.
I also wish to make a few comments on the protection of trade union representatives, leaders and members during the registration period. The new Act sets out provisions protecting these persons from discrimination or possible reprisals during the period of establishment of trade unions, and provides for punitive measures against anyone who impedes the establishment or functioning of a trade union organization. It also provides for prison sentences and fines for persons who impede the establishment of trade union organizations.
Algeria attaches great importance to human rights, in their political, economic and social dimensions, and reaffirms its commitment to the respect of these rights. To this end, all Algerians, in accordance with the Constitution, notably article 49, can freely choose their place of residence and travel within the national territory. The right to enter and leave the country is guaranteed by the Constitution. Any restriction on these rights may only be ordered by a substantiated decision of the judicial authorities. In this respect, and as recalled several times by the Algerian Government, we note that all the accusations of arbitrary repression or prevention of the trade union activities of the persons cited in the report are unfounded, as we have noted that most of those actions fall under civil law and are related to complaints filed by individuals against the accused for defamation, attacks on these persons’ private lives, or for unpaid and unauthorized activities. So I think that the information already provided by the Government sheds further light to show that these accusations are unfounded.
The Algerian Government is also determined to continue its efforts to strengthen freedom of association and the effectiveness of protection mechanisms to combat anti-union discrimination and ensure the free functioning of trade union organizations strictly in line with the provisions of the relevant Conventions. To this end, with regard to the question of representativeness, it has put in place a digital, automated and secure platform, exclusively for access for trade unions and, in accordance with Act No. 18-07 on the protection of personal data; no authority or individual can manipulate, disseminate or transmit the data therein to another entity. I reassure you therefore that the data gathered from the platform is protected and cannot be shared with the employers or be used in acts of reprisal.
In addition, this new Act offers two possibilities for achieving representativeness: one through union membership and the other through the occupational elections to achieve electoral strength. This Act also guarantees that the non-representative trade union organizations continue to disseminate information and provide their views. The new Act, in addition to what has already been illustrated, aims to guarantee all the principles of the free exercise of the right to organize.
Lastly, I reaffirm the Algerian Government’s commitment to constructive and inclusive social dialogue aimed at examining and improving the effectiveness of the measures established by the recent legislative system, the transitional provisions of which came to an end on 2 May 2024.
Another Government representative – I wish to draw the Committee’s attention to the fact that Algeria ratified these fundamental Conventions in 1962, the year of its independence, which we wrested from the colonial power after 132 years of occupation. We are thus fully committed to human rights, to the extent that, for example, on 8 May 1945 in three regions in an authorized demonstration, 45,000 people were killed. That is to say that this historical past – this past full of sacrifices – has forged our commitment to human rights.
With regard to the free movement of persons abroad, in his lifetime, Rachid Malaoui – may he rest in peace - participated in discussion panels and television broadcasts in Algeria, and the cost of repatriating his body was borne by the Government. All the necessary procedures were respected.
Regarding persons residing abroad, there is no restriction to their free movement. They can enter and leave Algeria when they wish and how they wish. I wanted to provide the Committee with these details to show that we also respect human rights and that we are here to work for the promotion of these human rights.
Employer members – I would also like to thank the Government representatives for the information shared with us, as well as all the speakers who took the floor in this discussion. I think that simply the number of speakers who have taken the floor shows the interest that we all have in social dialogue, and the essence of the ILO.
One of the main missions of the ILO is to promote collective bargaining worldwide. This mission was set for it in 1944, in the Declaration of Philadelphia which is part of the ILO Constitution. Collective bargaining contributes to the establishment of balanced and fair working conditions and thereby contributes to social peace.
The Employer members welcome the willingness to take positive steps for the future. We take note of the continued commitment by Algeria to follow through with the conclusions and recommendations from the high-level mission of May 2019. We further encourage the Government to continue effective action in the context of social dialogue and strengthen cooperation with the most representative trade unions and employers’ organizations to overcome any outstanding challenges posed by the new legislation.
In conclusion, and specifically, the Employer members encourage the Government to:
  • implement procedures for protection against any form of anti-union discrimination, intensifying the role of labour inspection if necessary;
  • protect union leaders and members against any reprisals during the union recognition procedure and limit the duration of this procedure;
  • avoid any interference in the functioning of trade unions;
  • recognize and safeguard the representativeness of employers’ organizations and trade unions and guarantee the application of objective criteria for union representativeness; in particular the representativeness of the CGEA shall be respected and preserved;
  • guarantee confidentiality in the processing by the public authority of personal data of affiliates.
The Employer members invite the Government to provide the ILO with all the information requested by the Committee of Experts and to request technical assistance from the ILO to comply with the Convention.
I will end by specifying that we must, above all, strengthen the incentives for the social partners to organize freely, and negotiate freely and autonomously.
Worker members – We thank the Government of Algeria for its participation, as well as the contributions it has made. We also thank all the speakers in this discussion. Several speakers have shown us a new Algeria. We would like to believe it, but it seems clear that this new Algeria looks a lot like the old one. Our group expresses its concern at the many cases of anti-union discrimination and interference regularly reported to the various ILO supervisory bodies. These violations severely and durably compromise the exercise of the right to freedom of association by Algerian workers, and hamper the proper functioning of the trade unions. In addition, the current legislative framework does not contain the necessary guarantees of protection of the right to organize and bargain collectively, as prescribed by the Convention.
We therefore urge the Government to take, without delay, the necessary measures to give full effect to the Convention, particularly to:
  • adopt the legislative provisions to strengthen protection of workers against acts of anti-union discrimination, including during the period in which an established trade union is applying for registration;
  • ensure that penalties against employers who use anti-union strategies are dissuasive and effectively applied;
  • improve and speed up the administrative and judicial procedures to identify and remedy serious acts of anti-union discrimination;
  • revise trade union registration procedures in order to shorten the processing times which can currently take years;
  • repeal the provisions of section 8 of Act No. 23-02 providing that gifts and legacies from external sources are only acceptable with the prior agreement of the administrative authorities;
  • revise the criteria for trade unions' representativeness for the determination of their status as exclusive bargaining agent, ensuring that these criteria are objective, preestablished and precise so as to avoid any opportunity for partiality or abuse, in case controversy should arise;
  • repeal sections 73(3) and (81) of Act No. 23-02, which constitute a breach of the freedom of workers to establish trade unions without prior authorization, and undue interference in the internal affairs of trade unions;
  • adopt legislative provisions guaranteeing minority trade unions the right to negotiate at least on behalf of their own members.
