Algérie

In favour : A/HRC/DEC/1/106, A/HRC/DEC/1/107, A/HRC/RES/S-1/1, A/HRC/RES/S-2/1, A/HRC/RES/S-3/1, A/HRC/RES/2/3, A/HRC/RES/2/4, A/HRC/DEC/2/109, A/HRC/DEC/2/115, A/HRC/RES/3/1, A/HRC/DEC/3/103, A/HRC/RES/4/5, A/HRC/RES/4/9, A/HRC/DEC/4/103

Against : A/HRC/2/L.48 (rejected)

Abstained : A/HRC/RES/1/2

No vote :

Source : www.ilo.org

Reservations, Declarations and Objections

Reservations and Declarations :

1. The Democratic and Popular Republic of Algeria does not consider itself bound by article IX of the Convention, which confers on the International Court of Justice jurisdiction in all disputes relating to the said Convention. The Democratic and Popular Republic of Algeria declares that no provision of article VI of the said Convention shall be interpreted as depriving its tribunals of jurisdiction in cases of genocide or other acts enumerated in article III which have been committed in its territory or as conferring such jurisdiction on foreign tribunals. International tribunals may, as an exceptional measure, be recognized as having jurisdiction, in cases in which the Algerian Government has given its express approval. The Democratic and Popular Republic of Algeria declares that it does not accept the terms of article XII of the Convention and considers that all the provisions of the said Convention should apply to Non-Self-Governing Territories, including Trust Territories.

3. Interpretative declarations :
1. The Algerian Government interprets article 1, which is common to the two Covenants, as in no case impairing the inalienable right of all peoples to self-determination and to control over their natural wealth and resources. It further considers that the maintenance of the State of dependence of certain territories referred to in article 1, paragraph 3, of the two Covenants and in article 14 of the Covenant on Economic, Social and Cultural Rights is contrary to the purposes and principles of the United Nations, to the Charter of the Organization and to the Declaration on the Granting of Independence to Colonial Countries and Peoples [General Assembly resolution 1514 (XV)].
2. The Algerian Government interprets the provisions of article 8 of the Covenant on Economic, Social and Cultural Rights and article 22 of the Covenant on Civil and Political Rights as making the law the framework for action by the State with respect to the organization and exercise of the right to organize.
3. The Algerian Government considers that the provisions of article 13, paragraphs 3 and 4, of the Covenant on Economic, Social and Cultural Rights can in no case impair its right freely to organize its educational system.
4. The Algerian Government interprets the provisions of article 23, paragraph 4, of the Covenant on Civil and Political Rights regarding the rights and responsibilities of spouses as to marriage, during marriage and at its dissolution as in no way impairing the essential foundations of the Algerian legal system.

8. Reservations :
Article 2 : The Government of the People’s Democratic Republic of Algeria declares that it is prepared to apply the provisions of this article on condition that they do not conflict with the provisions of the Algerian Family Code.
Article 9, paragraph 2 : The Government of the People’s Democratic Republic of Algeria wishes to express its reservations concerning the provisions of article 9, paragraph 2, which are incompatible with the provisions of the Algerian Nationality code and the Algerian Family Code. The Algerian Nationality code allows a child to take the nationality of the mother only when :
 the father is either unknown or stateless ;
 the child is born in Algeria to an Algerian mother and a foreign father who was born in Algeria ;
 moreover, a child born in Algeria to an Algerian mother and a foreign father who was not born on Algerian territory may, under article 26 of the Algerian Nationality Code, acquire the nationality of the mother providing the Ministry of Justice does not object.
Article 41 of the Algerian Family Code states that a child is affiliated to its father through legal marriage.
Article 43 of that Code states that `the child is affiliated to its father if it is born in the 10 months following the date of separation or death’.
Article 15, paragraph 4 : The Government of the People’s Democratic Republic of Algeria declares that the provisions of article 15, paragraph 4, concerning the right of women to choose their residence and domicile should not be interpreted in such a manner as to contradict the provisions of chapter 4 (art. 37) of the Algerian Family Code.
Article 16 : The Government of the People’s Democratic Republic of Algeria declares that the provisions of article 16 concerning equal rights for men and women in all matters relating to marriage, both during marriage and at its dissolution, should not contradict the provisions of the Algerian Family Code.
Article 29 : The Government of the People’s Democratic Republic of Algeria does not consider itself bound by article 29, paragraph 1, which states that any dispute between two or more Parties concerning the interpretation or application of the Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration or to the International Court of Justice.
The Government of the People’s Democratic Republic of Algeria holds that no such dispute can be submitted to arbitration or to the Court of International Justice except with the consent of all the parties to the dispute.

11. Interpretative declarations :
Article 14, paragraphs 1 and 2 : The provisions of paragraphs 1 and 2 of article 14 shall be interpreted by the Algerian Government in compliance with the basic foundations of the Algerian legal system, in particular :
 With the Constitution, which stipulates in its article 2 that Islam is the State religion and in its article 35 that "there shall be no infringement of the inviolability of the freedom of conviction and the inviolability of the freedom of opinion" ;
 With Law No. 84-11 of 9 June 1984, comprising the Family Code, which stipulates that a child’s education is to take place in accordance with the religion of its father.
Articles 13, 16 and 17 : Articles 13, 16 and 17 shall be applied while taking account of the interest of the child and the need to safeguard its physical and mental integrity. In this framework, the Algerian Government shall interpret the provisions of these articles while taking account of :
 The provisions of the Penal Code, in particular those sections relating to breaches of public order, to public decency and to the incitement of minors to immorality and debauchery ;
 The provisions of Law No. 90-07 of 3 April 1990, comprising the Information Code, and particularly its article 24 stipulating that "the director of a publication destined for children must be assisted by an educational advisory body" ;
 Article 26 of the same Code, which provides that "national and foreign periodicals and specialized publications, whatever their nature or purpose, must not contain any illustration, narrative, information or insertion contrary to Islamic morality, national values or human rights or advocate racism, fanaticism and treason. Further, such publications must contain no publicity or advertising that may promote violence and delinquency."

13. Reservation :
The Government of the People’s Algerian Democratic Republic does not consider itself bound by article 92, paragraph 1 of this Convention which provides that any dispute between two or more States Parties concerning the interpretation or application of the present Convention, that is not settled by negotiation shall, at the request of one of them, be submitted to arbitration or to the International Court of Justice. The Government of the People’s Algerian Democratic Republic considers that any such dispute may be submitted to arbitration only with the agreement of all the parties to the conflict.

Sources : www.ohchr.org