Algeria

Summary of Domestic Prohibition

Slavery and slave trade

There appears to be no legislation in place in Algeria which prohibits slavery although Article 8 of the 1996 Constitution states that institutions have the objective of “the suppression of exploitation of man by man”. The 2009 Criminal Code also criminalises slavery when committed as a part of human trafficking under Section 5, Article 303(4).

Practices similar to slavery

There appears to be no legislation in place in Algeria which prohibits institutions and practices similar to slavery.

Servitude

There appears to be no legislation in place in Algeria which prohibits servitude, although the 2009 Criminal Code criminalises servitude when committed as a part of human trafficking under Section 5, Article 303 (4).

Forced or compulsory labour

There appears to be no legislation in place in Algeria which prohibits forced labour although the 1996 Constitution establishes the “suppression of the exploitation of man by man” as one of its objectives in article 8 and prohibits institutions from establishing “relations of exploitation and bonds of dependency” in article 9. The Algerian Labor Law provides protection for workers, but does not specifically prohibit forced labour.

Human trafficking

Provisions related to trafficking in persons are found in the 2009 Criminal Code which criminalises trafficking in persons under section 5, articles 303 bis (4) and 303 bis (17).

Forced marriage

Provisions related to forced marriage in Algeria are found in the 2005 Family Code, which prohibits the wali from compelling a minor under his guardianship into marriage at Article 13.

Consent to marriage

Provisions requiring consent to marriage in Algeria are found in the Family code 2005, article 9 of which states that the marriage contract is concluded by the exchange of the consent of the parties. Article 10 states that consent results from the request of one of the two parties and from the acceptance of the other expressed in any term meaning legal marriage. The request and the consent of the disabled person expressed in any written form or gestures signifying marriage in language or usage. Article 33 states that the marriage is declared null, if the consent is vitiated. Contracted without the presence of two witnesses or dowry, or the wali when this is mandatory, the marriage is terminated before consumption and does not give rise to the right to the dowry. After consumption, it is confirmed by means of the dowry of parity “”sadaq el mithl””.”Article 13 states that it is forbidden for the wali, whether he is the father or otherwise, to compel the marriage a minor placed under his guardianship, just as he cannot marry her without his consent. Article 4 of the Family Code also recognizes that marriage is founded / based on consent.

Servile marriage

There appears to be no legislation in Algeria that prohibits servile matrimonial transactions.

Marriage trafficking

Provisions related to marriage traffickingin Algeria are found in the 2012 Criminal Code, which prohibits practices similar to slavery at Article 303 bis, with a potential penalty of imprisonment of three to ten years and a fine of 300,000 DA 1,000,000.

Minimum age for marriage

The minimum age for marriage in Algeria is 19, without differentiation by gender, as set out on Article 7 of the 2005 Family Code. However, marriages below this age are permitted for reasons of interest or in the event of necessity, when the marriage suitability of both parties is established. These exceptions are not differentiated by gender.

Region

Africa

Regional Court

African Court on Human and Peoples’ Rights

Legal System

Mixed

International Instruments

1926 Slavery Convention
Not Party
1953 Protocol to the Slavery Convention
Not Party
1956 Supplementary Slavery Convention
31 October 1963
1966 ICCPR
12 September 1989
1930 Forced Labour Convention
19 October 1962
2014 Protocol to the 1930 Forced Labour Convention
Not Party
1957 Abolition of Forced Labour Convention
12 June 1969
1999 Worst Forms of Child Labour Convention
09 February 2001
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
09 March 2004
1998 Rome Statute of the ICC
Not Party
1956 Supplementary Slavery Convention
31 October 1963
1966 ICCPR
12 September 1989
1966 Optional Protocol to the ICCPR
12 September 1989
1966 ICESCR
12 September 1989
2008 Optional Protocol to the ICESCR
Not Party
1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
Not Party
1957 Convention on the Nationality of Married Women
Not Party
1989 Convention on the Rights of the Child
16 April 1993
2000 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
27 December 2006
2011 Optional Protocol to the CRC on a communications procedure
Not Party
1979 Convention on the Elimination of All Forms of Discrimination against Women
22 May 1996
1999 Optional Protocol to CEDAW
Not Party
1978 Convention on the Celebration and Recognition of the Validity of Marriages
Not Party
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
09 March 2004
1998 Rome Statute of the ICC
Not Party
1999 Worst Forms of Child Labour Convention
09 February 2001

