Country Report on Human Rights Practices for 1989
ALGERIA
Following several years of deteriorating economic conditions
and an eruption of urban riots in October 1988, Algeria took
steps toward a more open, multiparty political system in
1989. The approval of a revised Constitution in February
formally converted Algeria from a Socialist state, in which
power had been invested in a single party, the National
Liberation Front (FLN) , to a multiparty system. However,
President Chadli Bendjedid, as Minister of Defense and
Chairman of the still dominant FLN, continued to hold decisive
political power. The FLN remained the only party represented
in the National Assembly.
Internal security is maintained on a day-to-day basis by the
urban police (Surete) and the rural police (Gendarmerie),
which generally adhere to constitutional guarantees against
arbitrary arrest and imprisonment. When major breakdowns of
internal security occur, as happened in October 1988, the
security forces (General Delegation for Documentation and
Security) and the armed forces assume important roles in
restoring internal order. In the past, they have been known
to ignore constitutional protections.
The Government continued to pursue an economic structural
reform program that emphasized the development of agriculture,
job creation, and decentralization of economic decisionmaking.
Low oil prices, high population growth, and inflation hampered
the Government's efforts to meet social needs. Popular
discontent focused on massive unemployment, inadequate
housing, below-standard education, and chronic scarcity of
consumer goods.
The Government took a number of steps in 1989 which advanced
human rights in Algeria and provided the potential for
additional improvement. The new Constitution provides for the
right to form political parties and civic associations and to
strike, and reinforces the rights to freedom of expression,
opinion, and assembly as well as the independence of the
judiciary. The Government also abolished the State Security
Court, legalized 14 political parties, and significantly
reduced restrictions on the press.
The Government's failure, however, to arrest and prosecute
those in the police and security services who killed and
tortured several hundred people during the October 1988 riots
remained an important human rights concern. In an atmosphere
of rising Islamic activism, significant societal and legal
discrimination against women also remained a major problem,
but received increasing attention from many of the newly
organized political parties and civic associations.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of such killings in 1989, in contrast to
1988 when the army killed several hundred persons during
widespread urban rioting.
b. Disappearance
There were no reports of abductions, secret arrests, or
clandestine detention in 1989.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The National Committee Against Torture alleged in June that
there were incidents of excessive police force in 1989,
including two cases in which suspects were reportedly blinded
while in detention. There was no independent confirmation of
these charges; the Algerian League of Human Rights (ALHR)
contended that there had been no credible reports of torture
since October 1988.
President Bendjedid promised in November 1988 to launch an
investigation into reports, generally accepted as true, that
the police and military security services used systematic
torture during the October 1988 riots. He also promised to
punish the guilty. His promise followed the publication of
accounts of six cases of torture reported in the Frenchlanguage
weekly Algerie-actualite and the release of an ALHR
report on 51 torture cases, both of which contained graphic
accounts of the methods of torture employed (see the Country
Reports on Human Rights Practices for 1988) . According to the
ALHR report, one victim died as a result of torture.
There was no evidence in 1989 that the President's promise to
prosecute torturers had been kept. The Government has not
carried out an investigation into charges of torture, nor have
any dismissals of police or security service personnel linked
to torture charges been made public. Even though the National
Assembly in 1989 ratified the 1984 U.N. Convention Against
Torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment, the Assembly never publicly questioned the
practice of torture inside Algeria.
In October 1989 the National Committee against Torture
published a so-called black book on torture. Printed by a
state-owned printing firm, the report contained 87 accounts
(some previously published) of police abuse or torture alleged
to have occurred during or shortly after the October riots.
According to these accounts, the police. Gendarmerie, and
military security all employed torture. The accounts alleged
that, for persons suspected of having participated in rioting
and looting, the police used torture as much to effect summary
punishment as to produce confessions, and that for those
suspected of holding unorthodox political opinions, torture
was used as a last resort by the security services to extract
information on clandestine political activities. Throughout
1989 the Committee and the Association of Families of the
Victims of October pressed the Government to prosecute police
and security force personnel involved in torture and for
compensation for victims. The ALHR reported that the
Government paid indemnities to some of the families of persons
killed in the October riots.
d. Arbitrary Arrest, Detention, or Exile
The Constitution states that no one may be held, arrested, or
prosecuted except as provided by law. It also provides that
detention for questioning in criminal investigation cases
cannot exceed 48 hours, after which the suspect must be
charged or released. This period can be extended to 4 days.
