The United Nations special rapporteur on the rights to freedom of peaceful assembly and freedom of association, Clément Nyaletsossi Voule, completed his 10-day mission to Algeria on Tuesday.
During a press conference, he revealed his preliminary observations, and certain exchanges he had with the authorities and political actors in Algeria.
“As part of the construction of the new Algeria, I urge the government to drop the prosecution and pardon those convicted for their involvement in the Hirak. This will also reflect the recognition of Hirak as a turning point in Algeria’s commitment to move forward,” declared Clément Voule during a lively press conference at the United Nations house in Algiers, at the end of a ten-day mission that took him to Oran, Algiers, and Bejaia.
A mission during which he met not only government representatives but also Algerian political actors and civil society.
“I thank the Government for this invitation which indicates a desire to seek international expertise to improve the human rights situation. I benefited from all the cooperation (…),” welcomed the UN rapporteur whose visit, was initially planned for last year.
According to him, the popular movement of 2019 “which demonstrated remarkable civic spirit, setting an example to the world on the conduct of peaceful demonstrations” to which the police “responded largely in a measured and professional manner” must constitute a “ opportunity” to create an area of freedom and move towards a rule of law in Algeria.
The fact remains that after three years since the adoption of the new constitution, he notes that “decisions are taken under the influence of old laws” and that there is a “problem of conformity of certain laws with the constitution and international conventions ratified by Algeria.
“The government must now address the climate of fear caused by a series of criminal charges against individuals, associations, unions, and political parties under excessively restrictive laws, including an anti-terrorism law contrary to Algeria’s international obligations in terms of human rights,” he observed.
In this context, the UN expert reminded the Government, he said, of the need to amend or repeal article 87 bis of the penal code under which many activists were convicted.
This article provides, among other things, that “any act aimed at state security, national unity, stability and the normal functioning of institutions through any action aimed at promoting or incite, by any means, to gain power or to change the system of governance by unconstitutional means; undermine the integrity of the national territory or incite to do so, by any means whatsoever.”
“I understand the context of the country which has come a long way with the war against terrorism, but we must not let ourselves be imprisoned in the past,” said Mr. Voule.
The UN expert confided that he “felt being listened to on the part of the Algerian government”.
Other recommendations from the UN rapporteur: “The government must relax the strict restrictions imposed on gatherings and associations in order to bring laws and practices into compliance with the constitution and international human rights law.”
He added that “to keep the promises of the constitution and the Hirak, to fulfill its obligations under international human rights treaties, Algeria must guarantee, in law and in practice, the rights of its population to assemble and to sit freely, exchange views and ideas and defend specific interests, including in collaboration with partners inside and outside the country.”
Noting “reservations” among the authorities in relation to certain aspects mentioned, and which seem to favor economic development first, the UN rapporteur considers that a “balance” is possible between economic prosperity and the creation of spaces of freedom.
“We need a balance between public security and the area of freedom,” he maintains. “A lot of efforts have been made on the economic level, but the problem remains the space of civil society which has the right to criticize public policies,” said the UN rapporteur.
The rapporteur considered that a “civic space which also includes critical voices is essential to improve governance and the development of public policies and to build a sustainable and inclusive participatory democracy”, assures Clément Voule who was able to note a certain “ crisis of confidence” between the actors encountered and the authorities.
In the same vein, he pleaded for the rehabilitation of the LAADH and RAJ, dissolved by the authorities.
Asked if a list of “opinionated” detainees was given to the authorities, the UN rapporteur indicated that certain questions remain confidential.
Having found the Algerian authorities “listening” and “available for observers to help them improve the situation”, Clément Voule clarified that his conference only reveals preliminary observations. A report on his mission is planned for June 2024. “There is a will on the part of the authorities, but we must monitor the implementation,” he concluded.
