21/13 Report of the Working Group on the Universal Periodic Review - Algeria
Document Type: Final Report
Date: 2012 Jul
Session: 21st Regular Session (2012 Sep)
Agenda Item: Item6: Universal Periodic Review
GE.12-14978 (E) 250712 310712
Human Rights Council Twenty-first session Agenda item 6 Universal Periodic Review
Report of the Working Group on the Universal Periodic Review*
Algeria
* The annex to the present report is circulated as received.
United Nations A/HRC/21/13
General Assembly Distr.: General 5 July 2012 English Original: English/French
2 GE.12-14978
Contents Paragraphs Page
Introduction............................................................................................................. 1–4 3
I. Summary of the proceedings of the review process................................................ 5–128 3
A. Presentation by the State under review........................................................... 5–23 3
B. Interactive dialogue and responses by the State under review ....................... 24–128 5
II. Conclusions and/or recommendations .................................................................... 129–130 15
Annex
Composition of the delegation ......................................................................................................... 24
GE.12-14978 3
Introduction
1. The Working Group on the Universal Periodic Review (UPR), established in accordance with Human Rights Council resolution 5/1 of 18 June 2007, held its thirteenth session from 21 May to 4 June 2012. The review of Algeria was held at the 12th meeting on 29 May 2012. The delegation of Algeria was headed by Mourad Medelci, Minister for Foreign Affairs. At its 17th meeting, held on 1 June 2012, the Working Group adopted the report on Algeria.
2. On 3 May 2012, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of Algeria: Costa Rica, Nigeria, the Philippines.
3. In accordance with paragraph 15 of the annex to resolution 5/1 and paragraph 5 of the annex to resolution 16/21, the following documents were issued for the review of Algeria:
(a) A national report submitted/written presentation made in accordance with paragraph 15 (a) (A/HRC/WG.6/13/DZA/1); (b) A compilation prepared by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/13/DZA/2); (c) A summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/13/DZA/3).
4. A list of questions prepared in advance by Germany, Ireland, Netherlands, Norway, Slovenia and Sweden was transmitted to Algeria through the troika. These questions are available on the extranet of the UPR.
I. Summary of the proceedings of the review process
A. Presentation by the State under review
5. The Minister for Foreign Affairs of Algeria, in introducing the national report, recalled that Algeria was especially interested in the universal periodic review mechanism since it was a particularly useful universal tool for assessing and improving the human rights situation in the world.
6. Since the submission of the country’s first report on 14 April 2008, Algeria had made considerable progress in expanding freedoms and increasing respect for human rights.
7. He emphasized that the report had been the fruit of an intense interministerial consultation process, which had been extended to include other consultative bodies and representatives of civil society. A summary was then given of the implementation of recommendations accepted during the first review.
8. The fight against terrorism had made it necessary to take exceptional measures in the 1990s to protect people and property. Nonetheless, the State had always respected the law, human dignity and basic freedoms.
9. Over and above the lifting of the state of emergency in February 2011, terrorism cases were now tried in the ordinary courts.
10. The moratorium on the death penalty, initiated in Algeria in 1993, was still observed.
4 GE.12-14978
11. The protection of detainees in police custody was strictly regulated by the Code of Criminal Procedure and the Criminal Code, which criminalized torture, and was monitored through other measures, such as the visits made to places of detention by the International Committee of the Red Cross (ICRC) and the National Consultative Commission for the Promotion and Protection of Human Rights.
12. With regard to the tragic issue of disappeared persons, the Minister referred to the statement in the report of the Working Group that it was “impressed” by the Algerian Government’s determination to solve the cases before the Group.
13. The Minister reported the steps taken to further the dialogue with religious minorities, which included authorizing the two Catholic and Protestant associations to import Christian literature and the facilitation of entry and residence visa procedures for members of religious orders.
14. Reiterating Algeria’s commitment to cooperating with the human rights mechanisms, he said that once all the pending visits had been completed, the Government would in due course consider the requests to visit submitted by other mandate holders, in accordance with the importance of their mandates to Algeria.
15. The Minister also reiterated Algeria’s commitment to the promotion of women’s rights and outlined the legal and practical measures taken to ensure women’s full participation in public life.
16. He drew attention to the launch of the 2008–2015 national plan for children entitled “Algeria Worthy of its Children”, which aimed to provide for a better life, to guarantee a quality education for children and to better protect them against abuse, exploitation and violence.
17. He also mentioned the criminalization of human trafficking. The Minister recalled the progress made in various areas; Algeria was well on the way to attaining the eight Millennium Development Goals by the 2015 deadline.
18. With regard to the changes under way since 2008, the Minister highlighted the political reform process launched by the President in 2011, which was set to culminate with the adoption of a new Constitution.
19. He stressed that the reforms stemmed from a strong desire to expand democracy in Algeria and to fulfil the expectations of the Algerian people. The legislation adopted to that end was based on the most progressive standards on the subject, and both established the rule of law and enhanced representative democracy in the country.
20. It was in that spirit that the legislative elections had been held in optimum conditions of transparency and freedom, and in the presence of 500 international observers. Women now held 146 of the 426 seats in the new Assembly, or 31.6 per cent.
21. Under those reforms, real and broad opportunities had opened up for increasing the involvement of civil society in all aspects of public life.
22. The Minister reaffirmed the Government’s determination to consolidate the achievements obtained with the reform of the justice system, to further promote the well- being and potential of young people and to pursue socioeconomic development, in particular through its five-year development plan for 2010–2014.
23. With regard to Algeria’s contribution to international efforts to promote human rights, Mr. Medelci confirmed Algeria’s candidacy to become a member of the Human Rights Council for the 2014–2016 mandate.
GE.12-14978 5
B. Interactive dialogue and responses by the State under review
24. During the interactive dialogue, 77 delegations made statements. Recommendations made during the dialogue are to be found in section II of the present report.
25. Mexico welcomed the lifting of the state of emergency and trusted that it would lead to all people being able to fully exercise their civil and political rights. It hoped that the justice reform process would be completed as soon as possible and would result in better State accountability. Mexico made recommendations.
26. Mozambique praised Algeria for initiatives taken to enhance enjoyment of human rights. It recognized Algeria’s decision to lift the state of emergency and its reforms in politics and the judiciary. It noted Algeria’s comprehensive programme to raise awareness of the importance of human rights within the police and law enforcement institutions.
27. Namibia commended Algeria on ratifying core international human rights instruments, upholding the moratorium on the death penalty, its continued cooperation with the special procedures, and financial contributions to the OHCHR. It noted Algeria’s active participation in the HRC and support of the Saharawi people. Namibia made recommendations.
28. Netherlands commended Algeria on legislation concerning women’s participation in political decision-making processes. It was concerned about remaining discriminatory provisions in the Family Code and the continued restriction of expression, having received reports of a legal requirement to obtain the approval of a media regulatory authority for all publications. Netherlands made recommendations.
29. Nicaragua underlined Algeria’s plan to combat poverty and achieve the Millennium Development Goals (MDGs), its progress made in promoting women’s rights and its policy of national reconciliation. National unity was an essential pillar for the foundations of peace and development of a country and Nicaragua urged Algeria to continue in its efforts. Nicaragua made a recommendation.
