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ELEMENTS OF CONTEXT
The history of Algeria was marked, in 1678, by the waves of attacks from England and French armies. After repelling these waves, the French managed to land on the coast of Sidi Fredj, June 14, 1830. On 5 July 1830, the Algerian army surrenders and submits to the French authorities. After many revolts revolt oasis Zaatcha and Zibane (1845-1850), the revolts of Ouled Sidi Sheikh (1864-1884), the Tuareg rebellion (1877-1912), … and a certain pressure from the international community (“September 20, 1957: The Algerian question is included in the agenda of the UN”), Algeria obtained by referendum (99.7% in favor of independence ) independence on 5 July 1962.
She is a member of the United Nations (UN) and the African Union (AU). It is also part of the Organization of Petroleum Exporting Countries (OPEC). “Algeria produced an average of 1.33 million barrels per day (mb / d) of crude oil in 2009.” This statement makes a big oil exporter.
The country’s constitution is very steeped in religious concepts, in this case Islam. The Algerian Constitution defines “Islam, the Arab and Amazigh” as “building blocks” of the identity of the Algerian people and the country as “the land of Islam, part of the Greater Maghreb, Arab, Mediterranean and African. ”
The Democratic Republic of Algeria (APER) is the largest country in Africa (2,381,741 sq km). The State of North Africa is the largest country in the Arab world and the Mediterranean world. Border countries of Algeria are : Tunisia, Lybia, Niger, Mali, Mauritania, Western Sahara and Morocco.
Algeria has experienced multiple agrarian reform since 1963. In 1963, the National Office of Agrarian Reform is created. The system offers up to develop an agricultural area known self or “socialist”. But this is done in a dirigiste state context. In 1971, when we talk about agrarian revolution. The land is declared to belong to those who work with the creation of cooperatives and farmers’ groups. The 1981 reform attempts to rehabilitate and restructure farms. The fourth Agrarian Reform (1987) wants to redefine and strengthen the rights and obligations of the collective of producers. In conclusion, the authors of the article believe that the succession of failures of land reform is transforming the issue of the struggle for land ownership in real agrarian substantive issue in Algeria.
Source G. Choquer “Data on land reforms in Algeria from 1963 to 1987”, FIEF , 2012
HISTORY OF CITIES – HERITAGE
RIGHT TO HOUSING
the question of the right to housing is central to many popular events. In 2011, it has been calculated that 80% of uprisings were linked to the right to housing. (Source: the Algerian League for the Defense of Human Rights).
The issue of the right to housing is at the heart of many popular demonstrations. In 2011, it was calculated that 80% of the riots were related to the right to housing. (Source: Algerian League for the Defense of Human Rights).
The new Algerian Constitution (2016) does not enshrine the right to housing as it stands. However, there are:
- Art.67 (new article): “The State shall encourage the construction of housing. The State shall endeavour to facilitate access to housing for disadvantaged groups”.
- Art. 22: “Expropriation may only take place within the framework of the Law. It shall result in fair and equitable compensation”.
- Art. 18: “Public property is property of the national community (…)”.
The emphasis is thus placed on access to housing for a specific category of Algerian citizens, the “disadvantaged”.
Dégourbisation (from the Arabic ‘GOURBI’): it is in this purely technical Algerian euphemism which literally means “eradication of slums and unplanned” that the government is from the 70s to the bulldozing belt slums surrounding Algiers. At first, it was accompanied dégourbisation, that is to say that the government referred people to their native village with material resources and land in order to achieve self-construction. Today, the term refers merely to the phenomenon of evictions.
Evictions are often carried out on the basis of court decisions resulting initiated by individuals against tenants procedures. The issue of deportation is closely linked to the legal security of tenure for tenants and their ability to pay, a phenomenon that seems to be growing, especially since the adoption of the new Code of Civil Procedure in 2008.
