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Freedom of Association in Algeria |
Summary Report
| Civil society landscape |
| Legislation |
Algeria, as a French department, was subjected to colonial rule until it gained independence on July 5 1962. During the colonial period, the associative movement was basically restricted to the European elites in urban areas. However, taking advantage of the French Law on associations of 1901, several associations were created and run by Algerians from the 1920s onward. During that period, a number of Muslim, sporting, cultural or musical associations existed and sometime prospered in the shade of the colonial institutions provisions. A number of them, such as the Muslim Boy Scouts, were even to serve as a springboard to the national liberation movement.
It is in 1964 that the liberal spirit of the Law of 1901 was to be curbed for the first time by the Algerian government. A decree of March 2, 1964, instructs prefects “to impede the formation of associations that, under the guise of social, cultural or artistic activities, tend to pursue political ends that undermine the internal and external security of the State.” Authoritarianism was infringing on several decades of liberalism.
Starting with the “Berber Spring” of 1980 and the riots of October 5, 1988, the era of one-party rule was at last to recede into the distance. Hundreds of cultural associations devoted to the defence of Berber culture and/or language were to flourish from the 1980s onward.
At the same time, a liberal wing that was developing within the ruling party, the FLN, called for “less government control for a better future”. In July 1987, the minister of the Interior had to defend the principle of a new legislation on association before a hostile parliament exclusively composed of deputies from the FLN, staunchly opposed to pluralism in the social and cultural sphere. This modest reform was soon followed by Law n° 90-31 of December 4, 1990, still in force.
The Law of 1990 was greeted with enthusiasm, and associations of all types came into being. Aside from the traditional sporting, cultural, social, religious and charitable organizations, others devoted to the environment, sustainable development, ecology, human rights, national identity, were also created.
The first free and pluralistic elections since Independence were to take place in June of the same year. Drawing its popularity in part from the thousands of religious associations dedicated to the construction and management of mosques, the Front islamique du salut won the elections by a large margin.
Following this period of great dynamism, euphoria and conflicting social trends, the associative movement, like the rest of Algerian society, was to experience a long period of hibernation during the civil war that broke out in the aftermath of the victory of the Front islamique du salut (FIS) at the parliamentary elections of 1991, that was to cost more than 200,000 lives1 .
By presidential decree, a state of emergency was declared for a period of 12 months on February 9, 1992, and prolonged for an indefinite period in 1993. This maintenance of the state of emergency, which granted extensive powers to the authorities, in particular the military, had disastrous consequences for the associative movement. In the name of public order, public events and meetings were prohibited and newspapers were suspended or suppressed.
Associations devoted to the defence of human rights were to suffer even more in the aftermath of the adoption, through referendums held in 1999 and 2005, of the Law on civilian concord and the Charter for peace and national reconciliation. The Charter granted amnesty to a large number of individuals responsible for major human rights violations. Furthermore, article 46 of Edict n° 06-01 (February 17, 2006) states that anyone who, by his/her declarations, writings or in any other way exploits the national tragedy to undermine the institutions of Algeria, weaken the state, harm the reputation of its agents who have served the country with dignity, or tarnish the image of Algeria internationally, is liable to a term of imprisonment of 3 to 5 years and a fine of 250,000 to 500,000 dinars.
This law in fact criminalizes to a large extent the activities of human rights organizations and groups who attempt to shed light on the disappearance of their loved ones as the collectifs des familles de disparus.
Those who study the associative movement in Algeria draw a pessimistic picture of the present situation and point in particular to the institutional barriers deliberately put in place to prevent civil society from developing its autonomy and competencies.
The existing associations are deemed to be excessively dependent on the government. Instead of looking critically at the shortcomings of Algerian society and institutions, some associations tend to follow the lead of well-known political leaders, thus favouring the strengthening of “institutional clientelism” aimed at the mere allocation of resources.
Those among the associations that have chosen the path of confrontation or the promotion and defence of human rights are few in number and marginalized. For refusing to be mere mouthpieces of the government, they are closely watched by the authorities.
The first Constitution of Algeria (1963) proclaimed the determination of the country to enshrine freedoms: freedom of the press, freedom of association, freedom of speech, etc. (Article 19). Yet, the government of the period dissolved associations, prohibited political parties and closed newspapers. Later governments will take their cue from those early abuses. As early as 1964, intellectuals of the FLN were promoting the concept of the one-party state, which was later enshrined in the Charter of Alger.
