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Committee on the Elimination of Racial Discrimination concluded review of thirteenth and fourteenth periodic reports of Algeria

09 March 2001

CERD
58th session
9 March 2001
Afternoon






The Committee on the Elimination of Racial Discrimination this afternoon concluded its public review of the thirteenth and fourteenth periodic reports of Algeria on how that country is implementing the rights included in the International Convention on the Elimination of all Forms of Racial Discrimination.

A Government delegation from Algeria described how the country’s history had created a diverse and tolerant society. Mohamed-Salah Dembri, the Ambassador and Permanent Representative of Algeria to the United Nations Office at Geneva, said his country had undergone colonial occupation and had experienced legal and economic inferiority, meaning that every citizen had been considered a second-class citizen at the hands of the occupying force. This gave a good grasp of the underpinning of Algerian society. There was an appetite to eliminate any doctrines of superiority.

Mr. Dembri said work had begun to build a modern, free and independent state in 1954 when Algerian people started demanding independence. The first Constitution was adopted just a few months after liberation, and in Article 11, it recognized basic freedoms and human rights. The Constitution, which guaranteed freedom from racial discrimination, was adopted even before the United Nations adopted the principle. Unquestionably it could be said that the Algerian legislature was a precursor when it came to combatting racial discrimination.

The delegation also told the panel that international conventions were contained within domestic law. There was an effort that attempted to bring about a justice system that was worthy of the third millennium. There had been four preliminary bills that were related to the judicial world in January 2001 alone. There were other laws that illustrated the scope of the ambition for change. These were people who were determined more than ever to build a modern Algeria, tolerant and ready to bring in anything from the outside that could help with the innovation.


Joining Ambassador Dembri on the delegation was Akli Akreche of the Ministry of Justice; Nadia Benabdallah of the Ministry of the Interior; Hocine Sahraoui, a Counsellor at the Algerian Mission in Geneva; Abdelaziz Ouyedder of the Ministry of Foreign Affairs; and Mohamed El Amine Bencherif, a Counsellor at the Ministry of Foreign Affairs.

The Committee Experts posing questions to the delegation were Raghavan Vasudevan Pillai, the Committee's Rapporteur to the reports, as well as Luis Valencia Rodriguez, Marc Bossuyt, Regis De Gouttes, Patrick Thornberry, and Tang Chengyuan.

The Committee started and concluded its public consideration of the reports of Algeria this afternoon. Raghavan Vasudevan Pillai, the Committee’s Rapporteur on the reports, summed up the discussion by saying that it appeared that the country was giving a fresh look to quite a few of its mechanisms as it moved toward modernization. It was important to see that there was a law protecting the right to access to public places.

The Committee will issue its conclusions and recommendations on the reports of Algeria towards the end of its session which concludes on 23 March.

The Committee will resume its meeting at 10 a.m. on Monday, 12 March, to discuss organizational matters as well as preparations for the World Conference against Racism which will be held in South Africa from 31 August to 7 September 2001.


Reports of Algeria

The thirteenth and fourteenth periodic reports of Algeria (CERD/C/362/Add.6) describe, on an article-by-article basis, how that country adheres to the tenets and mandates enshrined in the International Convention on the Elimination of all Forms of Racial Discrimination. Algeria became a party to the Convention in 1972, and last reported to the Committee on the Elimination of Racial Discrimination in August 1997. The documents are divided into two parts. The first half provides general information, including an outline of the political structure, the legal framework within which human rights are protected, the status of the Convention with respect to domestic law and the demographic composition of the population. The second half speaks of specific efforts, like combatting apartheid and racial discrimination, punishment for the commission of racist acts and racist propaganda, equality before the law, the right to remedies and reparation through the courts, and measures to promote understanding, tolerance and friendships among nations.

The reports state that since recovering its independence in 1962, Algeria has endeavoured to establish a welfare state which is based on grass-roots participation and respects human rights and fundamental freedoms. All Algerian Constitutions since independence have embodied universal human rights values and principles. In 1989, Algeria took this basic approach further by embracing a multi-party system, which has given fresh impetus to the process of accession to international human rights instruments. The first multi-party elections for the President of the Republic were held in November 1995; multi-party Parliamentary elections were held in June 1997; and local elections were held in October 1997. In April 1999, there was another presidential election, featuring seven candidates, each offering separate programmes.


