Algeria

Gender Gap Index[1]

Gender Gap Index 2014
Overall Economic Participation Political Empowerment Educational Attainment
Rank Score Rank Score Rank Score Rank Score
126 0.618 136 0.393 60 0.177 113 0.936
(Rank: out of 142 countries) (Score: 0.00 = inequality, 1.00 = equality)

Legislation[2]

Family Code/ Personal Status Law

  • The Family Code, last amended in 2005, is informed directly by the Islamic law “Fiqh”.  

Marriage

  • Minimum legal age of marriage for both men and women is 19. Exceptions can be made by a judge, if deemed to be in the best interests of the persons concerned. In such cases the Family Code specifies the minimum age of marriage at 15.
  • According to the Family Code, women cannot marry without the presence of their (male) guardians, but a woman cannot be forced to marry against her will; as the latest reform of the family code (2005) authorizes women to choose their guardian.
  • In 2013, MICS 4 survey, estimates (preliminary result) that 3% girls are married between 15-19. This percentage represents the number of girls married between 15-19 of the total population of girls between 15-19.
  • The code no longer states that ‘the duty of the wife is to obey her husband’. Spouses have reciprocal rights and duties towards each other regardless of gender.
  • There is a law criminalizing sexual harassment (Art 341 bis/reform of the Penal code in 2004) and domestic violence ( Reform of the penal Code , March 2015)
  • In 2014, the alimony fund for divorced women with custody of children was established.
  • Parental Authority: Both parents are responsible for the protection and education of children. However, parental authority ( custody) remains with the father.

Divorce

  • Divorce law is still unequal; only men have the right to divorce without justification. Nevertheless, the last family code reform (2005) has expanded the cases in which women are allowed to divorce, such as the large case of " permanent disagreement between spouses" as a legal case of divorce for women.
  • In cases of divorce the judge entrusts the custody to the parent who has legal guardianship.
  •  If a woman remarries, she loses custody of her children; the same is not true if a divorced man remarries.

Resources and Assets

  • In the event of inheritance a woman is entitled to the equivalent of half her brother's (or relevant male relative) share.
  • Women have the right to own and use land and other forms of property. Under the Family Code, when a woman marries, she retains ownership of any property, and can dispose of that property without permission from her husband.
  • The African Women's Rights Observatory notes that in practice to buy or lease land independently, and traditional social values often inhibit women's exercise of economic independence.
  • Under the Constitution, women in Algeria have the right to access financial services, including bank loans, and are free to negotiate business or financial contracts.

Employment

  • Discrimination based on gender in employment is illegal. Men and Women are legally entitled to receive equal pay for equal work.
  • Women are entitled to 14 weeks' paid maternity leave at 100% of the woman's salary; financed by the state social security system. Women Rights Institutional Mechanism and civil society organizations is elaborating  the Woman worker Charter to enhance employed women’s social rights.
  • The Social Security System allows unemployed women to benefit from a social coverage as a spouse, daughter or sister. This system recognizes the same rights to employees regardless of their sex, as a direct right holder as a spouse (wife or husband).

Political Participation

Women's Political Participation Year Total Source
Number of women in parliament (single/lower house) 2012 146/462 (lower house)10/144 (upper house)

National Popular Assembly’s website 
http://www.apn.dz/fr/les-membres/les-membres-de-l-apn-7-eme-legislature#

IPU database
 http://www.ipu.org/parline-e/parlinesearch.asp 
% of women in parliament 2012
32% World Economic Forum, The Global Gender Gap Report 2014
Legislated quotas for women for single/ lower house (yes/no) 2012 YES

The Official Journal of the People’s Democratic Republic of Algeria    N°01 of the 14th of January  2012

http://www.joradp.dz/FTP/JO-FRANCAIS/2012/F2012001.pdf

The Quota Project databa
http://www.quotaproject.org/en/index.cfm




Number of women in ministerial positions 2014 7 of a total of 34 

The Official Journal of the People’s Democratic Republic of Algeria    N°26 of the 7th of May 2014

http://www.joradp.dz/FTP/JO-FRANCAIS/2014/F2014026.pdf 

The Prime Minister’s website

http://www.premier-ministre.gov.dz/index.php?option=com_content&task=view&id=320&Itemid=177

World Economic Forum, The Global Gender Gap Report 2014

% of women in ministerial positions 2014 20%

Constitution[3]

  • Under the Algerian Constitution (amended in 2008), women enjoy the same civil and political rights as men and have the status of full citizens (articles 29 and 31).
  • Under the article 132 of the Algerian Constitution, International Conventions and Treaties ratified by the State of Algeria, are above the national law.

Quota[4]

  • Following changes to the law made in 2012, Article 2 of the Law for the Representation of Women, there are now quotas in place to promote women's political participation.
  • The Electoral Law (Law No.12-03) requires variable quotas of between 20% and 50% of the candidates for parliament to be women, depending on the number of seats in each electoral district. The Electoral Law imposes the same quotas in elections at sub-national level.
  • The law prescribes the following quotas: 20% for the constituencies with 4 seats; 30% for those with 5 or more seats; 35% for those with 14 or more seats; 40% for those with 32 or more seats; and 50% for the constituencies abroad. According to the law, any list of candidates that does not comprise the minimum quotas of women in accordance with Article 2 is rejected (Article 5)
  • In addition, political parties can be awarded specific state funding according to the number of their women candidates elected at the national and sub-national levels (Article 7).

Representation[5]

  • The Al-Majilis Al-Chaabi Al-Watani/ National People’s Assembly (Lower House), currently has 146/462 women (31.6%), as of 2012 elections (directly elected)
  • The Majilis al-Oumma/ Council of the Nation( Upper House), as of 2012 elections, has 10/144 (6.94%) female representatives (96 indirectly elected and 48 appointed)

Media[6]

  • Women make up the majority of all journalists across all media: -61%  of journalists are women, including 4 directors of national media outlets (written and audiovisual). 

