95. As part of its human rights policy, the executive has taken several measures, the most
important of which is the ratification of international human rights legal instruments.
96. The independence of the judiciary is guaranteed in Article 138 of the Constitution which
provides that: “The judicial authority shall be independent. It shall be exercised within the
framework of the law”.
97. Algeria has established judicial mechanisms to guarantee, on the one hand, citizens’ rights,
and, on the other hand, independent judicial decision-making. To this end, Algeria’s judicial
system includes the following three levels: courts of first instance, courts of appeal and the
Supreme Court. There is also a Council of State, which regulates the activities of all
administrative courts, and a Jurisdiction Court responsible for settling conflicts of jurisdiction
between the Supreme Court and the Council of State.
98. Provided for under Article 163 of the Constitution, the Constitutional Council rules on the
constitutionality of laws, and ensures that laws are consistent with the Constitution, in particular
regarding rights and freedoms. Moreover, the Constitutional Council monitors the propriety of
the presidential and legislative elections. It comprises nine (9) members, and a matter may be
submitted to the Constitutional Council by the President of the Republic, the President of the
Council of the Nation and the Speaker of the People’s National Assembly.
2. Non-constitutional mechanisms
99. Non-constitutional mechanisms include institutions established to promote the exercise of
human rights and which are provided for by infra-constitutional provisions. These mechanisms
include bodies of an administrative or private nature.
100. The National Consultative Commission for the Promotion and Protection of Human Rights
(CNCPPDH), established on 9 October 2001 by the President of the Republic, is composed of 44
members including 16 women. It is an independent and advisory body in charge of human rights
monitoring, early warning and evaluation, and is tasked with assessing situations of human
rights violations. The Commission is responsible for all human rights activities and conducts
awareness-raising, information and communication activities for the promotion of human rights.
It issues opinions aimed at improving national legislation. The Commission also prepares an
annual report on the human rights situation which it submits to the President of the Republic.
101. Freedom of opinion and freedom of expression are essential tools for human rights
oversight and protection and act as a counterbalancing force. Organic Law No. 12-05 on
information guarantees the exercise of these freedoms.
102. Presently, there are fifty-two (52) daily newspapers, with only six (6) owned by the public
sector, with an average of 1.7 million copies printed daily. Regarding weekly newspapers, there
are ninety-eight (98) newspapers with an average of over 2.3 million copies printed, and fortythree (43) other bi-monthly or monthly periodicals, with 275,000 copies printed.
103. The Algerian Constitution gives importance to freedom of association in order to protect
human rights. This freedom, guaranteed under Article 41, encompasses the protection of some
category of rights such as the rights of women, children, the sick, the disabled, consumers and
users of public services.
104. Moreover, the procedures for exercising trade union rights are laid down in Law No. 90-14
of 2 June 1990. Sectoral or professional rights are defended by fifty-seven (57) organisations
which claim to act on behalf of more than 2.5 million salaried employees, and twenty-three (23)
employers’ organisations, including three (3) confederations.
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