NGO Law Monitor: Algeria

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Last updated 8 May 2012

Update: On January 21, 2012 the government of Algeria adopted a new Law on Associations (Law 12-06 of 12 January 2012). Like the previous Associations Act 90-31, the new law fails to adequately guarantee the right to freedom of association consistent with Algeria's international obligations. The new law affords the government broad discretion to refuse to register an association and suspend the activities of an association, places restrictions on the founders of associations, makes it difficult for NGOs to receive foreign funds, imposes heavy fines and criminal penalties for members or leaders of informal associations, and fails to provide NGOs with an adequate remedy to appeal the rejection of their registration. On the same day, a new Law on Information, No. 12-5, went into effect, which restricts journalism and access to information in several major areas, such as national identity, sovereignty, the economy, and national security, and requires all publications to have prior approval by a media regulatory authority.

Introduction

Civil society in Algeria operates in a politically complex environment, influenced by attempts at manipulation by different political forces. In 1987, the government promulgated the first law on associations, which had limited effect in instituting reform. The highly restrictive Associations Act of 1990 (Act 90-31) was adopted shortly before the military coup and the start of a decade of violence and terrorism. This law was replaced with Law 12-06 of 12 January 2012, which also fails to protect the freedom of association consistent with Algeria's international obligations. It provides the government broad discretion to refuse to register an association and suspend the activities of an association, places restrictions on the founders of associations, makes it difficult for NGOs to receive foreign funds, imposes heavy fines and criminal penalties for members or leaders of informal associations, and fails to provide NGOs with an adequate remedy to appeal the rejection of their registration.

In addition, the government of Algeria adopted a new Law on Information on January 12, 2012. Two NGOs, Le Coffectif des familles de disparus en Algerie (CDFA) and SOS disparus, reported that the new Law on Information prohibits non-registered groups like CDFA and SOS from disseminating and publishing information, hindering those groups' ability to operate.¹ The law requires all publications to have prior approval by a media regulatory authority. It also restricts expression and access to information in several major areas, such as national identity, sovereignty, the economy, and national security. According to the Committee to Protect Journalists, at least thirty-two provisions can be used to repress free expression, and many are broadly written and could serve as a pretext for unwarranted censorship. Violations under this law can result in fines of up to 500,000 dinars (about $6,700 US).

¹Deux associations de disparus denoncent un atteinte a leurs libertes >> Tout Sur L'Algerie available here.

At a Glance

Organizational Forms	Associations
Registration Body	The President of the people's communal assembly for communal associations; the governor of the province in which the NGO is headquartered (the “wali” of the “wilaya”) for Wilaya associations; and the Ministry of the Interior for national or inter Wilaya associations.
Approximate Number	962 National Associations; 77,361 Local Associations
Barriers to Entry	Mandatory registration, restrictions on founders, and excessive government discretion.
Barriers to Activities	No "institutional or structural relations" with political parties. The law provides a limited number of areas in which associations can engage, including "professional, social, scientific, religious, educational, cultural, sports, environmental, charitable and humanitarian domains." The government can suspend an NGO if it believes the NGO's activities interfere with the "internal business" of the country.
Barriers to Speech and/or Advocacy	The 2012 Law on Information, No. 12-5, could further restrict expression and access to information on several topics, such as national identity, sovereignty, the economy, and security. It also requires all publications to be approved by a media regulatory authority.
Barriers to International Contact	Prior approval is required before any NGO can join an international association or federation. The government has broad discretion to withdraw authorization for a foreign association to operate in Algeria.
Barriers to Resources	Associations are prohibited from receiving funds from foreign funders outside of "official cooperation relationships," a term that is undefined. The 2012 Law on Associations does not list "economic activities" as a potential resource for an association.

Key Indicators

Population	34,586,184 (July 2010 est.)
Capital	Algiers
Type of Government	Republic
Life Expectancy at Birth	Male: 72.57 years Female: 76.04 years (2010 est.)
Literacy Rate	Male: 79.6% Female: 60.1%
Religious Groups	Sunni Muslim (state religion): 99%; Christian and Jewish: 1%
Ethnic Groups	Arab-Berber: 99%; European: less than 1%
GDP Per Capita	$7,400 (2010 est.)

Source: The World Factbook. Washington, DC: Central Intelligence Agency, 2010.

