CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
207.
The protection of human rights in prisons has improved considerably over the
past two years. Current reform of the justice system integrates a new code on
penitentiary organisation and the social reintegration of prisoners, which is the
object of Act 05-04 of 6 February 2005. This Act provides for more humane
conditions of detention and focuses on re-educating and socially reintegrating
prisoners, including allowing a medical visit after 48 hours of police custody,
the right to receive visits and communication, easing the disciplinary regime,
access to educational, cultural, recreational and sporting activities, medical
and psychological visits upon entering and leaving prison, and special care in
the case of minors and women.
208.
Initial assessment of the application of this Act reveals that, out of 11 230 who
benefited from the educational programme, 234 detainees obtained a BA
degree and 259 a basic teaching certificate, whereas 2476 detainees benefited
from the re-education and reintegration programmes. In addition, construction,
extension and rehabilitation work on penitentiaries has been undertaken to
ensure that they conform to international codes and standards.
209.
Alternative mechanisms for settling disputes do exist, which means that many
of the delays and constraints associated with court procedures can be avoided.
Such mechanisms will also be improved under the current reform of the justice
system. Provision has been made in the draft code of civil and administrative
procedure for recourse to conciliation, arbitration and mediation, among other
things.
ii.
Findings of the CRM
210.
Economic, social and cultural rights. The CRM observed that these rights
lay at the heart of the concerns and current strategies of the government.
Algeria opted to develop a democratic and social republic after independence,
which means that the state has assumed responsibility for providing social
services for all based on the principle of equality of rights and duties.
211.
The government has given priority to access to free education for all children
between 6 and 16 years of age. In the light of discussions with stakeholders, it
is important to acknowledge the significant efforts of the government to
guarantee the effectiveness of the right to education. This is the main focus of
Chapter Six (see infra).
212.
The effectiveness of the right to health is represented by access to health care,
based on the principle of free access or third-party payment, whichever is
applicable, to public hospital services, as set out in Chapter Six of the present
report. The problem is whether such a policy can be sustained in the long term.
213.
It is clear that ensuring access to affordable accommodation for all citizens is a
Herculean task but one that the state considers a priority. This is the reason for
the impressive efforts deployed in various communes and wilayas to achieve
this objective. Needs of this kind are certainly enormous, largely due to delays
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