The review of Algeria within the framework of the Universal Periodic Review (UPR) highlighted, on May 29th, 2012, the concerns of several UN member states with regard to restrictions to public freedoms and the unfair treatment of the dossier of disappeared persons. According to the conclusions of several States at the end of the UPR, the laws adopted in January 2012 relating to associations, information and political parties – contrary to the affirmations of the Algerian government – do not comply with the provisions of the International Covenant on Civil and Political Rights, which was ratified by Algeria.
Our organisations, which have constantly taken action against the new laws which came into force in January 2012, gave a very warm welcome to the recommendations made by some States – i.e. that Algeria review its legislation in the area of freedom of association, freedom of expression and freedom of assembly to bring it into line with the international conventions that it ratified. These new laws codify the abusive practices which have already been implemented by the administration with regard to organisations of independent civil society – particularly when they demand the respect of Human Rights[5]. They come within a context of deteriorating Human Rights – whether they be civil, political, economic, social or cultural. This is portrayed by the disregard shown by the authorities with regard to the civil servants from the justice sector – including several women – who have been on hunger strike for more than a month to draw attention to their professional situation[6].
The issue of discrimination against women in Algeria both at legal and social level was also a central concern of most interventions calling for the lifting of all discriminatory laws against women in particular the Family Code. Speakers also called to fight against all forms of violence against women, particularly domestic violence as well as the stereotypes and negative attitudes about women and their roles in society.
Moreover, the struggle against impunity and forced disappearances has also been at the centre of concerns. Our organisations would like to praise the delegations of Member States of the UPR work group which highlighted the fight of families of disappeared persons and their right to obtain truth and justice – whilst reminding Algeria of its obligation to fight against impunity and to carry out efficient and diligent investigations so that light is shed on the fate of disappeared persons.
The Algerian delegation, in the person of the Advisor to the President of the Republic, Kamel Rezzag Barra, replied to questions relating to forced disappearances with generalities and falsehoods. The widespread practice of forced disappearances by State agents was denied and the disappeared persons were slandered – and were once again likened to terrorists which the Algerian state had taken account of within the framework of the Charter for Peace and National Reconciliation – out of charity and not in recognition of its guilt due to the actions carried out by its agents. The Advisor Rezzag Barra mentioned the case of 65 disappeared persons who may have been located in prison or returning home. Our organisations thus request the Algerian government to allow organisations of families of disappeared to make contact with these persons in order to verify the truth of these words.
Moreover, Kamel Rezzak Bara announced that Algeria is currently working with the United Nations Working Group on Enforced or Involuntary Disappearances (WGEID) with a view to a possible visit to the country. The WGEID has requested an invitation since August 25th, 2000 although this has been in vain. Following the reminder of October 21st, 2010, a visit by the WGEID is now envisaged publicly by the Algerian authorities, although they put conditions which are contrary to the WGEID’s mandate and its methods of working which ensure its independence, its impartiality and the effectiveness of its humanitarian mandate. Thus, the members of the WGEID would not be allowed to hear other demands, despite their legitimacy, such as those made by families of disappeared persons who are members of CFDA-SOS disparus and other organisations such as the LADDH, the Coalition of Associations of Victims of the 1990s and the SNAPAP, which highlight the injustice of the Charter and who are still demanding truth and justice.
Our organisations are thus calling on both the Algerian authorities and the WGEID to ensure that this visit, if it is confirmed, takes place in a free and independent manner and that the Working Group can speak, at its discretion, to any organisation and any person that it considers worth meeting.
Last but not least, our organisations reiterate that the Working Group on arbitrary detentions, the Special Reporters on torture and on the promotion and protection of Human Rights within the scope of the fight against terrorists and the Special Reporter on extrajudicial, summary or arbitrary executions have unsuccessfully asked to be invited to Algeria for several years. Moreover, international non-governmental human rights organisations have not had access to the country for several years.
With regard to the issue of forced disappearances, as with all of the other points raised, it is incumbent on the Algerian government to implement the recommendations which were addressed to it within the framework of the UPR so that the fight against impunity and the protection of freedoms and fundamental rights becomes a priority.
In particular, our organisations request the Algerian authorities to:
- review its legislation in the area of freedom of association, freedom of expression and freedom of assembly in order to bring it into line with international conventions – notably the provisions of the International Covenant on Civil and Political Rights (ICCPR);
- Guarantee freedom of speech and freedom of assembly for all the trade unionists and defenders of human rights in Algeria who are demanding their rights in a pacific manner and to guarantee in all circumstances their physical and psychological integrity;
- Immediately ratify the international convention for the protection of all persons against forced disappearances;
- Ensure equality of rights for women and men and eliminate discriminatory provisions against women, especially in the Family Code, and withdraw its reservations to the CEDAW;
- Invite the different special United Nations Reporters who have made such a request, notably:
– the Special Reporter on the right to freedom of peaceful assembly and association;
– the Special Reporter on the promotion and protection of Human Rights within the scope of the fight against terrorists;
– the Special Reporter on extrajudicial, summary or arbitrary executions;
– the Special Reporter on torture;
– the Working Group on arbitrary detention;
– the Working Group on enforced and involuntary disappearances.
- Give a favorable response to the requests of numerous non-governmental human rights organisations to send delegations to Algeria.
Signatory associations:
The Euro-Mediterranean Human Rights Network (EMHRN)
The Collective of the Families of the Disappeared in Algeria (CFDA)
The Algerian League for the defense of Human Rights (LADDH)
The National Autonomous Union of Public Administration Staff (SNAPAP)
The National Autonomous Trade Union of workers in paper processing and packaging (SNAT-FTPE)
The Network of Algerian Lawyers for the Defense of Human Rights (RADDH)
Acting for Democracy and Change in Algeria (ACDA)
The Italian Recreational and Cultural Association (ARCI)
Solidarity towards Development and Peace (SODEPAU)