Freedom of Association in Algeria
Recommendations 1

The Algerian government is called upon to:
 

1 - With regard to the political, democratic and human rights situation

  • Act in conformity with the provisions of the International Covenant on Civil and Political Rights and the norms and principles set forth in the other international instruments on human rights ratified by Algeria, and to take into account the relevant jurisprudence of the United Nations Committee on Human Rights;
  • Put an end to the use of provisions of the law on the state of emergency as a basis for criminalizing or imposing arbitrary restrictions on peaceful activities or freedom of expression and association of civil society;
  • Guarantee to all citizens effective access to justice and the right to a fair trial before an independent and impartial tribunal;
     

2 - With regard to the laws and practices pertaining to associations and civil society organizations

  • Respect, de jure and de facto, the freedoms of expression, of assembly, of association, in conformity with the international commitments of Algeria;
  • Rescind article 46 of the implementation order of the Charter for Peace and National Reconciliation that allow for an abusive interpretation of the restrictions on freedom of association;
  • Ensure, by way of an adequate consultation mechanism, the participation of associations to the decision-making process on policies of public interest.

    3 - With regard to the climate required for the sustainable development of civil society

    Formation and Incorporation

     

    • Reform Law No 90-31 of 1990 on associations and, in particular:
    • Ease the formalities of incorporation set forth in articles 9 and 23 so as to facilitate the effective exercise of freedom of association by reducing the existing restrictive formalities;
    • Subject the formation of associations to the declaration system rather than to the prior control system now in place, in conformity with article 7 of Law No 90-31;
    • Issue immediately and automatically, and not after 60 days as is now provide by law, the registration receipt, thus assuming the good faith of the founders;
    • Allow the deposit of the statutes of an association at the seat of the sub-Prefecture, and not only at the seat of the Prefectures, that are often remote;

    Dissolution and Suspension

    • Amend article 45 of Law No 90-31 of 1990 on associations so as to eliminate jail terms for founders that pursue their activities while waiting for the receipt that the authorities have not wanted to issue within the 60-day period provided by law;
    • Rescind article 5 of the law that allows the dissolution of any association based on a purpose that is “contrary to the established institutional system”, such a notion is lacking precision and legal rigour.

    Organization and Operation

    • Eliminate from article 2 of Law No 90-31 of 1990 all restrictions pertaining to activities carried out by an association even if those activities do not conform to its initial purpose;
    • Create the offence of violation of the right of assembly, applicable against any individual or government official who intervenes to prohibit the holding of a meeting without having been given a mandate to do so for a legitimate cause;
    • Put an end to police surveillance, used to intimidate, associations members and their premises;
    • Lift all restrictions against associations pertaining to the rental of offices, freedom of assembly and the securing of funding to carry out their activities;
    • Widen the possibilities for association to initiate and take part in legal proceedings, in particular by authorizing the associations possessing the legal personality to associate themselves to a court action in cases related to their purpose.

     

     Funding and Taxation

    • Abolish restrictions limiting the financing of associations, in particular by eliminating membership fee ceilings and by authorizing associations to resort freely to donations (public or private) in a transparent manner and by simply informing the administrative authority;
    • Allow the acquisition of foreign donations without subjecting such donations to the exclusive evaluation of the minister of the interior, as it is now provided by article 28a of Law 90-31;
    • Modify the provisions of the law of December 10, 2003 pertaining to the fight against terrorism and money laundering in order to eliminate any confusion with the financing of associations;
    • Adopt a law that will provide for the transparent and equitable distribution of public funds;
    • Ensure that the financing of the support programs of the European Union is obtained by the associations in conformity with the EU-Algeria association agreement and the national action plan of the European Neighbourhood Policy (ENP) and that there is no obstacles in the payment to the beneficiaries;

    Control authority, Governance and Transparency

    • Guarantee an effective remedy in a reasonable period in case of proceedings for abuse of power before administrative jurisdictions pertaining to restrictions against the basic rights of members of associations and human rights defenders;
    • Eliminate penal sanctions and the confiscation of publications in case of a disagreement regarding the registration of copyright or custom controls of publications that are not prohibited, in the course of regular proceedings.

     

    [1] These recommendations have been drafted on the basis of the report on Algeria written under the aegis of the EMHRN and the alternative report submitted by CFDA and FIDH at the time of the examination of the periodical report of Algeria in Geneva. Back to text