The country's international commitments take precedence over domestic law, according to the reports. In 1989, the Constitutional Council reaffirmed this principle. The international human rights treaties were extensively publicized throughout the national media when they were submitted for consideration and adoption by the National Assembly. All conventions were also published in the official journal. Human rights are taught to students at the National Judicial Training Institute, the Police Training School and the National Prison Administration Training School.

The report states that racism and racial discrimination are foreign to Algerian culture and society. Throughout the colonial occupation, the Algerian people suffered the consequences of a policy of systematic discrimination directed against it by the colonial administration. This experience served to consolidate the moral values of Algerian society, to confirm its opposition to all forms of discrimination and exploitation and to strengthen Algeria's resolve to support people subjected to oppression and struggling for emancipation. The Constitution expressly states that Algeria's leaders should refrain from resorting to war to violate the legitimate sovereignty or liberty of other peoples. In that context, Algeria has continued to support people struggling for their national liberation, such as the people of Palestine and the Western Sahara. In Algeria, there are penalties for the incitement and the commission of racist acts and racist propaganda. Further, there is a ban on the incitement or encouragement of racial discrimination by public institutions.

Noting that all citizens of Algeria, without distinction, are equal before the law, the report describes that all Algerians can accede to any public office; be electors and vote for candidates to elective posts; stand as candidates in all elections, including for president; form a party, association or trade union and act as its director or representative; express their opinions freely through any media; hold meetings or demonstrations; have access to any tribunal or court of law; choose their place of residence and freely move within and leave the country; enjoy any social benefits provided for by legislation; have access to education at the primary, intermediate, secondary and higher levels; benefit from facilities for vocational training in all sectors; have access to preventive and curative health care; enter into contracts of all kinds; benefit from credit or all similar forms of advance provided for by legislation (no discrimination in any way with regard to the granting of bank loans and mortgages); and have access to employment and benefit from the guarantees concerning career development, equal wages, legal rest periods and retirement.


Presentation of Report of Algeria

MOHAMED-SALAH DEMBRI, the Ambassador and the Permanent Representative of Algeria to the United Nations Office at Geneva, said Algerian society had a wealth of anthropological diversity. The situation had to be seen against the background of the process that had forged its past and was currently forging its presence. Because it was in the heart of the Mediterranean, Algeria had been a crucible of civilizations. Algerians were a people open to diversity, and recognized the riches which that could bring.

Mr. Dembri said Algeria had undergone colonial occupation and had experienced legal and economic inferiority, meaning that every citizen was a second-class citizen at the hands of the occupying force. This gave a good grasp of the underpinning of Algerian society. There was an appetite to eliminate any doctrines of superiority. In November 1954, the Algerian people got together and demanded liberation. The work began to build a modern, free and independent state. The first Constitution was adopted just a few months after liberation, and in Article 11, it recognized basic freedoms and human rights. The Constitution, which guaranteed freedom from racial discrimination, was adopted even before the United Nations adopted this principle. Unquestionably it could be said that the Algerian legislature was a precursor when it came to combatting racial discrimination.

Since the submission of the earlier periodic reports, Mr. Dembri said, the machinery protecting human rights had been strengthened in many ways. Many of the provisions had been adopted into the domestic laws through new initiatives or amendments to existing laws. There was an effort that attempted to bring about a justice system that was worthy of the third millennium. There had been four preliminary bills that were related to the judicial world in January 2001 alone. There were other laws that illustrated the scope of the ambition for change. These were people who were determined more than ever to build a modern Algeria, tolerant and ready to bring in anything from the outside that could help with the innovation.


Discussion

RAGHAVEN VASUDEVAN PILLAI, the Committee's Rapporteur on the reports, said they were much more exhaustive than the previous ones. This was being taken as a sign of the State Party's willingness to adhere to the principles of the Convention. There were many positive aspects in the reports. Human rights were taught to students and at the police training institute. An independent press dominated the media, and the economy recognized individual and group rights.

One thing that stood out was the absence of data in the report, Mr. Pillai said. The report had a great deal of information, including economic indicators, but they were not broken down by ethnicity. Citing the social policy portion of the reports, Mr. Pillai asked if the underprivileged population sectors belonged to identifiable ethnic groups. Algeria had embraced a market-driven economy. What were the impacts of that on development and social cohesion? Was there resulting marginalization?

