Rapport intérimaire - Rapport No. 405, Mars 2024

Cas no 3434 (Algérie) - Date de la plainte: 15-AOÛT -22 - Actif

Allegations: The complainants allege that the authorities are interfering in the work of COSYFOP and hindering its trade union activities; anti-union measures and trade union harassment towards members of the organization; and amendments to the law that would result in criminal punishment for trade union activity in the case of the dissolution of an organization or even classifying certain trade union activities as terrorism.

1. 68. The complaint is contained in communications from the Trade Union Confederation of Productive Workers (COSYFOP) dated 15 August 2022, 28 September 2023 and 22 December 2023, supported by a communication dated 2 September 2022 from Public Services International (PSI) and the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF).
2. 69. The Government sent its observations in communications dated 27 October and 2 December 2022 and 23 January and 19 December 2023.
3. 70. Algeria has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971 (No. 135).

The complainants’ allegations

Change in leadership of COSYFOP

1. 71. In its communication dated 15 August 2022, COSYFOP stated that it was a trade union organization that had been duly registered with the Ministry of Labour, Employment and Social Security since 4 February 1991 and recognized by successive governments. In that capacity, the organization is included on the list of trade unions registered and accredited by the Ministry of Labour, Employment and Social Security, available online. In accordance with its statutes, COSYFOP elected its bureau during a general assembly held on 30 July 2018, the President of which is Mr Raouf Mellal, signatory to the complaint. The aforementioned general assembly was convened by Mr Moussa Meziani, Secretary-General of the National Industrial Sector Union (SNSI), and Mr Zakaria Benhaddad, Secretary-General of the National Union of Energy Workers (SNT ENERGIE). The convocation was duly recorded in the minutes of the general assembly and authenticated by a court bailiff. The transfer of power from the founding members to the new leadership of COSYFOP, led by Mr Raouf Mellal, included the handover of the constitutional statement and the old statutes. The five-year term of the newly elected leadership ends in 2023.
2. 72. COSYFOP notified the Ministry of Labour, Employment and Social Security of the change in its leadership, and the Ministry acknowledged receipt of the administrative file. This file included the minutes of the changeover general assembly, duly signed by a court bailiff, and the organization’s new statutes. In addition, the restructuring of the organs of COSYFOP was published in a national daily newspaper, in accordance with article 17 of Act No. 90-14 on modalities for the exercise of the right to organize. COSYFOP has its own bank account and a registered office. Following this legal change in leadership, COSYFOP was recognized by a number of public bodies and now has more than 10,000 members across the country.
3. 73. Nonetheless, since August 2018, COSYFOP has had to deal with the intent of the Government to hinder its activities. In the face of this situation, COSYFOP met with the high-level ILO mission that visited Algiers following the June 2018 conclusions of the Committee on the Application of Standards of the International Labour Conference. The situation has remained unchanged and COSYFOP has regularly submitted information on the anti-union measures to which it has been subjected to the ILO’s supervisory bodies, which have made recommendations to the Government. Nonetheless, COSYFOP reports that the Government’s repression of the organization and its members has only intensified.
4. 74. In its communication dated December 2023, COSYFOP provides information about the organization of the Confederation’s national congress on 4 March 2023, held remotely via a communication platform, chaired by Mr Ramzi Derder, who was elected President of the congress. A new national bureau was elected for a five-year term, until 2028. Among the members of the bureau, Mr Raouf Mellal was re-elected President of the Confederation and Mr Abdelmadjid Baby Hakim Bousane was re-elected Secretary-General of the Confederation. COSYFOP notes that it has provided copies of the minutes of the election of the new bureau, recorded by a court bailiff, the notice that appeared in a national daily newspaper and the letter informing the Ministry of Labour. COSYFOP requests that all members of its national governing body are able to exercise their trade union mandate without hindrance or threat.
5. 75. Furthermore, COSYFOP convened an extraordinary congress on 20 October 2023, also held remotely via a communication platform, to amend its statutes and bring them into line with the new Act No. 23/02 of 25 April 2023 on the exercise of the right to freedom of association. The amendments that were made to the Confederation’s statutes were, in accordance with the provisions of the law, published in an Arabic language daily newspaper, certified by a court bailiff and reported to the Ministry of Labour. COSYFOP reports that, to date, it has not received any observations from the Ministry of Labour about the amendments made to its statutes.
6. 76. The complainants report that, following the publication of the report of the Committee of Experts on the Application of Conventions and Recommendations (CEACR) in February 2020, which contained observations on discriminatory measures against trade union leaders and members, in particular independent trade unionists, including the members of COSYFOP, the Government began setting up a parallel bureau within COSYFOP. In that regard, a pseudo COSYFOP general assembly was held on 16 February 2020, without a single trade union representative or worker present, which elected a bureau under the supervision of one of the directors general of the enterprise SONELGAZ (hereafter the energy company).
7. 77. The complainants recall that the Government has regularly used the technique known as “cloning”, as previously with the National Autonomous Union of Public Administration Personnel (SNAPAP) and the Autonomous National Union of Electricity and Gas Workers (SNATEG). Since the 1990s and according to a similar scenario, a dissident faction made up of opportunistic militants or people who have been manipulated is set up within an independent trade union, which rapidly leads to a schism. The sole objective of the schism is the establishment of a new organization, a clone of the original, that is willing to compromise with the authorities.
8. 78. The complainants recall that as a result of COSYFOP’s new statutes (articles 25 and 17), adopted at the July 2018 general assembly, the Confederation’s bureau has a mandate of five years which cannot be interrupted before the end of the term. They note that the pseudo general assembly in February 2020 was authorized by the administrative authorities in the Algiers wilaya (province), which would appear to confirm that the meeting was convened by the Government, and that it was held under the supervision of the director general of the private health insurance company of the energy company group, which has no links to COSYFOP, and under police protection. In addition, the complainants emphasize that no trade union representative or worker from COSYFOP was present at that pseudo general assembly, and several of the participants included in the minutes of the meeting were not members of COSYFOP. In addition, several leaders of the parallel bureau (Kelab Debih Nesrine, Houari Nessrine and Tebbi Belgacem) were not members of COSYFOP.
9. 79. The complainants note that following the sham election of the parallel bureau, the new pseudo leaders sent messages to companies, ILO supervisory bodies and international trade union federations, stating that the COSYFOP bureau led by Mr Raouf Mellal was now illegal and that the new COSYFOP bureau was led by Mr Zakaria Benheddad (a worker dismissed by the energy company). In light of that situation, the legitimate COSYFOP national confederation council denounced such Government interference and reaffirmed its support for its President, Mr Raouf Mellal.
10. 80. The complainants deplore the fact that, in addition to cloning its leadership, the administrative and security authorities closed the entrance to the COSYFOP headquarters in Algiers, on 21 February 2020. The stated reason for that closure is the refusal of the authorities to recognize the results of the general assembly elections held on 30 July 2018. The complainants emphasize that the authorities did not even go through the courts to take the decision to close the union headquarters. Moreover, the complainants affirm that the COSYFOP headquarters had always been under constant surveillance by the authorities. Everybody who approached it was stopped by the security forces.
11. 81. The complainants denounce the fact that, following the meeting between the leaders of COSYFOP and the high-level ILO mission in May 2019, in particular following the conclusions of the Committee on the Application of Standards in June 2019, the Ministry of Labour, Employment and Social Security sent letters to the various public bodies to disqualify and reprimand trade unions and members affiliated with the Confederation. Since July 2019, the Ministry of Labour, Employment and Social Security has incited the administrations, ministries, employers and security services to refuse to deal with COSYFOP. Therefore, the complainants allege that the Ministry of Labour, Employment and Social Security, the Ministry of Energy and the Ministry of the Interior have requested all organs of State to oppose any form of activity by COSYFOP. All these difficulties have resulted in many people being laid off.
12. 82. In addition, the complainants denounce the situation of escalation that has led to systematic accusations of terrorism made against members of COSYFOP since the amendment of the Criminal Code in June 2021, in particular its article 87 bis which broadened the definition of terrorism to include working towards or inciting change, to access power or to change the system of government by unconstitutional means. According to the complainants, this overly broad definition allows the authorities to criminalize calls to strike or worker protests, and all peaceful calls for a change in government. Following that amendment, the Government launched a widespread campaign of persecution against members of COSYFOP, which it now considers to be a terrorist organization. In July and September 2021, COSYFOP alerted the Office and the ILO supervisory bodies to the attacks made against several of its members and affiliates (Mr Ramzi Derder, Mr Nacer Hamitouche, Mr Mohamed Mecelti, Mr Nasredine Rarbo, Mr Hicham Khayat and Mr Hamza Kharroubi) who had been summoned by the police or the gendarmerie, detained and charged with belonging to a terrorist organization by virtue of article 87 bis of the new Criminal Code, which is being exploited in a scandalous manner and used against the independent trade union movement. In this regard, the complainants recall that a group of United Nations experts (the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; the Working Group on Arbitrary Detention; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; the Special Rapporteur on the rights to freedom of peaceful assembly and of association; and the Special Rapporteur on the situation of human rights defenders), in a communication sent to the Algerian Government on 27 December 2021, expressed great concern at this very broad definition of terrorism and the imprisonment of human rights activists and trade unionists in the framework of the so-called fight against terrorism.
13. 83. The complainants denounce the fact that the Government has launched a fierce campaign against all trade unions affiliated with COSYFOP by sending letters to the administrative bodies affirming the illegality of the leaders of COSYFOP. The Government has urged these bodies to lay off the trade unionists concerned, thereby flagrantly hindering the exercise of the right to organize.
14. 84. According to COSYFOP, these letters indeed resulted in the firing of the following leaders of the National Union of the Higher Institute of Management (STISG): (i) Ms Amel Chalabi, President of STISG; (ii) Mr Kerim Tarek Zinat, Secretary-General of STISG; and (iii) Mr Mohamed Ouslam, National Secretary of STISG. Following a call from COSYFOP, the labour inspectorate refused to order these trade union leaders to be reinstated to their posts. These workers were therefore fired for the sole reason of belonging to COSYFOP.
15. 85. Moreover, the Commission for Electricity and Gas Regulation (CREG) issued memoranda about the illegality of the primary union affiliated to COSYFOP and threatened the workers with dismissal and criminal charges, which enabled the employers to impose serious restrictions on all members of the national Workers’ Union of the Commission for Electricity and Gas Regulation (STCREG)
16. 86. Lastly, COSYFOP alleges that 17 trade unionists affiliated with the National Union of Workers for the enterprise BATIMITAL (SNTSB-COSYFOP) – of whom it provides a detailed list – were dismissed on 24 October 2019 based solely on their affiliation with the Confederation. The administration blackmailed these workers, compelling them to resign from the Confederation in exchange for their reinstatement. The Confederation immediately called upon the labour inspectorate, requesting the enforcement of article 56 of Act No. 90-14 on modalities for the exercise of the right to organize. However, the inspectorate refused to respond to the request for the trade union members to be reinstated. On 2 February 2020, the 17 trade union members were summoned by the examining magistrate of the fifth chamber at the El Harrach tribunal in order to persuade them to withdraw from the union. They were reinstated to their posts after stating that they would resign from COSYFOP.
17. 87. The complainants denounce the communications sent to the offices of the social security fund encouraging the dismissal of the members of the National Federation of Workers in Social Security Funds (FNTCSS), affiliated with COSYFOP, which resulted in the dismissal of the President of FNTCSS, Mr Ayoub Merine, and his resignation from the union shortly after his reinstatement.
