GOVERNING THE ALGERIAN SOCIETY
ORGANIZATION OF POWERS:
The executive power
The legislative power
CONTROL AND CONSULTATIVE INSTITUTIONS
GOVERNING THE ALGERIAN SOCIETY
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.
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
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
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 IIIThe State
Art.11 - The State takes its legitimacy and its raison
d’être 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
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 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
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
Art. 22 - Power abuse is repressed by the law.
Art. 23 - The administration’s impartiality is guaranteed by the
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
Art. 54 - All citizens have the right for the protection of their
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 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
Art. 58 - The family gains protection from the State and the
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.
Art. 60 - Ignorance of the law is no excuse.
Every person should abide by the Constitution and comply with the laws of
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
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
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.