30. Norway supported Algeria’s lifting of the state of emergency, but noted that restrictions continued to apply. While welcoming Algeria’s moratorium on the death penalty, it observed that death sentences continued to be pronounced even if not executed. It emphasized the need to withdraw its reservations to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Norway made recommendations.
31. Oman welcomed Algeria’s recent elections, reflecting the efforts to strengthen transparency, participation and the rule of law, which will improve the human rights situation. Oman commended the contributions of the national consultative committee and civil society to the national report as an engagement to uphold human rights. Oman made recommendations.
32. Pakistan welcomed initiatives such as the lifting of the state of emergency. It noted efforts to achieve the MDGs by 2015 and constitutional and institutional measures to promote women’s and children’s rights, particularly a constitutional amendment to increase women’s participation in decision-making. Pakistan made recommendations.
33. Palestine welcomed the procedures to criminalize trafficking in persons, the measures to protect child’s rights and the steps to improve job and work conditions, which positively impacted on human rights. Palestine noted the strong women representation in the electoral lists and the increase in their status. Palestine made recommendations.
34. Qatar welcomed Algeria’s achievements and commended its cooperation with various human rights mechanisms and its accession to most treaties. Since its first report, Algeria has taken measures to promote human rights, including political, institutional,
6 GE.12-14978
social and economic reforms, as will be shown in the new Constitution. Qatar made recommendations.
35. The Republic of Moldova noted that Algeria had stepped up efforts in the area of economic, social and cultural rights. It encouraged Algeria to pursue its efforts to reduce gender disparities. It took note of Algeria’s progress in combating violence against children. The Republic of Moldova made recommendations.
36. The Russian Federation expressed solidarity with Algeria in fighting terrorism and appreciated its efforts to ensure compliance with human rights in that regard. It noted measures to modernize the political system, new legislation on political parties and a programme to reduce unemployment, especially among youth. The Russian Federation made recommendations.
37. Saudi Arabia commended Algeria’s efforts to promote human rights and welcomed the consultations with stakeholders. It commended progress in the rights to education and health. It appreciated the positive interaction with all human rights mechanisms and the efficiency in implementing the UPR recommendations. It made recommendations.
38. Senegal noted achievements in social and economic spheres as a result of courageous measures. It also noted measures to ensure women had a greater representation in public institutions and politics, especially in Parliament. Senegal made recommendations.
39. Singapore noted Algeria’s efforts to achieve the MDGs, particularly access to primary education and health, and a reduction in the spread of HIV/AIDS. It also noted efforts to promote gender equality and empower women, and a higher female enrolment in tertiary education. Singapore made recommendations.
40. Slovakia acknowledged Algeria’s ratification of the Convention on the Rights of Persons with Disabilities (CRPD) and the lifting of the state of emergency in 2011. It also noted that Algeria was a de facto abolitionist country, the last execution having been carried out in 1993. Slovakia made recommendations.
41. Slovenia welcomed Algeria’s commitment to improving its legislation and policies to eliminate discrimination against women and commended it for its commitment to withdrawing the reservation to article 9 of CEDAW. Slovenia made recommendations.
42. South Africa commended Algeria on its support for the African liberation struggle. It congratulated Algeria on its recent elections, especially given the ongoing terrorist threats. It asked whether Algeria had considered the recommendations of the Committee on Economic, Social and Cultural Rights (CESCR) on amending legislation to prohibit and criminalize domestic violence and on intensifying efforts to combat child labour. South Africa made a recommendation.
43. Spain congratulated Algeria on progress made to consolidate democracy in the country. It commended Algeria for implementing a moratorium on the use of the death penalty. Spain made recommendations.
44. Sri Lanka commended the adoption of legislation to strengthen democratic institutions. It noted the increased number of women elected to the National Assembly and efforts to combat terrorism. It welcomed the criminalization of human trafficking, measures to promote the rights of women and children, and progress towards achieving the MDGs.
45. Sudan applauded the implementation of the majority of recommendations and hoped that Algeria would continue completing the remaining recommendations. Sudan noted the measures and plans to achieve the Millennium Development Goals as they led to improvement of a number of social indicators. Sudan made recommendations.
GE.12-14978 7
46. Swaziland commended Algeria’s efforts to improve the lives of its citizens and its leading role in Geneva in defending Africa’s interests, which showed the importance Algeria attached to the promotion and protection of human rights. It appreciated the financial contributions made by Algeria to OHCHR and other United Nations institutions.
47. Sweden was concerned at reports of torture and ill-treatment in places of detention, particularly in connection with anti-terrorism efforts. It welcomed the new strategy to combat violence against women, but urged that funding be allocated for its implementation. It asked what measures were envisaged to strengthen efforts to combat violence against women. Sweden made recommendations.
48. Switzerland expressed concern about discrimination against women in family law and against religious minorities. It noted that there had been no executions since 1993, and that Algeria had co-sponsored General Assembly resolution 65/2006 in which the Assembly called for a worldwide moratorium on the use of the death penalty. Switzerland made recommendations.
49. Thailand encouraged Algeria to consolidate democracy, the rule of law, the independence of the judiciary and respect for human rights in its reform process. It welcomed progress made in women’s participation in politics and decision-making and in achieving the MDGs in health and education, but noted that regional disparities persisted. Thailand made recommendations.
50. The Minister for Foreign Affairs of Algeria thanked the delegations that had made statements for their encouragement and their recommendations. Algeria had always had faith in all international human rights mechanisms and in the conventions to which it had acceded, which consolidated human rights. It had constantly worked to promote international cooperation on human rights matters. As a founding member of the Human Rights Council, Algeria was involved in the series of reforms under way at the United Nations, and supported the reform-minded approach both as a country and as a member of regional organizations. The importance Algeria attached to its work with treaty mechanisms did not prevent it from continuing to cooperate with other ones as well. In that regard, Algeria was cooperating with the special procedures. The Algerian Government had invited seven special procedures mandate holders to visit the country. Three visits by special rapporteurs had already been carried out: one on violence against women, one on freedom of opinion and expression, and one on adequate housing. He reiterated the invitation to the other four special rapporteurs, namely those on the rights to education, health, food, and safe drinking water and sanitation. Once those visits had been completed, the Algerian Government would be willing to examine the possibility of receiving visits from other special rapporteurs. Algeria’s cooperation with universal mechanisms had extended to the African Commission on Human and Peoples’ Rights. Two consecutive visits had been arranged, in December 2009 and 2010, for two Commission delegations comprising five thematic mandate holders. In addition, Algeria had submitted periodic reports to the Commission.
51. Algeria was emerging from a painful decade that had had major consequences for the Algerian people. In that extremely difficult context, the country had had to initiate a process of national unity and reform of the legal system to bolster freedoms and democracy.
52. The national tragedy had made it necessary to take steps to combat terrorism, which had been defeated thanks only to the sacrifices of the security forces and the vigilance and participation of the population. The decision to lift the state of emergency, which marked a return to order and security, was an important decision, and had been carefully considered. It did not, however, preclude the need to exercise vigilance by being particularly careful about freely allowing meetings to take place with extensive media coverage. Such
8 GE.12-14978
precautionary measures could be relaxed to allow citizens to enjoy the full range of possibilities for expressing their views and ideas.