18. 88. In addition, the complainants denounce the harassment suffered by members of COSYFOP and their repression by means of the authorities’ misuse of justice to their own advantage. They highlight in particular the serious situation of the following union leaders, as of the date the complaint was put before the Committee.
19. 89. Mr Raouf Mellal: according to the complainants, the harassment that Mr Raouf Mellal, President of COSYFOP, has been subjected to a very dangerous turn after his meeting with the high-level ILO mission in Algiers in May 2019 and his statement to the Committee on the Application of Standards at the International Labour Conference in June 2019. Alongside several other trade unions and members of the Workers’ group, he denounced the Government of Algeria’s abuses and violations of the right to organize. Upon his return to Algeria, Mr Mellal was arrested at the airport. During the three hours that he was detained, Mr Mellal was assaulted, intimidated and threatened with prison by the police. He was forced to sign a statement concerning his trade union activities at COSYFOP and at SNATEG, and about his trip to Switzerland. Confronted with attempts to intimidate him and death threats, Mr Mellal moved house and decided to withdraw from public life for a period of time.
20. 90. In November 2019, newspapers and social network pages with no relationship to COSYFOP relayed a complaint from COSYFOP addressed to the ILO concerning the arbitrary dismissals and prison sentences of its members. The media used this complaint in a campaign of propaganda against Mr Mellal, accusing him of being a traitor and a spy for foreign organizations. This campaign aimed to convince public opinion that the President of COSYFOP should be imprisoned and sentenced to death. On 28 November 2019, the national police descended on the COSYFOP headquarters and made Mr Amine Bouzerzour, President of the National Federation of Informal Economy Workers, who was on site, to sign the summons, forging the signature of Mr Mellal. After that, Mr Mellal’s lawyer informed him of the risk that he would face by attending the summons, insofar as he was in danger of being arrested for espionage and treason. In Algeria, an accusation of espionage is extremely dangerous and can lead to the death penalty, in accordance with the Criminal Code. For these reasons, Mr Raouf Mellal did not turn himself in to the police, and decided to flee the country with his family. Mr Mellal obtained political refugee status in Switzerland and lives there. COSYFOP emphasizes that this refugee status is a recognition of the very real threats hanging over Mr Mellal and the fact that he and his family deserved protection.
21. 91. Mr Abdelkader Kouafi: Secretary-General of COSYFOP, Mr Kouafi’s residence was searched by the security services on 6 July 2023 and he was detained for more than a week from 6 to 14 July 2023. According to COSYFOP, Mr Kouafi was subjected to torture and threats during his detention and was interrogated about his activities at SNATEG, including the case before the Committee on Freedom of Association that had received conclusions and recommendations in June 2023 (Case No. 3210). Mr Kouafi was threatened with detention due to a defamation conviction handed down in February 2018 by the Blida Court of Appeal and informed that he was also being accused of espionage for foreign organizations. In order to secure his freedom, Mr Kouafi had to sign a statement affirming that he would no longer be a militant at SNATEG or COSYFOP. Mr Kouafi decided to flee the country and now lives in Europe.
22. 92. Mr Nacer Hamitouche: COSYFOP representative for the Algiers wilaya, he was arrested on 18 September 2019 by the military security services and interrogated for ten hours. The military security services threatened him with imprisonment for harming national unity. He was also informed that all members of COSYFOP would be imprisoned. During his incarceration, he was advised to withdraw from the Confederation to avoid issues. On 3 January 2022, Mr Hamitouche was again arrested and detained for ten days in the Algiers police jail. He was subjected to psychological torture by means of a very long investigation of his trade union activities, his political beliefs, his relationship with the President of COSYFOP, Mr Raouf Mellal, who is exiled in Switzerland, and the information that had been sent to the ILO. After ten days of investigation, Mr Hamitouche was accused of suspected terrorism and harming national unity. Nonetheless, thanks to civil society mobilization, the examining magistrate ordered him to be released and put under judicial supervision, while also maintaining the threat of imprisonment if he continued to post on Facebook. On 3 February 2022, the indictments chamber of the Algiers court issued an arrest warrant and an order to annul the examining magistrate’s ruling. The indictments chamber wanted to put Nacer Hamitouche back in prison. He decided to flee the country.
23. 93. Mr Hamza Kherroubi: former President of the National Union of Personal-Care Workers (SNAS) and President of the Pharmaceutical Industry Workers’ Union (STIP), he was arrested on 9 December 2019 in the Tipasa wilaya and detained for one night at the police station. This arrest happened even though the police had been informed of the seriousness of his illness and need to rest. The police investigation focussed on the call to strike on 8 December 2019 issued by COSYFOP. Mr Kherroubi reports that it was suggested that he give false testimony in exchange for his release, accusing Mr Mellal of being a spy for international institutions and of receiving money from foreign organizations. After he refused, Mr Kherroubi was accused of inciting a mob and of harming national unity and an official institution by means of Facebook posts. On 10 December 2019, after one night of detention and due to his poor health, the judge sentenced Mr Kherroubi to one year in prison without parole but with conditional release. Faced with that legal pressure, Mr Kherroubi decided to flee the country in February 2020 and seek political asylum abroad. He nonetheless decided to return to Algeria in December 2020. On 2 January 2022, the courts issued a search warrant against him. The police attempted to arrest him at his home in Tipasa, but were unable to find him. The situation once again became unbearable, Mr Kherroubi decided to leave the country again and to flee to Europe in July 2022.
24. 94. Mr Mohamed Essalih Bensdira: President of the National Committee for the Unemployed, he was arrested on 5 September 2019 by the Guelma wilaya gendarmerie and assaulted during the arrest. He was forced to sign a statement resigning from COSYFOP. He was released and then summoned to the gendarmerie a second time on 7 October 2019. This harassment by the security forces led Mr Bensdira to flee the country.
25. 95. Mr Amine Felih: founding member of COSYFOP’s National Federation of Informal Economy Workers, he was arrested on 16 February 2022, then charged with membership of a terrorist organization and detained for a month and a half. He was released on 30 March 2022 following a big campaign led by Algerian civil society and after a letter of solidarity addressed to the President of the Algerian Republic was sent by international trade union federations (IUF, IndustriALL and PSI). He was arrested again on 16 March 2023 and served a one-year prison sentence in Blida before being released on 20 June 2023 after an appeals ruling and following international mobilization, including an intervention from the International Labour Office.
26. 96. Mr Omar Harid: Secretary-General of the COSYFOP bureau in the Guelma wilaya, he was arrested by the internal security services on 3 October 2019. He was forced to sign a statement in which he committed to stop protesting and withdraw from the Confederation.
27. 97. Mr Mohamed Mecelti: member of the COSYFOP communication department and journalist for a public daily newspaper, he was arrested on 11 January 2022 and put under judicial supervision on 13 January 2022 on suspicion of terrorism and harming national security. Mr Mecelti resigned from COSYFOP upon his release.
28. 98. Mr Nasredine Rarbo: member of the communication department and contributor to COSYFOP’s official Facebook page and website, he was arrested by the police on 7 January 2022 as part of the Government’s campaign against the leaders of COSYFOP in Algiers. The examining magistrate ordered him to be put under judicial supervision on 13 January 2022 on suspicion of terrorism and harming national security. Mr Rarbo now lives in fear of being imprisoned at any moment.
29. 99. Ms Rym Kadri: President of the National Federation of Education Workers affiliated with COSYFOP, she was arrested on 11 October 2019 by police in Ouargla wilaya. She was subjected to a very violent interrogation for more than five hours. Ms Kadri was released after being forced to sign a statement that was different to what she had reported to the police. She was then summoned before the Attorney-General of the Republic at the Ouargla tribunal, who threatened her with prison if she continued her trade union activities. Ms Kadri was arrested again on 24 November 2019 and detained for one day. She again appeared before the examining magistrate at the Ouargla tribunal, who ordered her to be placed under judicial supervision and imposed a travel ban. Ms Kadri was then charged with: (i) recruiting members (for COSYFOP) without authorization; (ii) harming national security, due to her having signed a declaration calling for a general strike in the education sector; (iii) unauthorized assembly, relating to the sit-in organized in front of the court demanding the release of the young people from the popular movement from the Ouargla wilaya who had been detained; (iv) hindering the elections; and (v) incitement of an assembly. Ms Kadri had her mobile telephone confiscated and suffered serious psychological pressure. After two days’ imprisonment, intimidation and investigations, Ms Kadri was released on the condition that she resign from COSYFOP and was placed under judicial supervision.
30. 100. Mr Oussama Azizi: following the resignation of Ms Rym Kadri from COSYFOP, Mr Azizi was elected by the Federal Council of the National Federation of Education Workers to replace her. However, shortly after the minutes of his election were sent to the national Ministry of Education, Mr Azizi was summoned by the police for an investigation into his trade union activities and his posts on social media. Mr Azizi was sentenced to six months in prison without parole and a fine of 100,000 Algerian dinars for inciting a mob and spreading false information. Mr Azizi had to resign from COSYFOP.
31. 101. Mr Ramzi Derder: member of the national bureau of the National Federation of Informal Economy Workers, affiliated with COSYFOP, he was harassed by the police for two years for his trade union activities and his involvement in Hirak movement demonstrations (a peaceful democratic people’s movement). He continued to denounce anti-democratic and anti-union repression on social media after the demonstrations were stopped due to the COVID-19 pandemic health restrictions. Mr Ranzi Derder was arrested on Wednesday 30 June 2021 by agents from the national gendarmerie and his family home in the Batna wilaya was searched. He was assaulted by the national gendarmerie investigators in Batna for four consecutive days. The judicial enquiry was motivated by his posts on social media criticizing Government policy. The international trade union movement has mobilized in response to Mr Derder’s situation, international trade union federations (IUF, PSI and IndustriALL) have called on the President of the Republic to release Mr Derder and the Office has approached the Government on two occasions. Nonetheless, the Government has responded by demonstrating its contempt for the presumption of innocence, for the exercise of the right to organize and for international organizations. Mr Derder went on hunger strike, which he had to abandon after one week. On 18 July 2021, the indictments chamber of the Court in Batna upheld the provisions of the order from the examining magistrate at the tribunal in Merouana and the committal order for Mr Derder. As of the date that the complaint was submitted to the Committee on Freedom of Association, Mr Derder was still in prison having been falsely accused. The Government refuses to release him or even to schedule a trial to enable him to defend himself.
32. 102. Mr Hicham Khayat: leader member of the SNATEG trade union section of the Electricity and Gas Training Institute and representative for the wilaya of Blida, he was arrested by the police on 4 January 2022 and incarcerated until 10 January 2022. He then appeared before the examining magistrate, who ordered that he be placed under judicial supervision. He is accused of suspected terrorism and harming national security. The legal investigation relates to his trade union activities, in particular his membership of COSYFOP and SNATEG, his political views and his posts on Facebook. Falsely accused of terrorism, he resigned from COSYFOP after being blackmailed by the security services, in order to be acquitted of all the accusations made against him.
33. 103. Mr Ayoub Merine: President of the Federation of Social Security Fund Workers, a defamation complaint was made against him by the social security service. According to COSYFOP, the motive for this complaint was his posting a copy of the summons to the disciplinary council that he had received on social media. He had posted the summons and called for support and solidarity from the workers. Nonetheless, the social security services considered this post to be divulging trade secrets and defamation of the employer. Mr Merine was eventually sentenced to two months imprisonment without parole for defamation of the administration.
