ALGERIA. April Country Information and Policy Unit I. SCOPE OF DOCUMENT

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1 ALGERIA April 2000 Country Information and Policy Unit I. SCOPE OF DOCUMENT 1.1 This assessment has been produced by the Country Information & Policy Unit, Immigration & Nationality Directorate, Home Office, from information obtained from a variety of sources. 1.2 The assessment has been prepared for background purposes for those involved in the asylum determination process. The information it contains is not exhaustive, nor is it intended to catalogue all human rights violations. It concentrates on the issues most commonly raised in asylum claims made in the United Kingdom. 1.3 The assessment is sourced throughout. It is intended to be used by caseworkers as a signpost to the source material, which has been made available to them. The vast majority of the source material is readily available in the public domain. 1.4 It is intended to revise the assessment on a 6-monthly basis while the country remains within the top 35 asylum producing countries in the United Kingdom. 1.5 The assessment will be placed on the Internet ( An electronic copy of the assessment has been made available to the following organisations: Amnesty International UK Immigration Advisory Service Immigration Appellate Authority 1

2 Immigration Law Practitioners' Association Joint Council for the Welfare of Immigrants JUSTICE Medical Foundation for the care of Victims of Torture Refugee Council Refugee Legal Centre UN High Commissioner for Refugees 2

3 CONTENTS I SCOPE OF DOCUMENT II GEOGRAPHY III HISTORY Origins of Algeria Rise of the FIS Elections of Presidential Elections of Elections of June Events of Presidential Elections of April Events of Events of Economic situation IV INSTRUMENTS OF THE STATE Political Situation Security Forces Military Service Background Registration Selection 4.14 The Reserve Exemptions Deferments Legal Framework V. A: HUMAN RIGHTS: GENERAL ASSESSMENT Security situation A.1 - A.3 Security forces A.4 - A.7 3

4 Militias - "Patriots" A.8 Armed Islamic Groups - Terrorists A.9 - A.13 Missing People A.14 - A.17 V. B: HUMAN RIGHTS: SPECIFIC GROUPS Children B.1 - B.3 Women B.4 - B.9 Ethnic groups B.10 - B.14 Religious Groups B.15 - B.16 Military Service Desertion B.17 Absence Without Leave B Threats From Terrorists B.21 Homosexuality B.22 UNHCR Guidelines on Algerian Asylum Seekers B.23 V. C: HUMAN RIGHTS: OTHER ISSUES Freedom of Association C.1 - C.5 Freedom of Assembly C.6 - C.7 Freedom of Speech and Press C.8 - C.13 Freedom of Travel C.14 - C.16 ANNEX A: PROMINENT PEOPLE ANNEX B: CHRONOLOGY ANNEX C: GLOSSARY 4

5 ANNEX D: POLITICAL PARTIES ANNEX E: POLITICAL PARTIES DISSOLVED IN MAY 1998 ANNEX F: MAIN ISLAMIC MILITIAS ANNEX G: MAIN NEWSPAPERS ANNEX H: AMNESTY BILL ANNEX I: BIBLIOGRAPHY 5

6 II GEOGRAPHY 2.1 Algeria is the largest of the three countries which make up the Maghreb. It is on the western Mediterranean coast of Africa, and is surrounded by Morocco, Mauritania, Mali, Niger, Libya, Tunisia, and the disputed Western Sahara territory. [2a] The official name for Algeria is The Democratic and Popular Republic of Algeria. The Capital is Algiers. The other principal towns are Oran, Constantine (Qacentina), Annaba and Blida (el- Boulaida). The area of Algeria is: 2,381,741 square Kilometres. (919,595) square miles, most of which is in the Sahara desert. [1] 2.2 The population is estimated to exceed 29 million. The capital, Algiers has the highest population concentration with about 2 million people. [1] 2.3 The majority of the population is Islamic - Sunni. There are a small number of Christiansabout 150,000. The official language is Arabic, but French is widely spoken. The Berber language is also spoken, particularly in the Kabylie and Aures mountain regions. The Berbers are the original inhabitants of Algeria and make up approximately 17% of the total population. [1] III HISTORY A. ORIGINS OF ALGERIA 3.1 The area of North Africa which is now Algeria was originally inhabited by the Berber people. An Arab invasion in the seventh century introduced new settlers, imposed Arab culture on the Berbers and introduced Islam to the area. After a brief period of Spanish rule in the early 16th century, the area was placed under the protection of the Ottoman Sultan. [1] 3.2 Algeria was conquered by French forces in the 1830s and annexed by France in For most of the colonial period, official policy was to colonise the territory with French settlers, and many French citizens became permanent residents. [1] [2] 3.3 On 1 November 1954 the principal Algerian nationalist movement, the Front de Libération Nationale (FLN), began a war of national independence, in the course of which about 1 million Muslims were killed or wounded. Despite resistance from the Europeans in Algeria, the French government agreed to a cease-fire in March 1962 and independence was declared on 3 July A new government was formed (from a single list of FLN candidates), with Ahmed Ben 6

