- ILO Convention No. 105 concerning the Abolition of Forced Labour.23 143. In the area of human trafficking and the smuggling of migrants, and in response to the needs of globalisation, Algeria initiated a profound reform of its legal and judicial system in 1999. 144. The ultimate goal of this reform is to align Algeria’s legislation with the international legal instruments it has ratified, particularly through amendments to the Penal Code. Such amendments are aimed at supplementing existing legal safeguards with provisions that are in line with the spirit of these conventions. 145. Following the ratification of the Additional Protocol to the United Nations Convention against Transnational Organized Crime to prevent, suppress and punish trafficking in persons, especially women and children, adopted by the UN General Assembly on 15 November 2000 24, and the Protocol against the smuggling of migrants by land, sea and air supplementing the United Nations Convention against Transnational Organized Crime adopted on 15 November 200025; Algeria has taken important legislative measures in order to align its national migration legislation with this international instrument. 146. Through Law No. 09-01 of 25 February 2009 amending and complementing Ordinance No. 66-156 of 8 June 1966 on the Penal Code26, two new sections were added to the Penal Code, namely: “trafficking in persons”27 and “smuggling of migrants”28. 147. Under the new Sections 303 bis 4 to 303 bis 15 of the Penal Code, “trafficking in persons” is defined in conformity with the Trafficking in Persons Protocol. Offences carry penalties of prison sentences and fines, and the prison sentence can be increased when the trafficking involves a vulnerable person as a result of age, illness or physical or mental disability, apparent or known to the perpetrator. 148. Human trafficking is punishable by a prison sentence if the offence is committed with at least one of the following circumstances: -when the perpetrator is the spouse of the victim or his ascendant or guardian or has authority over the victim or if the perpetrator is an official whose function has facilitated the commission of the offence, -when the offence is committed by more than one person, -when the offence is committed with the use of firearms or involves the threat of use of firearms, -when the offence is committed by an organised criminal group or of a transnational nature (Section 303 bis 5). 22 Decree No. 03-417 of 9 November 2003 23 Ordinance No. 69-30 of 23 May 1969 24 Presidential Decree No. 03-417 of 9 November 2003 25 Presidential Decree No. 03-418 of 9 November 2003 26 Official Gazette No. 15 of 8 March 2009 27 Sections 303 bis 4 to 303 bis 15 28 Sections 303 bis 30 to 303 bis 41 25

Select target paragraph3