34. 104. Mr Slimane Benzine: member of the confederate bureau of COSYFOP, he has been sentenced to imprisonment without parole on several occasions for posting simple communiqués on social media, shedding light on the degrading socio-professional situation of the workers at the energy company. He is still regularly harassed by the police in the Tougourt wilaya, on the orders of the public prosecutor’s office, for his comments on social media denouncing the deterioration of freedom of expression in Algeria. Mr Benzine was summoned to a judicial enquiry on two occasions, on 3 and 5 September 2020, and interrogated about his membership of COSYFOP and his activities on social media. Mr Benzine was released after eight hours of arbitrary detention.
35. 105. Mr Abdeldjebar Mustapha Bennouna: member of the COSYFOP National Youth Committee and member of the Algiers wilaya bureau, he joined the National Federation of Informal Workers in March 2023 in order to establish a union dedicated to bus conductors. Mr Bennouna was arrested by the police on 24 September 2023 and sentenced in an immediate trial by the Larbaa tribunal to 18 months’ imprisonment without parole for offending the President of the Republic, inciting an illegal mob and offending the institutions of State on social media. After the intervention of the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association with the Government, Mr Bennouna was released from prison on 4 December 2023 following a decision by the Blida court. However, he still has a one year suspended prison sentence. According to COSYFOP, this sentence hinders his trade union activities, in particular, in the establishment of an organization of workers in the informal sector. COSYFOP demands that the leaders of the Federation of Informal Workers, including Mr Bennouna, be able to carry out their activities without hindrance, in an environment free of threats or violence.
36. 106. Mr Moustapha Lahouiri: elected to the national bureau of COSYFOP on 4 March 2023, Mr Lahouiri was verbally dismissed from his post as a contractual forestry agent for the Bordj Bou Arreridj forest Conservancy on 23 March 2023. He has also been subjected to judicial harassment by being summoned by an attorney-general of the Republic in a different jurisdiction every month by telephone message, in order to provide information about COSYFOP and the environmental protection committee affiliated with COSYFOP that he chairs.
37. 107. In addition, the complainants denounce other forms of suppression of trade union activity, including the occupation of the COSYFOP premises in Algiers on 31 October 2019, while hundreds of thousands of protestors were calling for freedom and democracy in Algeria, and the questioning of 32 members and leaders of the union, in particular Mr Abdeljalil Rmidi, president of the Union of Workers at Tonic packaging, Mr Hamid Messaoudene and Mr Raouf Sassi, COSYFOP delegates in the Ouargla wilaya. They were all taken to the police station where they were advised to withdraw from the Confederation. According to those that were detained, police officers stated that the Confederation would soon be dissolved and all its members would be imprisoned for espionage and corresponding with foreign organizations. The leaders of COSYFOP were also accused of being part of a “Zionist” organization.
38. 108. COSYFOP recalls that in September 2019 it had made proposals to the Government regarding the amendment to the bill amending Act No. 90-14 on modalities for the exercise of the right to organize. Nonetheless, it notes that the Government shut the door to all dialogue and its proposals were not taken into consideration. Also recalling that the bill proposed by the Government contained several articles that violated Convention No. 87, COSYFOP observed that the Government launched a local media campaign in February 2022 without having previously consulted the independent trade union organizations. COSYFOP brought this to the attention of the ILO supervisory bodies, but the bill was adopted and creates several barriers to the exercise of freedom of association. COSYFOP draws particular attention to the maintenance of articles 60 and 61 of the Act, which punish any trade union member who opposes the dissolution of their union, even verbally. The punishment incurred can be up to two years imprisonment without parole. COSYFOP denounces the fact that the two articles could directly target members of SNATEG who oppose the dissolution of their unions. If that happens, it could legally block the conclusions of the Committee on the Application of Standards and the recommendations of the Committee on Freedom of Association in the case concerning SNATEG.
39. 109. They request the Committee to recommend that the Government: (i) repeal articles 60 and 61 (dissolution of trade union organizations) of Act No. 90-14, as amended; (ii) take into account the recommendations and comments of the United Nations special rapporteurs about the “anti-terrorist” laws and regulations in the new Criminal Code, in particular article 87 bis, and adopt appropriate and transparent measures to ensure that that article is not used to punish legitimate peaceful trade union activities, in accordance with international labour standards; (iii) stop misusing the legal system to criminalize peaceful and legitimate trade union activities and to persecute trade union leaders and members; (iv) respect the principle that Algerian trade unions’ recourse to the ILO and its supervisory bodies is a recognized expression of freedom of association, protected by ILO Conventions Nos 87 and 98; (v) withdraw all charges, arbitrary prison sentences and threats against the President of COSYFOP, Mr Raouf Mellal, and the leaders of COSYFOP, including Mr Hamza Kherroubi and Mr Nacer Hamitouche, who have been forced into exile; (vi) guarantee the return to the country of Mr Raouf Mellal, Mr Hamza Kherroubi and Mr Nacer Hamitouche and their protection from injury once there, as well as their freedom to exercise their trade union rights in the organization of their choosing without fear; (vii) stop all interference in the affairs of trade unions, in particular the establishment of parallel pseudo-bureaus (cloning); (viii) restore the legitimate bureau of COSYFOP led by its President, Mr Raouf Mellal (elected on 30 July 2018 for a five-year mandate, according to the organization’s statute) and recognize it as a legitimate organ of the trade union; (ix) lift the sealing of the COSYFOP headquarters in Algiers, as well as all the administrative obstacles imposed by the Ministry of Labour, Employment and Social Security, and provide compensation for all damages and losses incurred; and (x) reinstate and compensate all the members of COSYFOP who were dismissed because of their trade union activities.
40. 110. Lastly, COSYFOP reaffirms its willingness to seek to engage in constructive dialogue with the Government, without preconditions, in order to draw up a road map to ensure the implementation of the recommendations and resolutions issued by the ILO supervisory bodies.

B. The Government’s reply

Change in leadership of COSYFOP

1. 111. In its response, the Government recalls that it has, on several occasions, provided all the information about COSYFOP to the International Labour Office. In that regard, since October 2018, the Government has reported to the Office that Mr Mellal fraudulently used the COSYFOP name after the Ministry of Labour, Employment and Social Security had published the list of registered trade union organizations. Mr Mellal had been informed by the Labour Relations Directorate, in letter No. 429/DRT/18 dated 27 September 2018, that the general assembly of 30 July 2018 did not comply with the provisions of Act No. 90-14 on the modalities of the exercise of the right to organize or the procedures established by the statutes of that trade union organization. Moreover, the Government had also made the Bureau aware that the people concerned had never been members of one of the constituent trade union organizations of COSYFOP, and that Mr Mellal does not have the authority or legal membership of that trade union organization, which has not recorded any trade union activity since its establishment in February 1991. The Government also recalls having provided all the necessary information to the high-level mission that visited Algiers in May 2019 and to the CEACR, to refute the allegations made by those who had seized the statute of COSYFOP without respecting the legal and statutory provisions of that union and without the presence of any members or affiliates of its constituent unions.
2. 112. The Government recalls that COSYFOP was registered on 4 February 1991 as an organization covering the public productive sector, according to its statute deposited at the Ministry level. Its President was Mr Benzaid Ben Ibrir and the Confederation was made up of three unions that have not, to date, declared their withdrawal from that confederation: (i) the National Union for the Railway Sector (SNSTF); (ii) the National Union for the Ammonia/Fertilizer Sector (SNSAE); and (iii) the National Union for the Marketing and Distribution of Petroleum Products Sector (SNSCDPP). However, these three trade union organizations did not attend the general assembly organized by Mr Mellal on 30 July 2018, at the end of which he and Mr Kouafi Abdelkader had supposedly been elected President and Secretary-General of COSYFOP. The Government notes that the COSYFOP file contained a document relating to the establishment of a presumed union between two trade unions that had been inactive for several years: the National Union of Energy Workers (SNT ENERGIE) and the National Union of Industrial Workers (SNSI). In this regard, letters (No. 430/DRT/18 dated 27 September 2018 and No. 431/DRT/18 dated September 2018) were sent to Mr Ben Haddad who had declared himself President of SNT ENERGIE and Mr Meziane Moussa who claimed to be the President of SNSI, respectively, to inform them of their non-compliance, particularly with the rules for convening the general assembly as listed in the statutes of COSYFOP. Moreover, according to the Government, COSYFOP never sent information regarding its trade union representativeness, in accordance with the legislation and regulations in place at the time, and that contradicts the information provided by Mr Mellal stating that there were 10,000 members.
3. 113. In addition, with regard to the allegations that the receipt of the administrative dossier sent to the Ministry of Labour, Employment and Social Security had been duly acknowledged by the Minister’s office, the Government recalls that current labour legislation does not state anywhere that the fact that a union deposits a dossier with the public authority recording the restructuring of its leadership bodies or the revision of its statutes constitutes an automatic recognition of the compliance of such changes with the law and the statutes of the union in question. Moreover, the minutes of the “changeover” general assembly sent by Mr Mellal did not mention the transfer of instructions with the founding members, as he indicated in his complaint.
4. 114. The Government affirms that copies of the constitutional statement of COSYFOP and its old statutes were obtained fraudulently in order to obtain the status of leader of a trade union organization. These are not tangible proof of changes in the leadership bodies and the administration of the trade union organization in question. The minutes of the general assembly constitute the legal basis that record all modifications in the functioning of the trade union organization and serve as evidence in case of any dispute. These minutes have legal value, unlike the simple presentation of copies of wrongfully obtained documents.
5. 115. The Government recalls that if the formalities relating to the establishment of trade union organizations, their composition and structure involve the collective rights of the unions, starting with the autonomy of the organizations, they must operate within the law. In this regard, the Government believes that the fact that the competent authority requires that the provisions of the statutes of the trade union be respected does not undermine the principle of freedom of association, particularly not when it comes to provisions concerning matters that affect the very existence or structure of a union (approval and amendment of statutes, changes in leadership bodies, dissolution, etc.), and this aims to guarantee the right of the organization’s members to participate in a democratic manner.
6. 116. In conclusion, the Government believes that COSYFOP, which had ceased its activities in 1991, has been illegally revived through a change in its leadership bureau and the amendment of its statutes by people who do not have any trade union affiliation, without respecting the statutory provisions of the trade union organization in question and the presence of its founding members. The Government recalls that recognition of the status of union leaders is assessed according to criteria established in law and by the statutes of the organization concerned, with recourse to judicial remedies in case of any dispute.
7. 117. With regard to the allegations concerning the closure and sealing of the COSYFOP headquarters, the Government states that these are measures taken by the competent public authorities in their missions to ensure respect for security and public order in relation to a trade union organization led by people appointed or elected illegally and without respect for the statutes of the organization in question. Moreover, the Government states that the measure was taken in accordance with decisions from the competent jurisdiction. In addition, the Government notes that the supposed members of COSYFOP have not made use of their constitutional right to have recourse to justice to request the cancellation of the decision to close the union organization’s headquarters. In addition, the Government states that information gathered about the closure of the premises used as the union headquarters did not match the address contained on the receipt of the union’s registration and no legal change of address document has been sent into the administration by the leaders. According to the Government, these were in fact premises rented by the supposed leaders of the union to use for the purposes of propaganda and distribution of false information to undermine public security and public order. These acts of incitement are punishable by law and have no relation to trade union activities.
8. 118. With regard to COSYFOP’s allegations of persecution of its members and leaders, including those accused of belonging to a terrorist organization, and of misusing justice to its own advantage, the Government observes that it is trying hard to defend national security and maintain public order. In that regard, members of organizations with links to terrorism, who take on the guise of trade union organizations, should not be used as a pretext against the country. The Government recalls that legally established unions of workers or employers are actively engaged in society and have total freedom in their activities. They participate as partners in social dialogue and collective bargaining. In addition, the freedom of union delegates and their right to organize activities promoting and defending the professional interests of the members of their organization are fully protected.
9. 119. The Government states that the 1 November 2020 constitutional amendment established the rights and freedoms laid out in international human rights treaties and conventions, including the fundamental labour rights laid out in particular in the fundamental ILO Conventions ratified by Algeria. All citizens enjoy these rights and freedoms, which repeats national legislation, in particular that regarding the world of work in all its diversity. Article 69 of the constitution establishes, among other things, the right to organize. In the same way, the national constitution dedicated a heading to fundamental rights and public freedoms, laid out in the provisions of articles 34, 35, 37, 41, 44 and 52. These rights and freedoms are exercised within the framework of the laws governing them, in order to ensure that they are protected and can be enjoyed by all citizens, on an equal footing. However, everyone must respect the constitution, comply with the laws of the Republic and take responsibility for their own actions.
10. 120. With regard to the allegations relating to the provisions of article 87 bis of the Criminal Code and its use to restrict the activities of trade unionists, the Government notes that it has been informed of a report in which the Special Rapporteurs from the Office of the United Nations High Commissioner for Human Rights shared their concerns about the definition of terrorism contained in Algerian law and believe that it does not comply with Security Council resolution 1566 published in October 2004, which defines acts of terrorism. The Government states that the legislator did not define the concept of terrorism, simply enumerating things that are considered to be terrorist acts, in article 87 bis of the Criminal Code, which reads as follows:
    • Any act targeting the security of the State, the integrity of the territory, the stability and normal functioning of institutions is considered to be a terrorist act or sabotage when the purpose of its action is:
    • (a) to spread terror in the population and create a climate of insecurity, morally or physically attacking people or endangering their life, their freedom, or their security, or by attacking their possessions;
    • (b) to obstruct traffic or freedom of movement on the roads and occupy public spaces in crowds;
    • (c) to attack symbols of the nation and the Republic and desecrate graves;
    • (d) to attack means of communication and transport, public and private property, by taking possession of them or unduly occupying them;
    • (e) to attack the environment or introduce into the atmosphere, on the land, under the ground or in the waters, including in the territorial sea a substance that endangers the health of humans or animals or the natural world;
    • (f) (to obstruct the action of the public authorities or the exercise of the freedom of worship and public freedoms, as well as the functioning of establishments that contribute to public service;
    • (g) to obstruct the functioning of public institutions or attach the life or property of its officials, or to obstruct the application of laws and regulations;
    • (h) the hijacking of aircraft, ships or any other means of transport;
    • (i) the damaging of installations for aerial, maritime or terrestrial navigation;
    • (j) the destruction or damage of means of communication;
    • (k) the taking of hostages;
    • (l) attacks using explosives or biological, chemical, nuclear or radioactive materials;
    • (m) financing of a terrorist or a terrorist organization;
    • (n) working towards or inciting, by any means, to access power or to change the system of government by unconstitutional means;
    • (o) to attack or incite an attack on the integrity of the national territory, by any means.
11. 121. The Government notes that, in their observations, the Special Rapporteurs used Security Council resolution 1566 (2004) as the sole basis to affirm that the methods used should be deadly; they did not make any reference to resolutions 1617 (2005) and 2368 (2017), in which certain acts are designated as terrorist acts without the requirement that the methods used are necessarily lethal. These resolutions stipulate that these acts “are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature”, which means that the Security Council left it up to States to determine which acts qualified as terrorism, which permits Algeria to consider acts affecting the security of the State, national unity, territorial integrity and stability and the normal functioning of institutions as acts of terrorism, just as the European Union considers as terrorism acts endangering people’s lives or causing significant economic losses.
12. 122. With regard to the concerns over the use of the final amendment to article 87 bis of the Criminal Code, in particular concerning the fact of “seeking by any means to access power or to change the system of government by unconstitutional means or inciting somebody to do so” as a means of taking legal action against opponents, political activists or human rights defenders, the Government believes these concerns to be unfounded, insofar as this article requires the method used to be unconstitutional. The Government recalls that opposing power is a constitutional right, as is political activity or activity related to human rights.
13. 123. The Government notes that Act No. 90-14 of 2 June 1990, as amended and supplemented, on modalities for the exercise of the right to organize, guarantees registered trade union organizations the free exercise of their right to organize and punishes any act of discrimination or interference, so that these rights and freedoms can be exercised in a healthy environment away from violence from any source. It also recalls that, apart from the right to seek judicial review for all acts and actions of the various public bodies, every person may also apply to the Constitutional Court if they believe that the public power has violated any of their fundamental rights and freedoms secured under the Constitution.
14. 124. With regard to the allegations concerning the arrests of members of COSYFOP and its affiliated organizations, the Government notes that it has regularly sent information to the Bureau about certain cases that demonstrates that the people concerned have effective remedies before the competent jurisdictions. Nonetheless, the Government emphasizes that any trade union and its members are bound to respect the law, as stated in the provisions of article 8 of Convention No. 87. Therefore, exercising the right to organize should not lead these people to act counter to their duties and responsibilities, even if they have fundamental rights and freedoms recognized by the Constitution.
15. 125. The Government states that, according to the competent jurisdictions, these people have been sentenced for their links to terrorist organizations and are using the trade union activity by using social networks to conceal their illegal acts. When these people are brought to justice, the pseudo union leaders present them to be trade unionists prosecuted due to their trade union activity. The Government wants to make clear that the people cited in the complaint, some of whom were not unionists or union leaders, have not been deprived of their freedom or imprisoned for their trade union activities, but for subversive activities unrelated to trade unionism. Therefore, the arrests were not incompatible with freedom of association but related to the application of the laws of the Republic to maintain security and public order.
16. 126. With regard to the allegations that the authorities interfered in the affairs of COSYFOP, the Government recalls that the protection of workers’ and employers’ organizations from any and all acts of interference is guaranteed in law, in particular by the provisions of article 15 of Act No. 90-14, by virtue of which “except in cases expressly provided for by the law, it is prohibited for any legal or physical person to interfere in the functioning of a trade union organization”. This provision clearly prohibits any act of interference, whatever the form or method used, by legal or physical persons (employer, trade union, administration), not just in the internal functioning of trade unions, but in any act would result in discrimination or influence over trade unions and their trade union activities. The law therefore allows punishments for interference.
17. 127. The Government notes that some allegations relate to the behaviour of the security services and employers who were alleged to have tried to compel the leaders of COSYFOP bodies or affiliated organizations to resign. The Government emphasizes that Mr Mellal cannot be considered to be the legal COSYFOP representative due to his non-respect for the law and the statutes of the union in question, as indicated earlier. Moreover, since COSYFOP is not a representative organization it cannot legally establish union structures at the level of the employers’ bodies or different workplaces. In addition, the Government has already had to inform the Bureau that Mr Mellal and certain people mentioned in the complaint have violated union ethics by turning to practices that depart from the democratic rules of trade union representation, by means of communiqués attacking State institutions, in which they call for political change and forceful disobedience, thereby presenting themselves as disruptors of public order, which is contrary to international norms on freedom of association, in particular Article 8 of Convention No. 87.
18. 128. With regard to the allegations about the administrative correspondence sent to the offices of the social security fund describing COSYFOP as an illegitimate organization, the Government notes that this correspondence from the services of the Ministry of Labour, Employment and Social Security is within the scope of the application of the law and the provisions of Article 8 of Convention No. 87, and informed the offices of the social security fund that the procedure for changes in the leadership of COSYFOP was non-compliant.
19. 129. With regard to the allegations of dismissals of worker members of COSYFOP, the Government notes that protection against anti-union dismissal is guaranteed and the services of the labour inspectorate play an important role in investigations and work to strengthen rapid and effective protection against anti-union dismissal and against any other form of break in the employment relationship because of union membership or engagement. The Government recalls that national labour legislation provides protection for workers and union delegates, as provided for in articles 50–57 of Act No. 90-14. For example, article 53 stipulates that no union delegate can be dismissed, transferred or subjected to disciplinary sanctions of any sort by their employer because of their union activities. Moreover, the Government also recalls that Act No. 90-14 devotes two chapters to the facilities afforded to workers and their representatives and to the protection of workers and their representatives, in particular the union delegates. Lastly, the Government provides details of planned measures to strengthen the protection of trade unionists against acts of anti-union discrimination, as part of its implementation of the conclusions made by the Committee on the Application of Standards in June 2019, with support from the Office, in particular a training workshop aiming to build the capacities of the labour inspection services on techniques and methods for identifying anti-union behaviour, in particular the dismissals of union delegates, or any type of reprisal or discrimination against workers because of their union membership or activities.
20. 130. With regard to the complainants’ allegations about the dismissals of the supposed members of the COSYFOP union structures at the Higher Institute for Management and Planning (ISGP), the Public Economic Society of Industrial Buildings (BATIMETAL) and the National Social Insurance Fund for Salaried Employees (CNAS), the Government provides the results of the investigations carried out by the services of the general labour inspectorate to determine the extent to which anti-union considerations were taken into account in these dismissals. The investigation revealed that except in the cases of four workers (Ms Amel Chalabi, Mr Mohamed Ouslam, Mr Djerbir Othmane and Mr Ayoub Merine), the supposed COSYFOP members cited in the complaint as having been the subject of abusive dismissals had not initiated judicial proceedings to request that these dismissal decisions be overturned.
21. 131. With regard to the leaders of STISG, the Government reports that: (i) Ms Amel Chalabi had been subject to a disciplinary procedure on 18 April 2019 for serious professional misconduct (abandonment of post). She was summoned to the disciplinary council by her employer, with a decision to suspend her employment relationship as of 21 April 2019, as an interim measure. Having not presented herself before the disciplinary council, Ms Chalabi was dismissed for abandoning her post in a decision dated 17 June 2019. Ms Chalabi has lodged successive appeals in the framework of the individual labour dispute resolution procedures and at the level of the secretariat of the competent conciliation bureau sitting at the level of the Dar El Beida (Algiers) labour inspectorate, requesting reinstatement to her original post and payment of wages since her dismissal. Successive attempts at conciliation (July 2019 and December 2020) have failed; (ii) Mr Kerim Tarek Zinat was the subject of a complaint to the tribunal of Dar El Beida (Algiers) for forgery and the use of forgeries and acts of counterfeiting. He was notified of the suspension of his employment relationship as an interim measure on 15 July 2018 for having harmed the image of the Institute, and the decision to terminate his employment relationship on 5 September 2019. He took his case to the conciliation bureau in Dar El Beida (Algiers) on 10 November 2019, aiming to be reinstated to his post, and receive payment of compensation for the duration of his suspension. The case was heard by the conciliation bureau on 16 December 2019 in the presence of both parties, and did not achieve conciliation. As a result, a report of non-conciliation was established as No. 902, dated 16 December 2019, and sent to Mr Zinat and his employer organization; and (iii) Mr Mohamed Ouslam was subject to a dismissal decision on 3 October 2019, which he contested. After legal proceedings, on 18 October 2020, the court ruled the dismissal to be abusive and ordered him reinstated. However, Mr Ouslam has not returned to work, in spite of two compliance warnings from a court bailiff. He was finally dismissed for abandonment of his post on 7 February 2021.
22. 132. With regard to the allegations of the dismissal of 17 trade unionists affiliated to SNTSB-COSYFOP in the enterprise BATIMETAL, the Government states that 15 workers have not been subject to any disciplinary procedure. The Government provide information on the following two cases: (i) Mr Gnounou Abdennour submitted his resignation on 15 March 2021 and the employer ended his employment relationship as of 15 April 2021; (ii) Mr Djerbir Othmane was suspended by the employer due to an attack on the honour of the central director of human resources and violence. The court in El Harrach overturned the suspension decision and ordered his reinstatement in a ruling dated 22 September 2020. As a result of the refusal of the employer to reinstate Mr Othmane, another ruling was handed down on 30 March 2021 ordering the payment of 400,000 Algerian dinars in compensation. This compensation was paid by the employer in September 2021.