International Obligations

  • Slavery
  • Servitude
  • Institutions and Practices Similar to Slavery
  • Forced Labour
  • Human Trafficking
  • Marriage Trafficking

Regional Organisations

  • African Court on Human and Peoples’ Rights
  • African Union
  • Organisation of Islamic Cooperation
  • Arab League

Legislative Provisions

THE CONSTITUTION OF THE PEOPLE’S DEMOCRATIC REPUBLIC OF ALGERIA 1989 (AMENDED BY THE CONSTITUTIONAL REVISION OF 1996, REVISED 2008)

Article 8

The people shall establish institutions which have as their objective:

  • the safeguarding and the consolidation of national independence;
  • the safeguarding and consolidation of national identity and national unity;
  • the protection of fundamental rights and the social and cultural development of the Nation;
  • the suppression of the exploitation of man by man;
  • the protection of the national economy against all forms of embezzlement or misappropriation, hoarding or illegal confiscation.

Article 9

The institutions shall not indulge in:

  • feudal, regionalist and nepotist practices;
  • the establishments of relations of exploitation and bonds of dependency;
  • practices contrary to Islamic morals and the values of the November Revolution.

Article 32

The fundamental liberties and the rights of man and of the citizen shall be guaranteed. They shall constitute the common heritage of all Algerians, who have the task of transmitting it from generation to generation in its integrity and inviolability.

Article 33

The individual and collective defense of the fundamental Rights of Man and of individual and collective liberties shall be guaranteed.

Article 34

The State shall guarantee the inviolability of the human person. Any form of physical or moral violence or infringement of dignity shall be prohibited.

Article 35

The infringements of rights and liberties as well as any physical or moral attacks on the integrity of the human person shall be punished by statute.

Article 55

All citizens shall have the right to work.

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

The right to rest shall be guaranteed. Statute shall determine the modalities of its exercise.

The Constitution of the People’s Democratic Republic of Algeria 1989 (PDF)

CRIMINAL CODE 2009

Article 303 bis 4. Trafficking in Persons

(4)Is considered trafficking, the recruitment, transportation, transfer, accommodation or receipt of one or more persons, by the threat or use of force or other forms of coercion, kidnapping, fraud, deception, abuse of authority or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having authority over another purpose of exploitation. Exploitation includes the exploitation of the prostitution of others or other forms of sexual exploitation, exploitation of others into begging, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs.

Human trafficking is punishable by imprisonment of three (3) years to ten (10) and a fine of 300,000 DA 1,000,000.

When law is applied to a person whose situation of vulnerability is due to his age, illness or physical or mental disability, perceived or known to the perpetrator, the penalty is imprisonment of five (5) years fifteen (15) years and a fine of 500,000 DA DA 1,500,000

Article 303 bis 5 Aggravating circumstances

Trafficking in persons is punishable by imprisonment for a term of ten (10) to twenty (20) years and a fine of DA 1,000,000 to DA 2,000,000 if the offence is committed under at least one of the following circumstances:
– When the perpetrator is the spouse of the victim or his or her ascendant or descendant or his or her guardian or if he or she has authority over the victim or if he or she is an official whose function facilitated the commission of the offence,
– where the offence is committed by more than one person,
– when the offence is committed with the carrying of weapons or the threat to use them,
– when the offence is committed by an organised criminal group or when it is transnational in nature.

