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  Legal Instruments   

This section provides a list of international conventions and regional/bilateral agreements to which each country is a signatory, as well as national legislation that deals with movement, migration, asylum and human rights. Each listing includes a PDF/ link to a publically accessible document of the convention/law mentioned.
  International Conventions:

General International Law

Vienna Convention on Consular Relations, 24 April 1963 (entered into force 19 March 1967) 596 U.N.T.S 261. 
Ratified 1964
PDF

International Criminal Law

Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others2 December 1949 (entered into force 25 July 1951) 96 U.N.T.S. 271.
Ratified 1963
PDF

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 10 December 1984 (entered into force 26 June 1987) 1465 U.N.T.S. 85 [CAT].

Signed 1985, Ratified 1989 PDF

Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, 15 November 2000 (entered into force 15 November 2000) 2241 U.N.T.S. 507 [Palermo Protocol].
Signed 2001, Ratified 2004
PDF

Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 15 November 2000 (entered into force 15 December 2000) 2237 U.N.T.S 319 [Palermo Protocol]
Signed 2001, Ratified 2004
PDF

United Nations Convention Against Transnational Organized Crime, 15 November 2000 (entered into force 29 September 2003) 2225 U.N.T.S 209.
Signed 2000, Ratified 2002
PDF


International Human Rights Law 

Convention on the Elimination of All Forms of Discrimination against Women, 18 December 1979, 1249 U.N.T.S 513 [CEDAW]. Ratified 1996 
PDF

Convention on the Elimination of All Forms of Racial Discrimination7 March 1966, 660 U.N.T.S 195 [CERD].
Signed 1966, Ratified 1972  
PDF

Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, 18 December 1990 (1 July 2003) 2220 U.N.T.S. 3 [Migrant Workers Convention].
Ratified 2005 
PDF

Convention on the Rights of the Child20 November 1989, 1577 U.N.T.S. 3 [CRC].
Signed 1990, Ratified 1993  
PDF

International Covenant on Civil and Political Rights16 December 1966, 999 U.N.T.S. 171 [ICCPR]. Signed 1968, Ratified 1989
PDF

International Covenant on Economic, Social and Cultural Rights16 December 1966 (entered into force 3 Jan 1976) 993 U.N.T.S. 3 [ICESCR]. Signed 1968, Ratified 1989
PDF

Universal Declaration of Human RightsUN General Assembly Resolution A/RES/217 A (III), 10 December 1948, Art 14. [UDHR]. PDF

International Humanitarian Law/Law of War 

Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 12 August 1949 (entered into force 21 October 1950) 75 U.N.T.S. 31 [First Geneva Convention].
Ratified 1960
Link to Conv.

Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea12 August 1949 (entered into force 21 October 1950) 75 U.N.T.S. 85 [Second Geneva Convention].
Ratified 1960
Link to Conv.

Geneva Convention relative to the Treatment of Prisoners of War, 12 August 1949 (entered into force 21 October 1950) 75 U.N.T.S. 135 [Third Geneva Convention].
Ratified 1960
Link to Conv.

Geneva Convention relative to the Protection of Civilian Persons in Time of War12 August 1949 (entered into force 21 October 1950) 75 U.N.T.S. 287 [Fourth Geneva Convention]. 
Ratified 1960
Link to Conv.

Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts8 June 1977 (entered into force Dec. 7, 1978.) 1125 U.N.T.S. 3 [Protocol I].
Ratified  1989
Link to Conv.

Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts, 8 June 1977 (entered into force 7 December 1978) 1125 U.N.T.S. 609 [Protocol II].
Ratified 1989
PDF

International Labor Law 

ILO Convention C 111 Discrimination (Employment and Occupation) Convention (1958).
Ratified 1969
Link to Conv. 

ILO Convention C 29 Forced or Compulsory Labour Convention (1932). 
Ratified 1962 
Link to Conv.

ILO Convention C 97 Migration for Employment Convention (Revised) (1949). 
Ratified 1962
Link to Conv.

ILo Convention C 181 Private Employment Agencies Convention (1958).
Ratified 2006
Link to Conv. 

ILO Multilateral Framework on Labour Migration (2005).
Link to Framework

ILO Recommendation  C 151 Migrant Workers Recommendation (1957).
Submitted to Competent Authorities Link to Rec.