These measures should be taken in consultation with the social partners.

Conclusions of the Committee

The Committee took note of the oral and written information provided by the Government and the discussion that followed.
While noting the Government’s ongoing process to reform the national legislation on the right to organize and collective bargaining, the Committee expressed concern about the numerous allegations of anti-union discrimination and interference. It further noted that the Committee of Experts had asked the Government to report on the implications of the new legislation in 2025.
Taking into account the discussion, the Committee requested the Government to take all necessary measures, in consultation with the social partners, to:
  • strengthen cooperation with the independent social partners with a view to overcoming any outstanding challenge posed by the new legislation in order to provide the necessary guarantees for the protection of the right to organize and collective bargaining, in line with the Convention;
  • adopt and effectively enforce legislation to strengthen the protection of workers against any forms of anti-union discrimination and acts of interference, including by intensifying the role of labour inspection;
  • improve and speed up administrative and judicial procedures to identify and remedy acts of anti-union discrimination;
  • ensure sufficiently dissuasive sanctions against anti-union discrimination;
  • revise the procedures for registering trade unions in order to reduce the duration of those procedures and ensure that measures to protect union leaders and members against reprisals are effectively implemented during such procedure;
  • avoid any act of interference with the functioning of workers' organizations and employers' organizations, including the General Confederation of Algerian Employers (CGEA), to preserve their full autonomy and independence;
  • review the relevant sections of Act No. 23-02 with a view to ensuring the right to freely form workers’ and employers’ organizations to ensure that they set out precise, pre-established and objective criteria for the determination of employers’ and workers’ organization representativeness and that such criteria are effectively applied and ensure that employers’ and workers’ organizations are not prevented from receiving financial or other assistance by international workers' and employers' organizations;
  • guarantee the right for minority unions to bargain at least on behalf of their own members; and
  • guarantee that personal data of employers’ and workers’ organization members received to assess the continued representativeness of the respective organizations is kept under strict confidentiality so as to discourage any acts of anti-union discrimination.
The Committee requested the Government to provide a detailed report on the implementation of its recommendations and results achieved by 1 September 2024.
Government representative – I take this opportunity to thank all those who took part in the discussion on my country’s application of the Convention: the social partners and Government representatives. My delegation takes due note of the Committee’s conclusions.
This opportunity has enabled my delegation to present my country’s achievements in the areas of social dialogue, collective bargaining and respect for fundamental principles and rights at work. It has led to constructive exchanges, as expressed by many of the speakers.
My delegation has openly provided all the necessary details and clarifications to the observations made in the Committee of Experts’ report concerning the new legislative framework, namely the two Acts enacted recently in 2023: Act No. 23-02 on the exercise of the right to organize, and Act No. 23-08 on the prevention and settlement of collective disputes and the exercise of the right to strike.
Social dialogue, which is the cornerstone of this Organization, is guaranteed through the provisions of these two Acts. We will nevertheless closely examine the Committee’s recommendations, which reflect the speakers’ comments during the Committee’s discussions of my country's case, in a social dialogue setting with national trade union and employer organizations and advisory bodies, as has been the tradition of my country’s policy for several decades.
My delegation reiterates my country’s commitment to give effect to the recommendations of the Committee of Experts and this Committee, and to continue to keep the ILO informed of the legislative developments in the exercise of trade union rights and the achievements in social dialogue with the social partners.
Lastly, Algeria will continue to fulfil its commitments to which it is bound as an ILO Member State as it is doing and has done since it won its independence 60 years ago.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the observations from the following representative employers’ and workers’ organizations received on: 12 February and 30 August 2023 from the General and Autonomous Confederation of Workers in Algeria (CGATA), 1 March 2023 from CGATA, the Trade Union Confederation of Productive Workers (COSYFOP), the National Autonomous Union of Public Administration Personnel (SNAPAP), the Autonomous National Union of Electricity and Gas Workers (SNATEG), Public Services International (PSI), the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) and IndustriALL Global Union; 31 August from COSYFOP; and 1 September 2022 and 2023 from the International Trade Union Confederation (ITUC). The Committee notes the replies provided by the Government to certain observations.
Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee notes with concern the observations provided regularly between 2022 and 2023 by national and international trade union organizations concerning acts of anti-union discrimination and interference against independent trade unions and their leaders. The Committee recalls that the Committee on Freedom of Association has had before it several cases concerning harassment and dismissal of trade union leaders and members, as indicated in the observations of the trade union organizations. The Committee refers to the conclusions and recommendations of the Committee on Freedom of Association in the cases concerned, such as that of the Autonomous National Union of Electricity and Gas Workers (SNATEG) (see 403rd Report, June 2023, Case No. 3210).
The Committee further wishes to recall that the situation of the dismissed trade unionists and the cases of interference were also the subject of the conclusions and recommendations of a high-level mission that visited Algiers in May 2019, in the context of the recommendations of the Committee on the Application of Standards of the International Labour Conference concerning the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).
The Committee previously expressed its concern at the allegations of anti-union discrimination and interference against the COSYFOP and affiliated trade union organizations, including threats against and dismissals of trade union leaders of BATIMETAL-COSYFOP, the Workers’ Union of the Commission for Electricity and Gas Regulation (STCREG), the National Union of the Higher Institute of Management and the National Federation of Workers of the Social Security Funds, affiliated with the COSYFOP. The Committee expressed its expectation that the Government would ensure adequate protection for the leaders and members of these trade union organizations against any acts of anti-union discrimination and interference by the employers and administrative authorities concerned. Noting that the Government refers to its previous replies to the Committee and other supervisory bodies, while recalling that this information focuses on the reinstatement of dismissed workers in the public administration and workers of the SONELGAZ group, the Committee is bound to reiterate its request to the Government to provide without delay its comments concerning the allegations of threats and anti-union dismissals affecting the above-mentioned organizations affiliated with the COSYFOP, indicating whether the organizations concerned continue their activities and are able to engage in collective bargaining in the establishments concerned.
