Human Rights in the Middle East: Countries--Algeria


Figure 1.--.

Algeria is a multi-party republic based on a constitution and with a presidential governmental system. The president is elected by popular vote to a 5-year term. He has the constitutional authority to appoint and dismiss cabinet members, as well as the prime minister. After a long period of military government, Algeria finally held a democratic election (2004). Since that election, the Government has gradually trengthened civilian rule and control over the military. Algeria held its first democratic, contested presidential elections (April 2004). There are reports on workers' rights. The Algerian Government has been criticised for restrictions on civil liberties--freedoms of speech, press, assembly, association, and movement. Thre are reports of discrimination against women. The Government has made some effort to address this problem, but faces a sociyey in which discrimination against women is firmly rooted in the Islamic tradition. There have also been reports of limits on religious freedom. here are reports of governmental coruption lack of government transparency. The Government has launched an extensive crackdown on corruption. Some offivials have been found guilty of corruption related offenses and sentenced to prison terms. Corruption remains, however, a serious problem. Algerian security forces acted independently of government authority. Human rights groups have expressed considerable concern over the operations of the security forces. Complaints include the failure to account for disappearances, abuse and torture of detainees, arbitrary arrest, and prolonged pretrial detention. Many of these reports are associated with government efforts to deal with a fundamentalist Islamic insurgency using terrotist attacks of astonishing barbarity. Observers report that the Algerian Government has made progress in reducing abuses attributed to the security forces. Human rights groups criticise the Algerian judicial system for a lack of independence. There are also concerns over fair and speedy trials. Algeria has experienced extensive civil strife and especially vicious terrorism. Terrorist have groups committed numerous, serious abuses. Security force operations seem to be weakening the insurgency and casualties from terrorist attacks have been declining, although attacks continue.

Historical Background

Algerian history dates back to ancient times. The Phoenicians/Catheginians estanlished coastal settlements. After the Punic Wars, Algeria became part of the Roman Empire. With the fall of Rome came a period of Vandal control followed by the Byzantines. The Arab military expansion of over ran Algeria and the rest of North Africa (8th century). The Arab introduced Islam. The native Berber tribes at first resisted, but were gradually Islamicized. Spain conquered Algiers and other North Africa cities (16th century), but was outsted by Barbarossa who expanded the Ottoman Empire. The distances between Constaninople and Algeria, however, meant that Ottoman control was weak. The expanding economies meant increasing commerce in the Mediterranean and lucrative targets for pirates based in Algeria and other North African ports, beginning the era of the Barbary pirates. The pirates benefitted from both the cargos and taking crews and passangers as slaves. Europeans paid tribute to protect their shipping. Finally the European powers (especially Brirain and France) and a newly independent America confronted the Barbary pirates militarily. After the Napoleonic Wars, France intervened militarily in Algeria, beginning a period of colonial rule. The French faced local resistance, comminly more Islamic than nationalistic based. France made Algeria a legal part of France (1848). World War II was the beginning of the end of French control. The fall of France to the Germans (1940) seemed to expose French weakness. Vichy was left in control of Algeria. The Allies seized Algeria as part of the Torch landings (1942). France after the War attemptec to maintain its control of Algeria. Algerian nationalists launched a guerilla campaign (1950s) which led to a particularly brutal colonial war. The Front de Liberation Nationale (FLN) finally suceeded in driving out the French and declaring independence (1962). About 1 million French colonists and Algerians who had cooperated with the French emigrated back to France. The FLN for a time developed close relations with the Soviets. The FLN adopted a range of Soviet uinspired economic policies which proved to be economic disasters. The bright hope of independence resulted in wide-spread poverty and economic decline. More recently a struggle has developed between fundamentalist Islamists and the military. Thousands of people have been killed as a result of this struggle. Elections were held with just one candidate, Abdelazziz Bouteflika (1999). The Bouteflika government reached an agreement with Islamic rebels (September 1999). Some Islamic groups did not participate in the peace agreement. A more open election reelected President Bouteflika (2004). His Government continues to make progress against Islamic insurgents as well as improving the human rights situation in the country.

Political System

Algeria is a multi-party republic based on a constitution and with a presidential governmental system. The president is elected by popular vote to a 5-year term. He has the constitutional authority to appoint and dismiss cabinet members, as well as the prime minister. The prime ministetr functions as the head of the government. The president is the commander-in-chief of the armed forces.

Political Rights

After a long period of military government, Algeria finally held a democratic election (2004). Since that election, the Government has gradually trengthened civilian rule and control over the military. Algeria held its first democratic, contested presidential elections (April 2004). President Bouteflika was re-elected in a field including five other candidates. The military remained neutral in the election. . An international observer reported that while the election was not without flaws, it was basically free and fair.

