Exécutif Décret n° 16 - 334

Dated on 19 Rabi’ al-Awwal 1438 corresponding to December 19, 2016, setting the conditions and modalities for the organization and functioning of the National Commission for the Protection and Promotion of Childhood

The Prime Minister,

The Prime Minister,

- Pursuant to the Constitution, in particular Articles 4-99 and 143 (paragraph 2) thereof,
- Pursuant to Ordinance No. 66-156 of Safar 18, 1386 corresponding to June 8, 1966, which includes the Penal Code, as amended and supplemented,
- Pursuant to Law No. 84-17 of Shawwal 8, 1404, corresponding to July 7, 1984, related to the Finance Laws, as amended and supplemented,

- In accordance with Law No. 90-21 of Muharram 24, 1411 corresponding to August 15, 1990, relating to public accounting, as amended and supplemented,
- Pursuant to Presidential Decree No. 15-125 of Rajab 25 1436 corresponding to May 14, 2015 containing the appointment of members of the government, as amended,

- Pursuant to Executive Decree No. 90-226 of Muharram 3, 1411 corresponding to July 25, 1990, which defines the rights and duties of workers who exercise high positions in the state, as amended and supplemented,
- Pursuant to Executive Decree No. 90-228 of Muharram 3, 1411, corresponding to July 25, 1990, which specifies the method of granting salaries that apply to workers who exercise high positions in the state, as amended and supplemented, as follows:

Chapter I

General Provisions
Article One: In implementation of the provisions of Article 11 of Law No. 15-12 of Ramadan 28, 1436 corresponding to July 15, 2015 related to child protection, this decree aims to define the conditions and modalities for the organization and functioning of the National Commission for the Protection and Promotion of Childhood, which is called in the text “the Commission".

Article 2: The authority enjoys legal personality and financial independence.
The commission shall be placed with the Prime Minister.
The headquarters of the Authority shall be determined in the city of Algiers.
Article 3: The authority, within the framework of the tasks stipulated in Law No. 15-12 of Ramadan 28, 1436 corresponding to July 15, 2015 and mentioned above, in particular, undertakes the protection of the child by examining every situation that violates the rights of the child whose health, morals or His upbringing or security is in danger or exposed to him, or his living conditions or his behavior are likely to expose him to potential danger or harm his future, or he is in an environment that exposes or informs about his physical, psychological or educational safety.

It also undertakes the promotion of children's rights in coordination with various public administrations and bodies, as well as all persons entrusted with the care of children and the various intervening in this field.

Article 4: The Commission works, within the framework of its powers, to promote cooperation in the field of children's rights, with the United Nations and specialized regional institutions and with national institutions for the rights of the child in other countries, as well as with international non-governmental organizations. The commission also works to establish cooperative relations with national associations and bodies active in various fields of children's rights and related fields.
Article 5: The Authority may seek the assistance of any other person or body who, by virtue of their competence and experience, can assist it in its tasks.
Article 6: The Commission cannot undertake cases submitted to the judiciary.

Chapter II

Organization of the body

Article 7: The Commission includes, under the authority of the National Commissioner for Child Protection, the following structures:
- general secretariat,
- Directorate for the Protection of the Rights of the Child,
Directorate for the Promotion of Child Rights,
Permanent Coordination Committee.

Article 8: The National Commissioner for Child Protection is appointed, by presidential decree, from among the national figures with experience and known for the interest they give to childhood. The position of the National Commissioner for Child Protection, the position of 

The highest state of the state, whose classification and the fees associated with it are determined by a special provision. The National Commissioner assists the director of (2) studies.

Article 9: The National Commissioner for Child Protection is responsible for managing, revitalizing, and coordinating its activities. In this capacity, he undertakes, in particular, the following:
- Preparing the commission’s work program and ensuring its implementation,
- managing, coordinating and evaluating the work of the various bodies of the authority,
Expressing an opinion on the applicable national legislation relating to the rights of the child,
- Take any measure that would protect the child in danger, in coordination with the interests of the open medium,
- Exploiting the reports submitted to him by the interests of the open center,
- Coordination of the work related to the preparation of the draft annual report and the results of the activities of the Authority,
- Representing the Authority before national authorities and international bodies,
- the administrative and financial management of the authority, - Representing the authority before the judiciary and in all acts of civil life,
- Recruiting and appointing employees of the Authority in accordance with the legislation and regulation in force,
- the exercise of peaceful authority over all users,
- Preparing the internal system of the authority,
- to delegate his signature to his assistants,
Preparing an annual report on the status of children's rights and the extent of implementation of the Convention on the Rights of the Child, to be submitted to the President of the Republic.

Article 10: The General Secretariat is run by a Secretary General, who is specifically charged with the following:
- Ensure the administrative and financial management of the authority,
- Assisting the National Commissioner in implementing the Commission's work program,
- Coordination of the work of the body's structures,
- Preparing budget estimates and managing the financial appropriations allocated to the Authority,

- Follow up the financial and accounting operations of the Authority. The Secretary General is assisted by the Deputy Director of Finance, Administration and Means. The Sub-Directorate of Finance, Administration and Means includes two offices (2).

Article 11: The Directorate of Child Rights Protection is specifically tasked with the following:
- Developing national and local programs to protect the rights of the child, in coordination with the various departments, institutions, public bodies and persons entrusted with child care, and their periodic evaluation,
Implementation of the measures included in the national child protection policy,

- Follow up on the direct actions in the field in the field of child protection and coordination between the various stakeholders,
- Establishing practical mechanisms for notification of children in danger,
- Ensuring the training of staff and employees in the field of child protection,
- Develop appropriate child protection policies by encouraging research and education in the field of children's rights,
Encouraging the participation of civil society organizations in the protection of children's rights.