Adoption of new legislation. The Committee notes the adoption of Act No. 23-02 of 25 April 2023 on the exercise of the right to organize, and of Act No. 23-08 of 21 June 2023 concerning the prevention and settlement of collective labour disputes and the exercise of the right to strike. These two Acts contain provisions implementing the Convention, some of which will be examined below.
Procedures for protection against anti-union discrimination. In general terms, the Government indicates that Act No. 23-02 gives greater protection in that it provides expressly that trade union leaders may not face any punishment, dismissal or discrimination on grounds of their trade union activities. This protection is also guaranteed to any worker who is a member of a trade union organization, whether representative or not. The Government draws attention to the new procedure allowing a salaried worker who considers him or herself to be the victim of an act of anti-union discrimination to refer the matter to the labour inspector covering the relevant area, who now has enhanced powers to investigate, give notice to comply to an employer who has committed an act of anti-union discrimination, or address a violation notice to the competent courts if the employer refuses to comply (sections 133 to 147 of Act No. 23-02). In the light of the repeated allegations of the trade union organizations concerning the failure of the labour inspectorate to act on the actions lodged with it following acts of anti-union discrimination and dismissals affecting organizations affiliated with the COSYFOP, the Committee requests the Government to provide information on the implementation of sections 133 to 147 of Act No. 23-02 on procedures for the protection of salaried workers in the private sector and public servants and employees in public institutions and administrations against discrimination, including statistical data on the number of actions lodged with labour inspectorates, and the percentage of investigations carried out by the inspectorate that resulted in formal notice being given to the employer, or in violation notices on the employer’s refusal to comply.
Furthermore, the Committee recalls that it previously noted the concerns expressed by the high-level mission concerning delays in complying with court rulings ordering the reinstatement of trade union leaders, which have still not been given effect, and the excessive use of judicial action against trade unions and their members by certain enterprises and authorities. The Committee also noted the difficulty, identified by the mission, in the application of Article 1 of the Convention for the founding members of unions. It noted that under the current legislation and procedures, it would be possible for an employer to dismiss the founding members of a union during the period when it was applying for registration (which in practice can take several years), without the latter benefiting from the protection afforded by the legislation against anti-union discrimination. The Committee therefore requested the Government to take, in consultation with the social partners, the necessary measures to ensure adequate protection to trade union leaders and members during the period in which an established trade union is applying for registration. Noting that Act No. 23-02 makes no such provision and in the absence of information from the Government,the Committee requests the Government to indicate whether consultations have been held or are envisaged to address the issue of the protection of trade union leaders and members during the period in which an established trade union is applying for registration. If not, the Committee requests the Government to initiate consultations with the social partners on the issue and to indicate any progress made in this regard.
Protection against interference. With regard to protection against interference, the Government states that the law prohibits any natural or legal person from interfering in the functioning of a trade union organization, except as expressly provided for by law (section 8 of Act No. 23-02). In this regard, the Committee requests the Government to specify the exceptions provided for in section 8 of Act No. 23-02, to provide the relevant legislation and to indicate whether in the implementation of the law, such exceptions have been invoked in alleged cases of interference.
Determination of trade union representativeness. The Committee notes that under the terms of section 69 of Act No. 23-02, the representativeness of a trade union organization is conditional upon its achievement of a specific unionization rate and a minimum voting strength in professional elections, under sections 73 to 77 of the Act, but that the financial transparency of its accounts and its political neutrality are also taken into consideration. The Committee underscores the importance of ensuring that the criteria to be applied to determine the representativeness of organizations are objective, preestablished and precise so as to avoid any opportunity for partiality or abuse. In this regard, the Committee: (i) notes that the criterion of political neutrality contained in this provision could give rise to difficulties in that it could allow objections and thereby give rise to risks of partiality or abuse; and (ii) wishes to know how the criterion of financial transparency is applied. The Committee therefore requests the Government to clarify the extent to which the criteria of financial transparency and political neutrality have been applied in practice when determining representativeness following professional elections. Furthermore, the Committee requests the Government to consult the social partners on the means of recognition of representativeness under section 69 et seq of Act No. 23-02, with a view to their revision.
The Committee further observes that pursuant to sections 79 et seq of the Act, the maintenance of the representative status of trade union and employers’ organizations is conditional upon their obtaining, every three years, a certificate issued by the competent governmental authority after the organizations concerned have provided, via an electronic platform, information relating to their members, which, according to the Act, would make it possible to ascertain their representativeness (section 81 of Act No. 23-02). The Committee wishes to know how section 81 is implemented in practice, and, in particular, how it is applied to trade union organizations that have acquired representative status via election results pursuant to section 73 of the Act. The Committee considers that the requirement to provide information concerning the members of a representative organization in order to maintain representative status would obviate the criterion of election results.
The Committee would also like to draw the Government’s attention to the requirement to provide the employer with information relating to the criteria for representativeness, under the terms of section 79(3) of the Act. The Committee notes the completeness of the information requested (the name and social security number of each member, their membership card number and date, and dues paid). It notes the concerns expressed by trade union organizations concerning the risks of anti-union discrimination that could ensue. In this regard, the Committee considers it unnecessary to draw up a list of names of members of trade union organizations in order to determine membership numbers, since this could be established from a statement of union dues without drawing up a list of names, which would entail a risk of acts of anti-union discrimination. The Committee therefore requests the Government to take the necessary measures in this respect, in consultation with the representative organizations concerned, and to remove the requirement to provide information that could facilitate acts of anti-union discrimination.