The Edict of December 3, 1971, states that prior registration is mandatory for all associations. The head of department accepts or refuses registrations and closely oversees the activities of all associations. The reasons behind this authoritarian legislation was the decision to implement an agrarian reform and nationalize private land (the government feared the hostility of the zaouias, religious brotherhoods well entrenched in the countryside), and the growing unrest that took place in 1970 and 1971 on university campuses in Alger and Oran. The government used the pretext of “external threat” and the action of the “irreducible enemies of the Revolution” to launch a systematic assault against the associative movement. All the associations (with the exception of professional associations) were to be treated with distrust and subjected to permanent, arbitrary administrative control and closely watched by the prefects and the Ministry of the Interior.
The Constitution of 1976, adopted in the aftermath of the proclamation of the National Charter, reflects a much less optimistic outlook than the Constitution of 1963. Freedom of association is recognized but not guaranteed, and the exercise of that freedom is subjected to legislation. Human rights organizations will have to face the structural hostility of the one-party state and the FLN constant interferences in all aspect of associative life.
The present legislation on associations was adopted in December 1990. Another law, regulating associations of a political nature, had been adopted in July 1989.
The Algerian government recently signed the International Convention for the Protection of All Persons from Enforced Disappearance. Adopted by consensus by the General Assembly of the U.N. in December 2006, this new legal instrument could facilitate the work of Algerian associations who wish to air their grievances internationally and give a new life to their action on arbitrary or secret detentions in Algeria.
1 – Does the system allow for non-declared or unincorporated associations?
Nowhere is it mentioned in Law n° 90-31 (1990) 2 that associations may be set up without prior authorization and formalities. As a consequence, non-declared or unincorporated associations are not authorized. In practice, restrictions to the freedom to form associations have been institutionalized in Algeria. For instance, SOS Disparu(e)s, has not been able to register despite repeated efforts, including in 2003, when it submitted a request to regularize its situation to the head of the regulatory department of the district of Alger.
2 – Is the registration system based on licensing or simple information /notification?
The Edict of 1971 set forth that an association is legally recognized only once it has been granted accreditation by the prefect or the Ministry. This procedure allows the authorities to refuse accreditation to any association that is deemed “harmful”.
Article 7 of Law n° 90-31 (1990) states that the status of an association is “regularized” only once it has fulfilled the following three formalities:
- Deposit of a declaration of incorporation before the authorities;
- Issuance of a receipt of registration within 90 days of the deposit of a declaration;
- Publication of an incorporation notice in a national newspaper.
3 – What are the base upon which registration can be rejected (e.g. race, security, religion, and politics)?
Article 7 of Law n° 90-31 provides that only a “verification of conformity to this Law” is necessary. However, Article 4 states that an association may not be accredited if its founding members:
- are foreign nationals;
- do not enjoy civil rights;
- had a conduct that was detrimental to the interests of the struggle for national liberation – an easy way to delay the creation of an association, moreover, most people involved with the associative movement nowadays are less than 30 years old.
In the absence of regulatory norms, government officials act on a case by caser basis, often under instructions from the Ministry of the Interior. The Algerian press has often aired the grievances of the founders of associations that were never issued the obligatory receipt of accreditation. A certain number of associations operate under the permanent threat of arbitrary administrative or judicial sanctions provide for by Article 45 of the Law.
4 – How easy or difficult is the registration (e.g. time, cost, number of incorporators)?
Article 9 and 23 of Law n° 90-31 specify the elements that must be included in the statutes of an association, as well as a list of the documents that must be deposited under pain of nullity. To this day, the Prefectures still issue ready-made statutes.
The declaration must be submitted to the Prefecture, in the case of local association, or to the Ministry of the Interior, in the case of associations of a national or inter-departmental scope. If, within a 60-day period, the authority responsible considers that the registration is contrary to the law, it must refer the case to the administrative section of the appeal court, at the latest 8 days before the end of the 60-day period. Failing that, the association is deemed duly registered.
In practice, numerous associations have had their registration requests rejected for irregularity despite the fact that their case had not been referred to the appeal court by the prefecture, as the law provide for. Furthermore, local associations that were operating well before the adoption of Law n° 90-31 were nevertheless ordered, for obscure fiscal reasons, to request a new receipt of registration.
A study of 446 associations operating in 24 Prefectures has found that, of 75,000 declared associations accredited by the Ministry of the Interior or local authorities, only 1,500 were active at the national level.3 The study also revealed that many prominent associations were created at the initiative of the authorities and were subservient to the authorities that they served without demur.
5 – Are there effective remedies in the cases where registration is denied, delayed (e.g. judicial, administrative)?
There are no remedies others than the one provided for by the law when the authorities (Prefecture or Ministry of the Interior) have decided to refuse a request for registration (see question 4)
6 – Does registration automatically entail obtaining separate legal entity?
