Advocating for Enhanced Freedoms: Call to Remove Unjust Restrictions on Algerian Associations

Algeria’s New Associations Law Draws Fire from Human Rights Groups

February 29, 2024

Beirut – A new draft law in Algeria is sparking concern among international human rights organizations, who warn it will severely curtail the ability of Civil Society groups to operate independently. The proposed legislation, intended to replace the existing 2012 law, is seen as a step backward for Freedom of Association in the North African nation.

Increased Government Control

The draft bill, currently under consideration by Parliament, grants the Interior Ministry extensive authority over the formation, funding, and activities of associations. Critics argue this level of control undermines the constitutional right to Freedom of Association, as it requires prior government permission for associations to form. The current 2012 law already imposes burdensome registration requirements, and this new version fails to address those shortcomings.

Since the onset of the Hirak protest movement in 2019, Algerian Civil Society organizations have experienced increasing restrictions. the government has banned public gatherings, targeted human rights defenders, and dissolved prominent groups like Rassemblement Actions Jeunesse (RAJ) and the Algerian League for the Defense of Human Rights. this trend, rights groups say, is exacerbated by the proposed legislation.

Restrictions on Association Activities and Funding

The bill narrowly defines an association’s purpose, limiting it to “support to public authorities” in implementing state policies – a restriction that fundamentally clashes with the concept of an self-reliant civil Society. Moreover, it includes vague requirements to align with “national values” such as “national unity” and “territorial integrity,” which can be arbitrarily applied to stifle dissenting voices.

The draft law also severely restricts financial dealings. organizations are prohibited from receiving funding from political parties, and foreign funding requires authorization from the Interior Ministry. Donations exceeding 1,500,000 Algerian dinars (approximately USD$11,550) require a “certificate of compliance,” adding another layer of bureaucratic hurdles.

Stringent Registration Requirements and Membership Rules

Establishing an association under the new law will remain complex.It requires convening a general assembly with a bailiff present and a minimum of 10 founders for municipal associations or 25 for national organizations, spread across several regions. A notably concerning provision disqualifies individuals with prior criminal convictions from being founding members,effectively barring many activists who have faced charges for exercising their rights.

Requirement	Current law (2012)	Proposed Draft Law
Prior government Permission	Required	Required
Minimum Founders (Municipal)	Not Specified	10
Minimum Founders (National)	Not Specified	25 (across regions)
Criminal Record Disqualification	No	Yes
Foreign Funding Approval	Required	Required

Did You Know? Algeria ratified the African Charter on Human and Peoples’ Rights in 1987, which outlines more lenient requirements for establishing an association – specifically, no more than two founders are needed.

International Concerns and Calls for revision

Human rights organizations are urging Algerian authorities to abandon the current draft and rather create a new law aligned with international standards. They emphasize the importance of a legal framework that allows Civil society groups to operate freely, without fear of reprisal or undue government interference.

“The draft bill on associations should be entirely revised in consultation with Civil Society to remove restrictive provisions,” said Bassam Khawaja, Deputy Middle East and North Africa Director at human Rights Watch.

The Importance of Freedom of Association

freedom of Association is a basic human right, essential for a healthy democracy. It allows citizens to collectively express their views, advocate for their interests, and hold their governments accountable.Restrictions on this right can stifle public discourse, limit civic participation, and undermine democratic processes.

Pro Tip: Staying informed about legislative changes impacting Civil Society is vital for organizations seeking to operate effectively. Regularly monitoring news sources and human rights reports can help you anticipate and respond to potential challenges.

frequently asked Questions

• What is Freedom of Association? It’s the right of individuals to come together and form groups to pursue common interests, without undue government interference.
• Why is the new Algerian law controversial? the draft law is seen as granting the government excessive control over Civil Society organizations, restricting their operations and independence.
• What are the potential consequences of these restrictions? A stifled Civil Society can lead to reduced accountability, limited public participation, and a weakening of democratic processes.
• How does this law compare to international standards? The draft law falls short of international standards, such as those outlined in the African Charter on Human and Peoples’ Rights, which advocate for more lenient requirements for establishing associations.
• What are human rights groups recommending? They urge Algerian authorities to revise the draft law in consultation with Civil Society to ensure it aligns with international human rights standards.

What impact do you think these changes will have on the Algerian Civil Society landscape? How can international organizations best support Algerian activists facing increased restrictions?

What specific amendments to Law 12-06 would effectively reduce government discretion and enhance association freedoms?