Lastly, noting that the administrative approval mechanism for the validation and maintenance of the representative status of trade union organizations could have an impact on the development of industrial relations and collective bargaining, the Committee requests the Government to provide timely information on the renewal of the representative status of organizations, and to indicate the number of certificates provided each year and the number of refusals to renew, appeals and outcomes thereof.
Article 4. Promotion of collective bargaining. The Committee requests the Government to clarify the extent to which it is anticipated that, if no trade union attains the requisite threshold to be declared representative in professional elections, minority organizations might unite to negotiate a collective agreement applicable to the negotiating unit or, at least, conclude a collective on behalf of their respective members. The Committee therefore requests the Government to specify the applicable regulations that allow minority trade unions of the unit to bargain collectively, at least on behalf of their members, when there is no union that represents the majority of the workers.
Application of the Convention in practice. Noting the data provided on the total number of collective agreements and accords signed since the enactment of labour laws in 1990,the Committee encourages the Government to provide, as previously for the period from 2016 to 2020, statistics on the number of collective agreements and accords registered by the Labour Inspectorate, and to specify the sectors concerned as well as the number of workers covered.
[The Government is asked to reply in full to the present comments in 2025.]

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations, received on 29 March 2021 of the General and Autonomous Confederation of Workers in Algeria (CGATA) on the application of the Convention, as well as the Government’s response.
Articles 1 and 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. The Committee recalls having noted, in its previous comments, the observations regularly provided by the national and international trade union organizations concerning acts of anti-union discrimination and interference against autonomous trade unions and their leaders. This issue is addressed regularly by the Committee on the Application of Standards of the International Labour Conference (hereinafter the Conference Committee) on the occasion of their discussion on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), which requested the Government to provide information on the situation of trade union leaders and members whose anti-union dismissal had been reported (the latest discussion being in June 2019). The Committee also recalls that several cases concerning harassment and dismissal of trade union leaders and members have been brought before the Committee on Freedom of Association mentioned in the observations of the trade union organizations. Lastly, the Committee recalled that the situation of the dismissed trade unionists and the cases of interference was the subject of the conclusions and recommendations of a high level mission that visited Algiers in May 2019, within the framework of the recommendations made by the Conference Committee.
In its previous comments, noting the observations provided between 2017 and 2019 by the International Trade Union Confederation (ITUC) and the Trade Union Confederation of Productive Workers (COSYFOP), the Committee noted with concern the allegations of anti-union discrimination and interference against COSYFOP and affiliated trade union organizations. The Committee recalls that the observations of COSYFOP alleged the following discrimination and interference measures: (i) harassment of Mr Raouf Mellal, the president of COSYFOP, who was regularly the subject of intimidation and abusive detention and was subjected to physical violence during his detention; (ii) the dismissal of leaders and members of the National Union of Workers of BATIMETAL-COSYFOP, who were only reinstated by the enterprise after they had left the union and the establishment of a union by anti-union interference; (iii) threats of dismissal and criminal prosecution against members of the Workers’ Union of the Commission for Electricity and Gas Regulation (STCREG); (iv) the dismissal of all the leaders of the National Union of the Higher Institute of Management and the refusal of the Labour Inspectorate to enforce the provisions for the protection of trade union representatives under the law; and (v) the circular of the Ministry of Labour inciting all the Social Solidarity Funds to dismiss all the members of the National Federation of Workers of the Social Security Funds, affiliated to COSYFOP, which led to the judicial harassment and dismissal of the president of the Federation, who had resigned from COSYFOP shortly after being reinstated in January 2020. Given the seriousness of these allegations, the Committee requested that the competent authorities conduct the necessary investigations into the alleged acts.
The Committee notes that, in response, the Government indicates that Mr Mellal and other alleged leaders of COSYFOP fraudulently use this registered trade union organization without having complied with the terms for renewing the board as required by law. The Government states that it asked the leaders in question to rectify the situation and informed the social security funds of this infringement. The Government recalls in general that trade union leaders are provided adequate protection through legal provisions, which are enforced by a labour inspection service. The Committee notes that the Government does not provide information in response to the specific allegations of discrimination and interference recalled above. The Committee urges the Government to provide its comments on the allegations of anti-union discrimination and interference against members of BATIMETAL-COSYFOP, STCREG, the National Union of the Higher Institute of Management and the National Federation of Workers of the Social Security Funds. The Committee also expects that, as required by the Convention, the Government ensures that the leaders and members of these trade union organizations are provided adequate protection against any acts of anti-union discrimination and interference by the employers and administrative authorities concerned.
In its previous comments, the Committee also noted that observations of the Autonomous National Union of Electricity and Gas Workers (SNATEG) denouncing the mass dismissal of its members by an enterprise in the energy sector and interference in the activities of the union. The Government provided information on the situation of the dismissed trade unionists, recently reporting measures for the reinstatement of most of the workers concerned, situations that are in the process of being resolved and dismissals that have been confirmed on the grounds of serious faults in the case of certain workers. The Committee notes that the Committee on Freedom of Association, which has been dealing with the complaint of SNATEG since 2016, once again issued an opinion on the merits of the case in November 2021. The Committee on Freedom of Association indicated in this regard that it had contradictory information on the issue of the dismissal of certain representatives of SNATEG, given reference to the different legal decisions of the complainant organization and the Government. The Committee notes with concern the conclusion of the Committee on Freedom of Association noting an especially large number of leaders and representatives of SNATEG who have been dismissed, in a context of conflict and harassment against them [see 393rd report, November 2021, case No. 3210].  The Committee requests the Government to indicate the measures taken to follow up on the recommendations of the Committee on Freedom of Association and in particular those requesting details on the situation of the leaders of SNATEG who have still not been reinstated.
Revision of the legislation. With regard to the need to provide adequate protection against acts of anti-union discrimination, the Committee previously noted the concerns expressed by the high level mission concerning delays in complying with court rulings ordering the reinstatement of trade union leaders, which have still not been given effect, and the excessive use of judicial action against trade unions and their members by certain enterprises and authorities. The Committee also noted that the high level mission identified difficulties in the application of Article 1 of the Convention to the founding members of unions. Under the current legislation and procedures, it would be possible for an employer to dismiss the founding members of a union during the period when it was applying for registration, which in practice can take several years, without the latter benefiting from the protection afforded by the legislation against anti-union discrimination. The Committee therefore requested the Government to take, in consultation with the social partners, the necessary measures to ensure adequate protection to trade union leaders and members during the registration period of the established trade union.
