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The 20 points of the emergency resolution on Algeria adopted by the European Parliament

The European Parliament (EP) has just adopted by an absolute majority (669 votes in favor, 2 against, 22 abstentions) an emergency resolution on Algeria. It is 20 points on “the deterioration of the human rights situation in Algeria, in particular the case of journalist Khaled Drareni”.

MEPs examined this Thursday during a plenary session, the human rights situation in Algeria, in particular the case of journalist Khaled Drareni, sentenced, let us remember, to two years in prison by the Court of Algiers .

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This is not the first time that the Strasbourg parliament has adopted a resolution concerning freedoms in Algeria. The one voted on November 29, 2019 set a precedent. It condemns the political repression in Algeria by calling for an end to all attacks on freedoms and violations of human rights.

This time again Strasbourg adopts 20 new resolutions that The Maghreb Times reports in detail:

1.Strongly condemns the escalation of unlawful and arbitrary arrests and detentions and legal harassment of journalists, human rights defenders, trade unionists, lawyers, members of civil society and peaceful activists in Algeria, which closes any possibility of political dialogue on the undemocratic constitutional review and hinders the exercise of the freedoms of expression, assembly and association; denounces the use of the introduction of emergency measures in the context of the COVID-19 pandemic as a pretext to restrict the fundamental rights of the Algerian people;

2. Calls on the Algerian authorities to immediately and unconditionally release Mohamed Khaled Drareni and all those who have been detained and charged for exercising their right to freedom of expression, whether online or offline, and to freedom of assembly and association, including Yacine Mebarki, Abdellah Benaoum, Mohamed Tadjadit, Abeldhamid Amine, Abdelkrim Zeghileche, Walid Kechida, Brahim Laalami, Aissa Chouha, Zoheir Kaddam, Walid Nekkiche, Nourredine Khimoud and Hakim Addad; supports the request of Michelle Bachelet, United Nations High Commissioner for Human Rights, for the urgent release, in view of the COVID-19 pandemic, of all political prisoners and any person detained for expressing a dissenting opinion; calls on the Algerian authorities to unlock the media and to end all arrests or detention of political activists, journalists, human rights defenders or people who express a dissenting or critical opinion of the government;

3.Reiterates that freedom of expression, which includes the freedom of journalists, whether professional or citizens, to inform and offer analysis and commentary on protests and on any other form of expression of discontent to with regard to the government or to natural or legal persons linked to the government, is essential for a fully democratic political transition;

4.shows its solidarity to all Algerian citizens, regardless of their geographical or ethnic origin and their socioeconomic status, who have been demonstrating peacefully since February 2019 to demand that the State no longer be in the hands of the military and demand popular sovereignty , respect for the rule of law, social justice and gender equality; calls on the Algerian authorities to take the necessary measures to fight corruption;

5.Recalls once again the Algerian authorities to put an end to all forms of intimidation, judicial harassment, criminalization and arbitrary arrest or detention of journalists who criticize the government, bloggers, defenders human rights, lawyers and activists; once again invites them to take the necessary measures to ensure and guarantee for all the right to freedom of expression, association and peaceful assembly, freedom of the media, freedom of thought, conscience, religion and beliefs, freedoms which are enshrined in the Algerian Constitution and enshrined in the ICCPR, which Algeria has signed and ratified; condemns all forms of excessive use of force by law enforcement officials in dispersing peaceful demonstrations; reiterates its call on the Algerian authorities to carry out independent investigations into all cases of excessive use of force by members of the security forces and to bring all perpetrators to justice; calls on the Algerian authorities to honor Algeria’s international commitments under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

6.Notes the provisional release, since the adoption by the European Parliament of its resolution of 28 November 2019, of certain political activists, such as Karim Tabbou, opposition figure, or Mustapha Bendjema and Khaled Tazaghart ;

7. Urges the Algerian authorities to guarantee the existence of an area of ​​freedom vested in civil society which allows the holding of a genuine political dialogue and does not criminalize fundamental freedoms, by adopting new legislation fully compliant with the standards international law which does not provide for any illegal exception under international law, in particular with regard to the conventions ratified by Algeria, including the conventions of the International Labor Organization; stresses that this area of ​​freedom vested in civil society is essential for the emergence of a democratic Algeria ruled by civilians; regrets that foreign journalists continue to face administrative obstacles and obstructions in obtaining press visas allowing them to work in the country;

