A/HRC/52/12
8.
These consultations had made it possible to adopt an approach that was free from the
political adventurism of a transition period without deadlines and to opt for the process that
would confer constitutional legitimacy on the relevant institutions, by allowing the people to
express their will through an electoral process that began on 12 December 2019 and resulted
in the election of Abdelmadjid Tebboune as President of the Republic.
9.
The newly elected President had proceeded, in line with his campaign promises, to
initiate far-reaching reforms, including the preparation of a draft revised constitution, which
was approved by the people through a referendum held on 1 November 2020. The new
Constitution included important amendments that enshrined fundamental rights, civil
liberties and the balanced separation of powers, strengthened the independence of the
judiciary, promoted human rights and ensured transparent governance.
10.
In this context, numerous texts had been harmonized, new laws had been introduced
and many national institutions had been established to help promote and protect collective
and individual freedoms.
11.
Algeria believed in pluralism, supported the principle of the universality of human
rights and rejected any attempt to impose a single unified model of social or political
organization or a unilateral vision based on foreign values that did not take into account the
philosophical, civilizational, historical, cultural and religious differences between States.
Freedom of expression should not be used as a pretext for showing a lack of respect for
monotheistic religions, their symbols and the beliefs of different peoples.
12.
Democracy was not compatible with behaviour that undermined personal dignity, just
as freedom of opinion, expression and assembly could not be based on the logic of
subversion, calls for insubordination or even separatism, or attempts to circumvent the
electoral process in order to gain access to power through unconstitutional means.
13.
Freedom of opinion and expression should not be a tool for subversion or a means of
encouraging violence or hate speech that can damage the social fabric.
14.
The Minister of Justice also stated that, in Algeria, crimes of opinion and press
offences did not exist and journalists were not imprisoned for doing their job. He criticized
the deliberate exploitation on social media of a handful of cases involving prosecutions under
ordinary law that had nothing to do with freedom of expression.
15.
Terrorism was a transnational problem and a real threat both to human societies and
to the security and stability of countries.
16.
In this context, the Minister of Justice noted that it was pointless to envisage a
coordinated legislative response to this type of crime and that democratic societies offered
freedom that was exploited by terrorists to promote intolerance, exclusion of the other, and
rejection of the notion of living together in peace.
17.
Terrorists were developing their capacity for survival and sometimes used human
rights as a cover, exploiting legal, political, media and, on occasion, trade union frameworks,
especially via social networks, and employing their tools to attack diversity and marginal
groups, to feed hatred against institutions and to incite civil disobedience and separatism.
18.
With regard to freedom of association, the Minister of Justice noted that a new law
guaranteeing freedom to engage in trade union activities had been drawn up and that there
were 160 workers’ unions.
19.
Freedom of worship and religion was enshrined in the Constitution, could be exercised
in accordance with the law, without any discrimination, and was protected by the State
against any political or ideological influence, pursuant to article 51 of the Constitution. The
provisions governing Islamic and other religious worship were in line with article 18 of the
International Covenant on Civil and Political Rights, and the allegations of prohibitions,
restrictions and prosecutions relating to the performance of religious rituals were unfounded,
especially as the prosecutions in question were being brought under ordinary law.
20.
Efforts had been made to improve conditions of detention. Over the previous four
years, 21 new prisons had been opened and 13 prisons had been closed. In the previous three
GE.22-27762
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