A. Institutional framework 14. The institutional framework makes provision for constitutional and non constitutional mechanisms 1. Constitutional mechanisms 15. The constitutional mechanisms are supported by political bodies and judicial institutions 16. The 1989 Constitution, revised in 1996, then in 2008, provides for the separation of the executive, legislative and judiciary powers. The constitutional regime is of presidential nature. 17. According to article 163 of the Constitution, the Constitutional Council is the guarantor of the constitutionality of laws. It ensures the conformity of laws with the constitution, including respect for rights and freedoms. In addition, it controls the regularity of people’s will as expressed in the presidential and legislative elections. Composed of nine (9) members, it may be referred by the President of the Republic, the President of the Council of the Nation and the President of the People's National Assembly. 18. The legislative power revolves around the Parliament, which is a place for the state to express democracy and pluralism. It controls the Government’s action and enacts laws. Human rights matters are raised at the permanent commissions’ level, which were created to this effect. 19. The constitutional reform of 28 November 1996 has established a two-tier system of parliament; the People’s national assembly became the first Chamber of Parliament. There are 462 members of parliament representing different political obedience following parliamentary elections by direct universal suffrage. The Council of the Nation is the second Chamber of Parliament. It is composed of 144 members, with two third elected through indirect suffrage by a cluster of members of the People’s regional (wilayas) and municipalities’ assemblies, while the President of the Republic appoints the other 48 members. 20. Based on the Constitution, the President of the Republic and the Prime Minister form the executive power in the Algerian political system. The President of the Republic, Head of State incarnates the unity of the nation. He is elected by direct and secret universal suffrage for a five-year term. He can ne re-elected. Moreover, the Prime Minister implements the Programme of the President of the Republic and coordinates the governmental action. The programme is submitted to the People’s national Assembly for approval. 21. With regard to its human rights Policy, the executive power has carried out a number of actions including the ratification of the main international human rights instruments. 22. The independence of the judiciary is provided for in article 138 of the Constitution, which states that « the judiciary is independent. It operates within the legal framework » 3

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