53. The right to freedom of expression was guaranteed since the changes made to the system in 1989. Freedom of expression had also recently been consolidated with the passing of the new 2012 Information Act, which strengthened the protection of journalists and opened up television and radio to the Algerian private sector. With regard to the visit by the Special Rapporteur of the Human Rights Council on the promotion and protection of the right to freedom of opinion and expression, he noted that the Special Rapporteur had been able to see for himself the total freedom of expression enjoyed by the people of Algeria and the remarkable output of the printed media. The preliminary recommendations issued by the Special Rapporteur, Mr. La Rue, after the visit, had already been taken into account in the drafting of the new Information Act of 2012.
54. With regard to freedom of association, and specifically authorization for the establishment of associations — be they political or not — the conditions had improved under a new law on the subject. The authorities were now obliged to respond to applications within specific deadlines, and denials were subject to appeal in the courts.
55. Turning to the issue of freedom of worship, he referred to the steps taken to better guarantee the exercise of that freedom, which included the regularization of the status of the Protestant Church of Algeria, the authorization for the two Catholic and Protestant associations to import Christian literature and the facilitation of visa procedures for members of religious orders. The high-level meetings that Algeria had organized demonstrated its desire to consider the matter as part of the dialogue among civilizations.
56. The laws passed under the political reforms under way since April 2011 had all been adopted in compliance with the International Covenant on Civil and Political Rights. As the Covenant stipulated that the only acceptable restrictions on the freedoms it established were those for which provision was made in domestic law, Algeria was in compliance.
57. In the light of the importance attached by delegations to the rights of women and children, he highlighted the Algerian authorities’ efforts to increase women’s participation in politics. The constitutional reform of 2008 had paved the way for the latest legislative elections, in which the proportion of seats held by women in the National People’s Assembly had increased fourfold. Women were increasingly involved in civil society organizations, which were a key element in promoting economic and social development.
58. The Minister then gave the floor to another member of the delegation, Ms. Boureghda, who referred to the 2010–2014 National Plan for the Advancement and Integration of Algerian Women, which had two main objectives: to ensure that men and women benefited equally from national development programmes and to help create a favourable climate for the pursuit of sustainable development on the basis of partnership between men and women. Cooperation with United Nations agencies and bilateral partnerships encompassed several programmes, including some addressing gender equality, the empowerment of women, the strengthening of female leadership and the participation of women in public and political life in the context of cooperation with international organizations. She also presented the national strategy to combat violence against women and the measures taken to implement it, which involved the participation of different public agencies and civil society organizations. She illustrated her point with examples of the steps taken to improve the services provided in women’s shelters, outreach points and social rehabilitation centres for women victims of violence.
59. Timor-Leste was confident that the legal, policy and institutional frameworks in Algeria would allow it to consolidate and further enhance its achievements. It underlined concerns raised by civil society on women’s and children’s rights, disparities in education and services in remote areas and youth participation. Timor-Leste made a recommendation.
GE.12-14978 9
60. Togo noted with satisfaction the programmes for human rights training, efforts to strengthen further the enjoyment of economic, social and cultural rights, and the organization of civil society forums by the National Economic and Social Council. Togo made recommendations.
61. Turkey commended Algeria on conducting its legislative elections in a peaceful and calm atmosphere. It acknowledged the high number of women elected and noted the importance of a strong role for women in society. Turkey made recommendations.
62. Uganda noted Algeria’s continued engagement with the United Nations treaty bodies and procedures. It also welcomed Algeria’s enhanced cooperation with OHCHR. It commended the criminalization of torture and highlighted Algeria’s high ranking by UNDP in human development. Uganda made recommendations.
63. United Arab Emirates welcomed Algeria’s measures to promote human rights and to implement the UPR recommendations. It commended its approach in enforcing the rule of law and good governance; incorporating human rights in its legislative framework; and the achievements regarding women, children, health and education. It made one recommendation.
64. The United Kingdom of Great Britain and Northern Ireland welcomed legislation to improve women’s participation in public life and the Government’s interaction with religious groups, but noted concerns about the implementation of religious laws at local level. It also noted that domestic legislation was not in conformity with international human rights obligations regarding freedom of association and expression. It asked when the Government would facilitate Special Rapporteur visits. It made recommendations.
65. The United States of America commended Algeria on partially lifting restrictions on freedom of assembly, but was concerned by remaining restrictions on civil society organizations under the revised Law on Associations and about continued restrictions on free assembly. It was further concerned by reports that many incidents of violence against women were insufficiently investigated and prosecuted. It made recommendations.
66. Uruguay welcomed progress made towards achieving the MDGs, legislation introducing quotas for women in legislative and local elections and the criminalization of trafficking in persons, human organs and migrants in the Criminal Code. It noted that corporal punishment was prohibited in schools. It welcomed the signing of the CED. Uruguay made recommendations.
67. Uzbekistan welcomed positive steps by Algeria to develop human rights in the educational, health and social security system, the media and in the area of women’s rights. It underlined Algeria’s good cooperation with OHCHR. It asked what measures had been adopted to achieve further progress in the development of inclusive education for persons with disabilities.
68. Venezuela (Bolivarian Republic of) highlighted the significant progress made by Algeria in social expenditure and human development. It welcomed Algeria’s policy on women’s rights to ensure their full participation in the country’s development and decision- making processes. It noted the reforms of the national health system and improvements in education and school enrolments. It made recommendations.
69. Viet Nam commended Algeria on progress made on political, legislative and institutional reform, the extension of rights and freedoms, the recent parliamentary elections and the lifting of the state of emergency. It appreciated measures adopted to combat poverty, provide free education and health care, achieve the MDGs and improve the human development index. Viet Nam made recommendations.
10 GE.12-14978
70. Zimbabwe welcomed the significant achievements made by Algeria in ensuring civil, political, social and cultural rights. It noted the constraints and challenges highlighted in its report and Algeria’s resolve to overcome them. Zimbabwe made recommendations.
71. Angola welcomed Algeria’s reforms, which led to the adoption of a new Constitution, and the holding of free and parliamentarian elections. It noted measures to combat terrorism and poverty; the promotion of economic, social and cultural rights; and the achievement of the MDGs. It made a recommendation.
72. Argentina welcomed the Criminal Code reform, criminalizing torture; and the death penalty moratorium. It pointed at the progress concerning women’s rights, particularly the National Strategy of Integration and Promotion of Women 2008-2013 and the Shared Programmed for gender equality and empowerment of women 2009-2011. It made recommendations.
73. Australia welcomed the lifting of the state of emergency and Algeria’s withdrawal of reservation to article 9, paragraph 2, of CEDAW. It remained concerned that Algerians cannot fully exercise their rights to freedom of expression, assembly and association. Australia welcomed the efforts to strengthen the protection of women’s rights. It made recommendations.
74. Azerbaijan urged Algeria to strengthen the National Consultative Commission, as recommended by treaty bodies, and commended Algeria cooperation with Special Procedures. It welcomed the measures to protect women’s rights. Azerbaijan inquired about the establishment and priorities of the National Center for the analysis, information and documentation on family, women and children affairs.