He said there were NGO reports that expressed reservations about the effectiveness of the National Human Rights Observatory (NHRO). There was little reference to the Observatory in the report. NGO reports said it had an inadequate budget. There was a prohibition in the Constitution on discrimination based on race and religion. What were some of the penalties? Laws regarding defamation did not specifically refer to racial discrimination. Were the punishments outlined for racial discrimination in public institutions?

It was heartening, he said, to note that the Algerian press, according to the report, was among the freest in the developing world. What kind of human rights issues were generally brought up in the press there? What kind of complaints were brought before the Government's Human Rights Commission? Were there examples of actions that the Commission had taken?

Mr. Pillai continued, saying that reportedly, there were 165,000 refugees in Algeria. What was the situation of refugees in the country? He noted that Algerian citizenship was passed down solely through the father, adding that that could lead to statelessness.

Other Committee Experts asked questions, among other things, about the prohibition of taking census data on the basis of ethnicity; the amount of information the country could compile with the prohibition on the ethnic census; the nomads from the Sahara region; how many foreigners resided in the country; punishments and prohibitions on organizations of a racist nature; the percentage of the national budget directed toward social spending; the public use of languages other than Arabic; refugee and black populations; further information on other ethnic groups; the overall policy of assimilation; and freedom of religion.

The delegation, responding to the questions, said the Algerian Constitution in 1962 had set out to combat racial discrimination. The country saw itself as part of the global context of decolonization. Algerians felt racism as members of a colony, and wanted to stop it globally. Algerians today felt good about their history, and sought to enrich their cultural heritage.

Asked about Arabic being the official language, the delegation said each European country had a Constitution that included an official language. That was what Algeria was doing. It was a step to bring the people of Algeria together. It was a common heritage. At the same time, there was a dynamic movement to use other languages. In 1962, Algeria was a new country in the world arena for the first time. In 1938, the colonial power banned the use of Arabic. That helped explain why in 1962 the legislature took such an initiative. It was to rehabilitate a heritage that was held so dearly.

Responding to questions about the prohibition of a census that breaks data down by ethnicity, the delegation said that in Algeria, the people did not care if they were white or black or brown. They were Algerian. Algerians did not know what minorities were. They did not have them. They were a unitarian society. Racism or racial discrimination was not tolerated.

There were problems, the delegation continued. There were problems with children born out of wedlock. There were provisions in the laws that had religious overtones. And efforts were being made to make progress on these issues.

Addressing the issue of the National Human Rights Observatory (NHRO), the delegation said a new advisory Commission on Human Rights would shortly be set up by presidential decree. That was a major step. The members would include NGOs. That body would closely coordinate with the NHRO and help it determine what to do with cases before it.

QQuestioned about the generalization of Arabic, the delegation said no one had ever been punished by a fine for using a language other than Arabic. French was still widely used in Algeria, and no problems had arisen. Some Experts seemed to have some difficulties with the presence of the law, and they were within their rights. But other languages were in use, and there were no prosecutions under that law.

Concerning children born to Algerian mothers and refugee or stateless fathers, the delegation said Algeria opted to give the patriarchal line primacy. The code of nationality said a child born of Algerian father was Algerian, and also a child born of an Algerian mother and unknown father, or an Algerian mother and stateless father would be Algerian.

Regarding the dissemination of the Convention, the delegation said Algeria had ratified the Convention in 1965, and had ratified all other human rights international treaties in 1988 and 1989. In the official gazette, the decrees used to be published, but not the text. But when Algeria began appearing before various United Nations committees, Experts brought to its attention that the texts should be published as well. Texts were now published.


Asked about displaced persons, the delegation said there were considerable population movements from Algeria’s neighbours to the South because of droughts and political instability. Algeria had accepted these people without discrimination. The country opened centres and provided health services, education and food to them, as well as guaranteed their security. That showed that Algeria respected the conventions relative to these issues. Having alone assumed responsibility for these people, Algeria signed agreements with UNHCR and UNDP to help return these people to their homes.

The delegation said there were major changes underway in Algeria. A recent law, as part of this major overhaul, dealt with access to hotel services. It clearly stipulated that access to hotel services should be provided without any discrimination according to race, religion or gender. There were punishments for violators that included fines and elimination of their right to run a hotel.

MR. PILLAI, the Committee’s Rapporteur on the reports, said it appeared that the country was giving a fresh look at quite a few of its mechanisms as it moved toward modernization. It was important to see that there was a law protecting the right to access to public places.



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