Economic Rights

There are reports on workers' rights.

Freedom of Expression

The Algerian Government has been criticised for restrictions on civil liberties--freedoms of speech, press, assembly, association, and movement.

Women's Rights

Thre are reports of discrimination against women. The Government has revised the Family Code and Nationality Code which have substantially equal rights protections for women. A U.N. observer submitted a report finding gender inequality underlying violence against women, which she described as a largely hidden problem because of social taboos permitting violence. The U.N. observer reported that the taboos “and the lack of a sufficient institutional response and support for victims of violence silence the victims and perpetuate the violence". The observer reports that “Recent surveys reveal that violence against women is a major concern in Algeria in both the home and the public space.” There is also sexual harassment in their workplaces. Trports indicate that women and girls are commonly ejected from their family homes after being attacked by husbands or other relatives. They are thus forced to survive on their own on the streets where they are vulnerable to further violence. The situation for women was affected by the civil war of the 1990s, when there was “systematic and widespread rape and sexual enslavement of women.” The national charter of peace and reconciliation adopted addressed this problem (2005). The Charter excluded many of the most serious crimes such as rapes, collective massacres and bombings from a wider amnesty. The Government has also criminalized forms of sexual harassment as “a positive first step”. The government is studying a national strategy to combat violence against women. [Ertürk]

Minority Rights

One on going problem has been the concerns of the berber minority. The government has attempted to defuse tensions with the Kabylie and address social and economic concerns of regional leaders. An accord has been reached with the Arouch (Berber citizen) Movement. A major inovation was special regional elections to rectify under representation of Kabylie interests in regional and municipal assemblies.

Religious Freedom

There have also been reports of limits on religious freedom.

Personal Conduct and Privacy


Coruption

There are reports of governmental coruption lack of government transparency. The Government has launched an extensive crackdown on corruption. Some offivials have been found guilty of corruption related offenses and sentenced to prison terms. Corruption remains, however, a serious problem.

Security Forces

Algerian security forces acted independently of government authority. Human rights groups have expressed considerable concern over the operations of the security forces. Complaints include the failure to account for disappearances, abuse and torture of detainees, arbitrary arrest, and prolonged pretrial detention. Many of these reports are associated with government efforts to deal with a fundamentalist Islamic insurgency using terrotist attacks of astonishing barbarity. Observers report that the Algerian Government has made progress in reducing abuses attributed to the security forces.

Judicial System

Human rights groups criticise the Algerian judicial system for a lack of independence. There are also concerns over fair and speedy trials.

Terrorism

Algeria has experienced extensive civil strife and especially vicious terrorism. Terrorist have groups committed numerous, serious abuses. Security force operations seem to be weakening the insurgency and casualties from terrorist attacks have been declining, although attacks continue. In addition to the apauling terroirist attacks in Algeria, Algerian terrorists probably with contacts to al-Qaeda were also involved in the the attempt to blow up Spain's High Court. They were arrested October 2004.

Education

A U.N. observer reports that the Government deserved praise for achieving equal access for boys and girls to all levels of education “in little more than one generation,” with girls now numerically over-represented in secondary schools and universities. [Ertürk] This assessment rather ignores the French educational system which provide considerable access to women. This system was, however, largely dismattled when French colonists and Algerian associates emigrated to France after the Algerian victory in the liberatiin struggle (1961-62).

Sex Issues

Homosexuality is a criminal offense in Algeria. Individuals found guilty of homosexual acts face up to three years in jail. Gay prisoners are commonly beaten and raped. The police and army are known to harass and brutalise homosexuals with impunity. Islamic fundamentalists are commonly even worse because of Islamic teachings. The Koran teaches that homosexuality is wrong, but curiously is not virulently homophobic. Other important Islamic teachings are, especially the Hadith. Islamacists are known to brutally kill homosexuals. Public attitudes are violently homophobic, again largely because of Islamic teachings. Honor killings by family members and neighbors are also reported.

Military Service


Sources

Yakin Ertürk, the Special Rapporteur of the UN Human Rights Council on violence against women, issued a statement after completing a 10-day fact-finding visit to Algeria (2007). Professor Ertürk met with Government ministers, human rights officials and representatives of non-governmental organizations (NGOs) during her visit, as well as with many individual victims of violence. Professor Ertürk, who became the Special Rapporteur in 2003, is scheduled to present a full report on her Algerian visit to the Human Rights Council by the middle of the year.





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Created: 5:18 AM 9/16/2007
Last updated: 5:19 AM 9/16/2007