211. In this regard, it should be noted that since 2011 Algeria began a broad programme of
political reforms which also includes the modernisation of the legal framework governing
associations. Law No. 12-06 of 12 January 2012 on associations is an important product of these
reforms.
212. While guaranteeing and consolidating the gains of the old law on associations35, the new
law on associations has strengthened freedom of association, regulated in a more precise manner
the activities of associations and has addressed legal shortfalls, in particular regarding foreign
foundations, clubs and associations established in Algeria. A number of measures included in the
law has contributed to a more efficient management of modern needs and has even facilitated the
activities of civil society, aimed at:
- Further consolidating the right to create associations by obliging the administration to
make a decision, within a required period of time, on an application for authorisation,
and clearly states that “the Administration’s silence shall be considered as an approval”
(Article 11) and that “refusals to grant authorisation shall be open to challenge before
the courts” (Article 10).
- Further relaxing the procedure for forming associations by decentralising the
procedure, and by mandating Communal People’s Assemblies to deal with the creation
of associations.
- Demanding associations to meet a number of universal requirements, in particular the
integrity of their leaders, transparency in their management – in particular financial
management, complying with their status – including their actual area of activity,
compliance with the Constitution and legislation in force, and respecting public order.
- Granting the status of “public interest” to associations when their “area of activity is a
priority for the community”. The new law also provides for government subsidies to be
granted to these associations to support their programme implementation based on
certain terms and conditions.
213. It should be noted that associations in Algeria presently constitute one of the active
stakeholders in the social, trade union, cultural and scientific life of the country. Associations are
considered, by the government, as an indispensable partner and are involved in the design and
implementation of national policies and strategies.
214. Efforts made by the government to promote associations have led to an increase in the
number of associations and a diversification of their areas of activity. In this regard, it should be
noted that as at 31 December 2011, there were more than 93,600 registered associations in
Algeria.
Article 12:
Right to freedom of movement within the country, to leave and to return to the country, the
right to asylum and prohibition of mass expulsion
215. The right, of all Algerian citizens, to freedom of movement and residence in the national
territory is guaranteed by the Constitution which provides under Article 44 (1) that: “Every
citizen enjoying all civil and political rights shall have the right to choose freely the place of
residence and to move about in the national territory”.
35
Law No. 90-31 of 4 December 1990
35