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Comments adopted by the CEACR: Algeria

Adopted by the CEACR in 2021

C006 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3(1) of the Convention. Period during which night work is prohibited. In its previous comments, the Committee noted that section 28 of the Act No. 90-11 of 21 April 1990 concerning employment relationships (Employment Relationship Act) prohibits the employment of workers of either sex under 19 years of age in night work which means any work performed between 9 p.m. and 5 a.m. (section 27). The Committee further noted that the prohibition of night work for young persons under the Employment Relationship Act did not cover a period of at least 11 consecutive hours, including the interval between 10 p.m. and 5 a.m., as required by Article 3(1) of the Convention. The Government indicated that the Committee’s comments on that matter would be taken into account in the draft Labour Code under preparation.
The Committee notes the Government’s indication in its report that, to give full effect to the provisions of Article 3(1) of the Convention, section 45 of the draft Labour Code prohibits the employment of workers and apprentices of either sex under 18 years of age at night, which covers a period of 11 consecutive hours between 7 p.m. and 6 a.m. Noting that the Committee has been drawing the Government’s attention to the need to bring the national legislation into conformity with the Convention for many years, it firmly hopes that the draft Labour Code will be adopted in the near future and that its provisions will give full effect to Article 3(1) of the Convention. The Committee requests the Government to provide information on any progress made in this respect.

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously noted the measures taken to strengthen the legislative and institutional framework against trafficking in persons, such as the inclusion in 2009 of provisions in the Criminal Code criminalizing trafficking in persons and providing for applicable prison sentences (section 303 bis(4) and (5)), and the establishment of the National Committee for the Prevention and Elimination of Trafficking in Persons, mandated with, inter alia, establishing a national policy and an action plan in the area of prevention and elimination of trafficking in persons and the protection of victims. The Committee requested the Government to provide information on the adoption of a national policy and action plan to combat trafficking in persons, on court decisions issued and on measures taken for the identification and protection of victims.
In its report, the Government indicates that a three-year programme for the implementation of the action plan to prevent and combat trafficking in persons 2019–2021, developed by the National Committee on Preventing and Combating Trafficking in Persons, was adopted. This three-year programme, which incorporates the main pillars of the National Committee’s action plan adopted in 2015, provides for the implementation of measures for the prevention of trafficking in persons; prosecution of perpetrators of trafficking; protection and assistance for victims; and establishment of partnerships and cooperation with a view to effectively combating trafficking in persons. The Government also indicates that the formalization of a national referral mechanism for victims of trafficking is under way, in order to harmonize referral and care for victims in the country.
In addition, the Government refers to a decision of the criminal tribunal of the Court of Justice of Ouargla dated 10 March 2019, sentencing the perpetrator (a foreign national) for the crime of trafficking in persons to three years’ imprisonment, two of which are suspended with a complete ban on entry into the country, pursuant to section 303 bis 4 of the Criminal Code. The Government also indicates in its report relating to the Worst Forms of Child Labour Convention, 1999 (No. 182) that several training activities have been implemented by the General Department of National Security for officials responsible for combating trafficking in persons, including investigators and police officers.
The Committee also notes that in its concluding observations of 2018, the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) expressed its concern at information received concerning Algerian nationals who have been victims of trafficking and forced labour in agriculture, construction and domestic work in countries in the region, and victims of domestic servitude in European countries, the United States of America and the Middle East. The CMW also expressed its concern at the inadequate application of the provisions of the Criminal Code on trafficking in persons (CMW/C/DZA/CO/2, para. 59). The Committee welcomes the measures taken to combat trafficking in persons and encourages the Government to continue its efforts, including building the capacities of the law enforcement bodies, to ensure that all cases of trafficking are investigated and prosecuted and that the perpetrators are effectively punished. The Committee further encourages the Government to continue its efforts in the area of referral and care of victims of trafficking, and requests it to provide information on the measures taken to identify and protect victims of trafficking, including through the national referral mechanism. In addition, the Committee requests the Government to provide information on the evaluation of the implementation of the objectives set out in the three-year programme 2019-2021, specifying in particular the results achieved, the difficulties identified and the measures envisaged to address them. It requests the Government to indicate whether the National Committee on Preventing and Combating Trafficking in Persons has formulated a new action plan and, if so, to provide a copy.
2. Vulnerable situation of migrant workers to the exaction of forced labour. The Committee notes that, under section 4 of Act No. 81-10 of 11 July 1981 concerning conditions of employment for foreign workers, the work permit or temporary work authorization entitles the beneficiary to carry out a specific salaried activity, valid for a determined period of time, with one and the same employer. The Committee notes that, as a result, migrant workers have a legal status that binds them to a particular employer. The Committee further notes that the CMW, in its concluding observations of 2018, remains concerned about the continuation and persistence of forced labour, in particular in the case of migrant workers, especially those in an irregular situation, who are often victims of forced labour, abuse and other forms of exploitation. The CMW also notes with concern the situation of migrant women in an irregular situation employed as domestic workers, who are vulnerable to economic and sexual exploitation. (CMW/C/DZA/CO/2, para. 33). Recalling the importance of taking effective measures to guarantee that the employment scheme for migrant workers does not risk placing those workers in a situation of increased vulnerability, the Committee requests the Government to provide information on measures taken or envisaged to protect migrant workers against abusive practices and working conditions that may resemble the exaction of forced labour. The Committee also requests the Government to provide information on actions developed to ensure migrant workers are familiar with their rights and can assert them in the event that they are victims of abusive practices.
