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PEOPLE�S DEMOCRATIC REPUBLIC OF ALGERIA
THE CONSTITUTION


November 28th, 1996

PREAMBLE

PART ONE
GENERAL PRINCIPLES
GOVERNING THE ALGERIAN SOCIETY

PART TWO
ORGANIZATION OF POWERS:
The executive power
The legislative power
The judicial power

PART THREE
CONTROL AND CONSULTATIVE INSTITUTIONS

PART FOUR
CONSTITUTIONAL REVISION
 

PART ONE
GENERAL PRINCIPLES GOVERNING THE ALGERIAN SOCIETY


CHAPTER I
Algeria

   Article 1 - Algeria is a People�s Democratic Republic.
   It 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 the law.

 

CHAPTER II
The People

   Art. 6 - The People are the source of any power.
   The national sovereignty belongs exclusively to the People.

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

   Art.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.

   Art. 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.

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

 

CHAPTER III
The State

   Art.11 - The State takes its legitimacy and its raison d��tre from the People's will.
   Its motto is �By the People and for the People�.
   It is exclusively for the service of the People.

   Art. 12 - The sovereignty of the State is exercised on its terrestrial space, its air space, and its waters.
   The State also exercises its sovereign right established by the international law on any of its various areas of the maritime space to which they belong.

   Art. 13 - In any circumstances should a part of the national territory be abandoned or alienated.

   Art. 14 - The State is based on the principles of democratic organization and of social justice.
   The elected Assembly is the framework in which is expressed the people's will and the control of the public authorities is exercised.

   Art. 15 - The territorial collectivities of the State are the �Commune� and the �Wilaya�.
   The �Commune� is the basic collectivity.

   Art. 16 - The elected assembly represents the basis of decentralization and a place of the citizen�s participation in the management of public affairs.

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

   Art. 18 - The national properties are defined by the law.
   They include public and private properties of the State, the �Wilaya� and the �Commune�.
   The management of the national properties is carried out in accordance with the law.

   Art. 19 - The organization of external trade is the domain of the State only.
   The law defines the conditions and control of external trade.

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

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

   Art. 22 - Power abuse is repressed by the law.

   Art. 23 - The administration�s impartiality is guaranteed by the law.

   Art. 24 - The State is responsible for the security of persons and properties. It ensures the protection of every citizen abroad.

   Art. 25 - The enhancement and the development of the defense capacity of the Nation are organised within the National People�s Army.
   The permanent task of the National People�s Army is to safeguard the national independence and to defend the national sovereignty.
   It ensures the defence of the country�s unity and the territorial integrity as well as the protection of its terrestrial and air space, and the various areas of its maritime space.

   Art. 26 - Algeria does not resort to war in order to undermine the legitimate sovereignty and the freedom of other People�s.
   It puts forth its efforts to settle international disputes through peaceful means.

   Art. 27 - Algeria associates itself with all the peoples fighting for their political and economic liberation, for the right of self-determination and against any racial discrimination.

   Art. 28 - Algeria works for the reinforcement of international cooperation and to the development of friendly relations among States, on equal basis, mutual interest and non interference in the internal affairs. It endorses the principles and objectives of the United Nations Charter.

 

CHAPTER IV
Rights and liberties

   Art. 29 - All citizens are equal before the law. No discrimination shall prevail because of birth, race, sex, opinion or any other personal or social condition or circumstance.

   Art. 30 - The Algerian nationality is defined by the law.
   Conditions for acquiring, keeping, loosing or forfeiture of the Algerian nationality are defined by the law.

   Art. 31 - The aim of the institutions is to ensure equality of rights and duties of aIl citizens, men and women, by removing the obstacles which hinder the progress of human beings and impede the effective participation of all in the political, economie, social and cultural life.

   Art. 32 - The fundamental human and citizen's rights and liberties are guaranteed.
   They are a common heritage of all Algerians, men and women, whose duty is to transmit it from generation to another in order to preserve it and keep it inviolable.

   Art. 33 - Individual or associative defence of the fundamental human rights and individual and collective liberties is guaranteed.

   Art. 34 - The State guarantees the inviolabilty of the human entity.
   Any form of physical or moral violence or breach of dignity is forbidden.