7 Bella, founder of the FLN, as Prime Minister. As a result of the nationalist victory, about 1 million French settlers emigrated from Algeria. [1] 3.4 A draft Constitution, providing for a presidential regime with the FLN as the sole party, was adopted by the Constituent Assembly in August In September the Constitution was approved by popular referendum and Ben Bella was elected President. However, the failure of the FLN to function as an active political force left the real power with the bureaucracy and the army. In June 1965 the Minister of Defence, Col Houari Boumedienne, deposed Ben Bella in a bloodless coup and took control of the State as President of a Council of the Revolution, which was composed of 26 members, chiefly army officers. [1] 3.5 In June 1975 Boumedienne announced a series of measures to consolidate the regime and enhance his personal power, including the drafting of a National Charter and a new Constitution, and the holding of elections for a President and National People's Assembly (NPA). A referendum was held in June 1976, at which the Charter was adopted by 98.5% of the electorate and which maintained Islam as the state religion and planned for a socialist system. In November 1976 a new Constitution (incorporating the principles of the Charter), was approved by another referendum, and in December Boumedienne was elected President unopposed, winning more than 99% of the votes cast. [1] 3.6 The regime's programme of rapid industrialisation, building up giant State corporations and industrial complexes, was financed by Algeria's rising oil revenues and by borrowing heavily on the basis of future oil income. At the same time, an agrarian revolution accelerated the pace of rural migration to the towns and transformed Algeria's primarily agricultural society into one which was highly urbanised. [1] 3.7 In December 1978 President Boumedienne died, and the Council of Revolution took over the Government. An FLN Congress in January 1979 adopted a new party structure, where a Committee would choose a party Secretary-General, who would automatically become the sole presidential candidate. The Committee's choice of Col Benjedid Chadli, commander of Oran military district, as presidential candidate was endorsed by a national referendum in February, and was considered as a compromise between liberal and radical aspirants. In January 1984, Chadli's candidature was endorsed by 94.5% of the electorate.[1] 3.8 Boumedienne's rigid socialist economic policies had made the agricultural and industrial sectors unproductive and inefficient, had increased inflation and unemployment, and had brought about a large foreign debt. In 1986, international oil and gas prices collapsed, exacerbating Algeria's economic problems; imported foodstuffs and spare parts became expensive. [1] 7

8 3.9 A wave of strikes and riots culminated in considerable bloodshed, when street demonstrations were suppressed by the armed forces in October A state of Emergency was declared and President Chadli decided to embark on a programme of constitutional reform. This included allowing independent candidates to contest elections but forbade the formation of new parties. It also included limited proposals for educational and economic reform. In February 1989 a multi-party constitution was imposed. [1] B. RISE OF THE FIS 3.10 Early 1990 saw demonstrations against police brutality, for and against the traditional Islamic role of women, for the teaching of the Berber language, and against brothels and alcohol. Meanwhile the Front Islamique de Salut (FIS - Islamic Salvation Front), established in 1989, had emerged as the largest and most influential opposition movement, capable of developing a nation-wide organisation based on mosques and Islamic organisations. It's promise of social justice and its grass-root welfare services appealed strongly to the urban poor and unemployed. In April 1990, the party's supporters demonstrated in Algiers, demanding the dissolution of the National People's Assembly and the introduction of Shari'a law (the Muslim code of religious law). In local elections in June 1990, the FIS gained control of 32 of Algeria's 48 provinces and 853 of the 1,539 municipalities, winning a landslide victory in all major cities. [1] [4a] 3.11 In July 1990 Chadli acceded to the demands of the FIS for an early general election, announcing that it was to take place in early In August 1990 a general amnesty permitted the release of thousands of "political" prisoners, and in September the former President, Ben Bella, was allowed to return from exile. In December 1990 the National People's Assembly adopted a law providing that, after 1997, Arabic would be Algeria's only official language and that use of French and Berber in schools and in official transactions would be punished by substantial fines. In response, more than 100,000 people demonstrated in Algiers against political and religious intolerance. [1] 3.12 In March 1991 the main trades union, the Union Générale des Travailleurs Algériens (UGTA), called a two-day general strike to protest against the Government's economic policies. In response, the Government announced a series of new measures to improve economic efficiency and alleviate hardship. It was announced, in April 1991, that elections to the National People's Assembly would be held on 27 June, and at the same time major changes to the electoral system were proposed. These included restrictions on campaigning in mosques and increases in 8

