- Article 42: “The right to establish political parties shall be recognized and
guaranteed…”
- Article 50: “Every citizen meeting the legal requirements shall have the right to vote
and to be elected”.
- Article 51: “Equal access to positions and employment in the government shall be
guaranteed to all citizens, without conditions other than those established by statute”.
221. The practical procedures and mechanisms for citizens’ participation in the management of
public affairs were established by the various laws and regulations and have been further
consolidated, following the political reforms which began in 2011, in particular through the
promulgation of new organic laws on the electoral system and political parties, in addition to the
new commune and wilaya codes.
222. In this regard, Organic Law No. 12-01 of 12 January 2012 on the electoral system provides
that elections to be organised by the Administration shall be supervised by the judiciary and
monitored by representatives of participating political parties and independent candidates. It also
provides for:
- The establishment of a National Election Supervisory Commission composed of
magistrates. The Commission is responsible for supervising elections at the national
level and at the level of the wilayas. It is involved throughout the process, from the
beginning of the electoral process to the announcement and final validation of election
results.
- The establishment of a National Election Monitoring Commission composed of
representatives of participating political parties and independent candidates. The
Commission elects its chairperson among its members, has field offices in the wilayas
and communes, and has its own budget from the State budget to carry out its mandate.
Moreover, the government provides the Commission, at its request, with competent
electoral officers.
223. Moreover, Organic Law No. 12-01 of 12 January 2012 on the electoral system provides for
the use of transparent ballot boxes and indelible ink, and the obligation of the Administration to
provide sufficient reasons for every rejected candidature.
224. Under the law, candidates have the right to receive, at polling stations, copies of documents
produced during the election operation, including the official statement of votes, and the two (2)
reports collating results in the commune and wilaya, and the collating is conducted by
magistrates.
225. Also, the organic law reduces the eligibility age of candidates for the Council of the Nation
(Senate) and the number of signatures of voters to be provided by presidential candidates. It also
provides for penalties for any action against the transparency, integrity and regularity of
elections.
226. Two (2) elections have already been organised under this new organic law, including the
legislative elections of 10 May 2012 and the local elections, for the election of members of the
communal and wilaya people’s assemblies, organised on 29 November 2012.
227. Regarding Organic Law No. 12-04 of 12 January 2012 on political parties, it is aimed at
strengthening democratic pluralism and improving the provisions governing the creation of
political parties and their relations with the Administration, transparency in the financial
management of political parties and possible disputes between the Administration and registered
political parties. Moreover, Organic Law No. 12-04 of 12 January 2012 on political parties
guarantees the rights of the national community, by including provisions that are capable of
preventing a repetition of the national tragedy, prohibiting the violation of fundamental
freedoms, guaranteeing the democratic and republican nature of the State, and preserving
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