The Committee notes that the Government refers to a bill amending and supplementing Act No. 90-14, which will soon be examined by the National Popular Assembly. According to the Government, the proposed amendments are part of the implementation of the recommendations of the Conference Committee concerning sections 4, 6 and 56 of Act No. 90-14. This bill provides for: (i) the participation of trade unions in legal action as a civil party; (ii) the possibility for the labour inspector covering the relevant area to draw up a statement on refusal to comply with an order, containing the main points that they have been able to gather and which confirm that the dismissal or removal of a worker is linked to trade union activity; and (iii) the tightening of criminal penalties to ensure they are effective and dissuasive in cases of obstruction to the exercise of trade union rights and a breach of the protection of trade union representatives.
According to the Government, this bill has been the subject of broad consultation with the social partners, as well as with the Office. The Government also indicates that it has availed itself of the technical assistance of the Office to strengthen the capacities of the Labour Inspectorate in methods and techniques for identifying anti-union acts, particularly measures of anti-union discrimination in employment.
Noting this information, which is in keeping with the previous recommendations, the Committee expresses the hope that the Government will continue its efforts, in consultation with the social partners, in the overall examination of the legal framework and practice concerning protection against anti-union discrimination and interference. This examination should include the issue of protection of trade union leaders and members during the period when the union that has been established is applying for registration. The Committee requests the Government to continue reporting progress in this regard and to provide a copy of the amendment to Act No.90-14, once it has been adopted.
Article 4. Appointment to the Joint Council of the Civil Service and the National Arbitration Commission. The Committee notes the observations of the CGATA, contesting the Government’s registration of worker representatives of the Joint Council of the Civil Service and the National Arbitration Commission. The CGATA denounces, in particular, the registration of a trade union established by government interference and its probable impact on the work of the bodies in question. In its reply, the Government indicates that the appointments to the Joint Council of the Civil Service and the renewal of the mandate of the National Arbitration Commission were carried out on the basis of the representativity of the two trade unions organizations in question. In this regard, the Committee wishes to recall that the bodies called on to resolve grievances should be independent and should enjoy the confidence of the parties.
Application of the Convention in practice. The Committee notes the statistics provided on the number of collective agreements and accords registered by the labour inspectorate between 2016 and 2020, as well as the number of workers covered. The Committee invites the Government to continue providing the statistics available concerning the number of collective agreements and accords registered and, as far as possible, to specify the sectors and number of workers covered.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations received on 30 September 2020 from the Trade Union Confederation of Productive Workers (COSYFOP), supported by Public Services International (PSI), the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF), and IndustriALL Global Union (IndustriALL). As it has not received any supplementary information from the Government, the Committee proceeded with the examination of the application of the Convention on the basis of the information at its disposal in 2019, as well as the observations of COSYFOP (see Articles 1 and 2 of the Convention below).
Articles 1 and 2 of the Convention. Adequate protection against acts of anti union discrimination and interference. The Committee notes the observations denouncing discrimination against trade union leaders and members, received between 2017 and 2019, from the International Trade Union Confederation (ITUC), the Autonomous National Union of Electricity and Gas Workers (SNATEG), and COSYFOP. The Committee notes that this issue has also been addressed repeatedly by the Committee on the Application of Standards of the International Labour Conference (hereinafter the Conference Committee) during its discussion of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), (discussions held in June 2017, June 2018 and June 2019), which has consistently requested the Government to report on the situation of trade union leaders and members who have been the victims of anti union dismissal. The Committee further notes that the Committee on Freedom of Association has examined several cases relating to the harassment and dismissal of trade union leaders and members, as indicated in the observations of the trade union organizations. The Committee notes that, within the framework of the recommendations made by the Conference Committee in June 2018, a high level mission visited Algiers in May 2019 and was able to gather information on the spot relating to the situation of the dismissed trade unionists. Finally, the Committee notes that the Government has regularly provided information in response to the observations received from the trade union organizations, as well as in response to the recommendations made by the Conference Committee.
The Committee recalls that in 2016 the ITUC and the CGATA provided observations on acts of anti-union discrimination against trade union leaders and the dismissal of trade union members following social protests in enterprises in various sectors and in the public sector (justice, postal services, public health, the national water agency). In this regard, it notes the information provided by the Government on the measures taken for the reinstatement of the workers dismissed in the public administration. The Committee notes that certain trade union leaders have still not been reinstated, in certain cases despite court rulings in their favour. The Committee therefore requests the Government to ensure, on the one hand, the immediate implementation of all court decisions ordering the reinstatement of trade union leaders and trade unionists in the public administration and on the other hand, to continue to provide information on other dismissed trade union leaders and trade unionists whose situation has not yet been resolved.
The Committee notes that the observations received from trade unions since 2017 relate largely to the mass dismissal of the members of SNATEG by an enterprise in the gas sector and interference in the activities of the union. The Government has provided information on the situation of the dismissed trade unionists, recently reporting measures for the reinstatement of most of the workers concerned, situations that are in the process of being resolved and dismissals that have been confirmed on the grounds of serious faults in the case of certain workers. In this regard, the Committee recalls that SNATEG has lodged a complaint with the Committee on Freedom of Association (CFA) and that the high-level mission gathered updated information in the field on the case from both the Government and trade union representatives. On this basis, the CFA once again issued an opinion on the merits of the case in its meeting in October 2020 and made recommendations calling on the Government to take the necessary measures to give effect, without further delay, to the court rulings and decisions of the Labour Inspectorate concerning the reinstatement of members of SNATEG, and to provide information on the allegations that the majority of the workers reinstated into the enterprise were obliged to give up their membership of SNATEG and to join another trade union within the enterprise (see 392nd Report of the CFA, Case No. 3210, October 2020). The Committee requests the Government to indicate the measures taken to follow up on the recommendations of the CFA and in particular those concerning the trade union leaders of SNATEG who have still not been reinstated.
