Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Abolition of Forced Labour Convention, 1957 (No. 105) - Algeria (Ratification: 1969)

Article 1(a) of the Convention. For a number of years the Committee has referred to two provisions of the Associations Act, No. 90-31 of 4 December 1990, that allow the imposition of sentences of imprisonment involving the obligation to work in circumstances which are covered by the Convention.

-  Under section 5 of the Act, an association’s legal status is automatically invalidated if its objectives are contrary to the established institutional system, breach the peace or offend against morals or the laws and regulations in force.

-  Section 45 provides that anyone who directs, administers or participates actively in an association that has not been approved or which has been suspended or dissolved, or facilitates meetings of the members of such an association, shall be liable to a prison term ranging from three months to two years involving the obligation to work pursuant to sections 2 and 3 of the Inter-ministerial Order of 26 June 1983 issuing arrangements for the use of prison labour by the National Office for Educational Work.

The Committee has recalled several times that the Convention prohibits the use of any form of forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing certain political views or expressing opposition to the established political, social or economic system.

The Committee noted that, according to the Government, the legislation in force does not distinguish between a political and a civil offence and that the work performed by convicted prisoners under the Associations Act is considered to be corrective action. In its latest reports, the Government reiterates that prison work is an activity forming part of the rehabilitation, training and social promotion of prisoners.

The Committee observed that to impose prison labour on persons convicted under Act No. 90-31 with a view to their "rehabilitation" is contrary to the Convention because it is imposed on persons convicted for expressing certain political views or manifesting their ideological opposition to the established political, social or economic system.

The Committee trusts that the Government will shortly take the necessary steps to ensure observance of the Convention, either by amending sections 5 and 45 of Act No. 90-31 or by exempting from prison labour persons convicted for expressing certain political opinions.

2. In its previous comments the Committee requested the Government to provide information on the practical effect given to section 87bis of the Penal Code (Ordinance No. 95-11 of 25 February 1995) on "terrorist or subversive acts".

The Committee notes the information supplied by the Government that section 87bis of the Penal Code deals with acts which, through the use of violence, target the security of the State, territorial integrity, national unity, stability and the normal working of institutions.

However, as the Committee pointed out in its previous comments on this point, section 87bis of the Penal Code treats as a terrorist or subversive act any act targeting the stability and normal working of institutions that seeks "to hinder traffic and freedom of movement on thoroughfares and occupy public places with gatherings", "to damage means of communication and transport, public and private property, to take possession thereof or to occupy it improperly", or "to hinder the operation of public institutions ...". This means that acts in which violence is not used but which seek to express ideological opposition to the established political system may thus fall within section 87bis. The Committee recalls that the imposition of prison labour on persons convicted under such provisions is contrary to Article 1(a) of the Convention. It accordingly once again requests the Government to indicate the measures taken or envisaged to ensure compliance with the Convention in this matter and to provide information on the application in practice of section 87bis of the Penal Code, including copies of any court decisions clarifying the scope of this provision.

Article 1(d). For a number of years the Committee has referred to section 41 of Act No. 90-02 of 6 February 1990 on the prevention and settlement of collective labour disputes and the exercise of the right to strike. It has noted that under this provision "requisition orders may be issued pursuant to the legislation in force for workers on strike who hold posts in public institutions or administrations, or in enterprises, that are essential for the safety of persons, plant and property and for the continuity of public services which are essential to the vital needs of the country, or who carry on activities essential to supplying the public". According to section 42, "without prejudice to the penalties laid down in the Penal Code, refusal to execute a requisition order constitutes serious professional misconduct".

The Committee noted that sections 37 and 38 of Act No. 90-02 establish a list of essential services in which the right to strike is limited and for which a compulsory minimum service is to be organized. It observed that the list is very broad and includes services such as banking and telecommunications, which, according to the Committee on Freedom of Association, do not constitute essential services in the strict sense of the term (paragraph 545 of the Digest of decisions and principles of the Freedom of Association Committee). The list in sections 37 and 38 of the Act also includes court registry services.

The Committee furthermore referred to section 43 of Act No. 90-02 prohibiting strikes in certain sectors of public institutions and administrations, such as the judiciary and customs.

The Committee again requests the Government to provide information on the application in practice of sections 41 and 43 of Act No. 90-02, specifying the number of persons convicted and supplying copies of the relevant court decisions.