75. Bahrain commended measures to promote women’s rights and fight violence against women and children, as demonstrated by the national strategy to combat violence against women and the national action plan for children 2008–2015, which focuses on strengthening the protection of children from exploitation, abuse and violence. Bahrain made recommendations.
76. Bangladesh appreciated Algeria efforts to guarantee economic, social, cultural, civil and political rights. Bangladesh acknowledged the plans of action and programmes on gender equality, promotion of children’s rights and protection of children from violence. It applauded Algeria’s contribution to OHCHR to assist the least advanced countries. It made recommendations.
77. Belarus welcomed the set of international human rights obligations that Algeria has taken upon itself and its cooperation with special procedures. It noted the comprehensive policy on health care and education and the steps to improve employment and social protection. It welcomed progress in providing primary education. It made recommendations.
78. Belgium noted Algeria’s measures to respect human rights. Recalling that freedom of association is an essential component of democracy, it raised concern about the 12-06 Law (2012) regarding associations as it broadens the conditions under which they can be suspended or dissolved by the authorities. It made recommendations.
79. Brazil welcomed the increased participation of women in political life and its policies to combat violence against women, and inquired about Algeria’s experience in addressing this issue. It highlighted progress on the MDGs, particularly the infant mortality reduction rate. Brazil commended Algeria for prioritizing the eradication of poverty. It made a recommendation.
80. Burkina Faso welcomed Algeria’s National Plan of Action for childhood; the National Strategy (2005–2012) for fighting violence against children; and the cooperation
GE.12-14978 11
with special procedures. It saluted Algeria’s efforts towards combating terrorism. It noted the institutional, social and economic reforms and the ratification of international instruments. It made a recommendation.
81. France welcomed the lifting of the state of emergency (2011) but noted with concern the persistent restrictions on the enjoyment of fundamental rights It saluted the death penalty moratorium. France deplored that a large number of enforced disappearances has not yet been resolved. It made recommendations.
82. Chad noted Algeria’s human rights progress since the first review as well as its cooperation with OHCHR, treaty bodies and special procedures. It made a recommendation.
83. In his response to the second round of statements from delegations, the Minister addressed the concerns voiced about the issue of disappeared persons, emphasizing the fact that if the Algerian people had to choose there and then between security and the broadest possible freedom to hold public demonstrations, they would choose security because they knew the price of insecurity. The demonstrations held to date had been well handled by the security forces. They had fulfilled their role, and if there had been any injuries, they had been among their ranks. The security forces had been strictly instructed not to resort to the use of force or to carry weapons or tear gas grenades. Although Algeria was completely in favour of the full enjoyment of freedoms, vigilance was still called for as long as the chapter on terrorism had still not been definitively closed. Vigilance was essential in the eyes of the Algerian people, who had had to confront terrorism alone in the face of the international community’s indifference and lack of understanding.
84. Returning to the issue of freedom of association, he referred once more to Act No. 12-06, the Associations Act, of January 2012, noting that it was modelled in keeping with article 41 of the Constitution, which guaranteed freedom of association and freedom of assembly. At the time the Act was made law, over 90,000 associations had been counted in the country, while 15 years earlier there had not been so many. While some had voiced concerns about reports of restrictions on the establishment of associations, the situation needed to be viewed in context.
85. With regard to the foreign funding of associations, the Associations Act did not prohibit such funding; on the contrary, it encouraged partnerships, while demanding transparency as a precautionary measure required because the State must ensure the security of its citizens. The civil society movement was now a source of pride in Algeria, as it indicated the progress made in the long march towards democracy on which the country had embarked.
86. On the subject of children, the Minister referred to the 2008–2015 national plan for children which aimed to protect them from violence and illegal employment. In addition to the current legislation to protect children, which included penalties up to imprisonment for life, support measures had been put in place, including a monitoring strategy coordinated by an inter-agency committee.
87. As far as children’s education was concerned, school attendance had risen to record rates at all levels. School attendance for children in rural areas — a reference point for the Millennium Development Goals — had in some aspects already reached the targets in Algeria, in particular in respect of Goal No. 4 and the attendance rate, and also the proportion of female students at each level.
88. As for regional disparities, since gaining independence, Algeria had pursued regional balance and addressed potential imbalances generated by geographical constraints in all its development programmes, including the land management plan for up to 2025 and the development programme for the high plateaux and the Sahara region.
12 GE.12-14978
89. With regard to the constraints reportedly placed on freedom of worship, he again pointed out that decisions had been made to facilitate the granting of visas to members of religious orders.
90. In response to the fears expressed by some delegations that there were prisoners of conscience, he denied the existence of such cases in Algeria, recalling the provisions of the Information Act, which had decriminalized press offences.
91. The Minister then gave the floor to another member of the delegation, Mr. Rezzag Bara, to address the issue of disappeared persons. Mr. Rezzag Bara first placed the issue in the context of the wave of terrorism that had gripped the country between 1992 and 1996. The acts of terrorism had been perpetrated by a host of armed groups who had often been confused with the security forces by the civilian population.
92. The situation had given rise to a large number of enforced disappearances, which were currently being looked into by Algeria together with the Working Group on Enforced or Involuntary Disappearances. Several situations could lead to people disappearing. In most cases, relatives had reported a person as missing and accused the security forces of being involved at the request of that person, when in fact he or she had voluntarily joined a group of armed terrorists. Nevertheless, all families of victims of enforced disappearances had been taken into account under the provisions of the Charter for Peace and National Reconciliation.
93. The compensation provided under the Charter could take the form of a monthly payment or a one-off payment depending on the family’s situation. A total of 2,960 cases had been listed by the Working Group on Enforced or Involuntary Disappearances. In over 1,700 of those cases, the person had been declared legally disappeared and compensation had been awarded to the survivors; in over 215 cases, the person in question had been identified as a terrorist killed by the security forces, and in over 65 the person had been found alive, either in prison or at home. Investigations were under way to resolve the 500 cases still pending before the Working Group. The Working Group had been invited to visit Algeria to examine the documentation related to those cases and possibly to meet with the relatives of the persons who had been found alive, as well as with the relatives of those who had been declared legally dead and whose family members had thus been awarded compensation. A meeting had been scheduled with the Working Group for the following July to discuss the arrangements for the visit.
94. Chile pointed to Algeria’s process of constitutional, political and socio-economic reforms undertaken so far and its commitment to implement the UPR recommendations. It made recommendations.
95. China congratulated Algeria for its recent National People’s Assembly elections. It noted its fight against terrorism, in conformity with the law, and its measures to protect women’s rights and to combat violence against women and children. It highlighted its promotion of education and public health. It made a recommendation.
96. Congo welcomed the lifting of the state of emergency; death penalty moratorium; decriminalization of press offenses; and laws regarding the establishment of political parties and associations. It noted achievements in fighting against poverty, supporting persons with disabilities and improving public health services. It highlighted the laws devoting women’s quotas on electoral lists and the program for gender equality.
97. Costa Rica congratulated Algeria achievements regarding MDGs. It highlighted the measures to promote women and children’s rights. It stressed legislative reforms to improve the political participation of women and the institutional mechanisms to strengthen the education against violence. It made recommendations.
