72. The exercise of the freedoms of conscience and of religion is guaranteed by the Constitution,
international legal instruments ratified by Algeria and by Ordinance No. 06-03 of 28 February
2006 on conditions governing the practice of faiths other than Islam (text of a legislative nature)
and the Penal Code.
73. The Penal Code provides for and punishes by imprisonment and a fine “any defamation
directed at one or more persons belonging to an ethnic or philosophical group or to a particular
religion, when intended to incite hatred among citizens or inhabitants” (Section 298 (2)).
74. The Penal Code also provides for and punishes by imprisonment and a fine “any insult
directed at one or more persons belonging to an ethnic or philosophical group or to a particular
religion, when intended to incite hatred among citizens or inhabitants” (Section 298 bis).
75. Section 160 provides that “shall be punished by imprisonment of five to ten years, any
person who voluntarily and publicly destroys, mutilates, defaces or profanes the Holy Book”.
76. Section 160 ter provides that “shall be punished by imprisonment of one to five years and a
fine of 1,000 DA to 10,000 DA, any person who wilfully degrades, destroys or profanes a place
reserved for worship”.
77. Moreover, Article 77 of Law No. 90-07 of 3 April 1990 on information contains a provision
criminalising any insult directed against holy religions, irrespective of the means used. The
Article provides that: “any person who, in writing, or by sounds, images, drawings or any other
direct or indirect means, offends against Islam and the other holy religions shall be punished by
imprisonment of six (6) months to three (3) years and a fine of 10,000 to 50,000 DA or by one of
those penalties only”.
78. Algerian legislation guarantees the right to freedom of worship of non-Muslim prisoners.
Article 66 of Law No. 05-04 of 6 February 2005 on the code on the organisation of prisons and
the social reintegration of prisoners provides that “prisoners have the right to fulfil their religious
obligations and to be visited by a religious person of their faith”. Moreover, Algerian authorities
have granted authorisations to 7 chaplains, three for French and four for the other linguistic
communities.
79. Furthermore, Ordinance No. 06-03 on conditions governing the practice of faiths other than
Islam is a tool that is adapted to modern standards and respect for individual rights while
preserving social cohesion. This legislative text reinforces the abovementioned constitutional
principle and reflects a real willingness on the part of the government to open up to all religions,
a mark of tolerance and respect for the religions of others. The Code of Civil Status and the Civil
Code also guarantee the right of non-Muslim parents to give a first name of their choosing to
their children. This text thus guarantees “freedom of religious practice consistent with respect for
the provisions of the Constitution, the present Ordinance, laws and regulations in force, public
order, good morals and the fundamental rights and freedoms of third parties”, as well as
“tolerance and respect between the different religions” and “State protection” for associations of
religions other than Islam (Articles 2 and 3). Furthermore, it “prohibits the use of religious
affiliation as a justification for discrimination towards any individual or group of individuals”
(Article 4). This text is applicable to both nationals and foreigners, irrespective of their religion.
They have to comply, failing which they shall be liable to the penalties provided for by law.
Recommendation No. 19:
“Ratify the Protocol to the African Charter on the Rights of Women in Africa and institute
legislative and other measures to prevent the violation of women’s rights in Algeria”
80. In addition to the existing provisions or provisions introduced in the Penal Code in order to
harmonise Algerian legislation with international legal instruments, Algeria has ratified two of
the most important international instruments for the protection of the rights of women and
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