The legislative elections that took place yesterday, May 10, 2012, in Algeria have been touted as illustrating ‘a process of democratic opening’. However, this ignores the fact that the period preceding the elections was marked by numerous, systematic violations of the rights to freedom of assembly, association and expression in the country.
‘In its latest report, Lifting the State of Emergency in Algeria: A Game of Smoke and Mirrors, the EMHRN condemned the harassment, by police and the courts, of human rights defenders and union leaders exercising their rights to freedom of expression, peaceful assembly and association’, Kamel Jendoubi, president of EMHRN, said. ‘These repeated violations of the freedoms of Algerians contravene the provisions of the International Covenant on Civil and Political Rights and clearly contradict the government’s claim that it is proceeding with its agenda of ‘political reforms’ and ‘a democratic opening’, he added.
On May 7, approximately 200 members (including 65 women) of the Pre-employment and Social Net Employees’ Union (Syndicat autonome du pré-emploi et filet social), an affiliate of the National Independent Union of Public Servants (Syndicat national autonome du personnel de l’administration publique, SNAPAP), were arbitrarily arrested at a demonstration held in Algiers to demand decent jobs. They were set free later that day, in a repeat of a well-established pattern.
Even spontaneous, peaceful demonstrations organised by a few dozen ordinary citizens are not tolerated. In the town of Tiaret, 15 young street vendors were arrested on charges of holding an ‘armed gathering’ under articles 97 and 99 of the Criminal Code. They risk being jailed for one year simply for having held a public protest in late February to demand that they be given spaces where they can pursue their trade. The decision by the Tiaret criminal court is expected on May 16.
On May 3, Abdelkader Kherba, a member of the National Committee for the Defence of the Rights of the Unemployed (Comité national pour la défense des droits des chômeurs, CNDDC) and of the Algerian Human Rights Defence League (Ligue algérienne pour la défense des droits de l’Homme, LADDH), was given a one-year suspended sentence and assessed a fine of 20,000 Algerian dinars (approximately 207 euros). Kherba had filmed and taken part in a sit-in organised as part of a strike staged by court registrars protesting against working conditions in the justice system. The court registrars’ strike, which the unemployed youth Abdelkader Kherba had supported (link), has continued, following the refusal by the authorities to engage in discussions with the union representatives.
During the night of May 3, following the announcement that a new labour organisation – the National Independent Algerian Workers Confederation (Confédération nationale autonome des travailleurs algériens, CNATA) – had been established, the independent labour union centre (Maison des syndicats autonomes) at Dar El Beida (East Algiers) was the target of a break-in in which only the computers stolen, suggesting that this may have been an act of intimidation intended to restrict the freedom to form unions. In the same vein, it should be pointed out that the complaint filed by SNAPAP following the break-in of its offices last year, as well as the older disputes surrounding the closure of the Maison des associations (Oran, 2002) and the Maison des syndicats (Algiers, 2010), remain unresolved cases.
Despite the ‘political reforms’ announced by the Algerian government, the new laws adopted in January 2012 mark a major setback for basic freedoms in Algeria and are a blatant violation of the international commitments made by Algeria, especially under the International Covenant on Civil and Political Rights.
In particular, the right to freedom of association remains severely restricted in the country. At least 7 independent unions both in the public and private sector attempting to register are simply blocked by the bureaucracy. For instance, the Allied College Teachers’ Union (Syndicat des enseignants du supérieur solidaires, SESS) was denied the right to register in late February, without any explanation being given, even though the Algerian constitution protects the freedom of association of workers and Algeria has ratified Convention No. 87 of the International Labour Organization.
Non-governmental organisations (NGOs) are also subjected to arbitrary decisions by the authorities with respect to NGO registration, activities, funding sources and unilateral suppression. In a release dated May 4, the U.N. Special Rapporteur on freedom of peaceful assembly and of association, Maina Kiai, stated that ‘Algeria has now taken a step backwards in relation to freedom of association by placing more rigorous limits on the scope of associations’ activities or their access to funding’. He urged the government to seize the opportunity offered by the legislative elections to ensure respect for freedom of association in Algeria (link).
A few days earlier, Navi Pillay, the U.N. High Commissioner for Human Rights, had expressed concern about the restrictions on the freedom and independence of NGOs in several countries, including Algeria (link).
The EMHRN emphasises that the enjoyment of the rights to freedom of association, assembly and expression is a crucial component of free and transparent elections held in peaceful conditions. Our organisation calls upon the Algerian government to:
- Guarantee the right of Algerian citizens to freely and peacefully assemble and hold demonstrations in Algiers and other regions of the country;
- Comply with the provisions of the International Covenant on Civil and Political Rights, and in particular promote freedom of expression and association;
- Guarantee the freedom to form unions, in particular by allowing new labour unions to register legally.
As the European Union is sending an election observation mission to Algeria, the EMHRN is asking the EU to respond publicly and in strong terms to the deterioration of human rights in Algeria and to call upon the government to remove all obstacles to the exercise of the rights to freedom of assembly, association and expression, which are in violation of Algeria’s international undertakings.