(Beirut) – Algerian authorities should end excessive control over civil society groups and parliament should enact a new associations law based on international human rights standards, eight human rights organizations including Human Rights Watch said today. A preliminary draft bill currently under consideration to replace the existing 2012 law would further undermine the right to freedom of association.
The draft bill, reviewed by the organizations, does not address provisions in existing law that violate the right to freedom of association and instead introduces additional restrictions and strengthens government control over organizations in the country. It does not allow associations to form without prior government permission as the constitution requires. Authorities should shelve the bill instead of presenting it to parliament, the organizations said.
“Algerian authorities should cease erecting roadblocks that prevent associations from operating freely,” said Alexis Thiry, legal advisor at MENA Rights Group. “Rather than addressing shortcomings in Algeria’s associations law, the draft bill would make the situation even worse.”
Civic organizations in Algeria have faced a crackdown and growing restrictions since the onset of the Hirak protest movement in 2019. The authorities have banned public and political gatherings, targeted human rights groups and defenders, and dissolved two prominent groups: the Rassemblement Actions Jeunesse (the Youth Action Rally or RAJ) and the Algerian League for the Defense of Human Rights. The 2012 law currently in place includes overly broad and vague provisions and imposes burdensome registration and operating procedures on associations.
The draft bill would grant the Interior Ministry sweeping authority over the creation, function, and financing of associations as well as a virtually unlimited control over their activities. It has not yet been officially introduced in parliament.
The bill sets out arbitrary restrictions on associations’ purpose and activities. It narrowly defines an association’s purpose as “support to public authorities … to implement public policies,” which contradicts the very principle of an independent civil society. It requires associations to conduct activities with respect for national values such as “national unity and territorial integrity,” and “the fundamental components of national identity,” vague terms that could be used to arbitrarily restrict an association’s work.
The text forbids organizations from maintaining “any relationship” with political parties or receiving financial assistance from them, as does the 2012 law. Foreign funding would be subject to authorization by the Interior Ministry or a governor and any donation or bequest to a national association exceeding 1,500,000 Algerian dinars (approx. USD$11,550) would require “a certificate of compliance.”
The bill maintains stringent requirements for establishing an association. It requires convening a general assembly in the presence of a bailiff and a minimum of 10 founders for municipal associations or 25 founding members living in at least one-third of the country’s governorates for national associations.
All founding members would have to be Algerian citizens who have never been convicted of a criminal offense, which would bar many civil society actors who have been convicted in recent years for exercising their fundamental rights.
These requirements contravene the African Charter on Human and Peoples’ Rights ratified by Algeria in 1987, and the Guidelines on Freedom of Association and Assembly in Africa, which hold that “no more than two people shall be required to establish an association” free from discrimination and that “past criminal conviction alone shall not prevent an individual from founding an association.”
The draft bill also imposes a cumbersome registration system, similar to the current law. The bill requires groups to submit certain documents for authorities to review and issue a registration receipt within 30-60 days. The receipt must then be published in at least one newspaper within 30 days. If authorities do not issue the receipt within the allotted time, the association would be considered legally registered but could not conduct activities. In practice, many human rights organizations have faced insurmountable difficulties in obtaining registration receipts.
The Guidelines on Freedom of Association and Assembly in Africa state that “associations shall immediately receive official documents confirming their registration.”
Under the bill, the authorities could deny an association’s formation based on a “reasoned decision,” which could only be appealed before a court. To open an office, an association would be required to notify the relevant governor, who could oppose this on public order and security grounds.
The draft law would also retain restrictions on foreign associations, hindering their ability to operate freely, granting the Interior Ministry sweeping control, and contravening the African guidelines. Cooperation between Algerian associations and foreign associations or international organizations would be subject to vague provisions such as respect for “national values and fundamental principles.” Whether an international group could establish an office in Algeria would depend on “friendly relations” between Algeria and the group’s country of origin. An association with foreign members would require “friendship or cooperation agreements between Algeria and the countries of the founding members.” Both would be subject to Interior Ministry approval, revocable at any time. The text does not specify an appeal procedure should the Ministry refuse or revoke permission.
Other overly burdensome requirements would include providing minutes, financial, and narrative reports to the authorities within 30 days of each general assembly. The draft bill would permit Interior Ministry agents to inspect associations’ headquarters at any time and to access administrative and accounting documents. Such abusive provisions allow for intrusive surveillance without judicial oversight and open the door to further abuses.
The bill would permit authorities to suspend an association for 30 days for various reasons, including failure to renew its executive body and violation of its statutes. A formal notice would be addressed to the association, a step backward from the 2012 law, which required a formal notice with the right to respond prior to suspension.
The right to form associations is guaranteed in article 53 of the Algerian Constitution, and is exercised by simple declaration.” Algeria is obliged to respect, protect, promote, and fulfill the right to freedom of association, set out in article 22 of the International Covenant on Civil and Political Rights and article 10 of the African Charter on Human and Peoples’ Rights.
Limitations on this right are only permissible when they are prescribed by law, and necessary in a democratic society; that is, using the least restrictive means possible and reflecting basic values of pluralism and tolerance. “Necessary” restrictions must also be proportionate and not discriminatory, including on the grounds of national origin or political opinion or belief.
“Algerian authorities should seize this opportunity to introduce a new law that meets international standards on the right to freedom of association and allows civil society groups to operate freely, without undue restriction or fear of reprisals,” said Bassam Khawaja, deputy Middle East and North Africa director at Human Rights Watch. “The draft bill on associations should be entirely revised in consultation with civil society to remove restrictive provisions.”
Signatories:
- Cairo Institute for Human Rights Studies (CIHRS)
- Committee for the Preservation of the Algerian League for the Defense of Human Rights (CS-LADDH)
- EuroMed Rights
- Fondation pour la Promotion des Droits
- Human Rights Watch
- International Federation for Human Rights (FIDH) as part of the Observatory for the Protection of Human Rights Defenders
- MENA Rights Group
- World Organization Against Torture (OMCT) as part of the Observatory for the Protection of Human Rights Defenders