Algerie

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ALGERIAN CONSTITUTION

 

PART ONE:
GENERAL PRINCIPLES GOVERNING ALGERIAN SOCIETY

CHAPTER I: ALGERIA

Article 1- Algeria is a Democratic and Popular Republic. She is one and indivisible.

Art. 2- Islam is the religion of the State.

Art. 3- Arabic is the national and official language.

Art. 4- The capital of the Republic is Algiers.

Art. 5- The national flag, the State seal, and the national anthem are defined by law.


CHAPTER II: THE PEOPLE

Art. 6 - The People are the source of all power.
National sovereignty belongs exclusively to the People.

Art. 7 - The constituent power shall belong to the People.
The People exercise their sovereignty through institutions they establish.
The People exercise it by means of referendum and through their elected representatives.
The President of the Republic may resort directly to the expression of the People's will.

Art. 8 - The People shall erect institutions having as objectives:
- the safeguard and consolidation of national independence;
- the safeguard and consolidation of national identity and unity;
- the protection of fundamental liberties of the citizen and the social and cultural progress of the Nation;
- the suppression of the exploitation of man by man;
- the protection of the national economy from any form of embezzlement or misappropriation, illegitimate monopolizing, or seizure.

Art. 9 - The institutions are not permitted:
- feudal, regionalistic, and nepotistic practices;
- the establishment of exploitative relationships and bonds of dependency;
- practices that are contrary to Islamic moral standards and to the values of the November Revolution.

Art. 10 - The People shall freely choose their representatives.
The representation of the People has no limits except those defined by the Constitution and electoral law.


CHAPTER III: THE STATE

Art. 11 - The State shall derive its legitimacy and the purpose of its existence from the will of the People.

Its motto shall be: "by the People and for the People."

It shall be exclusively for the service of the People.

Art. 12 - The sovereignty of the State shall be exercised on its land space, its air space, and its waters.

The State shall also exercise its sovereign right, established by international law, over each of its various zones of maritime space.

Art. 13 - Under no circumstances should it abandon or alienate a part of the national territory.

Art. 14 - The State shall be based on the principles of democratic organization and social justice.

The elected Assembly shall be the framework by which the people's will is expressed and control of the public authorities is exercised.

Art. 15 - The territorial collectivities of the State shall be the district and the wilaya (province).
The "Commune" is the basic group.

Art. 16 - The elected assembly shall represent the basis of decentralization and a place for the participation of citizens in the management of public affairs.

Art. 17 - Public property shall belong to the national collectivity.
It shall include the underground, the mines and quarries, the natural resources of energy, the mineral, natural, and living resources in the various national maritime areas, waters, and forests.
It shall also include rail, maritime, and air transport, mail and telecommunications, as well as other properties defined by law.

Art. 18 - National properties shall be defined by law.
They shall include public and private properties of the State, the wilaya, and the district.
The management of national properties shall be executed in conformity with the law.

Art. 19 - The organization of external trade shall be the domain of the State alone.
The law shall define the exercise and control of external trade.

Art. 20 - Expropriation can be carried out only within the framework of the law.
It gives the right to a preliminary, just, and fair compensation.

Art. 21 - The functions of the State institutions should be neither a source of wealth nor a means of service for private interests.

Art. 22 - The abuse of power shall be suppressed by law.

Art. 23 - The Administration's impartiality shall be guaranteed by law.

Art. 24 - The State shall be responsible for the security of persons and properties. It shall ensure the protection of every citizen abroad.

Art. 25 - The strengthening and development of the potential of the Nation's defense shall be organized around the National Popular Army.
The permanent task of the National Popular Army shall be to safeguard the national independence and the defense of national sovereignty.
It shall be charged with ensuring the defense of the unity and territorial integrity of the country, as well as the protection of its land and air space, and the various zones of its maritime domain.

Art. 26 - Algeria shall not resort to war in order to undermine the legitimate sovereignty and the freedom of other people.
She shall make every effort to settle international disputes through peaceful means.

Art. 27 - Algeria shall stand in solidarity with all people fighting for political and economic liberation, for the right of self-determination, and against any racial discrimination.

Art. 28 - Algeria shall work for the reinforcement of international cooperation and for the development of amicable relations among States, based on equality, mutual interest, and non-interference in internal affairs. She shall endorse the principles and objectives of the United Nations Charter.


CHAPTER IV: RIGHTS AND LIBERTIES

Art. 29 - Citizens shall be equal before the law, without any discrimination due to birth, race, sex, opinion, or any other personal or social condition or circumstance.

Art. 30 - Algerian nationality shall be defined by law.
Conditions for acquiring, keeping, losing or forfeiting the Algerian nationality shall be defined by law.

Art. 31 - The aim of the institutions shall be to ensure equality of rights and duties for all citizens (male and female) by removing the obstacles which hinder the progress of human beings and impede the effective participation of all in the political, economic, social, and cultural life.

Art. 32 - Fundamental liberties and human and citizen rights and liberties shall be guaranteed.
They shall constitute the common patrimony of all Algerians (male and female), whose duty it is to transmit it from generation to generation in order to preserve it in its integrity and inviolability.

Art. 33 - The defense of individual or associative fundamental human rights and individual and collective liberties shall be guaranteed.

Art. 34 - The State shall guarantee the inviolability of the human being.
Any form of physical or moral violence or breach of dignity shall be forbidden.

Art. 35 - Infringements committed against rights and libel ties and violations of physical or moral integrity of a human being shall be repressed by the law.

Art. 36 - Freedom of creed and opinion is inviolable.