3. Punishment of vagrancy. In its previous comments, the Committee noted that section 196 of the Criminal Code sets out that any person who, having no fixed abode or means of livelihood and ordinarily exercising no trade or occupation despite being fit for work, is unable to justify that he or she has sought work or has refused an offer of paid work shall be deemed guilty of vagrancy and shall be liable to imprisonment ranging from one to six months. The Committee noted in this regard that section 196 is not limited to punishment for activities that are unlawful or likely to disturb public order, but is tantamount to an indirect constraint to work, and it therefore requested the Government to limit the scope of this provision.
The Government indicates that convictions under section 196 of the Criminal Code are imposed when the accused does not justify having sought employment or when there is evidence of refusal of paid work. The Government states that vagrancy can be linked to the use of begging or other illegal activities as a means of subsistence.
The Committee thus notes that section 196 of the Criminal Code allows for punishment of the mere act of not justifying having sought work or of refusing paid work. The Committee recalls that provisions regarding vagrancy that are based on an unduly extensive definition of this notion risk being used to constrain individuals to work, which could create a situation comparable to that which prevails when the law imposes a general obligation to work. The Committee therefore requests the Government to take the necessary measures to repeal or amend section 196 of the Criminal Code, so as to limit the scope of application of this provision to persons who disturb public order or have acquired income through illegal activities. To this end, it requests the Government to provide information on any prosecutions or penalties imposed under section 196 of the Criminal Code.
4. Freedom of seafarers to leave their employment. The Committee previously noted that, pursuant to section 56 of Executive Decree No. 05-102 of 26 March 2005 establishing the conditions of employment of seafarers in merchant shipping and fisheries, the employment relationship may on no account be terminated outside the national territory. In addition, any seafarer wishing to terminate an employment relationship must inform the shipowner in writing, and the latter has 15 days following receipt of the letter to accept or refuse the resignation request (sections 53 and 55). The Committee therefore requested the Government to repeal or amend the provisions of section 56 of Executive Decree No. 05-102 of 26 March 2005 so that a seafarer can leave his or her employment after expiry of the statutory notice period even if he or she is outside the national territory.
The Government indicates that the provisions of section 56 of Executive Decree No. 05-102 of 26 March 2005 will be amended or repealed as part of the revision and alignment of the Decree with international standards, initiated by the Ministry of Transport. The Committee expresses the firm hope that the Government will take the necessary measures, as part of the revision of Executive Decree No. 05-102 of 26 March 2005, so as to enable a seafarer to leave his or her employment after expiry of the notice period if he or she is not on national territory at that time. It requests the Government to provide information on this matter and to transmit a copy of the revised Decree, once it has been adopted.
Article 2(2)(c). Prison labour. Hiring out of prison labour to private enterprises. The Committee previously noted that section 100(2) of Act No. 05-04 of 6 February 2005, issuing the Code on the organization of prisons and the social rehabilitation of prisoners, permits the hiring out of prison labour to private enterprises involved in the performance of work of public interest. It also noted the Government’s indication that, in practice, work done by a prisoner can only be on a voluntary basis and that no penalty whatsoever may be imposed on any prisoners who refuse to work for private enterprises. The Committee therefore requested the Government to ensure that, in accordance with the practice indicated, national legislation set forth the voluntary basis on which prisoners work for private enterprises.
The Government indicates that the working conditions in prisons are provided for in sections 160 (requirement of compliance with current labour and social protection legislation) and 162 (requirement of remuneration for all work) of Act No. 05-04 of 6 February 2005. The Government also refers to section 103 of that, which provides that requests for the hiring out of prison labour be addressed to the judge responsible for the execution of sentences and the Committee for the Execution of Sentences. The Committee takes due note of this information but notes that none of these provisions require the prisoner’s consent in the case of work performed within the framework of the hiring out of prison labour. The Committee recalls that, to be compatible with the Convention, prisoners working for private enterprises must have given their formal consent. This implies that the person concerned has given his or her formal, free and informed consent to the work and that conditions are in place approximating a free labour relationship, including with regard to wages, social security and occupational safety and health. The Committee therefore requests the Government to take the necessary measures so that, in conformity with the practice indicated, the legislation provides for the voluntary nature of prison labour performed by prisoners for private enterprises. The Committee also requests the Government to provide information on the number of prisoners who work for private enterprises within the framework of the hiring out of prison labour, and the guarantees given to them in practice.

C029 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 2(1) of the Convention. Civic service. For several years, the Committee has been noting the incompatibility with the Convention of sections 32, 33, 34 and 38 of Act No. 84-10 of 11 February 1984 concerning civic service, as amended in 1986 and 2006. Under the aforementioned provisions, it is possible to require persons who have completed a course of higher education or training in branches or specializations considered a priority for the economic and social development of the country to perform a period of civic service ranging from one to four years before being able to exercise an occupation or obtain employment. The Committee noted that currently the only category concerned is that of doctors specializing in public health. Civic service may also be performed in private sector health establishments (section 2 of Ordinance No. 06-06 of 15 July 2006).
The Committee noted the Government’s indication that civic service is a national and moral duty of specialized doctors vis-à-vis the population groups living in the regions of the far south, the south and the High Plateau. The Government also stated that the medical specialists concerned enjoyed an attractive system of compensation ranging from 100 to 150 per cent of their principal remuneration along with other advantages. Under Act No. 84-10 of 11 February 1984, any refusal to perform civic service and the resignation of the person concerned without a valid reason results in that person being banned from self-employment, from setting up business as a trader, artisan or promoter of private economic investment, any offence being punishable under section 243 of the Criminal Code (imprisonment of between three months and two years and/or a fine). In addition, private employers are required to ensure, prior to engaging any workers, that applicants are not subject to civic service or that they can produce documentation proving that they have completed it, and are liable to imprisonment and a fine if they knowingly employ a citizen who has evaded civic service. The Committee therefore urged the Government to take the necessary steps to repeal or amend Act No. 84-10 of 11 February 1984 in order to bring it into conformity with the Convention.
