| Algeria: Integrity Scorecard Report > Sub-Category: Executive Accountability | ||
| Indicators | Score | |
| 23 | In law, can citizens sue the government for infringement of their civil rights? | 0 |
| 24 | Can the chief executive be held accountable for his/her actions? | 6 |
| 25 | Is the executive leadership subject to criminal proceedings? | 0 |
| 26 | Are there regulations governing conflicts of interest by the executive branch? | 63 |
| 27 | Can citizens access the asset disclosure records of the heads of state and government? | 83 |
| 28 | In practice, official government functions are kept separate and distinct from the functions of the ruling political party. | 0 |
Indicator and sub-Indicator Details
| 23 | In law, can citizens sue the government for infringement of their civil rights? | |||||||
| 23: In law, can citizens sue the government for infringement of their civil rights? | ||||||||
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Comments: Although the constitution provides the legal grounding for each citizen to defend its human and civil rights, the "Ordinance for Peace and National Reconciliation" prohibits any lawsuit against government agencies in connection with the civil war between 1992 and 2000. References: Algerian Constitution of 28 November 1996 [...] Art. 33 - Individual or associative defense of fundamental human rights and individual and collective liberties is guaranteed. [...] Ordinance 06-01 from February 27th, 2006 with regards to the Charter for Peace and National Reconciliation [...] Article 45 - No legal proceedings may be initiated against an individual or a collective entity, belonging to any component whatsoever of the defense and security forces of the Republic, for actions conducted for the purpose of protecting persons and property, safeguarding the nation or preserving the institutions of the Democratic and Popular Republic of Algeria. The competent judicial authorities are to summarily dismiss all accusations or complaints. [...]
Peer Review Comments: Citizens can sue the local and regional administration for administrative decisions, but cannot sue the government for its political decisions. It many cases it is difficult to distinguish political decisions from administrative decisions because the criteria for distinction are not clear.
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| 24 | Can the chief executive be held accountable for his/her actions? | |||||||
| 24a: In practice, the chief executive gives reasons for his/her policy decisions. | ||||||||
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Comments: The President of Algeria discusses policy before the parliament, but there is no real discussion. The decisions by the president are not challenged by the parliament. An open and broad discussion of decisions by the president is not wanted. References: Interview with government official in August 2007. The official wants to stay anonymous.
Peer Review Comments: No.
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| 24b: In law, the judiciary can review the actions of the executive. | ||||||||
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Comments: "The judicial branch cannot control the activities of the executive branch due to its preeminence in all aspects of the political life. It also should be noted that the magistrates are nominated by the president, the chief of the executive branch." References: Interview with a member of the judiciary, who wishes to remain anonymous. Date: August 2007. Algerian Constitution of 28 November 1996 [...] The judicial power [...] Art. 154 - The High Council of Magistracy is presided over by the President of the Republic. Art. 155 - The High Council of Magistracy decides, within the conditions defined by the law, the appointment, transfer and the progress of the magistrate's careers. It sees to the respect of the provisions provided for the statute of the magistracy and of the control of discipline under the chairmanship of the First President of the High Court.
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| 24c: In practice, when necessary, the judiciary reviews the actions of the executive. | ||||||||
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Comments: "The the judiciary branch does not review the actions of the executive branch." References: Interview with a member of the judiciary branch, who wishes to remain anonymous. Date: August 2007.
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| 24d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices. | ||||||||
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Comments: "There exists a widespread abuse by the executive branch of using directives, instructions and orders to introduce and interpret upcoming or current regulations." References: Interview with a member of a member of the judiciary branch, who wishes to remain anonymous.
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| 25 | Is the executive leadership subject to criminal proceedings? | |||||||
| 25a: In law, the heads of state and government can be prosecuted for crimes they commit. | ||||||||
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Comments: "While article 573 of the Criminal law procedures foresees a prosecution of government officials for committed crimes, the "Charter for Peace & Reconciliation" prohibits any legal proceedings against members of the executive branch in connection with the civil war between 1992 and 2000." References: Interview with a member of the judiciary branch, who wishes to remain anonymous. Date: August 2007. Article 573 of the Code for the Criminal Law Procedure Ordinance 06-01 from February 27th, 2006 with regards to the Charter for Peace and National Reconciliation [...] Article 45 - No legal proceedings may be initiated against an individual or a collective entity, belonging to any component whatsoever of the defense and security forces of the Republic, for actions conducted for the purpose of protecting persons and property, safeguarding the nation or preserving the institutions of the Democratic and Popular Republic of Algeria. The competent judicial authorities are to summarily dismiss all accusations or complaints. [...]