CEDAW and reservations[7]

  • Algeria Ratified CEDAW in 1996, with reservations to the following articles (2, 9:2, 15:4, 19, and 29):
  • Article 2: The Government of the People's Democratic Republic of Algeria declares that it is prepared to apply the provisions of this article on condition that they do not conflict with the provisions of the Algerian Family Code.
  • Article 9, paragraph 2: The Government of the People's Democratic Republic of Algeria wishes to express its reservations concerning the provisions of article 9, paragraph 2, which are incompatible with the provisions of the Algerian Nationality code and the Algerian Family Code. This reservation can be raised as the latest reform of the Algerian Nationality code ( 2005) allows a child to take the nationality of the mother
  • Article 15, paragraph 4: The Government of the People's Democratic Republic of Algeria declares that the provisions of article 15, paragraph 4, concerning the right of women to choose their residence and domicile should not be interpreted in such a manner as to contradict the provisions of chapter 4 (art. 37) of the Algerian Family Code.
  • Article 16: The Government of the People's Democratic Republic of Algeria declares that the provisions of article 16 concerning equal rights for men and women in all matters relating to marriage, both during marriage and at its dissolution, should not contradict the provisions of the Algerian Family Code.
  • Article 29: The Government of the People's Democratic Republic of Algeria does not consider itself bound by article 29, paragraph 1, which states that any dispute between two or more Parties concerning the interpretation or application of the Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration or to the International Court of Justice
  • It has not ratified the Optional Protocol on Violence Against Women
  • As of 2010, Algeria has signed but not ratified the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa

Economic empowerment

Women's Economic Participation

Year

Total

Source

Labour Force Participation

Ratio of female to male labour force participation

2014

0.21

World Economic Forum, The Global Gender Gap Report 2014

Labour force participation, female (% of total labour force)

2013

2014

16%

18.6%

World Bank Gender Statistics Data Bank

National Office of Statistics (ONS), 2014

Labour force participation rate (%), female 15-64 (modelled ILO estimate)

2012

16%

Labour force participation rate (%), male 15-64 (modelled ILO estimate)

2012

75.8%

Youth Employment

Employment to population ratio, 15-24, female (%)

2011
2014

5,7%
5.5%

World Bank Gender Statistics Data Bank

National Office of Statistics (ONS), 2014

Employment to population ratio, 15-24, male (%)

2011
2014

33,7
32.8%

National Office of Statistics (ONS), 2014

Employment to population ratio, 15-24, total (%)

2011
2014

20%
19.3%

Unemployment

Unemployment, female
(% of female labour force)


2014

17,2%
14.2%

World Economic Forum, The Global Gender Gap Report 2014

National Office of Statistics (ONS), 2014

Unemployment, male
(% of male labour force)

2014

8,4%
8.8%

Unemployment, total
(% of total labour force)

2011
2014 

10%

9,8%

National Office of Statistics (ONS), 2014

MSMEs

Firms with female participation in ownership
(% of firms)


2014
2012

15%
10,2%

World Economic Forum, The Global Gender Gap Report 2014

Resencement Economique 2012,

National Office of Statistics (ONS)

Boards and Upper Management

Firms with female top managers (% of firms)

2014

/

World Economic Forum, The Global Gender Gap Report 2014

Sectors of Work

Agriculture
(% of female employment)

2014

3,8 % 

National Office of Statistics (ONS), 2014

Agriculture
(% of male employment)

2014

10,8% 

Women employed in non-agricultural sector
(% of total non-agricultural employment)

2014

27.8%

National Office of Statistics (ONS), 2014

Industry
(% of female employment)

2014

18.8%










National Office of Statistics (ONS), 2014

Industry
(% of male employment)

2014

1.,2%

Services
(% of female employment)

2014

75.8%

Services
(% of male employment)

2014

58.1%


Vulnerable
  employment
(% of female employment)


2011
2014

24.2%
23,9%

Vulnerable employment
(% of male employment)

2011
2014

30.6%
7% 

Self-employed
(% of female employment)

2011
2014

25.6%
24% 

Self-employed (% of male employment)

2011
2014

34.4%
31 % 

Employers, female (% of employment)

2011

1.5%

Employers, male (% of employment)

2011

3.8%


[1] World Economic Forum, The Global Gender Gap Report 2014: http://www.weforum.org/reports/global-gender-gap-report-2014

For economic data

National Office of Statistics of Algeria (ONS)
http://www.ons.dz/

http://www.ons.dz/-Emploi-et-chomage-.html

http://www.ons.dz/-recensement-economique-2011-.html

For women political participation and leadership

National Popular Assembly’s website : http://www.apn.dz/fr/les-membres/les-membres-de-l-apn-7-eme-legislature#

The Prime Minister’s website : http://www.premier-ministre.gov.dz/index.php?option=com_content&task=view&id=320&Itemid=177
[2] All information on legislation has been sourced from the OECD Social Institutions and Gender Index, 2014:http://genderindex.org/countries. Unless stated otherwise.
[3]http://genderindex.org/countries
[4] http://www.quotaproject.org/en/index.cfm
[5] http://www.ipu.org/parline-e/parlinesearch.asp
[6] http://genderindex.org/countries
[7] https://cedaw.wordpress.com/2007/04/10/algeria-declarations-reservations-and-objections-to-ced[8] All information on economic empowerment has been sourced from the World Bank Gender Statistics Data Bank: http://data.worldbank.org/data-catalog/gender-statistics. Unless stated otherwise.