Human Rights Watch: women in Algeria should marry without guardian

Human Rights Watch’s annual report criticized human rights reality in Algeria, saying “authorities increasingly resorted to criminal prosecutions in 2016 against bloggers, journalists, and media figures for peaceful speech, using articles in the penal code criminalizing offending the president, insulting state officials or denigrating Islam.

In its report issued on Thursday, Human Rights Watch said Algeria “prosecuted labor activists who organized or called for peaceful demonstrations on charges such as unauthorized gathering.”

Speaking about freedom of expression, the organization said “Parliament adopted amendments to the constitution in February 2016 that include recognition of academic freedom and press freedom without prior censorship and without prison as a punishment for press offenses. However, the constitution conditions the exercise of these and other rights to national laws that restrict them significantly.”

In its comments about unions, the report said several union activists in Algeria “faced retaliation for organizing or participating in strikes. They were suspended from their positions without compensation and never rehired.”

It defended same sex relations, saying Algeria “criminalizes same sex relations with a prison sentence of two months to two years. In 2015, several people were arrested for same-sex relations but none were prosecuted.”

In its positive remarks, the organization talked about changes to the Algerian Penal Code about protecting women. “Algeria’s Constitution enshrines the principle of non-discrimination based on sex and requires the state to take positive action to ensure equality of rights and duties of all citizens, men and women. In February 2016, parliament introduced an article proclaiming that the “state works to attain parity between women and men in the job market,” and “encourages the promotion of women to positions of responsibility in public institutions and in businesses,” it said.

 “Parliament adopted amendments to the penal code specifically criminalizing some forms of domestic violence,” it added.

The report criticized the Family Code which based on the Islamic Law. It said the “Code continues to discriminate against women despite some amendments in 2005 that improved women’s access to divorce and child custody.”

“An adult woman still requires a male guardian to conclude her marriage contract, a requirement not imposed on men. A man can divorce unilaterally, while a woman must apply to the courts. If a woman wishes to divorce without her husband’s consent and without justification, she needs to pay back her dowry, or an equivalent amount of money, to her husband in return for the divorce,” said the organization referring to the Code.

It described this point as “problematic,” saying the Code “does not recognize marital property, provisions that values women’s non-monetary contributions to the marriage at the time of termination.”