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TITLE: ALGERIA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
ALGERIA
Algeria's 1989 Constitution was supposed to provide for its
conversion from a single-party Socialist state to a multiparty
parliamentary system. Power, however, continued to reside in a
government composed of present and former ruling party
officials. Moreover, after an Islamist party, the Islamic
Salvation Front (FIS), won the first round in the first
multiparty national legislative elections in December 1991,
President Chadli Benjedid resigned in January 1992 under
pressure from the army and others within the Government. The
next day the regime cancelled the second round of elections. A
five-member High State Committee (HSC) was created to act as
Algeria's collective presidency. The HSC declared a state of
emergency in February 1992 and had the FIS banned a month
later. HSC president Mohamed Boudiaf was assassinated in June
1992; he was replaced by Ali Kafi, who remains in office. In
August 1993, the HSC appointed Redha Malek as Prime Minister.
The HSC has pledged to step down by January 31, 1994, to be
replaced by another presidential body until the regime decides
conditions merit a resumption of the political process.
The police, the gendarmerie, and the army maintain internal
security. In efforts to restore stability, repress Islamic
militancy, and combat terrorism, security forces have resorted
to the use of excessive force, harsh treatment, and, in many
cases, torture of prisoners and detainees.
Incidents of terrorism (which began in early 1992) continued
throughout 1993. Such incidents included daily attacks against
security forces; assassinations of numerous journalists,
intellectuals, and a senior political personality; and attempts
against the lives of three government ministers.
Algeria's industrialized hydrocarbon-based economy (agriculture
accounts for less than 10 percent of the gross domestic
product) remains largely under government control, with the
State operating most major industries, much of the distribution
and retail systems, and the banking and credit system. Under
former Prime Minister Abdesselam, the Government pursued an
economic program maintaining a predominant state role in
managing the economy. Prime Minister Redha Malek's Cabinet,
appointed in September, said it would pursue reforms that put
more emphasis on the private sector. High population growth,
an acute housing shortage, scarcity of foreign exchange,
inflation and unemployment exceeding 20 percent, and the legacy
of years of economic inefficiency continue to hamper government
efforts to satisfy social needs.
The human rights situation, which deteriorated severely in 1992
following the cancellation of elections and the declaration of
a state of emergency, further deteriorated in 1993. The
Government extended the state of emergency and postponed new
elections for 2 to 3 years; it continued to hold some 800
people in two administrative detention camps without benefit of
due process, despite its pledge that it would close the camps;
and it continued to restrict freedom of speech and press,
suspending three new publications on security grounds while
maintaining the earlier suspension of seven others. Within the
upward spiraling cycle of violence, there were allegations that
security forces engaged in extrajudicial killings, as well as
credible reports of the security forces' frequent resort to
torture, although the Government said it will not tolerate such
actions. The Government claimed it investigated cases of
security force members accused of committing such abuses but
gave no details, creating at the very least the public
impression of a climate of impunity for such actions. Other
human rights problems included denial of the right to a fair
trial, especially in the antiterrorist courts, and ongoing
restrictions on freedoms of assembly, religion, and women's
rights. Extremist opposition elements also committed human
rights abuses on a large scale, waging a campaign of terrorism
and armed attacks which claimed the lives of some 300 members
of the security forces.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killings
Some opponents of the regime assert that the Government was
responsible for politically motivated extrajudicial killings,
arguing that at least some of the more than 500 alleged
terrorists killed in 1993 in armed clashes with security forces
were not offered the chance to surrender and were thus killed
extrajudicially. One credible source cited the September 29
killing of 10 alleged terrorists in Benzerga as an example of
extrajudicial killing. Furthermore, many Algerians believe
that the Government was responsible for political
assassinations, including the killing in August of senior
political personality Kasdi Merbah; the Government blamed
Islamists (a claim denied by the FIS) for his death. There
were also claims by Islamist opponents of the regime, and at
least one independent human rights league, that a number of
people died in official custody as a result of harsh conditions
and torture. The human rights league did not publicly cite any
specific cases.
Government forces were subject to armed attacks throughout the
year, resulting in the deaths of over 300 security force
members, according to official figures for 1993. Three
ministers were targets of assassination attempts: Defense
Minister Khaled Nezzar in February, Labor Minister Tahar Hamdi
in March, and Equipment Minister Mokdad Sifi in June.
