* 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 1976 during the Boumédienne era; it recognized the freedom to associate and form organizations. After public uprisings in 1988, a third constitution was adopted, expanding on several individual freedoms, including by allowing citizens to elect representatives and form political parties. Parts of this constitution were suspended following the 1992 military coup, however, when the government declared a state of emergency. The constitution was again modified in 1996, 2002, and 2008, though without substantial changes with regard to individual rights and freedoms.

The 2011 revolution in neighboring Tunisia and signs of growing discontent among Algerians led President Bouteflika to promise a raft of reforms that included constitutional revisions. Consultations on recommended changes took place from 2011 to late 2015, when President Bouteflika approved the draft amendments, and Parliament approved them in February 2016. Among other things, the amendments reinstated a two-term limit on the office of the presidency, and a requirement that the prime minister be selected from the parliamentary majority rather than directly chosen by the president.

On November 1, 2020 Constitutional changes were passed after a popular referendum with a record low voter turnout was held.  The revised Constitution limits the role of the army to “the consolidating and developing of the Nation’s defensive capabilities; preserving national independence and defending national sovereignty; and protecting the unity of the country and the integrity of its territory” (Article 30). However, it does not prohibit the armed forces from intervening in the political or economic affairs of the country. It additionally does not provide for civilian oversight of the armed forces, though under the adopted constitution, the president remains the Supreme Commander of the Armed Forces and in charge of national defense.

The amendments to the Constitution also placed more power in the hands of the president, providing him with the power to appoint and dismiss the prime minister, one-third of the upper chamber of Parliament, ministers, judges, the head of the supreme court, the head of the higher administrative court, the head of the court of accounts, and the head of the constitutional court. Under this amended Constitution, the president of the republic also serves as the president of the Higher Judicial Council, and his powers are unchecked; he is unimpeachable and may dissolve the People’s National Assembly under any circumstances.

Under article 39 of the amended Constitution, torture or cruel, inhuman, or degrading treatment is punishable by law, but cruel, inhuman, or degrading punishment is neither prohibited nor criminalized. Article 44, moreover, maintains that no person shall be arrested, detained or prosecuted for reasons other those provided by the law and mandates that persons must be provided with the reason behind their arrest. It also holds that acts of arbitrary detention be punished and that pre-trial detention only be used as an exceptional measure. Although the Constitution holds that acts of arbitrary detention be punished and that pre-trial detention only be used as an exceptional measure, it falls short of guaranteeing the right of everyone “to liberty and the security of person.”

Finally, although articles 52 and 53 of the Constitution provide that freedom of assembly and peaceful demonstration are guaranteed and that the right to create associations are guaranteed and may be exercised by simple declaration, these rights are seriously limited in law and in practice. Similarly, while freedom of opinion and expression are enshrined in articles 51 and 52 of the Constitution, articles 54 and 55 state that freedom of the press must be exercised in “respect of the fundamental religious, moral and cultural values of the nation” and not infringe on “the legitimate interests of companies and the requirements of national security.”

National Laws and Regulations Affecting Sector

Relevant national legislation includes the following:

