| ALGERIA People's Democratic Republic of Algeria Al Jumhuriyah al Jaza'iriyah ad Dimuqratiyah ash Sha'biyah Joined United Nations: 8 October 1962 Human Rights as assured by their constitution Updated 22 October 2012 |
Chapter II - The People
Article 6 [Popular Sovereignty]
(1) The People are the source of any power.
(2) The national sovereignty belongs exclusively to the People.
Article 7 [Constituent Power, Referendum]
(1) The constituent power belongs to the People.
(2) The People exercise their sovereignty through institutions they set up.
(3) The People exercise it by means of referendum and through the elected representatives.
(4) The President of the Republic may resort directly to the expression of the People's will.
Article 8 [Institutional Objectives]
The People set up institutions having as objectives:
- the safeguard and consolidation of the national independence;
- the safeguard and consolidation of the national identity and unity;
- the protection of fundamental liberties of the citizen and the social and cultural progress of the Nation;
- the suppression of the exploitation of man by man;
- the protection of the national economy from any form of embezzlement or misappropriation, illegitimate monopolizing or seizure.
Article 9 [Institutional Prohibitions]
The institutions are not allowed:
- feudal, regionalist and nepotic practices;
- setting up exploitation relationships and dependence links;
- practices that are contrary to the Islamic ethics and to the values of the November Revolution.
Article 10 [Representation]
(1) The People choose freely their representatives.
(2) The representation of the People has no limits except those defined by the Constitution and the electoral law.
Chapter IV - Rights and Liberties
Article 29 [Equality Before the Law, No Discrimination]
All citizens are equal before the law. No discrimination shall prevail because of bind, race, sex, opinion or any other personal or social
condition or circumstance.
Article 30 [Citizenship]
(1) The Algerian nationality is defined by the law.
(2) Conditions for acquiring, keeping, losing or forfeiture of the Algerian nationality are defined by the law.
Article 31 [Equality]
The aim of the institutions is to ensure equality of rights and duties of all citizens, men and women, by removing the obstacles which
hinder the progress of human beings and impede the effective participation of all in the political, economic, social and cultural life.
Article 32 [Fundamental Rights and Liberties]
The fundamental human and citizen's rights and liberties are guaranteed. They are a common heritage of all Algerians, men and women,
whose duty is to transmit it from generation to another in order to preserve it and keep it inviolable.
Article 33 [Protection of Rights]
Individual or associative defense of the fundamental human rights and individual and collective liberties is guaranteed.
Article 34 [Personal Integrity, Human Dignity]
(1) The State guarantees the inviolability of the human entity.
(2) Any form of physical or moral violence or breach of dignity is forbidden.
Article 35 [Repression of Infringements]
Infringements committed against rights and libel ties and violations of physical or moral integrity of a human being are repressed by the
law.
Article 36 [Creed, Opinion]
Freedom of creed and opinion is inviolable.
Article 37 [Trade, Industry]
Freedom of trade and industry is guaranteed, it is carried out within the framework of the law.
Article 38 [Intellectual, Artistic, Scientific Innovation, Copyright]
(1) Freedom of intellectual, artistic and scientific innovation is guaranteed to the citizen.
(2) Copyrights are protected by the law.
(3) The seizure of any publication, recording or any other means of communication acid information can only be done in pursuance of a
warrant.
Article 39 [Privacy, Secrecy of Communication]
(1) The private life and the honour of the citizen are inviolable and protected by the law.
(2) The secrecy of private correspondence and communication, in any form, is guaranteed.
Article 40 [Home]
The State guarantees home inviolability. No thorough search can be allowed unless in pursuance of the law and in compliance with the
latter. The thorough search can only be in pursuance of a search warrant emanating from the competent judicial authority.
Article 41 [Expression, Association, Meeting]
Freedom of expression, association and meeting are guaranteed to the citizen.
Article 42 [Political Parties, Restrictions]
(1) The right to create political parties is recognized and guaranteed.
(2) However, this right cannot be used to violate the fundamental liberties, the fundamental values and components of the national identity,
the national unity, the security and the integrity of the national territory, the independence of the country and the People's sovereignty as
well as the democratic and Republican nature of the State.
(3) In respect to the provisions of the present Constitution, the political parties cannot be founded on religious, linguistic, racial, sex,
corporatist or regional basis. The political parties cannot resort to partisan propaganda on the elements mentioned in the previous
paragraph.
(4) Any obedience, in any form of the political parties to foreign interests or parties is forbidden.
