EXECUTIVE SUMMARY
the CRM observed that public corporations and large private corporations
generally comply with existing laws on the protection of labour law, social
responsibility towards the society they operate in, and the implementation of
environmental standards. By contrast, many SMEs – most of them familyowned businesses – are less sensitive to these values, except as concerns their
contribution to Zakat. Generally, mechanisms for resolving conflicts within
these corporations are very effective. However, ordinary courts lack sufficient
human resources to handle trade disputes.
3.43
The promotion of the adoption of codes of good business ethics in achieving a
corporation‟s objectives is affected by the nature of Algerian corporations. The
CRM noted that, due to almost 90 per cent of Algerian corporations being
privately owned, and to rapid changes instituted by the transition to a market
economy, Algerian entrepreneurs have fallen prey to corruption and fraud. The
problem has been aggravated by the existence of an informal sector that
controls about 30 per cent of all trade, especially as many corporations in the
formal sector do not invoice their supplies and do not belong to a professional
association. Both the CSAR and several stakeholders reported cases of
corruption, collusion in the awarding of tenders and massive embezzlement of
public and private assets. Non-compliance with the code of ethics is a serious
problem in Algeria. The authorities are mindful of this and have introduced
draconian measures to combat the problem, but these will not be successful
without the participation of the corporations themselves.
3.44
In terms of ensuring transparency and equity among their business partners,
most Algerian corporations have not yet developed adequate internal systems
for providing information to their trading partners or shareholders. Again, the
informal or almost totally family-owned nature of the majority of corporations
is to blame. The provision of financial information, even for shareholders, is
rare, except in the case of public corporations, where oversight by the
supervisory authority is highly developed. Most of the shortcomings observed
are due to the dearth of qualified accountants. Consumer associations are not
adequately equipped to protect their right to have access to information on the
quality of products offered or sold to them.
3.45
As regards the accountability of corporations, their directors and management,
the legislative and regulatory texts governing public and private corporations,
including the Commercial Code, spell out the duties of corporate structures
vis-à-vis their shareholders. The CRM, however, noted that many heads of
public corporations claim the right to take management decisions without risk
of criminal sanctions for mistakes made in the daily management of the
corporation when these decisions are taken in good faith.
3.46
On the basis of these findings, the APR Panel would recommend, specifically:
(i) rapid implementation of the most strategic reform measures, especially in
the banking and finance sector; (ii) strengthening of measures relating to social
security for employees, guaranteed minimum wages and the implementation
of training programmes more suited to the employment market; (iii) provision
of greater assistance to the different industries, enabling them to upgrade, and
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