On 24 February 2011 the Algerian government lifted the state of emergency in response to the wave of popular protests that was sweeping through the region. To what extent did this bring to an end the long series of human rights abuses that had taken place under the emergency law? Did the decision result in Algerian citizens actually being able to exercise the freedoms of association, assembly and demonstration? If not, what obstacles and what factors continue to impede such exercise?
The state of emergency, declared on 9 February 1992 following the nullification of the results of the first round of legislative elections, which had been won by the Islamic Salvation Front, has had a profound impact on Algerian civil society. Over the next two decades, civil society was systematically weakened as a result of the exceedingly ambiguous wording of certain legal provisions, of the use of anti-terrorist measures to silence anyone who criticised the authorities, and of the impunity enjoyed by those responsible for violating human rights during the civil war.
So far, the lifting of the state of emergency has not led to improved guarantees of basic rights and freedoms. This is especially true for organisations working in the field of human rights and seeking to address the mass abuses that occurred during the civil war. Police harassment of activists, the banning of protests and public meetings without justification and the use of abusive administrative practices to hinder the establishment of associations remain commonly used tactics to undermine civil society and constrain its activities.
In the legislative arena, the new law on information maintains restrictions against freedom of expression, even providing for some infractions to be punishable by prison sentences.
The new law on associations is even more restrictive than its predecessor.
Thus, while the lifting of the state of emergency should have been a positive development, it has done little to change the oppressive environment in which civil society operates in Algeria. In both legal and practical terms, civil-society organisations continue to face significant obstacles that hinder their work in promoting respect for human rights and basic human freedoms. Notwithstanding these negative trends, the persistence and strengthening of civil-society organisations could well be the driving force leading to major changes, despite the obstacles they have had to face and continue to face.