GE.12-14978 13
98. Côte d’Ivoire applauded Algeria efforts to implement the UPR recommendations and to ratify the international human rights instruments. It made recommendations.
99. Cuba noted Algeria’s efforts to fight poverty; the National Strategy 2005–2012 to combat violence against children; the promotion of women’s rights, supporting their social and professional integration; its work to guarantee security in regions where armed groups are operating; and the institutional, political and social reforms. It made a recommendation.
100. Democratic People’s Republic of Korea commended Algeria’s achievements in the realization of MDGs, particularly the right to education and health. It praised the implementation of various development plans, which resulted in a significant improvement in the living conditions of the Algerian population. It made recommendations.
101. Djibouti welcomed Algeria’s achievements to strengthen human rights, particularly the adoption of legislative provisions devoted to protect and promote the rights of persons with disabilities. It made recommendations.
102. Ecuador welcomed the institutional and political reforms, including the review of the Constitution to consolidate democracy, and inquired about the actions undertaken to bring about a pluralist and inclusive democracy. It acknowledged Algeria’s work in the areas of health and education. It made recommendations.
103. Egypt appreciated measures to protect and promote human rights, including the criminalization of all forms of trafficking in persons, the protection of child rights and the improvement of working conditions. Egypt also acknowledged efforts to improve the situation of women and their increased representation in parliament. Egypt made recommendations.
104. Canada raised questions on the Family Code amendments to remove all discriminatory provisions against women, including the issues of divorce, witness and inheritance. Canada was concern about reports on de facto and de jure restrictions to freedom of religion other than Islam. It made recommendations.
105. Germany noted the measures for better opportunities for young people. It inquired about measures to amend existing legislation to strengthen the rights to freedom of expression, information, association and assembly. It asked for the steps to ensure non- discrimination, including sexual orientation, and the right to privacy. It made recommendations.
106. Ghana commended the legislative reforms to advance the rights of women and children. It noted Algeria’s accession to CRPD but noted with concern that persons with disabilities face many obstacles. It urged to improve their situation, particularly its accessibility and representation in national bodies.
107. Greece acknowledged Algeria’s efforts to combat ill treatment, torture and its criminalization in the Penal Code. It noted the Law of 2012 providing quotas for women in Parliament. It welcomed the National Action Plan (2008–2015) to protect children against abuses, exploitation and violence, asking about its results. It made recommendations.
108. Hungary welcomed the lifting of the state of emergency; Algeria engagement with Special Procedures; and the death penalty moratorium. It was concerned at the broad definition of terrorism. Hungary urged for a comprehensive study of national legislation and policy to improve child welfare. Hungary made recommendations.
109. India welcomed Algeria’s accession to the human rights instruments; the promotion of women’s rights, such as women quota in political institutions; and the enactment of asylum laws. It commended Algeria for adopting measures to criminalize human trafficking. It made a recommendation.
14 GE.12-14978
110. Indonesia welcomed the political reform; the Development Plan (2010–2014) ensuring economic, social and cultural rights; the women’s rights promotion; the National Action Plan (2008) and National Strategy (2005–2012) to eliminate violence against children. In requested information about measures and policies to address migration and promote job creation. It made recommendations.
111. The Islamic Republic of Iran praised Algeria for the promotion of human rights particularly on education, training and combat of violence against women and children. It acknowledged Algeria for the ratification of the 2000 Optional Protocol to the Convention on the Rights of the Child. It made recommendations.
112. Iraq noted human rights achievements, such as the quota for women in parliament and their right to transmit their nationality to their children. Iraq enquired about reports that, after the lifting of the state of emergency, the Army powers, which had been expanded in the fight against terrorism, had been retained under the Law on military judiciary,. Iraq made recommendations.
113. Italy welcomed the elections, following the lifting of the emergency state, and the increased number of women elected in the National Assembly. It commended Algeria for the death penalty moratorium. It noted achievements on the right to education, requesting information on measures to increase girls’ schooling. It made a recommendation.
114. Jordan noted progress in economic, social and cultural rights, including the rights to health and education, in addition to civil and political rights, especially freedoms of opinion, expression and media. Jordan commended legislative and institutional developments, regarding the rights of women and children, and trafficking. It made recommendations.
115. Kuwait acknowledged advances in human rights, noting the amendment of several laws, the lifting of the state of emergency, as well as progress with regard to the rights of women and children. It commended continuing efforts to achieve the MDGs. Kuwait made a recommendation.
116. Latvia noted Algeria’s invitation to the special procedures mandate holders and the visits undertaken by several of them. It expressed its appreciation for the signature of the Rome Statute of the International Criminal Court in 2000. It made recommendations.
117. Lebanon praised efforts to improve women rights and their encouragement to become engaged in all fields, like the quota system to ensure their representation in elected bodies. Lebanon further commended consistent efforts to fight violence against women. It enquired about details of the new Media Law. It made a recommendation.
118. Lesotho congratulated Algeria for its democratic elections and encouraged the progressive realization of human rights through existing national mechanisms and institutions. It noted Algeria’s National Strategy for combating violence against women, including efforts for the equal participation of both genders in the political sphere and other walks of life.
119. Libya commended the constitutional reforms regarding the increased representation of women in elected bodies; and concerning the media and political parties, in addition to the Law on Associations. It welcomed the lifting of the state of emergency. Libya highlighted the risks of exploitation and trafficking of illegal migrants, especially of women and children, and enquired about measures taken.
120. Malaysia congratulated Algeria for the progressed achieved in many human rights areas since 2008, including the constitutional reform, the lifting of the state of emergency (February 2011) and the National Popular Assembly (May 2012). It made recommendations.
GE.12-14978 15
121. Mauritania commended Algeria’s commitment to the highest human rights standards in the areas of civil, political, economic, social and cultural rights. Mauritania positively noted the holding of the last elections according to international standards, highlighting that women had obtained 143 out of the 462 seats.
122. With regard to the Family Code, the Minister said that the cultural specificities and beliefs of Algerian society needed to be taken into account, in addition to the international standards to which Algeria adhered. The same applied in relation to the issue of the death penalty.
123. Returning to the issue of freedom of expression, he recalled that there was free access to the Internet in the country, a point also highlighted by the Special Rapporteur on freedom of expression.
124. As to visits to places of detention, ICRC regularly visited Algerian prisons, and the Algerian prison system was an open one.
125. On the subject of the right to housing, the 2010–2014 five-year development plan included a US$ 286 billion budget for the construction of 2 million homes, most of which were in social housing projects. In addition, 14,000 infrastructure projects would be carried out to benefit young people.
126. Persons with disabilities were included in the country’s governance policy and were given special attention. A national survey on persons with disabilities and their needs had been launched, and among the most recent measures was one that required all new buildings to meet accessibility standards. The five-year development plan also provided for the creation of 70 specialized health facilities.
127. In closing his presentation, the Minister stressed the importance that Algeria attached to the endeavour at hand, as evidenced by the major advances made by the country since 2008, and reiterated Algeria’s commitment to implementing the recommendations that the Council would make to further nurture that virtuous circle.
