(Beirut) – In a call for change, eight human rights organizations, including Human Rights Watch, are urging Algerian authorities to lift excessive constraints on civil society groups and to replace the outdated 2012 associations law with one that aligns with international human rights standards. A draft bill currently under consideration threatens to further erode the fundamental right to freedom of association, critics warn.
The draft bill, which has been reviewed by these organizations, fails to amend existing provisions that infringe upon the right to freedom of association. Instead, it proposes additional restrictions, augmenting government oversight of organizations throughout the country. Under the proposed law, organizations would still be required to seek prior government approval to form, a stipulation that contradicts constitutional guarantees.
“Algerian authorities must halt the roadblocks that hinder associations from operating freely,” stated Alexis Thiry, a legal advisor at the MENA Rights Group. “Rather than remedying the deficiencies in Algeria’s associations law, this draft bill would only exacerbate the situation.”
Since the emergence of the Hirak protest movement in 2019, civic organizations in Algeria have faced an ongoing crackdown and increasing restrictions. Authorities have prohibited public and political gatherings, targeted human rights defenders, and even dissolved prominent groups such as the Rassemblement Actions Jeunesse (Youth Action Rally or RAJ) and the Algerian League for the Defense of Human Rights. The existing 2012 law is riddled with vague and overly broad provisions that impose heavy registration and operational burdens on associations.
The new draft bill would provide the Interior Ministry with extensive authority over the establishment, functioning, and funding of associations, as well as virtually unfettered control over their activities. It has yet to be officially presented to parliament.
Among its troubling features, the bill imposes arbitrary limitations on the objectives and activities of associations, defining their purpose narrowly as “support to public authorities … to implement public policies.” This contradicts the core principles of an independent civil society. Furthermore, it mandates that associations must conduct their activities with respect for “national values” such as “national unity and territorial integrity” — vague terms that could be weaponized to arbitrarily restrict an organization’s work.
The bill retains prohibitions against organizations maintaining any relationships with political parties or receiving financial support from them, a requirement mirrored in the existing 2012 law. Additionally, foreign funding would require authorization from the Interior Ministry or a governor, and any donation exceeding 1,500,000 Algerian dinars (approximately USD $11,550) would necessitate a “certificate of compliance.”
Establishing an association under the proposed law would remain burdensome, requiring a general assembly attended by a bailiff and a minimum of 10 founders for municipal associations or 25 founding members residing across at least one-third of the country’s governorates for national associations.
All founding members must be Algerian citizens with no prior criminal convictions, which would effectively exclude many civil society actors who have been prosecuted for exercising their fundamental rights in recent years.
These stipulations contradict the African Charter on Human and Peoples’ Rights, ratified by Algeria in 1987, and the Guidelines on Freedom of Association and Assembly in Africa. The guidelines stipulate that “no more than two people shall be required to establish an association” without discrimination and that “past criminal conviction alone shall not prevent an individual from founding an association.”
Additionally, the draft bill maintains a convoluted registration system similar to the current law, mandating that groups submit specific documents for governmental review. Authorities would then have 30 to 60 days to issue a registration receipt, which must be published in a newspaper within another 30 days. If no receipt is issued during this timeframe, the association would be considered legally registered but unable to operate. Many human rights organizations have encountered significant hurdles in acquiring these registration receipts.
According to the Guidelines on Freedom of Association and Assembly in Africa, associations should receive official documents confirming their registration immediately.
The proposed law allows authorities to deny an association’s formation based on a “reasoned decision,” which could only be appealed in court. To open an office, an association must notify the relevant governor, who may object based on public order and security concerns.
The draft law would also perpetuate restrictions on foreign associations, curtailing their operational freedoms and granting the Interior Ministry sweeping control that contravenes the African guidelines. Cooperation between Algerian and foreign organizations would be dictated by vague stipulations regarding respect for “national values and fundamental principles,” and the establishment of foreign offices would hinge on “friendly relations” between Algeria and the originating country of the international organization.
Further requirements include submitting minutes, financial, and narrative reports to authorities within 30 days of each general assembly. The draft bill empowers Interior Ministry agents to inspect associations’ premises at any time and access administrative and financial documents, fostering an environment for intrusive surveillance without judicial oversight.
The bill permits authorities to suspend an association for 30 days for various reasons, including failure to renew its executive body or for violations of its statutes. This represents a regression from the 2012 law, which mandated a formal notice with the opportunity to respond before any suspension.
The right to form associations is enshrined in Article 53 of the Algerian Constitution, which states it can be exercised by simple declaration. Algeria is obliged to uphold, protect, promote, and fulfill the right to freedom of association, as outlined in Article 22 of the International Covenant on Civil and Political Rights and Article 10 of the African Charter on Human and Peoples’ Rights.
Limitations on this right are permissible only when prescribed by law and necessary in a democratic society, employing the least restrictive means possible while reflecting fundamental values of pluralism and tolerance. “Necessary” restrictions must also be proportionate and non-discriminatory regarding national origin or political beliefs.
“Algerian authorities have a crucial opportunity to enact a new law that adheres to international standards on the right to freedom of association, allowing civil society groups to operate freely and without undue constraints or fear of reprisals,” stated Bassam Khawaja, deputy Middle East and North Africa director at Human Rights Watch. “The draft bill on associations must be completely revised in consultation with civil society to eliminate restrictive provisions.”