Peer Review Comments: La haute cour de l'etat is competent for the trial of high authorities of the state, it is foreseen by the 1989 constitution, however, it has never been officially established. The charter of the national reconciliation only affects the facts related terrorism and anti-terrorism. Constitution de 1989 ; Art. 158 - Il est institué une Haute Cour de l'Etat pour connaître des actes pouvant être qualifiés de haute trahison du Président de la République, des crimes et délits du Chef du Gouvernement, commis dans l'exercice de leur fonction. The concept of "haute trahison" is very large.
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| 25b: In law, ministerial-level officials can be prosecuted for crimes they commit. | ||||||||
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Comments: "While article 573 of the Criminal law procedures foresees a prosecution of government officials for committed crimes, the "Charter for Peace & Reconciliation" prohibits any legal proceedings against members of the executive branch in connection with the civil war between 1992 and 2000." References: Interview with a member of the judiciary branch, who wishes to remain anonymous. Date: August 2007. Article 573 of the Code for the Criminal Law Procedure Ordinance 06-01 from February 27th, 2006 with regards to the Charter for Peace and National Reconciliation [...] Article 45 - No legal proceedings may be initiated against an individual or a collective entity, belonging to any component whatsoever of the defense and security forces of the Republic, for actions conducted for the purpose of protecting persons and property, safeguarding the nation or preserving the institutions of the Democratic and Popular Republic of Algeria. The competent judicial authorities are to summarily dismiss all accusations or complaints. [...]
Peer Review Comments: La haute cour de l'etat is competent for the trial of high authorities of the state, it is foreseen by the 1989 constitution, however, it has never been officially established. The charter of the national reconciliation only affects the facts related terrorism and anti-terrorism.
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| 26 | Are there regulations governing conflicts of interest by the executive branch? | |||||||
| 26a: In law, the heads of state and government are required to file a regular asset disclosure form. | ||||||||
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Comments: This is called "declaration of assets" following the executive order from 11 January 1997. It concerns houses, apartments, furniture, vehicles, boats, cash, claims and is addressed to all members in public service. References: Ordonnance n° 97-04 du 11 Janvier 1997 MINISTERE DE LA JUSTICE JO N° 3 du 12 Janvier 1997, Page 7
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| 26b: In law, ministerial-level officials are required to file a regular asset disclosure form. | ||||||||
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Comments: This is called "declaration of assets" following the executive order from 11 January 1997. It concerns houses, apartments, furniture, vehicles, boats, cash, claims and is addressed to all members in public service. References: Ordonnance n° 97-04 du 11 Janvier 1997 MINISTERE DE LA JUSTICE JO N° 3 du 12 Janvier 1997, Page 7 Article 8
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| 26c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch. | ||||||||
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Comments: Article 38 of the Algerian anti-corruption law makes the acceptance of a gift by a government agent a crime, if this was done in order to influence the actions of the receiver of the gift as an agent of the government. "Such a regulation does not exist. The only exception is that members of the executive branch cannot accept gifts from individuals or entities, who are parties in legal proceedings." References: Law No. 06/01 for the prevention and the fight against corruption from 20 February 2006. Interview with a member of the judiciary branch, who wishes to remain anonymous. Date: August 2007.
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| 26d: In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government). | ||||||||
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Comments: Article 9 of the above-mentioned order states internal requirements for the audit. References: Ordonnance n° 97-04 du 11 Janvier 1997 MINISTERE DE LA JUSTICE JO N° 3 du 12 Janvier 1997, Page 7 Article 9
Peer Review Comments: There is no independent institution for auditing the executive branch, except parliament and the senate.
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| 26e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government. | ||||||||
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Comments: Following a major scandal on this issue (the Affaire Khalifa trials) in 2006, Ordonnance NO- 07-01 du 01/03/2007 was adopted in March 2007 to regulate post-government employment restrictions. Its efficiacy in practice remains to be seen. References: Interview with a member of the judiciary branch, who wishes to remain anonymous. Date: August 2007.
