United Nations 2007.Fm

Total Page:16

File Type:pdf, Size:1020Kb

United Nations 2007.Fm AFRICAN HUMAN RIGHTS LAW REPORTS 2007 2008 African human rights law reports 2007 Published by: Pretoria University Law Press (PULP) The Pretoria University Law Press (PULP) is a publisher at the Faculty of Law, University of Pretoria, South Africa. PULP endeavours to publish and make available innovative, high-quality scholarly texts on law and related disciplines in Africa. PULP also publishes a series of collections of legal documents related to public law in Africa, as well as text books from African countries other than South Africa. For more information on PULP, see www.pulp.up.ac.za Printed and bound by: ABC Press Cape Town To order, contact: PULP Faculty of Law University of Pretoria South Africa 0002 Tel: +27 12 420 4948 Fax: +27 12 362 5125 [email protected] www.pulp.up.ac.az ISSN: 1812-2418 © 2008 CONTENTS Editorial v User guide vi Abbreviations vii Case law on the internet vii TABLES AND INDEXES Table of cases ix Alphabetical table of cases xi Subject index xii International instruments referred to xix International case law considered xxviii African Commission decisions according to communication xxxiii numbers CASES United Nations human rights treaty bodies 1 African Commission on Human and Peoples’ Rights 71 Sub-regional courts 117 Domestic decisions 147 iii EDITORIAL The African Human Rights Law Reports include cases decided by the United Nations human rights treaty bodies, the African Commission on Human and Peoples’ Rights and domestic judgments from different African countries. This eighth volume of the Reports for the first time also includes judgments that deal with human rights issues from the courts of African regional economic communities. The Reports are a joint publication of the African Commission on Human and Peoples’ Rights and the Centre for Human Rights, University of Pretoria, South Africa. PULP also publishes the French version of these Reports, Recueil Africain des Décisions des Droits Humains. The Reports, as well as other material of relevance to human rights law in Africa, may be found on the website of the Centre for Human Rights at www.chr.up.ac.za. Hard copies of the Reports can be obtained from the Centre for Human Rights. Editorial changes have been kept to a minimum, and are confined to changes that are required to ensure consistency in style (with regard to abbreviations, capitalisation, punctuation and quotes) and to avoid obvious errors related to presentation. Quotes and references have, where possible, been checked against the original. Corrections which may affect the meaning are indicated by square brackets. Cases from national courts that would be of interest to include in future issues of the Reports may be brought to the attention of the editors at: Centre for Human Rights Faculty of Law University of Pretoria, Pretoria 0002 South Africa Fax: + 27 12 362-5125 E-mail: [email protected] v USER GUIDE The cases and findings in the Reports are grouped togehter according to their origin, namely, the United Nations, the African Commission on Human and Peoples’ Rights and domestic courts. The Subject index is divided into two parts — general principles or procedural issues, and substantive rights. Decisions dealing with a specific article in an international instrument are to be found in the list of International instruments referred to. A table that lists International case law considered is also included. In these tables case references are followed by the numbers of the paragraphs in which the instruments or cases are cited. A headnote, to be found at the top of each case, provides the full original title of the case as well as keywords noting the primary issues in the case. These are liked to the keywords in the Subject index. Keywords are followed by the numbers of the paragraphs in which a specific issue is