The Committee notes the observations of COSYFOP on acts of discrimination against its members since the recent renewal of its executive body. The Committee notes that in May 2019 the high-level mission met the representatives of COSYFOP, who provided information on the harassment of its leaders, and particularly Mr Raouf Mellal, Mr Ben Zein Slimane and Mr Abdelkader Kouafi, and intimidation at work against Ms Haddad Racheda and Ms Sarah Ben Maich, which led to the latter giving up their trade union functions. The Committee also notes that Mr Mellal was subjected to physical violence during his detention as a result of his trade union activities and is regularly the subject of intimidation and abusive detention. In addition, the Committee notes that COSYFOP denounces the following measures of discrimination and interference against affiliated trade union organizations: (i) the dismissal in October 2019 of 17 leaders and members of the National Union of Workers of BATIMETAL-COSYFOP, and the threat by the enterprise not to reinstate them unless they leave the union. The reinstatement of the union delegates by the enterprise was effective only after they had left the union, and it was revealed that one of these former delegates has been, since February 2020, an office member of an union constituted by anti-union interference; (ii) threats of dismissal and criminal prosecution against members of the Workers' Union of the Commission for Electricity and Gas Regulation (STCREG); (iii) the dismissal of all the leaders of the National Union of the Higher Institute of Management and the refusal of the Labour Inspectorate to enforce the provisions for the protection of trade union delegates under section 56 of Act No. 90-14 on the terms and conditions of the exercise of the right to organize; and (iv) the circular of the Secretary General of the Ministry of Labour, inciting all the Social Solidarity Funds to dismiss all the members of the National Federation of Workers of the social security funds affiliated to COSYFOP, which led to the judicial harassment and dismissal of the President of the Federation, who had resigned from COSYFOP shortly after being reinstated in January 2020. The Committee notes with concern the seriousness of the allegations and urges the Government to take all the necessary measures to ensure that the competent authorities conduct the necessary investigations into acts of anti-union discrimination against the members of COSYFOP and its affiliated trade union organizations. The Committee expects the Government to take corrective measures to re-establish the rights of workers who are victims of anti-union discrimination and to obtain the cessation without delay of interference by employers and administrative authorities in the exercise of freedom of association. The Committee urges the Government to provide its comments and detailed information on this subject.
Revision of the legislation. With regard, in general, to the need to provide adequate protection to trade union leaders and members against acts of anti union discrimination, the Committee refers to the concerns expressed by the high level mission concerning delays in complying with court rulings ordering the reinstatement of trade union leaders, which have still not been given effect, and the excessive use of judicial action in relation to the respective procedures. The Committee also notes that the high-level mission identified difficulties in the application of Article 1 of the Convention to the founding members of unions. According to the high-level mission, under the current legislation and procedures, it would be possible for an employer to dismiss the founding members of a union during the period when it was applying for registration, which in practice can take several years, without the latter benefiting from the protection afforded by the legislation against anti-union discrimination. The Committee urges the Government to engage without delay, in consultation with the social partners, in an in-depth review of the whole of the legal framework and of practice in relation to protection against anti-union discrimination, with a view to the adoption of the necessary measures to ensure adequate protection to trade union leaders and members during the period when the union that has been established is applying for registration. It requests the Government to report any progress achieved in this respect, and trusts that the Government will avail itself of the technical assistance of the Office for this purpose.
Application of the Convention in practice. The Committee notes the statistics provided on the number of collective agreements registered by the Labour Inspectorate between 1990 and 2019, as well as the number of workers covered. The Committee invites the Government to continue providing any available statistics on the number of collective agreements registered and, where possible, to indicate the sectors and number of workers covered.
[The Government is asked to reply in full to the present comments in 2021.]

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Adequate protection against acts of anti union discrimination and interference. The Committee notes the observations denouncing discrimination against trade union leaders and members, received between 2017 and 2019, from the following organizations: (i) the International Trade Union Confederation (ITUC) (received on 1 September 2017, 1 September 2018 and 1 September 2019); the Autonomous National Union of Electricity and Gas Workers (SNATEGS) (received on 5 July 2018); and (iii) the Trade Union Confederation of Productive Workers (COSYFOP) (received on 28 August and 13 November 2019). The Committee notes that this issue has also been addressed repeatedly by the Committee on the Application of Standards of the International Labour Conference (hereinafter the Conference Committee) during its discussion of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), (discussions held in June 2017, June 2018 and June 2019), which has consistently requested the Government to report on the situation of trade union leaders and members who have been the victims of anti union dismissal. Finally, the Committee notes that the Committee on Freedom of Association has examined several cases relating to the harassment and dismissal of trade union leaders and members, as indicated in the observations of the trade union organizations. The Committee notes that, within the framework of the recommendations made by the Conference Committee in June 2018, a high level mission visited Algiers in May 2019 and was able to gather information on the spot relating to the situation of the dismissed trade unionists. Finally, the Committee notes that the Government has regularly provided information in response to the observations received from the trade union organizations, as well as in response to the recommendations made by the Conference Committee.
The Committee recalls that in 2016 the ITUC and the General and Autonomous Confederation of Workers in Algeria (CGATA) provided observations on acts of anti-union discrimination against trade union leaders and the dismissal of trade union members following social protests in enterprises in various sectors and in the public sector (justice, postal services, public health, the national water agency). In this regard, it notes the information provided by the Government on the measures taken for the reinstatement of the workers dismissed in the public administration. The Committee notes that certain trade union leaders have still not been reinstated, in certain cases despite court rulings in their favour. The Committee therefore requests the Government to ensure, on the one hand, the immediate implementation of all court decisions ordering the reinstatement of trade union leaders and trade unionists in the public administration and on the other hand, to continue to provide information on other dismissed trade union leaders and trade unionists whose situation has not yet been resolved.