9 the number of constituencies - moves designed to tilt the electoral process against the FIS and in favour of the FLN. [1] [3a] 3.13 After protests about the new electoral law and a call by the FIS for a general strike, the Government declared a State of Siege and suspended the elections indefinitely. A curfew was imposed and tanks were deployed in Algiers. The army was brought in to search buildings and to prevent strikes and the distribution of subversive literature, and troops began to remove FIS literature from municipal buildings. During the widespread unrest which followed, the leaders of the FIS, Abbasi Madani and Ali Belhadj, were arrested with several thousands of their supporters. The Prime Minister announced that Madani and Belhadj would be tried for "fomenting, organising, launching and leading an armed conspiracy against the security of the State". In October, the dates for general and presidential elections were set as 26 December for the first round, and 16 January 1992 for a second round in those constituencies where there was no outright first round winner. [3a] C. ELECTIONS OF The Government refused to allow the detained FIS leaders to stand for election from prison, and for a time it seemed that the FIS would not take part. But in the event, the elections were contested by a total of 5,607 candidates from more than 50 major parties, including the FIS and 1,060 independent candidates including some women. In the first round the FIS won 188 seats outright, the FLN 15, the mainly Berber Front des Forces Socialistes (FFS) 25, and independents 3. This left the FIS needing victory in only 28 of the 199 seats where a second round of voting was needed in order to secure an absolute majority. [3a] 3.15 President Chadli indicated that he was willing to share power with an FIS government, but the Army would not accept this. On 4 January 1992, the National People's Assembly was dissolved by presidential decree and on 11 January President Chadli, apparently under intense pressure from military leaders resigned. Security forces took over key installations in Algiers, and Prime Minister Sid-Ahmed Ghozali confirmed that the army had been asked to maintain public order and safeguard security. The Higher Security Council appointed the President of the Constitutional Council, Abdelmalek Benhabyles, interim President for 45 days and cancelled the second round of the elections. [3a] 3.16 On 13 January, the Higher Security Council took power following a decision by the Constitutional Council that Chadli's resignation had left a constitutional void. The following day, a High Council of State was created to take over the functions of the Presidency until the end of 9

10 1993 (when Chadli's term of office would have expired) at the latest. The President of the High Council of State was Mohammed Boudiaf, a hero of the war of independence, who had quarrelled with Ben Bella and had been in exile in Morocco since All gatherings, including public prayers, were banned from the streets around mosques and various violent incidents followed including bombings and the shooting of crowds gathering for Friday prayers. [1] [3a] 3.17 Violent clashes occurred across the country over the weekend of 8 and 9 February 1992, between police and FIS supporters. Detention centres were opened in the Sahara, and the FIS claimed that 150 people were killed, and as many as 30,000 detained since the militarysponsored take-over. The Government declared a State of emergency and the FIS was dissolved. The dissolution was confirmed by a court order in early March and, following an appeal from the FIS, re-confirmed by the Supreme Court. The Government also dissolved 411 FIS-controlled local and regional authorities. [1][3a] 3.18 After the outlawing of the FIS, the Islamic opposition became fragmented and increasingly radicalised. A political vacuum was created which was increasingly filled by armed Islamic groups operating autonomously across the country, united only in their opposition to the regime. Insurgents targeted key parts of Algeria's economic infrastructure, and killed security personnel, politicians, civil servants, intellectuals and, since 1993, foreigners. [3a] 3.19 In April 1992, a 60-member National Consultative Council (NCC) was nominated to advise the High Council of State on new legislative decrees, and in June, Boudiaf launched the "rassemlement politique", a new political grouping which by-passed existing parties in a move to broaden the regime's support. [3a] 3.20 On 29 June 1992 Boudiaf was assassinated, while making a speech in Annaba, by a member of his bodyguard. Ali Kafi, the President of the Veterans Association and a member of the High Council of state, was appointed to succeed him, and Abdesselam Belaid became Prime Minister when Ghozali and his government resigned shortly afterwards. In mid-july, Madani and Belhadj were sentenced to 12 years imprisonment, and in the ensuing demonstrations 4 people were killed and 14 injured. [3a] D. EVENTS SINCE The mandate of the High Council of State, which was appointed to operate as a collegiate presidency following the abandonment of democracy in 1992, was scheduled to expire in December In October 1993, an eight member National Dialogue Commission (NDC) was announced, with a view to organising a gradual transition to an elected government. The 10

11 Commission proposed to hold a national dialogue conference on 25 and 26 January 1994 to choose a new collective leadership. The NDC recommended that FIS members who renounced violence and criminal activities should be allowed to participate, but FIS leadership vetoed any contact with the military backed regime. In fact, of the major political parties, only Hamas participated in the conference, the rest choosing to boycott it. Subsequently, the High Council of State nominated the Defence Minister, Liamine Zeroual as the new president.[1] 3.22 In August 1994 members of the political parties the National Liberation Front (FLN) Algerian Renewal Party (PRA), Movement for Democracy in Algeria (MDA), Ennahda and Hamas participated in national dialogue with the Government. Around this time Abbasi Madani, co-leader of FIS, wrote to the president, apparently offering a truce, and called for the rehabilitation of FIS, the lifting of the state of emergency, and a general amnesty before the beginning of negotiations. In mid-september 1994, Madani and Belhadj were released from prison and placed under house arrest. However, FIS did not join the next round of dialogue. [1] 3.23 Throughout 1994, violence in Algeria escalated with daily attacks by the Islamic extremists on government officials, judges, politicians, intellectuals, journalists and teachers. Assassinations of foreign nationals led to most embassies in Algeria advising their citizens not to travel to Algeria, and those in Algeria to leave immediately. Algerian security forces intensified their campaign against armed Islamic groups and reports suggested that air attacks, punitive raids, and torture had been used in an attempt to eradicate the terrorists. [1] 3.24 In November 1994, talks known as the "Sant Egidio" meeting were held in Rome with the purpose of exploring possible solutions to the Algerian crisis. Although the Algerian regime declined to send a representative, there was nevertheless an impressive turnout of opposition leaders, including a representation from FIS. The proceedings called on the parties to begin a genuine dialogue and appealed for new elections. Anouar Haddam, the FIS representative, stressed his party's support for a multi-party system and insisted that FIS had every intention of respecting the constitution. In January 1995, there was a second meeting of Algerian opposition leaders, with representatives from, notably, the FFS, FLN, Ennahda, MDA and the FIS. They called again for the elections to be held. The reaction of the Algerian regime to these meetings was negative; and instead in late January 1995 it published proposals for the holding of a presidential election in 1995.[1] 3.25 In the meantime the violence continued and, if anything, worsened in early On 30 January a car bomb, for which GIA claimed responsibility, exploded opposite Algiers central police station killing more than 40 and injuring over 100 people. In early March, more than 100 FIS/GIA prisoners, and several prison guards, were killed during a mutiny at Serkadj prison, and 11

