SECTOR 1

Freedom of expression, including
freedom of the media, are effectively
protected and promoted.
1.1
Freedom of expression, including freedom
of the media, is guaranteed in the constitution and
supported by other pieces of legislation.
The Constitution of the People’s Democratic Republic of Algeria, adopted in
1996, effectively guarantees fundamental civil and political liberties including the
freedom of expression. It thus remains true to the spirit and letter of the February
1989 Constitution, which then opened an era of political pluralism in Algeria.
In its preamble, the Constitution is defined as “the fundamental law that guarantees
individual and collective rights and freedoms, protects the principle of the peoples’ freedom
of choice and confers legitimacy to the exercise of power”. Even more precise in its first
section on the general principles governing the Algerian society (article 41 under
Chapter IV on rights and liberties), the Constitution further stipulates: “freedom
of expression, association and assembly are guaranteed for the citizen”. Its article 31 also
declares that “freedom of conscience and freedom of opinion are entrenched”.
Besides, the Constitution states that “the sequestration of any publication, recording
or other communication and information medium can only be done under the authority
of a judicial warrant”. Finally, the text cautions that revisions to the Constitution
shall not adversely affect the peoples’ fundamental liberties and human rights.
The Information Act 90-07 of 3 April 1990 stipulates that “the right to information
is freely exercised in accordance with human rights, foreign policy requirements and
national security”. In particular, article 14 of the legislative instrument clearly
affirms that “the edition of all periodical publications is unrestricted”.
However, whether referring to the fundamental law or to ordinary laws, panel
members believe that their application is questionable, particularly in view of
the 1992 decree that declared a state of emergency. In the case of Act 90-07,
panel members felt that the legislative decree issued in 1993 by the Higher State
Committee cancles out the freedom granted by the Act, because it dissolves the
Higher Information Council, which in their view, was its backbone.
Incidentally, panel members were deeply divided about the relevance of this
said Act. It has to a certain extend become invalid, althought it has never been

12

AFRICAN MEDIA BAROMETER ALGERIA 2009

Select target paragraph3