dealt with. In instances where the original case contains no paragraph numbers these have been added in square brackets. The date at the end of a case reference refers to the date the case was decided. The abbreviation before the date indicates the jurisdiction. vi ABBREVIATIONS ACHPR African Commission on Human and Peoples’ Rights AHRLR African Human Rights Law Reports CAT Committee Against Torture CCPR International Covenant on Civil and Political Rights EAC East African Court of Justice ECOWAS Economic Community of West African States Community Court of Justice HRC United Nations Human Rights Committee KeHC High Court, Kenya NaSC Supreme Court, Namibia NgCA Court of Appeal, Nigeria SADC Southern African Development Community Tribunal ZwSC Supreme Court, Zimbabwe CASE LAW ON THE INTERNET Case law concerning human rights in Africa may be found on the following sites: United Nations High Commissioner for Human Rights www.ohchr.org African Commission on Human and Peoples’ Rights www.achpr.org Centre for Human Rights, University of Pretoria www.chr.up.ac.za International Law in Domestic Courts (ILDC) www.oxfordlawreports.com Interights www.interights.org Association des Cours Constitutionelles www.accpuf.org Commonwealth Legal Information Institute www.commonlii.org Southern African Legal Information Institute www.saflii.org High Court, Malawi www.judiciary.mw Court of Appeal, Nigeria www.courtofappeal.gov.ng vii Nigeria Internet Law Reports www.nigeria-law.org/LawReporting.htm Constitutional Court, South Africa www.constitutionalcourt.org.za viii TABLE OF CASES UNITED NATIONS HUMAN RIGHTS TREATY BODIES Human Rights Committee Algeria Abbassi v Algeria (2007) AHRLR 3 (HRC 2007) Cameroon Njaru v Cameroon (2007) AHRLR 21 (HRC 2007) Titiahonjo v Cameroon (2007) AHRLR 29 (HRC 2007) Libya El Dernawi v Libya (2007) AHRLR 35 (HRC 2007) South Africa Prince v South Africa (2007) AHRLR 40 (HRC 2007) Committee Against Torture Tunisia Ben Salem v Tunisia (2007) AHRLR 54 (CAT 2007) AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS Eritrea Article 19 v Eritrea (2007) AHRLR 73 (ACHPR 2007) Zimbabwe Chinhamo v Zimbabwe (2007) AHRLR 96 (ACHPR 2007) SUB-REGIONAL COURTS East African Court of Justice Katabazi and Others v Secretary General of the East African Community and Another (2007) AHRLR 119 (EAC 2007) ECOWAS Community Court of Justice Essien v The Gambia and Another (2007) AHRLR 131 (ECOWAS 2007) SADC Tribunal Mike Campbell (Pvt) Limited and Another v Zimbabwe (2007) AHRLR 141 (SADC 2007) DOMESTIC DECISIONS Kenya Waweru v Republic (2007) AHRLR 149 (KeHC 2007) Namibia Luboya and Another v State (2007) AHRLR 165 (NaSC 2007) ix x Table of cases Nigeria Inspector-General of Police v All Nigeria People’s Party and Others (2007) AHRLR 179 (NgCA 2007) Zimbabwe Dzvova v Minister of Education, Sports and Culture and Others (2007) AHRLR 189 (ZwSC 2007) ALPHABETICAL TABLE OF CASES Abbassi v Algeria (2007) AHRLR 3 (HRC 2007) Article 19 v Eritrea (2007) AHRLR 73 (ACHPR 2007) Ben Salem v Tunisia (2007) AHRLR 54 (CAT 2007) Chinhamo v Zimbabwe (2007) AHRLR 96 (ACHPR 2007) Dzvova v Minister of Education, Sports and Culture and Others (2007) AHRLR 189 (ZwSC 2007) El Dernawi v Libya (2007) AHRLR 35 (HRC 2007) Essien v The Gambia and Another (2007) AHRLR 131 (ECOWAS 2007) Inspector-General of Police v All Nigeria People’s Party and Others (2007) AHRLR 179 (NgCA 2007) Katabazi and Others v Secretary General of the East African Community and Another (2007) AHRLR 119 (EAC 2007) Luboya and Another v State (2007) AHRLR 165 (NaSC 2007) Mike Campbell (Pvt) Limited and Another v Zimbabwe (2007) AHRLR 141 (SADC 2007) Njaru v Cameroon (2007) AHRLR 21 (HRC 2007) Prince v South Africa (2007) AHRLR 40 (HRC 2007) Titiahonjo v Cameroon (2007) AHRLR 29 (HRC 2007) Waweru v Republic (2007) AHRLR 149 (KeHC 2007) xi SUBJECT INDEX This index is divided into two parts: the first deals with general