The Committee notes with regret that, once again, the Government has not provided any information on this matter in its report. The Committee recalls that Article 2(1) of the Convention defines “forced or compulsory labour” as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily”. Referring to the 2007 General Survey concerning the elimination of forced labour, the Committee specifies that the penalty in question might take the form of a loss of a right, such as access to new employment (paragraph 37). The Committee notes that the provisions contained in Act No. 84-10 of 11 February 1984 concerning civic service, require specialized doctors to perform their activity within a period of one to four years in remote regions, and punish any refusal with a penalty consisting of a ban against self-employment and private sector employment. Furthermore, as regards obligations of service in relation to training received, which sometimes apply to a narrow range of professions, in particular young doctors, dentists and pharmacists, who may be required to exercise their profession for a certain period in a post assigned to them by the authorities, the Committee has pointed out in this connection that, where such service obligations are enforced by the menace of any penalty, they may have a bearing on the observance of the forced labour Conventions (paragraphs 94 and 95). The Committee therefore urges the Government to take the necessary steps without delay to bring the legislation into conformity with the Convention by repealing or amending sections 32, 33, 34 and 38 of Act No. 84-10 of 11 February 1984 concerning civic service in order to remove the requirement of civic service and the penalties that correspond with a refusal to perform this service.
The Committee is raising other matters in a request addressed directly to the Government.

C077 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 77 (industry) and 78 (non-industrial occupations) together.
Article 6 of Convention No. 77. Vocational guidance and physical and vocational rehabilitation of children and young persons found to be unsuited to work. In its previous comments, the Committee requested the Government to indicate measures taken for the physical and vocational rehabilitation of children and young persons found by medical examination to be unsuited to certain types of work. The Committee notes the Government’s reference in its report to the Act No. 02-09 of May 8, 2002 concerning the protection and promotion of persons with disabilities, which aims, amongst others, to provide compulsory education and vocational training for children and young persons with disabilities (section 3(4)). Pursuant to section 16 of the Act No. 02-09 of May 8, 2002, vocational training for persons with disabilities is carried out free of charge in specialized establishments that can also provide accommodation and psychosocial support and medical treatment in coordination with parents of persons with disability and relevant bodies. The Committee further observes from the website of the Ministry of Vocational Training and Education of Algeria that persons with disabilities can be also provided with distance learning and apprenticeship programmes and that priority for accessing vocational training programmes is given to young persons with disabilities.
Articles 2(2) and 7(2)(a) of Convention No. 78. Children engaged either on their own account or on account of their parents. The Committee previously noted that children engaged on their own account or on account of their parents in itinerant trading or in any other occupation carried out in the streets or in public places were not subject to prior medical examination, owing to the fact that they are excluded from the scope of the Occupational Hygiene, Safety and Medicine Act (No. 88-07 of 26 January 1988) and its implementing regulations, including the Executive Decree concerning the organization of occupational medicine.
The Government indicates in its reply that labour inspectors carry out monitoring of the application of labour legislation relating to the protection of young persons. However, the Committee recalls that, pursuant to Article 7(2)(a) of the Convention, national laws or regulations shall determine the measures of identification to be adopted for ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents (for example, a requirement for the person concerned to be in possession of a document recording the medical examination). The Committee therefore once again requests the Government to take the necessary measures to ensure that measures of identification are adopted in national laws or regulations with a view to ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading, or in any other occupation carried on in the streets or in places to which the public have access.

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(a) of the Convention. Imprisonment involving compulsory labour as a penalty for expressing political views or opposition to the established political, social or economic system. 1. Ordinance implementing the Charter for Peace and National Reconciliation. The Committee notes that section 46 of Ordinance No. 06-01 of 27 February 2006 implementing the Charter for Peace and National Reconciliation establishes a penalty of three to five years’ imprisonment and a fine for any person who, through their statements, writings or any other action, uses or exploits the wounds of the national tragedy to attack the institutions of the People’s Democratic Republic of Algeria, to weaken the State, to dishonour its officers who have served it with dignity, or to tarnish the image of Algeria at the international level. The Committee notes that under the legislation in force prison labour may be imposed further to a conviction resulting in imprisonment (section 2 of the Inter-Ministerial Order of 26 June 1983 establishing arrangements for the use of prison labour by the National Office of Educational Works and section 96 of Act No. 05-04 of 6 February 2005 establishing the Prison Code and regulations on the social reintegration of prisoners). Furthermore, the Committee notes that the United Nations Human Rights Committee, in its concluding observations of 2018, expressed concern at reports of the use or threat of use of section 46 referred to above (CCPR/C/DZA/CO/4, paragraph 13). In order to be able to evaluate the range and scope of application of section 46 of Ordinance No. 06-01 of 27 February 2006, the Committee requests the Government to provide information on the manner in which it is used and applied in practice, indicating the number of judicial proceedings instituted on this basis, the nature of the penalties imposed and the facts on which the convictions are based.