23. 133. With regard to the measures taken against members of FNTCSS, the Government reports that the employer organization took disciplinary proceedings against Mr Ayoub Merine in August 2019 for not respecting his superiors, which constitutes professional misconduct. He posted the summons on social media alongside defamatory sentiments about the social security fund. His employer filed a complaint against Mr Merine with the public prosecutor’s office at the Bab El Oued-Algiers court, for defamation and divulging professional secrets. The Bab El Oued-Algiers criminal court made its ruling on 19 December 2019, sentencing Mr Merine to pay a fine of 30,000 Algerian dinars for defamation. The ruling was upheld on appeal by the Algiers Court in October 2020. In a decision dated 24 December 2020, Mr Merine was transferred from the agency in Algiers to the agency in Tipaza.
24. 134. With regard to the allegations of arrest and detention of certain members of COSYFOP, the Government states that these people were detained because of crimes unrelated to their trade union activity, some of these crimes were political in nature and came within the framework of combatting certain illegal entities. According to the Government, the people who were arrested and incarcerated were involved in political activities or had broken laws relating to State security. They were imprisoned in accordance with legal provisions and the criminal procedures in force. In addition, the Government emphasizes that it is not true to say that these people were arrested and imprisoned without recourse to the justice system.
25. 135. In addition, the Government provides clarifications on the situation of the trade unionists listed in the complaint:
26. 136. Case of Mr Raouf Mellal: the Government reports that Mr Mellal has been subject to proceedings in several cases. He is being prosecuted by the Office of the Public Prosecutor of the Republic in the Dar El Beida court on the basis of a complaint, accompanied by civil action taken by the Ministry of Labour, Employment and Social Security on 11 July 2018 for the offense of usurpation of office and abuse. A ruling was handed down in absentia, sentencing him to six months in prison without parole and a fine of 100,000 Algerian dinars. The civil action pertains to his recording of a video that was broadcast on the internet, in which he presents himself as the President of a trade union that has been subject to a voluntary dissolution (formerly SNATEG) and, in the same way, in which he unduly presents himself in addressing the media. In the same video, he describes the Ministry responsible for labour in shameful terms, alleging that it does not respect the law and refuses to carry out legal rulings. It is worth noting that Mr Mellal appealed the aforementioned ruling, on 26 March 2020. A ruling was handed down, relating to the postponement of the decision in the case until the accused had been informed of the date of the hearing in person. The case is awaiting the finalization of the notification procedures.
27. 137. In the court of Sidi M’Hamed, Mr Mellal is being prosecuted for defamation and has been convicted in a ruling dated 6 March 2018 and fined 20,000 Algerian dinars. An appeal decision upheld the ruling but modified the sentence by suspending the fine. As a result of the appeal decision being overturned by the Supreme Court, the Criminal Chamber of the court in Algiers handed down a decision upholding the appeal ruling. The case is awaiting the finalization of the notification procedure.
28. 138. In the court of Guelma, Mr Mellal is being prosecuted in 28 cases between 2015 and 2022 for matters concerning invasion of privacy and defamation. In these cases, rulings have been made in absentia.
29. 139. In the court of Biskra, Mr Mellal is being prosecuted by the Office of the Public Prosecutor at the court of Biskra for defamation for social media posts that the complaint considers abusive. The court of Biskra made a ruling in absentia sentencing Mr Mellal to three months in prison without parole and a fine of 25,000 Algerian dinars.
30. 140. Case of Mr Hamza Kherroubi: the Government reports that Mr Kerroubi has been prosecuted in several cases. At the court in Koléa (wilaya of Tipaza), the case concerns the distribution of pamphlets calling for a general strike, in an effort to hamper the 2019 presidential elections. The Office of the Public Prosecutor of the Republic at the Koléa court found that these constitute actions worthy of criminal sanction. On 10 December 2019, the Koléa court issued a ruling sentencing Mr Kherroubi to one year in prison without parole and a fine of 20,000 Algerian dinars. After an appeal from the Public Prosecutor, the Tipaza court issued a decision in absentia, dated 9 November 2020, upholding the ruling. In a second case, Mr Kherroubi is accused of having published pamphlets containing comments aimed at the President of the Republic. The Office of the Public Prosecutor of the Republic at the court in Koléa found that these constitute actions worthy of criminal sanction. Mr Kherroubi was presented to the court for the following offenses: (i) offending the person of the President of the Republic; and (ii) harming the authorities. In a ruling dated 5 February 2020, the court in Koléa sentenced Mr Kherroubi to a fine of 500,000 Algerian dinars. However, the Tipaza court of appeal issued a decision in absentia on 7 December 2020 overturning the ruling. Lastly, in a third case, the judicial police working to combat cybercrime found offensive publications against several State institutions sent from Mr Kherroubi’s account. He was prosecuted by the Office of the Public Prosecutor of the Republic at the court in Koléa and a judge ordered his arrest on 4 November 2021. The court issued a ruling in absentia sentencing Mr Kherroubi to 18 months in prison without parole and a fine of 100,000 Algerian dinars.
31. 141. Case of Mr Amine Felih: the Government reports that the case concerns a preliminary investigation opened by the Office of the Public Prosecutor of the Republic at the court in Boufarik into surveillance of online publications sympathetic to the terrorist organization known as MAK and other publications abusive towards the presidency of the Republic. The investigations identified that the publications came from Mr Felih’s account. On 20 February 2022, the suspect was brought before the Office of the Public Prosecutor of the Republic at the court in Boufarik for the crime of terrorist sympathizing and the offence of publishing false information that undermines public security and public order, the offense against the President of the Republic, in accordance with articles 87 bis, 87 bis 4, 144 bis and 196 bis of the Criminal Code. The examining magistrate dismissed the counts of sympathizing with terrorist acts and prosecuted Mr Felih for the offences. A ruling was issued on 14 July 2022 sentencing Mr Felih to one year in prison without parole and a fine of 50,000 Algerian dinars. On 5 April 2023, the Boufarik court issued a decision sentencing Mr Felih to one year in prison and a fine of 100,000 Algerian dinars. Following an appeal, the criminal chamber of the Blida court issued a ruling on 19 June 2023 that initially upheld the ruling on appeal, but amending the prison sentence to three months without parole and the remainder suspended. This ruling became final after the deadline for launching a cassation appeal passed.
32. 142. Case of Mr Omar Harid: the Government reports that Mr Harid has been prosecuted in several cases. In a first case that dates back to April 2021, a former parliamentarian lodged a complaint against Mr Harid for having posted statements on the internet attacking his honour and consideration. After an investigation, it appeared that Mr Harid was the owner of the account used to post the statements. Mr Harid was prosecuted for the offence of defamation, in accordance with articles 296 and 298 of the Criminal Code. The public action came to an end with a ruling issued on 7 April 2021. In a second case, dating back to April 2022 when the judicial police Directorate investigated electronic accounts whose owners shared and published digital content of videos supporting acts of terrorism. On 31 August 2022, the Office of the Public Prosecutor at the court in Guelma launched proceedings against Mr Harid for recording videos expressing support for acts of terrorism and using the media and communication technologies to disseminate the ideas of a terrorist organization. On 13 November 2022, the examining magistrate issued an order to transfer the dossier to the Public Prosecutor of the Republic for the crime of voluntary broadcasting the recording of videos expressing support for acts of terrorism.
33. 143. Case of Ms Rym Kadri: according to the Government, the case concerns the opening of a preliminary investigation by the Office of the Public Prosecutor of the Republic to the court of Ouargla into acts of vandalism and the destruction of signs reserved for the posting of photos of the candidates for the 2019 presidential elections. The investigations led to the identification of the suspects, including Ms Kadri. At the end of the preliminary investigation, Ms Kadri (alongside other people) was prosecuted for the offences of: (i) inciting an un-armed mob; (ii) attacking the integrity of the homeland; (iii) collecting donations without authorization; (iv) possession of pamphlets harmful to the national interest; and (v) inciting a boycott of the elections. On 27 April 2021, the Ouargla court issued a ruling acquitting Ms Kadri of all the charges. Following an appeal lodged by the Public Prosecutor, the court (criminal chamber) issued an order on 12 October 2021 upholding the court’s ruling. The Public Prosecutor lodged a cassation appeal and the case is pending before the Supreme Court.
34. 144. Case of Mr Oussama Azizi: according to the Government, Mr Azizi was the subject of a preliminary investigation by the Public Prosecutor of the Republic at the court of Ouled Rechache (Khenchela) for organizing a protest in solidarity with a person prosecuted by the judicial authorities. However, during the gathering, protestors took the opportunity to call on the people to boycott the elections and to wave banners insulting State institutions. At the end of the preliminary enquiry, Mr Azizi (and three other people) was prosecuted for the offence of inciting an unarmed mob, the offence of rallying to prevent somebody from exercising their right to vote, and the offence of publishing false information that undermines public order and public security, in accordance with articles 100-1, 102 and 196-1 of the Criminal Code. On 8 November 2021, the court in Ouled Rechache issued a ruling sentencing Mr Azizi to six months in prison without parole and a fine of 100,000 Algerian dinars for the offence of publishing false information and malicious lies that undermine public order and public security, in accordance with article 196 bis of the Criminal Code. He was, on the other hand, cleared of the offence of inciting an unarmed mob and the offence of rallying to prevent somebody from exercising their right to vote. On 18 April 2022, the Court of Appeal upheld the ruling but suspended the prison sentences and adjusted the fine to 20,000 Algerian dinars.
35. 145. Case of Mr Nacer Hamitouche: according to the Government, the facts date back to 9 December 2021 as part of the investigation opened by the counter-terrorism and cross-border organized crime department of the court of Sidi M’Hamed in a case of Ms Manar Mansri’s alleged membership of the terrorist organization known as Rachad. It was discovered that Mr Hamitouche, among other suspects, was in contact with Ms Mansri and was sympathetic to the terrorist group by relaying the content broadcast by its fugitive leaders. Mr Hamitouche was prosecuted for the crimes of membership of and participation in subversive terrorist organizations or groups, and for the use of information and communication technologies for the recruitment of persons for a terrorist organization, in accordance with articles 79, 87 bis, 87 bis 12 and 87 bis 3 of the Criminal Code. The examining magistrate maintained the criminal charges against Mr Hamitouche as sufficient evidence had been gathered against him. On 9 July 2023, the court decided to postpone the trial at the request of the accused, in order to prepare their defence.
36. 146. Case of Mr Hicham Khayat: according to the Government, the facts date back to 9 December 2021 as part of the investigation opened by the counter-terrorism and cross-border organized crime department of the court of Sidi M’Hamed in a case of Ms Manar Mansri’s alleged membership of the terrorist organization known as Rachad. Mr Khayat was prosecuted individually before the court in Blida for his membership of a terrorist organization. The court issued a ruling on 8 June 2022 amending the charges, from distribution of publications harmful to the national interest to insulting a public institution, sentencing Mr Khayat to six months in prison without parole and a fine of 200,000 Algerian dinars. Following an appeal, the court in Blida issued a ruling on 19 June 2023 convicting Mr Khayat for the offence of distribution of publications harmful to the national interest and inciting an unarmed mob, with a sentence of two years’ imprisonment without parole and a fine of 50,000 Algerian dinars. The accused has sought a cassation appeal against this ruling.