12 some reports at the end of March suggested that 300 terrorists and security personnel had been killed over the space of one weekend. [1] E. PRESIDENTIAL ELECTIONS OF Presidential Elections were held in Algeria on 16 November As expected, the FFS and FLN, the two main legal parties in the country, boycotted the proceedings with the result that there were only four candidates : President Zeroual (backed by the military); Sheik Mahfoud Nahnah (Hamas Islamic Party); Said Saadi (anti-islamic, Rally for Culture and Democracy- RCD leader) ; and Noureddine Boukrouh (Islamic moderate). [1] 3.27 Despite a considerable number of threats made by the various armed Islamist groups to anyone choosing to vote, the official turnout figure was given as 75%. Unsurprisingly, President Zeroual comfortably won the election with 61% of the vote; his nearest rival Sheik Nahnah won 25%. Zeroual's victory together with the high turnout figure was described by the regime as a genuine mandate. [1] 3.28 On 28 November 1996 constitutional amendments were approved by the referendum. Official sources stated that 79.8% of the electorate participated in the referendum, of whom 85.8% voted in favour of the changes. However, a number of opposition parties disputed the results, claiming that the Government had manipulated the figures concerning the rate of participation and the votes cast in favour. [1] 3.29 In December 1996 the Council of Government chaired by the Prime Minister Ahmed Ouyahia endorsed the draft decree on the law regulating political parties. This aimed to clarify the principles and objectives of political parties, and became law in February 1997.[4a] The most important of these was that parties were not to identify themselves specifically with the causes of Islam, Arab or Amazigh (Berber). The criteria governing the setting up of political parties was also defined. [14a] 3.30 In March 1997 supporters of President Zeroual set up the National Democratic Rally (RND) to run in the 5 June legislative election. [1] In April Algeria's main legal Islamist party Hamas changed it's name to Movement of a Peaceful Society, in order to conform to the new law banning Islamic political parties. [14b] 3.31 The violence continued into the end of 1996 and the beginning of 1997 with numerous reports of bomb explosions including car bombs in the main cities and fighting between government security forces and Moslem guerrillas. [1] [4a] 12

13 F. THE ELECTIONS OF JUNE The turnout was officially recorded as 65%. The National Democratic Rally seen as a major supporter of President Zeroual won 155 seats meaning that they were the dominant party in the National Assembly. The moderate Islamist Movement of a Peaceful Society won 69 seats and the National Liberation Front won 64. These parties formed the coalition government. [1] 3.33 In July 1997 FIS chief Abassi Madani was released. However by September he was under house arrest. The violence continued with bombings and reports of civilians being massacred by armed groups. [1] 3.34 In October 1997 the AIS, the armed wing of the FIS, led by Madani Mezrag, declared a truce. [1] 3.35 Local elections of were held on the 23 October 1997, and were won by the National Democratic Rally.[1] In October and November Algeria's main legal opposition groups organised demonstrations to protest about what they considered to be fraud in the local elections. [1] The six parties were the secularist Rally for Democracy and Culture (RCD), the Socialist Forces Front (FFS), the Islamist Movement of a Peaceful Society (MPS), Islamist Nahda, the moderate Islamist Algerian Renewal Party (PRA) and the left-wing Worker's Party. Police used force against the protestors and some demonstrators were beaten with batons. [14c] On 25 December 1997, members of the Municipal and Provincial People's Assemblies in all provinces elected two thirds of the members of the Council of the Nation, the second chamber of parliament. The RND won most seats- 80, followed by the FLN with 10 seats. The remaining third seats were appointed directly by President Zeroual. [14d] G. EVENTS OF Press reports in January 1998 indicated that as many as 2,000 people, mainly civilians, died in a succession of massacres during the holy month of Ramadan, which commenced on December In one incident, on 4 January, it was reported in various press agencies that 400 civilians were killed in the Relizane region, some 240 Km from Algiers, the Algerian Government reported the number of dead as 78. The National Human Rights Monitoring Group (ONHD) stated in a report that the violence in Algeria resulted in 4,643 deaths in 554 attacks in 1997, whilst 706 people went missing. [15a] [17a] 13

14 3.38 On 10 February 1998 it was announced that four other armed Algerian fundamentalist organisations, the Ansar Battalion and the Mawt Battalion, the Rahman Battalion and the Islamic League for the Call and the Jihad [Lidd] had joined the truce announced by the AIS, in October [14e] Although the truce called by the AIS and several other smaller Islamic militias appears to be holding, the violence still continued in the early part of 1998, with a number of fatal bomb explosions. [1] 3.39 An executive decree was signed by Algeria's Health Minister on 5 May allowing women who have been raped by suspected Moslem rebels to have abortions. It was reported that the decree was signed on the grounds that the Algerian constitution entitled women to abort when their pregnancies put "their mental and physical health in danger" (see section on Women) political parties were dissolved on 19 May 1998 for failing to abide by the new rules on political parties (see paragraph 3.29). The most prominent political parties dissolved were Ettahadia (Arabic anacronym for Solidarity, Progress and Democracy), the Democratic Movement for Algerian Renewal, the Union of Democratic Forces, and the Liberal Social Party (see Annex E for full list). [14g h] 3.41 Matoub Lounes, a popular Berber singer, was killed and his wife and 2 sons were wounded at a false roadblock on 25 June. The GIA claimed responsibility for the killing. [4b] Rioting in Berber towns developed. with protesters claiming the Algerian regime were the murderers. His funeral on 28 June was attended by 50,000 to 100,000 mourners and initiated further demonstrations. [15b] 3.42 On 5 July a law was implemented generalising the use of Arabic in enterprises and public departments, except in dealings with the outside world which will be directed by the requirements of International transactions. The articles of Law 96 stipulate that all written correspondence of administrations, enterprises, associations, and political parties be in Arabic. The law has been condemned by numerous political parties and led to a protest march by thousands of Berbers, led by leaders of the FFS (Socialist Forces Front), to demand official recognition of their Tamazight language. [15c] The United Nations Human Rights Committee called on the law to be reviewed as to remove the negative consequences that it produces. [5a] 3.43 In July and August 1998 an Eminent Panel appointed by the Secretary General of the United Nations Visited Algeria to gather information on the situation to provide the International Community with greater clarity on that situation. In their concluding observations the Panel stated, amongst other observations, that Algeria deserved the support of the international 14

15 community in its effort to combat terrorism but that the Algerian authorities should examine measures to improve the transparency of their decisions. [5b] 3.44 President Zeroual announced on 11 September that he would leave office before his term ended officially in November 2000 and hand over power after presidential elections in April [15d] A National Independent Committee for the Monitoring of the Presidential Election (CNISEP) was created by the President in January 1999 to be the final arbiter in any allegations of fraud and draw up recommendations to combat election corruption. [15e] H. Presidential elections, 15 April Following President Zeroual's resignation, Presidential elections were held on 15 April. Abdelaziz Bouteflika was proclaimed as the new President on April 16 after winning 73.8% of the votes. His victory was badly tainted, however, by the decision of all the other candidates in the poll to boycott the election several days before it took place. The six candidates who would have competed with Bouteflika said that the military, which had backed Bouteflika's candidacy, had intervened to rig the ballot in his favour. [16a] Official Results of Algerian Presidential election Candidate Votes cast % of votes cast Abdelaziz Bouteflika 7,400, Ahmed Talib 1,300, Ibrahimi Abdallah Djaballah 398, Hocine Ait Ahmed 319, Mouloud Hamrouche 312, Mokdad Sifi 226, Youssef el-khatib 123, Total 10,078, The Government claimed that as over 60% of the electorate had voted in the election despite the boycott, Bouteflika had achieved a mandate to govern. However, local and international observers disputed the voter turnout figure, contending that the real figure was substantially lower. The Middle East Economic Digest of April 30, citing an opposition spokesman, reported that leaked information from the Interior Ministry indicated that the 15

16 actual turnout was 23.3 % which was widely believed to be credible. The opposition held demonstrations in major cities across Algeria to protest against the election. [16a] I. EVENTS OF The Islamic Salvation Army (AIS), the armed wing of the banned political party Front Islamique du Salut (FIS), declared an end to their guerrilla struggle against the Government on June The AIS had been observing an unilateral cease-fire since October 1997, a move seen as taken to distance itself from the Armed Islamic Group (GIA), which is widely blamed for horrific massacres of thousands of Algerian civilians. [16b] 3.48 In response to the AIS ending their struggle, President Bouteflika promised the rebels an amnesty for the AIS and it's supporters. The Algerian Government approved a draft amnesty law and submitted it as part of the National Harmony Law to Parliament at the beginning of July (see Annex H for details of the bill). [14j k l] On July 4 President Bouteflika announced the pardon and release of about 2 thousand people imprisoned for terrorist and subversive activities against the Government. [14m] 3.49 The draft National Harmony Law was agreed by the Algerian Parliament with no votes being cast against the motion. However, before the bill became legislation, President Bouteflika announced a referendum for September 16. The President stated that if the result of the referendum was "no" then he would resign.[16c] 3.50 In August President Bouteflika, claiming to act on promises to reform the economy, stamp out corruption and create jobs, sacked nearly half of Algeria's provincial governors and set up a committee to reform the judiciary. [16d] 3.51 In the run-up to the referendum, terrorist groups increased their attacks in an attempt to scuttle the peace-process. It was estimated that over 140 civilians were killed in August [16d] 3.52 The Referendum was held on 16 September whereby the voters were asked the question "Do you agree with the Presidents approach to restoring peace and civil accord?". According to official figures 85.06% of 17.5 million eligible voters voted and those who voted yes in the referendum totalled million or 98.63%. [16e] 3.53 In November Abdelkader Hachani, a leader of the FIS, was killed in Algiers, sparking fears of a breakdown in the fragile peace process. No one claimed responsibility for the killing. [16f] In December a suspect was arrested. [16g] 16

