CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
219.
The state of emergency remains in place, even though the state of siege has
been lifted. This represents a restriction on the exercise of rights and freedoms
at every level. Certain stakeholders see it as a sword of Damocles over their
heads, notwithstanding the threat of terrorism. This is exacerbated by the fact
that there is no mention in any of the legislative texts or in any of the speeches,
of a date for lifting the state of emergency.
220.
The private press is falling increasingly under the control of financial powers.
There is no collective agreement, no organised and independent trade union,
and no constitution protecting journalists of the private press in general. These
journalists are faced with numerous problems, such as inadequate training,
poor working conditions, difficulties in accessing information, the suppression
of opinion through rather absurd accusations, and sentencing to harsh penalties
by a legal system whose independence is not always substantiated.
221.
Opinion is divided on the general assessment of the human rights situation and
differs from one human rights organisation to another. Certain associations
and foreign non-governmental associations (NGOs) operating in this area
experience real difficulties in developing their activities in the country freely,
especially when they are critical of the authorities. The lack of tolerance and
discrimination against these associations reflect the need for the government to
consolidate the freedom of opinion and expression of associations promoting
and protecting human rights.
222.
It is nonetheless important to note positive developments in the protection of
individual freedoms over the past six years, and the indications are that it is
possible to envisage the consolidation of human rights in Algeria. Thus, in
2007, 1018 prisoners have been registered for a high school diploma
programme and 1645 for post-primary courses in the prisons. This is a good
practice to be encouraged. Even so, the CRM recommends that the
government and society as a whole assume greater responsibility for the
indivisibility of human rights. Similarly, the CRM emphasises the importance
of guaranteeing the right to peace, subject to social justice, democracy and
sustainable development.
iii.
Recommendations
223.
The APR Panel would like recommend that Algeria:
1. Strengthen the constitutional status of human rights under the envisaged
constitutional reform. A provision of the Constitution could recognise the
constitutional value of the human rights figuring in all the international
instruments duly signed and ratified by Algeria, including the right to a
healthy environment. (Attention: the government; the parliament)
2. Better contextualise and promote freedom of the press through adoption of
the following measures:
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