Although armed attacks were aimed primarily against security
forces and government officials, private citizens were also
targets, including a number of civilians accused by the
opposition of collaboration with the Government, as well as
foreigners in Algeria. In February armed men attacked a
schoolbus carrying gendarmes' children, and a bomb was placed
in a university faculty office; in March intellectuals Laadi
Flici, Hafid Senhadri, and Djilali Liabes were assassinated; in
April armed men wounded the head of the former Communist Party;
in May noted writer Tahar Djaout was assassinated, and gunmen
attacked the director of Algeria's leading newspaper; in June
Dr. Mahfoud Boucebci and professor Mohamed Boukhobza, prominent
professionals, were assassinated, and several ambulances
carrying civilians were attacked; in July journalist Merzak
Begtache was attacked; in August Kasdi Merbah and journalists
Rabah Zenati and Abdelhamid Benmenni were assassinated; in
September writer Abderrahmane Chergou and two French citizens
were assassinated; in October gunmen assassinated an Islamic
studies professor, a former Marxist Party official, noted
doctor and human rights advocate Djilali Belkhenchir,
journalist Ismail Yefah, and former national television
director Mustapha Abada. The same month, gunmen kidnaped three
French consular officials (who were later freed), and
assassinated an Islamic studies professor, an Algiers
University lecturer and former Marxist Party official, noted
doctor and human rights activist Djilali Belkhenchir,
journalist Ismail Yehsah, former national television director
Mustapha Abada, two Russian military advisors, and three
foreigners working for a European construction company. In
November gunmen attacked a photographer for the newspaper
El Watan, and kidnaped a well-known Islamic director of a
national charity organization. In December armed elements
assassinated a high-ranking Foreign Ministry official, a
Spanish businessman, a Frenchman resident in Algeria, a Russian
woman resident in Algeria, a British computer technician
working for an American company, and 12 Croatian hydroelectric
company employees. The Armed Islamic Group, one of the most
important armed groups in Algeria, claimed responsibility for
some of the actions against the foreigners.
While difficult to confirm, there is also credible information
about acts of vigilante vengeance against Islamists.
b. Disappearance
With the Government no longer engaging in a policy of
large-scale administrative internment in southern Algeria,
charges of individual disappearance were far fewer in 1993 than
in 1992. Nevertheless, some regime opponents charged that a
number of people detained by security forces in 1993 were not
heard from again. The Government denied the charge and called
for the names of persons who allegedly had disappeared to be
made public to permit an official investigation. No such names
were made public by the regime's opponents.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Knowledgeable sources, including Amnesty International (AI) and
an independent Algerian human rights league, continued to
report the frequent use of torture and brutal treatment of
prisoners by the security forces. The National Observatory of
Human Rights (ONDH, a government-created organization) argued
that a special legal apparatus exists in Algeria to try those
accused of torture but that many alleged victims have refused
to pursue their cases for fear of reprisal. Nevertheless, the
ONDH said it had sent 10 to 12 allegations of security force
mistreatment of detainees to the Justice Ministry for
investigation. Torture techniques used by security forces
reportedly include electric shocks, beatings, burning with
cigarettes, suffocating victims with cloths soaked in chemicals
or filthy water, and insertion of objects into the anus.
The Government acknowledged that episodes of security force
mistreatment of alleged terrorists occurred in 1993 but
rejected claims that torture by security forces was practiced
either systematically or with official approval. Government
spokesmen argue that some prisoners use allegations of torture
for political purposes. The Government has pledged to
investigate allegations of torture for which evidence is
presented. According to the Government, several security force
members have been punished for committing such abuses, but it
refused to make public any information regarding these cases,
making it impossible to confirm this claim.
There were credible reports that extremist elements fighting
the regime also committed acts of torture, although information
on such incidents is difficult to confirm. The bodies of two
police officers kidnaped by Islamist extremists in February
were found with signs indicating they had been tortured to
death.
d. Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest and detention and
stipulates that incommunicado detention for questioning in
criminal cases prior to arraignment may not exceed 48 hours,
after which the suspect must be charged or released. Under the
Penal Code, this period may be extended to 4 days by written
request of the Public Prosecutor. An antiterrorist decree
issued in October 1992 increased the allowable length of
prearraignment incommunicado detention of suspected terrorists
to 12 days. However, there have been credible charges from
local human rights observers that authorities have detained
people for more than 12 days. Critics have noted that such
lengthy periods of incommunicado detention create the
conditions in which torture and other abuse flourish, as well
as making it difficult or impossible for the Government to
refute allegations thereof. Provisional liberty may be granted
if the detainee can prove that he will be present at all stages
of the inquiry. Under law, detainees must be informed
immediately of charges against them. Once charged, a person
may be held in pretrial detention indefinitely while the case
is investigated.
