| Last updated: 28 August 2012 |
Introduction |
Located in the centre of the Maghreb region, Algeria is the second largest country on the African continent. According to the 1996 constitution, it is a multiparty constitutional republic with a presidential regime. The President exercises the function of Head of State and is elected for a term of 5 years. He/she is able to appoint the Prime Minister and members of the Cabinet, and under certain circumstances is permitted to give executive orders. Under the State of Emergency imposed in 1992, President Abdelaziz Bouteflika comfortably won elections for a third term in 2009. Three opposition parties, the Socialist Forces Front, the Rally for Culture and Democracy, and the Islamic party Al-Nahdha boycotted the elections, alleging the absence of conditions for fair and transparent voting.
The 389 seats of the National Popular Assembly (NPA) are directly elected by universal suffrage for a term of 5 years. Of these, only 30 are held by women (7.7% of the total) and 8 seats represent Algerians who live abroad. Of the 136 members of the Council of the Nation (Upper Chamber), 7 are female (5.1%), 48 representatives are chosen by the President and 96, or two for each Department, are elected for a term of 6 years by means of indirect universal suffrage by municipal and departmental councils. The main political party is the National Liberation Front (FLN), formed during the countrys struggle for independence. The FLN was the only governing party for a period of 30 years (1962-1989) and acts as a counterweight to the National Democratic Rally (RND).
Discrimination based on birth, race, gender, language or social status is prohibited by the Constitution. The judiciary is formally independent although reports suggest that it does not exercise its powers with full freedom. Human rights violations that have been recorded in Algeria include the restriction of media freedom, the restriction of meetings, police abuses during interrogation, impunity provided to members of the security forces and armed groups for crimes committed in the past, and a lack of information on the circumstances of those who disappeared at the hands of State agents during the civil war in the 1990s. Although on a lesser scale than in previous years, radical opposition groups have continued their attacks which are largely directed against the security forces . Defamation laws and limits imposed on criticism of the government restrict freedom of expression and the press and, according to reports, have resulted in self-censorship by journalists. There are journalists who have been imprisoned and some newspapers have been shut down. In March 2009, Nadjar Hadj Daoud, chief editor of the news website Pagoda Waha, began a six month sentence for defamation for an article published in 2005 in which a local government employee was accused of a number of attempts at raping female colleagues. In line with the New York based Committee to Protect Journalists (CPJ), the Court agreed to provisionally release Daoud on medical grounds on consideration of the wounds he received when stabbed some weeks before. Satellite dishes allow Algerians access to transmissions from Europe and the Middle East.
A decree passed in 2000 prohibiting protests in Algiers continues to be enforced, with authorities requiring the organisations behind protests to apply for approval from the local governor prior to public assemblies taking place. Human trafficking is not prohibited by law and Algeria is a transit point for women and children who are being transported from Central and Western Africa to Europe for sexual exploitation and cheap labour.
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Education Rights
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Education is compulsory, free and universal from the age of 6 to 14. On average, pupils reach Grade 9 although drop outs are most common among females, particularly in rural areas where families give priority to males. Illiteracy among young people is reported at a rate of 90.1% and among adults the figure is 69.8%. Violence in rural areas, which has on occasions affected school children, and the effects of the economic crisis have resulted in migration towards cities, creating serious difficulties for the education of migrants, given the scarcity of infrastructure, resources and teaching staff. The teaching of Islam in public schools is strictly regulated and funded. Religious sermons and religious educational materials are pre-screened.
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Early Childhood Education (ECE)
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Early childhood education begins at the age of 4 and lasts for 2 years. Only 4% of eligible children who meet all the requirements are registered in ECE programmes. 49% of those enrolled are girls and 81% of ECE teachers are women, with a pupil/teacher ratio (PTR) of 26:1.
