242. Algerian labour and social security laws and regulations are in conformity with the principles contained in the African Charter on Human and Peoples’ Rights. - Regarding the Constitution: 243. The constitutional principles governing labour legislation are based on non-discrimination among citizens. 244. The Constitution of 1989, amended in 1996, guarantees the equality of citizens before the law, without any discrimination on the basis of birth, race, gender, opinion or any other personal or social status or condition. 245. It also guarantees fundamental principles for promoting and strengthening human and citizens’ rights, for which employees’ rights are a reference for developing a labour law, enabling workers to freely exercise their fundamental rights. 246. Through these general principles, it commands the protection of the fundamental freedoms of citizens and the socio-cultural welfare of the Nation. 247. In this regard, State institutions are prohibited from feudal, regionalist and nepotistic practices, and must ensure the equal rights and duties of all citizens by removing obstacles that impede the development of the human person and by promoting the effective participation of all persons in the political, economic, social and cultural affairs of the country. 248. In the particular area of employment, the Constitution guarantees the following principles: - the right to work; - the right to protection, safety and hygiene at work; - the right to rest is guaranteed; - the trade union right is recognised to all citizens; - the right to strike is recognised. 249. These constitutional rights, aimed at promoting all aspects of human rights, served as the basis for the 1990 social legislation which is also based on the 59 international labour conventions ratified by Algeria. 250. With regard to freedom of association, Article 56 of the Constitution stipulates that “the trade union right is recognised to all citizens”. This right is further outlined in Law No. 90-14 of 2 June 1990 governing the exercise of this right. - Regarding international instruments: 251. Algeria has ratified Convention No. 111 on discrimination (employment and profession). It has also ratified the major international instruments on the rights of the child: International Convention No.138 on the minimum age of admission to employment, adopted by the General Conference of the International Labour Organization on 26 June 197338, The Convention on the rights of the child adopted by the United Nations General Assembly on 20 November 198939, International Convention No. 182 on the prohibition of the worst forms of child labour and the immediate action for their elimination, adopted by the General Conference of the International Labour Organization on 17 June 199940, 38 39 40 03/09/1983 19/12/1992 28/11/2000 40

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