The United Nations Special Rapporteur on the rights to freedom of peaceful assembly and association, Clément Nyaletsossi Voule, concluded his ten-day mission to Algeria on Tuesday.
During a press conference, he announced his preliminary observations and some discussions he had had with the authorities and political actors in Algeria.
“As part of building the new Algeria, I urge the government to end prosecutions and pardon those convicted of their involvement in Hirak. This will also reflect the recognition of Hirak as a turning point in Algeria’s commitment to further development,” explained 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 in which he met government representatives, but also Algerian political actors and civil society.
“I thank the government for this invitation, which expresses the desire to seek international expertise to improve the human rights situation. “I have benefited from all the cooperation (…),” welcomed the UN rapporteur, whose visit was originally planned for last year.
According to him, the popular movement of 2019, “which demonstrated a remarkable civic spirit and set an example to the world in carrying out peaceful demonstrations,” to which the police “responded largely in a measured and professional manner,” must represent an “opportunity” to create one Space of freedom and move towards the rule of law in Algeria.
The fact remains that three years after the adoption of the new Constitution, he states that “decisions are made under the influence of old laws” and that there is a “problem of compliance of certain laws with the Constitution and the international conventions ratified by Algeria”. .
“The government must now address the climate of fear created by a series of criminal charges against individuals, associations, unions and political parties under excessively restrictive laws, including an anti-terrorism law, which is at odds with Algeria’s international human rights obligations , arises.” he observed.
In this regard, the UN expert reminded the government of the need to amend or repeal Article 87 bis of the Criminal Code, under which many activists were convicted.
This article states, among other things: “Any act aimed at the security of the State, national unity, stability and the normal functioning of institutions, through any act aimed at, by any means, the acquisition of power or the change of the to promote or encourage any system of government” by unconstitutional means; “undermine or incite to undermine the integrity of the national territory, by whatever means.”
“I understand the context of the country, which has made great progress in the war against terrorism, but we cannot remain trapped in the past,” Mr Voule said.
The UN expert admitted that he “felt he was being heard” by the Algerian government.
Other recommendations from the UN rapporteur: “The government must ease strict restrictions on gatherings and associations to bring laws and practices in line with the constitution and international human rights standards.”
He added: “To fulfill the promises of the Constitution and the Hirak and to fulfill its obligations under international human rights treaties, Algeria must ensure in law and in practice the right of its people to assemble and sit freely, to exchange views and ideas.” to develop and represent specific interests, also in collaboration with partners at home and abroad.”
The UN rapporteur notes “reservations” on the part of the authorities regarding some of the aspects mentioned, which appear to primarily favor economic development, and considers that a “balance” between economic prosperity and the creation of spaces of freedom is possible.
“We need a balance between public safety and the space of freedom,” he claims. “Many efforts have been made at 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 that 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 has a certain could detect a “crisis of trust”. between the actors encountered and the authorities.
In the same spirit, he advocated the rehabilitation of the LAADH and RAJ, which had been dissolved by the authorities.
When asked whether the authorities had been provided with a list of detainees who were “willing to give their opinion,” the UN rapporteur said that certain questions remained confidential.
Clément Voule noted that the Algerian authorities are “listening” and “available to observers to help them improve the situation,” clarifying that his conference only reveals preliminary observations. A report on its use is planned for June 2024. “There is a will on the part of the authorities, but we must monitor the implementation,” he concluded.