The association is deemed to be a legal entity and possess legal capacity the moment it is incorporated (Article 16). It may exercise this legal capacity as long as the legal proceedings initiated are related to the purpose of the association set forth in the statutes, and that the interests of the association or those of its members are at stake. It may also sign contracts that are related to the purpose (objet) of the association or acquire moveable or immoveable assets by donation or purchase, as long as they are needed for its operations.
7 – Are there other viable alternatives if the right to freely form and incorporate an association is denied (e.g. incorporate as a company, a trust, a Wakf)
There are not legal alternatives to the association. A number of entities operate under the name foundation, but they are subjected to the same legislation.
Up to 1987, the government could suspend an association without having to go through the judicial courts. Since the liberalization of the late 1980s, the government must, to a certain extent, defer to the judiciary. .
Article 32 of Law n° 90-31 (1990) states that, at the request of the authority responsible, the courts may order an association to suspend its activities if it is deemed that those activities are in breech of the law or are not compatible with the purpose of the association set forth in its statutes. Such conduct may also result in the judicial dissolution of the association (Article 35). Article 5 also states that an association is ipso facto dissolved if it is founded on goals that contravene the established institutional system, public morality or the law.
According to the testimony of actors of the associative movement 4, when an appeal is lodged in a case of judicial suspension, any transfer of assets to the association is suspended. The premises of the association may be shut down the moment the authorities submit a case to the courts. Lastly, foreign associations, and only those, must cease their operations the moment they are advised of the suspension or withdrawal of their accreditation (Article 44).
The law provide for a penalty of three months imprisonment and a fine of from 50,000 to 100,000 dinars for anyone who attempts to reactivate a non-accredited, suspended or dissolved association. In practice, dozens of local or national associations operate without having obtained their accreditation.
1 – What is the extent of the freedom of members to draft and amend their own structures and by-laws and to determine their own object? (Are such documents imposed? To what extent?)
Article 23 of Law n° 90-31 set forth the elements that the statutes must contain. The founding members may not deviate from this provision.
Since the Edict of 1971, there has been no change in the government’s attitude on the issue of the set purpose (objet) of the association. Under Article 5 of Law n° 90-31, no association may exist if its purpose contravenes the established institutional system, public order, public morality or existing regulations. This provision gives much leeway to the authorities to reject any incorporation request or to compel it to redefine its purpose.
2 – How strict is the level of freedom of members to adhere to or leave associations?
Article 25 of Law n° 90-31 states that, in order to become a member of an association, one must sign a membership declaration that must be confirmed in a document issued by the association. This may cause a difficulty for associations that lack logistical means or for candidates who are hesitant to sign a document confirming their membership because of the consequences that may result.
The authorities reserve the right to verify that the founding members are Algerian nationals, are in possession of their civil rights and, above all did not have a conduct that was detrimental to the interests of the struggle for national liberation.
3 – Is there any interference in the corporate bodies: e.g. attendance of meetings (Board, General assemblies, elections) by “supervisors”?
If one looks at the legislation, there is no interference but, in practice, one cannot fail to notice that the most dynamic associations, those that are well endowed with offices and publications, are those whose membership is more closely linked to the government and ruling party.
4 – Are there any restrictions (legal or de facto) promoting limiting or banning participation of women in associational offices (e.g. Board)?
Article 24 of Law n° 90-31 prohibits the insertion of discriminatory provisions in the statute of associations, as well as discrimination between members. It should be noted however that women account for only 16% of the membership of associations.5
5- Are there any interference in the freedom of association to decide on projects and activities? If yes, how and why?
It seems quite obvious that the authorities, be it at the local or national level, do not hesitate to intervene directly to obtain the overt support of associations for the policies of the government. For instance, the families of victims of “Islamic terrorism” have been strongly pressured to adopt the government line of “national reconciliation” in their resolutions and to refrain from expressing strong anti-Islamic thoughts.
Furthermore, the Charter for peace and national reconciliation and its enabling regulations contravene on many points the fundamental rights guaranteed by the International Covenant on Civil and Political Rights that Algeria has undertaken to respect.
6 – Is the association’s right to freely assemble or organize private and public meetings and to move freely (including international travel) restricted in any way?
On February 7, 2007, the government prohibited the holding of the international Seminar on enforced disappearances and transitional justice, organized in Alger by Algerian and international human rights NGOs. This “Seminar for Truth, Peace and Conciliation” was to focus on the various truth and justice commissions established across the world. This attitude exemplifies the determination of government officials such as prefects to prohibit public meetings organized by local NGOs.
According to Farouk Ksentini, president of the CNCPPDH 6, Algeria still lives under the state of emergency, and therefore, no public meeting or event of any kind may be held without the prior consent of the Ministry of the Interior and the local authorities7.
7 – Are associations subject to specific limitation on their right to freely communicate (e.g. access to media, to publish and develop internet sites)?