Provisions established in Article 5 of the State of Emergency
Declaration authorized the Interior Ministry to detain, in
internment camps under the authority of the army, anyone
thought to constitute a public danger. Of some 9,000 people
detained in 8 camps in 1992, roughly 800 remained under
detention in 2 camps by the end of 1993, despite the
Government's pledges to close the camps and either release or
try in a court of law the remaining detainees, who were
detained without benefit of legal representation or due
process. Security forces in 1993 made thousands of arrests for
security-related incidents. (The Justice Minister told the
Algerian press in November that 5,000 people currently in
prison had been arrested on security-related charges.) Critics
charge that many of those detained were arrested arbitrarily
and without any legal basis.
There is no bail system. Lawyers are permitted regular access
to their clients (except for periods of prearraignment
detention described above). Special antiterrorist courts
sometimes violated this right: lawyers for defendants accused
of involvement in the August 1992 Algiers airport bombing, for
example, were denied access to clients on several occasions
before the May trial. Lawyer-client meetings are supervised
visually by a guard. The exact number of political detainees
is not known, but the 800 persons remaining in detention camps,
who have never been charged, much less tried under law, would
have to be included in the total.
Exile is not a legal form of punishment in Algeria and is not
known to be practiced.
e. Denial of Fair Public Trial
The judicial system consists of civil, military, and special
antiterrorist courts. There are no Islamic courts, although
Shari'a law forms much of the basis for civil court rulings on
social matters. All three systems are reportedly seriously
overloaded by an increase in the number of arrests in 1993.
The Constitution provides for the independence of the
judiciary, and it is generally independent of the executive
branch in deciding cases not involving security or public
order. In cases involving public order, and particularly in
military and antiterrorist courts, the Government is able to
influence court decisions. Appointing judges is the
prerogative of the executive branch; no legislative approval is
necessary. Civilian judges are appointed by the President
based on recommendations made by the Higher Magistrate's
Council, composed of the President, the Minister of Justice,
and various members of the judiciary. Because the council is
led by officials of the executive branch, its institutional
independence is open to question.
The October 1992 Antiterrorist Decree provided for three
special courts, each made up of three civilian judges whose
identities are secret, to try crimes specifically relating to
terrorism. The decree defined terrorism broadly as "any act
committed against individuals...or symbols of the Republic with
the aim of jeopardizing life, security, or property, or the
obstruction of public authorities or institutions...or the
encouragement of such acts, including through the reprinting or
redistribution of documents or recordings." These courts began
functioning on January 3, 1993.
The October 1992 Antiterrorist Decree does not specifically
preclude the Algerian public or press or foreign observers from
attending special court trials, but leaves it to the judges'
discretion whether to open or close the proceedings. Although
the local press has attended and reported on such trials,
foreign observers, including correspondents and human rights
groups, have not been allowed to attend. Key cases tried by
these courts in 1993 included the May trial of 54 defendants
accused of various crimes, including the 1992 airport bombing
(the court convicted 51, handing down 38 death sentences,
including 26 in absentia), and the August trial of the Said
Mekhloufi group (35 death sentences, including 29 in
absentia). The antiterrorist courts handed down more than 300
death sentences during 1993, more than half of which were
handed down in absentia. Twenty-six defendants were executed.
AI expressed concern that many of the death sentences were
imposed following "grossly unfair trials."
The special antiterrorist courts restrict certain defense
rights protected by the regular court system. The courts have
allowed the use of confessions allegedly extracted under
torture which were later repudiated by defendants in court.
Under state of emergency provisions, the courts have restricted
access to defense lawyers and rights of appeal. According to
an April decree reinforcing the powers of these courts, the
courts have the right to suspend lawyers from appearing before
the court for up to 1 year for using "obstructive methods,"
special court prosecutors may arbitrarily transfer to the
special court system cases already assigned to the regular
criminal courts, and lawyers must receive court authorization
in order to represent clients at special court trials.
Overall, these courts fail to accord the protections necessary
to meet internationally accepted standards for fair trial.
Antiterrorist courts offer the Government greater influence
over the outcome of security-related trials, as is suggested by
the high rate of convictions and death sentences. According to
the Justice Minister, 85 percent of the defendants are
convicted and 12 percent get the death penalty. The
Independent Algerian League for the Defense of Human Rights
(LADDH) issued a statement in September calling for the closure
of these courts, which it deemed "arbitrary and illegal." AI
notes that "executions after unfair trials are summary or
arbitrary executions."
In civilian courts, defendants are usually permitted
unrestricted access to lawyers, who operate without government
interference. The Algerian Bar Association is legally required
to provide free legal services to defendants unable to afford
counsel. Defendants are advised of the charges against them at
the time they are bound over for trial. Defendants have the
right to confront witnesses and present evidence. Trials are
public, although generally not publicized, and defendants have
the right of appeal.
