Global Integrity Report

The Global Integrity Report (report.globalintegrity.org)

Algeria Home

Facts

Timeline

Notebook

Integrity Scorecard

2007 Assessment

Algeria: Integrity Indicators Scorecard

Algeria: Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
52	In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?	100
53	Is the national ombudsman effective?	16
54	Can citizens access the reports of the ombudsman?	0

Indicator and sub-Indicator Details

In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

52: In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

Score:

YES

Comments: The above-mentioned decree establishes the "Commission nationale consultative de promotion et de protection des droits de lHomme" as the national ombuds-agency. The agency is little known and in practice not effective, but in law it does exist.

References: "Commission nationale consultative de promotion et de protection des droits de lHomme" Presidential Decree 01-71 of 25 March 2001 PRESIDENCE DE LA REPUBLIQUE JO N° 18 du 28 Mars 2001, Page 5 Chapter 1 - General Dispositions

Peer Review Comments: I reserve my position that the "Commission Nationale Consultative de Promotion et de Protection des Droits de l'Homme" should not be considered an ombudsman.

Peer Review Comments: I have serious doubts if one can consider the "Commission Nationale Consultative de Promotion et de Preotection des Droits de l'Homme" as the national ombudsman. I really doubt if Algeria has an experienced body with the authority to inquire into and judge grievances of citizens against the executive branch of government.

Is the national ombudsman effective?

53a: In law, the ombudsman is protected from political interference.

Score:

YES

Comments: The above-mentioned decree underlines the financial and administrative independence of the commission, but re-affirms nevertheless that it is placed "next to" the President of the republic, who appoints the head of the agency. Furthermore, representatives of several ministries are members of the commission.

53b: In practice, the ombudsman is protected from political interference.

Score:

100

Comments:

References: Interview with a freelance journalist, who wishes to remain anonymous. Date: August 2007.

Peer Review Comments: Members of the Commission Consultative de Protection des Droits de l'Homme are selected by government and heads of state. Then they can be independent and cannot be protected from political interference.

53c: In practice, the head of the ombudsman agency/entity is protected from removal without relevant justification.

Score:

100

Comments:

References: Interview with a freelance journalist, who wishes to remain anonymous. Date: August 2007.

Peer Review Comments: The president is designated by heads of state.

Peer Review Comments: Not applicable.

53d: In practice, the ombudsman agency (or agencies) has a professional, full-time staff.

Score:

100

Comments:

References: Interview with a freelance journalist, who wishes to remain anonymous. Date: August 2007.

Peer Review Comments: There is a permanent secretariat.

Peer Review Comments: Not applicable.

53e: In practice, agency appointments support the independence of the ombudsman agency (or agencies).

Score:

100

Comments:

References: Interview with a freelance journalist, who wishes to remain anonymous. Date: August 2007.

53f: In practice, the ombudsman agency (or agencies) receives regular funding.

Score:

100

Comments:

References: Interview with a freelance journalist, who wishes to remain anonymous. Date: August 2007.

Peer Review Comments: Not applicable.

53g: In practice, the ombudsman agency (or agencies) makes publicly available reports.

Score:

100

Comments:

References: Interview with a freelance journalist, who wishes to remain anonymous. Date: August 2007.

53h: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The agency is fair in its application of this power. <p>50 Score Criteria: The agency will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The agency, though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The agency rarely investigates on its own or cooperates in other agencies\' investigations, or the agency is partisan in its application of this power.$

Comments:

References: Interview with a freelance journalist, who wishes to remain anonymous. Date: August 2007.

Peer Review Comments: Not applicable.

53i: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) imposes penalties on offenders.

Score:

100

Comments:

References: Interview with a freelance journalist, who wishes to remain anonymous. Date: August 2007.

53j: In practice, the government acts on the findings of the ombudsman agency (or agencies).

Score:

100

$Scoring Criteria :: 100 Score Criteria: Ombudsman\'s reports are taken seriously, with negative findings drawing prompt corrective action. <p>50 Score Criteria: In most cases, ombudsman\'s reports are acted on, though some exceptions may occur for politicalally sensitive issues, or particularly resistant agencies. <p>0 Score Criteria: Ombudsman reports are often ignored, or given superficial attention. Ombudsman reports do not lead to policy changes.$

Comments:

References: Interview with a freelance journalist, who wishes to remain anonymous. Date: August 2007.

53k: In practice, the ombudsman agency (or agencies) acts on citizen complaints within a reasonable time period.

Score:

100

Comments:

References: Interview with a freelance journalist, who wishes to remain anonymous. Date: August 2007.

Can citizens access the reports of the ombudsman?

54a: In law, citizens can access reports of the ombudsman(s).

Score:

YES

Comments: The decree does not grant public access to the reports of the agency.

References: Presidential Decree 01-71 of 25 March 2001 PRESIDENCE DE LA REPUBLIQUE JO N° 18 du 28 Mars 2001, Page 5

Peer Review Comments: The publication of the report can be authorized by the president of the republic.

54b: In practice, citizens can access the reports of the ombudsman(s) within a reasonable time period.

Score:

100

Comments:

References: Interview with a freelance journalist, who wishes to remain anonymous. Date: August 2007.

54c: In practice, citizens can access the reports of the ombudsman(s) at a reasonable cost.

Score:

100

Comments:

References: Interview with a freelance journalist, who wishes to remain anonymous. Date: August 2007.