• Law amending the Penal Code (Law no. 24-06 of April 28, 2024 amending and supplementing Ordinance no. 66-156 of June 8, 1966, on the Criminal Code) [Français]: the new and amended provisions are detrimental to the exercise of fundamental freedoms in the country and disregard numerous concerns voiced by civil society actors as well as several UN bodies. Among the most problematic amendments is the expansion of the definition of terrorism under article 87 bis, which fails to align with international standards and lacks the necessary level of legal certainty. Of particular concern is the fact that individuals may be listed on a national list of terrorist persons and entities based only on “serious corroborating evidence”, in the absence of a final judgment. Other amendments will further restrict the exercise of freedom of expression and peaceful assembly. These include provisions related to undermining the morale of the military, defaming public institutions, damaging the reputation of security services, distributing content for “propaganda purposes”, and enabling the repression of “unarmed gatherings”.
• Law amending the Penal Code (Law 24-06 of 2024 amending and completing Ordinance 66-156 of June 8, 1966, on the Penal Code) [Français] [عربي]: The law reinforces a repressive legal arsenal and further limits fundamental rights in the country. One of the most controversial provisions provides for penalties ranging from five years’ imprisonment to life imprisonment for those who “divulge confidential information and documents relating to national security and/or the national economy, via social networks or to foreign countries or one of their agents”.
• Law on Associations (Law 12-06 of 2012) [Français] [عربي]: The law replaces the highly restrictive Law on Associations (Law 90-31 of 1990) [English] [عربي] [Français], 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, limits associations’ ability to receive foreign funds, imposes heavy fines and criminal penalties for members or leaders of informal associations, and fails to provide associations with an adequate remedy to appeal the rejection of their registration.
• Law on Information (Law 12-05 of 2012) [Français]: This law replaces the 1990 media law and can be used to circumscribe journalism and access to information in several major subject 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 Algerian Dinars.
• Organic law No. 23-14 on Information [Français], which came into force on August 27, 2023, contains a number of provisions that violate the right to freedom of expression. Although the law repealed any provisions contained in the pre-existing Information Code of 2012 (Law 12-05 of 2012) that contradict the new legislation, the text contains vaguely formulated standards governing the activities of journalists, stipulating they must respect “the Muslim religion, Islam in the national context, and other religions, national identity, national norms, the moral and cultural values of the nation, national sovereignty, national unity and territorial unity.” In a similar vein, the law compels journalists to refrain from publishing or disseminating “false or malicious news”, a crime already punishable with one to three years in prison under the Penal Code. Another area of concern is the ban on Algerians with dual nationality to own or hold shares in Algerian media outlets. Equally concerning, the law reiterates the existing requirement for journalists to obtain “accreditation” to work in Algeria for foreign media, and sanctions with a fine for “any person working in Algeria for a foreign media without accreditation”. In the past, the Algerian authorities have used the need for an accreditation as a way to crack down on foreign media that were deemed too critical. The new law also forbids “direct or indirect funding from a foreign entity” and subjects offenders to a fine.
• Law on the print and electronic press No. 23-19 and Law No. 23-20 on audio-visual activities [Français]: The law on the print and electronic press provide for the creation of a regulatory authority for print and electronic media, while the law on audio-visual activities amends the status of the audio-visual regulatory authority created in 2014. The latter takes precedence over any provisions contained in law No. 14-04 of  February 24, 2014 on audiovisual activities. Both texts provide that all the members of both regulatory authorities will be appointed by the President of the Republic, which raises serious concerns about their independence. They came into force in December 2023.
• Law on Public Meetings and Gatherings (Law 19-91 of 1990) [Français]: The law requires organizers of public marches and demonstrations in outdoor public spaces and thoroughfares to apply for prior authorization from interior ministry officials, eight days in advance of the event. Organizers of temporary public “gatherings” are required to notify officials three days in advance. 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.” This law extends to news conferences held in locations such as hotels.
• Ordinance on the Conditions and Rules of Practice of Faiths other than Islam (Ordinance 06-03 of 2006) [Français]: The text criminalizes religious activities not regulated by the state and requires religious faiths other than Islam to be practised only in places approved by the state. It also provides fir the establishment of a national commission on religious faiths, empowered to regulate the registration of religious associations.
• Law No. 90-14 of June 2, 1990 on the exercise of the right to organize [Français]: This law does not allow migrant workers who are regularly working in Algeria to form unions and organize. Although it provides for a declaratory procedure for the registration of unions, in practice independent unions often face the administration’s refusal to register them, creating a de facto system of approval. The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families recommended that the law be amended in their 2018 concluding observations. In 2016, the International Labor Organization recommended that Algerian authorities end the practice of preventing the registration of autonomous unions and revise section 6 of law No. 90-14 without further delay so as to “secure to all workers, without distinction as to nationality, the right to establish a trade union.” This law was replaced by Law No. 23-02 of April 25, 2023 on the exercise of the right to organize [Français]. In March 2023, the authorities passed a draft law on the exercise of the right to organize, which establishes a list of sectors deemed “sensitive” for which the right to strike may be restricted. The sectors in question could include national education, higher education, and health. The draft law also delineates the boundaries between trade unions and political practice and set out the modalities for the creation of a trade union and the conditions required for membership in one in order to put an end to “trade union transhumance”.
• Ordinance No. 21-08 [Français]. The Ordinance came into force on June 9, 2021. The Ordinance, through its article 2, introduces two new paragraphs to article 87 bis of the Penal Code, expanding the definition of terrorism to include acts aimed at “working or inciting, by any means, whatsoever, to gain power or to change the system of governance by unconstitutional means,” and “undermining the integrity of the national territory or incite to do so, by any means whatsoever.” Article 3 of Ordinance 21-08 additionally introduces article 87 bis 13 and 14 into the Penal Code, thus establishing a national list of terrorist persons and entities in Algeria, prohibiting “the activity of the person or of the entity,” placing a travel ban on listed individuals and freezing and seizing their funds and assets. Based on article 87 bis 14, individuals can be designated as terrorists in the absence of a final court judgement, in contradiction to the principle of presumption of innocence enshrined in article 14(2) of the ICCPR.