17 3.54 Also in December President Bouteflika appointed a new government headed by Ahmed Benbitour as the4 new Prime Minister. Seven political parties are represented in the new coalition government: RND, FLN, MSP, Ennadha, RCD, ANR and PRA. [16g] (see Annex C Glossary and Annex D Political Parties) H. EVENTS OF More than 180 people were killed during the holy month of Ramadan ending on January 8 th. This was a similar total to the previous year's Ramadan and much lower than that of January 1998 when more than 1200 people died. [16h] 3.56 The amnesty deadline for armed terrorist groups expired on 13 January. Just before the deadline the AIS leader Madani Mezreg announced that the AIS would dissolve itself. In return on 11 January the president announced an immediate amnesty for all AIS members. It was reported that the Algerian army command had agreed to arm the AIS members and treat them like regular soldiers. The Salafist Group for Preaching and Combat (GSPC) led by Hassan Hattab at first appeared to be taking advantage of the amnesty but it was reported that some elements of the Group intended to continue their armed activities. [16h] There were unconfirmed reports of Hattab's death. [16hi] The Islamic League for Preaching and Holy War (LIDD) also announced its dissolution in January according to the Algerian Press. [16h] 3.57 Following the deadline the army mounted military operations against the remaining rebels. [16h] Rebel groups also carried out attacks against the population mainly in areas away from main towns. [16h] H. ECONOMIC SITUATION 3.58 The UN Development Programme (UNDP) revealed in its report of July 1999 that the daily income of about 23% of the Algerian population, equivalent to 6 million people, was less than 2 (US) dollars. Meanwhile 20% of the richest section of the Algerian society held 50% of the national revenues. The report also noted that Algeria's foreign debts were more than 32bn dollars, representing 69% of the GDP. [14n] 3.59 Algeria is a middle-income country; annual per capita income is approximately $1,600. The economy is slowly developing from a heavily state influenced system to a market-orientated system. The Government has implemented stabilisation policies and some structural reforms. 17

18 However, privatisation of state enterprises has just begun and there has been little progress with reform of the banking and housing construction sectors. Uncompetitive and unprofitable state enterprises make up the bulk of the non-hydrocarbon industrial sector. The state-owned petroleum sector's output represented about a quarter of national income and about 96 percent of export earnings in The agricultural sector, which produces grains, fruit, cattle, vegetables, and poultry, makes up 10 to 12 percent of the economy. [4c] 3.60 Algeria had an international current account deficit of $500 million at the end of This compares to a $1,352 surplus in It is expected the deficit will increase this year because of slower export growth, and because of lower energy prices. Foreign investment is increasing, and official sources claim that foreign investments in the industrial sector, excluding hydrocarbons, would reach 1 billion dollars in [1] [4c] [10] Algeria's foreign debt in 1999 was lowered for the first time since 1993, although it remains very high at $ billion. [18a] 3.61 Unemployment is high. Official estimates put the figure at 2.26 million people, 28 per cent of the labour force and 70 percent of people without work are under the age of 30. [12] An independent report published in 1998 identified the informal economy as the most dynamic sector, accounting for over one-third of non-agricultural employment and one-fifth of household income. [1] 3.62 President Bouteflika vowed drastic action to speed up Algeria's privatisation programme, fight corruption and reform the judiciary to switch the country into a market economy. He stated that only efficient public sectors industries would be allowed to remain as part of his plan to speed up the privatisation programme started in [14o] 3.63 Although Algeria has a social security system offering financial support for medical expenses as well as unemployment benefits, in practice, the system leaves much to be desired. [12] TO CONTENTS PAGE 18

19 IV INSTRUMENTS OF THE STATE POLITICAL SITUATION 4.1 The President is the head of state, who is elected by universal suffrage for a five year term. The President is also responsible for appointing a Prime Minister. The Parliament has an elected lower chamber - the National Popular Assembly (APN), and an upper chamber, the National Council, where two thirds of the representatives are elected by municipal and provincial councils, while the remaining third are appointed by the President. Laws originate in the lower house, and must be approved by three quarters of both the upper and lower chambers. Algeria is a multi -party state, but parties must obtain approval to exist from the Ministry of the Interior. The country is divided into 48 electoral sections or wilayats, which are then divided into communes. Each wilayat and commune has an elected assembly. [1] [4c] 4.2 Ex-President Zeroual was elected in a presidential election in November This was contested by the three opposition candidates representing different viewpoints. A referendum to change the constitution was called in November % of the voters approved the proposed changes. The preamble to the Constitution stipulated that the "fundamental components" of the Algerian people are "Islam, Arabism and Berberism". The concept of "party" was recognised, but parties created on a "religious, linguistic, racial, gender, corporate or regional" basis were prohibited. Other changes in the constitution included the Presidential term was limited to 2 for the same office-holder; the President was allowed to legislate by decree when the National Assembly is not in session and in emergency situations; and a bicameral system was introduced with a National People's Assembly whose members are elected to a direct vote and a Council of the Nation. [1] [4c] 4.3 The first parliamentary elections since 1992 (when the elections were cancelled to prevent the Islamic Salvation Front (FIS) gaining power) took place on 5 June The pro government RND obtained the largest percentage of votes. International organisations and observers were deployed under the co-ordination of the United Nations and the overall consensus was that the election was adequate, although the observers did report an inability to fully observe the proceedings because of the high level of security. [4b] 4.4 In elections held on 15 April 1999, Abdelaziz Bouteflika was elected as the new President winning 73.8% of the votes. His victory was tainted, however, by the decision of all the other candidates in the poll to boycott the election several days before it took place. He stated his aims were to promote civil concord, reform the economy and stamp out corruption. [15f] The President has also indicated that he would like to reform the present constitution and 19