principles and procedural issues, and the second part with substantive rights. GENERAL PRINCIPLES AND PROCEDURES Admissibility Applicability of the African Charter Essien v The Gambia and Another (2007) AHRLR 131 (ECOWAS 2007) Compatibility Chinhamo v Zimbabwe (2007) AHRLR 96 (ACHPR 2007) Complaint to be submitted by victim Abbassi v Algeria (2007) AHRLR 3 (HRC 2007) Consideration by other international body Abbassi v Algeria (2007) AHRLR 3 (HRC 2007) Prince v South Africa (2007) AHRLR 40 (HRC 2007) Continuing violation Prince v South Africa (2007) AHRLR 40 (HRC 2007) Exhaustion of local remedies Essien v The Gambia and Another (2007) AHRLR 131 (ECOWAS 2007) Mike Campbell (Pvt) Limited and Another v Zimbabwe (2007) AHRLR 141 (SADC 2007) Administrative remedies Article 19 v Eritrea (2007) AHRLR 73 (ACHPR 2007) Ample notice Article 19 v Eritrea (2007) AHRLR 73 (ACHPR 2007) Complaints not investigated Njaru v Cameroon (2007) AHRLR 21 (HRC 2007) Incommunicado detention Article 19 v Eritrea (2007) AHRLR 73 (ACHPR 2007) Refugees Chinhamo v Zimbabwe (2007) AHRLR 96 (ACHPR 2007) Remedies must be available, effective and sufficient Article 19 v Eritrea (2007) AHRLR 73 (ACHPR 2007) Remedies must not be unduly prolonged Ben Salem v Tunisia (2007) AHRLR 54 (CAT 2007) xii Subject index xiii Failure of state to enforce judgments Chinhamo v Zimbabwe (2007) AHRLR 96 (ACHPR 2007) Release does not mean that complaint becomes moot Abbassi v Algeria (2007) AHRLR 3 (HRC 2007) Specificity of complaint Abbassi v Algeria (2007) AHRLR 3 (HRC 2007) Submission of communication within reasonable time Chinhamo v Zimbabwe (2007) AHRLR 96 (ACHPR 2007) Constitutional supremacy Inspector-General of Police v All Nigeria People’s Party and Others (2007) AHRLR 179 (NgCA 2007) Derogation Not possible under Charter Article 19 v Eritrea (2007) AHRLR 73 (ACHPR 2007) Evidence Failure
Recommended publications
  • Representing the Algerian Civil War: Literature, History, and the State
    Representing the Algerian Civil War: Literature, History, and the State By Neil Grant Landers A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in French in the GRADUATE DIVISION of the UNIVERSITY OF CALIFORNIA, BERKELEY Committee in charge: Professor Debarati Sanyal, Co-Chair Professor Soraya Tlatli, Co-Chair Professor Karl Britto Professor Stefania Pandolfo Fall 2013 1 Abstract of the Dissertation Representing the Algerian Civil War: Literature, History, and the State by Neil Grant Landers Doctor of Philosophy in French Literature University of California, Berkeley Professor Debarati Sanyal, Co-Chair Professor Soraya Tlatli, Co-Chair Representing the Algerian Civil War: Literature, History, and the State addresses the way the Algerian civil war has been portrayed in 1990s novelistic literature. In the words of one literary critic, "The Algerian war has been, in a sense, one big murder mystery."1 This may be true, but literary accounts portray the "mystery" of the civil war—and propose to solve it—in sharply divergent ways. The primary aim of this study is to examine how three of the most celebrated 1990s novels depict—organize, analyze, interpret, and "solve"—the civil war. I analyze and interpret these novels—by Assia Djebar, Yasmina Khadra, and Boualem Sansal—through a deep contextualization, both in terms of Algerian history and in the novels' contemporary setting. This is particularly important in this case, since the civil war is so contested, and is poorly understood. Using the novels' thematic content as a cue for deeper understanding, I engage through them and with them a number of elements crucial to understanding the civil war: Algeria's troubled nationalist legacy; its stagnant one-party regime; a fear, distrust, and poor understanding of the Islamist movement and the insurgency that erupted in 1992; and the unending, horrifically bloody violence that piled on throughout the 1990s.