• Law No. 09-04 of August 5, 2009 regulating the prevention of and the fight against offences linked to Information and Communication Technologies [Français]
• Law No. 05-01 of February 6, 2005 on the Prevention and Fight against Money Laundering and Financing of Terrorism, modified by Ordinance No. 12-02 of February 13, 2012 and approved by Law No. 12-10 of March 26, 2012 [Français]
• Law No. 16-13 of November 3, 2016 establishing the National Council for Human Rights, its composition, and terms of appointment of its members, as well as the rules relating to its organization and functioning [Français]
• Decree Governing the Electronic Press (Decree No. 20-332). The decree came into force on November 22, 2020 following its publication in the Official Gazette [Français]. Article 5 of the Decree introduces excessive restrictions, stating that directors responsible for online news outlets must, inter alia, hold Algerian nationality, must not have been deprived of their civil and political rights, and must not have been convicted of the crimes of defamation, insult, contempt, discrimination, or hatred and incitement to such crimes. This provision is particularly concerning because the authorities regularly press such charges against individuals peacefully exercising their right to freedom of expression. Under the decree, the director responsible for an online news outlet must ensure the respect of the provisions in Law No. 12-05, which is known as the “information code” and imposes excessive constraints on the content of sharable information (Article 13). According to CSOs, the Decree will strengthen “the control of political power over freedom of expression online”.
• Ordinance No. 21-09 which also came into force on June 9, 2021, relates to the protection of administrative documents and information. The Ordinance classifies documents according to their degree of sensitivity and establishes punishments for the publishing or disclosure of classified documents. According to article 25 of the Ordinance, competent judicial police officers may also place invasive surveillance tools on individuals, without judicial oversight and authorization.
• Ordinance No. 95-11 of February 25, 1995; Law No. 01-09 of June 26, 2001; Law No. 06-23 of December 20, 2006 amended article 87 bis of the Criminal Code on the list of crimes considered to be terrorist, which has been the subject of concern since the article defines the crime of terrorism in overly broad and vague terms, allowing for prosecution of acts that should be protected as acts of freedom of expression, peaceful assembly, and association.
• Law No. 09-04 of August 5, 2009 regulating the prevention of and the fight against offences linked to Information and Communication Technologies
• Law n° 23-02 of April 25, 2023 relating to the exercise of trade union rights [Français]: This law forbids union members from participating in political activities and unions from having any ties with political parties. The law also conditions the right to strike on “not harming the principles of the continuity of public service, the protection of people’s and property’s security,” vague concepts that authorities could interpret to arbitrarily restrict strikes.
• Ordinance No. 06-01 of February 27, 2006 implementing the Charter for Peace and National Reconciliation [Français]: Article 45 rejects any complaint on violations committed during the internal conflict, including violations of jus cogens norms, as inadmissible before courts. Article 46 prescribes a penalty of imprisonment and a fine for any person who “attacks the institutions of the State,” or “impugns the honor of its officials or tarnishes its international reputation.” This article creates a climate of self-censorship and a chilling effect on civil society as it encompasses all form of criticism against state security forces for violations committed during the internal conflict.
• Ordinance No. 21-08 [Français]. The Ordinance came into force on June 9, 2021. The Ordinance, through its article 2, introduces two new paragraphs to article 87 bis of the Penal Code, expanding the definition of terrorism to include acts aimed at “working or inciting, by any means, whatsoever, to gain power or to change the system of governance by unconstitutional means,” and “undermining the integrity of the national territory or incite to do so, by any means whatsoever.” Article 3 of Ordinance 21-08 additionally introduces article 87 bis 13 and 14 into the Penal Code, thus establishing a national list of terrorist persons and entities in Algeria, prohibiting “the activity of the person or of the entity,” placing a travel ban on listed individuals and freezing and seizing their funds and assets. Based on article 87 bis 14, individuals can be designated as terrorists in the absence of a final court judgement, in contradiction to the principle of presumption of innocence enshrined in article 14(2) of the ICCPR.
• Law No. 09-04 of August 5, 2009 regulating the prevention of and the fight against offences linked to Information and Communication Technologie
• Ordinance No. 95-11 of February 25, 1995; Law No. 01-09 of June 26, 2001; Law No. 06-23 of December 20, 2006 amended article 87 bis of the Penal Code on the list of crimes considered to be terrorist, which has been the subject of concern since the article defines the crime of terrorism in overly broad and vague terms, allowing for prosecution of acts that should be protected as acts of freedom of expression, peaceful assembly, and association.
• Decree Governing the Electronic Press (Decree No. 20-332). The decree came into force on November 22, 2020 following its publication in the Official Gazette [Français]. Article 5 of the Decree introduces excessive restrictions, stating that directors responsible for online news outlets must, inter alia, hold Algerian nationality, must not have been deprived of their civil and political rights, and must not have been convicted of the crimes of defamation, insult, contempt, discrimination, or hatred and incitement to such crimes. This provision is particularly concerning because the authorities regularly press such charges against individuals peacefully exercising their right to freedom of expression. Under the decree, the director responsible for an online news outlet must ensure the respect of the provisions in Law No. 12-05, which is known as the “information code” and imposes excessive constraints on the content of sharable information (Article 13). According to CSOs, the Decree will strengthen “the control of political power over freedom of expression online”.
• Ordinance No. 95-11 of February 25, 1995; Law No. 01-09 of June 26, 2001; Law No. 06-23 of December 20, 2006 amended article 87 bis of the Penal Code on the list of crimes considered to be terrorist, which has been the subject of concern since the article defines the crime of terrorism in overly broad and vague terms, allowing for prosecution of acts that should be protected as acts of freedom of expression, peaceful assembly, and association.
• Ordinance No. 21-08 [Français]. The Ordinance came into force on June 9, 2021. The Ordinance, through its article 2, introduces two new paragraphs to article 87 bis of the Penal Code, expanding the definition of terrorism to include acts aimed at “working or inciting, by any means, whatsoever, to gain power or to change the system of governance by unconstitutional means,” and “undermining the integrity of the national territory or incite to do so, by any means whatsoever.” Article 3 of Ordinance 21-08 additionally introduces article 87 bis 13 and 14 into the Penal Code, thus establishing a national list of terrorist persons and entities in Algeria, prohibiting “the activity of the person or of the entity,” placing a travel ban on listed individuals and freezing and seizing their funds and assets. Based on article 87 bis 14, individuals can be designated as terrorists in the absence of a final court judgement, in contradiction to the principle of presumption of innocence enshrined in article 14(2) of the ICCPR.