2. Penal Code. The Committee notes that certain activities defined as criminal offences in the Penal Code may incur the penalty of imprisonment (with the possible imposition of prison labour) under circumstances which may come within the scope of Article 1(a) of the Convention. These offences are defined in the following provisions of the Penal Code:
  • ■ section 95: receipt of propaganda funds of foreign origin and involvement in political propaganda;
  • ■ section 95bis (introduced into the Penal Code by Act No. 20-06 of 28 April 2020): receipt of funds, gifts or advantages for the purpose of performing or inciting to perform acts likely to undermine the fundamental interests of Algeria or public security and order;
  • ■ section 96: distribution, putting on sale, public display or possession of publications capable of harming the national interest;
  • ■ section 98: participation in an unarmed gathering;
  • ■ section 100: incitement to participate in an unarmed gathering;
  • ■ section 144: insulting a judge, civil servant, public official, or law enforcement commander or officer (the applicable penalties have been made more severe by Act No. 20-06 of 28 April 2020);
  • ■ section 144bis(2): insulting the prophet and envoys of God, and denigration of the dogma and precepts of Islam;
  • ■ section 196bis (introduced into the Penal Code by Act No. 20-06 of 28 April 2020): dissemination or spreading of false information, likely to undermine security or public order;
  • ■ section 298: defamation;
  • ■ section 299: expression of abuse;
  • ■ section 440: insulting any citizen responsible for a public service ministry.
The Committee notes that the Human Rights Committee, in its concluding observations of 2018, expressed concern at reports of the use of sections 96 (publications capable of harming the national interest), 144 (insults), 144bis(2) (insults against the prophet) and 298 (defamation) to impede the work of journalists and human rights defenders (CCPR/C/DZA/CO/4, paragraph 43). Moreover, the Committee notes that the spokesperson of the United Nations High Commissioner for Human Rights, in a press release of 11 May 2021, expressed growing concern at the situation in Algeria, where the rights of freedom of opinion and expression, and freedom of peaceful assembly and participation in public affairs continue to be attacked. The press release emphasizes that during the last two months activists, human rights defenders, students, journalists, bloggers and ordinary citizens peacefully expressing their disagreement have continued to be the subject of criminal prosecutions. In a press release dated 5 March 2021, the spokesperson of the High Commissioner for Human Rights emphasized the fact that in 2019-20 at least 2,500 people were arrested or detained in connection with their peaceful activism. Furthermore, in a press release of 16 September 2020, United Nations human rights experts condemned the handing down of a two-year prison sentence for an Algerian journalist and rights defender, on the basis of accusations officially described as “incitement to illegal assembly and endangering national unity”, for filming police officers who were attacking demonstrators in Algiers.
The Committee recalls that, under the terms of Article 1(a) of the Convention, no penalty involving compulsory labour may be imposed on persons for holding or expressing political views or for peacefully expressing their ideological opposition to the established political, social or economic system. In this regard, the Committee refers to the developments described in its observation and reiterates that the activities which, under Article 1(a) of the Convention, must not be subject to any penalty involving compulsory labour include those undertaken in the context of the freedom to express political or ideological views (orally, in the press or by other means of communication), and also in the context of the rights of association and of assembly, whereby citizens seek the dissemination and acceptance of their views. The Committee requests the Government to provide information on the manner in which the judicial authorities make use of the sections of the Penal Code referred to above, indicating the frequency with which these provisions are invoked, the facts which have given rise to convictions, and the nature of the penalties imposed.
3. Definition of terrorism. The Committee previously noted that, under section 87bis of the Penal Code, a “terrorist or subversive act” includes any act which undermines the security of the State, the integrity of the territory, or the stability and normal functioning of institutions, including obstruction of traffic or freedom of movement on thoroughfares and occupying public places with gatherings; damaging means of communication and transport, and public and private property, taking possession thereof or unduly occupying it; obstructing the actions of the public authorities or the free exercise of worship or of public freedoms and also the functioning of public service establishments; and hindering the operation of public institutions. The Committee noted that the abovementioned acts are liable to imprisonment, including the possibility of compulsory labour. The Committee emphasized that where anti-terrorist legislation is couched in vague and general terms, it may have an impact on freedom of expression, freedom of assembly and freedom of association, and the Committee therefore asked the Government to provide information on the application in practice of section 87bis of the Penal Code.
The Government indicates that the requisite conditions for applying section 87bis of the Penal Code include the fact that these acts must be directed against the security of the State, must create terror and insecurity among the population and in particular must obstruct the functioning of public institutions or endanger human life or property. The Government explains that there are consequently no grounds for applying the provisions of section 87bis in cases involving the peaceful expression of opinions, either by workers or by any other persons. The Committee duly notes this information. In addition, it observes that the Human Rights Committee, in its concluding observations of 2018, reported allegations of undue recourse to anti-terrorist provisions against human rights defenders or journalists (CCPR/C/DZA/CO/4, paragraph 17). The Committee therefore requests the Government to continue to ensure that the scope of application of section 87bis of the Penal Code is interpreted in the manner indicated by the Government, so that these provisions are not used to impose imprisonment, including the possibility of compulsory labour, on persons who peacefully express opposition to the established political, social or economic system.