    [Show full text]
  • US Move Towards Brotherhood Ban Could Upend Turkish-Qatari Strategies
    UK £2 Issue 204, Year 5 May 5, 2019 EU €2.50 www.thearabweekly.com Hope after Baghdadi’s Corruption- Spanish first video fuelled unrest elections in five years in the Arab world Page 17 Pages 6,7-9 Page 4 US move towards Brotherhood ban could upend Turkish-Qatari strategies ► Support to Muslim Brotherhood-affiliated groups is a major pillar of Turkey’s and Qatar’s influence strategies in the region. Thomas Seibert in its relations with the United States. Ties are under strain by US support for Kurdish militants in Istanbul Syria, Ankara’s wish to buy Rus- sian military hardware and by plan by members of the Turkey’s determination to pursue US administration to close relations with neighbour designate the Muslim Iran despite the threat of US sanc- A Brotherhood an interna- tions. tional terrorist organisation is ex- Gunter Seufert, a Turkey expert pected to be yet another irritant at the German Institute for Inter- in troubled relations between An- national and Security Affairs, a kara and Washington. think-tank in Berlin, said a desig- The move could also put fresh nation of the Muslim Brotherhood pressure on ties between Wash- as a terrorist group would be “an- ington and Doha. Like Turkey, other point of conflict” between Qatar is a major backer of the Turkey and the United States. Muslim Brotherhood. It is also the “This would harden fronts fur- site of the largest US military base ther,” Seufert said by telephone. in the Middle East. Both Turkish US President Donald Trump’s and Qatari strategies in the region decision to consider putting the could be upended.
    [Show full text]
  • The Algerian Islamic Movement from Protest to Confrontation: a Study in Systemic Conflagrations
    Intellectual Discourse, 1998 Vol 6, No I, 39-65 The Algerian Islamic Movement From Protest to Confrontation: A Study in Systemic Conflagrations Berkouk The current crisis in Algeria has brought to the forefront the various dimensions of the Islamic tendencyin the country. Theseinclude the political, the intellectual, the educational and the insurrectional aspects. While analysing the various dimensionsof the movement,this paper focuseson the mainstreamof the movement.This mainstreamis essentiallynon- violent and actively involved in the establishedpolitical process. It strives to transform both state and society in line with the essentialprecepts of Islam. It is the assertion of this paper that Islamic resurgencein Algeria is primarily a cultural phenomenonthat cannotbe understoodby usingsimple quantitative analytical models. Only a multi-dimensionalperspective that has as its centrefocus the civilizational and cultural forces can ascertain all the parameters and dynamics of this movement. Nowhere is the Islamist challengemore manifestthan in Algeria. This was brought to the world's attention not only by the ongoing armed Islamist insurgencybut also by the consecutiveelectoral successesof the Islamists. The purpose of this paper is not merely to analysethis phenomenonhistorically, or in terms of its different components,but also to understandwhy this movementhas gained so much strength in Algeria. The central focus of this paperis to show that this movement is a home-grownphenomenon that reflectsthe complexity of the social dynamics of Algeria. An exclusive reliance on economicand political analytic tools is not sufficient to understandthe phenomenonthat is primarily social and cultural in nature. It is a quest for identity and authenticity. M'hand Berkouk is currently AssistantProfessor of Political Science,and Head, Departmentof General Studies,IIUM.
    [Show full text]
  • International Covenant on Civil and Political Rights
    UNITED NATIONS CCPR International covenant Distr. on civil and RESTRICTED* political rights CCPR/C/89/D/1172/2003 21 June 2007 ENGLISH Original: FRENCH HUMAN RIGHTS COMMITTEE Eighty-ninth session 12-30 March 2007 VIEWS Communication No. 1172/2003 Submitted by: Salim Abbassi (represented by Mr. Rachid Mesli) Alleged victim: Abbassi Madani (his father) State party: Algeria Date of communication: 31 March 2003 (initial submission) Documentation references: Special Rapporteur’s rule 97 decision, transmitted to the State party on 12 May 2003 (not issued in document form) Date of adoption of Views: 28 March 2007 Subject matter: Arbitrary detention, house arrest, fair trial, freedom of expression Procedural issue: Power of attorney * Made public by decision of the Human Rights Committee. GE.07-42526 (E) 060707 100707 CCPR/C/89/D/1172/2003 page 2 Substantive issues: Right to liberty and security of person; arbitrary arrest and detention; right to liberty of movement; right to a fair trial; right to a competent, independent and impartial tribunal; right to freedom of expression Articles of the Covenant: 9, 12, 14 and 19 Articles of the Optional Protocol: ... On 28 March 2007, the Human Rights Committee adopted the annexed draft as its Views under article 5, paragraph 4, of the Optional Protocol in respect of communication No. 1172/2003. [ANNEX] CCPR/C/89/D/1172/2003 page 3 Annex VIEWS OF THE HUMAN RIGHTS COMMITTEE UNDER ARTICLE 5, PARAGRAPH 4, OF THE OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS Eighty-ninth session concerning Communication No. 1172/2003* Submitted by: Salim Abbassi (represented by Mr.