20 may hold a referendum later in 2000 on changes to give more power to the president and the executive branch. [18b] SECURITY FORCES 4.5 The armed forces number 122,000, comprising the army, (122,000 including 75,000 conscripts) air force(10,000) and navy (7000). [1] The paramilitary forces comprise 146,200, including an estimated 100,000 self-defence militia and communal guards and a gendarmerie of Figures as at August [1] 4.6 Since 1994 the authorities have encouraged civilians to form armed militias, defined as "groups of legitimate defence" or "Patriots". In January 1997 the Prime Minister signed a decree which brought these militias onto an official footing. The decree did not they could use force and firearms in the case of "aggression or attempted aggression". On 21 January 1998 the Prime Minister Ahmed Ouyahi said that more than 100 new patriot groups would be set up in 1998 to help the army. The security forces equip these militias with arms including pistols and rifles. [6a c] BACK TO CONTENTS MILITARY SERVICE 4.7 The National Service Charter (NSC) separates national service into a military component and a civil component. The charter stipulates that "all Algerians called up for national service shall undergo military training before being assigned to economic, administrative, social, cultural, or national defence tasks". The principle of working for the nation is thus an integral part of national service. It has been reported that because of the current state of emergency in Algeria, the civil component of national service has virtually disappeared, only a selected few are assigned to public administration duties after completing their professional training. It was reported in 1994 that conscripts made up half the members of the national people's army (Armée nationale populaire-anp) and were "on the front lines in the fight against armed Islamist groups". Since 1997, conscription drives are on the decline due to the creation and functioning of the village civil militia. [6b] [8e] [19] 4.8 Male Algerians are normally due for conscription at the age of 18. The National Service Charter (NSC) of 1974 provides for two years of national service which was reduced to 18 months by article 1 of law no of 12 December 1989, which came into effect on 15 January In addition, it has been reported that the Algerian government announced its intention of further amending the law by the end of 1998 in keeping with President Zéroual's 20

21 electoral platform; the president had made a commitment to reduce the length of national service. In May 1998, then Prime Minister Ahmed Ouyahia promised that the national service law would be amended by the end of However, since no bill amending the national service has yet been tabled in parliament or otherwise made public by the government, the details of the amendments are not known. It is expected that the amendments will at least reduce the period of national service from 18 to 14 or 12 months. [6b] [8e] [19] 4.9 The national service, its length and even its very existence are currently being debated in Algerian society. Senior Algerian army officers stated on several occasions to the Canadian Embassy in Algiers that national service has become less useful to the armed forces. Several reasons were given for this state of affairs: the complexity of defence systems, the social disturbances caused by enlistment, and the fight against terrorism. Military leaders believe that a professional volunteer army would be of a higher standard. Army circles are reportedly discussing the possibility of abolishing national service, but the intentions of the government in this regard are unclear [8e] 4.10 Article 8 of the NSC states that citizens whose national service status is not in order are ineligible for jobs in both the public and private sectors. In addition, in 1994, the government announced measures designed to "increase the efficiency of conscription". In accordance with these measures, Algerians who wanted to obtain a passport or an identity card had to submit a document attesting that they had been registered for national service or granted a deferment or exemption. Similarly, young Algerians applying for a job in the private or public sectors had to submit proof that their military service status was in order. In January 1997, the Prime Minister Ahmed Ouyahia, ordered state organisations to verify the national service status of their employees. Employees who had not met their national service requirements would not have the right to work. [8e] Registration 4.11 Articles 43 to 62 of the NSC deal with the various procedures governing national service recruiting. According to the law, one month before the registration period, the wali, through a media and poster campaign, calls on the young men concerned to register for national service. Young men who turn 18 in a given year must register with the people's community assemblies in the communities where they live. For example, in January 1996, an Algiers radio station broadcast a message from the National Service High Commission calling on citizens born between 1 January and 31 December 1978 to register for national service in accordance with the law. The individuals concerned had to register no later than 31 21

