Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/mac/TEXT/HUMANrts/ALGERIA.TXU

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TITLE:  ALGERIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995



Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

The Government's cancellation of electoral process in 1992
effectively denied citizens the right to change their
government.  Power remains in the hands of the military
leadership and former ruling party officials.  Despite
President Zeroual's halting attempts to consult with legal
political parties and informal contacts with imprisoned FIS
leaders, there is no democratic process.  In a national speech
on November 1, Zeroual declared that the political dialog had
failed and announced his intention to hold presidential
elections in 1995 regardless.  The FIS as well as the other
major opposition parties dismissed this promise of elections.

Few women are active in government, a reflection of strong
social pressures against women participating in politics.   One
woman served in the Cabinet until her resignation in October,
one woman served as governor of the province of Annaba, and
fewer than 1 percent of the candidates for Assembly seats in
the 1991 election were women.  The Berbers, an important
indigenous minority group, participate freely and actively in
the political process.  Berbers hold influential positions in
the Government and the army.

The Tuaregs, a people of Berber origin, do not play as
important a role in the national political process, due in
large part to their small numbers, estimated in the tens of
thousands, and their nomadic existence.  Systemic or
government-sanctioned barriers to political participation,
however, do not exist against any minority group.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

Two human rights groups are active:  the Algerian League for
the Defense of Human Rights (LADDH) and the Algerian League of
Human Rights (LADH).  Terrorists assassinated the head of LADH
on June 18 near his office in downtown Algiers (see
Section 1.a.).

A governmental body, the National Observatory of Human Rights
(ONDH), established in 1992, is charged with reporting human
rights developments to the President.  In 1994 the ONDH
submitted its first annual report to the Government and to
international human rights groups, but the Government did not
make it public.  In December the head of the LADDH gave a
presentation on human rights abuses at an internationally
publicized meeting of Algerian political parties in Rome.

Two representatives from Amnesty International (AI) visited
Algeria in August.  Security elements guarded them closely,
ostensibly for their own protection.  Government
representatives accused AI of having preconceived ideas and
lacking evidence to support allegations of official abuses of
human rights.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

Although the Constitution prohibits discrimination based on
birth, race, sex, belief, or any other personal or social
condition.  However, women continue to face legal and social
discrimination.

     Women

Some aspects of the law and many traditional practices
discriminate against women.  The Family Code, based on Islamic
law, or Shari'a, regards women as minors under the legal
guardianship of a husband or father.  Women do not have full
legal responsibility for their children because the father must
sign all formal documents.  A woman's testimony in a court of
law does not equal a man's.  Women are nonetheless allowed to
work, own businesses, and enter into contracts.  The Code
confirms the Islamic practice allowing a man to marry four
wives---a rare occurrence.  However, a wife may sue for divorce
if her husband does not inform her of his intent to marry
another wife.

Under the Code, women need their husband's or father's
permission to obtain a passport or travel abroad.  Only males
are able to confer citizenship on their children.  The Code
prohibits Muslim women from marrying non-Muslims, although men
are legally free to marry non-Muslims.  In cases of divorce,
the Code awards guardianship of the children to the father,
even though the mother is usually expected to care for them
until a son is 13 and a daughter is married.

Women constitute about 10 percent of the work force and pursue
opportunities in government, medicine, law, education, the
media, and even in the armed forces.  Nonetheless, social
pressure against women pursuing a career is strong.  In 1994
Islamists increased their pressure on women to adopt Islamic
fundamentalist views and norms.  In March terrorist groups
posted notices threatening to kill any woman who does not cover
her head with a scarf.  In one case, terrorists killed a
17-year-old woman, reportedly because she declined to adopt
Islamic dress (see Section 1.a.).  Also in March, suspected
terrorists killed a woman in Saoula, reportedly because she
refused to give up her job outside the home.

Women's rights advocates assert that spousal violence is
common, although there are no reliable studies on the problem.
Nonetheless, the central hospital in Algiers reported that in
1991 and 1992, it treated more than 4,600 cases of abused
women.  Battered women may file criminal charges or sue for
divorce, but women's rights advocates maintain that legal
actions are rare because the courts are generally lenient with
abusive husbands.

