Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Algeria (Ratification: 1969)

Article 2 of the Convention. National equality policy. Promoting equality and combating discrimination on grounds covered in Article 1(1)(a). The Committee notes with interest the adoption of Act No. 20-05 of 28 April 2020 on preventing and combating discrimination and hate speech. It notes that this Act covers discrimination “based on sex, race, colour, descent, national or ethnic origin, language, geographic origin, disability or health condition” (section 2), but does not cover discrimination based on religion, political opinion and social origin. The Committee also notes that under sections 5 and 6 of Act No. 20-05, the State must develop a national strategy for the prevention of discrimination and hate speech, including through: (i) the implementation of education and training programmes to raise awareness and disseminate information; (ii) the dissemination of a human rights and equality culture; (iii) the foundation of a culture of tolerance, dialogue and acceptance of others; (iv) the adoption of mechanisms for oversight, warning and early detection of the causes of discrimination and hate speech; (v) information and awareness-raising on the dangers of discrimination and hate speech, and on the effects of their spread through the use of information and communication technologies; and (vi) the promotion of institutional cooperation. Lastly, it notes that sections 9 and 10 of the above Act provide for the establishment of a national observatory for the prevention of discrimination and hate speech, responsible in particular for: (i) proposing parts of the national strategy for the prevention of discrimination and hate speech and contributing to its implementation; (ii) detecting acts of discrimination and hate speech, and notifying the authorities concerned; (iii) informing the competent judicial authorities of acts of discrimination or hate speech brought to its knowledge; (iv) giving opinions or recommendations on any issue in this area; (v) periodically evaluating the legal instruments and administrative measures in the area, and their effectiveness; (vi) setting standards and methods to prevent discrimination and hate speech; (vii) formulating awareness-raising programmes, and organizing and coordinating information events on the dangers of discrimination and hate speech, and their effects on society; (viii) collecting and centralizing relevant data; (ix) preparing studies and research; (x) submitting any proposals that may simplify and improve the national normative framework in this area; and (xi) developing cooperation and information exchange with the various national and overseas institutions in this area. The Committee requests the Government to provide information on:

• (i)the measures taken or envisaged to extend the scope of Act No. 20-05 of 28 April 2020 on preventing and combating discrimination and hate speech to discrimination based on religion, political opinion and social origin;
• (ii)the measures implemented, within the framework of the national strategy for the prevention of discrimination and hate speech, to prevent and eradicate all forms of discrimination in employment and occupation based on all of the grounds listed in Article 1(1)(a) of the Convention, and to measure their impact on a regular basis (for example, through the prior definition of indicators of progress, measurable targets, deadlines and so forth); and
• (iii)the activities carried out by the national observatory for the prevention of discrimination and hate speech to prevent and combat all forms of discrimination in employment and occupation, based on all the grounds covered in Article 1(1)(a) of the Convention, and the impact of these activities. In this regard, the Committee also reiterates its request to the Government to indicate the way in which it ensures that workers, including migrant workers, are protected against any discrimination on the grounds of race, colour or national extraction in practice.

Promoting and ensuring the application of the Convention. The Committee notes the Government’s indication that the labour inspection services have not registered any violation relating to discrimination in employment and occupation. In this regard, the Committee reminds the Government that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey on the fundamental Conventions, paragraph 870). The Committee requests the Government to continue to provide information on the inspections carried out by the labour inspectorate and on the complaints received by inspectors concerning discrimination in employment and occupation, and their outcome, and to specify the grounds concerned. It also once again requests the Government to provide information on:

• (i)all steps taken to inform and raise awareness among workers, employers and their respective organizations, and the general public, of the principles of non-discrimination and equality in employment and occupation; and
• (ii)any training provided to judges and labour inspectors on the detection and treatment of contraventions relating to the elimination of discrimination and the promotion of equality in employment and occupation.