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Primary Education
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97% of children are enrolled in primary school. 48% of students are female and 96% of students reach Grade 5 (95% of boys, 97% of girls). The percentage of boys who repeat grades is greater than the percentage of girls (14% of boys, 9% of girls). 98% of male and 99% of female teachers in primary schools are qualified teachers. The PTR is 23:1.
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Secondary Education, Vocational Education and Training
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Secondary education begins at the age of 12. 79% of children completing primary school make the transition to secondary school (76% of boys, 83% of girls). In lower secondary education 7% of students are in technical vocational programmes. 112,552 teachers work in lower secondary and 63,882 in upper secondary. The PTR is 21:1 in lower secondary and 20:1 in upper secondary.
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Tertiary/Higher Education
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Tertiary institutions have a total enrolment of 1,149,666 students (58% female) and 26,097 (32% female) members of teaching staff. 4,677 international students study in Algeria, while 24,356 Algerian students study abroad, mainly in France (22,250), the UK, Germany, Switzerland and Belgium. Social pressure against women pursuing higher education or a career is greater in rural than urban areas. While women make up 58% of the university student population, they constitute only 19.7% of the active workforce. Young men who have not completed military service require special permission to leave the country although such authorisation may be granted to students.
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Children with Special Needs
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The government has not made compulsory the facilitation of access to public buildings or services for those with special needs.
In 2009, with the support of Handicap International , classrooms were formed in two paediatric units of the Metlili hospital in the south of Algeria to allow children to benefit from recreational and educational activities. Going to hospital is often a difficult and painful experience for children living with a disability and this project aimed to provide them with a comforting environment and avoid possible consequences from interrupting their education. With the support of the Popular Assembly (local council), five teachers have been contracted for the project. The initiative is an innovative one, since, with the exception of the capital, hospitals in rural areas do not often have an integrated school.
The United Nations Development Programme (UNDP) continues its efforts to improve education programmes for young people who are in prison. This is a much needed development since young people who are detained have extremely limited educational opportunities.
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Refugee Children
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The law provides status or asylum to be granted to people who meet the definition of a refugee in the 1951 UN Convention Relating to the Status of Refugees and its 1967 Protocol. This means that the government, with the help of international organisations, provides elementary level education to refugee children. According to recent statistics, it is estimated that 150,000 Sahrawi, 80% of which are female, seek refuge in Algeria, the majority of who live in dangerous campments, without sanitary infrastructure or sufficient electricity. In June 2010, UNICEF undertook a mission to these campments to check the application of a vaccination programme and discovered than one in three children is not immunized and that one in ten women suffer from anaemia.
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Minorities and Indigenous Peoples
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In the past the government has stopped the publication of books related to Tamazight and Amazigh culture. A 2002 agreement recognised Tamazight as a national language and was followed by the introduction of a Tamazight curriculum and the printing and use of Tamazight textbooks in Tamazight speaking provinces. However, restrictions on the linguistic, cultural and ethnic rights of the Amazigh minority (Berbers) continue to give rise to complaints and protests.
In August 2010, Amnesty International once again condemned the limitations imposed on free worship for minority religions. Specifically, it challenged the application of Ordinance 06/03 (2006) which limited carrying out religious practices without authorisation. The organisation underlined a number of provisions of the Bylaw which were formulated in vague terms and open to arbitrary interpretation.
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Academic Freedom
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Academic freedom continues to be limited. Defamation laws are used to prosecute anyone who criticises government officials. The distribution of documents which question the religious precepts of Islam is prohibited. These restrictions also limit the freedom of academics to discuss political issues and government policy with their students and the practice of self-censorship is widespread. More academic seminars take place without government interference; however reports indicate delays in obtaining visas for international participants and experts.
