- ILO Convention No. 105 concerning the Abolition of Forced Labour.23
143. In the area of human trafficking and the smuggling of migrants, and in response to the
needs of globalisation, Algeria initiated a profound reform of its legal and judicial system in
1999.
144. The ultimate goal of this reform is to align Algeria’s legislation with the international legal
instruments it has ratified, particularly through amendments to the Penal Code. Such
amendments are aimed at supplementing existing legal safeguards with provisions that are in line
with the spirit of these conventions.
145. Following the ratification of the Additional Protocol to the United Nations Convention
against Transnational Organized Crime to prevent, suppress and punish trafficking in persons,
especially women and children, adopted by the UN General Assembly on 15 November 2000 24,
and the Protocol against the smuggling of migrants by land, sea and air supplementing the
United Nations Convention against Transnational Organized Crime adopted on 15 November
200025; Algeria has taken important legislative measures in order to align its national migration
legislation with this international instrument.
146. Through Law No. 09-01 of 25 February 2009 amending and complementing Ordinance No.
66-156 of 8 June 1966 on the Penal Code26, two new sections were added to the Penal Code,
namely: “trafficking in persons”27 and “smuggling of migrants”28.
147. Under the new Sections 303 bis 4 to 303 bis 15 of the Penal Code, “trafficking in persons”
is defined in conformity with the Trafficking in Persons Protocol. Offences carry penalties of
prison sentences and fines, and the prison sentence can be increased when the trafficking
involves a vulnerable person as a result of age, illness or physical or mental disability, apparent
or known to the perpetrator.
148. Human trafficking is punishable by a prison sentence if the offence is committed with at
least one of the following circumstances:
-when the perpetrator is the spouse of the victim or his ascendant or guardian or has
authority over the victim or if the perpetrator is an official whose function has facilitated
the commission of the offence,
-when the offence is committed by more than one person,
-when the offence is committed with the use of firearms or involves the threat of use of
firearms,
-when the offence is committed by an organised criminal group or of a transnational
nature (Section 303 bis 5).
22
Decree No. 03-417 of 9 November 2003
23
Ordinance No. 69-30 of 23 May 1969
24
Presidential Decree No. 03-417 of 9 November 2003
25
Presidential Decree No. 03-418 of 9 November 2003
26
Official Gazette No. 15 of 8 March 2009
27
Sections 303 bis 4 to 303 bis 15
28
Sections 303 bis 30 to 303 bis 41
25