By Peter Katonene Mwesigwa
The author is Legal & Research Officer for the African Freedom of Information Centre. This chapter, reprinted with permission, is part of the AFIC’s RTI in Africa Report 2015.
Introduction
Algeria faces deep social, economic and political challenges. Ailing President Abdelaziz Bouteflika’s was re–elected to a fourth term5 In 2014 and in that year; Algeria was ranked 100th out of 175 in Transparency International’s corruption perceptions index6. The government made constitutional ammendment that appeared to be democratic.7 Today, the high level of corruption is a burden to Algeria’s public sectors, especially the energy sector, which contributes the most to Algeria’s economy.8
Respect for FOI and FOE is one way of improving transparency and fighting corruption. An analysis of corruption perception indexes reveals that countries that promote the RTI and FOE have registered improvement in governance.9
Algeria has demonstrated its determination to promote these rights by signing important international instruments that provide for FOI and FOE such as, the International Covenant on Civil and Political Rights, United Nations Convention against Corruption, the African Charter on Human and Peoples’ Rights and the African Union Convention on Preventing and Combating Corruption. However, Algeria’s failure to protect these rights could be related to the high corruption levels in government.
Right to information and Corruption in Algeria
Algeria does not have a specific law on FOI. However, proposals have been made for an Organic Law on Information–LOI (Loi organique relative à l’information). The Government announced in February 2015 that this law would be reviewed and presented to parliament.10 While the legal provisions in Algeria appear to promote FOI and FOE which in turn should reduce corruption, this is not the case. The Algerian constitution protects FOE,11 media laws appear to enhance media freedom12 and an anti-corruption law sternly deals with corruption.13 The implication being that if these were implemented well, the corruption perception in Algeria would reduce.
Algeria’s media law authorizes the creation of privately owned television channels. However, the same law also introduces numerous restrictions on content–most notably, a ban on news coverage without prior authorisation.14 The media is generally tainted with accusations of fraud and corruption.15 The Government has targeted, Al–Atlas Television because of its critical coverage of the government, and President Bouteflika, in particular.16
A cybercrime law also gives authorities the right to block websites “contrary to the public order or decency,” while a centralised system monitors Internet traffic.17 Journalists and bloggers face criminal defamation charges. Government officials and private entities use criminal defamation laws to harass independent bloggers and journalists. For instance, cartoonist Djamel Ghanem was charged with insulting the president after attempting to publish a political cartoon mocking Bouteflika. He was acquitted, but prosecutors appealed the ruling, Ghanem fled Algeria and sought political asylum in France.
Algerian print media is constrained by monopolistic practices. Most print media are dependent on state–controlled printing houses (such as the Société d’Impression d’Alger) and distribution networks. They arbitrarily takes decisions on publications to be printed and distributed.18
These barriers to FOI and FOE may perhaps be related to the prevalence of corruption in Algeria. International media houses have described the corruption in Algeria as ‘endemic’,19 despite the strong anti–corruption legislation.20
The anti–corruption legislation provides mechanisms for the investigation of abuses and corruption. Algeria’s anti corruption law provides for the National Prevention and Anti–Corruption Body (Organe national de prevention et de lutte contre la corruption) which should ideally be an independent authority. The body’s autonomy is unfortunately weakened by the requirement to report to the President, which affects FTI. Further, the government does not provide the public with information on corruption related legal action against security personnel, citing security concerns.21
A clear mechanism to fight corruption using FOI and expression exists in Algeria through the Central Office for the Repression of Corruption (Office central de repression de la corruption, OCRC). This office was created as a special investigation services centre in charge of combating corruption. It brings together several police criminal investigation services and financial experts. It is responsible for collecting evidence, investigating acts of corruption and arranging for charges to be brought before the courts. The OCRC can initiate an investigation using the information reported by the press or by other sources. Consequently, if FOE and FOI was guaranteed in Algeria then the OCRC’s undertaking to fight corruption would be improve greatly.