128. Algeria was committed to honouring the recommendations that it accepted and would examine all the recommendations received with due attention. He hoped that the exercise was viewed as having been useful, as it certainly had been for Algeria. The Algerian delegation was delighted to have voluntarily engaged in such an endeavour. Algeria had chosen to carry out the exercise of its own volition and, to do so with the support of the member States. It was also valuable for the other countries that participated because it enabled them to share experiences and to draw inspiration from good governance practices, and to avoid bad ones.
II. Conclusions and/or recommendations**
129. The following recommendations will be examined by Algeria which will provide responses in due time, but no later than the twenty-first session of the Human Rights Council in September 2012:
129.1 Ratify (Slovakia, Slovenia, Spain, Hungary), or consider ratifying (Costa Rica) the Rome Statute of the International Criminal Court including its Agreement on Privileges and Immunities (Slovakia), and fully align its national legislation with all obligations under the Rome Statute (Slovenia, Latvia, Hungary) including incorporating the Rome Statute definition of crimes and
** Conclusions and recommendations have not been edited.
16 GE.12-14978
general principles, as well as adopting provisions enabling cooperation with the Court (Latvia); 129.2 Ratify the 1961 Convention on the Reduction of Statelessness (Slovakia); 129.3 Sign and ratify the Optional Protocol to CRC on a communications procedure (Slovenia) or consider an early ratification of the third Optional Protocol to CRC on a communications procedure (Slovakia); 129.4 Ratify OP-CAT (Slovenia, Sweden); 129.5 Ratify CED (Uruguay, Chile, France); 129.6 Complete the accession (Iraq), evaluate the possibility of ratifying (Argentina) the International Convention on the protection of all persons from enforced disappearances (Spain); 129.7 Recognize at the moment of ratification the CED’s competence to receive and review communications from individuals, who allege that they are victims of violations in conformity with article 31 of the CED (Uruguay); 129.8 Ratify the ILO Conventions 169 and 189 (Iraq) as well as the ILO Convention on decent work for domestic workers (Burkina Faso); 129.9 Ratify the international human rights instruments to which it is not yet party, especially those relating to migrant workers and members of their family (Burkina Faso); 129.10 Consider taking measures to implement CRPD, including harmonizing domestic legislation with the Convention and promoting public policies to guarantee that persons with disabilities enjoy all their rights on equal conditions (Costa Rica); 129.11 Implement the recommendations made by the Special Rapporteur on freedom of opinion and expression following his 2011 visit (France); 128.12 Review its legislation and practices to guarantee the free exercise of the right to freedom of assembly and freedom of expression, with any limitations other than those under international law (Mexico), review all laws that are restricting freedom of expression and the press (The Netherlands); 129.13 Further strengthen laws and policies to protect the freedom of religion and belief, as well as the freedom of expression, association and assembly (Namibia); 129.14 Lift restrictions on the right to freedom of assembly, in line with the ICCPR (Norway); 129.15 Lift restrictions on the right to freedom of assembly and freedom of information that are contrary to the ICCPR (France); 129.16 Promote, protect and respect the right to freedom of expression, assembly and association in compliance with country’s international human rights obligations (Slovakia); 129.17 Lift de jure and de facto the state of emergency in the Algiers Wilaya and fully guarantee the enjoyment of the right to freedom of expression and assembly for all citizens (Belgium); 129.18 Following the lifting of the State of Emergency in February 2011, promptly take measures to bring all other legislation and decrees in conformity
GE.12-14978 17
with its international obligations aimed at fully ensuring freedom of expression, including on the internet, and freedom of peaceful assembly and of association (Canada); 129.19 Replace the Law 12-06 of 12 January 2012 by a law on association that will be more in conformity with international standards on this issue (Belgium); 129.20 Continue to take measures for the holding of public meetings and assemblies in keeping with the newly adopted laws of the country (Russian Federation); 129.21 Release all persons who are detained solely for having exercised their freedom of expression and to revoke all legal provisions penalizing the right of freedom of expression (Switzerland); 129.22 Prior to the next elections in 2014, review legislation in the areas of freedom of expression, association, assembly and religion to ensure full compatibility with Algeria’s international obligations (United Kingdom); 129.23 Remove impermissible barriers to free assembly and expression, including those prohibiting demonstrations in Algiers (United States),take further measures to guarantee the right to freedom of expression, the right of peaceful assembly, and the right to freedom of association (Australia); 129.24 Reinforce its legal measures on strengthening political parties and electoral system (Iran (Islamic Republic of)); 129.25 Repeal all legislative measures criminalising the exercise of the right of freedom of religion (Switzerland); 129.26 Develop a comprehensive Women Rights Plan, aimed at eliminating discriminatory practices, as is reflected in CEDAW’s report of February 2012 (Spain), examine systematically its laws with the aim of putting them in conformity with CEDAW (Switzerland) and continue to promote initiatives to empower women of the country at an economic, political and social level, doubling efforts to eliminate discriminatory practices which still affect them, as reflected in CEDAW’s report of February this year (Chile); 129.27 Continue addressing the special needs of women in their strategy for the promotion and protection of human rights of its people (Uganda); 129.28 Continue efforts in order to increase participation of women in political, public and professional spheres (Greece) and enhance its efforts to strengthen women’s leadership and participation in politics and public service (Indonesia); 129.29 Continue its national policy to promote equal opportunities and treatment of women in respect of employment (Côte d’Ivoire); 129.30 Review and eliminate laws that discriminate against women, especially in issues of inheritance, and bring in line with international standards (Mexico); 129.31 Repeal laws that discriminate against women in order to strengthen gender equality (Namibia); 129.32 Uphold women’s rights so that women can fully participate in the social, cultural, economic and political spheres of their society (Namibia);
18 GE.12-14978
129.33 Continue to adopt legislation and strengthen policies to promote the protection of, and respect for the rights of women and their role in society and in the development process, and review related legislation in order to ensure that there is no deterioration in the legal status of women (Egypt); 129.34 Continue efforts aiming at empowering women in the society (Turkey); 129.35 Continue its efforts to promote and protect the rights of women (Pakistan); 129.36 Continue to promote women’s rights as well as their participation in the society and decision making process (Palestine); 129.37 Continue to strengthen (Republic of Moldova) and promote gender equality and to safeguard the rights of women (Singapore); 129.38 Introduce efficient legislative and policy measures that would promote gender equality and eliminate gender-based discrimination, including conducting appropriate awareness-raising campaigns to combat traditional negative stereotypes and attitudes on the role of women in society, with particular focus on rural areas (Slovakia), repeal all discriminatory provisions in national law based on gender (The Netherlands); 129.39 Intensify its efforts in promoting equal opportunity and treatment for women in other aspects, such as employment, education and family life, as well as to adopt necessary legislation to prohibit and criminalize all forms of violence against women and domestic violence (Thailand); 129.40 Continue to strengthen