(5) No political party can resort to any form of any nature of violence or constraint.
(6) Other obligations and duties are prescribed by the law.
Article 43 [Associations]
(1) The right to create associations is guaranteed.
(2) The State encourages the development of associative movement.
(3) The law defines the conditions and clauses of the creation of associations.
Article 44 [Moving, Dwelling, Entry, Exit]
(1) Any citizen enjoying his civil and political rights has the right to choose freely his place of dwelling and to move on the national
territory.
(2) The right of entry and exit from the national territory is guaranteed.
Article 45 [Innocence]
Any person is presumed not guilty until his culpability is established by a regular jurisdiction with all the guarantees required by the law.
Article 46 [nulla poena sine lege]
None is guilty unless it is in accordance with a promulgated law prior to the incriminated action.
Article 47 [Rule of Law]
None can be pursued, arrested or detained unless within the cases defined by the law and in accordance with the forms prescribed.
Article 48 [Arrest, Custody]
(1) In the field of penal investigation, custody is under judiciary control and cannot exceed forty-eight (48) hours.
(2) The person held in custody has the right to be immediately in contact with his family.
(3) The extension of the period of custody can occur, exceptionally, only within the conditions established by the law.
(4) At the expiry of the period of custody, it is compulsory to proceed to a medical examination of the person detained if this latter asks
for it, and in any cases, this person is informed of this right.
Article 49 [Miscarriage of Justice]
Miscarriage of justice leads to compensation by the State. The law determines the conditions and modes of compensation.
Article 50 [Electoral Rights]
Any citizen fulfilling the legal conditions can elect and be elected.
Article 51 [Equal Access to Offices]
Equal access to functions and positions in the State is guaranteed to all citizens without any other conditions except those defined by the
law.
Article 52 [Property]
(1) Private property is guaranteed.
(2) The right to inherit is guaranteed.
(3) The "Wakf" properties and the foundations are recognized; their intended purpose is protected by the law.
Article 53 [Education]
(1) The right for education is guaranteed. Education is free within the conditions defined by the law.
(2) Fundamental education is compulsory.
(3) The State organizes the educational system.
(4) The State ensures the equal access to education and professional training.
Article 54 [Healthcare]
(1) All citizens have the right for the protection of their health.
(2) The State ensures the prevention and the fight of endemics and epidemics.
Article 55 [Work]
(1) All citizens have right for work.
(2) The right for protection security and hygiene at work is guaranteed by the law.
(3) The right to rest is guaranteed; the law defines the relevant clauses.
Article 56 [Unions]
The trade union right is recognized to all citizens.
Article 57 [Strike]
(1) The right to strike is recognized; it is carried out within the framework of the law.
(2) The law may forbid or limit the strike in the field of national defense and security or in any public service or activity of vital interest
for the community.
Article 58 [Family]
The family gains protection from the State and the society.
Article 59 [Youths]
The living conditions of the citizens under the age of working or those unable or can never be able to work are guaranteed.
Article 60 [Duty to Obey Laws]
(1) Ignorance of the law is no excuse.
(2) Every person should abide by the Constitution and comply with the laws of the Republic.
Article 61 [Duty to Protect Independence]
(1) The duty of every citizen is to protect and safeguard the independence of the country and the integrity of its national territory as well
as all the symbols of the State.
(2) Treason, spying, obedience to the enemy as well as all the infringements committed against the State security are severely repressed
by the law.
Article 62 [Civil Duties]
(1) Every citizen should, loyally, fulfill his obligations towards the national community.
(2) The commitment of every citizen towards the Mother Country and the obligation to contribute to its defense are sacred and permanent
duties.
(3) The State guarantees the respect of the symbols of the Revolution, the memory of the "chouhada" and the dignity of their rightfuls,
and the "moudjahidine".
Article 63 [Duty to Respect Rights]
All the individual liberties are carried out within the respect of the rights of others recognized by the Constitution, in particular, the respect
of the right for honour, intimacy and the protection of the family, the youth and childhood.
Article 64 [Taxes]
(1) The citizens are equals before the taxes.
(2) Everyone should participate in financing the public expenses, in accordance with his contributory capacity,
(3) No taxes can be laid down unless in accordance with the law.
(4) No tax, contribution or duty of any nature can be laid down with a retrospective effect.
Article 65 [Parents]
The law sanctions the duty of parents in the education and protection of their children as well as the duty of the children in helping and
assisting their parents.
