EXECUTIVE SUMMARY
supremacy of the Constitution and is developing a jurisprudence to ensure that
legislation conforms to the Constitution and that the people have a sovereign
right to choose their representatives. However, membership of the elected
assemblies and the higher echelons of administration is not always a fair
representation of the complexity of the country‟s geographical, linguistic and
sociocultural diversity, with low representation of women, young people,
intellectuals and sociological groups.
3.5
The modernisation of the justice system is a very positive initiative and the
practices that will devolve from it will no doubt contribute effectively to the
definitive consolidation of a constitutional state. Equitable access to justice by
all citizens is guaranteed by the Constitution and legal aid is available to any
person or association unable to afford the cost of justice. Legal fees are
moderate and the widespread decentralisation of (administrative and judicial)
jurisdictions guarantees the location of a court within easy reach. There are
services to assist those appearing in court and cases of violation are regularly
dealt with by the courts. Alternative dispute resolution measures are in place to
avoid problems associated with lengthy procedures and delays in decisions
handed down by the courts. Over the past few years there has also been
remarkable progress in ensuring human rights for prisoners.
3.6
Territorial decentralisation is one of the most hotly debated issues. Even
though the Constitution stipulates that “the elected assembly shall be the seat
of decentralisation and the forum in which citizens participate in the
management of public affairs”, the powers of these assemblies appear to be
counterbalanced by the heavy involvement of the deconcentrated authorities.
They represent the state (notably, the Wali, the head of the wilaya or province,
and the heads of daïras or counties) and are accountable solely to the head of
state and government. As a result, decentralisation assumes more the aspect of
participatory deconcentration. This is especially true for the wilaya, whose
Wali is head of the executive.
3.7
The involvement of civil society in managing public affairs constitutes one of
the major challenges to democracy, and its development has been remarkable.
The low representation of the majority of associations and the weakness of
their institutional capacity nonetheless need to be highlighted.
3.8
The situation regarding human rights has been positive over the past few
years. Economic, social and cultural rights are adequately covered by Algerian
law. The principle of equality is entrenched in the Constitution, as are the
major economic, social and cultural rights, including equal access to
employment and to state functions, and the right to employment, education
and health. The exercise of these rights is effective as regards freedom of
association, the right to organise strikes, compulsory education for children
from 6 to 16 years, protection and promotion of health, access to housing with
priority shown to underprivileged sections of society, the right to cultural
identity, and so forth. Special mention must be made of the right to education
for all, which is underpinned by free education in public schools up to tertiary
level. The CRM was generally satisfied with the recognition of the main
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