    [Show full text]
  • A-W-The Algerian Islamist Movement
    The Algerian Islamist Movement between Autonomy and Manipulation Extracts from a report presented by the Justice Commission for Algeria at the 32nd Session of the Permanent Peoples' Tribunal on HUMAN RIGHTS VIOLATIONS IN ALGERIA (1992-2004) 5 - 8 November 2004 Salima Mellah May 2004 The full report is in French: http://www.algerie-tpp.org/tpp/pdf/dossier_19_mvt_islamiste.pdf Table SUMMARY ..........................................................................................................................3 HISTORY OF THE FIS.......................................................................................................6 THE 1989 POLITICAL REFORMS AND LEGALIZATION OF THE FIS ............................................6 THE ISLAMIST 'NEBULA'.......................................................................................................7 THE "SOUND OF BOOTS"......................................................................................................9 WHAT HAPPENS WITH FIS AFTER THE INTERRUPTION OF THE ELECTIONS?...........................11 1992-1994: THE ORGANIZATION OF ARMED GROUPS...........................................12 MANIPULATION, FROM THE START .....................................................................................12 THE GIA ESTABLISHES ITSELF AND SUPPLANTS ALL OTHER GROUPS....................................15 Uniting within the GIA..................................................................................................15 The political context .....................................................................................................17
    [Show full text]
  • Democracy in the Arab World Explaining the Deficit
    Democracy in the Arab World Explaining the defi cit Despite notable socio-economic development in the Arab region, a deficit in democracy and political rights has continued to prevail. This book examines the major reasons underlying the persistence of this democracy deficit over the past decades and touches on the prospect for deepening the process of democratization in the Arab world. Contributions from major scholars of the region give a cross-country analysis of economic development, political institutions and social factors, and the impact of oil wealth and regional wars, and present a model for democracy in the Arab world. Case studies are drawn from Algeria, Egypt, Iraq, Jordan, Lebanon, Syria, Sudan and the Gulf region; they build on these cross-country analyses and look beyond the influence of oil and conflicts as the major reason behind this demo- cracy deficit. The chapters illustrate how specific socio-political history of the country concerned, fear of fundamentalist groups, collusion with foreign powers and foreign interventions, and the co-option of the elites by the state also contribute to these problems of democratization facing the region. Situating the democratic position of the Arab world in a global context, this book is an important contribution to the field of Middle Eastern politics, develop- ment studies and studies on conflict and democracy. Ibrahim Elbadawi, formerly Lead Economist at the Development Research Group of the World Bank, he is currently Director of the Macroeconomics Research and Forecasting Department at the Dubai Economic Council and has published widely on macroeconomic and development policy and the economics of civil war.
    [Show full text]
  • Information to Users
    INFORMATION TO USERS This manuscript has been reproduced from the microfihn master. UMI films the text directly firom the original or copy submitted. Thus, some thesis and dissertation copies are in typewriter face, while others may be from any type of computer printer. The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleedthrough,margins, substandard and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send UMI a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. Oversize materials (e.g., maps, drawings, charts) are reproduced by sectioning the original, beginning at the upper left-hand comer and continuing firom left to right in equal sections with small overlaps. Each original is also photographed in one exposure and is included in reduced form at the back of the book. Photographs included in the original manuscript have been reproduced xerographically in this copy. Higher quality 6" x 9" black and white photographic prints are available for any photographs or illustrations appearing in this copy for an additional charge. Contact UMI directly to order. UMI University Microlilms International A Bell & Howell Information Company 300 North Z eeb Road. Ann Arbor. Ml 48106-1346 USA 313/761-4700 800/521-0600 Order Number 9411896 Aborted transition: T he case of the failure of the democratization process in Algeria, 1989-1992 Al-Hadban, Ibrahim Naji, Ph.D.
    [Show full text]
  • Algerian Civil War 1989- 1999 Descend Into What Has Been Called a “Savage War”?
