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HUMAN RIGHTS COMMITTEE CONTINUES REVIEW OF CIVIL AND POLITICAL RIGHTS IN ALGERIA
21 July 1998
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MORNING
HR/CT/98/16
21 July 1998
The Committee on Human Rights this morning continued its consideration of the second periodic report of Algeria on the implementation of the provisions of the International Covenant on Civil and Political Rights in that country.
The Algerian delegation told the Committee that the Government was protecting Algerian women from violence for which the Armed Islamic Group was widely responsible. It said the Government had recently trained 800 women to assist female victims of violence.
Committee experts raised questions, among other things, about forced disappearances; secret detention camps and the Legitimate Armed Groups.
As one of 140 States parties to the International Covenant, Algeria is obligated to submit periodic reports to the Committee on the measures adopted to implement the provisions of the treaty.
When the Committee reconvenes at 3 p.m., it is expected to conclude its consideration of the report of Algeria.
Discussion of Report
Committee members posed numerous questions to the Algerian delegation in response to the answers provided yesterday. Several delegations deplored the acts of terrorism in Algeria and expressed sympathy for the victims and their families.
Experts again expressed concern about the allegations of disappearances in Algeria. They asked if the delegation could provide them with the number of complaints lodged with the National Observatory of Human Rights concerning the disappearances. The delegation was asked to provide information on how those cases were investigated and the methods used in this regard.
An expert said that with regards to terrorist activities, there had been serious allegations of collusion by the security forces of Algeria. The expert also said that the security forces had omitted their obligations to protect the population from terrorists acts. There were also allegations that when the gendarmerie was called for help, there was no answer on the phone.
Committee members drew the attention of the delegation to the existence of secret detention centres and recalled that the International Committee of the Red Cross (ICRC) had not visited prisons in Algeria since June 1992. In the same manner, the last time Amnesty International visited the country was in 1996.
Another expert again asked the delegation about the structure and competence of the Legitimate Defence Groups. The expert noted that any of these groups could leave its territory to operate elsewhere. In addition, the groups were not trained and they were not under a proper command structure. To arm untrained and unsupervised groups was dangerous, the expert said.
The experts also raised questions on how individual cases of torture were investigated and about special courts.
In response to the questions of the Committee experts, the delegation said that Algeria had already submitted a report to the Committee against Torture in 1996. The Government had also made available to other United Nations bodies the results of the investigations regarding disappeared persons. The information presented by the International Federation of Human Rights and Amnesty International was a very general nature. They should abandon this generality in order to allow the Algerian authorities to establish the facts.
A member of the Algerian delegation said he had been profoundly shocked to hear experts speak of “state terrorism” during yesterday’s discussion. He said that all special situations that had derogated the law had been withdrawn; elections were being practised; and parliamentary monitoring was also working.
The delegation said that although the ICRC had not visited prison centres since 1992, the organization had been carrying out other activities. It said ICRC would carry out a mission in October 1998. Also, an NGO coordinating group was to visit Algeria before the end of the year.
As to the Legitimate Defence Groups, the delegation said that although they were mobile elements, their operations were limited to their respective village territories and their members were not allowed to move to other areas. The members were selected among the villagers and trained for six months. The police had entire control over their rifles and ammunition. When the danger prevailing in Algeria was eliminated, the groups would be disbanded.
Only 22 sentences of the death penalty had been carried out since 1992 out of the total of 1,991 pronounced by courts, the delegation said. The judges gave out the sentences in accordance with law and the gravity of the crime. Algeria was not an "executioner at heart" but it had to fight impunity, the delegation said.
On the question of the role of the National Observatory of Human Rights, the delegation said it was a non-governmental organization with 26 members and 15 correspondents. Half of the members were elected among various civil society organizations while the rest were designated members. The organization received complaints and referred them to the competent authorities following its own findings in the cases. The delegation said that the existence of secret detention centres had not been confirmed by the National Observatory.
In response to the remaining written questions prepared by Committee experts in advance, the delegation said that the Government of Algeria was protecting Algerian women from violence for which the Armed Islamic Group was widely responsible. The group’s ideology that the "more you hurt women, the quicker you go to Paradise" was brought from Afghanistan at the end of 1970's. The members of the group abducted and collectively raped women, including girls under the age of 12. The Government had recently trained 800 women to assist female victims of violence.
