Go
back to the table of contentsArticle 1- Algeria is a People's Democratic Republic. It is one and indivisible.
Art. 2- Islam is the religion of the State.
Art. 3- Arabic is the national and official language.
Art. 4- The capital of the Republic is ALGIERS.
Art. 5- The national flag, the State seal and the national anthem are defined by the law.
Art. 6 - The People are the source of any
power.
The national sovereignty belongs exclusively
to the People.
Art. 7 - The constituent power belongs to
the People.
The People exercise their sovereignty through
institutions they set up.
The People exercise it by means of referendum
and through the elected representatives.
The President of the Republic may resort
directly to the expression of the People's will.
Art. 8 - The People set up institutions having as objectives:
Art. 9 - The institutions are not allowed:
Art. 10 - The People choose freely their
representatives.
The representation of the People has no
limits except those defined by the Constitution and the electoral
law.
Art. 11 - The State takes its legitimacy
and its raison d'être from the People's will.
Its motto is "By the People and for the People".
It is exclusively for the service of the People.
Art. 12 - The sovereignty of the State is
exercised on its terrestrial space, its air space, and its
waters.
The State also exercises its sovereign right established by the
international law on any of its various areas of the maritime
space to which they belong.
Art. 13 - In any circumstances should a part of the national territory be abandoned or alienated.
Art. 14 - The State is based on the
principles of democratic organization and of social justice.
The elected Assembly is the framework in which is expressed the
people's will and the control of the public authorities is
exercised.
Art. 15 - The territorial collectivities
of the State are the "Commune" and the
"Wilaya".
The "Commune" is the basic collectivity.
Art. 16 - The elected assembly represents the basis of decentralization and a place of the citizens' participation in the management of public affairs.
Art. 17 - Public property belongs to the
national collectivity.
It includes the underground, the mines and quarries, the natural
resources of energy, the mineral, natural and living resources in
the various national maritime areas, waters and forests.
It also includes rail, maritime and air transport, the mail and
telecommunications as well as other properties defined by the
law.
Art. 18 - The national properties are
defined by the law.
They include public and private properties of the State, the
"Wilaya" and the "Commune".
The management of the national properties is carried out in
accordance with the law.
Art. 19 - The organization of external
trade is the domain of the State only.
The law defines the conditions and control of external trade.
Art. 20 - Expropriation can be carried out
only within the framework of the law.
It gives right to a prior, just and
fair compensation.
Art. 21 - The functions in the State institutions should neither be a source of wealth nor a means of being for the service of private interests.
Art. 22 - Power abuse is repressed by the law.
Art. 23 - The Administration's impartiality is guaranteed by the law.
Art. 24 - The State is responsible for the security of persons and properties. It ensures the protection of every citizen abroad.
Art. 25 - The enhancement and the
development of the defense capacity of the Nation are organized
within the National People's Army.
The permanent task of the National People's Army is to safeguard
the national independence and to defend the national sovereignty.
It ensures the defense of the country's unity and the territorial
integrity as well as the protection of its terrestrial and air
space, and the various areas of its maritime space.
Art. 26 - Algeria does not resort to war
in order to undermine the legitimate sovereignty and the freedom
of other peoples.
It puts forth its efforts to settle international disputes
through peaceful means.
Art. 27 - Algeria associates itself with all the peoples fighting for their political and economic liberation, for the right of self determination and against any racial discrimination.
Art. 28 - Algeria works for the reinforcement of international cooperation and to the development of friendly relations among States, on equal basis, mutual interest and non interference in the internal affairs. It endorses the principles and objectives of the United Nations Charter.
Art. 29 - All citizens are equal before the law. No discrimination shall prevail because of bind, race, sex, opinion or any other personal or social condition or circumstance
Art. 30 - The Algerian nationality is
defined by the law.
Conditions for acquiring, keeping, losing or forfeiture of the
Algerian nationality are defined by the law.
Art. 31 - The aim of the institutions is to ensure equality of rights and duties of all citizens, men and women, by removing the obstacles which hinder the progress of human beings and impede the effective participation of all in the political, economic, social and cultural life.
Art. 32 - The fundamental human and
citizen's rights and liberties are guaranteed.
They are a common heritage of all Algerians, men and women, whose
duty is to transmit it from generation to another in order to
preserve it and keep it inviolable.
Art. 33 - Individual or associative defense of the fundamental human rights and individual and collective liberties is guaranteed.
Art. 34 - The State guarantees the
inviolability of the human entity.
Any form of physical or moral violence or breach of dignity is
forbidden.
Art. 35 - Infringements committed against rights and libel ties and violations of physical or moral integrity of a human being are repressed by the law.
Art. 36 - Freedom of creed and opinion is inviolable.
Art. 37 - Freedom of trade and industry is guaranteed, it is carried out within the framework of the law.
Art. 38 - Freedom of intellectual,
artistic and scientific innovation is guaranteed to the citizen.
Copyrights are protected by the law.
The seizure of any publication, recording or any other means of
communication acid information can only be done in pursuance of a
warrant.
Art. 39 - The private life and the honor
of the citizen are inviolable and protected by the law.