Military courts, which originally had jurisdiction only in
cases involving military personnel, were given broad
jurisdiction by Article 10 of the State of Emergency
Declaration to try civilians for security-related crimes.
Although the vast majority of such cases in 1993 were heard by
antiterrorist courts, cases involving civilians heard by
military courts included the trial of FIS lawyer Brahim Taouti,
who was convicted in May of distributing a subversive document
and sentenced to 3 years in prison. Prior to the trial, the
military prosecutor had argued that a military tribunal did not
have jurisdiction over this case, an argument rejected by the
military court.
The Government denied that there were any political prisoners
in Algeria in 1993. Nevertheless, the State of Emergency
Declaration and the Antiterrorist Decree allow for the
sentencing of people for nonviolent expression of certain
political views; many of the people imprisoned since February
1992 for expressing such views thus could be considered
political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Although the Constitution provides for the inviolability of the
home, Article 6 of the State of Emergency Declaration
authorizes the Interior Ministry and provincial governors to
designate specific areas where visitors and nonresidents of
particular areas must stay, refuse residence to anyone whose
activity is perceived as threatening to public order, and issue
"exceptional search warrants" at any time of day or night.
Security forces frequently use these special provisions to
enter residences and question suspects. During 1993 there were
increasingly frequent reports that armed opposition
elements entered private homes, either to kidnap residents or
to steal weapons. Many Algerians believe the security services
use telephone-monitoring systems, reportedly without the prior
court authorization that is required by law.
g. Use of Excessive Force and Violation of Humanitarian
Law in Internal Conflicts
Charges of excessive force against demonstrators were far less
common in 1993 than in 1992, in part because demonstrations did
not occur as frequently as in 1992 due to the regime's ban on
demonstrations. Security forces clashed on at least two
occasions with small gatherings of demonstrators outside
mosques in Algiers. Excessive force, including live fire, was
reportedly used to disperse the gatherings; it is not known if
there were any resulting deaths or injuries. These incidents
were not reported by the Algerian press.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These freedoms were restricted in 1993 by the Government's
action in suspending several publications and detaining
journalists for reports that the Government deemed harmful to
public order. They were also impaired by the ongoing terrorist
attacks against journalists and writers.
The State of Emergency Declaration gives the regime broad
authority to reestablish public order. This authority,
bolstered by the December 1992 Antiterrorist Decree, forced
many journals to practice self-censorship in reporting on
security issues. It also discouraged public expression of
views supportive of the banned Islamic Salvation Front. While
the Government said it did not object to criticism as long as
such criticism did not weaken the institutions of the State or
threaten security or public order, the Government decides what
criteria to apply.
Under authority granted to it by Article 5 of the State of
Emergency Declaration (and Presidential Decree No. 92-320 of
August 1992), the Government suspended three publications in
1993: El Watan, a French language independent daily, was
suspended for 9 days in January for "prematurely printing" an
account of the killing of several security force members;
Elmassa, an Arabic-language government-owned daily, was
suspended for 2 days in January for printing a story deemed
insulting to the head of state of a neighboring country; and El
Djazair El Youm, an Arabic-language independent daily, was
suspended in August, and remains suspended, for printing an
advertisement from an Islamist group challenging several death
sentences handed down by an antiterrorist court. Seven
journals suspended in 1992, including two FIS journals, also
remained suspended in 1993.
Following El Watan's suspension, a government spokesman told
the press that security-related stories would henceforth
require official approval before they could be printed.
Although no official directive was ever issued, most journals
thereafter reported more cautiously on security incidents.
Six El Watan employees, including the director, were detained
by the authorities for 1 week in January; at the end of the
year they were still considered to be on "provisional liberty"
and could be called to trial at anytime. Three employees of El
Djazair El Youm, including the director, were forbidden in
September to leave the country or engage in journalistic
activity and at year's end were awaiting trial by a special
antiterrorist court. Authorities briefly detained a Reuter
correspondent in March for erroneously reporting the
assassination of a government minister. Authorities detained
three employees of the independent French-language weekly
L'Evenement, including the director, on December 15 following
the publication of an article on Algerian Islamists that the
authorities judged inflammatory. Two employees were kept in
prison; the director was granted provisional liberty for health
reasons. The three face trial in a criminal court. Despite
these suspensions and arrests, the Algerian press continues to
carry expressions of opinion contrary to those of the
Government, often including sharp criticism of the Government's
political, economic, and social policies and often stridently
criticizing the Prime Minister and President by name. However,
the press has been careful to avoid criticism of the state of
emergency or the Government's handling of the security
situation.
For financial reasons, most newspapers currently use
state-owned companies to print and distribute their
publications.
The numerous terrorist attacks on the press in 1993 included,
as noted in Section 1.a., the assassinations of at least seven
journalists and armed attacks against several others, including
the director of Algeria's preeminent French-language daily.
Radio and television remained under government control, with
coverage biased in favor of the Government's policies. Because
of the widespread accessibility of satellite dish antennas,
however, millions of Algerians have access to both MBC (an
Arabic-language network broadcasting from London) and European
(particularly French) television and watch them regularly.
Academic freedom is constrained to the extent that academicians
must operate within similar limitations as the press with
regard to criticizing the Government. Academic seminars and
colloquia are rarely restricted, even when the topic includes
political discussion (although, as with the press, criticism of
the regime's security policies is discouraged). Some Algerian
professors attend international conferences regularly, and many
Algerian professors are active in human rights circles without
apparent prejudice to their careers, although they too must
avoid outright challenges to the Government's security policies.
b. Freedom of Peaceful Assembly and Association
Although the Constitution and legislation adopted in 1989
provide for the rights of assembly and association, freedom of
peaceful assembly is sharply curtailed under the state of
emergency. Article 7 of the State of Emergency Declaration
allows the Government to close "all places of entertainment,
halls, and assembly places, as well as ban all demonstrations
likely to disturb peace and threaten public order."
In 1993 the authorities generally allowed meetings, assemblies,
and marches to occur, provided they were consistent with the
regime's security policies. Permits were granted for a
national march against violence in March (in which
antigovernment placards were carried), for public assemblies
held in June by Algerian economic associations (which were
critical of the Government's economic policies), for an
assembly held by the Algerian Journalists' Association (which
was critical of the Government's handling of the press), and
for a gathering to mark the commemoration of President
Boudiaf's 1992 assassination (at which the Government's
handling of the investigation of the assassination was
criticized). Permits were also granted to the Front for
Socialist Forces (FFS), a political party stridently critical
of the Government's policies, to hold public assemblies in June
and October. In April Berber cultural groups demonstrated
throughout Kabylie without having obtained a permit to do so;
most of the demonstrations were allowed to take place, although
at least one group of marchers was dispersed with tear gas.
According to the July 1989 Political Associations Law,
membership in political organizations is permitted for all
Algerians except judges, army and security service personnel,
and members of the Constitutional Council. All nongovernmental
associations must be approved by the Interior Ministry. Most
political groups operate openly, although the FIS was banned in
March 1992. These range from political parties--there were
over 55 parties, including some centrist Islamic parties such
as Hamas, active in 1993--to specialized groups such as human
rights and womens' rights groups.
c. Freedom of Religion
Almost all Algerians are Muslim. While the Constitution
declares Islam to be the state religion (an Algerian
interpretation of the Maliki school of Islamic law), it
prohibits discrimination based on religious belief. The
Government protects the rights of the small Christian and
Jewish populations and often includes leaders of these
communities at ceremonial state functions. The Jewish
community numbers fewer than 200 and maintains a synagogue in
central Algiers. Algerian Christians reportedly number fewer
than 1,000 and often worship only in private. Both Roman
Catholic and Protestant churches are found in Algiers,
primarily serving the foreign Christian community.
Conversion from Islam to Christianity is extremely rare and is
severely sanctioned by the community. Algerians who convert
from Islam do so clandestinely. The Islamic clergy receives
religious training administered by the Government, and the
Ministry of Religious Affairs appoints imams to both state and
privately funded mosques. On at least three occasions in 1993,
progovernment imams were assassinated. Also during the year,
several imams were reportedly removed from their positions for
preaching antigovernment views, and Friday sermons at larger
mosques were reportedly monitored by security forces, leading
regime critics to argue that their freedom of religion had been
compromised.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom to travel within Algeria and abroad and to emigrate is
provided for by law and is generally respected in practice,
although minor children are not allowed to travel abroad
without their father's permission. A curfew imposed in
December 1992, and modified in May 1993, prohibits people from
traveling within Algiers and surrounding provinces between
11:30 p.m. and 4 a.m. Gendarmerie checkpoints in the cities
and countryside routinely stop vehicles to inspect
identification papers and vehicle registrations and
occasionally search for signs of terrorist activity or evidence
of black marketeering. There are some administrative
restrictions on foreign travel related to mandatory military
service and the obligation to repay state education
scholarships.
The Constitution provides for the right of political asylum.
Based on data provided by the Government, the United Nations
High Commissioner for Refugees (UNHCR) estimates that
approximately 165,000 Sahrawi refugees live in camps in
southwestern Algeria. Of these, some 80,000 are considered by
the UNHCR to be in vulnerable groups and thus in need of aid.
Sahrawi refugees in southwestern Algeria are supported by both
the Government and the UNHCR. Another estimated 50,000
displaced Tuaregs from Mali and Niger live in settlements in
southern Algeria.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The cancellation of National Assembly elections and assumption
of power by the High State Committee (HSC) in 1992 effectively
denied citizens the right to change their government.
Constitutional provisions approved by the National Assembly in
1989 that afford Algerians the right to change their government
have been effectively suspended.
National elections in December 1991 resulted in a decisive
victory for the FIS--188 of the 430 assembly seats went to the
FIS; 15 went to the governing National Liberation Front (FLN)
and reflected strong popular discontent with the Government.
In January 1992, President Bendjedid resigned under pressure
from the army; election results were cancelled; and a 5-member
presidency, the HSC, was named to serve until December 1993
when Bendjedid's term of office was to end. The HSC pledged to
respect this mandate and said it will step down before January
31, 1994. However, the Government has postponed resumption of
the electoral process until it considers conditions, including
the security situation, to be stable enough to allow a
resumption. Until such time, a transition government will be
responsible for governing the country. The Government has not
offered a definitive timetable for new elections but has said
repeatedly that 2 to 3 years would be needed before elections
could resume.
Two levels of local government exist: 1,541 local districts
elect municipal councils to 4-year terms, and 48 provinces
elect provincial councils to 5-year terms to work in
consultation with provincial governors appointed by the
Interior Ministry. In local and regional elections in June
1990, the FIS won control of 853 municipal and 32 provincial
councils. But in 1992 and 1993, under Article 8 of the State
of Emergency Declaration, the Government replaced most elected
local councils--including all 895 FIS-controlled councils as
well as some FLN, Hamas, and Rally for Culture and Democracy
(RCD) councils--with government-appointed executive committees.
Very few women are active in government; there are presently no
women among the 26 Cabinet ministers. Fewer than than 1
percent of the candidates for assembly seats in the 1991
election were women, a reflection of strong social pressures
against women's participation in politics and government.
The Berbers, an important indigenous minority group,
participate freely and actively in the political process. Two
important Kabylie-based (see Section 5) political parties
exist, including the FFS, which came in second to the FIS in
the number of seats won in the December 1991 election, and the
RCD. Furthermore, Berbers hold a number of influential
positions within the Government and the army. Algerian Tuaregs
(a people of Berber origin) do not play as important a role in
the national-level political process, due in large part to
their small numbers (estimated in the tens of thousands) and
their nomadic nature. Systemic or government-sanctioned
barriers to political participation, however, do not exist
against any minority groups.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
A number of human rights organizations are active in Algeria,
including the Committee Against Torture, the Algerian League of
Human Rights (which is affiliated with the Maghreb Human Rights
Association), the Algerian League for the Defense of Human
Rights, and the National Observatory of Human Rights (a
government-created organization charged with monitoring and
reporting developments to the HSC). Human rights monitors
receive wide coverage in the independent press and hold press
conferences to express their views, including criticism of
government security policies and allegations of security force
use of torture. No human rights groups have publicly aired
charges of extrajudicial killings by the security forces.
Human rights groups tend to be ignored by the government-
controlled media.
The Government permitted a visit by the secretary general of AI
in April, a month after AI released a highly critical report on
the Government's human rights record. He met with the then
Foreign Minister Redha Malek and delivered widely reported
public remarks critical of the Government's human rights record.
The New York-based Middle East Watch (MEW) did not receive
permission to visit Algeria in 1993, despite numerous requests
by MEW to the Government. The International Committee of the
Red Cross (ICRC) was permitted to visit Algeria in April 1992,
but has been denied permission to visit since then.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The 1989 Constitution specifically prohibits discrimination
based on birth, race, sex, belief, or any other personal or
social conditions or circumstance. The State of Emergency
Declaration did not affect these prohibitions. The 1989
Constitution omits, however, the specific guarantees for
women's political, economic, social, and cultural rights that
had been included in the 1976 constitution.
Women
Women's rights are restricted by Islamic law and custom.
Women's rights to work, live independently, and generally
function outside the traditional Muslim social norm have come
under attack from Islamist leaders and conservative elements of
society. Revisions in 1984 to Algeria's Family Code
effectively restricted women's rights.
Under the Family Code, much of which is based on Shari'a law,
women, regardless of their age, employment, or civil status,
remain like minors under the legal guardianship of a husband or
father. Although the Family Code allows husbands to have four
wives (a rare occurrence in Algeria), it requires the husband
to disclose his marital status and intent to both his present
and future spouses. If he fails to tell the truth, any of his
wives may file a suit in court against him for fraud or
divorce. The Code awards 4 months of alimony to the woman
regardless of the husband's means and the circumstances of the
divorce, although under the Code the wife may receive a
significant settlement in cash or property after divorce if so
stipulated in the marriage contract. Because the Code forbids
Algerian women from marrying non-Muslims, women engaged to
non-Muslim men can be subjected to harassment, reportedly
including confiscation of their passports by authorities. In
March women's rights advocates commemorated International
Womens' Day by calling on the Government to protect women's
rights and to change the Family Code.
With the growing influence of highly traditional Islamist views
and norms, secularist women regard themselves as increasingly
under pressure from proponents of the implementation of Islamic
law. Conservative societal and family pressures, as well as
support or fear of political Islam, have compelled many
Algerian women to wear Islamic dress, including the hijab
headcovering with ankle-length overdress. Many other women,
however, continue to wear Western dress despite what they feel
is continuous harassment and pressure to dress more
traditionally.
Roughly 10 to 15 percent of the work force are women, most of
whom work in urban areas. Many of these women are trained and
employed in the fields of medicine, education, and the media;
some women serve in the armed forces. Some orthodox Islamists
have blamed high national unemployment (21 percent according to
official figures) on female participation in the workplace and
argue that women should not work outside the home. However,
some moderate Islamist leaders have publicly defended the right
of women to work. Girls represent just under 50 percent of
students enrolled in primary and secondary schools and 35
percent of students enrolled in universities.
The extent of violence against women is unclear. National
studies on this problem do not exist, but the Central Hospital
in Algiers alone reported more than 4,600 cases of abuse
against women requiring medical treatment in 1991 and 1992.
Women's rights advocates assert that such violence is not rare,
particularly in the context of family conflicts (i.e., wife and
sister beating) in more conservative, male-dominated families.
Such abuse, however, is increasingly unacceptable to
middle-class Algerians. Violence against women is seldom
discussed publicly, although several independent journals
published articles on the subject during 1993. Wives who are
beaten by their husbands may file criminal charges or sue for
divorce, but such legal actions are rare, and civil courts are
far more likely to rule in favor of men, according to women's
rights advocates. Cases of rape and incest continue to be
underreported to police and to doctors, due to the social
stigma attached in Algeria to victims of such crimes. The
Government is committed in principle to combating violence
against women, but, given the higher priority it places on
other political and security problems, it devoted few resources
and little attention to this issue in 1993.
Children
The Government is committed in principle to protecting
children's human rights and welfare. Several children's
advocacy groups exist, including the Association for Childrens'
Rights and the National Association for the Defense of
Children's Rights. Governments at the regional level offer
social and sanitary services for children, but financial
resources for such services are severely limited. Furthermore,
according to local observers, neither the Penal Code nor the
Family Code offers sufficient legal protection to children.
Although most larger hospitals treat at least several dozen
cases of child abuse every year, many more such cases go
unreported. Some schools, according to news accounts, still
use corporal punishment, and disciplinary beatings of children
by parents are said to be common.
National/Racial/Ethnic Minorities
Algeria's population is ethnically mixed, and ethnic minorities
seem to fare no better and no worse than other Algerians.
Berbers were the original inhabitants of the region, and their
ethnic consciousness, fueled by a desire to preserve their
distinctive cultural identity and language in the face of the
Government's emphasis on the development of an Arab identity,
remains strong. Many Algerians are both Arab and Berber, and
many Berbers hold positions of influence within Algerian
society. Nevertheless, some Berber spokesmen assert that the
Government implicitly seeks to repress the Berber culture,
including the teaching and propagation of Amazight, the
language of the Kabylie Berbers. Amazight is not taught in
primary and secondary schools but is taught at Tizi Ouzou
University. A clear expression of Berber ethnic consciousness
was evident in April when Berber groups organized marches and
demonstrations in commemoration of Berber demonstrations in
1981.
The situation of the nomadic Tuareg of Algeria's southern
desert continues to be of domestic and international concern.
The drought in the central Sahara continues to disrupt
traditional Tuareg patterns of life. Notwithstanding
agreements negotiated between the Governments of Algeria, Mali,
Niger, and Libya and Tuareg representatives, Tuareg-related
grievances and conflicts outside Algeria remain unresolved. As
a consequence, large numbers of Tuareg refugees (from Niger and
Mali) remain in Algeria. Government authorities encourage
Algerian Tuareg to settle and generally treat them fairly.
