Un choix “légitime ” – Le Jeune Indépendant

The lifting of the Reserve of Algeria on article 15, paragraph 4, of the International Convention for the Elimination of all forms of discrimination against women (Cedaw) is a fully sovereign approach, in accordance with the Constitution and consistent with the principles of Islam, while strengthening the credibility of Algeria on the international scene. This was said, this Monday, the National Democratic Rally (RND) rally in a statement.

The RND expressed its support for presidential decree n ° 25-218 of August 4, 2025, which acts the lifting of the Reserve of Algeria on article 15, paragraph 4, which recognizes the man and women the same rights in matters of choice of residence and home. As well as the right to free movement.

The party said that the President of the Republic has, according to article 91 of the Constitution, the prerogatives necessary to act in matters of foreign policy, including by decree or order between parliamentary sessions. He stressed that this measure is part of article 34 of the fundamental law, which consecrates the equality of all citizens before the law, as well as article 31, which commits the State to guarantee the equality of rights and duties between men and women. The RND assured that “the lifting of the reserve is fully in line with the Constitution and falls under the normal exercise of national sovereignty”.

Wishing to raise any ambiguity, the RND said that the presidential decision does not call into question the specificity of the Algerian family, protected by the family code and by social traditions. The party recalls that Sharia law has long recognized the woman with the right to housing, property, mobility and management of her property. Far from weakening these principles, the lifting of the reserve rather opens the way to a legislative adaptation which combines fidelity with Islamic values ​​and compliance with international standards.

A decision in accordance with the Islamic reference

The party also wanted to highlight the constant commitment of women in the construction of the nation. Heirs of the Mujahidate which marked the liberation struggle, the Algerians today represent more than 60 % of the university enrollment and 40 % of the body of the magistracy, according to official statistics. Their freedom of movement and residence is already a reality lived on a daily basis, both in the field of studies and in work or care abroad. “The presidential decree only enshrines this reality on the legal level” supports the Democratic Party.

At the diplomatic level, he recalled that article 28 of CEDAW prohibits the reservations contrary to the very object of the Convention. The lifting of the reserve therefore testifies to the respect by Algeria of its international commitments and consolidates its image of responsible and respectful country of international law.

The party also stressed that many Muslim countries have also joined Cedaw with partial reserves, which they have gradually adapted without calling into question their religious and cultural foundations. Algeria is de facto in this same dynamic of reasoned and balanced opening.

Political training argued that “Algeria acts neither under stress nor under external influence. She chooses, by her own will, the decisions which serve her sovereignty and her superior interests ”. He added that “there is no contradiction between the protection of national and religious identity and respect for international standards. On the contrary, it is a fruitful balance ”.

Strengthening international credibility

It should be recalled that the recent lifting by Algeria of its reserve on article 15, paragraph 4, of the Convention on the elimination of all forms of discrimination against women (Cedaw) aroused a keen debate and ignited social networks, and even on the political scene.

For some, it would be an additional step in strengthening women’s rights, while others see it as a concession to international standards deemed far from national traditions. Sources close to the file, contacted by the APS, have held that the decision actually takes on a purely technical character. It responded to the disappearance of the reason which had justified, in 1996, the issue of a reserve by Algeria during the ratification of the Convention. At the time, five provisions had been deemed incompatible with national legislation, in particular the family code and the nationality code.

The gradual lifting of certain reservations has accompanied the evolution of Algerian legislation. The reserve made in 1996 concerning article 15, paragraph 4 was based on article 37 of the old family code, which was repealed in 2005. Since then, no provision of national law imposed restrictions on women in this area, making the reserve without object.

Thus, contrary to the interpretations relayed in recent days, this decision in no way modifies the national legal arsenal. The approach in matters of international conventions remains unchanged, national law is suitable in the first place and the lifting of reserves only intervenes once the compatibility has been assured.

The same source close to the file wanted to make known that the maintenance of this reserve served as an argument for the parties hostile to Algeria, which operated it to accuse the country of maintaining discrimination between men and women concerning freedom of movement and residence. However, legislation today has no specific restrictions targeting women in this area.