Detainees must be informed immediately of charges against
them. Once charged, a person may be held under preventive
detention indefinitely while his case is being investigated.
There is no bail system. Lawyers are entitled to access to
their clients at any time. Meetings are supervised visually
by a guard.
In previous years. Amnesty International (AI) has noted its
concern about cases of prolonged incommunicado detention, and
leaders of the ALHR declared in 1987 that elimination of this
abuse, as well as the practice of "administrative" or
technical house arrest, was their first priority. The ALHR
has not forcefully pursued this issue. An ALHR report on
preventive detention, promised for 1989, has not been issued.
Exile is not a legal form of punishment in Algeria. A number
of opposition figures live abroad, however, to escape arrest
and trial, ostensibly on criminal charges. At least two
well-known opposition figures. Socialist Forces Front leaders
Hocine Ait Ahmed and Abdelhafid Yaha, returned to Algeria
during 1989 with the express intention of participating in
political life, with apparent government acquiescence.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
As part of its political reform program, the Government, by
means of a vote in the National Popular Assembly (APN)
,
abolished the State Security Court in April 1989. The State
Security Court never sat in permanent session but had been
called into existence periodically only to hear specific cases
involving "national security."
The judicial system is divided into civil and military
courts. There are no Islamic courts in Algeria. The new
Constitution emphasizes the independence of the judiciary, and
Justice Minister Benflis has been a strong proponent of
efforts to bolster the judiciary's independence. Civil courts
have always been generally, but not entirely, free of
executive or military control; during 1989, judges reportedly
became more determined in asserting their independence of
outside, i.e., government influence. Judges are appointed by
the Ministry of Justice. Military courts deal directly with
espionage and offenses committed by military personnel.
Defendants in civil courts have unrestricted access to
counsel; there is no harassment of defense counsel. The
Algerian Bar Association has a pool of lawyers who provide
free services to defendants who cannot afford counsel. As far
as can be determined, criminal defendants are made fully aware
of the charges against them at the time they are bound over
for trial. Defendants have the right to confront witnesses
and present evidence. Trials are public, although generally
not publicized, and defendants have the right of appeal.
During the October 1988 riots, as many as 4,000 people were
arrested on civil disturbance charges. Some of those detained
were tortured or otherwise mistreated while in custody. Many
were released soon after order was restored; the rest were
released on provisional liberty November 1, 1988, including
some who had been tried and convicted. There were no reports
that any detainees, including those released provisionally,
were rearrested or brought to trial in 1989.
In its 1989 Report covering 1988, AI reported that over 180
political prisoners remained in jail. There was no evidence
that there were political prisoners being held at the end of
1989.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The Constitution provides for the inviolability of the home,
and it is generally respected, except in cases involving the
security forces. Police may not enter a house without a
warrant from the local prosecutor or investigating magistrate,
and may not enter a residence during the night hours. The
police and security services are believed to use telephone
monitoring systems, reportedly without prior court
authorization, as required by law.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Algeria made significant progress toward freedom of expression
during 1989, although restrictions remain. Following the
October 1988 riots, a number of citizens' associations
emerged, many to protest the use of torture by the police and
army during the unrest. The public meetings and outdoor
rallies launched by these groups broke ground for the 30-odd
political parties that became active in the period after
January 1989. Although these groups were technically illegal
at the time of their creation (before the revised Constitution
and implementing legislation were approved), the Government
did not seek to suppress them. For the first time since
independence, Algerians were able to speak their minds
relatively freely and publicly and were able openly to
criticize the Government and national leaders.
The Algerian press tried in 1989 to redefine its role
vis-a-vis the Government. Algeria's 1982 information code,
which labeled journalists "agents of the State," was already
under attack at the time of the October 1988 riots. In the
aftermath of the disturbances, journalists demanded a new code
that would stipulate their rights and duties, set out legal
procedures by which the Government could call them to account
for their views, and provide for protection from coercion into
false reporting. An information code adopted by the National
Popular Assembly in July without participation by professional
journalists merely set out a series of punitive measures for
articles that blasphemed Islam and other religions or were in
some way contrary to the "national interest." President
Bendjedid, who viewed the bill as too restrictive, sent it
back to the Assembly for reconsideration, which was completed
in November when the bill was finally rejected by the APN. At
the end of the year the Government had not yet introduced
alternative legislation. In September the newly appointed
Prime Minister, Mouloud Hamrouche, announced that he would not
name a Minister of Information, arguing that governmental
control of the information sector at the cabinet level was
inconsistent with the liberal spirit of the revised
Constitution.
