HUMAN RIGHTS PUT ALGERIAN REGIME TO THE TEST The illusion of change Paris – April 2013 Collective of Families of the Disappeared in Algeria 112, rue de Charenton 75012 Paris – France Telephone: + 33 (0)1 43 44 87 82 – Fax: + 33 (0)1 43 44 87 82 E-mail: [email protected] Website: www.algerie-disparus.org HUMAN RIGHTS PUT ALGERIAN REGIME TO THE TEST The illusion of change Bibliographical information Title: Human Rights Put Algerian Regime to the Test – The illusion of change Author: Collective of Families of the Disappeared in Algeria Publication: Collective of Families of the Disappeared in Algeria Date of the publication: April 2013 Pages: 148 ISBN: 978-2-7466-6386-2 Photos: CFDA, Rachel Corner, El Watan Weekend, Hassen Ferhani, Toufik Hachi, Omar D, Reuters, SOS Disappeared Translation into English and Arabic: Bélaid Hamici / [email protected] Graphic Design: Benjamin Lerasle / [email protected] Reproduction: The Collective of Families of the Disappeared in Algeria authorises the free distribution of extracts of this publication on the condition that it will be properly cited. Collective of Families of the Disappeared in Algeria HUMAN RIGHTS PUT ALGERIAN REGIME TO THE TEST The illusion of change Report 2011-2013 4 Human Rights Put Algerian Regime to the Test - The illusion of change Methodology: Members of the Collective of Families of the Disappeared in Algeria (CFDA) and activists working closely with the CFDA initially came together to form an editorial group. Several meetings were then held in the CFDA office in Paris to select topics to discuss and reflect on the methodology to be followed in preparation for this report. Once the group was formed, research was initiated on relevant topics, and different people in Algeria and France were contacted to gather information. The working groups were supervised by a coordinator. Authentic research was conducted by the editorial group that conducted field investigations through which they were able to meet with families of the disappeared, Algerian associations, human rights defenders, independent trade unions and human rights activists who are active in the Algerian civil society. This report is also based on the personal experiences of the members of the CFDA, who are both direct witnesses of violence committed against the families of disappeared such as during the weekly peaceful protests in Algiers, but also victims of physical and psychological violence in the form of harassment. Finally, the authors of this report consulted numerous and various documents to support their argument (legal documents, international conventions, case law, reports for UN bodies, reports from international organisations of human rights, media reports, and urgent appeals to the Special Rapporteur of the UN and the African Commission on Human and Peoples’ Rights (ACHPR), Algerian associations’ websites, newspapers articles, etc). This documentation gained from extensive research and the collection of testimonies of victims, human rights activists and Algerian lawyers enabled in-depth research, legal analysis and comparison of information gathered in order to denounce the violations committed. The CFDA team would especially like to thank the families of the