    Why did the Algerian civil war 1989- 1999 descend into what has been called a “savage war”? Explaining the nature of the Algerian civil war Cato Stensland Master thesis, (60sp,MØNA 4590) “Midtøsten og Nord- afrikastudier” Institutt for kulturstudier og orientalske språk UNIVERSITY OF OSLO Spring 2015 © Author Cato Stensland Year 2015 Why did the Algerian civil war 1989-1999 descend into what has been called a “savage war”? Author Cato Stensland http://www.duo.uio.no/ Print: Reprosentralen, Universitetet i Oslo II Abstract This paper tries to answer some perplexing questions surrounding the Algerian civil war of the 1990‟s. The country went through a civil war that descended into a bloody chaos that few can reconcile with. It is this “decent” that is explored in the paper. By relying on a set of categories and rules for these interactions set forth in the selectorate theory the negligence of the people at large by the government is sought to be explained. Particular actions like the massacres, assassinations, bombings, killings and sabotage are put into a context that however grisly it may be portrays a rationale making sense of the violence. It discusses the rationale behind the massacres that took place from 1995 and the inaction to prevent these. To find this rational it is necessary to start the paper with a political analysis that can identify the key players and to link the political happenings as an extension of politics to acts of war. Therefore the first part of the paper is primarily concerned with the reasons behind the conflict, aligning the different parties of it and describing their primary motives.
    [Show full text]
  • An Islamic Republic of Algeria? Implications for the Middle East and the West
    THE WASHINGTON INSTITUTE POLICY FOCUS AN ISLAMIC REPUBLIC OF ALGERIA? IMPLICATIONS FOR THE MIDDLE EAST AND THE WEST GIDEON GERA RESEARCH MEMORANDUM NUMBER TWENTY-NINE JUNE 1995 Cover and title page illustrations from windows of theal-Hakim Bi-Amrillah Mosque, 990-1013 THE AUTHOR Dr. Gideon Gera, The Washington Institute's 1994 Meyerhoff Fellow, is a research associate at Tel Aviv University's Moshe Dayan Center for Middle Eastern and African Studies specializing in current political and strategic issues. He retired from the Israeli army in 1976 with the rank of colonel. The views expressed in this Policy Focus are those of the author and should not be construed as representing those of The Washington Institute, its Board of Trustees or Board of Advisors. Acknowledgments Any attempt at predictive analysis of the type presented in this paper requires the assistance of many people. First and foremost, I would like to thank The Washington Institute and its director, Dr. Robert Satloff, for making this endeavor possible by granting me a Meyerhoff Fellowship and by extending to me their warm hospitality. I am also very grateful to the many French scholars—especially to Remy Leveau—who shared with me, during a brief visit to France, their knowledge and views on actual and potential developments in Algeria. I am equally grateful to U.S. government officials who took some of their valuable time to answer my questions. Respecting the wishes of most of them I shall name none. Furthermore, I would like to thank my colleagues at the Dayan Center at Tel Aviv University and especially Professor Asher Susser, head of the center, for stimulating my curiosity about the Algerian situation and its possible influence on the region in which we live.
    [Show full text]
  • Military-Islamists Relations in The
    MILITARY-ISLAMISTS RELATIONS IN THE MIDDLE EAST AND NORTH AFRICA: CONFRONTATIONS AND CONTAINMENT By SUZANE MNEIMNEH Bachelor of Arts The Lebanese University Beirut, Lebanon 1999 Submitted to the Faculty of the Graduate College of Oklahoma State University in partial fulfillment of the requirements for the degree of MASTER OF ARTS May 2005 MILITARY-ISLAMISTS RELATIONS IN THE MIDDLE EAST AND NORTH AFRICA: CONFRONTATIONS AND CONTAINMENT Thesis Approved: Joel Jenswold Thesis Adviser David Nixon Bob Darcy A. Gordon Emslie Dean of the Graduate College ii PREFACE Are Islamists willing to accept a modern state system, secular political order, modernization, and democracy in order to establish non-violent relations with the military? Armed forces and political Islam are in constant confrontations in the Middle East and North Africa (MENA) countries especially after the collapse of the Soviet Union. Islamists in the MENA region have been steadily moving towards acceptance of the mentioned concepts. In fact, many Islamists (individuals and parties) succeeded in entering the political order in Jordan, Lebanon, Turkey, Kuwait and many other countries. In doing so, some demonstrated a willingness to work within the system and with various political forces especially with the military in pursuit of common goals, like regime liberalization. Others used democracy only as means to reach power and threaten modern state system; thus, invoked military interference in politics to prevent them from reaching power. The participation of self-identified islamically oriented groups in elections and in modern political processes in general aroused considerable controversies. Armed forces, who believe in secularism and separation of religion and politics, perceive Islamist groups as threats to their values.
