216. The right of entry and exit from the national territory is guaranteed under Article 44 (2) of
the Constitution which stipulates that: “The right of entry and exit from the national territory
shall be guaranteed”.
217. In keeping with the policy of further facilitating the enjoyment by citizens of the right of
entry and exit from the national territory, Algeria has launched a project to modernise the
procedure for issuing travel documents, through the introduction of biometric passports, which is
being implemented throughout the country.
218. Regarding the entry and movement of foreigners in Algeria, Articles 67, 68 and 69 of the
Constitution lay down the following guarantees:
- Article 67: “Every foreigner who resides legally in the national territory shall enjoy for
his person and his goods the protection of the law”.
- Article 68: “No one may be extradited except on the basis and application of an
Extradition Act”.
- Article 69: “In no case may a political refugee who is lawfully claiming the right of
asylum be handed over or extradited”.
219. With a view to establishing the constitutional guarantees provided to foreigners, Algeria
promulgated in 2008 a new law on the conditions of entry, residence and movement of
foreigners in Algeria. The said law, Law No. 08-11 of 25 June 2008, repealed and replaced
Ordinance No. 66-211 of 21 July 1966 which had become inadequate in the face of the country’s
situation and modern global migration laws. The amendment was part of efforts to take into
account, through an adapted legal framework, the increasing influx of migrants as a result of
gross economic inequalities among countries and the phenomenon of economic globalisation.
Article 13:
Right to participate in the government and access to the public service
220. Citizens’ participation in the management of the public affairs of the country is guaranteed
by the Constitution which laws down the relevant principles and procedures, through several
provisions, of which the following articles should be noted:
- Article 6: “The people shall be the source of all authority. National sovereignty shall
vest exclusively in the people”.
- Article 7: “The constituent power shall belong to the people. The people shall exercise
their sovereignty through the institutions which they shall establish. The people shall
exercise their sovereignty by means of referendum and through their elected
representatives. The President of the Republic may have direct recourse to the
expression of the will of the people”.
- Article 10: “The people shall freely choose their representatives. The representation of
the people shall have no other limits than those specified in the Constitution and the
electoral law”.
- Article 14: “The State shall be founded on the principles of democratic organization
and social justice. The elected assembly shall constitute the framework within which the
will of the people and the monitoring of the actions of the government shall be
exercised”.
- Article 16: “The elected assembly shall constitute the basis of decentralization and the
place for the participation of citizens in the conduct of public affairs”.
- Article 31: “The institutions shall strive to ensure the equality of rights and duties of all
citizens by removing obstacles that impede the development of the human person and
the effective participation of all in political, economic, social and cultural life”.
- Article 31 bis: “The State shall strive to promote the political rights of women by
increasing their chances of access to representation in elected assemblies. The
procedures for implementing this Article shall be determined by an organic law”.
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