The Current Landscape of Association law in Algeria

Algeria’s association law, governed primarily by Law 12-06 relating to associations, has become a meaningful impediment to civil society development. While ostensibly designed to regulate non-governmental organizations (NGOs) and associations, its implementation has resulted in undue restrictions on fundamental freedoms of assembly and expression.These restrictions directly impact the ability of Algerian citizens to organize, advocate for their rights, and participate fully in the democratic process.The law’s ambiguity and discretionary application create a chilling effect, discouraging legitimate civil society initiatives.Key concerns include:

* Complex Registration Procedures: The process for registering an association is notoriously lengthy and bureaucratic,often involving repeated requests for additional documentation and subjective interpretations of legal requirements.

* Restrictions on Funding: Regulations surrounding foreign funding are particularly stringent, creating significant obstacles for associations reliant on international support for their activities. This impacts areas like human rights advocacy, environmental protection, and social welfare programs.

* Government Oversight & Control: The law grants extensive powers to the government to oversee and potentially interfere with the activities of associations, including the ability to suspend or dissolve them.

* Limited Scope for Independent Action: The requirement for associations to declare their activities in advance and obtain authorization for certain events severely limits their ability to respond quickly to emerging issues or engage in spontaneous advocacy.

specific Restrictions and Their Impact

the impact of these restrictions is far-reaching. Associations working on sensitive issues – such as human rights, political reform, and freedom of expression – are particularly vulnerable.

Human Rights Organizations

Human rights NGOs face constant scrutiny and harassment. Reporting on issues like torture, arbitrary detention, and freedom of speech is often met with obstruction and intimidation. The lack of legal protection for human rights defenders further exacerbates the situation.

Independent Media & Advocacy Groups

Associations promoting independent journalism and freedom of the press are also heavily targeted. Restrictions on funding and the threat of legal repercussions stifle critical reporting and limit public access to data. This directly undermines the principles of a free and open society.

Cultural Associations & Artistic Expression

Even cultural associations and artistic groups are not immune. Restrictions on public gatherings and artistic expression can stifle creativity and limit opportunities for cultural exchange. This impacts Algeria’s vibrant cultural heritage and its ability to engage with the international community.

Case Studies: Illustrating the Challenges

Several cases highlight the difficulties faced by Algerian associations.

* Ligue Algérienne pour la Défense des Droits de l’Homme (ADDH): The ADDH,a prominent human rights association,has repeatedly faced obstacles in its registration and operation,including bureaucratic delays and accusations of receiving unauthorized funding.

* Rassemblement Action Citoyen (RAC): This citizen’s movement faced significant challenges in obtaining legal recognition, highlighting the difficulties faced by groups advocating for political reform.

* Journalists and Media Outlets: Numerous independent journalists and media outlets have been subjected to legal harassment and intimidation, often stemming from their reporting on sensitive issues.

International Standards and Algerian Obligations

Algeria is a signatory to several international human rights treaties that guarantee the rights to freedom of association and expression. These include:

* the International covenant on Civil and Political Rights (ICCPR): Article 22 of the ICCPR explicitly protects the right to freedom of association.

* The African Charter on Human and Peoples’ Rights: This charter also recognizes the right to freedom of association.

Algeria’s obligations under these treaties require it to ensure that its association law and its implementation are consistent with international standards. The current restrictions violate these obligations and undermine Algeria’s international reputation.

Benefits of a More Open Civil Society

Removing unjust restrictions on Algerian associations would yield significant benefits:

* Strengthened Democracy: A vibrant civil society is essential for a functioning democracy, providing a platform for citizen participation and holding the government accountable.

* Improved Human Rights: Independent associations play a crucial role in monitoring and advocating for human rights, contributing to a more just and equitable society.

* Economic Development: Civil society organizations can contribute to economic development by providing social services, promoting entrepreneurship, and advocating for policies that support sustainable growth.

* Enhanced Social Cohesion: Associations can foster social cohesion by bringing together people from different backgrounds and promoting dialog and understanding.

Practical steps Towards Reform

Several concrete steps can be taken to address the current situation:

1. Amend Law 12-06: The association law should be amended to remove ambiguous provisions and reduce the discretionary powers of the government.
2. Streamline Registration Procedures: The registration process should be simplified and made more clear, reducing bureaucratic delays and subjective interpretations.
3. Relax Restrictions on Funding: Regulations surrounding foreign funding should be relaxed, allowing associations to access the resources they need to operate effectively.
4. Protect Human Rights Defenders: legal protections should be provided for human rights defenders, ensuring that they can carry out their work without fear of reprisal.
5. Promote Dialogue: