Algerian nationality law

The Algerian nationality law was first enacted in March 1963 after Algeria had achieved independence from France in July 1962.

Algerian Citizenship Act
Parliament of Algeria
Enacted byGovernment of Algeria
Status: Current legislation

Algerian citizenship acquisition is based primarily on the legal principle of jus sanguinis. Citizenship may also be granted by naturalisation.

Religious restrictions

The law granted citizenship only to Muslims, requiring that only those individuals whose father and paternal grandfather had Muslim personal status could become citizens of the new state.[1] Before independence, Muslims had been considered indigenous under a special set of laws known as Code de l'indigénat and were not eligible to French citizenship and in practice had an inferior legal status, but Christian and Jewish inhabitants of Algeria during the French colonial period could acquire French citizenship.

A nationality law of 1970 removed references to religious status,[2] but granted citizenship to children based on the existing nationality of the parents, resulting in the Muslim status of the parents under the 1963 nationality law being carried to their offspring under the 1970 law.

Additional subjective information

However, the new law granted citizenship to children based on the existing nationality of the parents, resulting in the previous Muslim status of the parents being applicable to their offspring. The 1970 Nationality Code did not permit women to pass nationality to their children unless the father was unknown or stateless. Only men had right to confer nationality to foreign spouses.

Algeria became a party to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1996, subject to a reservation to CEDAW Article 9(2). Following advocacy by women's rights organizations demanding equal nationality rights for women, a new Nationality Code was enacted on 27 February 2005.[3] Nationality by descent is now granted to a child whose father or mother is an Algerian national. The 2005 reforms grant women and men equal rights to pass nationality to their children and spouses. The revised Code is retroactive. As a result, individuals born to Algerian mothers and foreign fathers before the reform are also considered nationals. Algeria subsequently lifted its reservation to CEDAW Article 9(2) in 2009.

Acquisition of citizenship

  • Birth

Algerian nationality law is based on the principle of descent and has a limited jus soli rule which confers nationality upon children whose parents are unknown born within their country.

  • Naturalisation

Nationality by naturalisation is possible but the criteria are very vague and subject to ministerial discretion (Articles 10, 11 and 26).

  • Marriage

The right to citizenship through marriage is on the basis of a 2-year residency period and the marriage subsisting for at least three years.[4]

Dual citizenship

Algeria allows dual citizenship.

Forfeiture of the Algerian nationality

Anyone who has acquired Algerian nationality can be deprived of it:

  • If he is sentenced for an act qualified as a crime or offense constituting an attack on the fundamental interests of Algeria ;
  • If he is sentenced, in Algeria or abroad for an act qualified as a crime, to a term of more than five (5) years' imprisonment;
  • If it has performed for the benefit of a foreign party in acts incompatible with the status of Algerian and prejudicial to the interests of the State.

The forfeiture is only incurred if the facts alleged against the person concerned occurred during a period of ten (10) years, from the date of acquisition of the Algerian nationality.

References

Further reading

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