References: Algerian Constitution of 28 November 1996: [...] Art. 43 - The right to create associations is guaranteed. The State encourages the development of associative movement. The law defines the conditions and clauses of the creation of associations. [...]

The Law on Associations, Law No. 90-31 of December 4th, 1990

[...] Article 2 - An association constitutes a convention guided by the law through natural persons or [corporate] bodies who assemble under a contractual basis and with a non-commercial objective. They assemble for this purpose for a limited or unlimited term their knowledge, their means for the advancement of activities of a professional, social, scientific, religious, educative, and cultural or sports nature. [...]

Article 4 - Under the provision of Article 5 of this law, all individuals, having reached the age of majority, are permitted to create, administer or manage an association, if they - Possess the Algerian nationality, - Enjoy their civil and citizens' rights - Do not exercise activities which are contrary to the interests of the struggle for the national liberation.

Article 5 - The association is not considered an association if - It has been founded with a goal that is contrary to the existing institutional system, to the public order, to the customs and [the general] way of life or to existing laws and regulations, - Whose founding members do not fulfill the stipulated prerequisites of the article 4 of the present law. [...]

Ordinance 06-01 from February 27th, 2006 with regards to the Charter for Peace and National Reconciliation

[...] Article 46 - Anyone who, by speech, writing, or any other act, uses or exploits the wounds of the National Tragedy to harm the institutions of the Democratic and Popular Republic of Algeria, to weaken the state, or to undermine the good reputation of its agents who honorably served it, or to tarnish the image of Algeria internationally, shall be punished by three to five years in prison and a fine of 250,000 to 500,000 Dinars. [...]

Peer Review Comments: The ordinance for national peace and reconciliation is applicable only to terrorist and anti-terrorist acts. But the liberty to create an association is limited by an ordinance concerning state emergencies, adopted in 1992 and still applicable.

Peer Review Comments: Quoting the Ordinance for National Peace and Reconciliation to answer this question is not correct. We should refer to the Constitution, which has not been amended by any law.

Note: The answer referred to above is as follows: Anti-corruption or civil-rights groups created in order to investigate and expose government abuse during the civil war years between 1992 and 2000 are barred from legally existing through the "Ordinance for National Peace and Reconciliation." This prohibition is extended to demonstrations or debates on these issues by any groups or associations.

International funding for any Algerian association is subject to control and regulation by the Algerian Ministry of Interior.

References: The Law on Associations, Law No. 90-31 of December 4th, 1990

[...] Chapter 4 - Resources and Assets

[...] Article 28 - Donations and assets connected with charges and conditions are not to be accepted by the associations, unless the charges and conditions are compatible with the goal assigned by the statutes and with the dispositions of the present law. Donations and assets from foreign associations or organizations cannot be accepted after the approval of the proper public authority, which verifies the origin, the sum, the accordance with the goals assigned by the statutes of the association and probable restrictions, which can come into effect. [...]

Ordinance 06-01 from February 27th, 2006 regarding the Charter for Peace and National Reconciliation.

[...] Article 46 - Anyone who, by speech, writing, or any other act, uses or exploits the wounds of the National Tragedy to harm the institutions of the Democratic and Popular Republic of Algeria, to weaken the state, or to undermine the good reputation of its agents who honorably served it, or to tarnish the image of Algeria internationally, shall be punished by three to five years in prison and a fine of 250,000 to 500,000 Dinars. [...]

Peer Review Comments: The ordinance for peace and national reconciliation does not concern civil associations. Any financial assistance must be declared.

References: The Law on Associations, Law No. 90-31 of December 4th, 1990 [...] Chapter 2 - Rights and Obligations [...] Article 18 - The associations are obliged to provide the proper public authorities regularly with information about their membership, the source of their funds and their financial situation and how it is financially managed. [...]

[...] Chapter 4 - Resources and Assets [...] Article 31 - Without the authorization by the proper authority, the use of subsidies, aid and contributions, other than the ones predetermined by the consenting administration, constitutes a violation and lies, in this case, within the responsibility of [the association's] directors. [...]

References: 1) El Watan, 14 December 2006 FFS : Des militants interpellés à Ghardaïa [ LINK ]

2) Liberté, 9 November 2006 Le MSP dénonce [ LINK ]

3) Algeria-Watch, 24 September 2006 Deux avocats algériens paient leur engagement pour le respect des droits humains [ LINK ]

4) L'Observatoire pour la Protection des Défenseurs des Droits de l'Homme - 19 May 2006 Menaces à l'encontre de l'avocat Amine Sidhoum [ LINK ]

"[...] Turnout was low but correspondents in Algiers say this is not surprising as the real power lies with the president, the army and the intelligence services. The poll to elect 389 members of parliament is only the third multi-party vote in Algeria's history. [...]

The Islamic Salvation Front (FIS), which used to have massive popular support, was banned in 1992 when it was poised to win a general election and has not been allowed back into the political fold.