 

International Refugee Law

Convention Relating to the Status of Refugees28 July 1951, 189 U.N.T.S. 150. [Refugee Convention]. 
Ratified 1963
PDF

Convention relating to the Status of Stateless Persons, 28 Sept 1954 (entered into force 6 June 1960) 360 U.N.T.S. 117 [Stateless Persons’ Convention]. 
Ratified 1964
PDF

Protocol Relating to the Status of Refugee, 4 October 1967, 606 U.N.T.S. 267. [Refugee Protocol]
Ratified 1967 
PDF

 

 
 
  Regional and Bilateral Agreements:

Regional Agreements

Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, Adopted by the 2nd Ordinary Session of the Assembly of the Union, Maputo (2005). 
Signed 2003
PDF

African Charter on the Rights and Welfare of the Child (1999).
Signed 1999, Ratified 2003
Link to Charter.

Protocol to the African Charter on Human and People's Rights on the Establishment of an African Court on Human and People's Rights (1989).
Signed 1999, Ratified 2003
Link to Charter.

African [Banjul] Charter on Human and Peoples' Rights (1986).
Signed 1986, Ratified 1987
PDF

OAU Convention Governing the Specific Aspects of Refugee Problems in Africa (1969). 
Signed 1969, Ratified 1974
PDF

Protocol for the Treatment of Palestinians in Arab States, League of Arab State (1965).
Link to protocol_Eg

 

Irregular Migration & Readmission Agreements

Algeria and Switzerland Readmission Agreement  (2006). 
The agreement establishes procedures to readmit Algerian Nationals residing irregularly in Switzerland.
PDF_German

Algeria and United Kingdom Readmission Agreement (2006).
The agreement establishes that each party allows its nationals who are irregularly residing in the territory of the other to return to the country of nationality without formalities, except those laid out in the agreement. 
PDF

EU-Algeria Association Agreement (2002). 
Algeria agreed to readmit their nationals who are irregularly present in any EU member state and to neogtiate the conclusion of agreements concerning readmission of third country nationals. 
PDF

Algeria and Germany Readmission Agreement (1997)
German Official JournalList of Readmission Agreements_German



Labor agreements

Memorandum of Understanding between the Government of the People's Democratic Republic of Algeria and the Government of the Islamic Republic of Iran in the field of higher education and scientific research (2015).  
PDF_Fr

Memorandum of Understanding between the Government of the People's Democratic Republic of Algeria and the Government of the Arab Republic of the Arab Republic of Egypt in the field of vocational training (2014).
PDF_Fr

Memorandum of Understanding between the Government of the People's Republic of Algeria and the Government of the Republic of Chile concerning the reimbursement of the retirement contributions of employed persons who practiced in Algeria and Child during the period of 1973-1990 (2010).
PDF_Fr

Agreement on cooperation between the Government of the People's Democratic Republic of Algeria and the Government of the Republic of Tunisia in the field of employment (2007).
PDF_Fr

Protocol of Cooperation between the Government of the People's Democratic Republic of Algeria and the Government of the Hashemite Kingdom of Jordan in the field on manpower (2004). 
PDF_Fr pg. 13-14

Convention between the Government of the people's Democratic Republic of Algeria and the government of the Syrian Arab Republic in the field of merchant marine (2002). 
PDF_Fr pg 5-9

Protocol of Cooperation between the Government of the People's Democratic Republic of Algeria and the Government of the Hashemite Kingdom of Jordan in apprenticeship and vocational training (2001). 
PDF_Fr 7-8

Agreement between the People's Democratic Republic of Algeria and the Islamic Republic of Mauritania regarding co-operation in the field of vocational training (1995).
PDF_Ar. pg. 3

Agreement between the Government of the French Republic and the Government of the People's Democratic Republic of Algeria on traffic, employment and occupation The residence in France of Algerian nationals and their families and its annexed protocol (1994). PDF_Fr

 

Social Security Agreements 

Protocol of Cooperation between the Government of the People's democratic Republic of Algeria and the Government of the Republic of Tunisia in the field of social security (2008). 
PDF-Fr pg. 15-17

Convention on social security between the Government of the People 's Democratic Republic of Algeria and the Government of the Republic of Tunisia (2004).
PDF_Fr Pg. 4

Supplementary Administrative Arrangement No. 5 amending the Administrative Arrangement of 28 October 1981 relating to the Franco-Algerian Convention on Social Security. 

