23. Algeria has put in place judiciary mechanisms to guarantee, both the citizens’
rights, and also to ensure an autonomous decision making process for the judiciary.
To this end, the judiciary revolves around three pillars: Courts of First instance,
Appeal Courts and the Supreme Court. In addition, there are administrative courts and
a Council of State (Conseil d’Etat), as well as a Conflicts Court in charge of settling
admissibility conflicts between the Supreme Court and the Council of State.
24. The Algerian constitution has given an important status to freedom of association
for the defence of human rights. This freedom, provided in article 41, applies to the
protection of some specific rights such as women’s rights, children’s rights, rights for
sick people, disabled persons, customers and users of public services.
2. Non constitutional mechanisms
25. Non-constitutional mechanisms pertain to structures created for the protection
and promotion of human rights, which are included in non-constitutional provisions.
26. The National Advisory Commission on the Promotion and Protection of Human
Rights (CNCPPDH) was created on 9 October 2001 and is hosted by the President of
the Republic. It is composed of 44 members including 16 women. It is an independent
body with consultative, monitoring, early warning and evaluation remits in terms of
compliance to human rights. The Commission undertakes any appropriate action in
this area and carries out awareness raising actions, information and communication
for the promotions of human rights. It expresses opinions on the national legislation
for its improvement. The Commission develops an annual report on the state of
human rights, which it submits to the President of the Republic.
27. Equally, the freedoms of opinion and expression are essential mechanisms for
monitoring human rights promotion and protection, and they act as counterweight. The
Information Act no. 12-05 guarantees their implementation.
28. There are currently fifty two (52) daily newspapers including only six (6) from the
public sector, with an average daily print of about 1.7 millions copies. Concerning the
weekly newspapers, ninety -eight (98) newspapers have been recorded with a global
average of 2,3 millions copies and forty three (43) other periodicals, bi monthly or
monthly newspapers/magazines, with 275 000 copies printed.
29. Finally, the modalities of the implementation of rights pertaining to trade union
are provided in the Act no. 90 – 14 of 2 June 1990. There are fifty- seven en (57)
organisations protecting categorical or corporatists rights who claim to cover 2.5
millions workers, and twenty- three (23) employers’ organisations including three (3)
confederations.
B. Legal Framework and concrete measures
30. The legal Framework ruling the implementation of human rights in Algeria is
based on the Constitution, international treaties, authority acts and laws.
31. The 1996 Algerian Constitution, amended in 1998, which enshrines rights and
freedoms in its chapter IV, establishes these principles as constitutional principles.
These principles are also included in international treaties on human rights to which
Algeria is party.
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