Although censorship had not been formally abolished at year's
end, the print media enjoyed a far greater degree of editorial
freedom than they had at any period since independence.
Although the ruling FLN party continued to receive the lion's
share of coverage, the viewpoints of other political parties
appeared regularly. Individual Algerians, writing as
columnists, often expressed opinions contrary to those of the
Government. Criticism of government economic and social
policies and management appeared relatively often in the
established, government-controlled press, and was frequently
seen in the publications of various political parties, the
legal distribution of which began in September. Radio and
television, which have always been under government control,
also enjoyed a greater freedom, but to a lesser extent than
the print media.
Some foreign publications are openly sold, although in limited
numbers only because of the scarcity of foreign exchange. The
French-language Paris weekly Jeune Afrique is proscribed,
however, because it is seen as hostile to Algerian interests,
and the French daily Le Monde is occasionally seized. The
growing number of satellite dish antennas in Algeria provides
a large and varied sector of the population with access to
European television news and constitutes the greatest single
outside source of information for Algerians. European and
other North African radio broadcasts are easily received in
Algeria.
b. Freedom of Peaceful Assembly and Association
The new Constitution provides for the rights to assembly and
association without reservation. Implementing legislation
adopted during the spring set out procedures for obtaining
permits to hold public gatherings. As far as can be
determined, the Government has routinely granted such
permits. A political rally held in May, however, was broken
up by the authorities on the grounds that the organizers had
not received a permit. Prior to the first anniversary of the
October riots, the Government announced that groups intending
to hold public meetings in commemoration of the anniversary
need not apply in advance for a permit but were required to
supply the name of the organization sponsoring the meeting,
its time and place, and number of expected participants. This
policy was respected by the Government.
In early 1989, the National Committee Against Torture and the
Association of Families of the Victims of October, neither of
which had received formal government authorization to exist
and hold meetings, were allowed to hold several rallies and
meetings without interference. The Government did, however,
ban a mock "torture trial" in December 1988 and prohibited an
antitorture student demonstration in early 1989.
According to the July 1989 Political Associations Law,
membership in political organizations is permitted for all
Algerians except judges, army and security service personnel,
and members of the Constitutional Council. All
nongovernmental associations must be approved by the Interior
Ministry. A 1987 amendment to an earlier law on civic
associations, however, allowed some citizens' groups to begin
operating without advance approval. ALHR set the precedent in
1987 as the first important association allowed to exist
outside government or FLN control. Other associations, such
as the Algerian Consumer Association and the Family Planning
Association, followed shortly thereafter. Following the
October 1988 riots, however, the number of citizens' groups
proliferated, but many did not comply with the Ministry's
approval procedure. These associations ranged in purpose from
antitorture protest groups to professional associations
intended as alternatives to the established, FLN-linked
unions. Except for two instances in late December 1988 and
early January 1989, when antitorture protests were banned, the
Government did not interfere with the activities of these
groups. In July the Interior Ministry approved the
application of the Algerian League for the Defense of Human
Rights (LADDH), a group which had existed illegally since 1985
under the leadership of reputed Berber nationalist Abdenour
Ali Yahia. In a November announcement, the National Committee
Against Torture asserted that the Interior Ministry's failure
to consider its application for legal status within 3 months
constituted a rejection of the application.
Mass organizations for youth, women, farmers, veterans, and
workers and professional groups were in the past all tightly
controlled by the FLN. At its sixth party congress in
November 1988, the FLN decided to lessen its ties with these
organizations, for example, by dropping the requirement that
they be headed by FLN members. Although they were intended to
play key political roles in mobilizing popular support for
government programs, the mass organizations failed to do so.
The organizations for youth and women became increasingly
irrelevant, while the more narrowly focused farmers, veterans,
and workers organizations had somewhat greater success in
presenting the views of their constituencies to the
government.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
The Constitution declares Islam to be the state religion, but
also prohibits discrimination based on "opinion or any other
personal or social circumstance or condition." The Government
protects the rights of the very small Christian and Jewish
populations and includes leaders of these communities at
ceremonial state functions. There is little evidence of
individual prejudice. The Christian clergy focuses its
activities on the foreign community since both society and
government strongly discourage conversion from Islam. The
Jewish population numbers less than 300; it maintains a
synagogue in central Algiers. The Islamic clergy is
government trained and the Ministry of Religious Affairs
assigns imams to state-funded mosques. Privately funded
mosques, however, can choose their own religious leaders.