Pending NGO Legislative / Regulatory Initiatives

On June 19, 2022, the Council of Ministers examined a draft Law on Associations that, if approved, would abrogate the 2012 Law on Associations, which currently subjects NGOs to a prior authorization procedure. The draft Law aims to create a declaratory regime for the creation of associations (thus removing the prior authorization requirement), as provided for in article 53 of the 2020 Algerian Constitution. However, at the same time, the text, if approved, would subject an association’s stated objectives to even more vague and imprecise general criteria, such as the “respect for national constants, principles, values enshrined in the constitution, national and territorial unity, the fundamentals of national identity, the symbols of the State and its institutions, national security and defence, public order and good morals.” In addition, cooperation with foreign organizations and the receipt of funds from abroad would be subject to prior clearance by the authorities. The text has been placed on Parliament’s agenda for the 2024-2025 ordinary session. In January 2025, the National Civil Society Observatory (ONSC) organized a civil society consultation on the draft law. However, the consultation’s impact is undermined by the fact that the main Algerian CSOs have been dissolved in recent years, which negatively affects CSO participation in the consultation.

The Algerian parliament is also working on a draft Law on Political Parties, which provides that a political party that fails to take part in two consecutive elections may be dissolved by court order. This is aimed at political parties that have decided to boycott elections.

Lastly, Parliament is due to examine a bill setting out the conditions and procedures for the exercise of freedom of assembly and peaceful demonstration. Freedom of assembly is currently governed by the 1991 Law on Public Meetings and Gatherings.

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

The most common organizational form for civil society entities under Algerian law is the association. The 2012 Law on Associations 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, or awqaf, are governed by separate laws and are regulated by the Ministry of Religious Affairs and Awqaf. Non-Muslim Religious Associations are governed by Ordinance 06-03 on the Conditions and Rules of Practice of Faiths other than Islam; 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 Law on Associations, 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 determine the “public utility” of an association or define the “general interest,” which leaves much to the discretion of the government in deciding on an association’s eligibility. In practice, the Algerian government does not provide any direct or indirect financial benefits, such as tax exemptions or public utility discounts, to associations.

Barriers to Entry

Despite the introduction of a notification regime in the 2020 Constitution, Algerian law still provides for mandatory registration for associations operating in Algeria, and requires prior approval from government authorities. The 2012 Law on Associations provides for between three months and six months imprisonment or a fine of 100,000 to 300,00 Algerian Dinars for being part of an association that is “not yet registered.” The Law creates numerous obstacles to formation and registration. For example:

• The Law limits those who can create, administer, or run an association to persons who are of legal age, Algerian nationals, and those eligible to enjoy their civil and political rights. In addition, a person may only serve as an executive member if he or she has not 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 Law requires a high minimum number of founding members: 10 for a local group, 15 if the group is regional, and 25 if it is national. In addition, extensive information on the founders is required with the association’s establishment documents, including the founders’ marital status, professions, residences, copies of their police records, and in the case of a national group, proof that the founders of an association come from at least 12 different regions in Algeria.
• The Law gives very broad discretion to the government to refuse to register an association. For example, the law gives the government the right to refuse registration if the purposes and goals of the association’s activities are not “in the general interest” or are contrary Algeria’s “national principles and values, public order, morality, and the laws and regulations in force.” Associations have the right to appeal a denial of registration, but 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 Law requires authorities to issue a deposit receipt when an association submits its registration documents, as well as a final registration receipt once a specified amount of time (30-60 days,+ depending on the type of group) has lapsed without the government rejecting the registration. However, in practice, authorities often ignore these obligations and withhold the receipts, leaving associations without proof of their legal existence and unable to, e.g., open a bank account or rent property.

In addition, the Law mandated that before they can legally operate all associations must resubmit their registration applications and obtain the receipt from the Ministry of Interior. Under article 8 of the Law, the creation of an association is subject to a procedure amounting to a regime of preliminary authorization. The administrative authorities are required to deliver a receipt either granting authorization or rejecting the application. This legislation left a number of associations seeking registration in legal limbo with the authorities failing to respond to registration applications. These included human rights groups such as Amnesty International’s branch in Algeria. Additionally, several Algerian human rights organizations have been unable to legally operate until this day because they have still not obtained their receipts from the Ministry of Interior, despite having submitted their applications more than five years ago.

On August 17, 2018, the Human Rights Committee raised concerns regarding the Law in its concluding observations, highlighting that “under that legislation, (a) the founding of an association is subject to an authorization procedure; (b) cooperation with foreign organizations and the receipt of funds from abroad are subject to prior clearance by the authorities; and (c) associations may be dissolved by simple administrative decision for reasons of “interference with the domestic affairs of the country or affront to national sovereignty.” Furthermore, the Committee expressed concern over numerous credible reports that the government had rejected the by-laws of organizations that existed prior to the Law, adding that this practice limits freedom of association and exposes their members to hefty penalties for “unauthorized activity.”

Barriers to Operational Activity

The 2012 Law on Associations provides that associations may engage in activities “especially in professional, social, scientific, religious, educational, cultural, sports, environmental, charitable and humanitarian” domains. However, the Law allows the government to dissolve any association that conducts activities outside of those explicitly provided for in its statutes. The Law also prohibits associations from having “any relationship […] whether organic or structural” with political parties, or receiving gifts “in any form whatsoever from them.”

As mentioned above, article 2 requires that the purpose and goals of an association be “in the general interest;” upon registration, the association must define this purpose or purposes “with precision.” Further, associations are allowed to spend money only on activities that are directly related to its purposes.

The Law permits the government to forcibly dissolve an association or suspend its activities for interfering with the “internal affairs of the country” or posing a “threat to national sovereignty.” Such vague grounds give the government excessive discretion to terminate an association, with no judicial oversight or arbitration. While the Law also requires that the authorities give an association warning to comply with the Law, in practice they often ignore this requirement. Further, most active and visible associations report interference by government authorities, including surveillance, monitoring of telephone calls, and difficulty in securing meeting spaces.