The secrecy of private correspondence and communication, in any
form, is guaranteed.
Art. 40 - The State guarantees home
inviolability.
No thorough search can be allowed unless in pursuance of the law
and in compliance with the latter.
The thorough search can only be in pursuance of a search warrant
emanating from the competent judicial authority.
Art. 41- Freedom of expression, association and meeting are guaranteed to the citizen.
Art. 42 - The right to create political
parties is recognized and guaranteed.
However, this right cannot be used to violate the fundamental
liberties, the fundamental values and components of the national
identity, the national unity, the security and the integrity of
the national territory, the independence of the country and the
People's sovereignty as well as the democratic and Republican
nature of the State.
In respect to the provisions of the present Constitution, the
political parties cannot be founded on religious, linguistic,
racial, sex, corporatist or regional basis.
The political parties cannot resort to partisan propaganda on the
elements mentioned in the previous paragraph.
Any obedience, in any form of the political parties to foreign
interests or parties is forbidden.
No political party can resort to any form of any nature of
violence or constraint.
Other obligations and duties are prescribed by the law.
Art. 43 - The right to create associations
is guaranteed.
The State encourages the development of associative movement.
The law defines the conditions and clauses of the creation of
associations.
Art. 44 - Any citizen enjoying his civil
and political rights has the right to choose freely his place of
dwelling and to move on the national territory.
The right of entry and exit from the national territory is
guaranteed.
Art. 45 - Any person is presumed not guilty until his culpability is established by a regular jurisdiction with all the guarantees required by the law.
Art. 46 - None is guilty unless it is in accordance with a promulgated law prior to the incriminated action.
Art. 47 - None can be pursued, arrested or detained unless within the cases defined by the law and in accordance with the forms prescribed.
Art. 48 - In the field of penal
investigation, custody is under judiciary control and cannot
exceed forty eight (48) hours.
The person held in custody has the right to be immediately in
contact with his family.
The extension of the period of custody can occur, exceptionally,
only within the conditions established by the law.
At the expiration of the period of custody, it is compulsory to
proceed to a medical examination of the person detained if this
latter asks for it, and in any cases, this person is informed of
this right.
Art. 49 - Miscarriage of justice leads to
compensation by the State.
The law determines the conditions and modes of compensation.
Art. 50 - Any citizen fulfilling the legal conditions can elect and be elected.
Art. 51 - Equal access to functions and positions in the State is guaranteed to all citizens without any other conditions except those defined by the law.
Art. 52 - Private property is guaranteed.
The right to inherit is guaranteed.
The "WAQF" properties and the foundations are
recognized; their intended purpose is protected by the law.
Art. 53 - The right for education is
guaranteed. Education is free within the conditions defined by
the law.
Fundamental education is compulsory.
The State organizes the educational system.
The State ensures the equal access to education and professional
training.
Art. 54 - All citizens have the right for
the protection of their health.
The State ensures the prevention and the fight of endemic and
epidemics.
Art. 55 - All citizens have right for
work.
The right for protection security and hygiene at work is
guaranteed by the law.
The right to rest is guaranteed; the law defines the relevant
clauses.
Art. 56 - The trade union right is recognized to all citizens.
Art. 57 - The right to strike is
recognized; it is carried out within the framework of the law.
The law may forbid or limit the strike in the field of national
defense and security or in any public service or activity of
vital interest for the community.
Art. 58 - The family gains protection from the State and the society.
Art. 59 - The living conditions of the citizens under the age of working or those unable or can never be able to work are guaranteed.
Art. 60 - Ignorance of the law is no
excuse.
Every person should abide by the Constitution and comply with the
laws of the Republic.
Art. 61 - The duty of every citizen is to
protect and safeguard the independence of the country and the
integrity of its national territory as well as all the symbols of
the State.
Treason, spying, obedience to the enemy as well as all the
infringements committed against the State security are severely
repressed by the law.
Art. 62 - Every citizen should, loyally,
fulfill his obligations towards the national community.
The commitment of every citizen towards the Mother Country and
the obligation to contribute to its defense are sacred and
permanent duties.
The State guarantees the respect of the symbols of the
Revolution, the memory of the "chouhada" and the
dignity of their rightful, and the "moudjahidine".
Art. 63 - All the individual liberties are carried out within the respect of the rights of others recognized by the Constitution, in particular, the respect of the right for honor, intimacy and the protection of the family, the youth and childhood.
Art. 64 - The citizens are equals before
the taxes.
Everyone should participate in financing the
public expenses, in accordance with his contributory capacity,
No taxes can be laid down unless in
accordance with the law.
No tax, contribution or duty of any nature
can be laid down with a retrospective effect. ?p>
Art. 65 - The law sanctions the duty of parents in the education and protection of their children as well as the duty of the children in helping and assisting their parents.
Art. 66 - The duty of every citizen is to protect the public property and the interests of the national community and to respect the property of others.
Art. 67 - Any foreigner being legally on the national territory enjoys the protection of his person and his properties by the law.
Art. 68 - None can be extradited unless in accordance and in implementation of the extradition law.
Art. 69 - In no case, a political refugee having legally the right of asylum can be delivered or extradited.
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