a. Freedom of Association and the Right to Collective Bargaining
The constitution allows for the right of workers to join and form unions of their choice, provided they are citizens. The country has ratified the ILO’s conventions on freedom of association and collective bargaining but failed to enact legislation needed to implement these conventions fully. It was unclear whether the government enforced applicable laws commensurate with those for other laws involving denial of civil rights, such as discrimination. The law requires that workers obtain government approval to form a union, and the Ministry of Labor must approve or disapprove a union application within 30 days. To form a union, an applicant must be Algerian by birth or have held Algerian nationality for 10 years. The law also provides for the creation of independent unions, although the union’s membership must account for at least 20 percent of an enterprise’s workforce. Unions have the right to form and join federations or confederations, and the government recognized four confederations. Unions may recruit members at the workplace. The law prohibits discrimination by employers against union members and organizers and provides mechanisms for resolving trade union complaints of employers’ antiunion practices.
The law permits unions to affiliate with international labor bodies and develop relations with foreign labor groups. For example, the General Union of Algerian Workers (UGTA), which represented most public-sector workers, is an affiliate of the International Trade Union Confederation. Nevertheless, the law prohibits unions from associating with political parties and receiving funds from foreign sources. The courts are empowered to dissolve unions that engage in illegal activities. The government may invalidate a union’s legal status if authorities perceive its objectives to be contrary to the established institutional system, public order, good morals, law, or regulations in force.
The law provides for collective bargaining by all unions, and the government permitted the exercise of this right for authorized unions. Nevertheless, the UGTA remained the only union authorized to negotiate collective bargaining agreements during the annual tripartite meeting. Other authorized unions can bargain with specific ministries but are excluded from the tripartite meeting.
The law provides for the right to conduct legal strikes, and workers exercised this right, subject to conditions. Striking requires a secret ballot of the whole workforce. The decision to strike must be approved by majority vote of workers at a general meeting. The government may restrict strikes on several grounds, including economic crisis, obstruction of public services, or the possibility of subversive actions. Furthermore, all public demonstrations, including protests and strikes, must receive prior government authorization. By law workers may strike only after 14 days of mandatory conciliation or mediation. The government occasionally offered to mediate disputes. The law states that decisions reached in mediation are binding on both parties. If mediation does not lead to an agreement, workers may strike legally after they vote by secret ballot to do so. The law requires that a minimum level of essential public services must be maintained during public-sector service strikes, and the government has broad legal authority to requisition public employees. The list of essential services included banking, radio, and television. Penalties for unlawful work stoppages range from eight days’ to two months’ imprisonment. The law protects union members from discrimination or dismissal based on their union activities. Penalties for abusing union members’ rights are not sufficient to deter abuses. The law says any firing or other employment action based on discrimination against union members is invalid. The government did not effectively enforce these laws.
The government reported 99 registered trade unions and 59 employers’ organizations, up from 91 and 47, respectively, in 2020. Many trade unions remained unrecognized by the government; they identified delayed processing and administrative hurdles as the primary obstacles to establishing legal status. The ILO Committee of Experts on the Application of Conventions and Recommendations reiterated in 2017 that the lengthy registration process seriously impeded the establishment of new unions.
Attempts by new unions to form federations or confederations suffered similar challenges. Representatives of the National Autonomous Union for Public Administration Personnel (SNAPAP) stated that the union continued to function without official status.
The government continued to deny recognition to the General Autonomous Confederation of Workers in Algeria (CGATA), an independent trade union confederation that includes public and economic-sector unions and committees. CGATA membership included workers from unions representing government administrators, diplomatic personnel, state electricity and gas employees, university professors, public transport and postal workers, and lawyers. The confederation also included migrants working in the country. In 2019 authorities shut down CGATA’s offices and authorities arrested and jailed an executive member of CGATA, Kaddour Chouicha. On April 29, authorities arrested Chouicha, journalists Jamila Loukil and Said Boudour, and 12 others on charges of “enlistment in a terrorist or subversive organization active abroad or in Algeria.” The court in Oran heard the case on May 18 but did not notify the defendants’’ lawyers. The court granted Chouicha and Loukil’s provisional release and placed Boudour under judicial supervision.
SNAPAP and other independent unions faced government interference throughout the year, including official obstruction of general assembly meetings and police harassment during sit-in protests. Furthermore, the government restricted union activities and the formation of independent unions in certain critical public services sectors, such as oil and gas and telecommunications. The International Trade Union Confederation reported that judicial abuse of trade union leaders had intensified.
On April 5, authorities arrested Mourad Ghedia, president of the SNAPAP/CGATA Justice Sector Workers. A judge placed Ghedia in pretrial detention. Ghedia did not have access to a lawyer, and the judge did not inform him of the charges.
b. Prohibition of Forced or Compulsory Labor
The law prohibits and criminalizes all forms of forced or compulsory labor. The government did not effectively enforce the law. Penalties were not commensurate with those for other analogous serious crimes, such as kidnapping.
NGOs reported that irregular migrants sometimes worked in forced labor and that their lack of work permits made them more vulnerable to exploitation. For example, migrant women were subjected to debt bondage as they worked to repay smuggling debts through domestic servitude, forced begging, and exploitation. Construction workers and domestic workers were reportedly vulnerable. Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.