Algeria associations law draft maintains constraints grants excessive government authority

Algerian authorities are being urged to revise a draft bill that would further restrict the right to freedom of association in the country. The bill, currently under consideration, would grant the government excessive authority over civil society groups, according to eight human rights organizations, including Human Rights Watch.

The draft bill would introduce additional restrictions on associations, including arbitrary limits on their purpose and activities, and would require them to obtain prior permission from the government to operate. It would also grant the Interior Ministry sweeping authority over the creation, function, and financing of associations, as well as control over their activities.

Human rights groups have expressed concern that the bill would undermine the right to freedom of association, which is guaranteed in the Algerian Constitution and international human rights law. The groups have called on the authorities to shelve the bill and introduce a new law that meets international standards on the right to freedom of association.

The current law, which was introduced in 2012, has been criticized for its overly broad and vague provisions, which have been used to restrict the activities of civil society groups. The law has been used to ban public and political gatherings, target human rights groups and defenders, and dissolve prominent groups.

The draft bill would retain many of the restrictive provisions of the current law, including the requirement for associations to obtain prior permission from the government to operate. It would also introduce new restrictions, such as the requirement for associations to conduct activities with respect for national values, and the prohibition on associations maintaining relationships with political parties or receiving financial assistance from them.

Human rights groups have called on the Algerian authorities to seize the opportunity to introduce a new law that allows civil society groups to operate freely, without undue restriction or fear of reprisals. They have urged the authorities to revise the draft bill in consultation with civil society to remove restrictive provisions and ensure that the law meets international standards on the right to freedom of association.

The right to freedom of association is a fundamental human right, essential for the functioning of a democratic society. Limitations on this right are only permissible when they are prescribed by law, and necessary in a democratic society, using the least restrictive means possible and reflecting basic values of pluralism and tolerance. The Algerian authorities have a responsibility to respect, protect, and promote this right, and to ensure that any restrictions on the right are proportionate and non-discriminatory.

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