During the early months of 1989, certain mosques were used by
leaders of Islamic fundamentalist political movements as
operational headquarters. The Ministry of Religious Affairs
subsequently issued an order prohibiting the use of places of
worship for political purposes.
d. Freedom of Movement Within The Country, Foreign
Travel, Emigration, and Repatriation
Freedom to travel within Algeria and abroad and to emigrate is
provided for by law and generally is respected in practice.
In order to leave the country, an exit visa is no longer
required, but men who are 19 years of age or older must have
proof of completion of mandatory military service, and
employees of state organizations, who are paying back
educational scholarships through work, also need
authorization. Because of bureaucratic inefficiency,
passports sometimes take months to acquire, although this
situation is improving. The amount of hard currency which
Algerians may obtain in Algeria to carry abroad (thehJSEEIA
equivalent of $200 once every 4 years) had been the primary
limitation on foreign travel. In late 1988, the Government
suspended even that meager allowance as part of stringent
economic austerity measures imposed to cope with a significant
drop in export revenues. The allowance was not reinstated
during 1989.
Foreign diplomats must apply for permission to travel farther
than 50 kilometers from Algiers. The 50-kilometer limit for
diplomats is not strictly enforced, however, and permission to
travel farther is quickly granted upon application. Travel
within Algeria for other visitors is generally unrestricted,
except in areas designated as "military zones." Visitors must
register with local police if they are staying overnight.
Gendarmerie checkpoints in the countryside routinely inspect
vehicle registrations and occasionally search vehicles.
The Constitution provides for the right of political asylum.
It is estimated that more than 100,000 refugees from the
Western Sahara live in camps in southwestern Algeria. They
are largely supported by the Government and, to a much lesser
extent, by the U.N. High Commissioner for Refugees (UNHCR).
Algeria continues to provide refuge and support to drought
victims from Niger and Mali located in four camps near
Tamanrasset. In 1989 Algeria, Niger, and Mali reached an
agreement on a gradual repatriation of these refugees, whose
number in 1989 rose to an unprecedented 20,000, following the
expulsion of Nigerien and Malian workers from Libya.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Algeria's one-party political system, in place from
independence until February 1989, did not permit citizens to
change their government. The FLN chose all candidates for
public office and public debate was restricted to officially
sanctioned forums and issues. The constitutional revisions
and implementing legislation adopted in 1989, however, put in
place the framework of a multiparty system which has the
potential to allow citizens to change theii government.
However, by year's end, the new system remained untested,
since elections were not held during 1989.
The key component of political reform in 1989 was the approval
in February of a greatly revised Constitution that recognized
the "right to create associations of a political character."
The political associations law adopted in July was broadly
interpreted by the Interior Ministry, which approved
applications from political parties ranging from Comjnunist
(Socialist Vanguard Party) to Islamic fundamentalist (Islamic
Salvation Front) . In addition to the FLN, there were 14
legalized political parties in Algeria as of late 1989. A new
electoral code, revised to accommodate multiparty elections,
included some elements of proportional representation. Prime
Minister Hamrouche announced in October, however, that the new
electoral code favored the FLN and that his Government would
seek to amend it to include a greater degree of proportional
representation. Elections for local and provincial-level
assemblies, originally scheduled for late 1989, were postponed
until the first half of 1990, ostensibly to give new political
parties more time to organize. National Assembly elections
have yet to be scheduled. At year's end the FLN, which had
been the only legal party from independence until 1989, held a
distinct advantage in resources and organization over most of
the newly legalized parties.
At year's end, Algeria's basic political institutions remained
the same, although their interrelationships had been altered
by constitutional revisions. The President, charged with
assuring national defense and conducting foreign policy, could
appoint and dismiss the Prime Minister, whose selections for
gov^ernment ministers were subject to presidential approval.
The Government presented its program to the National Popular
Assembly for debate and approval. The Assembly could reject
the program once, forcing the Government to resign; a second
rejection would result in both the dismissal of the Government
and the dissolution of the legislature.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
The Algerian Government normally does not readily discuss its
human rights record with outside governmental or
nongovernmental organizations. The Government is extremely
sensitive to criticism, particularly, but not exclusively, to
allegations of human rights violations which appear in the
European press, and sometimes publishes its own pointed
rejoinders to critical articles.
