EXECUTIVE SUMMARY economic, social and cultural rights afforded by Algeria‟s legal framework. It also noted that the restoration of peace and national reconciliation was accompanied by formal reaffirmation of civil and political rights guaranteed by the Constitution and a number of other laws concerning freedom of expression, association and assembly. While Islam is the state religion, freedom of conscience and freedom of worship are equally entrenched and the state affords the same protection to the other religions as it does to Islam. Freedom of the press is effectively guaranteed (with Algeria having almost 130 publications, including 43 daily newspapers). 3.9 Nonetheless, special attention should be paid to complaints about the “media clampdown” and the excesses of certain elements of the security forces, who sometimes act contrary to the law or in flagrant violation of human rights. This is notwithstanding the need to contain permanently the terrorist aggression that is regaining momentum. Consequently, both government and civil society need to pay more attention to the indivisibility of human rights. The same goes for guaranteeing the right to peace, as conditioned by social justice, democracy and sustainable development. 3.10 With regard to the separation of powers, although the CRM emphasised, with interest, the constituent‟s need to enshrine and guarantee the independence of the judiciary, the fact remains that movement from one function to another and from one jurisdiction to another is by appointment of the President of the Republic, on the advice of the Higher Council of the Magistrature (CSM), over which he presides and which is co-chaired by the Ministry of Justice. The functional independence and effectiveness of parliament also attracted some comments and reservations. The President has the power to legislate, by order and without the prior authority of the Popular National Assembly (APN), even on financial matters. In addition, the Senate (Conseil de la Nation) has the authority to block laws from being passed, given that a four-fifths majority is required to approve laws passed by the upper chamber. (It is noted that one third of the members of the Senate are appointed directly by the President.) 3.11 The CRM also noted effective interference with the legislative and executive branches, resulting in a blurring of responsibilities of members of parliament and the President, all of them elected representatives. In effect, even though he is elected by the entire nation, the President cannot impose his political programme without the support of the presidential and parliamentary majority. Should political cohabitation with a prime minister from a different political side ever become necessary, there would probably be institutional conflicts with deleterious repercussions for political governance. 3.12 Public service reform is under way. It is interesting to note that information and communication technologies and “e-governance” have been introduced, while the new statute aims to develop a modern, efficient and responsible administration. While conserving the career system for public servants, this statute reserves an important place for employment through a contractual system that has been revised and adapted to the functions of the public 9

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