[...] Our reporter says that without the group's participation, power will remain where it has been -- with the president and the military. The main political group linked to the Berber-speaking areas in the northeast boycotted the polls. The election will not change the political landscape, our correspondent says, but is important as it shows Algerians value the ballot box more than the bullet or the bomb. [...]"

References: The Law on Associations, Law No. 90-31 of December 4th, 1990 [...] Article 2 - An association constitutes a convention guided by the law through natural persons or [corporate] bodies who assemble under a contractual basis and with a non-commercial objective. They assemble for this purpose for a limited or unlimited term their knowledge, their means for the advancement of activities of a professional, social, scientific, religious, educative, and cultural or sports nature. [...]

[...] Article 4 - Under the provision of Article 5 of this law, all individuals, having reached the age of majority, are permitted to create, administer or manage an association, if they - Possess the Algerian nationality, - Enjoy their civil and citizens' rights - Do not exercise activities which are contrary to the interests of the struggle for the national liberation.

Article 5 - The association is not considered an association if - It has been founded with a goal that is contrary to the existing institutional system, to the public order, to the customs and [the general] way of life or to existing laws and regulations, - Whose founding members do not fulfill the stipulated prerequisites of Article 4 of the present law. [...]

BBC News, Thursday, 17 May 2007 Low turnout in Algeria elections [ LINK ]

Peer Review Comments: It is forbidden for non-political associations to have political activities or to declare political positions; this field is reserved for political parties. But in practice, the government accepts and encourages political activities for associations that support it.

"[...] For a government like Algeria's, enacting a law that grants rights and freedoms is one thing; enforcing it is another thing completely. The few but essential rights and privileges that the Law on Associations grants are not respected by the administration or other parts of the government.

Unfortunately, it is not possible to conduct a representative field study on this subject among the directors of associations operating in Northern Algeria, because most of them will not discuss their experiences for fear of reprisals by the government. For this reason, I cannot be very specific in describing the five associations whose directors were willing to discuss this issue.

None of the five associations ever received a written confirmation of its registration, from either the local province or the Ministry of Interior. None of the associations was given any reason for the refusal to confirm registration. One director of a national association made more than ten visits to the Ministry of Interior to obtain the confirmation. She never received an explanation for the delay, but was continually promised that an official answer from the Ministry would arrive the following week. She is still waiting today - seven years after she filed the application.

The refusal to provide written confirmation naturally puts the concerned associations and their directors and members at a serious legal risk, as they effectively operate outside the law and can be shut down by the government at any time. This is especially true for two associations that operate in the human rights area. Not only were they refused confirmation of registration by the provincial government; they also experienced government interference when they tried to organize demonstrations and reunions. One association was continuously threatened with dissolution, but fought back somewhat successfully by threatening a press campaign in the event of a government-ordered shutdown. This organization has been waiting for more than three years for its official recognition as an association. [...]

References: The Algerian Law on Associations Within Its Historical Context The International Journal of Not-for-Profit Law, Volume 9, Issue 2, April 2007 Chafika Kahina Bouagache [ LINK ]

Peer Review Comments: There is not an association that works specifically in the field of anti-corruption. Transparency International has a local representative who has tried unsuccessfully to obtain agreement during many years, but his activities are tolerated as a working group with undefined status.

Peer Review Comments: In practice, no anti-corruption/good governance CSOs have been shut down by the government for their work on corruption-related issues during the study period.

Two cases are particularly illustrative of the problem: The first case describes the arrest of two officials of the political party FFS for "having distributed 'propaganda.'" Duration of detention: 3 days. The second case describes the arrest of two students under dubious circumstances. Duration of detention here: 12 days.

Case 1: The national secretaries Fekhar and Djelmani and other members of the national Socialist party FFS were prosecuted during 2005 and 2006 for activities contrary to the national interest and for inciting a gang-up. They were arrested and imprisoned for 3 days by the Gendarmerie and legal actions against them continued until December 17th, 2006. Part of the FFS's continuing campaign is to reform the activities of the government, and that includes specifically reducing of corruption within government agencies

Case 2: Youssef Belmouaz and Brahim Abed were arrested on November 26th and 27th by plainclothed military security agents (DRS). No information was given to the relatives except in the case of Belmouaz, where the local prosecutor confirmed that the arrest had been executed by the military security agency. Until the end of 2006, the two men remained missing. It is believed that the arrests were conducted under the pretense of terrorism due to the activities as members of local mosques.