37. 147. Case of Mr Ramzi Derder: the Government notes that although the complaint indicates that Mr Derder is a member of the national bureau of the National Federation of Informal Economy Workers, this organization has no legal status and has not been registered by the Ministry responsible for Labour in accordance with the provisions of Act No. 90-14. In addition, the information received by the Justice Ministry in the case concerning Mr Ramzi Derder highlights that an investigation opened by the national gendarmerie brigade in Merouana (Batna wilaya) under instruction from the Public Prosecutor of the Republic at the court in Merouana, uncovered the existence of an organized group being used by the terrorist movement known as Rachad and Mr Derder was one of the group’s seven members. After the dossier had been examined by the competent services of the judicial police, the accused were brought before an examining magistrate on charges of: (i) membership of a terrorist group; (ii) attacking the morale of the army in order to harm national defence; (iii) spreading false information to harm public order; and (iv) publishing photos and information on social networks with a view to creating and spreading discord in society. These acts are punished by the provisions of articles 75, 87 bis 3, 87 bis 13, 87 bis 14, 96 and 196 bis of the Criminal Code and the provisions of article 34 of Act No. 20-05 of 28 April 2020, on preventing and combatting discrimination and hate speech. After hearing the accused, the examining magistrate ordered six of them into pre-trial detention, including Mr Derder, and ordered the arrest of the seventh, who was on the run. On 18 July 2021, the indictment chamber issued a ruling confirming the orders of the examining magistrate and the judicial inquiry into the case is still ongoing.
38. 148. On 3 July 2022, the indictment chamber issued a decision sending the case to the criminal court of first instance. At its session on 10 November 2022, the court issued a ruling in which Mr Ramzi Derder was cleared of the charges against him, while the others accused were given prison sentences and fines. The Public Prosecutor has appealed this ruling.
39. 149. Case of Mr Benzine Slimane: the Government notes that it has already informed the Committee on Freedom Association, in the context of Case No. 3210 concerning allegations from SNATEG, that the information provided by the employer “Shariket Amn el mounchaate el Takawiya-Ouargla (SAT)” concerning Mr Slimane’s case states that the latter was dismissed for professional misconduct, in accordance with the provisions of article 222 of the Criminal Code. In this context, the Ouargla tribunal convicted him on 13 November 2018 of forgery and the use of forgeries and sentenced him to six months’ imprisonment without parole and a fine of 20,000 Algerian dinars. In addition, another ruling from the Ouargla tribunal sentenced him on 12 March 2020 to six months’ imprisonment without parole and a 100,000 Algerian dinar fine for defamation, in accordance with the provisions of articles 296 and 298 of the Criminal Code. There is no information from the employer about any appeal of the ruling from the Ouargla tribunal.
40. 150. In addition, the Government reports that Mr Slimane has been prosecuted in several cases. At the court in Constantine, he was prosecuted by the Public Prosecutor of the Republic following a complaint and a civil action brought by the security and protection of energy installations company for the offence of defamation. He is alleged to have insulted the company’s managers in terms that offended their honour and dignity by accusing them of harassment towards security agents. On 23 April 2018, the court issued a ruling sentencing him to a fine of 30,000 Algerian dinars and the payment of compensation. The court of appeal upheld the ruling.
41. 151. At the court of Tougourt, in the first case, Mr Slimane was prosecuted in July 2017 for the offence of abuse, defamation and slander through social media. Convicted in the first instance and on appeal, a final ruling was given on 1 February 2019 declaring the case void. This last ruling became definitive after the deadline for appeal passed. In a second case, the judicial police services found publications that included insults towards the National Security Institution, in the context of the arrest of certain people. After an investigation, it was found that the account used for the publications belonged to Mr Slimane. Prosecuted for the offence of contempt against public officials, in accordance with article 144 of the Criminal Code, Mr Slimane was sentenced in absentia on 12 July 2021 to two years of prison without parole. After an appeal lodged on 31 October 2022, the case should be heard again and was scheduled for November 2022.
42. 152. At the court of Ouargla, in a first case, the security and protection of energy installations company made a complaint against Mr Slimane in November 2017 for the offences of forgery, use of forgeries and defamation, for the publication of a document supposedly issued by the company. After a preliminary investigation, the Public Prosecutor decided to prosecute Mr Slimane in accordance with articles 222 and 298 of the Criminal Code. Mr Slimane appealed the first ruling issued in absentia on 7 November 2022 and the case should be heard on 29 December 2022. In a second case, the same security and protection of energy installations company made a complaint against Mr Slimane, who it accuses of having published a document inciting workers to a work stoppage and denouncing the harassment of female security agents. After the investigation, the Public Prosecutor prosecuted him for defamation in accordance with articles 296 and 298 of the Criminal Code. On 12 March 2020, a ruling was issued in absentia, sentencing him to six months in prison without parole and a fine of 100,000 Algerian dinars. On 7 November 2022, the accused appealed the ruling, and the case should be heard on 29 December 2022.
43. 153. Case of Mr Hamoudi Fellah: the Government notes that according to the information provided by the Ministry of Justice, Mr Hamoudi Fellah was arrested by the national gendarmerie and brought before the court in Tlemcen on 20 February 2022, which sentenced him to three years in prison without parole and a fine of 300,000 Algerian dinars for the following grievances: (i) relations with a terrorist group (Rachad); (ii) spreading false or slanderous information to the public, by any means, undermining security or public order; (iii) contempt against the authorities; and (iv) directing and administering an unrecognized association and organizing meetings of its members without authorization. These actions are punished by the provisions of articles 144 bis, 146 bis and 196 bis of order No. 66-156 of 8 June 1966, as amended and supplemented, issuing the Criminal Code, and the provisions of article 46 of Act No. 12-06 of 12 January 2012 on associations. Mr Hamoudi Fellah was heard by a sovereign court that rendered its verdict. The acts committed by Mr Fellah had no link at all with any trade union activity and as such the case does not involve any hindrance of freedom of association. Lastly, Mr Hamoudi Fellah can make use of his right to appeal to the Court in Tlemcen.
44. 154. With regard to the allegations relating to legislative amendments without consultation of the trade unions and the insertion of articles that would punish trade union members who opposed the dissolution of their organization (articles 60 and 61 of Act No. 90-14), the Government notes that the amendments made to Act No. 90-14 implement the June 2019 conclusions of the Committee on the Application of Standards and were subject to consultation with the social partners, various ministerial departments and with assistance from Bureau experts, in a collaborative effort to improve the framing of the legal provisions relating to the right to freedom of association. This text (Act No. 22-06 of 24 Ramadhan 1443, corresponding to 25 April 2022, amending and supplementing Act No. 90-14 of 2 June 1990, on modalities for the exercise of the right to organize) amends in particular the provisions of article 4 of Act No. 90-14 in order to authorize federations, unions and confederations to be freely established. In addition, the law now authorizes foreign workers and employers to create representative organizations and exercise trade union rights. With regard to protection for union delegates, the law now provides that any redundancy or dismissal of a trade union delegate that violates the provisions of the law is null and void. The person is automatically reinstated to their post. In case of the employer’s obvious refusal, the territorially competent labour inspector will draw up a refusal to comply report and send it to the union delegate and their trade union. Lastly, the law strengthens the criminal penalties, with a view to making them effective and dissuasive in cases of hindrances to the freedom to exercise the right to organize or any attack on the protection of trade union delegates.
45. 155. With regard to criminal sanctions, the Government notes that the complainants request the repeal of articles 60 and 61, which have, however, existed since 1990, and Act No. 22-06 only strengthened the sanctions, on the one hand, to bring them into line with the criminal sanctions for labour matters and, on the other, to help strengthen the standard and the underlying fundamental universal values. The provisions of articles 60 and 61 of Act No. 90-14 provide that “anybody who leads, convenes or administrates a meeting of members of a trade union organization that is subject to dissolution, is punished with a prison sentence of six (6) months to two (2) years and a fine of 20,000 to 100,000 Algerian dinars or one of the two penalties” (article 60). “Without prejudice to the other legislative provisions in force, anybody who obstructs the execution of a dissolution decision taken in accordance with the provisions of articles 31 to 33 above, is punished with imprisonment of three (3) months to one (1) year and a fine of 20,000 to 50,000 Algerian dinars and/or one of the two penalties” (article 61). The Government asserts that these amendments do not constitute measures that violate the principles of freedom of association and that the current labour legislation prevents trade unions from being susceptible to suspension or dissolution by administrative authority. Indeed, the suspension or dissolution of an employers’ or workers’ organization is only ordered by the competent jurisdiction or by the will of the members of the organization, in order to fully guarantee the rights of defence.
46. 156. In light of the foregoing, the Government considers the observations made by the complainants to be incoherent, unfounded and not accompanied by any evidence to support their claims. The Government believes that the legislation and practice are fully aligned with the requirements of Conventions Nos 87 and 98, ratified by Algeria. The Government having provided all the documents in support of its arguments, believes that the case should be closed, taking into account all the supporting evidence presented.

C. The Committee’s conclusions

1. 157. The Committee observes that the present case concerns allegations that the authorities are interfering in the work of COSYFOP and hindering its trade union activities, anti-union measures and trade union harassment towards members of the organization, as well as amendments to the law that would result in criminal punishment for trade union activity in the case of the dissolution of an organization or even classifying certain trade union activities as terrorism.
2. 158. First of all, the Committee is bound to express concern at the seriousness of the allegations and the high number of trade unionists supposedly affected in the present case. The Committee must also recall that the ILO supervisory bodies have been very closely monitoring for several years the difficulties encountered by independent trade unions, including COSYFOP, in exercising their trade union rights in Algeria. This Committee has repeatedly drawn the Government’s attention to the need for legal and practical measures to uphold the principles of freedom of association laid down in Convention No. 87. Also, the Committee of Experts on the Application of Conventions and Recommendations and the Committee on the Application of Standards of the International Labour Conference have repeatedly drawn the Government’s attention to legal and practical measures to take to fully implement Convention No. 87.
3. 159. The Committee notes that, according to the information provided by the complainants, COSYFOP is a trade union organization registered with the Ministry of Labour, Employment and Social Security since 4 February 1991 and, in that capacity, it was included on the list of trade unions registered and accredited by the Ministry of Labour, Employment and Social Security, established in 2018. After a period of inactivity, COSYFOP elected a new bureau during a general assembly held on 30 July 2018. The new leadership of COSYFOP was elected for five years, in accordance with the new statutes adopted, and is led by Mr Raouf Mellal, signatory to the complaint. The founding members of the Confederation transferred power to the new leadership and handed over the constitutional statement and the old statutes.
4. 160. COSYFOP notified the Ministry of Labour, Employment and Social Security of the change in its leadership, and the Ministry acknowledged receipt of the administrative file. This file included the minutes of the changeover general assembly, duly signed by a court bailiff, and the organization’s new statutes. In addition, the restructuring of the organs of COSYFOP was published in a national daily newspaper, in accordance with the provisions of Act No. 90-14 on modalities for the exercise of the right to organize. COSYFOP had its own bank account and a registered office. Following this legal change in leadership, COSYFOP was recognized by a number of public bodies and, according to its leaders, now has more than 10,000 members across the country.
5. 161. Furthermore, the Committee notes that COSYFOP elected a new executive bureau during a national congress held in March 2023 (remotely via a communication platform) and amended its statutes in October 2023 at an extraordinary congress (also held remotely) to bring them into line with the new Act No. 23/02 on the exercise of the right to freedom of association. In accordance with the law, the changes to the Confederation’s executive bureau and the amendments to its statutes were published in a daily newspaper and reported to the Ministry of Labour, but left without a response from the authorities, according to the complainant.
