ALGERIA


CCPR


RESERVATIONS AND DECLARATIONS

(Unless otherwise indicated, the reservations and declarations were made upon ratification, accession or succession)


[Interpretative declarations:


            1. The Algerian Government interprets article 1, which is common to the two Covenants, as in no case impairing the inalienable right of all peoples to self-determination and to control over their natural wealth and resources.


            It further considers that the maintenance of the State of dependence of certain territories referred to in article 1, paragraph 3, of the two Covenants and in article 14 of the Covenant on Economic, Social and Cultural Rights is contrary to the purposes and principles of the United Nations, to the Charter of the Organization and to the Declaration on the Granting of Independence to Colonial Countries and Peoples [General Assembly resolution 1514 (XV)].


            2. The Algerian Government interprets the provisions of article 8 of the Covenant on Economic, Social and Cultural Rights and article 22 of the Covenant on Civil and Political Rights as making the law the framework for action by the State with respect to the organization and exercise of the right to organize.


            3. The Algerian Government considers that the provisions of article 13, paragraphs 3 and 4, of the Covenant on Economic, Social and Cultural Rights can in no case impair its right freely to organize its educational system.


            4. The Algerian Government interprets the provisions of article 23, paragraph 4, of the Covenant on Civil and Political Rights regarding the rights and responsibilities of spouses as to marriage, during marriage and at its dissolution as in no way impairing the essential foundations of the Algerian legal system.]

(Chapter IV.3, Multilateral Treaties Deposited with the Secretary-General)


Note


With respect to the interpretative declarations made by Algeria the Secretary-General received, on 25 October 1990, from the Government of Germany the following declaration:


[The Federal Republic of Germany] interprets the declaration under paragraph 2 to mean that the latter is not intended to eliminate the obligation of Algeria to ensure that the rights guaranteed in article 8, paragraph 1, of the International Covenant on Economic, Social and Cultural Rights and in article 22 of the International Covenant on Civil and Political Rights may be restricted only for the reasons mentioned in the said articles and that such restrictions shall be prescribed by law.


It interprets the declaration under paragraph 4 to mean that Algeria, by referring to its domestic legal system, does not intend to restrict its obligation to ensure through appropriate steps equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution.

(Note 13, Chapter IV.4, Multilateral Treaties Deposited with the Secretary-General)



OBJECTIONS MADE TO STATE PARTY’S RESERVATIONS AND DECLARATIONS

(Unless otherwise indicated, the objections were made upon ratification, accession or succession)


Netherlands, 18 March 1991


With regard to interpretative declaration made by Algeria:


[With regard to the interpretative declaration made by Algeria concerning article 13, paragraphs 3 and 4:


In the opinion of the Government of the Kingdom of the Netherlands, the interpretative declaration concerning article 13, paragraphs 3 and 4 of the International Covenant on Economic, Social and Cultural Rights must be regarded as a reservation to the Covenant. From the text and history of the Covenant it follows that the reservation with respect to article 13, paragraphs 3 and 4 made by the Government of Algeria is incompatible with the object and purpose of the Covenant. The Government of the Kingdom of the Netherlands therefore considers the reservation unacceptable and formally raises an objection to it.


[This objection is] not an obstacle to the entry into force of [the Covenant] between the Kingdom of the Netherlands and Algeria."]

(Chapter IV.3, Multilateral Treaties Deposited with the Secretary-General)



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Portugal, 26 October 1990


["The Government of Portugal hereby presents its formal objection to the interpretative declarations made by the Government of Algeria upon ratification of the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights. The Government of Portugal having examined the contents of the said declarations reached the conclusion that they can be regarded as reservations and therefore should be considered invalid as well as incompatible with the purposes and object of the Covenants.


This objection shall not preclude the entry into force of the Covenants between Portugal and Algeria.]

(Chapter IV.3, Multilateral Treaties Deposited with the Secretary-General)



DECLARATION RE: ARTICLE 41

(Unless otherwise indicated, the declarations were made upon ratification, accession or succession)


[The Government of the Democratic People's Republic of Algeria] recognizes the competence of the Human Rights Committee referred to in article 28 of the Covenant to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Covenant.



DEROGATIONS: NOTIFICATIONS UNDER ARTICLE 4 (3) OF THE COVENANT


19 June 1991


In view of public disturbances and the threat of deterioration of the situation [...] a state of siege has been proclaimed, beginning at midnight in the night of 4-5 June 1991, for a period of four months throughout Algerian territory.


The Government of Algeria subsequently specified that these disturbances had been fomented with a view of preventing the general elections to be held on 27 June 1991 and to challenge the ongoing democratic process; and that in view of the insurrectional situation which threatened the stability of the institutions, the security of the people and their property, and the normal operation of the public services, it had been necessary to derogate from the provisions of articles 9 (3), 12 (1), 17, 19 (2) and 21 of the Covenant.


The said state of siege was terminated throughout Algeria on 29 September 1991.


*****


14 February 1992

(Dated 13 February 1992)


In view of the serious threats to public order and the safety of individuals over the past few weeks, the growth of such threats during the month of February 1992 and the dangers of aggravation of the situation, the President of the High State Council, [...], has issued Presidential decree No. 92-44 of 9 February 1992, decreeing a state of emergency, throughout the national territory, with effect from 9 February 1992 at 2000 hours for a duration of twelve months, in accordance with articles 67, 74 and 76 of the Algerian Constitution. [The Government of Algeria has specified that the articles of the Covenant which are derogated from are articles 9(3), 12, 17 and 21].


The establishment of the state of emergency, which is aimed essentially at restoring public order, protecting the safety of individuals and public services, does not interfere with the democratic process inasmuch as the exercise of fundamental rights and freedoms continues to be guarantied.


The state of emergency may, however, be lifted ahead of schedule, once the situation which prompted its establishment has been resolved and normal conditions of life in the nation have been restored.


*****


25 February 2011


... by Presidential Ordinance No. 11-01 of 23 February 2011, the Government of the People's Democratic Republic of Algeria has lifted the state of emergency.


[The] [s]aid Ordinance [...] repealed Legislative Decree No. 93-02 of 6 February 1993 extending the duration of the state of emergency established by Presidential Decree No. 92-44 of 9 February 1992...




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