C105 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(a) of the Convention. Imprisonment involving compulsory labour as a penalty for expressing political views or opposition to the established political, social or economic system. Associations Act. In its previous comments, the Committee noted that under the legislation in force prison labour may be imposed as part of a prison sentence (section 2 of the Inter-Ministerial Order of 26 June 1983 establishing arrangements for the use of prison labour by the National Office of Educational Works and section 96 of Act No. 05-04 of 6 February 2005 issuing the Prison Code and regulations on the social reintegration of prisoners). The Committee noted that section 39 of the Associations Act (No. 12-06 of 12 January 2012) provides that an association may be suspended or dissolved “in the event of interference in the internal affairs of the country or an attack on national sovereignty” and that section 46 provides that “any member or leader who continues to act on behalf of an association which is neither registered nor approved, or is suspended or dissolved” shall be liable to a fine and imprisonment of three to six months. The Committee also noted the indications of the United Nations Office of the High Commissioner for Human Rights (OHCHR) in 2017 that civil society organizations faced severe restrictions following the adoption of the Associations Act (Act No. 12-06). The Committee asked the Government to take steps to ensure that Act No. 12-06 cannot be used to impose prison sentences (including compulsory labour) on persons who, through exercising their right of association, express political views or opposition to the established political, social or economic system.
The Government indicates in its report that section 39 of the Associations Act (Act No. 12-06) provides for a non-penal administrative penalty in the event of interference in the internal affairs of the country and that punishable acts have no connection with political orientation or views. Similarly, the penalties et forth in section 46 are imposed when the persons concerned continue to be active in an association that has not been registered or has been dissolved or suspended, and this also has no connection with the expression of political views or political orientation. Moreover, the Government emphasizes that what is imposed on offenders is imprisonment (in addition to a fine) and not compulsory or forced labour. It adds that forced or compulsory labour is not on the list of penalties provided for by Algerian legislation as a penalty for offences in general. The Government also indicates that work done by prisoners is subject to their prior consent and that any prisoner wishing to work must submit a request to the judge responsible for the enforcement of sentences.
The Committee notes this information. However, it notes that under the provisions of section 2 of the Inter-Ministerial Order of 26 June 1983, in the context of the rehabilitation, training and social promotion of prisoners, “prisoners are required to do useful work”, compatible with their health, order, discipline and security. Furthermore, section 96 of Act No. 05-04 of 6 February 2005 issuing the Prison Code and regulations on the social reintegration of prisoners, provides that “prisoners may be assigned useful work by the prison director”. As it indicated previously, the Committee considers that the voluntary nature of prison work is not apparent in the wording of these provisions, which, on the contrary, allow work to be imposed on persons who have been sentenced to imprisonment. The Committee also considers that even if prison work is voluntary in practice, amendments should be made accordingly in the legislation in order to avoid any legal ambiguity.
The Committee further notes that the United Nations Human Rights Committee, in its concluding observations of 2018, expresses concern at numerous reports of the Government rejecting the by-laws of existing organizations that had been brought into line with the legislation, as that practice limits the freedoms of associations and exposes their members to heavy penalties for unauthorized activity (CCPR/C/DZA/CO/4, paragraph 47). The Committee points out that section 46 of Act No. 12-06 of 12 January 2012 provides that if a member of an organization which has not yet been registered or approved or has been suspended or dissolved (for example, under section 39 of the Act) continues to be active, that person shall be liable to imprisonment of three to six months. The Committee recalls that, under Article 1(a) of the Convention, the range of activities which must be protected from punishment involving compulsory labour includes those performed as part of the freedom to express political or ideological views, as well as various other generally recognized rights. These include the rights of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views (see 2012 General Survey on the fundamental Conventions, paragraph 302).
The Committee therefore once again requests the Government to take the necessary steps to ensure that persons who, through exercising their right of association, express political views or peaceful opposition to the established political, social or economic system cannot be subjected to imprisonment on the basis of section 46 of the Associations Act (No. 12-06). The Committee requests the Government to provide information on the application in practice of section 46 of Act No. 12-06, indicating the number of prosecutions initiated under this provision, the nature of the offences recorded and the type of penalties imposed.
Article 1(d). Penalties for participating in strikes. In its previous comments, the Committee referred to Act No. 90-02 of 6 February 1990, as amended and supplemented, concerning the prevention and settlement of collective labour disputes and the exercise of the right to strike, which imposes restrictions on the exercise of the right to strike. It noted that sections 37 and 38 of this Act establish the list of essential services in which a compulsory minimum service must be maintained, and that section 55(1) of this Act provides that anyone who causes or seeks to cause, or maintains or seeks to maintain, a strike contrary to the provisions of the Act, even without violence or assault against persons or property, shall be liable to imprisonment (involving the possibility of compulsory labour) ranging from eight days to two months and/or a fine. The Committee asked the Government to take the necessary steps to ensure that no worker may be sentenced to imprisonment for participating peacefully in a strike, and also to supply information on the application in practice of section 55(1) of Act No. 90-02.
The Government indicates that workers who participate peacefully in a strike while observing legal procedures are not the target of section 55(1) of Act No. 90-02. It explains that the aim of section 55(1) is to ensure collective consultation between the employer and the workers’ representatives. Consultation is compulsory when a collective labour dispute arises between the employer and the workers’ representatives. The Committee notes this information. In this regard, the Committee emphasizes that, regardless of the legal status of the strike, any penalty imposed should be proportionate to the seriousness of the offence committed, and the authorities should avoid recourse to imprisonment involving compulsory labour for those who organize a strike or participate in it peacefully. The Committee therefore urges the Government to take the necessary measures in law and in practice to ensure that no worker who participates peacefully in a strike can be sentenced to imprisonment involving compulsory labour. The Committee requests the Government to provide information on any progress made in this respect.
The Committee is raising other matters in a request addressed directly to the Government.