Article 66 [Duty to Protect Public Property]
The duty of every citizen is to protect the public property and the interests of the national community and to respect the property of
others.
Article 67 [Rights of Foreigners]
Any foreigner being legally on the national territory enjoys the protection of his person and his properties by the law.
Article 68 [Extradition]
None can be extradited unless in accordance and in implementation of the extradition law.
Article 69 [Political Refugees, Asylum]
In no case, a political refugee having legally the right of asylum can be delivered or extradited.
Article 6 [Popular Sovereignty]
(1) The People are the source of any power.
(2) The national sovereignty belongs exclusively to the People.
Article 7 [Constituent Power, Referendum]
(1) The constituent power belongs to the People.
(2) The People exercise their sovereignty through institutions they set up.
(3) The People exercise it by means of referendum and through the elected representatives.
(4) The President of the Republic may resort directly to the expression of the People's will.
Article 8 [Institutional Objectives]
The People set up institutions having as objectives:
- the safeguard and consolidation of the national independence;
- the safeguard and consolidation of the national identity and unity;
- the protection of fundamental liberties of the citizen and the social and cultural progress of the Nation;
- the suppression of the exploitation of man by man;
- the protection of the national economy from any form of embezzlement or misappropriation, illegitimate monopolizing or seizure.
Article 9 [Institutional Prohibitions]
The institutions are not allowed:
- feudal, regionalist and nepotic practices;
- setting up exploitation relationships and dependence links;
- practices that are contrary to the Islamic ethics and to the values of the November Revolution.
Article 10 [Representation]
(1) The People choose freely their representatives.
(2) The representation of the People has no limits except those defined by the Constitution and the electoral law.
Chapter IV - Rights and Liberties
Article 29 [Equality Before the Law, No Discrimination]
All citizens are equal before the law. No discrimination shall prevail because of bind, race, sex, opinion or any other personal or social
condition or circumstance.
Article 30 [Citizenship]
(1) The Algerian nationality is defined by the law.
(2) Conditions for acquiring, keeping, losing or forfeiture of the Algerian nationality are defined by the law.
Article 31 [Equality]
The aim of the institutions is to ensure equality of rights and duties of all citizens, men and women, by removing the obstacles which
hinder the progress of human beings and impede the effective participation of all in the political, economic, social and cultural life.
Article 32 [Fundamental Rights and Liberties]
The fundamental human and citizen's rights and liberties are guaranteed. They are a common heritage of all Algerians, men and women,
whose duty is to transmit it from generation to another in order to preserve it and keep it inviolable.
Article 33 [Protection of Rights]
Individual or associative defense of the fundamental human rights and individual and collective liberties is guaranteed.
Article 34 [Personal Integrity, Human Dignity]
(1) The State guarantees the inviolability of the human entity.
(2) Any form of physical or moral violence or breach of dignity is forbidden.
Article 35 [Repression of Infringements]
Infringements committed against rights and libel ties and violations of physical or moral integrity of a human being are repressed by the
law.
Article 36 [Creed, Opinion]
Freedom of creed and opinion is inviolable.
Article 37 [Trade, Industry]
Freedom of trade and industry is guaranteed, it is carried out within the framework of the law.
Article 38 [Intellectual, Artistic, Scientific Innovation, Copyright]
(1) Freedom of intellectual, artistic and scientific innovation is guaranteed to the citizen.
(2) Copyrights are protected by the law.
(3) The seizure of any publication, recording or any other means of communication acid information can only be done in pursuance of a
warrant.
Article 39 [Privacy, Secrecy of Communication]
(1) The private life and the honour of the citizen are inviolable and protected by the law.
(2) The secrecy of private correspondence and communication, in any form, is guaranteed.
Article 40 [Home]
The State guarantees home inviolability. No thorough search can be allowed unless in pursuance of the law and in compliance with the
latter. The thorough search can only be in pursuance of a search warrant emanating from the competent judicial authority.
Article 41 [Expression, Association, Meeting]
Freedom of expression, association and meeting are guaranteed to the citizen.
Article 42 [Political Parties, Restrictions]
(1) The right to create political parties is recognized and guaranteed.
(2) However, this right cannot be used to violate the fundamental liberties, the fundamental values and components of the national identity,
the national unity, the security and the integrity of the national territory, the independence of the country and the People's sovereignty as
well as the democratic and Republican nature of the State.