International Rankings

Ranking Body	Rank	Ranking Scale (best - worst possible)
UN Human Development Index	84 (2010)	1 – 182
World Bank Rule of Law Index	26.9 (2009)	100 – 0
World Bank Voice & Accountability Index	17.5 (2009)	100 – 0
Transparency International	105 (2010)	1 – 180
Freedom House: Freedom in the World	Status: Not Free Political Rights: 6 Civil Liberties: 5 (2010)	Free/Partly Free/Not Free 1 – 7 1 – 7
Foreign Policy: Failed States Index	Rank: 71 (2010)	177 – 1

Legal Snapshot

International and Regional Human Rights Agreements

Key International Agreements	Ratification*	Year
International Covenant on Civil and Political Rights (ICCPR)	Yes	1989
Optional Protocol to ICCPR (ICCPR-OP1)	Yes	1989
International Covenant on Economic, Social, and Cultural Rights (ICESCR)	Yes	1989
Optional Protocol to ICESCR (OP-ICESCR)	No	--
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)	Yes	1972
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)	Yes	1996
Optional Protocol to the Convention on the Elimination of Discrimination Against Women	No	--
Convention on the Rights of the Child (CRC)	Yes	1993
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW)	Yes	2005
Convention on the Rights of Persons with Disabilities (CRPD)	Yes	2009
Key Regional Agreements	Ratification*	Year
Arab Charter on Human Rights	Yes	2007
African Charter on Human and Peoples' Rights	Yes	1987
African Charter on the Rights and Welfare of the Child	Yes	2003
Treaty Establishing the African Economic Community	Yes	2001
Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa	Yes	2003
Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights	Yes	2003

* Category includes ratification, accession, or succession to the treaty

Constitutional Framework

The first Algerian Constitution was passed in 1963 by referendum following the end of the War of Independence with France. Algeria’s second constitution was passed in the Boumédienne era (in 1976), and recognized the freedom to associate and form organizations in Article 56 (although the mention was both brief and vague). The requirement that Associations be constituted under the Unic party limited their liberty. A third constitution was written in 1988 following riots, which expanded several freedoms and allowed citizens to elect representatives and to form political parties. The 1992 military coup, however, suspended parts of this constitution because the government declared a state of emergency. The constitution was again modified in 1996, and included unprecedented reforms to liberty of public manifestation. The 1996 constitution was revised in 2002 and 2008, but without major changes. The 2011 revolution in neighboring Tunisia spurred two months of consultations on how to amend Algeria's constitution. A committee completed drafting recommended changes in June 2011, but these proposals have not been presented to the public.

Relevant articles of the Constitution:

Article 33: Individual or associative defense of the fundamental human rights and individual and collective liberties is guaranteed.
Article 41: Freedom of expression, association and assembly are guaranteed to the citizen.
Article 43: The right to create associations is guaranteed. The State encourages the development of associative movement. The law defines the conditions and clauses of the creation of associations.

National Laws and Regulations Affecting Sector

Relevant national legislation includes the following:

Law 12-06 of 12 January 2012 on Associations: The law replaces the highly restrictive Associations Act 90-31, but still fails to adequately guarantee the right to freedom of association consistent with Algeria’s international obligations. The new law affords the government broad discretion to refuse to register an association and suspend the activities of an association, places restrictions on the founders of associations, makes it difficult for NGOs to receive foreign funds, imposes heavy fines and criminal penalties for members or leaders of informal associations, and fails to provide NGOs with an adequate remedy to appeal the rejection of their registration.
Law 12-05 of 12 January 2012 on Information: This law replaces the 1990 media law and could restrict journalism and access to information in several major areas, including national identity, sovereignty, the economy, and security. The law requires all publications to have prior approval by a media regulatory authority. According to the Committee to Protect Journalists, at least thirty-two provisions can be used to repress free expression, and many are broadly written and could serve as a pretext for unwarranted censorship. Violations under this law can result in fines of up to 500,000 dinars (about $6,700 US).
Law 91/19 of December 2, 1991 on Public Meetings and Gatherings: The law requires organizers of gatherings, marches and processions in outdoor public spaces and thoroughfares to apply for prior authorization from ministry of interior officials eight days in advance of the event. The law allows those officials to deny authorization if the meeting or demonstration "opposes the national values (constantes nationales) or ... undermines the symbols of the Revolution of November 1, the public order, or morality."
Laws on Religious Associations and Awqaf
Law 6 of 2003 on Non-Muslim Religious Associations

Pending NGO Legislative / Regulatory Initiatives

Please help keep us informed; if you are aware of pending initiatives, write to ICNL at ngomonitor@icnl.org.

