CERD/C/DZA/CO/15-19 Criminalization of racial discrimination 12. The Committee reiterates its concern that the State party’s legislation does not classify racial discrimination as an offence in line with the Convention. While noting the reference made to the offences of defaming and insulting persons belonging to ethnic groups, the Committee is concerned that relevant provisions do not reflect the entire content of article 4 of the Convention (arts. 2 and 4). The Committee recommends that the State party expedite the legislative reform announced by the delegation and incorporate the prohibition of racial discrimination into the Criminal Code, in accordance with the Convention. In this regard, the Committee draws the attention of the State party to general recommendations No. 7 (1985) and No. 15 (1993) on the application of article 4 of the Convention, which underscore the urgent need to adopt legislation to eradicate racial discrimination. It recommends that the envisaged legislative amendments cover all aspects of article 4 of the Convention and that the State party ensure the effective implementation of the legislation. Absence of complaints of racial discrimination 13. The Committee takes note of the information provided by the State party that no complaints relating to acts of racial discrimination have been brought before the courts, not even in civil proceedings. It regrets that the Convention has never been applied by the courts, even though, under the Constitutional Council decision of 20 August 1989 and pursuant to article 132 of the Constitution, international treaties ratified and published by the State party take precedence over domestic law and thus any Algerian citizen can invoke them before the national courts. The Committee recalls that it does not accept the general assertion that there is no racial discrimination in States parties to the Convention (arts. 2 and 6). Recalling its general recommendation No. 31 (2005) on racial discrimination in the administration and functioning of the criminal justice system, the Committee emphasizes that the absence of complaints concerning acts of racial discrimination is not necessarily an indicator of the absence of racial discrimination in the State party. In this regard, it requests the State party to ensure that the population is aware of its rights, specifically of all legal remedies in connection with racial discrimination, including the right to invoke the Convention before the domestic courts. Furthermore, the Committee asks the State party to include comprehensive information on complaints lodged and the follow-up given to them in its next periodic report. Promotion of the Amazigh language 14. While noting the measures taken to promote the Amazigh language and culture, including teaching of the language in schools, the Committee is concerned by reports that there are not enough qualified teachers and teaching materials and that Amazigh-language teaching has been abolished in several wilaya communes. It also regrets that, despite its status as a national language, the Amazigh language is not yet recognized as an official language and is thus excluded from areas of public life such as the public administration and the justice system (art. 5). The Committee notes the State party’s statement on the additional efforts that will be made and strongly encourages it to ensure that the Amazigh language is taught at all levels of education and is established as an official language so as to further promote its use throughout the country. GE.13-42646 3

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