(3) In respect to the provisions of the present Constitution, the political parties cannot be founded on religious, linguistic, racial, sex,
corporatist or regional basis. The political parties cannot resort to partisan propaganda on the elements mentioned in the previous
paragraph.
(4) Any obedience, in any form of the political parties to foreign interests or parties is forbidden.
(5) No political party can resort to any form of any nature of violence or constraint.
(6) Other obligations and duties are prescribed by the law.
Article 43 [Associations]
(1) The right to create associations is guaranteed.
(2) The State encourages the development of associative movement.
(3) The law defines the conditions and clauses of the creation of associations.
Article 44 [Moving, Dwelling, Entry, Exit]
(1) Any citizen enjoying his civil and political rights has the right to choose freely his place of dwelling and to move on the national
territory.
(2) The right of entry and exit from the national territory is guaranteed.
Article 45 [Innocence]
Any person is presumed not guilty until his culpability is established by a regular jurisdiction with all the guarantees required by the law.
Article 46 [nulla poena sine lege]
None is guilty unless it is in accordance with a promulgated law prior to the incriminated action.
Article 47 [Rule of Law]
None can be pursued, arrested or detained unless within the cases defined by the law and in accordance with the forms prescribed.
Article 48 [Arrest, Custody]
(1) In the field of penal investigation, custody is under judiciary control and cannot exceed forty-eight (48) hours.
(2) The person held in custody has the right to be immediately in contact with his family.
(3) The extension of the period of custody can occur, exceptionally, only within the conditions established by the law.
(4) At the expiry of the period of custody, it is compulsory to proceed to a medical examination of the person detained if this latter asks
for it, and in any cases, this person is informed of this right.
Article 49 [Miscarriage of Justice]
Miscarriage of justice leads to compensation by the State. The law determines the conditions and modes of compensation.
Article 50 [Electoral Rights]
Any citizen fulfilling the legal conditions can elect and be elected.
Article 51 [Equal Access to Offices]
Equal access to functions and positions in the State is guaranteed to all citizens without any other conditions except those defined by the
law.
Article 52 [Property]
(1) Private property is guaranteed.
(2) The right to inherit is guaranteed.
(3) The "Wakf" properties and the foundations are recognized; their intended purpose is protected by the law.
Article 53 [Education]
(1) The right for education is guaranteed. Education is free within the conditions defined by the law.
(2) Fundamental education is compulsory.
(3) The State organizes the educational system.
(4) The State ensures the equal access to education and professional training.
Article 54 [Healthcare]
(1) All citizens have the right for the protection of their health.
(2) The State ensures the prevention and the fight of endemics and epidemics.
Article 55 [Work]
(1) All citizens have right for work.
(2) The right for protection security and hygiene at work is guaranteed by the law.
(3) The right to rest is guaranteed; the law defines the relevant clauses.
Article 56 [Unions]
The trade union right is recognized to all citizens.
Article 57 [Strike]
(1) The right to strike is recognized; it is carried out within the framework of the law.
(2) The law may forbid or limit the strike in the field of national defense and security or in any public service or activity of vital interest
for the community.
Article 58 [Family]
The family gains protection from the State and the society.
Article 59 [Youths]
The living conditions of the citizens under the age of working or those unable or can never be able to work are guaranteed.
Article 60 [Duty to Obey Laws]
(1) Ignorance of the law is no excuse.
(2) Every person should abide by the Constitution and comply with the laws of the Republic.
Article 61 [Duty to Protect Independence]
(1) The duty of every citizen is to protect and safeguard the independence of the country and the integrity of its national territory as well
as all the symbols of the State.
(2) Treason, spying, obedience to the enemy as well as all the infringements committed against the State security are severely repressed
by the law.
Article 62 [Civil Duties]
(1) Every citizen should, loyally, fulfill his obligations towards the national community.
(2) The commitment of every citizen towards the Mother Country and the obligation to contribute to its defense are sacred and permanent
duties.
(3) The State guarantees the respect of the symbols of the Revolution, the memory of the "chouhada" and the dignity of their rightfuls,
and the "moudjahidine".
Article 63 [Duty to Respect Rights]
All the individual liberties are carried out within the respect of the rights of others recognized by the Constitution, in particular, the respect
of the right for honour, intimacy and the protection of the family, the youth and childhood.
Article 64 [Taxes]
(1) The citizens are equals before the taxes.
(2) Everyone should participate in financing the public expenses, in accordance with his contributory capacity,
(3) No taxes can be laid down unless in accordance with the law.
(4) No tax, contribution or duty of any nature can be laid down with a retrospective effect.