Legal Analysis

Organizational Forms

The most common civil society organizational form under Algerian law is the association. The 2012 Associations Act defines associations as “individuals or legal entities” that “form a group on a contractual basis for a specific or non-specific period of time and share in a common, voluntary, and non-profit purpose."

Religious associations, awqaf, are governed by separate laws and are regulated by the Ministry of Religious Affairs and Awqaf. Non-Muslim Religious Associations are governed by Law 06 of 2003 and the National Commission for Non-Muslim Religious Services is responsible for registering and regulating these groups.

Public Benefit Status

According to Article 34 of the 2012 Associations Act, associations regarded as “being in the general interest and/or of public utility” can receive financial aid from the government. But the law does not state how to measure the “public benefit” of an association, which leaves much to the discretion of the government. And in actuality, the Algerian government does not provide any direct or indirect financial benefits, such as tax exemptions or public utility discounts to NGOs.

Barriers to Entry

Registration is mandatory for associations operating in Algeria. The law provides for between three months and six months imprisonment or a fine of 100,000 dinars ($1,350) to 300,000 dinars ($4,040) for being part of an association that is “not yet registered.”

There are a number of obstacles to the establishment and registration of associations. Rather than encourage the formation of associations, the law and government policies seem specifically designed to discourage associations and civil society in general. For example:

The 2012 Associations Act gives wide discretion to the government to refuse to issue a registration receipt. For example, the law gives the government the right to refuse issuance of a receipt if the purposes and goals of the association’s activities are not “in the general interest” or “contrary to public order, good morals and provisions of the laws and regulations currently in force.” Even though associations are granted the right to appeal a denial of registration, the government can bring additional proceedings to annul the creation of the association altogether and nullify a previous ruling in its favor. This final procedure has no appeal and, moreover, is not decided by an independent court.
The 2012 Associations Act also provides a limited number of areas in which associations can engage, including “professional, social, scientific, religious, educational, cultural, sports, environmental, charitable and humanitarian domains.”
The Act restricts who can create, administer, or run association to persons who are of legal age, Algerian nationals, and eligible for his or her civil and civic rights. In addition, if a person serves as an executive member, he or she may not have been sentenced for a crime or flagrant offence incompatible with the field of activity of the association, unless he or she has been rehabilitated.
The Act prescribes needlessly burdensome provisions on founding members, including a high minimum number of founders (between ten and twenty-five, depending on the type of association); information on the founders’ marital status, professions, residences, and copies of their police records; and that the founders of an association come from different regions in Algeria.
A foreign association can be de-authorized if it “clearly interferes in the affairs of the host country or performs activities that violate national sovereignty, the established institutional order, national unity, the integrity of the national territory, public order and morality, or the national values of the Algerian people.” An association is considered foreign if one director or board member is a foreign national. Foreign NGOs might also be prohibited from operating in Algeria if the foreign association’s host country has not concluded a bilateral agreement with Algeria.

Barriers to Operational Activity

The 2012 Associations Law provides a limited number of areas in which associations can engage, including “professional, social, scientific, religious, educational, cultural, sports, environmental, charitable and humanitarian domains.” This provision could be interpreted to impose broad restrictions on associations that are not explicitly referenced, such as human rights organizations. Moreover, Article 2 appears to permit only associations with purposes that benefit the public to register. Member benefit organizations, such as clubs, trade associations, and neighborhood groups, do not appear be permitted under the new Law.

Associations are allowed to spend money only on activities that are directly related to its objectives.

The Law further permits the government to forcibly dissolve an association for interfering with the “internal business of the country” or posing a “threat to national sovereignty,” vague grounds that leave leaving excessive government discretion.

Associations are prohibited from having any “institutional or structural relations” with political parties. Most active and visible associations report interference by government authorities, including surveillance, monitoring of telephone calls, and difficulty in securing meeting spaces.²

²United States Department of State 2010 Human Rights Report: Algeria available here.

Barriers to Speech / Advocacy

There are multiple restrictions on the ability of associations to assemble, demonstrate or publicly express themselves.