Social Security Agreement between the States of the Arab Maghreb Union (1991) 
PDF_Arabic

 

Other relevant agreement

Convention of partnership between the Government of the French Republic and the Government of the People 's Democratic Republic of Algeria (together an administrative and financial protocol on means of cooperation) (2007).
This agreement
Covers the following areas in particular: higher education, academic cooperation, research, management training, public health, social protection, and fighting irregular migration.
PDF_Fr

Agreement between the People's Democratic Republic of Algeria and the Islamic Republic of Mauritania on the establishment and the movement of persons (1999).
PDF_Ar. pg.6

Agreement between the Government of France and the Government of the People's Republic of Algeria in the forms of an exchange of letters amending the agreement of 1983 on the movement of persons by the exchange of letters (1994).
PDF_Fr

Exchange of letter of 15/21 June 1992 between Switzerland and Algeria supplementing the Agreement of 15 January/28 May of 1991 on the reciprocal dispensation of visas vis a vis certain nationals of the other state (1992).
 
PDF_Fr


  National Legislation:

Algerian Nationals

Article 44 of the 2016 Constitution guarantees the right to exist form Algeria and entry to Algeria
PDF_FrPDF_ArPDF_Eg 

Article 27 of the 2016 Constitution obligates that the government provides protection for every citizen abroad
PDF_FrPDF_ArPDF_Eg 

Law No. 12-01 of 2012, replaced Ordinances No. 97/07 of 1997 (electoral law), grants citizens abroad the right to vote in Algerian elections; grants emigrants the right to vote in president, municipal and parliamentary elections, reserves rights in the National people's Assembly for Algerian citizens abroad, half of which are for women
PDF_FrPDF_Ar

 

Asylum Laws
Article 69 of the 2016 Constitution bans the extradition of political refugees
PDF_FrPDF_ArPDF_Eg 

Decree No. 1963 of 1963 created the Algerian Office for Refugees and Stateless Persons that is the main legal framework governing refugees in Algeria which makes refugee status determinations and recognizes refugees determined by UNHCR
PDF_Fr


Entry and Exit 

Law No. 08-11 of 2008governs the conditions of entry of foreign nationals; waves the fees for Meghbre citizens with the exception of Moroccan and Malian citizens
PDF_Ar

 

Migration and Labor

Law No. 81-10 of 1981 regarding the employment of foreign nationals 
PDF_Ar

Law No. 08-11 of 2008 governs the conditions of entry, stay and circulations
PDF_Fr pg 4-9
PDF_Ar

Executive Decree No. 09-272 of 2009 amending and supplementing Decree No. 86-276 of 1986 establishing the conditions of employment of foreign personnel in state agencies, local governments, institutions, organizations and business public
PDF_AR (ED 09-272 of 2009)
PDF_Ar (ED 86-276 of 1986)

 

 

Nationality Laws

Code of Algerian nationality and amendments of 1970 grants the possibility of passing Algerian nationality of women to their foreign spouse and transmit their nationality to children born of a foreign father
PDF_Ar

 

Rights and Entitlements of Foreign Nationals

Article 67 of the 2016 Constitution guarantees the protection of foreigners and properties of foreigners that are legal in the territory
PDF_FrPDF_ArPDF_Eg 

Law No. 08-11 of 2008 grants a 10 year residence permit to students and migrant labors, and their children; regulates the terms to family reunification; and addresses issues of detention and expulsion of migrants
PDF_Fr pg 4-9
PDF_Ar

Law No. 81-10 of 1981 places conditions of migrants' access to employment 
PDF_Ar

Executive Decree No 09-272 of 2009 stipulates the conditions of migrants' access to employment
PDF_AR

 

Smuggling and Human Trafficking 

Law No. 09-01 of 2009 modifying the Panel Code of 2008 law No. 08-11 governs foreign nationals’ conditions of entry, stay and circulation adding the offense of irregularly exist from Algeria for both Algerian citizens as well as foreign residents. It further criminalized the crimes of migrant smuggling and trafficking in person and sets out limits
PDF_Fr (Law No. 09-01 of 2009)
PDF_Ar (Law No. 09-01 of 2009)
PDF_Ar (Law No. 08-11 of 2008)

Executive Decree No.13-259 of 2013 sets the mission, organization and function of the public labor prison 
PDF_Fr

Inter-ministerial Decree of 1983 on the use of prison labor by the National Office
PDF_Fr pg 1798-1999


  Statistics and Figures:   

This section provides links to regularly updated sites that provide statistics on migrants and refugees in different countries around the world.