On June 29, 2022, the Administrative Court of Algiers dissolved the Algerian League for the Defence of Human Rights (LADDH) following a complaint filed by the Interior Ministry. In the judgment, the Court found that the LADDH carried out activities that were not in accordance with its statutes, which included the division of the organization into five different groups from 2005 onwards, failed to notify the competent authorities of changes to its statutes and executive body in time, and failed to provide copies of the minutes of its general assembly and annual financial reports in time in violation of the 2012 Law on Associations. The court also found that the LADDH had failed to comply with Article 23 of the same law, which required it to obtain prior approval from the authorities for the association to engage with international organizations. The decision makes reference to “the presentation of false information” to the Human Rights Council as well as interactions with the UN Special Procedures mandate holders of the Human Rights Council. Members of the LADDH reportedly found out about the decision on January 20, 2023, when the information circulated on social media. The LADDH’s Vice-Chairman lodged an appeal before the Administrative Court of Appeal in Algiers. The appeal should have been examined on January 29, 2024, but the hearing was postponed to December 9, 2024. In December 2024, the Administrative Court of Appeal upheld the dissolution of the Algerian League for the Defense of Human Rights (LADDH).

More recently, the 2012 Law on Association was also invoked against the Oran-based cultural association Bel Horizon. Known for its commitment to local heritage and the training of tourist guides, Bel Horizon contributed to the preservation of Oran’s town planning and the organisation of the Mediterranean Games. The organisation also hosted lectures on the Israeli-Palestinian conflict. In February 2023, the Oran Administrative Court dissolved the organization citing breaches of the law on associations. In early 2024, the mayor of Oran ordered the sealing of the premises.

In 2018, the Human Rights Committee expressed its concern over credible reports of “harsh police repression of strikes or demonstrations by unions, judicial harassment, intimidation and threats, including suspensions and dismissals, in particular within the civil service.” While the creation of unions is also subjected to a declaration-based system of registration, in practice this system functions de facto as an authorization-based one. On March 7, 2023, Parliament adopted law No. 23-02 on the exercise of trade union rights that forbids union members from participating in political activities and unions from having any ties with political parties. The law also conditions the right to strike on “not harming the principles of the continuity of public service, the protection of people’s and property’s security,” vague concepts that authorities could interpret to arbitrarily restrict strikes.

Moreover, the Ordinance 06-03 of 2006 concerning the conditions and rules governing the practice of faiths other than Islam imposes a number of administrative requirements on non-Muslim religious associations, which oblige them to register places of worship and limit worship to registered sites. The law also criminalizes proselytizing among Muslims on behalf of other faiths and dissemination of materials aimed at “shaking the faith of a Muslim.”

Barriers to Speech / Advocacy

There are multiple restrictions on the ability of associations to publicly express themselves. Law No. 12-06 on associations contains provisions that are restrictive and subject an association’s stated objective to vague and imprecise general criteria, such as the “public interest” and “respect for national values” and “principles.”

In addition, Law on Information No. 12-05 requires all publications to have prior approval by a media regulatory authority, which, among other things, limits associations’ ability to conduct advocacy through written materials.

In addition, Law on Information No. 12-05 requires all publications to have prior approval by a media regulatory authority, which, among other things, limits associations’ ability to conduct advocacy through written materials.

Presidential decrees have also criminalized speech concerning certain topics, such as Ordinance 06-01 concerning the implementation of the Charter for Peace and National Reconciliation, which sanctions anyone who criticizes the conduct of security forces during the internal conflict of the 1990s. Article 46 of the Ordinance prescribes a penalty of imprisonment and a fine for any person who attacks the institutions of the state party, impugns the honor of its officials, or tarnishes its international reputation. This provision creates a chilling effect and a climate of self-censorship especially detrimental to members of associations of victims of enforced disappearances committed during Algeria’s “dark decade” seeking truth and justice.

The Penal Code also contains numerous provisions that restrict freedom of association and freedom of speech. The offenses of defamation or insults against civil servants or state institutions are still being used to impede the work of civil society actors.

There has also been significant abuse of anti-terrorism legislation. After 2021, in order to enforce Ordinance No. 21-08, which broadened the definition of terrorism and provided for the establishment of a national list of terrorist persons and entities, the first terrorism list was published in the official gazette in February 2022. It includes the Rachad movement and the Movement for the Self-Determination of the Kabylie region (MAK) as well as 16 alleged members of both organizations. At the same time, the authorities also continued to resort to terrorism charges to prosecute individuals exercising peacefully their fundamental freedoms.

Notable cases include the following:

• On November 16, 2024, the Algerian authorities arrested French-Algerian novelist Boualem Sansal, who was later accused of “undermining the integrity of national territory” under article 87 of the Penal Code.
• On August 24, 2021, Karima Nait Sid, co-president of the World Amazigh Congress, which defends the rights of the Amazigh ethnic group, was arrested and charged with “undermining national unity and state security and membership of a terrorist organisation.” Several weeks later she was sentenced on appeal to a three-year prison sentence and was released on September 1, 2024 after serving her sentence.
• On October 17, 2021, the First-Instance Tribunal of Adrar convicted environmental activist Mohad Gasmi to five years in prison for “glorification of terrorism” for a Facebook post. His sentence was reduced on appeal to two years in prison on June 9, 2022. On April 14, 2022, he was also sentenced to three years in prison for the charge of “sharing confidential information without the intent of treason and espionage”. The judgment was upheld on appeal on June 30, 2022. He was initially arrested on June 14, 2020 and charged with “praising terrorism” in relation to two of his Facebook posts. In the first post, he called on the Algerian army to “serve the people” during the COVID-19 pandemic. In the second post, he claimed that the state was responsible for the armed movement in southern Algeria, the Mouvement des Enfants du Sud pour la Justice (MSJ), because of the government’s continued marginalization of people living in southern Algeria. He was released on November 1, 2024, following a presidential pardon.
• On February 18, 2022, human rights defender Zakaria Hannache was arrested before being charged with “praising terrorism” and “undermining national unity” based on the documentation work he was carrying out on arbitrary arrests and prosecutions since 2019. On March 31, 2022, Hannache and 70 other prisoners of conscience were temporary released pending their trial.
• On March 24, 2022, Spain deported whistleblower Mohamed Benhalima to Algeria, despite the risks of torture and serious human rights violations he faces in his country. In 2021, Benhalima was sentenced in absentia to 20 years in prison for charges including “participation in a terrorist group” and “publishing fake news undermining national unity” on the basis of articles 87 bis 3 and 196 bis of the Penal Code. Benhalima is a former army corporal, who exposed corruption among Algeria’s high-ranking military officials in 2019. He sought asylum in Spain after receiving information that his name was on a list of wanted military officials at risk of detention by the Algerian army. His asylum application was rejected and Spanish authorities-initiated expulsion proceedings on the basis of Benhalima’s alleged association with political opposition group Rachad.
• Kaddour Chouicha, Jamila Loukil, and Saïd Boudour, former members of the dissolved Algerian League for the Defence of Human Rights (LADDH), were tried for terrorism charges in December 2023. Although acquitted, the prosecutor appealed the decision. Since then, their appeal has been postponed several times. Barring another postponement, their appeal was due to be heard on February 26, 2025.
• Mohamed Tadjadit, known in Algeria as the “poet of the Hirak”, was arrested on January 29, 2024, before being prosecuted for “apology and incitement to terrorist acts”, “use of communication technology to support terrorist activities and organisations and the voluntary or involuntary dissemination of his ideas”, under Articles 87 bis 12 and 87 bis 4 of the Penal Code. Between 2019 and 2022, he was detained four times in four separate cases relating to his participation in peaceful protests or exercising his right to freedom of expression and assembly. In the case relating to his latest arrest, his trial was scheduled for July 18, 2024, but was postponed on the same day to the next criminal session, in October 2024. On November 1, 2024, he was provisionally released under a presential pardon. On January 16, 2025, however, he was arrested again in another case before being tried and sentenced to 5 years in prison.

Consistent with the above examples, in January 2022, blogger and reporter Merzoug Touati was sentenced to a year in prison over his social media comments. Finally, on June 7, 2022, the director of the Algerian radio station Radio M and of the website Maghreb Emergent, Ihsane El Kadi, was sentenced to six months in prison. He was tried following a complaint filed by a former Minister of Communication in relation to an article published on the Radio M website about the Rachad movement and the Hirak protests. He was charged with “disseminating false information”, “disrupting elections”, and “reopening the issue on the national tragedy”. He is also being prosecuted before the court of Larbaa Nath Irathen in Tizi-Ouzou in another case for “belonging to a terrorist group.” He was again arrested on December 24, 2022 and placed in pretrial detention over illegal funding charges on December 29, 2022. On April 2, 2023, the Sidi M’Hamed court in Algiers sentenced Ihsane El Kadi to five years in prison, including two years on probation. More than two months later, on June 18, 2023, his sentence was increased by the Algiers Court of Appeal to seven years in prison, including two years on probation. On June 18, 2023, his sentence was increased by the Algiers Court of Appeal to seven years in prison, including two years on probation. His sentence was upheld by the Algerian Supreme Court in October 2023. He was finally released under a presidential pardon on November 1, 2024. Both Radio M and Maghreb Émergent were forced to cease operations on June 19, 2024 after the Algiers Court of Appeal ordered the dissolution of Interface Médias on June 13, 2024. The reasons for this are still under seal.

As for the right to receive and impart information, the Algerian authorities have continued their annual practice of shutting down the internet during national school exams to prevent students from cheating. The first disruptions were reported in 2016 and have occurred every year since, including in 2022. Such measures disproportionately affect millions of internet users in Algeria, especially those whose work and livelihoods rely on social media and the internet.

In the run-up to the presidential elections scheduled to be held on September 7, 2024, the Algerian authorities maintained their repression of civic space by continuing the crackdown on human rights, including the rights to freedom of expression, peaceful assembly and association. In summer 2024, the authorities harassed and intimidated activists from the political opposition. On August 6, 2024, for example, political activist Yacine Mekireche, who is a member of the suspended political party, the Democratic and Social Movement (MDS), was arbitrarily arrested in relation to his social media posts on Facebook. Fethi Ghares, who is the former coordinator of the MDS, was also arrested on August 28. He was later charged with “contempt of the president” and “dissemination of false information and hate speech through publications on social networks”. Although he was released on bail the next day, he was charged with “contempt of the president” and “dissemination of false information and hate speech through publications on social networks”. At least 60 political activists, most of whom are from the political party the Rally for Culture and Democracy (RCD), including its chairman Atmane Mazouz, were also arrested on August 20. In this context, the terms of the judicial supervision of Karim Tabbou, who is a political activist and president of the unregistered Democratic and Social Union (UDS) party, were also restricted further such that he lost the right to publish political comments or take part in debates. He was placed under judicial supervision in May 2023 after taking part in a TV show with former Tunisian president, Moncef Marzouki.

Finally, the authorities are increasingly resorting to arbitrary travel bans, known in Algeria as ISTN, to target civil society activists, opposition political party leaders, journalists, unionists, and other people deemed critical of the government. The arbitrary bans are often implemented without formal notice, unlimited in time, and almost impossible to challenge. This practice prevents individuals from leaving the country, violates their right to freedom of movement and undermines the rights to freedom of association, assembly, and expression. The Algerian authorities the practice based on Article 36 bis 1 of Ordinance No. 15-02 of 2015, on the Code of Criminal Procedure, which states that “the public prosecutor may, for the purposes of an investigation, on the basis of a reasoned report by a judicial police officer, order a ban on leaving the country on any person against whom there is evidence of probable involvement in a felony or an offence.”