its consistent efforts to combat violence against women (Lebanon) and its efforts support to women victims of domestic violence and to bring offenders to justice (Brazil); 129.41 Consider the adoption of new legislation on violence against women, suggested also by CEDAW (Italy) covering inter alia domestic violence and sexual crimes against women (Uganda); 129.42 Conduct an awareness-raising campaign to ban violence against women (Jordan); 129.43 Criminalise domestic and marital violence (Togo); 129.44 Produce the necessary funding in order to concretizing the strategy with the aim of eliminating violence against women and to criminalize such offence (Sweden) and continue the national strategy that was set up by the government of Algeria to combat violence against women by setting up adequate legislative and judicial guarantees (United Arab Emirates); 129.45 Take robust measures to ensure incidents of violence against women are prosecuted and that protection for victims from retaliation is assured (United States of America); 129.46 Pursue efforts to fight violence against women (Bahrain); 129.47 Further strengthen law enforcement and judicial system in the effort to address impunity and prevent the incidence of violence as well as sexual abuse of women and girls (Malaysia); 129.48 Continue their endeavours and engagement with all stakeholders for an effective implementation of the programs for the promotion and protection
GE.12-14978 19
of the rights of women and children (Indonesia) and continue its legal actions on their protection (Iran (Islamic Republic of)); 129.49 Continue efforts to promote and protect the rights of women and children (Kuwait); 129.50 Take into account its international human rights commitments when conducting the process of institutional and national policies reforms started in 2011 (Nicaragua); 129.51 Advance the reform and the transformation process in accordance with the aspirations of the fraternal Algerian people (Turkey); 129.52 Further the on-going reform process in order to consolidate democracy and rule of law (Pakistan); 129.53 Allocate more resources to support the on-going reform process aimed at consolidating democracy and the rule of law (Malaysia);continue to consolidate the process (Oman), to further strengthen the country’s democratization and the Rule of Law, with special focus on human rights (Spain); 129.54 Strengthen the existing mechanisms for combating corruption (Turkey); 129.55 Promote the measures and reforms to consolidate the rule of law and national human rights protection mechanisms (Viet Nam); 129.56 Intensify efforts aimed at realizing further progress in the process of strengthening economic, social and cultural rights, and in particular the rights of children and persons with disabilities (Egypt); 129.57 Consolidate economic, social and cultural rights (Palestine) and pursue its efforts in this area, particularly in the area of the right to education (Republic of Moldova); 129.58 Address the geographic inequalities in access to education and school enrolment rates by creating new institutions and expanding the school transport system (Iraq); 129.59 Continue social and economic reforms aimed at the creation of new jobs (Russian Federation); 129.60 Carry on its efforts on education and training for the population (Iran (Islamic Republic of)); 129.61 Develop the industrial and social infrastructure (Russian Federation); 129.62 Continue the development programmes and programmes to fight poverty by correcting the urban/rural gaps (Senegal); 129.63 Continue to work towards achieving gender equality and the attainment of the MDGs for all Algerians, especially for the rural poor (South Africa) continue these efforts (Democratic People’s Republic of Korea 1) to improve the quality of living of its people (Singapore); 129.64 Continue to consolidate its legislative reform as well as programmes aimed at improving the basic standard of living of its people (Zimbabwe) and promote social security and labour policy (Iran (Islamic Republic of));
20 GE.12-14978
129.65 Continue efforts to consolidate and deepen the judicial reform process so as to improve the quality of the civil service and facilitate access to justice (Angola); 129.66 Take the appropriate measures to give response to the concerns raised by the civil society (Timor-Leste) to develop a social environment conducive to the empowerment of civil society, in particular, by opening up new channels aimed at reflecting the expectations of young people when it comes to structures and socioeconomic processes (Turkey); 129.67 Encourage efforts undertaken by the Government to increase the involvement of the Civil Society in the public sphere (Djibouti); 129.68 Modify its new law on associations, by lifting the limits on their establishment, their functioning and their financing, so as to bring this law in conformity with its obligations and in order to ensure that civil society can function freely (Canada); 129.69 Implement legal measures to limit the government’s ability to deny an organization’s license for political, religious, or arbitrary reasons and to not unnecessarily restrict the ability of Algerian NGOs to receive funding from foreign partners (United States of America); 129.70 Enhance access to primary health care and education for people in the South, with an aim to achieve universal access for all (Thailand) and continue to work on providing health and education services for remote areas (Oman); 129.71 Continue with its project on providing health services (Palestine) and improve the health services (Russian Federation); 129.72 Take additional positive measures to ensure that all citizens can enjoy basic health care, and provide the public medical institutions with sufficient medicines and medical equipment (Egypt), continue to consolidate its successful health policy, which responds to the health needs of its people (Venezuela (Bolivarian Republic of)) to implement measures that will allow to respond to health needs and guarantee universal access to these services (Cuba); 129.73 Continue to promote its excellent education policy in order to eradicate school drop-out during mandatory basic education (Venezuela (Bolivarian Republic of)); 129.74 Strengthen its efforts to reduce the high school drop-out rates of girls at intermediate and secondary school levels (Côte d’Ivoire) and reinforce girls’ education, notably in the rural areas (Togo); 129.75 Continue its efforts to provide appropriate education opportunities to persons with disabilities (Ecuador) taking into account the specific needs of persons with disabilities, either in education or on health (Saudi Arabia); 129.76 Continue its efforts aimed at improving access to health services and education (Bangladesh); 129.77 Continue its efforts to bridge the gaps in the field of health and education in remote areas (Qatar); 129.78 Continue with its education policy to ensure that children, and particularly girls, get a quality education that promotes equality and non- discrimination (Ecuador);
GE.12-14978 21
129.79 Continue the necessary efforts in order to strengthen the right to education, and include within the education process a culture of human rights (Saudi Arabia) step up efforts to strengthen public education, awareness and capacity building programme and skill training particularly aimed at increasing awareness on human rights in the country (Malaysia); 129.80 Step up efforts to provide greater access to education and health (Senegal); 129.81 Promote and support programs for the youth (Djibouti),keep on its effort on health services policy and promoting the employment of youth (Iran (Islamic Republic of));develop training programmes for the youth so as to improve their access to the labour market (Sudan) step up its efforts in the field of vocational training for them as a way to lower the unemployment rate and to promote comprehensive economic and social development (China) create jobs in order to reduce unemployment amongst them (Sudan) and provide more resources for strategies and programs aimed at fighting against unemployment, especially among young people and to reduce disparities between regions and social groups, especially regarding access to education and health care (Viet Nam); 129.82 Overcome its delay in the submission of its reports to the Treaty Bodies (Chad); 129.83 Systematically review the family Code in order to amend and repeal all