8.Recalls that respect for democratic principles and fundamental rights enshrined in the Universal Declaration of Human Rights is one of the human rights clauses included in the EU-Algeria Association Agreement of 2005 ; stresses that the current political transition must guarantee the right of all Algerians, regardless of their sex, geographical or ethnic origin and socioeconomic status, including Berbers, to participate fully in the democratic process and to exercise their right to take share in the management of public affairs, including reversing the trend of shrinking space for independent civil society, journalism and political activism;

9. Expresses concern about new restrictive laws, such as Law No. 20-06, which arbitrarily criminalizes the dissemination of “spurious information” sullying the honor of public officials and the funding of associations ; stresses that this law contains several provisions which violate international standards on freedom of expression and association, in particular Articles 19 and 22 of the ICCPR;

10. Urges the Algerian authorities to revise two restrictive laws, namely Law No. 12-06 of 2012 relating to associations and Law No. 91-19 of 1991 relating to public meetings and demonstrations, which establishes a regime of prior authorization, and to ensure that the competent administrative authority issues a registration certificate without delay to several charitable, religious, non-governmental and civil society organizations which have requested their re-registration;

11. Deplores the amendment made to the Algerian penal code in April 2020 which restricts freedom of the press, freedom of expression and freedom of association; urges the Algerian authorities to revise the penal code, and in particular its articles 75, 79, 95 bis, 98, 100, 144, 144 bis, 144 bis 2, 146 and 196 bis, to bring them into conformity with the ICCPR and the African Charter on Human and Peoples’ Rights, with a view to putting an end to the criminalization of freedom of expression, peaceful assembly and association;

12. Welcomes the fact that Articles 4 and 223 of the Constitution as revised strengthen the status of Tamazight as a national and official language; stresses that such declarations should not be used to ignore the structural problems facing Tamazight or to sow discord within the Hirak movement; calls on the Algerian authorities to preserve equal treatment before the law with regard to the use of Arabic and Tamazight; urges the Algerian government to repeal the ban on flying the Amazigh flag and immediately release anyone imprisoned for displaying Amazigh symbols;

13. Assures its support to Algerian lawyers and jurists who continue to do their utmost to ensure that the highest standards of justice are observed despite the context and the risks they run; calls on the Algerian authorities to fully guarantee the independence of the judiciary and the impartiality of the judicial system, as well as to cease and prohibit any restriction, undue influence, threat or interference with regard to court decisions or other matters judicial;

14. Calls on the Algerian authorities to guarantee both full accountability and democratic and civilian control of the armed forces, as well as the effective subordination of the latter to a legally constituted civilian authority, and to ensure that the role of the army is properly defined in the Constitution and explicitly limited to matters relating to national defense;

15. Urges the Algerian authorities to authorize the entry into the country of international human rights organizations and United Nations special procedures mandate holders;

16. Expresses concern at the administrative red tape experienced by religious minorities in Algeria, in particular with regard to Ordinance No. 06-03; urges the Algerian government to revise Ordinance No. 06-03 so that it complies with the Constitution and Algeria’s international human rights obligations, in particular Article 18 of the ICCPR; calls for respect for the freedom of worship of all religious minorities;

17. Expects the European Union to place the human rights situation at the heart of its dialogue with the Algerian authorities, especially at the next session of the EU-Algeria Association Council; calls on the European External Action Service (EEAS) to draw up and compile a list of specific cases of particular concern, including those mentioned in this resolution, and to report regularly to Parliament on the progress made towards provide a solution;

18. Calls on the EEAS, the Commission and the Member States, in cooperation with the EU Special Representative for Human Rights, to provide support to civil society groups, human rights defenders; man, journalists and demonstrators, including by being publicly firmer on the subject of respect for human rights and the rule of law in Algeria, by condemning, unambiguously and in a public manner, the attacks rights, urging the authorities to release victims of arbitrary detention and to end the excessive use of pre-trial detention, demanding access to detainees and observing the trials of activists, journalists and human rights defenders, as well as by closely monitoring the human rights situation in Algeria by all available means;

19. Underlines the importance that the European Union attaches to its relations with Algeria as a neighbor and a major partner; recalls the importance of maintaining close and strengthened links with Algeria and reaffirms its commitment to strengthening these links, on the basis of full respect for the common values, in particular human rights , democracy, the rule of law and media freedom;

20. Instructs its President to forward this resolution to the Vice-President of the Commission and High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the governments and parliaments of the Member States, to the European Union delegation in Algiers, to the Algerian government, to the United Nations Secretary General, to the United Nations Human Rights Council and to the Council of Europe.

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