Below are links to various databases that provide statistics and figures relevant to the movement of people in and out of Algeria:  

The World Bank 
WB-Algeria

UNFPA Migration Indicator 
UNFPA-Migration

UNHCR Statistics Database 
UNHCR-Stats

Internal Displacement Monitoring Centre 
IDMC-Algeria

European University Institute-CARIM Database
CARIM-South Database

  Bibliography   

This section includes a comprehensive list of sources and links to journal articles, books, webpages, etc. for each country in the database that address migration and refugee topics within the context of education, health, legal, psychosocial, political, among others. Each listed source includes a brief description of the material and a link.

  Migrants:

Link to Researchers

Aissaoui, Rabah. "Algerian Migration to France from the Early Twentieth Century to the Interwar Period." Migration Education (2008). Link to Article

keyword: Algerian migration, France, interwar period

This paper explores the  early stages of migration Algerian Migration to France in the interwar period and the inextricable links migration had with social, economic and political conditions both in France and Algeria. 

Collyer, Michael. "Explaining Change in Established Migration Systems: The movement of Algerians to France and the UK." Sussex Center for Migration Research (2003). Link to Article

Keyword: change in migration, Algeria, France, UK, Emigration 

In light of the recent changes in the geography of emigration to Europe over the last few decades, this paper sheds light on emigration from Algeria to the UK and France and explores the reasons for the diversification of Algeria's emigration, including the socio-economic and political situation of Algeria, the changing nature of the Algerian migrant, and immigration policies in both France and the UK. 

Frenkiel, Stanislas and Nicolas Bancel. "The Migration of Professional Algerian Footballers to the French Championship, 1956-82:  ‘Desire for France' and the Prevailing National Contexts." The International Journal of the History of Sports 25.8 (2008): 1031-1050. Link to Article

Keyword: footballers, migration, Algeria, home, professional football 

Based on a survey with 25 interviews with Algerian ex-champions who played for French clubs between 1956-1982, this paper finds that there was a 'desire for France.' Despite changes to the Front De Liberation Nationale (FLN) sports policies nationalizing Algerian football, the desire to play in France existed among Algerian footballers. This 'desire' was founded on socio-economic advancement and a fascination for life in the ex-homeland.

Geddes, Andrew. "Governing Migration from a Distance: Interactions Between Climate, Migration and Security in the South Mediterranean." European Security 24.3 (2015): 473-490. Link to Article

keyword: climate change, environment, security, South Mediterranean 

The Article asses the link between the environment, and the security and migration nexus by assessing the EU's external governance policies in the “South Mediterranean Partner Countries” (SMPCs): Algeria, Egypt, Iraq, Israel, Jordan, Libya, Morocco, Palestine, Syria, and Tunisia. The author argues that, given the data, migration triggered by climate changes interacts with social, economic and political drivers of migration. He further finds that implications of such movements exposes migrants to further risks and more displacement. 

Margolis, David, Luis Miotti, Elmouhoub Mouhoud, and Joel Oudinet. " 'To Have and Have not': international Migration, Poverty, and inequality in Algeria." Scand. J. of Economics 117.2 (2015): 650-685. Link to Article

Keyword: poverty, development, Algeria, inequality, remittances

This paper examines the development implications of remittances in Kabylia and Tlemcen, Algeria, especially in relation to poverty reduction and inequality. The paper uses a semi-parametric descriptive analysis, complemented with a parametric model to draw its conclusions. The paper finds that migration reduced poverty by 40%, with different effects across the two regions on extreme poverty. Remittances have strong positive impact on very poor families in one region, while poor families in the other region suffer from a "double loss" as their emigrants do not remit money. 

Musette, Mohamed Said. "Aspects of crisis migration in Algeria." Forced Migration review (2014). Link to Article

keyword: Algeria, crisis, secitization, Arab Spring

The article briefly discusses the implications of EU securitization policies following the Arab Spring on Algerian migration policies and, subsequently, the situation of migrants in Algeria who fail to reach their final destination. 

Natter, Katharina. "Fifty Years of Maghreb Emigration: How States Shaped Algerian, Moroccan and Tunisian Emigration." International Migration Institute (2014). Link to Article

Keyword: Maghreb, Emigration, Algeria, Morocco, Tunisia 

This paper traces the emigration pattern of Algerians, Tunisians and Moroccans to Europe since the 1960s, focusing on three distinct phases in which Maghreb converge and diverge. These phases are: post-independence when emigration boomed; mid 1970s-1990s when Algerian emigration leveled off while emigration from Tunisia and morocco remained high; and the 1990s when Moroccan emigration increased exponentially while Tunisian and Algerian emigration grew moderately. The paper focuses on internal and external factors that implicated these emigration patterns. 