Art. 37 - Freedom of trade and industry shall be guaranteed; it shall be carried out within the framework of the law.

Art. 38 - Freedom of intellectual, artistic and scientific innovation shall be guaranteed to the citizen.

Copyrights shall be protected by law.

The seizure of any publication, recording or any other means of communication, shall only be done in pursuance of a warrant.

Art. 39 - The private life and the honor of the citizen are inviolable and shall be protected by the law.

The secrecy of private correspondence and communication, in any form, shall be guaranteed.

Art. 40 - The State shall guarantee home inviolability.

No thorough search shall be allowed unless in pursuance of the law and in compliance with the latter.

The thorough search shall only be in pursuance of a search warrant emanating from a competent judicial authority.

Art. 41- Freedom of expression, association and meetings shall be guaranteed to the citizen.

Art. 42 - The right to create political parties shall be recognized and guaranteed.

However, this right cannot be used to violate fundamental liberties, fundamental values and components of the national identity, the national unity, the security and the integrity of the national territory, the independence of the country, and the People's sovereignty, as well as the democratic and Republican nature of the State.

In respect to the provisions of the present Constitution, the political parties shall not be founded on religious, linguistic, racial, gendered, corporatist, or regional basis.

Political parties shall not resort to partisan propaganda on the elements mentioned in the previous paragraph.

Any obedience, in any form, of the political parties to foreign interests or parties is forbidden.

No political party shall resort to any form of any nature of violence or constraint.

Other obligations and duties shall be prescribed by law.

Art. 43 - The right to create associations shall be guaranteed.

The State shall encourage the development of associative movement.

The law shall define the conditions and clauses of the creation of associations.

Art. 44 - Any citizen enjoying his civil and political rights shall have the right to choose freely his place of dwelling and to move in the national territory.

The right of entry and exit from the national territory shall be guaranteed.

Art. 45 - Any person shall be presumed not guilty until his culpability is established by regular jurisdiction with all the guarantees required by the law.

Art. 46 - None shall be guilty unless it is in accordance with a promulgated law prior to the incriminated action.

Art. 47 - None shall be pursued, arrested or detained unless within the cases defined by the law and in accordance with the forms prescribed.

Art. 48 - In the field of penal investigation, custody shall be under judiciary control and shall not exceed forty eight (48) hours.

The person held in custody shall have the right to be immediately in contact with his family.

The extension of the period of custody shall occur, exceptionally, only within the conditions established by the law.

At the expiration of the period of custody, it shall be compulsory to proceed to a medical examination of the person detained if this latter asks for it, and in any case, this person shall be informed of this right.

Art. 49 - Miscarriage of justice shall lead to compensation by the State.

The law shall determine the conditions and modes of compensation.

Art. 50 - Any citizen fulfilling the legal conditions can elect and be elected.

Art. 51 - Equal access to functions and positions in the State shall be guaranteed to all citizens without any other conditions except those defined by the law.

Art. 52 - Private property is guaranteed.

The right to inherit shall be guaranteed.

The waqf properties and the foundations are recognized; their intended purpose shall be protected by the law.

Art. 53 - The right to education is guaranteed. Education shall be free within the conditions defined by the law.

Fundamental education is compulsory.

The State shall organize the educational system.

The State shall ensure equal access to education and professional training.

Art. 54 - All citizens shall have the right to health protection.

The State shall ensure the prevention and fight against endemics and epidemics.

Art. 55 - All citizens shall have the right to work.

The right to protection, security, and hygiene at work shall be guaranteed by law.

The right to rest shall be guaranteed; the law shall define the relevant clauses.

Art. 56 - Trade union rights shall be recognized for all citizens.

Art. 57 - The right to strike is recognized; it shall be executed within the framework of the law.

The law may forbid or limit the strike in the field of national defense and security or in any public service or activity of vital interest for the community.

Art. 58 - The family shall gain protection from the State and society.

Art. 59 - Living conditions shall be guaranteed for citizens under workage or those unable or permanantly incapacitated for work.

Art. 60 - Ignorance of the law is no excuse.

Every person shall abide by the Constitution and comply with the laws of the Republic.

Art. 61 - The duty of every citizen is to protect and safeguard the independence of the country and the integrity of its national territory as well as all the symbols of the State.

Treason, spying, obedience to the enemy as well as all the infringements committed against State security shall be severely repressed by the law.

Art. 62 - Every citizen should fulfill his obligations loyally towards the national community.

The commitment of every citizen towards the Mother Country and the obligation to contribute to its defense are sacred and permanent duties.

The State shall guarantee respect of the symbols of the Revolution, the memory of the martyrs and their rightful dignity, and that of the moudjahidine (fighters, veterans).

Art. 63 - All individual liberties shall be carried out within the respect of the rights of others recognized by the Constitution, in particular, respect of the right of honor, intimacy and protection of the family, youth and children.

Art. 64 - Citizens are equal before taxes.
Everyone should participate in financing public expenses, in accordance with his contributory capacity,
No taxes shall be imposed unless in accordance with the law.
No tax, contribution, or duty of any nature shall be imposed with retrospective effect.

Art. 65 - The law shall sanction the duty of parents in education and protection of their children, as well as the duty of the children in helping and assisting their parents.

Art. 66 - The duty of every citizen is to protect public property and the interests of the national community and to respect the property of others.

Art. 67 - Any foreigner being legally on the national territory shall enjoy the protection of his person and his properties by law.

Art. 68 - None shall be extradited unless in accordance and in implementation of the extradition law.

Art. 69 - In no case shall a political refugee, having legal right of asylum, be delivered or extradited.

 Constitution's Table of Contents

 Part II

 

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