Peer Review Comments: The project had finally been adopted and published in an official journal on March 1, 2007. Ordonnance NO- 07-01 du 01/03/2007 Promulgue l'ordonnance dont la teneur suit :Article 1er. La présente ordonnance a pour objet de définir les incompatibilités et les obligations particulières attachées à certains emplois et fonctions. Elle s'applique aux titulaires d'un emploi d'encadrement ou d'une fonction supérieure de l'Etat exerçant au sein des institutions et administrations publiques, des établissements publics, des entreprises publiques économiques, y compris les sociétés mixtes où l'Etat détient 50 percent au moins du capital ainsi qu.au niveau des autorités de régulation ou tout autre organisme public assimilé assurant des missions de régulation, de contrôle ou d'arbitrage. Art. 2. Sans préjudice des incompatibilités prévues par la législation et la réglementation en vigueur, est interdit, aux titulaires des emplois et fonctions cités à l'article 1er ci-dessus, de détenir, en cours d.activité, par eux-mêmes ou par personnes interposées, à l'intérieur ou à l'extérieur du pays, des intérêts auprès d'entreprises ou d'organismes dont ils assurent un contrôle ou une surveillance ou avec lesquels ils ont conclu un marché ou émis un avis en vue de la passation d'un marché. Art. 3. Sans préjudice des incompatibilités prévues par la législation et la réglementation en vigueur, à la fin de leur mission et ce, quel qu.en soit le motif, les titulaires des emplois et fonctions cités à l'article 1er ci-dessus ne peuvent exercer, pour une période de deux (2) années, une activité de consultation, une activité professionnelle de quelque nature que ce soit ou détenir des intérêts directs ou indirects auprès d.entreprises ou d'organismes dont ils ont eu à assurer un contrôle ou une surveillance, à conclure un marché ou à émettre un avis en vue de la passation d'un marché, ainsi qu'auprès de toute autre entreprise ou organisme opérant dans le même domaine d'activité.
Peer Review Comments: It is the case now.
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| 26f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective. | ||||||||
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Comments: The new regulation's efficacy remains to be seen in practice. References: Interview with a member of the judiciary branch, who wishes to remain anonymous. Date: August 2007.
Peer Review Comments: It is very dificult to answer, the text has only been recently adopted (March 1, 2007). Its effectiveness is not established.
Peer Review Comments: The law has just been introduced.
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| 26g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective. | ||||||||
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Comments: "There does not exist a regulation. The only exception is that members of the executive branch cannot accept gifts from individuals or entities, who are parties in legal proceedings." References: Interview with a member of the judiciary branch, who wishes to remain anonymous. Date: August 2007.
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| 26h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited. | ||||||||
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Comments: "An audit does not take place. The declarations of the asset disclosures are simply sent to the Supreme Court and will theoretically be published in the official governmental journal." References: Interview with a member of the judiciary branch, who wishes to remain anonymous. Date: August 2007.
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| 27 | Can citizens access the asset disclosure records of the heads of state and government? | |||||||
| 27a: In law, citizens can access the asset disclosure records of the heads of state and government. | ||||||||
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Comments: The above-mentioned article foresees a publication of the submission of the declaration within two months. References: Ordonnance n° 97-04 du 11 Janvier 1997 MINISTERE DE LA JUSTICE JO N° 3 du 12 Janvier 1997, Page 7 Article 12
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| 27b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period. | ||||||||
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Comments: "The official journal can be accessed through the Internet. Whether the filing and the publishing of the declarations are often delayed cannot exactly be verified." References: Interview with a member of the judiciary branch, who wishes to remain anonymous. Date: August 2007.
Peer Review Comments: We have never experienced such cases.
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| 27c: In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost. | ||||||||
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Comments: "The official journal can be accessed through the Internet." References: Interview with a member of the judiciary branch, who wishes to remain anonymous. Date: August 2007.
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| 28 | In practice, official government functions are kept separate and distinct from the functions of the ruling political party. | |||||||
| 28: In practice, official government functions are kept separate and distinct from the functions of the ruling political party. | ||||||||
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Comments: "The members of the government are chosen by the president along the party lines, but certainly they are trusted allies of the president. They are certainly distrustful towards party ideology, nevertheless party and government activities are regularly mingled." References: Interview with a member of the judiciary branch, who wishes to remain anonymous. Date: August 2007.
Peer Review Comments: In fact, the chief of government is generally the secretary of the ruling party.
Peer Review Comments: They belong to the same party system. There are no outsiders.
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