22 March 1996; to do this, they or their guardians had to go to the authorities of the municipality where they lived. The message stated that those who did not register would be automatically enlisted. [6b] [8e] 4.12 The NSC stipulates that the chairperson of the people's community assembly shall, between 1 January and 1 March, tabulate the names of all those who register. The wali then sends a copy of the tables to the recruitment office. Each registrant is placed in a category according to whether, among other things, he is a son who is the sole support of [translation] "an ascendant or a young or disabled collateral relative," a son or brother of a chahid (a man killed during the war of independence), a son or brother of a soldier, a married man with a child, the holder of a pre-military diploma cum laude or summa cum laude, or a bachelor who is a secondary support of a family of five young children. [8e] 4.13 In 1994, the Algerian government announced a number of measures dealing with conscription, including the creation, in each community, of a [translation] "permanent cell" responsible for handling registrations, deferments, exemptions and postponed enlistment's. [8e] Selection 4.14 Those registered are summoned to selection and orientation centres. Articles of the NSC include provisions dealing with severely handicapped people, who are exempted from going in person to a selection and orientation centre. At the selection and orientation centre, those registered are given a medical check-up and are classified as fit, temporarily unfit or permanently unfit for national service. It is possible for a person to be deemed unfit for the military component of national service, but fit for the civil component. Article 76 states that candidates suffering from grave and irreversible physical or psychological conditions are considered to be permanently unfit for service. Those classified as permanently unfit are released from their military obligations. [6b] [8e] 4.15 The conscription orders are sent by the recruitment offices to the people's community assemblies, who must forward them to the individuals concerned at least two weeks before the scheduled enlistment, with a request for an acknowledgement of receipt. If a person is not at home, the conscription order is delivered to his immediate relatives or to the chairperson of the people's community assembly. Each call-up notice has a code referring to a general computer file at the recruitment office of the army. Algerian diplomatic missions can authenticate the code and provide information on the validity of the document. It has been stated that there are many false call-up notices currently in circulation and it is very difficult 22

23 to distinguish valid documents from fraudulent ones. Only the authentication of the code on the call-up notice can validate or not a call-up notice for military service. [8d e] The Reserve 4.16 Order of 9 December defines the reserve as being "constituted of all citizens who have finished their active service and are subject to military obligations". Thus, the reserve includes "retired regular and contractual soldiers who were released from the army at their request, as well as all those who have fulfilled their national service obligations". Article 27 excludes certain categories of people: "individuals convicted of criminal offences, and individuals convicted of endangering state security or encouraging desertion or absence without leave". According to order of 9 December 1976, the military obligations of Algerian citizens last 27 years and consist of four stages: 1) national service (two years); 2) availability (five years); 3) first reserve (ten years), and 4) second reserve (ten years). A person who ignores a reserve call-up that includes him may be convicted of being absent without leave. [8e] 4.17 According to a press report, decree ordered a call-up of reservists on 27 May It was the first time since the war of independence ended in 1962 that reservists were being called upon to take part in resolving the country's internal problems. Under this decree, the classes of 1988, 1989, 1990 and 1991 were recalled to serve for a one-year period. Abderrahmane Meziane-Cherif, who was the interior minister at the time, stated that the government planned to recall up to 15,000 reservists to maintain security during the 1995 presidential elections. The decree had no provision for keeping the reservists in service beyond the one-year period. However, in 1996 the government issued decree No , which stated that "reservists recalled [under the 27 May 1995 decree] can be maintained in active service beyond the recall period". In addition to maintaining these reservists in active service, the government reportedly recalled another 10,000 reservists who had done their national service four to eight years earlier. [8e] 4.18 It was also reported that in the fall of 1997, the government once again extended the term of reservists in active service in order to maintain security during the October 1997 municipal elections. Decree No of 18 July 1998 announced that another recall of reservists would start on 20 September This decree affected the following classes: 23

24 1992/4, 1993/1, 2, 3 and 4, and 1994/1, 2 and 3. The recall was for one year, but the 1998 decree, unlike the 1995 one, contained a provision allowing for extensions. [8e] Postponed Enlistment 4.19 Article 90 of the NSC states that there are two categories of people who are eligible for a postponed enlistment: those who have a brother who is a volunteer soldier or a conscript in the national service and has not yet finished his term of service, and those who present a "socially significant" reason. The postponement ends when the circumstances justifying it cease to exist. [8e] Exemptions 4.20 Some people can obtain an exemption from their national service obligation. Such exemptions are granted by the regional commissions. Article 93 of the NSC states that an exemption may be granted upon request to a citizen who provides evidence that he is the sole supporter of an ascendant, or of a collateral relative who is a minor or disabled; or is the son of a chahid (a man killed during the war of independence). However, the article adds that provisions 1) and 2) do not apply to students. [8e] Law No Exemption over Age 30 at 1 November Law No of 12 December 1989 was reportedly adopted in order to avoid various logistical problems associated with the reduction in the length of national service; such a reduction was called for by law No , promulgated the same day. In addition, the two laws were intended to signal the government's waning enthusiasm for national service and were also a response to pressure from Algerians who were chafing at the military's interference in public affairs. Article 1 of law No of 12 December 1989 states that "citizens who were thirty (30) years of age or older on 1 November 1989 are exempted from national service whatever their legal situation in respect of national service". A representative of the Embassy of Algeria in Ottawa stated in 1993 that the amnesty proclaimed by this law was not permanent, and applied only to people who were 30 years of age or older in This has been corroborated more recently by information provided by another source, according to which the law exempts from military service all Algerians who were 30 years of age or older on 1 November For example, according to this source, a person over the age of 30 who stood accused of being absent without leave on 12 December 1989 would have been exempted from military service and freed. At the same time, "any person under the age of 30 on 1 November 1989 was and remains required to normally complete his service duty". [8e] 24