EXECUTIVE SUMMARY
economic, social and cultural rights afforded by Algeria‟s legal framework. It
also noted that the restoration of peace and national reconciliation was
accompanied by formal reaffirmation of civil and political rights guaranteed
by the Constitution and a number of other laws concerning freedom of
expression, association and assembly. While Islam is the state religion,
freedom of conscience and freedom of worship are equally entrenched and the
state affords the same protection to the other religions as it does to Islam.
Freedom of the press is effectively guaranteed (with Algeria having almost
130 publications, including 43 daily newspapers).
3.9
Nonetheless, special attention should be paid to complaints about the “media
clampdown” and the excesses of certain elements of the security forces, who
sometimes act contrary to the law or in flagrant violation of human rights. This
is notwithstanding the need to contain permanently the terrorist aggression that
is regaining momentum. Consequently, both government and civil society
need to pay more attention to the indivisibility of human rights. The same goes
for guaranteeing the right to peace, as conditioned by social justice, democracy
and sustainable development.
3.10
With regard to the separation of powers, although the CRM emphasised, with
interest, the constituent‟s need to enshrine and guarantee the independence of
the judiciary, the fact remains that movement from one function to another and
from one jurisdiction to another is by appointment of the President of the
Republic, on the advice of the Higher Council of the Magistrature (CSM),
over which he presides and which is co-chaired by the Ministry of Justice. The
functional independence and effectiveness of parliament also attracted some
comments and reservations. The President has the power to legislate, by order
and without the prior authority of the Popular National Assembly (APN), even
on financial matters. In addition, the Senate (Conseil de la Nation) has the
authority to block laws from being passed, given that a four-fifths majority is
required to approve laws passed by the upper chamber. (It is noted that one
third of the members of the Senate are appointed directly by the President.)
3.11
The CRM also noted effective interference with the legislative and executive
branches, resulting in a blurring of responsibilities of members of parliament
and the President, all of them elected representatives. In effect, even though he
is elected by the entire nation, the President cannot impose his political
programme without the support of the presidential and parliamentary majority.
Should political cohabitation with a prime minister from a different political
side ever become necessary, there would probably be institutional conflicts
with deleterious repercussions for political governance.
3.12
Public service reform is under way. It is interesting to note that information
and communication technologies and “e-governance” have been introduced,
while the new statute aims to develop a modern, efficient and responsible
administration. While conserving the career system for public servants, this
statute reserves an important place for employment through a contractual
system that has been revised and adapted to the functions of the public
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