The National Committee for the Preservation and Promotion of Women overlooked the implementation of the principles of gender equality in pubic affairs and the society in general. The members included representatives of the civil society from various sectors nation-wide.
There were no practical restrictions on the participation of women in public life such as seeking and holding public office, the delegation said. In the recent presidential contest, an Algerian woman, who was also a leader of one of the political parties, had run for election. In Algeria, women participated in all spheres of life and in the building of the nation.
With regards to abortion, the delegation said that therapeutic abortion was exercised within Government hospitals. Most of the cases of abortion were the consequences of rapes committed by terrorists.
The family code of Algeria was influenced by Arab-Islamic traditions and the Islamic law of Sharia, the delegation said, adding that women were disadvantaged in some aspects despite their constitutional equality. In incidents of adultery, for example, women were more severely punished than men. The issue of inheritance and marriage were also regulated by the Sharia. On the question of nationality, a child born to an Algerian woman from an unknown father, on Algerian soil, was considered Algerian.
The freedom of conscience guaranteed by the Constitution and the law had been a favourite target for terrorist criminal activity, the delegation said. The law did not make any provision for an "offence" of apostasy, nor did it sanction change of religion, but since the advent of the terrorist phenomenon, there had been increasing infringements on freedom of conscience and on the right to freely practice a religion.
Further, the delegation said that despite the protection provided by the police, several Muslim religious figures had been assassinated because they refused to profess integrist themes; that was also what happened to representatives of Christian faiths accused by the terrorists of being the instruments of a "crusade for the evangelization of the country".
The right to movement had been curtailed in Algeria after the state of emergency was proclaimed, the delegation stated. The relevant decrees had empowered the Minister of the Interior to restrict or forbid the movement or gathering of people on roads or in public places, to set up regulated residential zones, and to deny residence to all adults whose actions proved harmful to public order and to the functioning of public services.
By proclaiming Arabic as an official language, the intention of the Algerian Government was to promote the language and was not to forbid the use of other minority or foreign languages, the delegation told Committee experts. The delegation recalled that the use of Arabic was prohibited by the colonial authorities in 1938. When the country became independent, Arabic was restored to serve as the official language. The recent ordnance which reaffirmed Arabic as a national and official language was in no way directed against other languages.
HR/CT/98/16
21 July 1998
The Committee on Human Rights this morning continued its consideration of the second periodic report of Algeria on the implementation of the provisions of the International Covenant on Civil and Political Rights in that country.
The Algerian delegation told the Committee that the Government was protecting Algerian women from violence for which the Armed Islamic Group was widely responsible. It said the Government had recently trained 800 women to assist female victims of violence.
Committee experts raised questions, among other things, about forced disappearances; secret detention camps and the Legitimate Armed Groups.
As one of 140 States parties to the International Covenant, Algeria is obligated to submit periodic reports to the Committee on the measures adopted to implement the provisions of the treaty.
When the Committee reconvenes at 3 p.m., it is expected to conclude its consideration of the report of Algeria.
Discussion of Report
Committee members posed numerous questions to the Algerian delegation in response to the answers provided yesterday. Several delegations deplored the acts of terrorism in Algeria and expressed sympathy for the victims and their families.
Experts again expressed concern about the allegations of disappearances in Algeria. They asked if the delegation could provide them with the number of complaints lodged with the National Observatory of Human Rights concerning the disappearances. The delegation was asked to provide information on how those cases were investigated and the methods used in this regard.
An expert said that with regards to terrorist activities, there had been serious allegations of collusion by the security forces of Algeria. The expert also said that the security forces had omitted their obligations to protect the population from terrorists acts. There were also allegations that when the gendarmerie was called for help, there was no answer on the phone.
Committee members drew the attention of the delegation to the existence of secret detention centres and recalled that the International Committee of the Red Cross (ICRC) had not visited prisons in Algeria since June 1992. In the same manner, the last time Amnesty International visited the country was in 1996.
Another expert again asked the delegation about the structure and competence of the Legitimate Defence Groups. The expert noted that any of these groups could leave its territory to operate elsewhere. In addition, the groups were not trained and they were not under a proper command structure. To arm untrained and unsupervised groups was dangerous, the expert said.
The experts also raised questions on how individual cases of torture were investigated and about special courts.
