CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE proof of the efforts the authorities have made to eliminate, or at least reduce, discrimination against women in certain spheres. 323. However, despite these efforts and the astonishing progress recorded in many areas, there are still gaps. The many problems and constraints mentioned in the CSAR were confirmed and expanded on by the participants the CRM met at workshops and during consultations in Algiers and the various wilayas, as well as by reports in the media and those published on the Internet. These gaps relate to full adherence to international norms and their integration into the internal legal system; the conformity of legislation to the Constitution; the de jure and de facto situation; the right of women to employment; the matter of violence against women; access of women to decision-making positions; and, finally, to the institutional mechanisms responsible for promoting women. 324. Concerning adherence to international and regional treaties, there is first the issue of the reservations recorded with regard to the CEDAW, which have not been lifted and thus make adherence to this instrument rather meaningless. These reservations in regard to sections 2, 9, 15 and 16 of the Convention persist despite changes made to the Nationality and Family Codes. Moreover, Algeria has not yet ratified the Supplementary Protocol to the Convention on Elimination of all Forms of Violence against Women, or the special African instrument on the matter, which is the Supplementary Protocol to the African Charter on Human and Peoples‟ Rights, relating to the Rights of Women. 325. There is non-alignment between the egalitarian provisions of the Constitution and legislation. The Family Code serves as an example of this inconsistency. Although acknowledged by the Constitution as citizens with the right to vote, hold elected office, hand down legal decisions and manage public services, Algerian women do not benefit fully from these rights in the private sector. The reform of the Family Code, which some believe to be a significant step towards eliminating discrimination, is considered insufficient by those calling for the total abolishment of the Code, which they criticise as being obsolete and contrary to international instruments on human rights. The provision for the presence of a guardian (the Wali) during the marriage ceremony maintains the minority status of women in relation to men. “I have constitutional rights and here I am, they tie me down, hamper me with the presence of a guardian. As I can vote without having my father stand behind me, I cannot enter into a marriage contract without him having a say about my decision. And if he refuses to accompany me to the town hall, what will I do? Must I fall back on the corner grocer?” (Comments made by Mme Nadia Ait Zai, jurist and activist for the abrogation of the Family Code, quoted in the daily newspaper, El Watan, on 8 March 2005). Together with the guardianship institution, considered a symbol of the infantilisation of Algerian women, polygamy (to a maximum of four wives) is also maintained, although subject to the prior consent of the wife and of the judge charged with establishing reality of consent in this regard. Equality in the area of guardianship and parental authority, as well as in divorce, is not yet accepted. 106

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