Article 303 bis 16. Organs trafficking
Anyone who, in return for a financial or any other benefit of any kind whatsoever, obtains from a person one of his organs shall be punished by imprisonment for a term of three (3) to ten (10) years and a fine of DA 300,000 to DA 1,000,000.
Any intermediary who encourages or promotes the procurement of an organ from a person shall be punished by the same penalties.

Article 303 bis 17. Organs removal.
Anyone who removes an organ from a living person without obtaining consent, as provided for by the legislation in force, shall be punished by imprisonment for five to ten years and a fine of DA 500,000 to DA 1,000,000.
The same penalty shall be imposed when, in violation of the provisions of the legislation in force, the removal of the organ is carried out on a deceased person

Article 303 bis 18. Removal of tissues
Anyone who, in exchange for the payment of a sum of money or the offer of any other benefit of any kind, proceeds to the removal of tissues, cells or the collection of products of the human body shall be punished by a term of imprisonment of between one and five years and a fine of between DA 100,000 and DA 500,000.
Any intermediary who encourages or promotes the procurement of tissues, cells or products taken from a person shall be punished by the same penalties.

Article 303 bis 19.
Anyone who takes tissues or cells or collects a product from a living person without that person’s consent, as provided for by the legislation in force, shall be punished by imprisonment for one (1) to five (5) years and a fine of DA 100,000 to DA 500,000.
The same penalty shall be imposed when, in violation of the provisions of the legislation in force, the removal of a tissue or cell or the collection of a product is carried out on a deceased person.

Article 303 bis 20. Aggravating cirsumstances.
The offences provided for in Articles 303 bis 18 and 303 bis 19 shall be punished by imprisonment for five (5) to fifteen (15) years and a fine of between DA 500,000 and DA 1,500,000,
when they are committed under one of the following circumstances:
– when the victim is a minor or a mentally handicapped person,
– where the profession or function of the perpetrator facilitated the commission of the offence,
– where the offence is committed by more than one person,
– when the offence is committed with the carrying of weapons or the threat to use them,
– when the offence is committed by an organised criminal group or when it is transnational in nature.
The offences provided for in Articles 303 bis 16 and 303 bis 17 shall be punishable by imprisonment for ten (10) to twenty (20) years and a fine of DA 1,000,000 to DA 2,000,000 when committed in one of the circumstances provided for in the first paragraph of this article

ORDINANCE NO. 66-156 OF 8 JUNE 1966 ON THE PENAL CODE, P. 530. (JORA NO. 49 OF 11-06-1966)

Article 320

A penalty of two to six months imprisonment and 500 to DA 20,000 fine: 1 Anyone who has, in a spirit of greed, caused the parents or a them to abandon their child or unborn; 2 ° Any person who made purchase, or attempted to subscribe by prospective parents or one of them, an act under which they undertake to abandon the unborn child, who has held such a act in a used or attempted to use it; 3 ° Any person who, in a spirit of lucre, brought or attempted to provide through to raise a child. Crimes and offenses tending to prevent the identification of the child

Article 342

Anyone who excites, encourages or facilitates usually debauchery or corruption of minors twenty-year-year of age or the other sex, or even occasional minor fifteen, is punished imprisonment for a term of two to five years and a fine of 500-25000 DA. Attempted offenses under this section is subject to the pains provided for these offenses.

Article 343

The punishment is imprisonment for six months to three years and a fine of 500 to 20,000 AD, unless the fact constitutes a offense more importantly, who knowingly

1 in any way aids, assists, or protects the prostitution of others or soliciting for prostitution;

2 in any form, sharing the proceeds of prostitution of others or receives money from a person engaged usually at the prostitution or derives from the same resource Prostitution of Others;

3 lives with a person who habitually engages in the prostitution;

4 being normal relations with one or more people prostitutes cannot justify resource corresponding to its lifestyle;

5 procures, entices or keeps, even with consent, Most people even to prostitution, or to book prostitution or debauchery;

6 acts as an intermediary in any capacity between the persons engaged in prostitution or debauchery and individuals exploit or remunerate the prostitution or debauchery of others;

7 by threat, pressure, deception or other means, obstacle action to prevent, control, assistance or re-education undertaken by qualified organizations for persons engaged in prostitution or at risk of prostitution. Attempted offenses under this section is subject to the pains provided for these offenses.