There are barriers on the ability of NGOs to criticize the government or to advocate politically unpopular causes. For example, a 2000 decree bans demonstrations in Algiers, and a 2006 presidential decree continues to criminalize speech about the conduct of the security forces during the internal conflict of the 1990s.³

A new Law on Information of January 2012 could restrict the work of journalists and access to information in several topics, such as national identity, sovereignty, the economy, and security. The law also requires all publications to have prior approval by a media regulatory authority. Furthermore, the government restricts free expression through accusations of defamation and informal pressure.⁴

³ Id.
⁴ Id.

Barriers to International Contact

The law requires associations to secure approval from the Ministry of the Interior before joining an international association or federation. This requirement hinders associations from meeting with their peers in the international community to compare experience and exchange ideas. Moreover, the Prime Minister has warned civil society and political organizations about holding meetings (with foreign missions) that "undermine the country's internal affairs."⁵

Foreign associations are now allowed to operate in Algeria but can be de-authorized if it “clearly interferes in the affairs of the host country or performs activities that violate national sovereignty, the established institutional order, national unity, the integrity of the national territory, public order and morality, or the national values of the Algerian people.” An association is considered foreign if one director or board member is a foreign national. Foreign NGOs might also be prohibited from operating in Algeria if the foreign association’s host country has not concluded a bilateral agreement with Algeria.

⁵ United States Department of State 2009 Human Rights Report: Algeria available here.

Barriers to Resources

Associations may only receive funding from a limited number of sources: membership fees, income from associational activities and assets, donations, income derived from collections, and subsidies. The 2012 Law on Associations does not list “economic activities” as a potential resource for an association.

The 2012 Law on Associations prohibits an association from receiving funds from foreign associations outside of “official cooperation relationships,” a term that the law does not define. An organization that violates this provision may face dissolution.

Reports

UN Universal Periodic Review Reports	Universal Periodic Review: Algeria (2008)
Reports of UN Special Rapporteurs	Algeria
USIG (United States International Grantmaking) Country Notes	Not available
U.S. State Department	2010 Country Reports on Human Rights Practices: Algeria Advancing Freedom and Democracy Reports, 2010: Algeria
Failed States Index Reports	Foreign Policy: Failed States Index 2010
IMF Country Reports	Algeria and the IMF
International Commission of Jurists	Algeria
International Center for Not-for-Profit Law Online Library	Algeria

News and Additional Resources

While we aim to maintain information that is as current as possible, we realize that situations can rapidly change. If you are aware of any additional information or inaccuracies on this page, please keep us informed; write to ICNL at ngomonitor@icnl.org.

General News

Upcoming elections must address civil society's legitimate demands on freedom of association (May 2012)
United Nations Special Rapporteur on freedom of peaceful assembly and of association, Mr. Maina Kiai, urged Algerian authorities to seize the unique opportunity offered by the upcoming legislative elections to ensure that the new regulations for civil society organizations, adopted at the end of last year, adequately meet the requirements of international human rights law. “The legislative elections, scheduled on Thursday, 10 May 2012, must address civil society’s legitimate demands and uphold freedom of association,” Mr. Kiai stressed. “While the Arab Spring paved the way for a more inclusive participation of civil society, it is highly regrettable that Algeria has now taken a step backwards in relation to freedom of association by placing more rigorous limits on the scope of associations’ activities or their access to funding.” (Read more)

Harassment of union leaders and bans on demonstrations continue in Algeria despite the repeal of the state of emergency (March 2012)
Human rights defenders, in particular union activists, remain the targets of harassment by the authorities in Algeria. On February 26, 2012, 40 members of the National Workers' Committee on Pre-employment and the Social Net of the National Independent Union of Public Servants (Syndicat national autonome des personnels de l'administration publique, SNAPAP) were arrested during a sit-in demonstration staged in front of the Maison de la Presse in Algiers, where participants were calling for recognition of the rights of unemployed and casual workers. On the same day, 40 contract teachers, along with the president and the general secretary of the Contract Teachers' National Council (a SNAPAP affiliate), were also arrested at a sit-in held in front of the Presidency of the Republic in Algiers to call for the granting of tenure. These kinds of arrests have become commonplace against union activists who are the targets of constant harassment by police and by the judicial authorities. (Read more)