There are two legally established local human rights leagues;
as of 1989, both had observer status at the International
Federation for Human Rights in Paris. The Algerian League of
Human Rights (ALHR) was established in 1987 and received the
Interior Ministry's approval the same year. It represented
Algeria in the Maghreb Human Rights Association, created in
February 1989. In 1989 the ALHR had about 1,200 members and
regional offices in 36 of the country's 48 provincial
districts. In February a much smaller human rights league led
by an Algiers attorney was subsumed into the ALHR. With
several successes to its credit, notably its role in helping
to promote the release of almost all political prisoners in
1988, the ALHR participated actively during 1989 in debates on
constitutional reform, a new information code, torture, and
the Islamic fundamentalist prisoners serving extended
sentences for having participated in a 1985 uprising.
The second group, the Algerian League for the Defense of Human
Rights (ALDHR) received the Interior Ministry's approval to
operate in July 1989. Established in June 1985, the ALDHR had
operated illegally for 4 years under the leadership of
a±torney . Abdenour Ali Yahia, who was also known for his
involvement in Berber nationalist causes. The ALDHR held its
first open meeting in June 1989, at which it declared its
right to champion human rights causes under the revised
Constitution. At this meeting, however, former founding
members who objected to Ali Yahia 's leadership style split off
from the ALDHR and claimed to have constituted their own
league. At the end of 1989, this new organization had not yet
received the Interior Ministry's approval.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
The 1989 Constitution specifically prohibits discrimination
based on birth, race, sex, opinion, or any other personal or
social condition or circumstance. It omits, however, the
specific guarantees for women's political, economic, social,
and cultural rights that had been included in the 1976
version. It does not appear that minority groups are treated
unfairly in access to jobs, housing, education, and health
24-900 O—90 43care. The Government's difficulties in meeting social needs
in these areas are mostly caused by the country's extremely
rapid population growth and significant drop in oil revenues,
and minorities seem to fare no better or worse than the Arab
majority.
Berber ethnic consciousness remains strong and is fueled
primarily by the Berbers' desire to preserve their distinctive
cultural identity and language in the face of the Government's
emphasis on the development of Algeria's Arab identity.
Berber spokesmen assert that the Government seeks to repress
the distinct Berber culture, including the teaching and
propagation of the Amazight (Berber) language. Although
Amazight has never been taught in primary and secondary
schools, until 1980 it was taught at Tizi Ouzou University.
Following rioting in the region in 1980, the University's
chair for Amazight studies was abolished and has not been
reinstated. In 1989 two Berberist political ^rties, the
Rally for Culture and Democracy and the Socialist Forces
Front, both of which promote the preservation of Berber
culture, were legalized by the Interior Ministry.
Women face significant discrimination in Algerian society,
which has been subject to rising Islamic fundamentalist
activism. Under Algeria's 1984 family code, inspired by
Islamic law, women are perpetual minors who, regardless of
their age or civil status, remain under the legal guardianship
of a husband, father, or brother. The code also permits
polygamy, makes it more difficult for a woman than a man to
obtain a divorce, and awards only 4 months of alimony to the
woman regardless of the husband's means and the circumstances
of the divorce. Because Islamic law and the family code
forbid Algerian Muslim women from marrying non-Muslims,
Algerian women engaged to non-Muslim men sometimes are
subjected to harassment, including passport confiscation, by
authorities upon entering or leaving the country.
Culture and tradition relegate the Algerian woman to inferior
status. Violence against women is known to occur, but little
is known about its extent. Wife beating and sister beating
are presumed to occur frequently; both are condoned as
acceptable practices by local authorities, in particular, and
society in general. Abuse within the family is seldom
mentioned publicly because of the value attached to family
honor in this conservative society, and the Government does
not acknowledge the existence of a problem. Wives who are
victims of wife beating may file criminal charges or sue for
divorce, but the filing of such cases is believed to be rare.
In Algeria's Muslim context, and despite the country's
postindependence rhetoric about female equality, some Algerian
women find themselves pressured to wear Islamic dress (usually
the hidjab--a headcovering with an ankle-length overdress) by
husbands and fathers jealous of the family's reputation.
Whether they are motivated by family pressure, personal piety,
or a desire to avoid harassment on the street, the number of
young women wearing Islamic dress in cities as well as in
rural areas has risen dramatically over the last several years.
