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
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