CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
114.
As far as self-assessment in relation to democracy and political governance is
concerned, Algeria carries out regular consultations based on rigorous and
transparent principles, as well as open debate on institutions and the major
areas of reform: the judiciary, national education, and state missions and
structures.
115.
The CSAR also indicates that Algeria has no real tradition of opinion surveys
being carried out other than by state institutions. The country does not have
appropriate mechanisms for their systematic implementation. Nonetheless,
surveys are carried out, notably by the press and university institutions, and
the authorities are showing increasing interest in promoting such activities.
Surveys allow the impact of the state‟s economic and social development
polices on the population to be measured accurately so that the necessary
changes and resulting needs can be anticipated. Current development in the
country will favour the use of surveys in various areas of national activity. It is
therefore necessary for appropriate legal mechanisms to be put in place.
ii.
Findings of the CRM
116.
The CRM‟s meetings with institutions and other stakeholders revealed that
Algeria has signed and ratified most of the African and international legal
instruments. Their ratification has taken the form of presidential decrees and
regulatory Acts, which facilitate their immediate and direct implementation.
Implementation also seems to have been made easier by the country‟s human
and institutional capacity in this area. Opinion surveys on this topic in January
and February 2007 indicate that over 63 per cent of the Algerians surveyed
believe that the authorities are taking adequate steps to comply, and ensure
compliance, with the international standards to which Algeria adheres.
117.
It is nonetheless necessary to note that certain international legal standards that
are fundamental to the promotion and protection of the rights of women, such
as the Protocol to the African Charter on the Rights of Women arising from
the Peking platform, have been ratified with reservations. The explanation
provided for the nature of this reservation relates to the right to choose the
domicile and parental affiliation of children. These reservations could be
reviewed in the light of the amendment of the Code on Nationality granting
nationality to the children of Algerian mothers.
118.
At the time of the discussions with stakeholders, the CRM was informed that,
on 20 December 2000, Algeria had signed the Convention of the International
Criminal Court (ICC), which is charged with passing judgment on the authors
of genocide, crimes against humanity and war crimes. The CSAR makes no
reference either to the signature of this document or to its ratification, which
would entitle the accused to invoke it before a competent national jurisdiction,
or any other citizen, who is the victim of one of these categories of crimes, to
refer the matter to the ICC for justice and reparation.
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