The Committee notes that the observations received from trade unions since 2017 relate largely to the mass dismissal of the members of SNATEGS by an enterprise in the gas sector and interference in the activities of the union. The Government has provided information on the situation of the dismissed trade unionists, recently reporting measures for the reinstatement of most of the workers concerned, situations that are in the process of being resolved and dismissals that have been confirmed on the grounds of serious faults in the case of certain workers. In this regard, the Committee recalls that SNATEGS has lodged a complaint with the Committee on Freedom of Association (CFA) which in its recommendations called on the Government to ensure compliance with the provisions of the law in order to allow the union to organize its activities and represent its members (Case No. 3210, 386th Report of the CFA, June 2018). The Committee notes that the high level mission also gathered updated information on the spot concerning the case, both from the Government and from trade union representatives, and that the CFA will once again examine the substance of the case in light of the information received. The Committee trusts that the Government will take all the necessary measures to give effect without delay to the recommendations of the CFA and that it will report in particular on the situation of the trade union leaders of SNATEGS who have still not been reinstated.
The Committee notes the observations of COSYFOP on acts of discrimination against its members since the recent renewal of its executive body. The Committee notes that in May 2019 the high-level mission met the representatives of COSYFOP, who provided information on the harassment of its leaders, and particularly Raouf Mellal, Ben Zein Slimane and Abdelkader Kouafi, and intimidation at work against Ms Haddad Racheda and Ms Sarah Ben Maich, which led to the latter giving up their trade union functions. The Committee also notes that Mr Mellal was subjected to physical violence during his detention as a result of his trade union activities and is regularly the subject of intimidation and abusive detention. The Committee notes that, in its most recent communication, COSYFOP denounces the mass dismissal of the leaders of the National Union of Workers of BATIMETAL, an affiliate of COSYFOP, and the threat by the enterprise not to reinstate them unless they leave the union. The Committee notes with concern the seriousness of certain of the allegations and urges the Government to take all the necessary measures to ensure that the competent authorities conduct the necessary investigations into acts of anti-union discrimination against the members of COSYFOP, and to take corrective measures without delay and impose adequate sanctions if violations are found to have occurred of the trade union rights set out in the Convention. The Committee urges the Government to provide its comments and detailed information on this subject.
Revision of the legislation. With regard, in general, to the need to provide adequate protection to trade union leaders and members against acts of anti union discrimination, the Committee refers to the concerns expressed by the high level mission concerning delays in complying with court rulings ordering the reinstatement of trade union leaders, which have still not been given effect, and the excessive use of judicial action in relation to the respective procedures. The Committee also notes that the high-level mission identified difficulties in the application of Article 1 of the Convention to the founding members of unions. According to the high-level mission, under the current legislation and procedures, it would be possible for an employer to dismiss the founding members of a union during the period when it was applying for registration, which in practice can take several years, without the latter benefiting from the protection afforded by the legislation against anti-union discrimination. The Committee urges the Government to engage without delay, in consultation with the social partners, in an in-depth review of the whole of the legal framework and of practice in relation to protection against anti-union discrimination, with a view to the adoption of the necessary measures to ensure adequate protection to trade union leaders and members during the period when the union that has been established is applying for registration. It requests the Government to report any progress achieved in this respect, and trusts that the Government will avail itself of the technical assistance of the Office for this purpose.
Application of the Convention in practice. The Committee invites the Government to provide any available statistics on the number of collective agreements registered and, where possible, to indicate the sectors and number of workers covered.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 4 of the Convention. Right of collective bargaining. The Committee notes that, according to the observations of the International Trade Union Confederation (ITUC), certain matters are excluded from the scope of collective bargaining under section 120 of Act No. 90-11 on industrial relations. The Committee recalls in this regard that it considers that measures taken unilaterally by the authorities to restrict the scope of negotiable issues for a collective agreement are generally incompatible with the Convention. The Committee nevertheless observes that the wording of section 120 does not establish an exhaustive list. The Committee requests the Government to indicate whether the collective agreements negotiated under section 120 of Act No. 90-11 on industrial relations could include elements relating to terms and conditions of employment and work other than those included in the list established under this provision.
The Committee notes that, according to the ITUC, the procedure provided for in sections 35 to 38 of Act No. 90-14 of the modalities of the exercise of the right to organize, which obliges trade union organizations to provide information on their representativeness to the employer or the competent administrative authority at the beginning of each year, in order to be able to participate in collective bargaining, amounts to conferring the power to determine the most representative organization, upon the employer or the administrative authority concerned. Recalling that the determination of representativeness for the purpose of collective bargaining should be carried out by an independent body that enjoys the confidence of the parties, the Committee requests the Government to provide its comments in reply to the allegations of the ITUC.
Application of the Convention in practice. The Committee notes the information provided by the Government on the number of branch and enterprise collective agreements concluded between 1990 and 2015, and invites the Government to continue providing statistics on the number of collective agreements registered and, where possible, to indicate the sectors and number of workers covered.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee notes the observations made by the International Trade Union Confederation (ITUC) in a communication received on 1 September 2016 concerning acts of anti-union discrimination against trade union leaders, as well as dismissals of trade union members following protest action in enterprises in the urban transport, automobile, steel and mining sectors. The Committee also notes the observations made by the General and Autonomous Confederation of Workers in Algeria (CGATA) in communications received on 9 June 2015 and 27 June 2016, reporting cases of anti-union discrimination in the public sector (justice, postal services, public health, national water resources agency) and in several enterprises in the gas and cleaning industries. The Committee notes with regret that the Government has not responded to the allegations from the ITUC and the CGATA, previously submitted to the Committee, concerning anti-union discrimination, among other things, in enterprises in the maritime, finance and construction sectors and in certain public establishments (postal services and education). In light of the gravity of the allegations, some of which date back to 2014, the Committee urges the Government to be more cooperative in the future and to provide its comments on the observations of the ITUC and the CGATA, and in particular to indicate, in cases where anti-union discrimination is found, the corrective measures taken and the penalties applied on those responsible.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. Protection against acts of anti-union discrimination. The Committee takes note of the observations submitted by the International Trade Union Confederation (ITUC) in a communication received on 1 September 2014 concerning acts of anti-union discrimination against trade union officials in a number of enterprises in the maritime, financial and building sectors, as well as in certain public establishments (the Post Office and the education sector). The Committee urges the Government to provide its comments in this respect.