Article 65 [Parents]
The law sanctions the duty of parents in the education and protection of their children as well as the duty of the children in helping and
assisting their parents.
Article 66 [Duty to Protect Public Property]
The duty of every citizen is to protect the public property and the interests of the national community and to respect the property of
others.
Article 67 [Rights of Foreigners]
Any foreigner being legally on the national territory enjoys the protection of his person and his properties by the law.
Article 68 [Extradition]
None can be extradited unless in accordance and in implementation of the extradition law.
Article 69 [Political Refugees, Asylum]
In no case, a political refugee having legally the right of asylum can be delivered or extradited.
The Turks of the Ottoman Empire ruled all of Arab- and Berber-populated Northern Africa
until the First and Second Barbary War with the United States of America, after which France
began to colonize Algeria from Morocco with an invasion of 5 July 1830. It was organized by
French farmers and merchants into an overseas territory of France. In the earlier part of the
French colonization, native Muslims and Jews were viewed as French nationals, but not
French citizens. This changed with Napoleon III in 1865 with the condition that Muslims
denounced sharia law. This laid the groundwork for the slow emergence of nationalism
fueled by Muslim adherents. Following World War I, an independence movement began to
arise that carried through the 20's and 30's, culminating in a March 1943 with a Manifesto of
the Algerian People, signed by 56 Algerian nationalist and international leaders demanding
an Algerian constitution. In August 1947, the French National Assembly approved the
government-proposed Organic Statute of Algeria, which was resisted by Muslims and
colons, Algerians of European origin alike. The Algerian War of Independence (1954–62),
brutal and long, was the most recent major turning point in the country's history. Although
often fratricidal, it ultimately united Algerians and seared the value of independence and the
philosophy of anti-colonialism into the national consciousness. Abusive tactics of the
French Army remain a controversial subject in France to this day. A referendum of
independence was held in Algeria on July 1, 1962, and France declared Algeria independent
on July 3. On 19 June 1965, a bloodless military coup dissolved the National Assembly and
suspended the constitution for 11 years until a new constitution was promulgated in
November 1976. After violent riots in October 1988, a new constitution was adopted in 1989
that allowed the formation of political associations other than the ruling FLN party.
Following a low-grade civil war between Islamists and secular forces in 1996, a referendum
passed that introduced changes to the constitution enhancing presidential powers and
banning Islamist parties, which conflicts with standards set forth by the Universal
Declaration of Human Rights of which Algeria is a signatory . The following is the extract of
those amendments specifically pertaining to human rights. For a full English translation of
Algeria's constitution, click here.
until the First and Second Barbary War with the United States of America, after which France
began to colonize Algeria from Morocco with an invasion of 5 July 1830. It was organized by
French farmers and merchants into an overseas territory of France. In the earlier part of the
French colonization, native Muslims and Jews were viewed as French nationals, but not
French citizens. This changed with Napoleon III in 1865 with the condition that Muslims
denounced sharia law. This laid the groundwork for the slow emergence of nationalism
fueled by Muslim adherents. Following World War I, an independence movement began to
arise that carried through the 20's and 30's, culminating in a March 1943 with a Manifesto of
the Algerian People, signed by 56 Algerian nationalist and international leaders demanding
an Algerian constitution. In August 1947, the French National Assembly approved the
government-proposed Organic Statute of Algeria, which was resisted by Muslims and
colons, Algerians of European origin alike. The Algerian War of Independence (1954–62),
brutal and long, was the most recent major turning point in the country's history. Although
often fratricidal, it ultimately united Algerians and seared the value of independence and the
philosophy of anti-colonialism into the national consciousness. Abusive tactics of the
French Army remain a controversial subject in France to this day. A referendum of
independence was held in Algeria on July 1, 1962, and France declared Algeria independent
on July 3. On 19 June 1965, a bloodless military coup dissolved the National Assembly and
suspended the constitution for 11 years until a new constitution was promulgated in
November 1976. After violent riots in October 1988, a new constitution was adopted in 1989
that allowed the formation of political associations other than the ruling FLN party.
Following a low-grade civil war between Islamists and secular forces in 1996, a referendum
passed that introduced changes to the constitution enhancing presidential powers and
banning Islamist parties, which conflicts with standards set forth by the Universal
Declaration of Human Rights of which Algeria is a signatory . The following is the extract of
those amendments specifically pertaining to human rights. For a full English translation of
Algeria's constitution, click here.