   Art. 35 - Infringements committed against rights and liberties and violations of physical or moral integrity of a human being are repressed by the law.

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

   Art. 37 - Freedom of trade and industry is guaranteed, it is carried out within the framework of the law.

   Art. 38 - Freedom of intellectual, artistic and scientific innovation is guaranteed to the citizen.
   Copyrights are protected by the law.
   The seizure of any publication, recording or any other means of communication and information can only be done in pursuance of a warrant.

   Art. 39 - The private life and the honour of the citizen are inviolable and protected by the law.
   The secrecy of private correspondence and communication, in any form, is guaranteed.

   Art. 40 - The State guarantees home inviolability.
   No thorough search can be allowed unless in pursuance of the law and in compliance with the latter.
   The thorough search can only be in pursuance of a search warrant emanating from the competent judicial authority.

   Art. 41 - Freedom of expression, association and meeting are guaranteed to the citizen.

   Art. 42 - The right to create political parties is recognized and guaranteed.
   However, this right cannot be used to violate the fundamental liberties, the fundamental values and components of the national identity, the national unity, the security and 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 cannot be founded on religious, linguistic, racial, sex, corporatist or regional basis.
   The political parties cannot 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 can resort to any form of any nature of violence or constraint.
   Other obligations and duties are prescribed by the law.

   Art. 43 - The right to create associations is guaranteed.
   The State encourages the development of associative movement.
   The law defines the conditions and clauses of the creation of associations.

   Art. 44 - Any citizen enjoying his civil and political rights has the right to choose freely his place of dwelling and to move on the national territory.
   The right of entry and exit from the national territory is guaranteed.

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

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

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

   Art. 48 - In the field of penal investigation, custody is under judiciary control and cannot exceed fourty-eight (48) hours.
   The person held in custody has the right to be immediately in contact with his family.
   The extension of the period of custody can occur, exceptionally, only within the conditions established by the law.
   At the expiry of the period of custody, it is compulsory to proceed to a medical examination of the person detained if this latter asks for it, and in any cases, this person is informed of this right.

   Art. 49 - Miscarriage of justice leads to compensation by the State.
   The law determines 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 is guaranteed to all citizens without any other conditions except those defined by the law.

   Art. 52 - Private property is guaranteed.
   The right to inherit is guaranteed.
   The �Wakf'� properties and the foundations are recognized; their intended purpose is protected by the law.

   Art. 53 - The right for education is guaranteed. Education is free within the conditions defined by the law.
   Fundamental education is compulsory.
   The State organizes the educational system.
   The State ensures the equal access to education and professional training.

   Art. 54 - All citizens have the right for the protection of their health.
   The State ensures the prevention and the fight of endemics and epidemics.

   Art. 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.

   Art. 56 - The trade union right is recognized to all citizens.

   Art. 57 - The right to strike is recognized; it is carried out within the framework of the law.
   The law may forbid or limit the strike in the field of national defence and security, or in any public service or activity of vital interest for the community.

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

   Art. 59 - The living conditions of the citizens under the age of working or those unable or can never be able to work are guaranteed.
 

 

CHAPTER V
The Duties
   Art. 60 - Ignorance of the law is no excuse.
   Every person should 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 the State security are severely repressed by the law.

   Art. 62 - Every citizen should, loyally, fulfill his obligations towards the national community.
   The commitment of every citizen towards the Mother Country and the obligation to contribute to its defence are sacred and permanent duties.
   The State guarantees the respect of the symbols of the Revolution, the memory of the �chouhada� and the dignity of their rightfuls, and the �moudjahidine�.

   Art. 63 - All the individual liberties are carried out within the respect of the rights of others recognized by the Constitution, in particular, the respect of the right for honour, intimacy and the protection of the family, the youth and childhood.

   Art. 64 - The citizens are equals before the taxes.
   Everyone should participate in financing the public expenses, in accordance with his contributory capacity.
   No taxes can be laid down unless in accordance with the law.
   No tax, contribution or duty of any nature can be laid down with a retrospective effect.

   Art. 65 - The law sanctions the duty of parents in the 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 the 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 enjoys the protection of his person and his properties by the law.

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

   Art. 69 - In no case, a political refugee having legally the right of asylum can be delivered or extradited.