Article 19 of Law n° 90-31 states that an association may publish and distribute bulletins and brochures “in line with its purpose”. The last part of the article is worded in such a way that it gives the authorities the excuse to interfere with the management and activities of an association, under the pretext that a related action of the association is incompatible with its stated purpose (objet social). Thus, an NGO active in the field of domestic violence could be prohibited from publishing a brochure that would be critical of certain provisions of the Family Code.
Moreover, Article 19(2) states that Algerian association must publish their main bulletin in Arabic.
However, those two measures are not applied in practice and many NGOs continue to communicate in the language that their officials best master. Furthermore, many NGOs develop humanitarian activities and promote them in their brochures, even if those activities are not in conformity with the purpose stated in their statutes.
Following the distribution of a handout in Alger, a member of SOS Disparu(e)s was arrested on the 14th of September 2005 when returning home after a weekly meeting. He was kept in police custody for four hours and later indicted for “possession of a handout that is detrimental to national interest”. Yet, the incriminated handout merely stated the legitimate demands of the families of disappeared persons. The individual was later placed on probation.
8 – Is the freedom of associations to cooperate and network with others limited (both domestic and international)?
Nothing in the legislation forbids NGOs from networking, and it appears that in certain regions, a number of NGOs have even put their resources in common.
During the last several years, a certain number of French NGOs have established partnerships with Algerian NGOs involved in social work, public health, youth recreational activities, educational work, without interference from the Algerian authorities.
There are exceptions though, such as when the Algerian government refused in September 2005 to grant entrance visas to foreign participants of the national congress of the Ligue algérienne pour la défense des droits de l’Homme (LADDH) that was taking place in Bourmerdes.
9 – Is the participation of associations sought for opinion or participation in deciding on public interest issues? What is the nature and level of such consultations?
The political establishment is not interested in associations that are unlikely to promote or support its policies and initiatives. The associative movement is still seeking recognition and social legitimacy. Local authorities are still highly bureaucratic in outlook and do not seek to involve civil society when they draft their work programs.
1 – Are there any limitation on the rights of associations to receive and own property and funds? How?
The Law n° 90-31 (1990) allows now NGOs to own assets and funds other than membership dues.
Article 26 states that the resources of an association comprise subscription dues, income derived from its activities, donations and any funds that the central, regional or municipal governments may decide to grant.
Associations are allowed to use the funds derived from fund-raising campaigns, as long as they abide by the provisions on laws and regulations on the matter. Thus, after each fund-raising campaign, they must declare the amount collected to the authorities.
2 – Are there limitations on the rights of associations to use the funds, other than by the conditions of their granting?
Associations recognized as being in the public interest are not permitted, unless specifically authorized, to use the funds they received from the government for any other uses than those enumerated in their stated objective (Article 30 and 31 of Law n° 90-31).
Article 46 provides for jail penalties for those who use the assets of the association for their own ends or for ends other than those specified in the statutes.
Finally, associations must regularly provide the authorities with information on the source of their financial resources and, generally, on their financial situation (Article 18). Refusal to supply such information is punishable by a fine of 2,000 dinars (Article 47).
3 – Are there specific limitations on receiving foreign funds?
Associations that wish to receive donations from foreign organizations must obtain prior authorization from the government, supply information on the donors and the amounts involved and show that these funds will be used to pursue the stated objectives of the association.
4 – How effectively are these limitations on funding enforced?
Associations are not allowed to draw an income from activities other that those set forth in their statues.
5 – Are public funds made available to associations? How? Are these processes prone to discrimination?
Associations may receive financial assistance from the various levels of government (central, departmental, municipal). However, this source of funding is quite limited due to lack of resources and the lack of publicity and knowledge about the procedure to access such funding.
Read the recommendations
[1] See estimations of international human rights organizations such as Amnesty International, Human Rights Watch and the International Federation for Human Rights (FIDH) Back to text
[2] Law n° 90-31 of December 4, 1990, on the freedom of association. Back to text
[3] Onar Derras, Le phénomène associatif a l’ombre des réformes en cours en Algérie : réalités et perspectives, CRASC, Insanyat 28 (April-June 2005). Back to text
[4] Cf. Radio program « De fil en aiguille », Algier, Chaîne 3, hosted by Maya Zerrouki . Back to text
[5] Ibid. Back to text
[6] The National Consultative Commission for promotion and protection of Human Rights. Back to text
[7] L’Expression of 02/11/07: « Colloque sur les disparitions forcées : Ksentini justifie l’interdiction ». Back to text
Bachir Dahak
"Even private owners hesitate to rent their premises to associations who are known for their spirit of revolt or anti-conformism" Read the interview