disappeared for their courage and perseverance, and all those who are determined to continue the daily struggle for the respect of human rights in Algeria by denouncing the abuses committed by the Algerian authorities, and have also contributed to the research. The CFDA also thanks the defenders of human rights, human rights activists, independent trade unions, associations, lawyers and CFDA’s many spokespersons without whom this extensive review of the human rights situation in Algeria could not have been realised. - Methodology - 5 CONTENTS INTRODUCTION 8 CHAPTER 1 –THE FORMAL LIFTING OF THE STATE OF EMERGENCY 16 1. THE PROVISIONS OF THE STATE OF EMERGENCY IN THE NATIONAL LAW 18 1.1. THE DEFINITION OF TERRORISM AND CORRUPTION 18 1.2. THE MILITARY’S ALMOST DISCRETIONARY POWERS IN THE FIGHT AGAINST TERRORISM 19 2. THE NEW PROVISIONS ADOPTED BY THE LIFTING OF THE STATE OF EMERGENCY 21 2.1. STRENGTHENING MILITARY POWER 21 2.2. INTEGRATION OF SECRET DETENTION INTO THE NATIONAL LAW 22 2.3. ADOPTION OF NEW LAWS ON POLITICAL PARTIES, ASSOCIATIONS AND INFORMATION 22 3. MAINTENANCE OF PRACTICES APPLICABLE UNDER THE STATE OF EMERGENCY 23 CHAPTER 2 - THE NATIONAL CONSULTATIVE COMMISSION FOR THE PROTECTION AND PROMOTION OF HUMAN RIGHTS 24 1. THE LOSS OF CNCPPDH’S «A» ACCREDITATION 26 1.1. THE INSTITUTION’S LACK OF INDEPENDENCE AND PLURALISM 26 1.2. THE CNCPPDH AND MISSING PERSONS’ CASE FILES 31 2. AN ATTEMPT TO “TRICK” THE ICC DURING A THE VISIT OF A DELEGATION TO ALGIERS 33 CHAPTER 3 - THE JUDICIARY SYSTEM 34 1. STRUCTURAL PROBLEMS 35 1.1. THE MAGISTRATE 35 1.2. THE LEGAL PROFESSION IN JEOPARDY 40 2. THE USE OF JUSTICE AS A MEANS OF REPRESSING FREEDOMS 43 2.1. ARBITRARY DETENTION AND TORTURE 43 2.2. JUDICIAL HARASSMENT OF HUMAN RIGHTS’ DEFENDERS 46 CHAPTER 4 - ENFORCED DISAPPEARANCES 50 1. THE CRIME OF ENFORCED DISAPPEARANCE IN INTERNATIONAL LAW 52 2. DENYING THE RIGHT TO TRUTH AND JUSTICE 54 3. VIOLATIONS OF THE RIGHT TO FULL COMPENSATION 56 3.1. LACK OF EFFECTIVE INVESTIGATION 57 3.2. ESTABLISHING A JUDGEMENT OF DEATH: A TORTURE FOR FAMILIES 58 3.3. TERMS OF COMPENSATION 60 4. THE PROHIBITION OF ANY CRITICISM AGAINST AUTHORITIES 60 CHAPTER 5 - WOMEN’S RIGHTS 62 1. WOMEN AND THE LEGAL FRAMEWORK 64 1.1. DISCRIMINATORY PROVISIONS IN THE FAMILY CODE 64 1.2. A LARGELY INADEQUATE CRIMINAL LAW TO PROTECT WOMEN AGAINST VIOLENCE 68 6 Human Rights Put Algerian Regime to the Test - The illusion of change 2. WOMEN IN INSTITUTIONS AND POLITICS 71 2.1. PARTICIPATION OF WOMEN IN POLITICS 71 2.2. LOW RATE OF WOMEN EMPLOYMENT AND ACCESS TO LEADERSHIP POSITIONS 72 2.3. PROTECTION OF WOMEN IN INSTITUTIONS 73 CHAPTER 6 - FREEDOM OF CONSCIENCE AND RELIGION 74 1. VIOLATION OF RELIGIOUS FREEDOM IN LEGAL TEXTS 76 1.1. VIOLATION RESULTING FROM THE 2006 ORDINANCE 76 1.2. RESTRICTIONS OF RELIGIOUS FREEDOM IN THE IMPLEMENTING DECREES 79 2. VIOLATION OF RELIGIOUS FREEDOM IN PRACTICE 81 2.1. CONVERTING 81 2.2. VIOLATION OF ISLAM’S PRINCIPLES 82 2.3. THE ADMINISTRATIVE CONTROL 83 CHAPTER 7 - FREEDOM OF ASSEMBLY AND PEACEFUL DEMONSTRATION 86 1. THE RESTRICTIONS ON FREEDOM OF ASSEMBLY 88 1.1. THE LEGISLATIVE FRAMEWORK 88 1.2. ARBITRARY PRACTICES OF THE AUTHORITIES 90 2. FREEDOM OF DEMONSTRATION 91 2.1. THE LEGISLATIVE FRAMEWORK 