Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

Incidence of compulsory prison labour on the application of Article 1 of the Convention. The Committee recalls that under section 2 of the Inter-Ministerial Order of 26 June 1983 establishing arrangements for the use of prison labour and section 96 of Act No. 05-04 of 6 February 2005 establishing the Prison Code and regulations on the social reintegration of prisoners, prison labour is compulsory for convicted persons. The Committee recalls that compulsory prison labour, even if its aim is reintegration, has an incidence on the application of the Convention, when imposed in one of the situations covered in Article 1 of the Convention.

Article 1(a). Imprisonment involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. 1. Associations Act. The Committee recalls that under section 39 of Act No. 12-06 of 12 January 2012 (the Associations Act), 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”. Moreover, under section 46 “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 notes the Government’s indication that the Constitution of 2020 introduced new provisions strengthening the right to form associations, which may be established by simple notification, in conformity with section 53. This section also provides that associations may only be dissolved by judicial decision. The Government states that judges apply a strict interpretation of the texts providing for offences and penalties of a criminal nature. According to the statistics, 29 criminal prosecutions were filed on the basis of section 46 of Act No. 12-06 during 2022 and 2023, and one single case was registered in the first quarter of 2024.

The Committee also notes that the Special Rapporteur on the rights to freedom of peaceful assembly and of association, in his report submitted to the Human Rights Council (2024 session), emphasized that Act No. 12-06 on associations contains restrictive and vague provisions, leaving wide discretion to the authorities. Under the Act, government authorization is required for the creation of an association, as opposed to the notification system provided for in the 2020 Constitution. The Act also prohibits associations from going against the vague concept of “national values”. The Special Rapporteur referred in particular to the dissolution of two human rights organizations, certain of whose members were prosecuted and given prison sentences (A/HRC/56/50/Add.2).

The Committee recalls that the freedom to express political or ideological views as well as other generally recognized rights figure among the activities listed under Article 1(a) of the Convention for which a sanction involving compulsory labour must not be imposed. Those rights include the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views (2012 General Survey on the fundamental Conventions, para. 302).

The Committee urges the Government to take the necessary measures to ensure that persons who, through exercising their right of association, express political views or peacefully oppose the established political, social or economic system cannot be subject to imprisonment involving compulsory labour, 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 (number of convictions, sanctions applied, and facts giving rise to these convictions).

2. Criminal Code. The Committee has observed that certain activities criminalized in the Criminal Code may be sanctioned by a prison sentence (involving compulsory prison labour), in circumstances that may fall within the scope of application of the Convention. The following are thus considered as criminal offences: the receipt of propaganda funds of foreign origin and involvement in political propaganda (section95); the 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 95bis); the distribution, putting on sale, public display or possession of publications capable of harming the national interest (section 96); participation in/incitement to an unarmed gathering (sections 98 and 100); insulting a judge, civil servant, public official, or law enforcement commander or officer (section 144); insulting the Prophet and the envoys of God and denigration of the dogma and precepts of Islam (section 144bis 2); dissemination or spreading of false information likely to undermine security or public order (section 196bis); defamation (section 298); insults (section 299); insulting any citizen responsible for a public service ministry (section 440).

The Committee notes the Government’s indication that the provisions of the Criminal Code are interpreted strictly. Their application requires proof of criminal intent for any crime detrimental to the security of the State, its institutions, the safety of the public and public order, or to the rights and freedoms of individuals. There are thus no grounds for their application in relation to the peaceful expression of opinion.

The Committee notes that the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association indicates in his report that criminal prosecutions continue to be brought against human rights defenders, civil society representatives, journalists and members of religious minorities. According to estimates provided by lawyers and civil society organizations, more than 200 people are currently serving prison sentences related to offences under pre-2020 legislation, such as overly restrictive provisions making it an offence to participate in a meeting or public demonstration held without prior authorization and overly broad definitions of terrorism. The Special Rapporteur echoed the calls made to the Government by the working group of the Universal Periodic Review (session of November 2022) to decriminalize defamation and address it under the civil law. The Special Rapporteur also emphasized that several sections of the Criminal Code were drafted in vague terms and broad language and continued to be used to restrict the rights to freedom of peaceful assembly and of association (A/HRC/56/50/Add. 2).

The Committee notes this information with concern and requests the Government to take the necessary measures to review the above-mentioned provisions of the Criminal Code, to ensure that, both in law and practice, the provisions do not allow the sanctioning of persons expressing political opinions or who oppose the established political, social or economic system peacefully, through the imposition of a prison sentence involving compulsory labour.

Article 1(d). Penalties for participating in strikes. The Committee recalls that section 55(1) of Act No. 90-02 of 6 February 1990, concerning the prevention and settlement of collective labour disputes and the exercise of the right to strike, is not in conformity with the Convention. This section provides that anyone who causes or seeks to cause, or maintains or seeks to maintain, a strike contrary to the provisions of the Act, shall be liable to imprisonment ranging from eight days to two months and/or to a fine. The Committee notes that the Government refers to the adoption in 2023 of Act No. 23-08 concerning the prevention and settlement of collective labour disputes and the exercise of the right to strike, which repeals the provisions of Act No. 90-02 of 6 February 1990. It notes with regret that the prison sentences (ranging from three to six months and/or a fine) are maintained in respect of anyone who causes or seeks to cause, or maintains or seeks to maintain, a strike contrary to the provisions of the Act (section 85(1)). In the event of the strike being accompanied by violence or assault against persons or property, the penalties are doubled (section 85(2)).

The Committee again urges the Government to take the necessary measures to amend section 85(1) of Act No. 23-08 of 2023 concerning the prevention and settlement of collective labour disputes and the exercise of the right to strike to ensure that, in conformity with Article 1(d) of the Convention, no persons who participates peacefully in a strike can be sentenced to imprisonment involving compulsory labour. The Committee also refers to its comments adopted in 2024 on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

The Committee is raising other matters in a request addressed directly to the Government.