THE ROLE OF CIVIL SOCIETY IN PROTECTING FOREST RESOURCES IN ALGERIAN LEGISLATION
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Abstract
Algeria places increasing importance on forest wealth and all forms of vegetation, reflecting a promising and responsible approach to addressing the risks and disasters that threaten forests. This strategy aims to strengthen the tourism sector and the national economy. The responsible authorities have also called on civil society organizations to initiate their activities to broaden awareness campaigns targeting the general public for the preservation of forest resources and to report anyone responsible for forest fires—an issue that annually causes significant losses in lives and property for the Algerian state. The call underscores the state's recognition of the importance and effectiveness of civil society organizations in curbing various assaults on forests.
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References
Al-Hadi Al-Hadari discusses forests and pastures in North African countries in the series "The Integration of Pastures and Forests in North African Countries," published by the Arab Organization for Science and Culture, Tunis, 1991, p. 19. Nasr Al-Din Hanouni addresses the legal and institutional means for the protection of forests in Algeria in a thesis submitted for a Master's degree in Real Estate and Agricultural Law at the Faculty of Law and Political Science, Department of Law, University of Algiers, 1999/2000, p. 14.
The Algerian legislator defined a forest in Articles 8 to 11 of Law No. 84-12, which regulates national forest property, as follows: "All lands covered with forest types in the form of normal forest stands." Article 9 of the same law further elaborates: "Normal forest stands are defined as any stand that contains at least:
One hundred (100) trees per hectare in mature conditions in dry areas and dry environments
Three hundred (300) trees per hectare in mature conditions in wet areas." This is stipulated in Law No. 84-12, dated June 23, 1984, concerning the general regime of forests, Official Gazette, 1984, No. 26, amended and supplemented by Law No. 91-20 dated December 2, 1991, Official Gazette, 1991, No. 62.
Additionally, Law No. 23-12, dated December 23, 2023, pertains to forests and forest resources, published in Official Gazette No. 83
The 1976 Constitution was issued under Decree No. 76-97 dated December 24, 1976, published in the Official Gazette No. 94, and has been amended and supplemented. Law No. 90-30, dated December 1, 1990, includes the National Property Law, Official Gazette, 1990, No. 52. Law No. 90-25, dated November 8, 1990, concerns real estate guidance, published in the Official Gazette, 1990, No. 49, and amended and supplemented by Law No. 95-26 dated September 25, 1995, Official Gazette, 1995, No. 55, p. 25. The 2016 Constitution, dated Jumada al-Awwal 27, 1437, corresponding to March 7, 2016, was published in the Official Gazette, No. 14, and has been amended and supplemented. Law No. 23-21 refers to previous legislation.
Law No. 23-12 concerning forests and forest resources was published in Official Gazette No. 83. The Algerian News Agency (APS) accessed the website on March 22, 2024, at the following link: https://www.aps.dz/ar.
The article titled "Exemption of Properties Proposed for Public Investment in the Highlands and South" is available via the link: https://news.radioalgerie.dz/ar/node/28698.
The new forest law in Algeria was discussed on the Al-Nasr Daily website; the article was accessed on March 30, 2024, at 15:00 via the link: https://www.annasronline.com/index.php.
The Forest Directorate's website calls on civil society to contribute to environmental protection; this was accessed on March 23, 2024, at 11:14, via NEWS Baraka: https://barakanews.dz/posts/fy-alyom-aldoly-llghabat-mdyry.
The Al-Nasr newspaper website reported on March 30, 2024, at 16:20 about the new forest law in Algeria: https://www.annasronline.com/index.php.
Civil society comprises individuals and informal organizations that play active roles in various educational, economic, family, health, cultural, and charitable areas. Yassine Flous highlights the role of civil society institutions in promoting environmental culture in the "Human Resources Development Journal for Studies and Research," Germany, No. 5, published by the Arab Democratic Center for Strategic, Political, and Economic Studies, 2019, p. 242.
The foundations of civil society are established on three pillars. The first pillar is the free will or voluntary action, which is considered one of the most important foundations of civil society. It embodies the free will and voluntary nature of individuals to join non-governmental organizations. The second pillar involves individuals systematically joining society composed of entities and institutions according to pre-defined conditions. The third pillar is ethical and behavioral, manifested in the acceptance of each individual in this society of the other's differences. Alaeddine Qali discusses civil society in the constitutional amendment of 2020, focusing on "Participation in Decision-Making and Implementation as a Model," pp. 289-290.
Sofiane Hajin explores the role of non-governmental organizations in environmental protection in his thesis for a Master's degree in Private Law, specializing in Environmental Law, p. 11. Law No. 03-10 concerning environmental protection within the framework of sustainable development, dated July 19, 2003, is published in the Official Gazette, No. 43.
Khaled Al-Amari discusses "The Role of Civil Society in Environmental Protection in Algeria: Environmental Protection Associations as a Model" in the journal "Horizons for Research and Studies," Volume 6, Issue 1, University Center of Ilizi, 2023, p. 500. Rashid Masoudi explores "The Participation of Associations in Environmental Protection: Roles and Obstacles" in the "Professor Researcher Journal for Legal and Political Studies," Volume 6, Issue 2, December 2021, p. 1840.
Law No. 11-10, dated June 22, 2011, pertains to municipalities, as published in Official Gazette No. 37. Rashid Masoudi refers back to the previous source, p. 1841.
The Global Forest Mechanism included participation from a member of the National Observatory for Civil Society under the slogan "Forests and Innovation: New Solutions for a Better Year," accessible at: https://news.radioalgerie.dz/ar/node/28698.
This law has enabled Algeria to align with global environmental legislation, as it is a party to numerous international agreements and protocols related to the environment and natural resources, such as the African Convention on the Conservation of Nature and Natural Resources, dated September 15, 1968, as well as the United Nations Framework Convention on Climate Change, dated May 9, 1992. Samir Hamiaz discusses this in the previous source, pp. 289-290.
Hassan Ben Abdel Kabir examines "Legal Mechanisms for the Protection of Plant Natural Resources in Algerian Legislation" in a thesis submitted for a Doctorate in Science, specializing in Public Law, at the Faculty of Law and Political Science, Department of Law, Colonel Ahmed Daria University, Adrar, Algeria, p. 99.
Executive Decree 01-87, dated April 5, 2001, outlines the conditions and methods for granting exploitation licenses.
The Algerian News Agency reported the issuance of the Law on Forests and Forest Resources in the Official Gazette at 10:45 on March 23, 2024, available at: https://www.aps.dz/ar/economie.