  Refugees:

Barikmo, Ingrid, Sigrun Henjum, Lisbeth Dahl, Arne Oshaug, and Liv Elin Torheim. "Environmental Implications of Iodine in Water, Milk and Other Foods in Sahrawi Refugee Camps in Tindouf, Algeria" Journal of Food Composition and Analysis 24.4 (2011): 637-41. (Summary adapted from resource) Link to Article

Keyword: environment, Health, Food, Sahrawi refugee camps, Algeria

A cross-sectional survey among Saharawi refugees in four camps carried out in 2007, revealed enlarged thyroid volume and high urinary iodine concentration in women and school children describing the content of iodine in food and water and exploring if any sources in the environment can explain the situation. 

Garfi, Anna, Simona Tondeili, and Alessandra Bonolli. "Multi-criteria decision analysis for waste management in Saharawi Refugee Camps," Waste Management 29.10 (2009): 2729-39. (Summary adapted from resource) Link to Article

Keyword: waste management, Saharawi refugee camps, Algeria, waste collection, health

This paper compares four different waste management solutions in Saharawi refugee camps in Algeria and tests the feasibility of a decision-making method developed to be applied in particular conditions that considers environmental and social aspects: waste collection by using three tipper trucks, disposal and burning in an open area; waste collection by using seven dumpers and disposal in a landfill; waste collection by using seven dumpers and three tipper trucks and disposal in a landfill; waste collection by using three tipper trucks and disposal in a landfill.The paper finds that the second and third methods provide better waste management approach. 

Mundy, JA. "Performing the Nation, Pre-Figuring the State: The Western Saharan Refugees, Thirty Years Later." Journal of Modern African Studies 42.2 (2007): 275-297. Link to Article

Keyword: nation-state, Western Saharan Refugees, identity, geopolitics

This study argues that radical changes in the Sahrawi refugee camps following the 1991 UN initiation ceasefire with Morocco have reshaped its social, economic and political institutions, however, the camps remain complementary to the project of Western Saharan nationalism, rather than antagonistic to it. In light of the peace process in Western Sahara, these changes, and the way they affect the refugees' perceptions of their own socio-economic situation are hostile to any political compromise that sacrifice the nationalists' goal of independence. The paper begins with providing a brief background to the conflict, followed by a discussion on Western Saharan identities and the geopolitical split in Western Saharan nationalism. Then, it analysis Western Saharan nationalism in a historical lens. The next section elucidates the ideological aspects of the camps' formal institutions, followed by the social and economic changes in the camps since the 1990s. 

 Pezzino, Vincenzo. "Delivering Health Care in Saharawi refugee Camps Near Tindouf (Algeria)." National Inquiry of Bioethics 2.2 (2012): 92-95. Link to Article

Keyword: healthcare, Saharawi refugee camps, Tindouf, Algeria 

A report on delivering heath care services to Sahrawis refugee camp residences, challenges, gaps and needs. 

"Algeria." Forced Migration Online (2011). Link to Webpage

 Keyword: Algeria, Migration, Forced migration, refugees 

                   A brief description of forced migrants and refugees in Algeria. 

  Statelessness:

copied  

Berkeley, Bill. "Stateless People, Violent States." World Policy Journal 26.1 (2009): 3-15. Link to Webpage

Keyword: nationality, laws, mothers, fathers, citizenship

  The journal gives an overview of the history, legal, and current situation of statelessness. As a way of reducing statelessness in Algeria, as well as Morocco

 and Egypt, national laws have been changed so that children can receive citizenship through their mother.

Shiblak, Abbas. "The Lost Tribes of Arabia." Forced Migration Review 32 (2009): 37-38. Link to Webpage

Keyword: Sahrawi, Algeria, overview, numbers, history, Bedouin

  Precise numbers of stateless persons in the Arab region is unknown,  although it is widely recognized that it is one of the highest in the world. This article gives a   broad summary of the stateless communities in the Middle East region: the Palestinians, the Bidoon of Arabia, the Kurds of Syria and the Sahrawi in Algeria. 

UN High Commissioner for Refugees. "Global Action Plan to End Statelessness." UN High Commissioner for Refugees (2014). Link to Article

Keyword: born, gender, protection, documentation 

“To End Statelessness within 10 years, the Global Action Plan to End Statelessness: 2014-2024 establishes a guiding framework of 10 Actions to be undertaken by States with the support of UNHCR and other stakeholders to: resolve existing major situations of statelessness, prevent new cases of statelessness from emerging and better identity and protect stateless populations.”