Case 1 [...] Les faits : Les Secrétaires nationaux Kamel Eddine FEKHAR et Mohamed DJELMAMI ainsi que Hamou MESBAH, Khoudir DJAADI, Ali BABEKER Ali, responsables et militants du FFS à GHARDAIA sont une nouvelle fois convoqués le 17 décembre 2006 par le procureur près la cour de GUELMA. Les faits remontent au mois de mai 2005 : en déplacement de Annaba sur Ghardaïa, le véhicule de nos camarades est intercepté par la Gendarmerie nationale dans la localité de Kallat Bousbaa, wilaya de Guelma. Après une détention de 72 heures, dans les locaux de la Gendarmerie, ils sont présentés au procureur qui décide d'engager contre eux des poursuites judiciaires pour les chefs dinculpation : atteinte à lintérêt national et incitation à lattroupement. Ils doivent répondre de deux chefs dinculpation : possession de CD Rom dans lintention de « faire de la propagande de nature à porter atteinte à lintérêt national », apologie dacte dincitation à attroupement. Il sagit dans les faits de CD sur lesquels sont enregistrées les scènes de la fête qui a suivi la libération des détenus de Ghardaïa en avril 2005.

Case 2: [...] Youssef Belmouaz , né le 28 juillet 1985, a été enlevé le 26 novembre 2006 à 11h devant l'université de Tiaret où il est inscrit en 4 e année de sciences vétérinaires. L'enlèvement a été effectué devant de nombreux étudiants par des hommes armés en tenue civile circulant à bord d'un véhicule banalisé de marque Renault express. Deux jours après la disparition de son fils, M. Belmouaz s'est rendu au parquet général de la cour de Tiaret. Le procureur général lui a affirmé que « l'arrestation avait été opéré par la « sécurité militaire » (Département du renseignement et de la sécurité, DRS) d'Alger et qu'il devait s'adresser au procureur d'Alger pour obtenir des informations ». M. Belmouaz s'est adressé à deux reprises à ce dernier ainsi qu'au ministre de la Justice et au président de la commission consultative nationale pour les droits de l'homme (CCNPDH), organisation gouvernementale, pour les informer de la disparition de son fils et requérir leur intervention. A ce jour, il n'a obtenu aucune réponse ni des uns ni des autres.

Le lendemain, 27 novembre 2006 , Brahim Abed , technicien supérieur en informatique, né le 16 juin 1983, a été enlevé à 8 heures du matin sur la voie publique à 200 mètres de son domicile à Tiaret. Des hommes en tenue civile et armés circulant à bord d'un véhicule 4X4 de couleur blanche l'ont embarqué pour une destination inconnue. La famille a fait le tour de nombreux commissariats, gendarmeries, casernes et tribunaux, en vain. Dans ce cas aussi, en raison du mode opératoire et de l'absence totale d'informations à son sujet, il est à craindre que Brahim Abed ne soit séquestré dans des locaux du DRS. [...]

References: Communiqué d'information - FFS - Front des forces socialistes Alger le 13 December 2006 [ LINK ]

Les enlèvements suivis de disparitions n'ont pas cessé Algeria-Watch et Al-Karama for Human Rights, 6 March 2007 [ LINK ]

Peer Review Comments: Events described are not necessarily related to anti-corruption activities.

Peer Review Comments: In the past year, in daily life, no civil-society activists working on corruption issues have been imprisoned.

References: There were no media articles or other information, which reported on the assault of members of civil rights associations during 2006.

References: There were no media articles or other information which reported on the killing of members of civil rights associations in Algeria during 2006.

References: Algerian Constitution of 28 November 1996 [...] Art. 43 - The right to create associations is guaranteed. The State encourages the development of associative movement. The law defines the conditions and clauses of the creation of associations.

The Law on Associations, Law No. 90-31 of December 4th, 1990 Title 1 - General Dispositions Article 3 - Unions, federations and confederations of associations constitute associations in the sense of the present law.

Title II - Constitution, Organization and Functioning of Associations Chapter 1: Constitution Article 4 - Under the provision of Article 5 of this law, all individuals, having reached the age of majority, are permitted to create, administer or manage an association, if they - Possess the Algerian nationality, - Enjoy their civil and citizens' rights - Do not exercise activities which are contrary to the interests of the struggle for the national liberation. [...]

Peer Review Comments: Traders have two opportunities to create associations: under syndicate law as employers, or under association law. The texts related to state emergency considerably restrict this right.

References: Website of "Appel Algérie" - an organization that assembles various independent Algerian and French unions: [ LINK ]

Article of El Watan from 29 May 2006 Universités. Un responsable du CNES arrêté. [ LINK ]

Communiqué Soutien au syndicat algérien snapap et à ses militants ! Union syndicale Solidaire Mis en ligne le dimanche 8 juillet 2007 [ LINK ]

The interview with the NGO official took place in June of 2007. The person prefers to stay anonymous.

Peer Review Comments: The Union Generale des Travailleurs Algeriens is not an association, but a federation of syndicates. It was created and continues its activities under labor law, not under association law. UGTA is largely supported, financially and by other means, by the government. This entity monopolizes representation of workers.The government continues to refuse to give an agreement to other federations of syndicates.