Algerian authorities are facing mounting criticism over a proposed bill that could further restrict the rights of civil society organizations. Human Rights Watch has urged the government to cease imposing excessive control over these groups, advocating instead for legislation that aligns with international standards for freedom of association. The bill aims to update Law 12-06, enacted in 2012, but critics argue it fails to address fundamental issues, maintaining ambiguous definitions such as “public order” and “national sovereignty.” These vague terms have long been points of contention, as they allow the government broad discretion in determining what constitutes a violation.
The proposed legislation introduces a stipulation that founding members of civil society organizations must be Algerian citizens without prior criminal convictions. This clause has drawn criticism from legal experts like Alexis Thiry of MENA Rights Group. Thiry emphasizes that such requirements disregard the nature of previous convictions, treating minor offenses the same as serious crimes or politically motivated convictions. Furthermore, the bill requires that an organization’s mission should be to support governmental efforts, which contradicts Article 53 of the Algerian Constitution, guaranteeing the right to form associations independently.
In light of these developments, HRW asserts that the draft bill violates Article 22 of the International Covenant on Civil and Political Rights (ICCPR) and Article 10 of the African Charter on Human and Peoples’ Rights. Both documents uphold the fundamental right to freedom of association, stipulating that past convictions should not automatically disqualify an individual from establishing an association. This perspective is echoed by the Guidelines on Freedom of Association and Assembly in Africa, which emphasize the importance of unimpeded civil participation.
Since the 2019 Hirak protest movement, which led to a wave of demands for political reform in Algeria, the government has implemented measures that many perceive as repressive. Authorities have cracked down on human rights organizations, dissolving prominent groups like the Youth Action Rally (RAJ) and the Algerian League for the Defense of Human Rights. These actions have alarmed international observers, who argue that the current legal framework stifles efforts in various sectors, including anti-corruption, environmental advocacy, women’s rights, and pro-democracy initiatives.
Amid calls for reform, many international organizations have scrutinized Algeria’s approach to association rights. They highlight the burdensome registration processes and bureaucratic hurdles that stifle civic engagement and advocacy efforts. The need for legislation that protects, rather than restricts, civil society is becoming increasingly urgent, as reflected in the ongoing dialogue around the proposed bill and its implications for Algeria’s democratic future. More details on these issues can be found in a recent report by Human Rights Watch.