With the rise of Islamic fundamentalism in Algeria, many women
regard themselves as increasingly under attack from proponents
of Shari'a (Islamic) law and those who blame male unemployment
on female participation in the workplace. A backlash against
these attitudes found expression in a spirited march organized
by women's groups to celebrate International Women's Day on
March 8. Some 3,000 men and women demonstrated in front of
the National Assembly to demand the abrogation of the 1984
family code. The demonstrators also voiced their opposition
to the introduction of Shari'a law and demanded governmental
assurances that constitutional guarantees against
discrimination would be upheld. The then Prime Minister,
Kasdi Merbah, and Assembly Speaker Bitat reportedly assured a
delegation of demonstrators that both the letter and spirit of
the Constitution would be strictly applied. Governmental
assurances notwithstanding, in 1989 women's groups in Algeria
still saw fundamentalist pressures and the 1984 family code as
the greatest threats to women's rights.
It is estimated that about 500,000 Algerian women work outside
the home, and an increasing number are trained and employed in
the professions. Women serve in the armed forces. According
to government statistics, girls represent 44 percent of all
children enrolled in primary and secondary schools. According
to 1985 statistics, (the latest available) 72 percent of all
school-age girls were enrolled in 1985. Islamic
fundamentalist efforts to end coeducational classes so far
have been unsuccessful.
Section 6 Worker Rights
a. The Right of Association
From independence until 1989, workers and professionals did
not have the right to form autonomous labor unions. In 1987
the International Labor Organization (ILO) Committee of
Experts reported that the single trade union system in Algeria
was reinforced by legislation and acted to deny workers the
possibility of establishing and joining organizations of their
own choosing. Since 1962, the right to organize and represent
workers had been the prerogative of the general union of
Algerian workers (UGTA) , an FLN-linked mass organization.
During 1989, however, at least two independent professional
unions were established with tacit government approval. These
were the Movement of Algerian Journalists (MJA) and the Union
of Algerian Engineers. Also during 1989, doctors in both
Algiers and Oran worked to create their own professional
associations independent of the UGTA-linked union of Algerian
Physicians.
Blue-collar workers did not succeed during 1989 in their
efforts to establish independent labor unions despite
challenges by factory level activists to the UGTA's
authority. The July 1988 law that reinforced the UGTA's
status as sole labor representative remained on the books,
although it was generally accepted, even by the Government,
that the law had been overtaken by post-October 1988 events.
The Government tolerated an extended series of strikes without
making reference to the 1988 law. The Government announced
plans to submit a new draft law but had not done so by the end
of the year. During 1989, in response to a more volatile
labor environment, the UGTA loosened its ties to the FLN and
pursued the activist role it had assumed in 1988. In
particular, the UGTA sought to protect wages and job security
as the effects of the Government's austerity program were
increasingly felt.
The Constitution as revised in 1989 recognizes the right to
strike but stipulates that it must be exercised within the
framework of the law. Previous legislation prohibits strikes
in the public sector, and the Government has not yet
introduced legislation to supersede that law. Nevertheless,
spontaneous, illegal strikes occurred frequently during 1989,
as workers demanded higher wages and increased benefits or
protested various management practices. Although the law
prescribed prison sentences for illegal strikers, the
Government apparently chose not to enforce that provision.
In 1989 the UGTA represented Algeria in the International
Confederation of Arab Trade Unions and in the Maghreb Arab
Union Regional Association.
b. The Right to Organize and Bargain Collectively
Pending the adoption of new legislation to implement
constitutional revisions, the July 1988 labor law remains
technically in effect. That law, like its predecessors,
maintains the UGTA's status as the sole authorized workers'
representative, while providing for full representation and
unrestricted organizing under UGTA auspices, collective
bargaining, access to the workplace, unrestricted issuance of
union publications, and time off for official union
activities. Antiunion discrimination is illegal and unions
are granted the right to initiate collective and individual
court cases on employer-related grievances. Labor laws are
applied uniformly throughout the country, but enforcement is
lax. There are no export processing zones in Algeria.
c. Prohibition of Forced or Compulsory Labor
There is no forced or compulsory labor.
d. Minimum Age for Employment of Children
The minimum employment age is 18 years. The minimum age is
enforced in the state sector, the country's largest employment
sector. It is unregulated in the small private sector, but
violations are not widespread. With continuing economic
hardship, however, there was an increase in the number of
children occupied in informal employment, such as in street
vending.
e. Acceptable Conditions of Work
Algeria has a 44-hour workweek and strict occupational and
health regulations, but enforcement is generally lax. The
legal minimum wage is very low--$190 per month at the official
exchange rate—and not adequate to provide a worker and his
family with a decent standard of living. It was not known
whether the minimum wage was enforced in the informal sector