Barriers to International Contact

The Law on Associations requires associations to secure approval from the Ministry of the Interior before entering into a “cooperation agreement” with any international entities. (Under the previous law, associations needed prior approval only in order to join an international organization as a member, not to carry out “cooperation agreements.”) This requirement gives the government broad discretion to restrict different forms of cooperation between Algerian and international associations, and among other things, limits associations’ ability to receive foreign funding and coordinate projects with their peers in the international community. High-ranking government officials have publicly criticized international NGOs and warned civil society against holding meetings with foreign missions that “undermine the country’s internal affairs.”

Foreign associations are allowed to operate in Algeria, but their authorization may be suspended or withdrawn if the Interior Ministry deems their activities “likely to affect the national sovereignty, the established institutional order, the national unity or integrity of the national territory, public morality and order, or the national values of the Algerian people.” They may likewise be de-authorized for carrying out activities outside those provided for in their statutes. 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.

Lastly, Algeria has been mentioned in five reports of UN Secretary-General for intimidation and reprisals against those who cooperate with the UN in the field of human rights, since 2017, including the 2023 report (A/HRC/54/61); the 2020 report (A/HRC/45/36); 2019 report (A/HRC/42/30); 2018 report (A/HRC/39/41); and 2017 report (A/HRC/36/31). The concerns of the Secretary-General came after reports were submitted to the Human Rights Committee in July 2018 about government reprisals against CSO members for having cooperated with the Committee (see CCPR/C/DZA/CO/4, para. 8 (b)).

Barriers to Resources

Article 53 of the 2020 Algerian Constitution provides that “the right to create associations is guaranteed. It is exercised by simple declaration.” While the introduction of a notification, or “declaration,” system in the Constitution is a positive development, Law No. 12-06 of January 12, 2012 on associations is still not fully consistent with the provisions of article 22 of the ICCPR. Under that law, the founding of an association is subject to an authorization procedure whereby cooperation with foreign organizations and the receipt of funds from abroad are subject to prior clearance from the authorities, and associations may be dissolved by a simple administrative decision for reasons of “interference with the domestic affairs of the country’ or “affront to national sovereignty”. The authorities have yet to pass a law aligned with both the Constitution and international human rights law.

Article 30 of the Law 12-06 on associations states that “apart from duly established cooperation relations”, associations are prohibited from receiving donations, subsidies or any other contribution from any “foreign legations or non-governmental organizations”, and that such funding is subject to prior approval by the competent authority, thereby depriving associations of sources of funding vital to their survival.

Penal Code amendments that came into force on April 29, 2020 created a new criminal offense that may be used to restrict funding for civil society leaders and organizations. Law No. 20-06 introduced article 95 bis, which sanctions with “imprisonment of five to seven years and a fine of 500,000 to 700,000 Algerian Dinars, anyone who receives funds, a gift or an advantage, by any means, from a State, an institution or any other public or private body or from any legal or natural person, inside or outside the country, to carry out or incite to carry out acts likely to undermine the security of the State, the stability and normal functioning of its institutions, national unity, territorial integrity, the fundamental interests of Algeria or public security and order.”

The same provision additionally doubles the penalty when the funds are received “within the framework of an association, group, organization or agreement, regardless of is from or name.”

Article 95 bis thus provides the authorities with excessive power to prosecute activists and human rights defenders receiving foreign funding if they consider that their peaceful advocacy activities undermine the “normal functioning of institutions” or “national unity.”

On February 7, 2023, the President promulgated Law No. 23-01 amending and supplementing Law No. 05-01 on the prevention and combating of money laundering and terrorist financing. The law provides that associations must “refrain from receiving any donations or grants considered by law as a crime or misdemeanor, from natural or legal persons or organisations or bodies involved, inside or outside the territory of the Republic, in activities related to terrorist offences”. Considering the broad scope of terrorist offenses listed in the Penal Code, this law further impedes Algerian NGOs, as the authorities could easily consider that they receive funds from natural or legal persons involved in “terrorist offences”.

Lastly, in April 2021, the Algerian authorities arrested several members of the cultural association SOS Bab El-Oued, including its president Nacer Meghnine and relied on the new provisions of the Penal Code introduced by Law No. 20-06. They then charged them for receiving “foreign funding” and “subversion.” On September 26, 2021, Meghnine was sentenced to eight months in prison and on November 14, 2021, his sentence was increased on appeal to one year in prison. He was finally released in April 2022.

Barriers to Assembly

Lack of Legal Protections

Algeria’s 2020 Constitution protects the freedom of assembly in Article 52, which states, “[t]he freedom of expression, association, and assembly is guaranteed.”

However, repressive assembly legislation, in combination with harsh decrees and an ongoing state of emergency from 1992 to 2011, have restricted Algerians’ ability to assemble. In 1991, Parliament amended and supplemented Law No. 89-28 of 1989 on Public Meetings and Demonstrations, narrowing the right to assemble and conduct meetings. The resulting law (Law No. 91-19) continues to regulate freedom of assembly in Algeria. A 2001 ban on all demonstrations in Algiers, enacted after a violent confrontation between protesters and police in the capital city, also remains in effect. In April 2015, for instance, police prevented a public march led by retirees and pensioners from entering Algiers to demonstrate in front of the Presidency.