Article 344

The penalties laid down in Article 343 are brought to a imprisonment of two to five years and a fine of 1,000 to 40,000 DA when:

1 The crime was committed against a minor under eighteen years;

2 The offense was accompanied by threats, coercion, violence,

assault, abuse of authority or fraud;

3 The offender was carrying a weapon or apparent hidden;

4 The perpetrator is a husband, father, mother or guardian of victim or belongs to one of the categories enumerated in Article 337

5 The offender is required to participate, through its functions, to against prostitution, protection of health or Youth or to maintain public order;

6 The crime was committed against several persons;

7 Victims of crime have been delivered or incited to engage in the prostitution outside Algerian territory;

8 Victims of crime have been delivered or incited to engage in the prostitution on arrival or within a short period of arrival on the Algerian territory;

9 The crime was committed by several perpetrators or accomplices. Attempted offenses under this section is subject to the pains provided for these offenses.

ALGERIAN LABOUR LAW

Article 6

Within the framework of the working relationship, the workers also have the right: • with an effective occupation; • with the respect of their physical and moral integrity and their dignity; • with a protection against any discrimination to occupy a station other than that founded on their aptitude and their merit; • with the vocational training and promotion in work, • with the regular payment of the remuneration which is due for them; • with social works; • with all advantages rising specifically from the contract of employment.

Article 15

The minimum age required for a recruitment cannot, to in no case, to be lower than sixteen years, except within the framework of apprenticeship contracts drawn up in accordance with the legislation and with the regulation in force. The minor worker can be recruited only on presentation of an authorization established by his legal guardian. The minor worker cannot be employed with work dangerous, unhealthy and vermin with his health or prejudicial with his morality.

Article 80

The other hand of provided work, the worker has right to remuneration with the title of which it perceives wages or an income proportional to the results of work.

Article 81

By wages, for the present law, it is necessary to hear: • the basic wage, such as it results from the professional classification of the organization employer.

Article 85

Remuneration is expressed in exclusively monetary terms and its payment is carried out in exclusively monetary means.

Article 88

The employer is held to pour regularly with each worker and in the long term fallen, the remuneration which is due for him.

LABOUR RELATIONS ACT 1990

Article 8

The People set up institutions having as objectives: – the safeguard and consolidation of the national independence; – the safeguard and consolidation of the 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.

Article 9

The institutions are not allowed :

– feudal, regionalist and nepotic practices;

– setting up exploitation relationships and dependence links; – practices that are contrary to the Islamic ethics and to the values of the November Revolution.

Article 22

Power abuse is repressed by the law.

Article 33

Individual or associative defence of the fundamental human rights and individual and collective liberties is guaranteed.

Article 34

The State guarantees the inviolability of the human entity. Any form of physical or moral violence or breach of dignity is forbidden.

Article 35

Infringements committed against rights and liberties and violations of physical or moral integrity of a human being are repressed by the law.

Article 55

All citizens have right for work. The right for protection, security and hygiene at work is guaranteed by the law. The right to rest is guaranteed; the law defines the relevant clauses.

FAMILY CODE

Article 9

Marriage is contracted by consent of the future partners, in the presence of the legal guardian and two witnesses for purposes of authorizing marriage, and by payment of dowry.

Article 10

Consent flows from the request of one of the two parties and the acceptance of the other party.

Article 38

The wife has the right to full freedom in the disposition of her property

FAMILY CODE 1985 (AMENDED 2005)

Art. 4. (Modified) – Marriage is a consensual contract between a man and a woman in legal forms. He has, among other goals, to found a family based on affection, leniency and mutual aid, to morally protect both spouses and to preserve family ties.

