Recommendation No. 17: “Provide data on indigenous populations in Algeria, including their situation as well as recognition and respect for their rights” 67. In Algeria, there are no indigenous populations as defined under the relevant international law. 67 bis. The Constitution and laws of Algeria guarantee the equality of all citizens with regard to rights, freedoms and duties in accordance with the following three principles: 1. The principle of equality: all the various Constitutions adopted by Algeria since independence guarantee the equality of all citizens with regard to rights, freedoms and duties. 2. The policy of balance: Article 9 of the Constitution provides that “institutions shall not indulge in: -feudal, regionalist and nepotistic practices; -the establishment of relations of exploitation and bonds of dependency; -practices contrary to Islamic morals and the values of the November Revolution”. 3. The principle of decentralisation: Article 15 of the Constitution provides that “the territorial communities are the commune and the wilaya. The commune is the basic community”, and Article 16 of the Constitution stipulates that: “The elected assembly shall constitute the basis of decentralization and the place for the participation of citizens in the conduct of public affairs”. Recommendation No. 18: “Promulgate laws to comply with provisions of the African Charter in general and on freedom of worship in particular” 68. Algeria, which has as religion Islam, guarantees freedom of religious practice consistent with respect for the provisions of the Constitution, laws and regulations in force, public order, good morals and the fundamental rights and freedoms of third parties. The public practice of religion is governed by relevant laws and regulations. The Constitution guarantees that the freedom of conscience and the freedom of opinion shall be inviolable (Article 36). 69. For Muslims: Executive Decree No. 91-81 of 23 March 1991 on the construction of the mosque, its organisation and functioning and Decree No. 94-432 of 10 December 1994 laying down the conditions for opening Koranic schools, their organisation and functioning. 70. For non-Muslims: Ordinance No. 06-02 bis of 28 February 2006 laying down the conditions and rules applicable to religious worship by non-Muslims and the two decrees No. 07-135 of 19 May 2007 and 07-158 of 27 May 2007, laying down respectively, the conditions and procedures for conducting non-Muslim religious and worship activities and the composition and procedures of functioning of the National Commission for Non-Muslim Faiths. 71. Moreover, several rights and guarantees of religious freedom are enshrined in the national legislation, in particular: the recognition of religious feast days, the status of religious ministers, criminal protection, civil status, personal status, the right of prisoners to fulfil their religious obligations and to be visited by a religious person of their faith, and the protection of the administrative judge. 14

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