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the establishment of the national body for the protection and promotion of the rights of the child (OPPDE) under Act No. 15-12 of 15 July 2015 on child protection. It noted that the main mission of the OPPDE was to oversee the implementation and periodic evaluation of the national and local programmes for the protection and promotion of the rights of the child and to establish a national information system on the situation of children in the country. The Committee also noted the community child protection services (services du milieu ouvert) established at the local level to ensure the social protection of children at risk, including children subjected to economic exploitation. It requested the Government to continue its efforts to ensure that children under the minimum age of admission to work, fixed at 16 years, are not engaged in child labour. It also requested the Government to provide information on the measures taken by the OPPDE in this regard, as well as on the number of children under 16 years who have been identified as being “at risk” because of their engagement in work.
The Government indicates, in its report, that among the measures taken by the OPPDE to combat the economic exploitation of children is the establishment of a mechanism for handling complaints of children’s rights violations, through a free hotline, on line, by mail or in person. The Government states that in 2019, 188 complaints related to the economic exploitation of children were registered, concerning 470 children at risk (322 boys and 148 girls). From January to the end of April 2020, 49 complaints related to the economic exploitation of children were registered, involving 132 children at risk (80 boys and 52 girls). According to the Government, the OPPDE also established a standing coordination committee within the OPPDE in 2017 and developed a committee work programme to coordinate efforts to combat child rights violations, including child labour. In addition, the OPPDE organized several public awareness-raising actions and training for professionals working in the area of child protection on combating all forms of exploitation. The Government also indicates that the development of a statistical database on the situation of children has been initiated by the OPPDE. The Committee notes that, according to the Government, an interministerial commission coordinates actions to combat child labour. The Committee encourages the Government to pursue its efforts to ensure the progressive elimination of child labour and requests it to continue to provide information on the activities carried out by the OPPDE and the results achieved with regard to combating labour of children under 16 years. The Committee requests the Government to provide information on the activities of the interministerial commission to combat child labour. It also requests the Government to intensify its efforts to set up a system for the collection of statistical data on the nature, extent and evolution of labour of children under 16 years and requests it to provide information in this regard.
Article 2(1). Scope of application and labour inspection. In its previous comments, the Committee noted that Act No. 90-11 on working conditions of 21 April 1990 governed relations between salaried workers and employers, thereby excluding persons working on their own account. It also noted that, under Ordinance No. 75-59 of 26 September 1975 issuing the Code of Commerce, children under 18 years cannot engage in trading, as defined by the Code of Commerce. In this respect, the Government stated that the Code of Commerce applies to all jobs, salaried or own-account. Noting that the Code of Commerce governs activities defined as acts of trading, the Committee noted that Algerian legislation does not regulate all the economic activities that a child under 16 years of age may carry out in the informal economy or on their own account. The Committee encouraged the Government to strengthen the capacities of labour inspection to enable it to monitor child labour in the informal economy. It also requested the Government to provide information on inspections carried out in practice by labour inspectors responsible for monitoring child labour.
The Government indicates that the fight against child labour is a priority focus of the labour inspection services. It states that measures are being taken to strengthen the capacities of labour inspectors to combat child labor, including in the informal sector. According to figures provided by the Government, as a result of investigations conducted by the labour inspectorate, four children under 16 years were identified in the workforce in 2018, and three in 2019. With regard to monitoring, the Government indicates that the child labour rate over the last ten years is 0.03 percent. However, the Committee notes that according to the multiple indicator cluster survey (MICS) conducted in Algeria in 2019 by the Directorate of Population under the Ministry of Health, Population and Hospital Reform in partnership with UNICEF, 4.2 per cent of children aged 5 to 17 are engaged in child labour (5.7 per cent of boys and 2.7 per cent of girls), including in hazardous conditions. The Committee therefore requests the Government to intensify its efforts to strengthen the capacities of the labour inspectorate in order to detect all cases of child labour, including in the informal economy. It requests the Government to provide information on this matter and on the number of violations found related to child labour, including in hazardous conditions, and the penalties imposed. The Committee also requests the Government to take the necessary measures to ensure in practice that the protection set out by the Convention is applied to children working in the informal economy or on their own account, and not restricted to activities governed by the Code of Commerce.

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 3 and 7(1) of the Convention. Worst forms of child labour and the penalties applied. Clause (a). Sale and trafficking of children. The Committee previously noted that section 303bis(4) of Act No. 09-01 of 25 February 2009 provides for imprisonment and a fine in cases of trafficking of persons, in particular, for economic and sexual exploitation. Where the trafficking involves a person who is in a vulnerable situation owing to their age, among other things, the prison sentence is between 5 and 15 years. The Committee noted the creation of the National Committee on Preventing and Combating Trafficking in Persons. It also noted that training workshops on investigations and prosecutions for cases of trafficking in persons, and on victim protection, had been held in collaboration with the United Nations Office on Drugs and Crime (UNODC). The Committee requested the Government to provide information on the impact of the training workshops on the elimination of the sale and trafficking of children under 18 years of age.
The Government indicates, in its report, that training on trafficking in persons has strengthened the intervention capacities of investigators, particularly in identifying victims of trafficking and in determining the crime, in order to better identify cases of trafficking throughout the country, including trafficking in children for labour and sexual exploitation. The Government states that the training of personnel responsible for combating trafficking in persons is a priority of the Directorate General of National Security. There are also 50 Brigades for the protection of vulnerable persons within the police force, one mission of which is to ensure the protection of children against all forms of exploitation. In addition, the Government indicates that in 2018, two cases of child trafficking, involving six child victims, were identified and led to criminal proceedings. As a result of the prosecutions, one person was sentenced to imprisonment and a fine, and four persons were acquitted. In 2019, three cases of child trafficking were registered, two of which were processed, involving three child victims. As a result, two persons were sentenced to imprisonment and a fine and two others were acquitted. The Committee requests the Government to continue its efforts to combat child trafficking by ensuring that the perpetrators of these acts are identified and prosecuted, and that sufficiently effective and dissuasive sanctions are imposed. It requests the Government to continue to provide statistical information on identified cases of trafficking in children under 18 years, the prosecutions brought, the convictions obtained and the penalties imposed.
Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee highlighted the absence of a legislative provision prohibiting the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs. It noted with regret the absence of information from the Government and urged it to take, as a matter of urgency, the necessary measures to ensure, in law and in practice, the prohibition of the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, and to establish sufficiently effective and dissuasive sanctions.
The Government indicates that where children are used for serious crimes related to drugs, the law prohibits legal proceedings against them if they are under 10 years of age. The Government provides figures on the number of children involved in cases linked to the trafficking and use of drugs. However, the Committee notes that the Government does not specify the number of children used, procured or offered for the production and trafficking of drugs.
The Committee once again emphasizes that although national legislation establishes penalties for the possession, use or trafficking of drugs, it does not define specific offences on the use, procuring or offering of children by other persons for the production and trafficking of drugs. It also reminds the Government that all children under 18 years used, procured or offered for illicit activities, in particular for the production and trafficking of drugs, must be treated as victims and not criminals. The Committee can only express its concern at the absence of provisions expressly prohibiting the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs. The Committee therefore urges the Government to take, as a matter of urgency, immediate measures to ensure that national legislation prohibits the use, procuring or offering of a child for the production and trafficking of drugs. It also requests it to take the necessary measures to ensure that all children under 18 years used for the production and trafficking of drugs are treated as victims and not criminals, and are therefore not punished for their involvement in illicit activities. The Committee requests the Government to provide information on the measures taken in this regard.
Article 4(1). Determination of hazardous types of work. For several years, the Committee has been noting the Government’s indication that the issue of determining hazardous types of work had been addressed during the current drafting of the new Labour Code. In its previous comment, the Committee noted that section 48 of the draft Labour Code of October 2015 prohibits children below the age of 18 from engaging in hazardous work and provides for the establishment of a list of these types of work through legislation. The Committee urged the Government to take immediate measures to ensure the adoption of the draft Labour Code and the relevant regulation on the list of types of hazardous work prohibited to children under 18 years of age.
The Government indicates that the Bill issuing the Labour Code, which provides that the list of hazardous work prohibited to children under 18 years of age will be determined by legislation and revised on a regular basis following consultation with the employers’ and workers’ organizations concerned, is being finalized. In addition, the Government indicates that a copy of the above Bill has been communicated to the most representative trade union organizations for their opinion. The Committee urges the Government to take, without delay, the necessary measures to finalize and adopt the Bill issuing the Labour Code, in order to determine, following consultation with the employers’ and workers’ organizations concerned, the types of hazardous work prohibited to children under 18 years of age. It requests the Government to provide a copy of the legislative text issuing the Labour Code and the regulatory text fixing the list of the types of hazardous work, once adopted.
Article 6. Programmes of action. Sale and trafficking of children. In its previous comment, the Committee requested the Government to take the necessary measures to combat the trafficking of children under 18 years of age for economic or sexual exploitation.
The Government indicates that a three-year programme for the implementation of the action plan to prevent and combat trafficking in persons 2019–2021 was adopted in 2019. This three-year programme, which incorporates the main pillars of the 2015 action plan, provides, inter alia, for: (i) reliable and accurate data on trafficking in persons; (ii) capacity building for those who deal with cases of trafficking in persons cases; (iii) adaptation of the national legal arsenal to prevent and combat trafficking in persons; (iv) provision of necessary protection and assistance for victims of trafficking; and (v) strengthening of cooperation to combat trafficking in persons. The Government states that the National Committee on Preventing and Combating Trafficking in Persons has initiated the drafting of a Bill on trafficking in persons. The Committee takes note of this information. It notes, however, that the Government does not indicate any specific measures taken under the 2019–2021 three-year programme to combat trafficking in children under 18 years. The Committee requests the Government to provide information on the measures taken within the framework of the 2019 – 2021 three-year programme to effectively combat trafficking in children, and the results achieved.
Article 7(2). Effective and time-bound measures. Clauses (b). Providing assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking of children. The Committee previously requested the Government to take effective and time-bound measures to establish services for the recovery of child victims of trafficking, and for their rehabilitation and social integration. It also requested the Government to take measures to ensure that child victims of trafficking are treated as victims rather than offenders and to provide information on progress in this regard.
The Government indicates that there is currently no national guidance mechanism for victims of trafficking in persons to provide coordinated care for victims but that a working group had been set up to formalize such a mechanism. The Committee further notes the information of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), in its concluding observations of 25 May 2018, according to which “victims of trafficking, including children, continue to be considered migrants in an irregular situation and risk being jailed for illegal activities, such as prostitution, that they engage in because they are victims of trafficking”. The CMW also refers to “the absence of shelters for victims of trafficking and the ban on them being opened by civil society under pain of criminal sanctions for housing migrants in an irregular situation.” (CMW/C/DZA/CO/2, paragraph 59). The Committee urges the Government to take effective and time-bound measures to ensure that children under 18 years of age who engage in illegal activities, such as prostitution, in the context of trafficking, are not punished for that. It also urges the Government to take specific measures to remove child victims of trafficking from this worst form of labour, and to ensure their rehabilitation and social integration, for example by establishing reception and support centres. The Committee requests the Government to provide information on the measures taken in this regard, including within the framework of the national guidance mechanism for victims of trafficking, particularly on the number of children below the age of 18 who have been removed from trafficking and given appropriate care and assistance.
