Is there evidence of unauthorised private enterprise by military or other defence ministry employees? If so, what is the government’s reaction to such enterprise?
Algeria score: 50/100
The government does not outlaw private enterprise under the umbrella of the state’s defence and security operations.
The government either does not explicitly outlaw private enterprises, or its sanctions are weak.
The government strictly outlaws any unauthorised private enterprise, with appropriate sanctions in place to deal with offenders.
The Algerian government explicitly outlaws private enterprises by military personnel who are actively serving in the armed forces. It is unclear what kind of sanctions are in place. According to Art. 34 of the Statute of Military Personnel of 2006 a member on duty shall devote all his professional activity to the performance of the tasks assigned to him and shall be prohibited from engaging in any private gainful activity (1). No possible sanctions with regards to this issue could be found in the Statute of Military Personnel or the Code of Military Justice (2).
1) Order No. 06-02 (February 28, 2006), “General statute of military personnel”, Titel II “General Provision”, Chapter II “Rights, obligations and responsibilities”, Art. 27 and 34. Accessed November 7, 2018. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/73487/75113/F240300709/DZA-73487.pdf.
2) Code de Justice Militaire, (2007). Accessed October 19. 2018. https://www.joradp.dz/TRV/FJustM.pdf.
Algeria score: 25/100
The government openly operates unauthorised private enterprises.
Defence employees are engaged in unauthorised private enterprise to the extent that some industries are majority captured.
Unauthorised private enterprise is a common occurrence across individuals or institutions, but private enterprise is still mostly uncaptured.
Unauthorised private enterprise is a problem with a few select individuals or institutions.
Unauthorised private enterprise does not occur.
Information has been found that suggests defence employees are engaged in private enterprises. One report alleges that top army officers are running up to 30 private companies each, which might be owned by themselves or members of their families (1). A recent report from the ICG noted that Algerian’s rentier economy has produced a “private sector in which state contracts are awarded based on personal connections, rather than merit or efficiency” (2). Another article has claimed that sons of the elite run lucrative businesses; i.e., the son of the head of the DSS (3). Researcher Mohammed Hachemaoui noted that there have been connections between companies and the DRS (4). No information was found on whether these companies have been authorized.
1) Edward Yeranian. “Top Algerian Military Commanders Being Purged Ahead of Presidential Election, voanews.com, September 20, 2018. Accessed November 6, 2018. https://www.voanews.com/a/top-algerian-military-commanders-being-purged-presidential-election/4580444.html.
3) Ziad Alami. “Algérie, Quand les Fils des Généraux font main basses ur les Affaires,“ le360.ma, February 9, 2018. Accessed November 6, 2018. http://fr.le360.ma/politique/algerie-quand-les-fils-des-generaux-font-main-basse-sur-les-affaires-107253.
4) “«La police secrète gouverne toujours l’Algérie »”, Interview with Mohammed Hachemaoui, la-croix.com, April 3, 2018. Accessed November 10, 2018. https://www.la-croix.com/Debats/Forum-et-debats/police-secrete-gouverne-toujours-lAlgerie-2018-04-03-1200928638.
2) “Breaking Algeria’s Economic Paralysis,” Middle East and North Africa Report N°192, International Crisis Group, November 19, 2018. Accessed November 29, 2018. https://d2071andvip0wj.cloudfront.net/192-breaking-algeria-s-sconomic-paralysis.pdf.
Compare scores by country
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|Country||33a. Prohibition||33b. Prevalence|
|Algeria||50 / 100||25 / 100|
|Angola||50 / 100||0 / 100|
|Burkina Faso||50 / 100||0 / 100|
|Cameroon||50 / 100||25 / 100|
|Cote d'Ivoire||0 / 100||25 / 100|
|Egypt||0 / 100||0 / 100|
|Ghana||0 / 100||100 / 100|
|Iraq||0 / 100||0 / 100|
|Jordan||0 / 100||0 / 100|
|Kuwait||50 / 100||50 / 100|
|Lebanon||0 / 100||100 / 100|
|Mali||100 / 100||50 / 100|
|Morocco||0 / 100||75 / 100|
|Niger||100 / 100||100 / 100|
|Nigeria||50 / 100||50 / 100|
|Oman||0 / 100||100 / 100|
|Palestine||0 / 100||100 / 100|
|Qatar||0 / 100||100 / 100|
|Saudi Arabia||50 / 100||100 / 100|
|Tunisia||100 / 100||100 / 100|
|United Arab Emirates||100 / 100||100 / 100|