The National Anti–corruption Association (association nationale de lutte contre la corruption, ANLC) was established to engage civil society in the fight against corruption in Algeria with the aims of raising awareness and providing education regarding problems of corruption22. As such, the ANLC is an information and support network for people wanting to combat corruption. Apprehensively, the ANLC has not received formal accreditation from the Algerian authorities.23 The Algerian authorities explained that the ANLC accreditation application had been refused because “the mission of the ANLC, to combat corruption, is completely and exclusively the prerogative of the government and its anti–corruption bodies”.24
As required under Article 46 of the United Nations Convention against Corruption (UNCAC); regarding mutual legal assistance Algeria has provided for the reciprocal exchange of information relating to criminal convictions for the purpose of prosecution or sentencing. In addition, under its national laws and the conventional standards to which Algeria is a party, the Algeria has committed to transmit any information on any UNCAC offence spontaneously. Under UNCAC as a general rule, any information in the public domain may be used for other purposes, and any exculpatory evidence may be revealed to the public. This is a step in the right direction, as this information may be taken into account for any investigation related to corruption cases even beyond Algeria’s borders.
Conclusion
Algeria is beaming with economic potential that can be realised through the creation of sustainable democracy. To achieve this, reforms need to be implemented. The most important of the reforms is the passing of a public access to information law that allows meaningful government accountability. Without accurate information, Algerians cannot adequately stop the rampant corruption debilitating the nation’s economy and political system. Nor can the media serve as an effective check and watchdog on government abuse.
Recommendations
- Pass a domestic FOI law
- Reform the current media law –
- Ratify African Charter on Democracy, Election and Governance
- Revision of treaties that bar sharing of information
Footnotes
5 Algeria’s Bouteflika’s Wins Re-election http://www.reuters.com/article/2014/04/18/us-algeria-election-idUSBREA3H0D620140418 (accessed 18th August 2015).
6 Corruption Perception Index-Transparency International http://www.transparency.org/cpi2014/results (accessed 18th August 2015).
7 2015 Index of Economic Freedom http://www.heritage.org/index/country/algeria (accessed 18th August 2015).
8 The Political Roots of Algeria’s Corruption Scandals http://www.alaraby.co.uk/english/politics/2015/5/18/the-political-roots-of-algerias-corruption-scandals (accessed 18th August 2015).
9 Using the Right to Information as an Anti-Corruption Too. l (PDF file) (accessed 18th August 2015).
10 Algeria Press Service http://www.aps.dz/en/algeria/6095-organic-law-on-parliament-to-be-reviewed-after-amendment-of-constitution,-announces-minister (accessed 18th August 2015).
11 Article 41 Constitution of Algeria.
12 Human Rights Watch Report Algeria https://www.hrw.org/world-report/2014/country-chapters/algeria (accessed 18th August 2015).
13 The Algerian Corruption Law, 26th February 2006 Law No. 06-01.
14 Freedom House Report-Algeria https://freedomhouse.org/report/freedom-world/2015/algeria#.VdMwt7Kqqko (accessed 18th August 2015).
15 Freedom House Report-Algeria https://freedomhouse.org/report/freedom-world/2015/algeria#.VdMwt7Kqqko (accessed 18th August 2015).
16 Amnesty International ‘Pre-election clamp-down exposes gaping holes in human rights record’ https://www.amnesty.org/en/latest/news/2014/04/algeria-pre-election-clampdown-exposes-gaping-holes-human-rights-record/ (accessed 18th
August 2015).
17 Freedom House Report-Algeria https://freedomhouse.org/report/freedom-world/2015/algeria#.VdMwt7Kqqko (accessed 18th August 2015).
18 Reporters without Borders Letter to US Secretary of State: http://en.rsf.org/algerie-letter-to-john-kerry-about-freedom-02-04-2014,46074.html (accessed 18th August 2015).
19 BBC Country Profile Algeria http://www.bbc.com/news/world-africa-14118852 (accessed 18th August 2015).
20 The anti-corruption legislation, Law No. 06-01 of 21 Muharram 1427 (February 20, 2006).
21 United States Department of State, Human Right Report on Algeria http://www.state.gov/j/drl/rls/hrrpt/2014/nea/236592.htm (accessed 18th August 2015).
22 Algeria: Recourse against corruption including its effectiveness; the National Anti-Corruption Association, http://www.refworld.org/docid/54042eb94.html (accessed 18th August 2015).
23 Algeria: Bureaucratic Ploys Used to Stifle Association https://www.hrw.org/news/2014/03/30/algeria-bureaucratic-ploys-used-stifle-associations (accessed 18th August 2015).
24 Algeria: Recourse against corruption including its effectiveness; the National Anti-Corruption Association, http://www.refworld.org/docid/54042eb94.html (accessed 18th August 2015).
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