People with Disabilities
The Government is committed in principle to protecting the
rights and welfare of the disabled. The Ministry of Labor and
Social Affairs sponsored in January the creation of the
Consultative Council for the Protection of Handicapped People
(CNCIPH). It is charged with identifying and resolving
professional discrimination against the handicapped, organizing
cultural and sporting activities for the handicapped, providing
the handicapped with professional training and placement
assistance, and working to assure the accessibility of public
places to the handicapped. Several private associations for
the disabled also exist, including the Federation of
Associations for the Physically Handicapped. The lack of
available government resources, however, greatly limits the
services and assistance that both the public and private
associations are able to provide to the disabled.
Section 6 Worker Rights
a. The Right of Association
Algerian workers have the right to form and be represented by
trade unions of their choice. Government approval for the
creation of a labor union is not necessary, although
considerable limits are imposed on union activities, and one
Islamist union, SIT, has been banned. Unions are not legally
allowed to be associated with political parties, although in
practice some, including the General Union of Algerian Workers
(UGTA), still are. Unions are forbidden to receive funds from
abroad, and the Government may suspend a union's operations if
it violates the law. Unions are also subject to dissolution by
judicial means if a court finds the union has engaged in
illegal activities.
The State of Emergency Declaration authorized the Government to
require workers to continue their usual jobs in both public and
private enterprises in the event of an unauthorized or illegal
strike. The 1990 Law on Industrial Relations permits strikes
only after 14 days of mandatory conciliation, mediation, or
arbitration efforts. This law states that arbitration
decisions in worker-management disputes are binding on both
parties. If no agreement is reached, and provided a majority
of the workers vote by secret ballot to strike, the workers may
legally strike. A minimum level of public services must be
maintained during public service sector strikes.
Approximately 10 major strikes and numerous minor ones were
held in all sectors in 1993. Although many of these strikes
did not satisfy the terms set by the 1990 law (in many cases
there were no attempts at arbitration or mediation), the
Government did not prosecute the striking workers. Strikes
included those by dock workers, airport maintenance workers,
and workers in the construction sector. Most of the strikes
were resolved by wage or other concessions from management.
The Government did not invoke the State of Emergency provisions
to force striking workers back to work. The 1990 law on work
relations prohibits retribution against striking workers.
Unions may form and join federations or confederations and
affiliate with international bodies. Several Algerian unions,
including the UGTA, have sought international contacts beyond
the quasi-official Arab and African trade union organizations
in which they participate. The UGTA, for example, established
direct contact in 1993 with the AFL-CIO.
b. The Right to Organize and Bargain Collectively
The 1990 law permits collective bargaining for all unions, and
this right has been freely practiced. The law also prohibits
discrimination by employers against union members and
organizers and provides mechanisms for resolving trade union
complaints of antiunion practices by employers. It further
permits all unions, whether longstanding or newly created, to
recruit members at the workplace. In the context of a new
Investment Code approved in September, the Government announced
its intention to establish an undetermined number of free trade
zones.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is incompatible with the
Constitution's provisions on individual rights. The Penal Code
was amended in 1990 to ban compulsory labor explicitly (prior
to this, compulsory labor by convicted prisoners was allowed).
This ban is effectively enforced by labor inspections and penal
sanctions.
d. Minimum Age for Employment of Children
The minimum employment age is 16 years. Work inspectors, who
report to the Ministry of Labor, are responsible for enforcing
the minimum employment age by periodic or unannounced
inspection visits to the workplace. The minimum age is
enforced in the state sector, the country's largest employment
sector. It is not effectively enforced in the agricultural or
small private sectors, but violations are not widespread.
However, many children under 16 are driven by economic
necessity into informal employment, such as street vending.
Legislation on acceptable working hours does not make a
distinction between young workers and the regular work force.
e. Acceptable Conditions of Work
The 1990 Law on Work Relations defines the overall framework
for acceptable conditions of work but leaves specific policies
with regard to hours, salaries, and other work conditions to
the discretion of employers in consultation with employees. A
guaranteed monthly minimum wage rate for all sectors is fixed
by government decree. The most recent minimum wage agreement,
reached in 1992, set the minimum monthly wage at roughly $75
(1,800 dinars) per month, which is not adequate to provide a
worker with a family a decent standard of living. Ministry of
Labor work inspectors are responsible for ensuring compliance
with the minimum wage regulations, although enforcement
reportedly has been inconsistent.
Algeria has a 44-hour workweek with a 24-hour rest period and
well developed occupational and health regulations codified in
a January 1991 decree, but enforcement by government inspectors
is generally lax. Laws on working conditions do not specify
whether workers have the right to remove themselves from
dangerous work situations without jeopardy to continued
employment. (###)
[end of document]
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