6. 162. The Committee notes that, from the Government’s point of view, COSYFOP has not recorded any trade union activity since its establishment in February 1991 and was illegally revived in 2018 through a change in its leadership bureau and the amendment of its statutes by people who do not have any trade union affiliation and without respect for the statutory provisions of the trade union organization in question and the presence of its founding members. The Government recalls that it has, on several occasions, provided its observations on COSYFOP to the Bureau, in particular its belief that Mr Mellal fraudulently used the COSYFOP name after the Ministry of Labour, Employment and Social Security had published the list of registered trade union organizations. The Government recalls that Mr Mellal had been informed by the Labour Relations Directorate in September 2018 that the general assembly of 30 July 2018 did not comply with the provisions of Act No. 90-14 or the procedures established by the statutes of the trade union organization. Moreover, the Government had also made the Bureau aware that the people concerned had never been members of one of the constituent trade union organizations of COSYFOP, and that Mr Mellal does not have the authority or legal membership of that organization. In addition, the Government recalls that COSYFOP was registered in February 1991 as an organization covering the public productive sector and it was made up of three unions that have not, to date, declared their withdrawal from the Confederation: (i) the National Union for the Railway Sector (SNSTF); (ii) the National Union for the Ammonia/Fertilizer Sector (SNSAE); and (iii) the National Union for the Marketing and Distribution of Petroleum Products Sector (SNSCDPP). The Government observes that these three trade union organizations did not attend the general assembly organized on 30 July 2018, at the end of which Mr Mellal and Mr Kouafi Abdelkader had been elected President and Secretary-General of COSYFOP.
7. 163. The Government observes, moreover, that the minutes of the changeover general assembly did not mention the transfer of instructions with the founding members. For the Government, copies of the constitutional statement of COSYFOP and its old statutes were obtained fraudulently and are not tangible proof of changes in the leadership bodies and the administration of the trade union organization in question. In the Government’s view, the minutes of the general assembly should constitute the legal basis that record all modifications in the functioning of the trade union organization and serve as evidence in case of any dispute. Lastly, the Government reports that the file that COSYFOP deposited in the Ministry following the election of its new leaders contained a document relating to the establishment of a presumed union between two trade unions that had been inactive for several years: the National Union of Energy Workers (SNT ENERGIE) and the National Union of Industrial Workers (SNSI). In that regard, the Government recalls that the Ministry had informed the Presidents of those two unions in September 2018 of their non-compliance, particularly with the rules for convening the general assembly as listed in the statutes of COSYFOP. Lastly, the Government recalls that the recognition of the status of union leaders is assessed according to criteria established in law and by the statutes of the organization concerned, with recourse to judicial remedies in case of any dispute.
8. 164. At the outset, the Committee recalls with concern that it has already examined many complaints in recent years relating to obstacles to the establishment of trade union organizations in Algeria, notably the refusal of the authorities to register new trade unions. In this regard, the Committee has always recommended the Government to ensure the strict application of national law and of the principles concerning the right to form trade unions. The present case is similar insofar as it concerns the refusal of the authorities to register the change in the leadership body of COSYFOP, an organization that is already registered, because it has not complied with the modalities laid down in its own statutes and in law.
9. 165. Upon examination of the detailed information and the supporting documents provided by both the complainant and the Government on the holding of the general assembly of 30 July 2018 and the election of a new COSYFOP leadership (Act No. 90-14, old COSYFOP statutes, minutes of the general assembly, new statutes adopted during the general assembly, documents deposited with the Ministry), the Committee observes that the organization of the general assembly and the election of a new bureau did not infringe the union’s statutes or the existing legislation. It further observes that all the documents required by the law appear to have been provided, according to the information received from the complainant and the Government. Nonetheless, the Committee takes note of the Government’s arguments relating to the absence of the founding members and the original affiliated trade unions. Taking into account the difference in opinion between the Government and the complainant in this regard, the Committee requests both parties to provide detailed information about the obtaining of COSYFOP’s constitutional statement and its old statutes. In addition, the Committee invites COSYFOP to provide information about the trade union organizations that are affiliated with it, and in particular to specify whether these include SNSTF, SNSAE, SNSCDPP, SNT ENERGIE and SNSI which, according to the Government, were part of COSYFOP.
10. 166. The Committee notes with concern the allegation that, under the supervision of the Director-General of the private health insurance company of gas group, which has no links to COSYFOP, and under police protection, a parallel COSYFOP general assembly was organized on 16 February 2020, without a single affiliated trade union representative present. This general assembly allegedly elected a new bureau led by a worker dismissed by the company in question (Mr Zakaria Benheddad). The complainants recall that the Government has regularly used the technique knowns as “cloning” since the 1990s and according to a similar scenario where a dissident faction made up of opportunistic militants or people who have been manipulated is set up within an independent trade union, which rapidly leads to a schism. According to the complainant, the sole objective of the schism is the establishment of a new organization, a clone of the original, that is willing to compromise with the authorities. Following the election of the parallel bureau, the leaders allegedly sent messages to companies, the ILO supervisory bodies and international trade union federations, stating that the COSYFOP bureau led by Mr Raouf Mellal was now illegal. The COSYFOP National Confederation Council denounced such interference and reaffirmed its support for its President, Mr Raouf Mellal.
11. 167. The Committee recalls that internal disputes in a trade union organization are outside its competence. They should be resolved by the persons concerned (for example, by a vote), by appointing an independent mediator with the agreement of the parties concerned, or by intervention of the judicial authorities [see Compilation of decisions and principles of the Committee on Freedom of Association, sixth edition, 2018, para. 1621]. The Committee observes however that this case concerns allegations of interference over several years and ultimately of cloning an organization leading to the delegitimization of the COSYFOP bureau led by Mr Mellal. In these circumstances, the Committee underlines the importance of governments refraining from any interference which would restrict the right of workers’ and employers’ organizations to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes. The Committee requests the Government to provide information about the registration by the authorities of the COSYFOP bureau led by Mr Benheddad, specifying in particular whether this bureau includes representatives of the originally affiliated organizations or whether it has submitted the original statutes, like the administration required of the complainant organization. In addition, the Committee requests the complainant to provide any information available to it on the functioning of the two factions of COSYFOP and to detail any interference or intervention from the authorities in the conduct of their respective activities.
12. 168. The Committee notes with concern the indication that the COSYFOP headquarters had always been under constant surveillance by the authorities and that everybody who approached it was stopped by the security forces. It notes with concern that, on 21 February 2020, the administrative and security authorities ordered the closure of the entrance to the COSYFOP headquarters in Algiers, simply on the basis of the refusal of the authorities to recognize the results of the general assembly elections held on 30 July 2018. According to COSYFOP, which provides a copy of the administrative decision, the authorities did not even go through the courts to take such a decision. The Committee notes the Government’s statement, according to which these are measures taken by the competent public authorities in their missions to ensure respect for security and public order in relation to a trade union organization led by people appointed or elected illegally. Moreover, the Government states that the measure was taken in accordance with decisions from the competent jurisdiction. In addition, the Government notes that COSYFOP has not made use of its constitutional right to have recourse to justice to request the cancellation of the decision to close the organization’s headquarters. Lastly, the Government states that the premises were used for the purposes of propaganda and distribution of false information to harm public safety and public order.
13. 169. The Committee recalls that the inviolability of trade union premises and property, including its mail, is a civil liberty which is essential to the exercise of trade union rights. The occupation or sealing of trade union premises should be subject to independent judicial review before being undertaken by the authorities in view of the significant risk that such measures may paralyse trade union activities. Lastly, the access of trade union members to their union premises should not be restricted by the state authorities [see Compilation, paras 276, 287 and 290]. The Committee therefore requests the Government to specify whether the closure of the COSYFOP headquarters was done with a legal warrant. If not, the Committee urges the Government to take immediate measures to permit COSYFOP to have free access to its headquarters and to hold trade union meetings there without any interference.
14. 170. The Committee notes with deep concern the indication of COSYFOP that, following the meeting between its leaders and the high-level ILO mission in May 2019, in particular following the conclusions of the Committee on the Application of Standards in June 2019, the Ministry of Labour, Employment and Social Security, in July 2019, ordered the various public bodies and employers to disqualify and reprimand trade unions and members affiliated with the Confederation. According to COSYFOP, this relentless environment towards its members escalated after the amendment of the Criminal Code in June 2021, in particular its article 87 bis, which broadened the definition of terrorism to include working towards or inciting change, to access power or to change the system of government by unconstitutional means. According to the complainants, this overly broad definition allows the authorities to criminalize calls to strike or worker protests, and all peaceful calls for a change in government. The complainants also allege that, following that amendment, the Government launched a widespread campaign of persecution against members of COSYFOP, who were systematically subjected to accusations of terrorism. The Committee notes that the complainants refer to a communication dated 27 December 2021, sent to the Government by a group of United Nations experts (the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; the Working Group on Arbitrary Detention; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; the Special Rapporteur on the rights to freedom of peaceful assembly and of association; and the Special Rapporteur on the situation of human rights defenders) which expressed great concern at the very broad definition of terrorism and the so-called fight against terrorism.
15. 171. The Committee notes that, for its part, the Government recalls that legally established unions of workers or employers are actively engaged in society and have total freedom in their activities. They participate as partners in social dialogue and collective bargaining. Nonetheless, according to the Government, members of organizations with links to terrorism, who take on the guise of trade union organizations, should not be used as a pretext against the country. With regard to the allegations relating to the provisions of article 87 bis of the Criminal Code and its use to restrict the activities of trade unionists, the Government states that the legislator did not define the concept of terrorism, simply enumerating things that are considered to be terrorist acts. If it has been informed of a report in which the Special Rapporteurs from the Office of the United Nations High Commissioner for Human Rights shared their concerns about the definition of terrorism contained in Algerian law and believe that it does not comply with Security Council resolution 1566 published in October 2004, the Government notes that, in their observations, the Special Rapporteurs used Security Council resolution 1566 as the sole basis to affirm that the methods used should be deadly, not making any reference to previous United Nations resolutions, in which certain acts are designated as terrorist acts without the requirement that the methods used are necessarily lethal. These resolutions stipulate that these acts “are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature”, which means that the Security Council left it up to States to determine which acts qualified as terrorism, which permits Algeria to consider acts affecting the security of the State, national unity, territorial integrity and stability and the normal functioning of institutions as acts of terrorism.
16. 172. Lastly, with regard to the concerns over the use of the final amendment to article 87 bis of the Criminal Code, in particular concerning the fact of “seeking by any means to access power or to change the system of government by unconstitutional means or inciting somebody to do so” as a means of taking legal action against opponents, political activists or human rights defenders, the Government believes these concerns to be unfounded, insofar as this article requires the method used to be unconstitutional. The Government recalls that opposing power is a constitutional right, as is political activity or activity related to human rights.
17. 173. The Government notes that Act No. 90-14 of 2 June 1990, as amended and supplemented, on modalities for the exercise of the right to organize, guarantees registered trade union organizations the free exercise of their right to organize and punishes any act of discrimination or interference, so that these rights and freedoms can be exercised in a healthy environment away from violence from any source. It also recalls that apart from the right to seek judicial review for all acts and actions of the various public bodies, every person may also apply to the Constitutional Court if they believe that the public power has violated any of their fundamental rights and freedoms secured under the Constitution.