Article 4. Right of collective bargaining. The Committee notes that, according to the ITUC’s observations, a trade union must provide evidence that it represents at least 20 per cent of the total number of workers in a bargaining unit and at least 20 per cent of the participation committee within the employer’s organization in order to be able to bargain collectively. In this respect, the Committee recalls that, from its point of view, while it is acceptable that the union which represents the majority or a high percentage of workers in a bargaining unit should enjoy preferential or exclusive bargaining rights, the Committee considers, in cases where no union meets these conditions, or does not enjoy such exclusive rights, minority trade unions should at least be able to conclude a collective or direct agreement on behalf of their own members (see General Survey on the fundamental rights, 2012, paragraph 226) The Committee requests the Government to guarantee the respect of this principle and to continue providing statistics on the number of collective or direct agreements registered, both in the private and public sectors.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the observations of 26 August 2009 by the International Trade Union Confederation (ITUC) addressing a number of issues already examined. In that communication, however, the ITUC alleges the recurrence of acts of interference in the running of member trade union organizations, including the General Union of Algerian Workers (UGTA), support from the authorities in establishing dissident organizations to weaken certain trade unions, and harassment of trade unionists, particularly those of the National Autonomous Union of Public Administration Workers (SNAPAP). The Committee requests the Government to send its comments on the ITUC’s observations.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the comments of 31 August 2006 by the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention. The Committee will examine the matters raised in the context of Convention No. 87.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous direct request, the Committee notes that the effect of section 134 of Act No. 90-11 is that collective agreements are submitted to the labour inspectorate and court registrar of the territory concerned only for the purpose of registration. The Committee asks the Government to provide information in its next report on cases where the labour inspectorate has submitted to the competent court a collective agreement that it deemed to be inconsistent with the legislation or to seriously impair the interests of third parties, if any such cases have arisen during the period covered by the report.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous direct request, the Committee notes from the the Government's latest report that the effect of section 134 of Act No. 90-11 is that collective agreements are submitted to the labour inspectorate and court registrar of the territory concerned only for the purpose of registration. The Committee again asks the Government to provide information in its next report on cases where the labour inspectorate has submitted to the competent court a collective agreement that it deemed to be inconsistent with the legislation or to seriously impair the interests of third parties, if any such cases have arisen during the period covered by the report.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous direct request, the Committee notes that the effect of section 134 of Act No. 90-11 is that collective agreements are submitted to the labour inspectorate and court registrar of the territory concerned only for the purpose of registration. The Committee again asks the Government to provide information in its next report on cases where the labour inspectorate has submitted to the competent court a collective agreement that it deemed to be inconsistent with the legislation or to seriously impair the interests of third parties, if any such cases have arisen during the period covered by the report.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 4 of the Convention. With reference to Act No. 90-11 of 21 April 1990, the Committee would be grateful if the Government would provide information on the scope of section 134 which authorizes the labour inspectorate to submit any collective agreement whose content would seriously impair the interests of third parties to the competent legal body, and would provide information on cases where the inspectorate has had recourse to this entitlement.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 4 of the Convention. With reference to Act No. 90-11 of 21 April 1990, the Committee would be grateful if the Government would provide information on the scope of section 134 which authorises the labour inspectorate to submit any collective agreement whose content would seriously impair the interests of third parties to the competent legal body, and would provide information on cases where the inspectorate has had recourse to this entitlement.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with interest the adoption of Act No. 90-11 of 21 April 1990 respecting labour relations and Act No. 90-14 of 2 June 1990 respecting procedures for the exercise of the right to organise, which bring to a conclusion the Committee's previous comments, as they repeal section 87 of Act No. 75-31 whereby the coming into force of a collective agreement was subject to prior approval by the Minister, and section 127 of Act No. 78-12 under which wage fixing was a prerogative of the Government.

The Committee is also addressing a direct request to the Government for information on another point.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. With reference to its previous comments concerning the inadequacy of the provisions to guarantee the application of Articles 1 and 2 of the Convention, the Committee notes with interest that Act No. 88-28 of 19 July 1988, respecting procedures for the exercise of the right to organise, ensures protection for workers against any act of anti-union discrimination on the part of employers, both at the time of taking up employment and in the course of employment, and protection for workers' organisations against acts of interference on the part of employers' organisations, accompanied by civil remedies and penal sanctions, in accordance with the requirements of Articles 1 and 2 of the Convention.

2. With regard to the application of Article 4 of the Convention, the Committee's comments concerned:

- section 87 of Act No. 75-31 which makes the entry into force of a collective agreement subject to previous approval by the Minister; and

- section 127 of Act No. 78-12 whereby wage fixing, which must be linked to the objectives of economic planning, is a perogative of the Government.

In its report, the Government indicates that the purpose of section 87 of Act No. 75-31 is to ensure that collective agreements are consistent with the laws and regulations in force and that, although the State is responsible for determining wage policy, it fixes wages only after broad consultations with the representatives of the workers and employers.

While noting that the social partners are involved indirectly in fixing wages, the Committee recalls that the final decision rests with the Government, which has the practical effect of excluding wages from the scope of free and voluntary collective bargaining. This impairs attainment of the objective of Article 4 which is to encourage and promote, by appropriate measures, the voluntary negotiation of collective agreements with a view to regulating the terms and conditions of employment by means of such agreements, including collective bargaining for wages.

The Committee notes that reforms are currently being carried out to reorganise the national economy and that, in the context of these reforms, consideration is being given to ways and means of adjusting and adapting the legislation in force.

The Committee trusts that the measures taken or under consideration will remove the restrictions on collective bargaining and will aim to bring the question of wages into the scope of collective bargaining.

The Committee asks the Government to report on progress in this respect.

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