CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
proof of the efforts the authorities have made to eliminate, or at least reduce,
discrimination against women in certain spheres.
323.
However, despite these efforts and the astonishing progress recorded in many
areas, there are still gaps. The many problems and constraints mentioned in the
CSAR were confirmed and expanded on by the participants the CRM met at
workshops and during consultations in Algiers and the various wilayas, as well
as by reports in the media and those published on the Internet. These gaps
relate to full adherence to international norms and their integration into the
internal legal system; the conformity of legislation to the Constitution; the de
jure and de facto situation; the right of women to employment; the matter of
violence against women; access of women to decision-making positions; and,
finally, to the institutional mechanisms responsible for promoting women.
324.
Concerning adherence to international and regional treaties, there is first
the issue of the reservations recorded with regard to the CEDAW, which have
not been lifted and thus make adherence to this instrument rather meaningless.
These reservations in regard to sections 2, 9, 15 and 16 of the Convention
persist despite changes made to the Nationality and Family Codes. Moreover,
Algeria has not yet ratified the Supplementary Protocol to the Convention on
Elimination of all Forms of Violence against Women, or the special African
instrument on the matter, which is the Supplementary Protocol to the African
Charter on Human and Peoples‟ Rights, relating to the Rights of Women.
325.
There is non-alignment between the egalitarian provisions of the Constitution
and legislation. The Family Code serves as an example of this inconsistency.
Although acknowledged by the Constitution as citizens with the right to vote,
hold elected office, hand down legal decisions and manage public services,
Algerian women do not benefit fully from these rights in the private sector.
The reform of the Family Code, which some believe to be a significant step
towards eliminating discrimination, is considered insufficient by those calling
for the total abolishment of the Code, which they criticise as being obsolete
and contrary to international instruments on human rights. The provision for
the presence of a guardian (the Wali) during the marriage ceremony maintains
the minority status of women in relation to men. “I have constitutional rights
and here I am, they tie me down, hamper me with the presence of a guardian.
As I can vote without having my father stand behind me, I cannot enter into a
marriage contract without him having a say about my decision. And if he
refuses to accompany me to the town hall, what will I do? Must I fall back on
the corner grocer?” (Comments made by Mme Nadia Ait Zai, jurist and
activist for the abrogation of the Family Code, quoted in the daily newspaper,
El Watan, on 8 March 2005). Together with the guardianship institution,
considered a symbol of the infantilisation of Algerian women, polygamy (to a
maximum of four wives) is also maintained, although subject to the prior
consent of the wife and of the judge charged with establishing reality of
consent in this regard. Equality in the area of guardianship and parental
authority, as well as in divorce, is not yet accepted.
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