These expulsions, despite the laws in force, may take place during the winter break (15 November to 15 March) and can be directed against people over 60 years (normally protected by the Algerian Act – Executive Decree of 13 May 2007)
Source : Raquel Rolnik , Report mission to Algeria, UN 2011
Between independence and until 1989, the Algerian land story is set in the logic of state ownership, post-colonial and socialist, and land policy has been more influenced by politics (planned economy and reform land ) under the pressure of the market economy . Since the country’s independence until 1989, the legal status of the land was governed by a set of texts that correspond to the institutional framework and policies implemented in this context.
Things have changed with the law of homeownership in 1983, the constitution of 1989, the Land Act 1990 and the orientation of agricultural law in 2008.
In urban areas, home sales to citizens by public enterprises are not recorded in a notarial deed. The same is true of buildings constructed without building permits or compliance or incomplete, even when laws exist, but too often they are not applied. Urban buildings are subject to the cadastre.
In rural areas, it is compulsory joint individual land book to the public land register, land register and the general cadastre, which largely blocks the development of the land system. The demand for land titles is subject to completion of cadastral operations in order to achieve a real file (or land book). But the agency responsible for the cadastre has a huge delay ! Land should be returned to their former owners … an Act (2007) should allow homeowners to obtain title … But everything is done in most slow !
The 07-02 February 2007 Act allows owners “paperless” to get a deed (a CP). This should solve some problems dating back to the colonial era.
Law 10-03 of August 2010 establishes the conditions and procedures for the use of private land in the state. Land may be granted to a farmer for a period of 40 years.
Source : G. Chouquer, “Fiche sur la législation foncière actuelle en Algérie”, 2012
SOME INTERESTING PRACTICES
Social and economic aspects
Unoccupied : according to the 2011 UN report, one million homes are unoccupied. Housing would be awarded to people who have not an urgent need, while families live in crowded garages or small apartments.
Rents : current rents are prohibitive and experiencing a real surge in prices, according to the report. They have increased fivefold between 2005 and 2010 as a result of corruption and speculation, despite the Government would launch in the building during this period.
Black market : according to UN report in 2011, there is a large black market of illegal social rental and cooperative housing. The residential units are presumed to have been granted, bypassing the existing procedures to ineligible persons, and subsequently sub-leased or sold at a high price, in violation of the Act.
Source : Ratiba Bouadma, Article Habitat International Coalition, Housing and Land Rights Network, 2012.
QUALITY OF HOUSING
INFORMAL HOUSING / SLUM / HOMELESS
Homeless & injustices against women : while in Algeria the phenomenon of homelessness seems to be quite marginal, women (sometimes with their children) are the highest percentage of the population: it may be divorced women, women who have been divorced by their husbands, women or girls considered to have dishonored the family and women victims of other forms of violence. In summary, women have become more vulnerable in the situation of the homeless. The Special Rapporteur notes the insecurity experienced by those women who live alone. In particular, it notes with concern the phenomenon of “punitive” operations against women who live alone under the guise of morality in society.
Source : Raquel Rolnik , Report mission to Algeria, UN 2011
ROLE OF PUBLIC AUTHORITIES
Cultural aspects – Religious – Symbolic
Bibliography & Sitography
Report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context, Raquel Rolnik, Mission to Algeria, july 2011. Download the report.
G. Chouquer, “Fiche sur la législation foncière actuelle en Algérie”, 2012
MAJOR PROBLEMS BY CIVIL SOCIETY
CLAIMS MAJOR CIVIL SOCIETY
CIVIL SOCIETY ACTORS
ALGERIAN LEAGUE FOR THE PROTECTION OF HUMAN RIGHTS – LADDH = National Association nonprofit founded in 1985. It aims to denounce the gross violations of human rights with a view to call for peace. Among its missions, there is the defense of individual and collective freedoms – denouncing violations of human rights – work for an independent judiciary – assistance to people who have been threatened with power law violations including torture. Contacts: Facebook – Website LADDH.
ASSOCIATION DROIT AU LOGEMENT EN ALGERIE = Facebook
EL AYAM-2 = Niarung Blog