According to Article 9 of Law No. 91-19, gatherings that “oppose national fundamental principles” or harm the “symbols of the revolution of November 1 [1954], the public order or public morals” are prohibited. This subjects people who participate in unauthorized demonstrations to possible prison sentences ranging from three months to a year or fines, or both.

Further, a state of emergency was imposed by presidential decree in 1992, enabling a crackdown on demonstrations and anti-government protests which were becoming widespread and occasionally violent at that time. The state of emergency was continually extended pursuant to legislative orders, until February 23, 2011, when it was finally lifted. Nonetheless, authorities continue to prohibit and crush demonstrations pursuant to Law 91-19 and the 2001 decree.

Vague Provisions

Law No. 91-19 prohibits any meeting or demonstration that “opposes national fundamental principles” or that harms “the symbols of the revolution of November 1, the public order or public morals.” Such vague language allows the government excessive discretion in forbidding an assembly based on its objectives.

Advance Notification

Law No. 91-19 requires that organizers of “public gatherings” notify the government at least three days prior to the gathering (articles 5, 15). The Law defines “public gatherings” as “temporary rallies of people, agreed upon beforehand and organized outside public roads in a closed place that is easy for people to join. Its purpose is the exchange of ideas or the defence of joint interests.” Authorities may prohibit the gathering with no obligation to explain their decision.

The Law distinguishes “public demonstrations,” which it defines as “processions, parades, or gatherings of people in a public manner, and all demonstrations that go through public roads.” For public demonstrations, the law requires that organizers request approval from the governor eight days before the demonstration’s planned date. The governor must make a decision, accepting or refusing the request, at least five days before the date set for holding the demonstration.

Appeals against administrative decisions in general are subject to articles 800 and 801 of the Civil and Administrative Procedure Code. Organizers of an assembly can thereby appeal a negative decision to an administrative court. However, groups have reported that, in practice, the authorities often wait until the last minute to notify assembly organizers of a refusal, giving them no time to appeal the decision to a court before the assembly’s start date.

On May 9, 2021, the Ministry of the Interior declared in a statement that any demonstration in Algeria will henceforth be prohibited if it does not benefit from a prior authorization, which will be issued only on the condition that the organizers communicate their identity as well as the start and end times of the gathering. Such restrictions are already contained in Law No. 91-19. However, the statement also mandates that the organizers must disclose the slogans that will be displayed during the demonstration.

Content Restrictions

Law No. 91-19 prohibits, “in any gathering or demonstration any prejudice towards national constants, or to the symbols of the November 1 Revolution, public order, or public morals.” The Law does not provide further definition for these terms.

On May 9, 2021, the Algerian Ministry of Interior declared in an official statement that “organizers of marches are required to declare to the competent services the names of those responsible for organizing the march, the times of its start and end, the route, and the slogans to be raised in accordance with the law.” Two days later, on May 11, 2021, the Spokesperson for the UN High Commissioner for Human Rights mentioned “sustained reports of unnecessary and disproportionate force against peaceful protesters, as well as continuing arrests.” In a briefing note, the spokesperson explained that “the authorities have continued to block access to meeting points for demonstrations; hundreds of protesters or anyone alleged by security forces to be a demonstrator are being arbitrarily arrested. Some protestors were reportedly detained and later released after being forced to sign a document promising to cease participating in protests.” On May 14, 2021, the Algerian authorities also arrested at least 16 journalists covering demonstrations in downtown Algiers before releasing them the next day.

Criminal Penalties

Law No. 91-19 imposes possible imprisonment and fines for participation in an illegal assembly. Article 23 states that “[a]nyone found responsible for participating in the organization of an unauthorized demonstration will get either a prison sentence ranging from three months to a year, a fine between 3,000 and 15,000 Algerian Dinars, or both.”

Articles 97 of the Penal Code prohibits “unarmed gatherings” while article 98 provides that “any unarmed person shall be punished by imprisonment of two months to one year who, who is part of an armed or unarmed gathering and does not abandon it after the first summons. The imprisonment is from six months to three years if the unarmed person continued to be part of an armed of an armed gathering that has only dissipated in the face of the use of force.”

Regarding “incitement to unarmed gathering”, article 100 of the Penal Code provides that “any direct provocation to an unarmed assembly either by speeches made publicly, or by writings or printed materials posted or distributed, is punishable by an imprisonment of two months to one year, if it was followed by effect, if not, by an imprisonment of one to six months and a fine of 2,000 to 5,000 Algerian Dinars or of one of these two penalties only.”

Blanket Bans on Demonstrations

While the decree installing the blanket ban on assemblies in the capital has not been published, the authorities admitted during the state’s periodic review before the UN Human Rights Committee that there was a general ban in the capital, stating that the necessities of public order and the fight against terrorism justified the ban (Replies to the list of issues, March 14, 2018, UN. Doc CCPR/C/DZA/Q/4/Add.1). In practice, Algerians living in Algiers have faced special restrictions aimed at precluding them from exercising their right to peaceful assembly because since 2001, all demonstrations have been indefinitely banned in the capital, with the law being consistently enforced. Such restrictions have been implemented under the Presidential Decree of June 18, 2001, although the decree was never published.

In addition, since February 2019, with the rise of the Hirak movement, the authorities have also resorted to thwarting protests across the country and detaining participants, including journalists, such as Khaled Drareni, who was sentenced to two years in prison for reporting on the demonstrations. On March 17, 2020, President Abdelmadjid Tebboune also banned all protests, marches, demonstrations, and other mass gatherings due to the COVID-19 pandemic, bringing an end to the weekly Hirak anti-government protests that had continued for more than a year.