 

Art. 7. (Modified) – The capacity to marry is deemed to be valid at the age of 19 for the man and the women. However, the judge may grant an exemption from age for reasons of interest or in the event of necessity, when the marriage suitability of both parties is established.

The minor spouse acquires the capacity to sue for the rights and obligations resulting from the marriage contract.

 

Art. 9. (Modified) – The marriage contract is concluded by the exchange of the consent of the two husband.

 

Art. 9a. (New) -The marriage contract must meet the following conditions:

– the capacity to marry,

– dowry,

– El wali,

– two witnesses,

– exemption from legal impediments to marriage.

 

Art. 10. – Consent results from the request of one of the two parties and from the acceptance of the other expressed in any term meaning legal marriage.

The request and the consent of the disabled person expressed in any written form or gestures signifying marriage in language or usage.

 

Art. 11. (Modified) -The adult woman concludes her marriage contract in the presence of her “wali” who is his father or a close relative or any other person of his choice.

Without prejudice to the provisions of article 7 of this law, the marriage of the minor is contracted by through his “wali”, who is the father, then one of the close relatives. The judge is the guardian of the person which is devoid of it.

 

Art. 13. (Modified) – It is forbidden for the wali, whether he is the father or otherwise, to compel the marriage a minor placed under his guardianship, just as he cannot marry her without his consent.

 

Art. 30. – (Modified) – Women temporarily prohibited are:

– the already married woman,

– the woman in period of legal retirement following a divorce or the death of her husband,

– the woman repudiated three (3) times, by the same spouse, for the same spouse,

It is also temporarily prohibited:

– to have two sisters as wives simultaneously, or to have as wives at the same time one wife and her paternal or maternal aunt, whether the sisters are full, consanguineous, uterine or breastfeeding sisters,

– the marriage of a Muslim to a non-Muslim.

Art. 33. (Modified) – The marriage is declared null, if the consent is vitiated.

Contracted without the presence of two witnesses or dowry, or the wali when this is mandatory, the marriage is terminated before consumption and does not give rise to the right to the dowry. After consumption, it is confirmed by means of the dowry of parity “sadaq el mithl”. (2)

 

CRIMINAL CODE 2012

TITLE II CRIMES AND OFFENSES AGAINST INDIVIDUALS

Chapter I Crimes and misdemeanors against people

Section V bis (1) Human trafficking

Article 303 bis 4 Trafficking in persons

(4)Is considered trafficking, the recruitment, transportation, transfer, accommodation or receipt of one or more persons, by the threat or use of force or other forms of coercion, kidnapping, fraud, deception, abuse of authority or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having authority over another purpose of exploitation. Exploitation includes the exploitation of the prostitution of others or other forms of sexual exploitation, exploitation of others into begging, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs.

Human trafficking is punishable by imprisonment of three (3) years to ten (10) and a fine of 300,000 DA 1,000,000.

When law is applied to a person whose situation of vulnerability is due to his age, illness or physical or mental disability, perceived or known to the perpetrator, the penalty is imprisonment of five (5) years fifteen (15) years and a fine of 500,000 DA DA 1,500,000

Article 303 bis 5 Aggravating circumstances

Trafficking in persons is punishable by imprisonment for a term of ten (10) to twenty (20) years and a fine of DA 1,000,000 to DA 2,000,000 if the offence is committed under at least one of the following circumstances:

– When the perpetrator is the spouse of the victim or his or her ascendant or descendant or his or her guardian or if he or she has authority over the victim or if he or she is an official whose function facilitated the commission of the offence,

– where the offence is committed by more than one person,

– when the offence is committed with the carrying of weapons or the threat to use them,

– when the offence is committed by an organised criminal group or when it is transnational in nature.

Criminal Code 2012 – SHERLOC – Algerian (PDF)