     Children

The Government is committed in principle to protecting
children's human rights.  Nonetheless, legal experts maintain
that the Penal and Family Codes do not offer sufficient
protection for children.  Many hospitals treat dozens of cases
of child abuse every year, but many cases are unreported.  Laws
against child abuse have not led to notable prosecutions
against offenders.

     National/Racial/Ethnic Minorities

The Berbers were the original inhabitants of Algeria, and many
citizens claim to be of mixed Berber and Arab ancestry.  The
Berbers have sought to maintain their own cultural identity and
language in the face of the Government's emphasis on the
development of an Arab identity.  Amazight, a Berber language,
is taught at Tizi Ouzou University, but the Government does not
permit its instruction in the primary and secondary schools.
In September and October, Berbers in the Kabylie area shut down
the public school system.  The strike continued through the end
of December.  In response, the Government has established a
committee to consider the issue.

     People with Disabilities

The Government does not mandate accessibility to buildings or
government services for people with disabilities.  In 1994 the
Government established a monthly stipend, albeit meager, for
people with disabilities.  The ONDH is charged with developing
programs to provide unspecified "help" for people with
disabilities, but the project has not been given a high
priority.  The Government also provides limited financial
support to several nongovernmental organizations that assist
people with diabilities.

Section 6  Worker Rights

     a.  The Right of Association

Workers have the right to establish trade unions of their
choice.  About two-thirds of the labor force belong to unions.
Workers are not required to obtain government approval to
establish a union.  Nonetheless, the Government limits some
union activities.  For example, the Government dissolved the
SIT, an Islamist union which was affiliated with the banned
FIS.  The law prohibits unions from associating with political
parties, although some unions, such as the General Union of
Algerian Workers (UGTA), maintain party ties.  The law also
prohibits unions from receiving funds from foreign sources.
The courts are empowered to dissolve unions that engage in
illegal activities.

Under the state of emergency, the Government is empowered to
require workers in both the public and private sectors to stay
at their jobs in the event of an unauthorized or illegal
strike.  According to the 1990 Law on Industrial Relations,
workers may strike only after 14 days of mandatory
conciliation, mediation, or arbitration.  This law states that
arbitration decisions are binding on both parties.  If no
agreement is reached in arbitration, the workers may legally
strike after they vote by secret ballot to do so.  A minimum
level of public services must be maintained during public
sector service strikes.

There were numerous local strikes, including work stoppages by
public-sector workers; most ended quickly following mediation
efforts involving government officials and labor unions.  The
Government did not invoke the state of emergency to block
strikes, nor did it prosecute workers involved in the stoppages.

Unions may form and join federations or confederations and
affiliate with international bodies.  Several unions, pursued
international contacts.  The UGTA, for example, has contacts
with French unions and the American Federation of
Labor-Congress of Industrial Organizations.

     b.  The Right to Organize and Bargain Collectively

The law provides for collective bargaining for all unions.  The
Government permits this right to be practiced.

The law prohibits discrimination by employers against union
members and organizers and provides mechanisms for resolving
trade union complaints of antiunion practices by employers.  It
further permits all unions to recruit members at the workplace.

     c.  Prohibition of Forced or Compulsory Labor

Forced or compulsory labor is incompatible with the
Constitution's provisions on individual rights.  The Penal Code
prohibits compulsory labor and the Government effectively
enforces the ban.

     d.  Minimum Age for Employment of Children

The minimum age for employment is 16 years.  Inspectors from
the Ministry of Labor enforce the minimum employment age by
periodic or unannounced inspection visits to public sector
enterprises, but do not effectively enforce it in the
agricultural or private sectors.  Many children are driven by
economic necessity into informal employment, such as street
vending.

     e.  Acceptable Conditions of Work

The law defines the overall framework for acceptable conditions
of work, but leaves specific agreements on wages, hours, and
conditions of employment to the discretion of employers in
consultation with employees.  The Government fixes by decree a
guaranteed monthly minimum wage for all sectors.  After
consultations with the UGTA, the Government in 1994 raised the
minimum wage to about $100 (from 3,500 dinars to 4,000
dinars).  It met with the UGTA in October to negotiate pay
raises for 1995.  Ministry of Labor inspectors are responsible
for ensuring compliance with the minimum wage regulations,
although they enforce these provisions inconsistently.

Algeria has a 44-hour workweek and well developed occupation
and health regulations codified in a January 1991 decree.
However, government inspectors do not enforce these regulations
effectively.