In response to the questions of the Committee experts, the delegation said that Algeria had already submitted a report to the Committee against Torture in 1996. The Government had also made available to other United Nations bodies the results of the investigations regarding disappeared persons. The information presented by the International Federation of Human Rights and Amnesty International was a very general nature. They should abandon this generality in order to allow the Algerian authorities to establish the facts.
A member of the Algerian delegation said he had been profoundly shocked to hear experts speak of “state terrorism” during yesterday’s discussion. He said that all special situations that had derogated the law had been withdrawn; elections were being practised; and parliamentary monitoring was also working.
The delegation said that although the ICRC had not visited prison centres since 1992, the organization had been carrying out other activities. It said ICRC would carry out a mission in October 1998. Also, an NGO coordinating group was to visit Algeria before the end of the year.
As to the Legitimate Defence Groups, the delegation said that although they were mobile elements, their operations were limited to their respective village territories and their members were not allowed to move to other areas. The members were selected among the villagers and trained for six months. The police had entire control over their rifles and ammunition. When the danger prevailing in Algeria was eliminated, the groups would be disbanded.
Only 22 sentences of the death penalty had been carried out since 1992 out of the total of 1,991 pronounced by courts, the delegation said. The judges gave out the sentences in accordance with law and the gravity of the crime. Algeria was not an "executioner at heart" but it had to fight impunity, the delegation said.
On the question of the role of the National Observatory of Human Rights, the delegation said it was a non-governmental organization with 26 members and 15 correspondents. Half of the members were elected among various civil society organizations while the rest were designated members. The organization received complaints and referred them to the competent authorities following its own findings in the cases. The delegation said that the existence of secret detention centres had not been confirmed by the National Observatory.
In response to the remaining written questions prepared by Committee experts in advance, the delegation said that the Government of Algeria was protecting Algerian women from violence for which the Armed Islamic Group was widely responsible. The group’s ideology that the "more you hurt women, the quicker you go to Paradise" was brought from Afghanistan at the end of 1970's. The members of the group abducted and collectively raped women, including girls under the age of 12. The Government had recently trained 800 women to assist female victims of violence.
The National Committee for the Preservation and Promotion of Women overlooked the implementation of the principles of gender equality in pubic affairs and the society in general. The members included representatives of the civil society from various sectors nation-wide.
There were no practical restrictions on the participation of women in public life such as seeking and holding public office, the delegation said. In the recent presidential contest, an Algerian woman, who was also a leader of one of the political parties, had run for election. In Algeria, women participated in all spheres of life and in the building of the nation.
With regards to abortion, the delegation said that therapeutic abortion was exercised within Government hospitals. Most of the cases of abortion were the consequences of rapes committed by terrorists.
The family code of Algeria was influenced by Arab-Islamic traditions and the Islamic law of Sharia, the delegation said, adding that women were disadvantaged in some aspects despite their constitutional equality. In incidents of adultery, for example, women were more severely punished than men. The issue of inheritance and marriage were also regulated by the Sharia. On the question of nationality, a child born to an Algerian woman from an unknown father, on Algerian soil, was considered Algerian.
The freedom of conscience guaranteed by the Constitution and the law had been a favourite target for terrorist criminal activity, the delegation said. The law did not make any provision for an "offence" of apostasy, nor did it sanction change of religion, but since the advent of the terrorist phenomenon, there had been increasing infringements on freedom of conscience and on the right to freely practice a religion.
Further, the delegation said that despite the protection provided by the police, several Muslim religious figures had been assassinated because they refused to profess integrist themes; that was also what happened to representatives of Christian faiths accused by the terrorists of being the instruments of a "crusade for the evangelization of the country".
The right to movement had been curtailed in Algeria after the state of emergency was proclaimed, the delegation stated. The relevant decrees had empowered the Minister of the Interior to restrict or forbid the movement or gathering of people on roads or in public places, to set up regulated residential zones, and to deny residence to all adults whose actions proved harmful to public order and to the functioning of public services.
By proclaiming Arabic as an official language, the intention of the Algerian Government was to promote the language and was not to forbid the use of other minority or foreign languages, the delegation told Committee experts. The delegation recalled that the use of Arabic was prohibited by the colonial authorities in 1938. When the country became independent, Arabic was restored to serve as the official language. The recent ordnance which reaffirmed Arabic as a national and official language was in no way directed against other languages.