18. 174. While taking due note of the above, with regard to the wording of article 87 bis of the Criminal Code and its presumed impact on freedom of association, the Committee recalls that, in exercising freedom of association rights, workers and their organizations should respect the law of the land, which in turn should respect the principles of freedom of association [see Compilation, para. 66]. In that regard, freedom of association implies not only the right of workers and employers to form freely organizations of their own choosing, but also the right for the organizations themselves to pursue lawful activities for the defence of their occupational interests [see Compilation, para. 716]. Any provision which gives the authorities, for example, the right to restrict the activities and objects pursued by trade unions for the furtherance and defence of the interests of their members would be incompatible with the principles of freedom of association [see Compilation, para. 718]. The right to express opinions, including those criticizing the Government’s economic and social policy, is one of the essential elements of the rights of occupational organizations [see Compilation, para. 245]. The Committee urges the Government to ensure that article 87 bis of the Criminal Code is not applied to the normal activities of trade unions and employers’ organizations, in particular when it comes to a call to strike, protests or peaceful industrial action concerning measures that affect their members. The Committee requests the Government, in consultation with the social partners, to monitor the impact that this provision has already had and is likely to have, to ensure that it does not affect the exercise of freedom of association.
19. 175. The Committee notes with concern the allegations relating to a campaign by the authorities against all trade unions affiliated with COSYFOP by means of letters from the Ministry of Labour, Employment and Social Security to the administrative bodies affirming the illegality of the leaders of COSYFOP and resulting in anti-union measures against the trade unionists concerned who wanted to establish a structure in the workplace, and thereby hindering the exercise of freedom of association.
20. 176. The Committee notes the Government’s opinion that COSYFOP is not a representative organization and cannot legally establish union structures at the level of the employers’ bodies or in different workplaces. With regard to the administrative correspondence sent to the offices of the social security fund describing COSYFOP as an illegitimate organization, the Government notes that this correspondence from the services of the Ministry of Labour, Employment and Social Security is within the scope of the application of the law and the provisions of Article 8 of Convention No. 87, and informed the offices of the social security fund that the procedure for changes in the leadership of COSYFOP was non-compliant.
21. 177. In addition, the Government notes that certain people mentioned in the complaint have violated union ethics by turning to practices that depart from the democratic rules of trade union representation, by means of communiqués attacking State institutions, in which they call for political change and forceful disobedience, thereby presenting themselves as disruptors of public order, which is contrary to international norms on freedom of association, in particular Article 8 of Convention No. 87.
22. 178. The Committee notes with serious concern the long list of COSYFOP leaders and affiliated organizations that, according to the complainants, have been subject to dismissal, arrest, detention with violence, torture, threats and legal harassment. In that regard, the Committee refers to the detailed information above concerning the individual cases (complainants’ allegations and Government’s reply). The Committee notes that legal proceedings were brought against the majority of the trade union leaders for social media posts or defamation and criminally charged for violating public order, offensive sentiments towards the President of the Republic or even supporting acts of terrorism.
23. 179. Not having access to the posts for which the trade union leaders were convicted, the Committee is not able to express an opinion on whether the convictions in question represent a violation of freedom of association. However, the Committee observes that, overall, these convictions are related to the expression of opinions in the exercise of trade union mandates, even if the Government disputes the existence of the trade union in question. While emphasizing the need to respect the law, the Committee believes that the authorities’ threatening to press criminal charges in response to legitimate opinions of trade union representatives may have an intimidating and detrimental effect on the exercise of trade union rights [see Compilation, para. 237]. The Committee urges the Government to continue to provide information about the legal decisions taken with regard to the trade union leaders cited, in particular those who are subject to criminal proceedings, to provide copies of those decisions and to provide a detailed indication of the follow-up. The Committee also requests the Government to provide its observations concerning the situation of the trade union leaders cited in the most recent communication from the complainant, dated 22 December 2023 (Mr Bennouna and Mr Lahouiri).
24. 180. The committee notes with deep concern that this context of intimidation hindering freedom of association has led trade unionists to resign their mandates [Mr Mohamed Essalih Bensdira (President of the National Committee for the Unemployed); Mr Omar Harid (Secretary-General of the COSYFOP bureau in the Guelma wilaya); Mr Mohamed Mecelti (member of the communication department of COSYFOP); Mr Hicham Khayat (member of SNATEG and COSYFOP); Ms Rym Kadri (President of the National Federation of Education Workers)] and some into exile [Mr Raouf Mellal (President of COSYFOP); Mr Abdelkader Kouafi (Secretary-General of COSYFOP); Mr Nacer Hamitouche (COSYFOP representative for the Algiers wilaya); Mr Hamza Kherroubi (former President of the National Union of Personal-Care Workers (SNAS) and President of the Pharmaceutical Industry Workers’ Union (STIP)); Mr Mohamed Essalih Bensdira (President of the National Committee for the Unemployed)].
25. 181. Noting that COSYFOP is calling for all charges, prison sentences and threats be withdrawn against Mr Mellal, Mr Kouafi and Mr Kherroubi, who have been forced into exile, and states that it is ready to engage in dialogue with the Government in order to permit them to return to the country to exercise their mandates as trade union leaders, the Committee urges the Government to commit to ensuring that Mr Mellal, Mr Kouafi and Mr Kherroubi can return to the country to carry out their trade union activities in an environment free of violence, pressure or threats. The Committee recalls in that regard that freedom of association can only be exercised in conditions in which fundamental rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed [see Compilation, para. 82].
26. 182. The Committee notes that COSYFOP made proposals to the Government regarding the amendment to the bill amending Act No. 90-14 but that they were not taken into consideration. COSYFOP regrets that the Government launched a local media campaign in February 2022 without having previously consulted the independent trade union organizations and deplores the fact that the bill that has since been adopted creates several barriers to the exercise of freedom of association. COSYFOP draws particular attention to the maintenance of articles 60 and 61 of the Act, which punish any trade union member who opposes the dissolution of their union, even verbally. The punishment incurred can be up to two years imprisonment without parole. COSYFOP denounces the fact that the two articles could be used to directly target members of SNATEG, an organization affiliated to COSYFOP, who oppose the dissolution of their unions. According to COSYFOP, the Government’s objective is to legally block the conclusions of the Committee on the Application of Standards and the recommendations of the Committee on Freedom of Association in the case concerning SNATEG (Case No. 3210).
27. 183. The Committee takes note of the Government’s indication that the provisions of articles 60 and 61 of Act No. 90-14 (as amended by Act No. 22-06) provide that “anybody who leads, convenes or administrates a meeting of members of a trade union organization that is subject to dissolution, is punished with a prison sentence of six (6) months to two (2) years and a fine of 20,000 to 100,000 Algerian dinars or one of the two penalties” (article 60). “Without prejudice to the other legislative provisions in force, anybody who obstructs the execution of a dissolution decision taken in accordance with the provisions of articles 31 to 33 above, is punished with imprisonment of three (3) months to one (1) year and a fine of 20,000 to 50,000 Algerian dinars and/or one of the two penalties” (article 61). The Government asserts that these amendments do not constitute measures that violate the principles of freedom of association and that the current labour legislation prevents trade unions from being susceptible to suspension or dissolution by administrative authority. Indeed, the suspension or dissolution of an employers’ or workers’ organization is only ordered by the competent jurisdiction or by the will of the members of the organization, in order to fully guarantee the rights of defence.
28. 184. Considering all the above and mindful of the difficulties that the application of such provisions could cause in cases where there are diverging opinions regarding the voluntary dissolution of a trade union, like the situation under examination by the Committee in an Algerian case [see Case No. 3210, 392nd Report, paras 209–212], the Committee requests the Government to identify, in consultation with the social partners, the best way to guarantee that the penalties under article 60 cannot be imposed in cases of voluntary dissolution. The Committee requests the Government to indicate any measures taken or envisaged in this respect.
29. 185. Recalling that the submission of the application for registration by the new leaders of COSYFOP was made in 2018, more than five years ago, and that the change in leadership in March 2023 also went without a response from the authorities, the Committee is bound to note its concern at what constitutes a restriction of the workers’ right to choose their representatives and form the organization of its choice. The Committee firmly urges the Government to make contact with COSYFOP in order to find a way out of the difference of opinion concerning the election of its leaders, in order to facilitate the registration process. The Committee expects the Government to indicate any measures taken in this respect.
30. 186. In general, the Committee wishes to express its deep concern about this case, which is characterized by the cumulative difficulties encountered by the leaders of COSYFOP in the exercise of their trade union rights and which have harmed the conduct of activities of an umbrella organization but also constituted intimidation that hindered the free exercise of freedom of association. Consequently, the Committee firmly urges the Government to implement its recommendations without delay in order to ensure an environment in which trade union rights are respected and guaranteed for all trade union organizations, and workers are able to join the union of their choice, elect their representatives and exercise their trade union rights without fear of reprisals and intimidation.
31. 187. The Committee refers the legislative aspects of this case to the Committee of Experts on the Application of Conventions and Recommendations.

The Committee’s recommendations

1. 188. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Taking into account the difference in opinion between the Government and the complainant with regard to the refusal of the authorities to register the change in the leadership body of COSYFOP, the Committee requests both parties to provide additional information about the obtaining of COSYFOP’s constitutional statement and its old statutes.
   • (b) The Committee invites COSYFOP to provide information about the trade union organizations that are affiliated with it, in particular to specify whether these include SNSTF, SNSAE, SNSCDPP, SNT ENERGIE and SNSI.
   • (c) The Committee requests the Government to provide information about the registration by the authorities of the COSYFOP bureau led by Mr Benheddad, specifying in particular whether this bureau includes representatives of the originally affiliated organizations or whether it has submitted the original statutes, like the administration required of the complainant organization.
   • (d) The Committee requests the complainant to provide any information available to it on the functioning of the two factions of COSYFOP and to detail any interference or intervention from the authorities in the conduct of their respective activities.
   • (e) The Committee requests the Government to specify whether the closure of the COSYFOP headquarters was done with a legal warrant. If not, the Committee urges the Government to take immediate measures to permit COSYFOP to have free access to its headquarters and to hold trade union meetings there without any interference.
   • (f) The Committee urges the Government to ensure that article 87 bis of the Criminal Code is not applied to the normal activities of trade unions and employers’ organizations, in particular when it comes to a call to strike, protests or peaceful calls for a change in government. The Committee requests the Government, in consultation with the social partners, to monitor the impact that this provision has already had and is likely to have, to ensure that it does not affect the exercise of freedom of association.
   • (g) The Committee urges the Government to continue to provide information about the legal decisions taken with regard to the trade union leaders cited, in particular those who are subject to criminal proceedings, to provide copies of those decisions and to provide a detailed indication of the follow-up.
   • (h) The Committee requests the Government to provide its observations concerning the situation of the trade union leaders Mr Bennouna and Mr Lahouiri, cited in the communication from the complainant dated 22 December 2023.
   • (i) The Committee urges the Government to commit to ensuring that Mr Mellal, Mr Kouafi and Mr Kherroubi can return to the country to carry out their trade union activities in an environment free of violence, pressure or threats.
   • (j) The Committee requests the Government to identify, in consultation with the social partners, the best way to guarantee that the penalties under article 60 cannot be imposed in cases of voluntary dissolution. The Committee requests the Government to indicate any measures taken or envisaged in this respect.
   • (k) The Committee firmly urges the Government to make contact with COSYFOP in order to find a way out of the difference of opinion concerning the election of its leaders, in order to facilitate the registration process. The Committee expects the Government to indicate any measures taken in this respect.
   • (l) The Committee firmly urges the Government to implement its recommendations without delay in order to ensure an environment in which trade union rights are respected and guaranteed for all trade union organizations, and workers are able to join the union of their choice, elect their representatives and exercise their trade union rights without fear of reprisals and intimidation.
   • (m) The Committee refers the legislative aspects of this case to the Committee of Experts on the Application of Conventions and Recommendations.