The Committee is raising other matters in a request addressed directly to the Government.

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that sections 342 and 343 of the Penal Code prohibit the procuring or offering of persons, particularly children, for prostitution. It requested the Government to provide information on the application of sections 342 and 343 of the Penal Code in practice.
The Government indicates in its report that in 2019, 646 cases concerning section 342 of the Penal Code (which punishes anyone who habitually incites, promotes or facilitates the debauchery or corruption of minors) were registered, of which 631 were examined. These cases resulted in the conviction of 632 persons and the acquittal of 217 persons. The Government indicates that these cases enabled the identification of 671 child victims. The Government further refers to the number of cases registered under section 343 of the Penal Code (which punishes anyone who uses, procures or offers a person for prostitution), stating that 39 identified victims were between the ages of 13 and 18. The Committee takes due note of the statistics provided by the Government. The Committee requests the Government to continue to provide information on the application in practice of sections 342 and 343 of the Penal Code, specifically concerning cases of persons who use, procure or offer children below the age of 18 for prostitution, by providing, in particular, information concerning the number and nature of the violations reported, convictions obtained and legal penalties imposed, disaggregated by age and gender.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the Government’s indications that, in order to ensure the right to free basic education for all children aged 6–16 years, support measures for children’s schooling, particularly in remote areas, had been developed and allowed them to receive aid in various forms. The Committee noted that the net primary school enrolment rate rose to almost 98 per cent in 2015. It nevertheless noted that, according to UNICEF, roughly 300,000 children from so-called disadvantaged regions did not attend school, and that the dropout rate remained a cause for concern. The Committee requested the Government to provide information on the measures taken to improve the education system, and on the impact of these measures on increasing school completion rates and the school attendance of children from disadvantaged regions.
The Government refers to several measures taken to reduce social disparities, and the repetition and school dropout rates, including: (i) measures to provide care and support for pupils, including those with learning difficulties (remedial learning provisions, development of adaptation classes, school orientation measures, and implementation of the Information System of the Ministry of National Education, for the collection of real-time data and intervention for children with learning difficulties); (ii) an increase in school infrastructure, including in remote and most disadvantaged areas; (iii) assistance from the National Office for Distance Learning and Training for pupils who have not been able to attend state schools; (iv) the allocation of study grants and grants for the start of the school year; (v) the expansion of the transport network; and (vi) the consolidation of specialized school health units.
The Government indicates that in 2020, the enrolment rate for children aged 6 to 16 years was 96.15 percent. It emphasizes that in the 2018/2019 school year, more than 250,000 pupils dropped out of basic education (primary and junior secondary levels), that is 3.84 per cent of pupils. In addition, the Committee notes that the Multiple Indicator Cluster Survey conducted in Algeria in 2019 by the Directorate of Population under the Ministry of Health, Population and Hospital Reform in partnership with UNICEF reveals that the completion rate is 94.5 per cent for primary school, 68.9 per cent for junior secondary and 46.4 per cent for secondary school.
The Government also indicates that the distance learning programmes that were developed in response to the COVID-19 pandemic will be reviewed and improved to become proper distance learning programmes. The priority actions defined by the Ministry of Education include: (i) ensuring compulsory schooling for pupils aged 6 to 16 years who are not in school or who have dropped out; (ii) reducing disparities within or among regions (wilayas) in terms of schooling; and (iii) reducing educational wastage by consolidating school orientation for better support for pupils. While noting the measures taken by the Government, the Committee requests the Government to strengthen its efforts to ensure access to education for all children, particularly in disadvantaged or remote areas, by focusing on reducing school dropout rates at secondary level. It requests the Government to continue to provide information on the measures taken in this regard and on the results achieved, in particular concerning the increase in enrolment and completion rates, and the reduction in the school dropout rates, in primary and secondary education.
Clauses(b) and (d). Assistance for the removal of children from the worst forms of child labour and children at special risk. Street children. The Committee previously noted that under Act No. 15-12 on child protection, a child subjected to begging is considered to be a “child in danger”. He or she is therefore afforded protection by the community child protection services (services du milieu ouvert), responsible for the social protection of children at the local level, and for conducting investigations to verify situations of danger and removing, where necessary, a child from danger. The Committee urged the Government to provide information on the application of the provisions of Act No. 15-12 relating to the community child protection services, in particular on the number of street children and children subjected to begging who are removed from the worst forms of child labour and subsequently rehabilitated and integrated in society.
The Government indicates that the Brigades for the protection of vulnerable persons, established within the police, are called upon to identify children living or working in the street, who can subsequently be placed in specialized child protection centres. In addition, the Government indicates that in 2019, 36 cases of begging were registered, involving 36 child victims, 25 of whom were below 10 years of age. In the first quarter of 2020, 17 cases of begging involving 31 children were registered, of which 17 children were below 10 years of age. The Government states that the perpetrators were, in most cases, the children’s parents. The Committee requests the Government to continue to take effective and time-bound measures to remove children subjected to begging from this worst form of child labour and ensure that they are rehabilitated and integrated in society. It requests the Government to provide information on the number of street children and children subjected to begging who have been identified, removed from the worst forms of child labour and provided with care in specialized child protection centres and by the community child protection services.
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