gender-based discriminatory provisions (Germany); 129.84 Undertake legislative reforms, and review especially of the 1984 Family Code, to withdraw/to allow it to withdraw all its reservations to the CEDAW (Norway, Slovenia) and fully implement CEDAW by lifting its reservations (France); 129.85 Withdraw its reservation to Article 2 of CEDAW and accede to the Optional Protocol to CEDAW (Australia); 129.86 Consider (Slovenia, Latvia) issuing a standing invitation to Special Procedures mandate holders (Uruguay, Hungary); 129.87 Respond favourably to UN Special Rapporteurs’ outstanding visit requests and facilitate them when necessary (United Kingdom of Great Britain and Northern Ireland); 129.88 Elaborate a timeframe for visits by the UN Special Procedures who have requested to visit Algeria, and extend invitations accordingly (Norway); 129.89 Continue cooperation with the Special Procedures of the Council on the basis of its national priorities (Belarus); 129.90 Take all necessary measures to abolish the death penalty and ratify, the Second Optional Protocol to the ICCPR (Norway) consider ratifying it aiming to abolish the death penalty (Belgium); 129.91 Commute all the death sentences to prison sentences and ratify the second Protocol to the ICCPR in view of the definitive abolition of death penalty (France); 129.92 Take all necessary measures to abrogate in its legislation the provisions allowing the application of death penalty (Switzerland), study the possibility to repeal death penalty (Argentina) and abolish it as a punishment under criminal law (Hungary);
22 GE.12-14978
129.93 Adopt measures to combat impunity in cases of enforced disappearances during the internal conflict which took place between 1992 and 1998 (Spain); 129.94 Redouble its efforts to shed light on the cases of enforced disappearances that have remained unresolved (France) investigate the enforced disappearances cases that have not yet been clarified, in order to ensure the enjoyment of the right to truth and justice for the relatives of disappeared persons (Argentina); 129.95 Respond positively to the visit request by the WGED and invite the Special rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence (France); 129.96 Intensify efforts to promote and protect the rights of the child (Bahrain); 129.97 Improve the procedures for the protection against child abuse (Qatar); 129.98 Pursue its efforts to fight against violence against children (Republic of Moldova) and further combat violence against children in the school environment (Togo); 129.99 Continue efforts aimed at the protection of children from violence (Jordan); 129.100 Prohibit specifically and by law all corporal punishment of children at home, care institutions, penitentiary centres and any other settings, in conformity with article 19 of CRC (Uruguay), take all necessary steps to prohibit corporal punishment in all settings and align its national legislation with the provisions of the CRC (Hungary); 129.101 Pay particular attention to protect childhood, as established in the strategic framework 2008–2015, through intensifying actions to enact a Children Protection Code (Chile) and fully implement the National Action Plan for Children 2008–2015 entitled “Algeria worthy of children” (Democratic People’s Republic of Korea); 129.102 Ensure that all cases of trafficking and sexual exploitation of children are investigated (Slovenia); 129.103 Step up efforts to fight trafficking of persons and in this regard consider the possibility of developing a comprehensive national strategy for the fight against trafficking in persons (Belarus) strengthen its efforts in combating it and consider the provision of shelters for such victims (India); 129.104 Extend an invitation to the Special Rapporteur on Torture (Sweden); 129.105 Establish a monitoring mechanism against torture and all other forms of ill-treatment and to allow the conduction of periodic visits in all places of detention (Germany); 129.106 Pursue to further its politics regarding human rights education and training for law enforcement officials in the field of combating torture and ill- treatment (Greece); 129.107 Eliminate legislation criminalizing sexual relations between persons of the same sex, as well as discriminatory legislation on the ground of sexual orientation (Spain) and guarantee the right to the protection of privacy to all
GE.12-14978 23
persons and take measures to ensure equality and non-discrimination on all grounds, including sexual orientation, in conformity with articles 17 (1) and 26 of the ICCPR, by revising article 338 of its Penal Code, which criminalizes sexual acts between consenting adults of the same sex (Canada); 129.108 Guarantee the effective and independent functioning of autonomous trade unions from the public sector, based on the right of all persons to establish trade unions and the right of trade unions to establish federations and national confederations (Uruguay); 129.109 Continue to build new social housing in order to improve the housing of its population (Djibouti); 129.110 Continue to support the Saharawi people so that they can exercise their right to self-determination (Namibia); 129.111 Continue contributing to the Office of High Commissioner for Human Rights (Bangladesh); 129.112 Accept the visit request made by the Special Rapporteur on the promotion and protection of human rights while countering terrorism (Mexico).
130. All conclusions and/or recommendations contained in the present report reflect the position of the submitting State(s) and/or the State under review. They should not be construed as endorsed by the Working Group as a whole.
24 GE.12-14978
Annex
[English/French only]
Composition of the delegation
The delegation of Algeria was headed by S.E.M Mourad Medelci and composed of the following members:
• S.E.M Mourad Medelci, Ministre des Affaires étrangères, Chef de délégation
• S.E.M Boudjemâa Delmi, Ambassadeur, Représentant permanent, Mission permanente d’Algérie à Genève
• S.E.M Mohamed Kamel Rezzag Bara, Conseiller de S.E.M le Président de la République
• S.E.M Mohamed El Amine Bencherif, Directeur général par intérim des Affaires politiques et de sécurité internationale
• M. Aïssa Halimi, Chef de Cabinet, Ministère de la Santé, de la Population et de la Réforme hospitalière
• M. Boualem Chebihi, Ministres Conseiller, Représentant permanent adjoint, Mission permanente d’Algérie à Genève
• M. Ahmed Hamed Abdelwahab, Chargé d’Etudes et de Synthèses au Ministère de la Justice
• M. Abdelaziz Lahlou, Directeur des programmes de développement solidaire, de l’insertion et de l’aide sociale, Ministère de la solidarité Nationale et de la Famille
• M. Saïd Chabani, Chargé d’Etudes et de Synthèses, Ministère de la Communication
• Mme Faïza Melhani, Chargée d’Etudes et de Synthèses, Ministère de la Défense nationale
• Mme Tassadit Saheb, Chargée d’études et de Synthèses, Ministère de l’éducation nationale
• M. Amar Rezki, Directeur des Etudes juridiques et de la Coopération, Ministère des Affaires Religieuses et des Wakfs
• Mme Ouahida Bouraghda, Chargée d’Etudes et de Synthèses, Ministère délégué, chargé de la Famille et de la condition féminine
• M. Larbi Moulay Chaalal, Chargé d’Etudes et de synthèses, Ministère de la Jeunesse et des sports
• M. Rabah Riah, Chargé d’Etudes et de synthèses, Commandement de la Gendarmerie nationale
• Mme Saida Kies, Inspectrice centrale, Ministère du travail, de l’Emploi et de Sécurité sociale
• M. Ahmed Saadi, Sous-Directeur des droits de l’homme et des Affaires humanitaires, Ministère des Affaires étrangères
• M. Salah-Eddine Toudert, Commissaire principal de Police à la Direction générale de la Sûreté nationale
GE.12-14978 25
• M. Abdellah Zitouni, Administrateur, Ministère de l’intérieur et des Collectivités locales
• M. Mahfoud Smati, membre du Haut Conseil Islamique
• Mme Messaouda Chader, Chargée d’Etudes et de Synthèses, Conseil Economique et Social
• Mme Selma Malika Hendel, Secrétaire des Affaires étrangères, Mission permanente d’Algérie à Genève
• Melle Zahira Abed, Secrétaire des Affaires étrangères, Mission permanente d’Algérie à Genève
• Melle Sim Mellouh, Secrétaire des Affaires étrangères, Mission permanente d’Algérie à Genève
• M. Mohamed Djalal Eddine Benabdoun, Attaché des Affaires étrangères, Mission permanente d’Algérie à Genève
• Melle Selma Mansouri, Chargée du Bureau du Conseil des droits de l’homme, Ministère des Affaires Etrangères