New Media Law Stifles Free Expression, says CPJ (January 2012)
The Algerian government has touted the media law, which went into effect on January 12, as a major step in the advancement of press freedom in the country, but local journalists and civil society activists believe it is still restrictive and are calling for its revision. (Read more)

New Algerian Association Law Faces Criticism (December 2011)
A new law gives sweeping power to Algerian authorities to regulate and control associations, while banning non-governmental groups from receiving foreign financial assistance. The interior ministry justified the measures by citing needs to track the flow of money. The controversial legislation was approved by the People's National Assembly on Tuesday (December 13th) but failed to receive unanimous backing. (Read more)

Algeria's Bouteflika to End State TV and Radio Control (September 2011)
Algeria has announced reforms to allow private radio and television stations to exist for the first time since independence in 1962. According to Mr. Bouteflika, these changes would be implemented once parliament voted them into law. The cabinet said the changes were part of a package of reforms promised by Mr. Bouteflika in a national address in April 2011. (Read more)

Algerian Women Test the 'Arab Spring' Winds (March 2011)
To appease "Arab spring" protesters, Algeria lifted its 19 year old law that banned public assembly. However, according to some civil society groups, nothing has changed and the government continues to impede the right to assemble or associate. (Read more)

Change in Algeria Fundamental for Human Rights and Security (February 2011)
Amidst the demands for democratic change across the Middle East and North Africa, the United States is now confronted with important questions demanding both introspection and foresight. Where our relationships with each of these nations facing revolution vary to great degrees, there is one particular relationship that I wish to draw attention to from the human rights perspective. The relationship between the US and Algeria is one heavily entrenched in trade relations, oil deals, and geopolitical positioning. However, for the United States, as a nation that so staunchly asserts its ideals on human rights and strives so ardently to protect them, this relationship is one worth questioning. The abysmal human rights record of Algeria quickly illuminates the discrepancies in ideological foundations of both nations and should bring sharp condemnation from the United States, rather than quiet consent. (Read more)

Rally for Culture and Democracy (January 2011)
Anti-government protests erupted in Algeria after weeks of similar demonstrations in neighboring Tunisia (Read more). Public gatherings in Algeria have been banned since 2002, but RCD, the country's largest opposition party, said around 300 protesters had defied the ban in order to speak out against unemployment and lack of freedom in the North African country. (Read more)

Corruption Algerian style (December 2010)
It’s Sunday, 5 September and Dr. Djilali Hadjadj and his wife Madame Hadjadj are at the Constantine airport in Algeria in preparation for a flight to France. But they don’t go anywhere – just minutes after making themselves known at the ticketing counter a policeman is at their side informing them that a warrant is out for Dr. Hadjadj’s arrest. Thinking the policeman has the wrong person, Hadjadj attempts to dismiss the threats and is startled to be told that charges have been laid for “forgery and falsification.” Hadjadj is taken to a “dirty and poorly kept” local prison cell overnight and eventually transferred, via a 24 hour road journey, to Algiers police station where he spends the next eight days. The authorities refuse to give him details about the reasons for his arrest. “They tried to see if I would say more about this (forgery),” he recalls. “I said that I was totally unaware of the existence of the complaint, trial and the arrest warrant. I was flabbergasted.”

Algeria seeks unified Maghreb religious authority to fight extremism (April 2010)
With an eye to countering extremist and terrorist ideologies, Algerian officials plan to help cultivate a unified regional religious authority. (Read more)

U.S., Algeria Sign First Legal Assistance Treaty (April 2010)
Attorney General Eric Holder was in Africa Wednesday for the signing of a legal assistance treaty between the U.S. and Algeria, a country that has seen an increase in terrorist attacks and organized crime. (Read more)

Aid Groups Advocate Solution to Decades-Old Warehousing of Refugees (April 2010)
‎Aid activists claim refugees are being denied Algerian citizenship and... Activists who have visited Algeria's Sahrawi camps say despite massive food aid, almost 20 percent of inhabitants are malnourished. (Read more)

Algerian rights body urges lifting of state of emergency (March 2010)
Algerian human rights activists on Saturday called for an 18-year-old state of emergency in the country to be lifted as it prevented people from exercising their rights. Algerian League for the Defence of Human Rights (LADDH) chief Mostefa Bouchachi said political parties, non-government organizations, the press and civil society should work together and press for an end to the state of emergency, "a major obstacle to the advancement of human rights."

Human Rights Watch

World Report 2010: Algeria