Article 12: The Directorate for the Promotion of Child Rights is entrusted, in particular, with the following:

- Develop national and local programs to promote children’s rights in coordination with various departments, institutions, public bodies and persons entrusted with child care and their periodic evaluation,
Implementation of the work program of the commission’s structures in the field of promoting children’s rights,
Carrying out all awareness-raising and informational work in the field of protecting and promoting children’s rights,
- Preparing and activating awareness-raising activities in the field of promoting children’s rights in coordination with civil society,
- Managing the national information system on the situation of children in Algeria,
- Encouraging the participation of civil society organizations in the promotion of children's rights,

- Reviving children's events and feasts.

Article 13: Each directorate includes a head of (2) studies. Each Head of Studies assists a Head (1) project.

Article 14: The positions of the Secretary-General, Director of Studies, Director and Head of Studies and Deputy Director of senior jobs in the state, their classification and the associated wages are determined by a special provision. Appointments to the above-mentioned senior positions shall be made by presidential decree on the proposal of the National Commissioner.

Article 15: The Permanent Coordination Committee studies issues related to children’s rights presented to it by the National Commissioner for Child Protection, in cooperation and consultation between the Commission and the various sectors and public and private bodies that provide it with information related to childhood, in accordance with the provisions specified in the Commission’s internal system.

Article 16: The Permanent Coordination Committee, chaired by the National Commissioner or his representative, includes representatives of the ministries in charge of foreign and interior affairs, local authorities, justice, finance, religious affairs, civic education, higher education, vocational training and education, labor, employment, social security, culture, national solidarity, family, women’s issues, health, youth, sports, communication and the General Directorate of Security The national gendarmerie leadership and representatives of civil society. The members of the Permanent Coordination Committee shall be appointed for a term of four (4) years Renewable by decision of the National Commissioner, on the proposal of the authorities and organizations to which they belong. Representatives of the ministries shall be appointed, at least, from among the employees holding the post of deputy director in the central administration. The Commission may, in order to assist the Permanent Coordination Committee in its work, seek the assistance of representatives of any public administration or public or private institution, civil society and any qualified person who may assist the Permanent Coordination Committee in the exercise of its functions.

Article 17: The Permanent Coordination Committee meets at least once a month. The National Commissioner sets the agenda and dates of meetings of the Permanent Coordination Committee and summons its members. The organization, functioning and tasks of the Permanent Coordination Committee shall be specified in the Commission's bylaws.
Article 18: The Authority may, to perform its tasks, form thematic committees tasked with the following in particular:
- Education,
- the health,
Legal affairs and children's rights,
Relationship with civil society. The modalities for organizing the thematic committees, their functioning and their tasks shall be specified in the Authority's bylaws.

Chapter III

the functioning of the body
Article 19: The National Commissioner for Child Protection shall be notified, by any means, by:

- the child or his legal representative,
Any natural or legal person. The National Commissioner can also intervene automatically to assist children in danger, or in cases where the best interest of the child is compromised. Provides the authority with a free green number to receive reports of violations 

Child Rights. Information regarding the identity of the person who made the notification shall remain confidential and may only be disclosed with his consent, under pain of penalties provided for in the applicable legislation.

Article 20: The commission undertakes investigations into reports of violations of children's rights, through the interests of the open community, which must take appropriate measures to keep the child away from danger.

Article 21: The National Commissioner for Child Protection shall visit any body or institution charged with protecting and receiving children. The National Commissioner may submit to the bodies and institutions stipulated in the first paragraph above, all proposals to improve their functioning or organization. These bodies and institutions shall provide all necessary assistance to the National Commissioner, under pain of penalties provided for in the applicable legislation. The National Commissioner may request any document or information from any public administration or institution related to reports relating to any child likely to be a source of danger to the child.

Article 22: The Commission issues recommendations and opinions on the general and specific situation of the child, and on the reports that have come to its knowledge, in accordance with the modalities stipulated in its internal system.
Article 23: The commission shall transfer the notifications it has come to or inspected and which may have a penal description, to the Minister of Justice, the keeper of the seals, for possible follow-ups. In case of danger, the juvenile judge shall be notified of the situation that threatens the child and requires him to be removed from his family.
Article 24: The authority sets up a national information system on the situation of the child in Algeria in all fields, especially educational, health and social ones, in coordination with the concerned departments and bodies that provide the authority with relevant information periodically or upon its request.

Article 25: The Commission prepares and approves its bylaw, and it is published in the Official Gazette. Chapter Four Financial Provisions

Article 26: The Commission has its own budget prepared by the National Commissioner for Child Protection, who is the orderer to spend it and can delegate its signature to the Secretary-General.

Article 27: The Authority's budget is recorded in the state's general budget in accordance with the applicable legislation and regulation.

Article 28: The Authority’s budget includes: In the revenue section:
- state budget allocations,
- possible subsidies from local communities,
Gifts and bequests in accordance with the legislation in force,
- All other revenues related to its activity. In the expenses section:
- running expenses,

- Processing expenses.

Article 29: The organization's accounting shall be maintained in accordance with the general accounting rules. The accounting shall be handled by an accountant appointed or approved by the Minister in charge of Finance.
Article 30: The financial control of the Authority shall be guaranteed by a financial controller appointed by the Minister in charge of Finance.
Article 31: This decree shall be published in the Official Gazette of the People's Democratic Republic of Algeria. Released in Algeria on 19 Rabi’ al-Awwal 1438 corresponding to December 19, 2016.