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 8

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