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Gender Equality
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Revisions to the Family Code and Nationality Code have improved the protection of equal rights for women, although they continue to suffer discrimination. The Family Code is based on Sharia law and considers women as minors under the legal guardianship of a husband or male relative. Similarly, it limits their succession and custody rights. In May 2010, the United Nations Committee on Economic, Social and Cultural Rights expressed concern that, in spite of changes in the legislation, polygamy is still permitted, the institution of the marital guardian has not been abolished and article 30 of the Family Code continues to prohibit mixed marriages (between Muslims and non-Muslims). It also expressed concern on account of the persistence of violence against women, abuses carried out by fathers, husbands or brothers, rape and so-called honour crimes. Mistreatment of women and children is more frequent in rural areas. The Committee recommended an urgent revision of juridical practices and legislation on domestic violence and corporal punishment by the Algerian government. The majority of illiterate people continue to be female (28.9%, according to 2009 figures). The Female Workers section of the General Union of Algerian Workers (UGTA) continues to provide counselling to women who are victims of sexual harassment in the workplace.
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Child Labour
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In Algeria, children are employed in agriculture, construction, small workshops and informal street trading. Girls in particular work in the domestic service sector, which renders them nearly invisible and impedes generating data on the prevalence of female child labour. They are also more exposed to human trafficking and trade. The minimum age for working is 16, except when minors participate in an apprentice scheme, for which no legal minimum age is defined. The Ministry of Labour and Social Welfare may also grant permits for children under 16 to work on certain seasonal jobs. However, the minimum age only applies to contract based work and does not apply to self-employed workers. The law establishes that minors who are employed must have the permission of a legal guardian and may not take part in dangerous, unhealthy or harmful labour or that which jeopardizes their morality. Night work is prohibited for those under the age of 19. Violations of provisions regarding the employment of children are punishable by fines which can be doubled for repeat offences. Similarly, the law prohibits forced labour with a prison sentence of 5 to 10 years and there are fines for the corruption of minors or prostitution. However, in spite of the legislation which has been passed, violations of child labour laws continue to occur, particularly since the outbreak of the economic crisis. Civil society organisations have expressed concern about possible reversals in the progress which has been achieved.
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Trade Union Rights
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A large number of independent trade union protests have been suppressed by the authorities, particularly in the education and health sectors. The proposals and demands of the General Union of Algerian Workers (UGTA) have often been ignored or even challenged by employers, the State, and mixed, private or multinational companies. Intervention by the authorities creates obstacles to exercise the right to strike. Some trade union organisations have still been unable to obtain registered status, leaving them without legal existence. On some occasions, their name has been usurped by government supported dissidents in order to undermine their representation.
Throughout 2009, members of the National Council of Contract Teachers (CNEC) have suffered harassment by the authorities. A number of planned protests against the President of the Republic were disbanded with the use of force, specifically those on 10 February, 23 March and 5 August of 2009. Over the course of three weeks of striking by independent education trade unions, its activists and those of CNEC where beaten and detained. However, the contracted teachers did not cancel their protests. On 4 December, again outside the Presidential Office, the police beat the protesters. One of the protestors had to be taken to hospital in an emergency, and 12 were arrested and detained for a number of hours. During the CNEC protest on 29 December, 38 protesters were detained. It is calculated that the number of contracted teachers is at least 30,000 and some have lived in this precarious situation for 15 years. Many teachers have been subject to unfair dismissal, especially because of union activity. They are often threatened with legal action, as was the case of the seven teachers brought in front of a prosecutor on 6 August, even though no complaints had been made against them. In October, Annaba, a regional coordinator of CNEC, was sentenced to six months in prison and a fine of 20,000 Algerian Dinars (200) for carrying a placard and protesting in front of the local education authority .
In 2010, the United Nations Committee on Economic, Social and Cultural Rights recommended that the Algerian government undertake an urgent revision of the minimum wage and take all necessary measures to ensure a fair standard of living for workers and their families. It also recommended that immediate measures were taken to improve working conditions, social security and the pay of public sector education and health employees. Finally, it challenged the lack of independence of the trade unions and the obstacles to the formation of independent unions, such as bans on the creation of federations and confederations at a national level.
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