    [Show full text]
  • Radical Islamism in Algeria: Evolution and Current Situation
    Austral: Brazilian Journal of Strategy & International Relations e-ISSN 2238-6912 | ISSN 2238-6262| v.4, n.8, Jul./Dec. 2015 | p.100-125 RADICAL ISLAMISM IN ALGERIA: EVOLUTION AND CURRENT SITUATION Yoslán Silverio González1 The Islamic militants that have been operating in Western Africa Sa- hara-Sahel during last years have their origins in the 1990s, in the context of the internal war that broke in Algeria. This north-African country has been the most affected by the violence of terrorism of the Islamic kind, a phenomenon that, even though spreading through most of the countries from Northern Africa and Middle East, had different impacts on each country. The Algerian case was deeply linked to the long civil war faced by this country and, since the beginning of the 21st century, turned into a residual element restrained to a few Algerian wilayas and expanded towards south, entering the Sahara. Being one of the most affected countries, with incidence throughout the rest of the region, it is necessary to explain how this problem evolved to become an issue of security to lots of nations in the region. Internal antagonisms: the path to civil war Thirty years after celebrating its independence of French colonialism (1962 - 1992), the Algerian nation broke into an armed conflict, a result of its economic difficulties, the exhaustion of the post-independence political model and the following state crisis, social pressures and the emergency of new political forces that had as its programmatic base the Islam. Under the presidency of Chadli Bendjedid (1979 - 1992), third president of the nation, the gravest tensions took place as a result of the destabilization of the state combined with the rise of Islamist movements.
    [Show full text]
  • Algeria Country Report
    ALGERIA COUNTRY REPORT April 2004 Country Information & Policy Unit IMMIGRATION AND NATIONALITY DIRECTORATE HOME OFFICE, UNITED KINGDOM CONTENTS 1. Scope Of The Document 1.1 2. Geography 2.1 3. Economy 3.1 4. History Pre-1990 4.1 1991-1992: Rise of the FIS and 1991-2 Elections 4.4 1993-1998: Continuing Violence 4.7 1999-2000: Civil Concord Law and Dissolution of the AIS 4.11 Events of 2001-2002 4.18 Events of 2003 4.24 Events of 2004 and Presidential Election 4.31 5. State Structures The Constitution 5.1 Political System 5.4 Political Parties 5.6 Elections 5.13 Judiciary Structure 5.16 Country and Human Rights Reports 5.20 Legal Rights/Detention Detention Provisions 5.27 Pre-Trial Detention 5.28 Human Rights Reports 5.30 Double Jeopardy 5.31 In Absentia Convictions 5.32 Death Penalty and Moratorium 5.33 Internal Security Organisation - 5.37 Police Forces 5.40 Local Police 5.42 Local Militias 5.43 Special Intervention Units 5.44 Intelligence Units 5.45 Prisons 5.48 Political Prisoners 5.50 Independent Monitoring of Prisons 5.51 Military Service - Background 5.53 Conscientious Objection 5.57 Registration 5.58 Selection 5.61 The Reserve 5.66 Reserve Recalls 5.68 Postponed Enlistment 5.75 Deferments 5.76 Exemptions and Amnesties - 5.78 Exemption for Men over 30 at 1 November 1989 5.80 Exemptions/Regularisation Measures from 1999 5.83 Employment and Travel 5.92 Documents Relating to Military Service 5.94 5.96 Penalties for Draft Evasion and Desertion Military Service Personnel - 5.97 Absence Without Leave – Conscripts, Reservists and Deserters 5.111 Threat to Military Servicemen From Armed Groups 5.114 Medical Services 5.121 HIV/AIDS 5.122 MtlHlth Algeria April 2004 Mental Health 5.126 NGOs 5.127 Disabled persons 5.128 Educational System 6.
    [Show full text]