91 2.2. THE REPRESSION OF DEMONSTRATIONS 93 CHAPTER 8 - FREEDOM OF EXPRESSION AND INFORMATION 98 1. THE RIGHT TO ONE’S OPINIONS 100 1.1. THE VIOLATION OF PRESS LAWS 100 1.2. DEFAMATION 100 1.3. THE CHARTER FOR PEACE AND NATIONAL RECONCILIATION 102 2. THE RIGHT TO SEEK INFORMATION 103 2.1. THE DEFINITION OF INFORMATION 103 2.2. THE RIGHT TO ACCESS INFORMATION 104 3. THE RIGHT TO FREELY BROADCAST AND RECEIVE INFORMATION 105 3.1. RESTRICTIONS ON THE RIGHT TO FREELY BROADCAST INFORMATION 105 3.2. THE RIGHT OF RECTIFICATION 110 3.3. RESTRICTIONS AGAINST EXPAT AND INTERNATIONAL PRESS 110 CHAPTER 9 - FREEDOM OF ASSOCIATION AND TRADE UNION FREEDOMS 112 1. DENIAL OF THE FREEDOM OF ASSOCIATION BY LAW NO. 12-06 114 1.1. VIOLATION OF THE FREEDOM OF ASSOCIATION AT THE TIME OF THE ASSOCIATION’S CONSTITUTION 114 1.2. VIOLATION OF THE FREEDOM OF ASSOCIATION DURING THE EXISTENCE OF THE ASSOCIATION 118 1.3. VIOLATION OF THE FREEDOM OF ASSOCIATION RELATING TO REASONS AND PROCEDURES BEHIND THE DISSOLUTION OF THE ASSOCIATION 119 2. VIOLATION ON THE FREEDOM OF TRADE UNIONS 121 2.1. BARRIERS TO THE CREATION OF A TRADE UNION 121 2.2. HARASSMENT OF TRADE UNIONISTS 123 CHAPTER 10 - ECONOMIC AND SOCIAL RIGHTS 126 1. VIOLATIONS OF THE RIGHT TO HEALTH: THE DETERIORATION OF THE MEDICAL SECTOR 128 1.1. DRUGS SHORTAGE 128 1.2. THE LACK OF HEALTH INFRASTRUCTURES 129 1.3. THE LACK OF MEDICAL STAFF 129 2. VIOLATIONS OF THE RIGHT TO WORK: THE EMPLOYMENT SITUATION IN ALGERIA 130 2.1. POOR WORKING CONDITIONS 130 2.2. UNEMPLOYMENT 131 2.3. INFORMAL EMPLOYMENT 132 3. HOUSING PROBLEMS 134 3.1. INSUFFICIENT HOUSING 134 3.2. FORCED EVICTIONS GENERATING INSECURE SETTLEMENTS AND SLUMS 135 3.3. POOR QUALITY OF HOUSES BUILT 136 4. THE SITUATION OF HARRAGAS 137 LIST OF ABBREVIATIONS AND ACRONYMS 140 SELECTED BIBLIOGRAPHY 142 - Contents - 7 INTRODUCTION This report, prepared by the CFDA team with the help of young human rights activist(s), covers a period during which an Arab geopolitical area has had many issues, some of which have had direct consequences in Algeria. Indeed, the period from January 2011 to the end of April 2013 was filled with the Tunisian and Egyptian popular revolutions followed by the foreign intervention in Libya and the protests by the bloodily repressed in Syria which have degenerated into civil war. Within this context of North African revolutions, autonomous unions including the National Autonomous Union of Public Administration Staff (SNAPAP) and the Algerian League for the Defence of Human Rights (LADDH) have created the National Coordination for Change and Democracy (CNCD). Among the main objectives assigned by the CNCD was the lifting of the state of emergency, which was declared in February 1992, as well as the channeling of energies for a peaceful fight for the respect of human rights and public freedoms, in which the CFDA was also involved. If coordination of struggles within civil society for human rights and civil liberties is still to be conducted, the mobilisation of the CNCD led to the state of emergency finally being lifted in February 2011 (Chapter 1). After nineteen years! It is a symbolic victory because the lifting of the state of emergency was a Pyrrhic victory for human rights in Algeria.