Freedom of expression in Algeria

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Freedom of expression in Algeria is governed by the constitution, which enforces laws prohibiting actions that compromise sovereignty, national security, or disseminate false information. The media is also regulated by the law of Algeria to protect national interests. [1] However, freedom of expression continues to evolve, influenced by the interplay of the country's political, legal, and social factors. [2] Although Algerian law prohibits violations of sovereignty and national security principles, the government frequently cites the need to protect national sovereignty, public order, and national security as reasons for imposing restrictions. [3]

Contents

While the Algerian constitution formally recognizes freedom of expression, Algeria's human rights record has been subject to scrutiny. [4] The practical realization of this right is frequently hampered by state policies, legal frameworks, and socio-political pressures. The government of Algeria maintains significant control over the media, enforces stringent legal restrictions, and employs various tactics to suppress dissent. Consequently, the environment for free expression is often constrained, with journalists, activists, and ordinary citizens facing potential repercussions for expressing their opinions. This complex situation underscores the ongoing challenges and debates surrounding freedom of expression in Algeria. [5]

Constitutional framework

The Algerian constitution acknowledges freedom of expression. Article 41 of the constitution of 2016 states, "freedom of expression, association, and assembly are guaranteed to the citizen." However, this constitutional assurance is frequently undermined by other legal frameworks and practices that restrict these freedoms. [2]

The penal code and other laws contain provisions that criminalize defamation, insult to state institutions, and the dissemination of false information. These laws are often used to suppress dissent and control the media. The Information Law of 1990, despite being replaced by a new law in 2012 aimed at liberalizing the media sector, still retains several restrictive measures that limit journalistic freedom. [6] [7]

Human rights violations

Algeria's history with human rights, particularly during the civil war of the 1990s, is marked by systemic violations, including arbitrary detentions, torture, enforced disappearances, and extrajudicial killings. During this period, often called the "Black Decade," both government forces and armed groups committed widespread atrocity crimes. [8] Algerian security forces, especially the military and intelligence services, were implicated in severe human rights violations such as torture to extract confessions and the arbitrary detention of suspected insurgents without trial. [9]

Arbitrary detentions were rampant, often targeting people suspected of ties to terrorist organizations or opposition groups. [10] These people were frequently detained without charge, trial, or access to legal representation. Secret detention facilities were common, where detainees faced abuse. Testimonies from former detainees describe torture methods that included beatings, electric shocks, and prolonged solitary confinement. [11] [12] These violations of human rights, documented by organizations like Amnesty International, have had long-term consequences for Algerian society. Many victims have yet to receive justice, and the state has done little to hold perpetrators accountable. [13]

The issue of enforced disappearances also emerged as a serious concern during the 1990s. Thousands of people were reported missing after being taken into custody by security forces. These people were never seen again, with their fates remaining unknown to century. The Algerian government has largely avoided addressing this issue. Although President Abdelaziz Bouteflika's administration introduced the 2005 Charter for Peace and National Reconciliation, which released 2200 accused prisoners. [14] However, this initiative did not lead to justice for the families of the disappeared. Instead, the Charter granted amnesty to state agents accused of human rights abuses, making it nearly impossible for families to seek justice. [15]

Extrajudicial killings were another widespread violation during the civil war. Both government forces and insurgents were engaged in mass killings, including attacks on civilians. Insurgent groups like the Armed Islamic Group (GIA) committed violence against civilian populations, often targeting entire villages. In response, Algerian military and security forces launched counterinsurgency operations, which frequently resulted in civilian deaths. These operations were carried out without judicial oversight, further complicating justice system. [16]

A major obstacle to accountability in Algeria is the culture of impunity surrounding these violations. The 2005 Charter for Peace and National Reconciliation, while ostensibly aimed at fostering national healing, has effectively shielded state actors from prosecution. The charter prohibited legal action against people responsible for human rights violations, leaving victims and their families without a legal avenue to pursue justice. This lack of accountability has been widely criticized by human rights organizations, both domestically and internationally. [17]

Even after the civil war officially ended, human rights abuses in Algeria continued. The government, under the guise of national security, has targeted political opponents, journalists, and civil society activists. Arbitrary detentions, suppression of free speech, and tight control over the media have remained persistent issues. The intelligence services, particularly the Département du Renseignement et de la Sécurité (DRS), have been accused of maintaining extensive powers that enable continued repression. [18]

Reports of torture and ill-treatment in detention centers have continued to surface. Detainees are often held without formal charges or trials and subjected to various forms of abuse. This situation reflects broader systemic problems within the Algerian political and security apparatus, which operates with limited oversight or transparency. Moreover, while efforts have been made to address some of these issues, including constitutional reforms, the entrenched power of the military and intelligence sectors has stymied meaningful progress. [10]

The overall human rights environment in Algeria remains heavily influenced by the legacy of the civil war and the structures of power that were solidified during that time. Victims of abuses, particularly those from the 1990s, continue to call for justice, but their efforts are met with significant resistance from a state apparatus that prioritizes stability over accountability. Human rights organizations, including Amnesty International, continue to advocate for investigations into the abuses committed by both state and non-state actors during the civil war, as well as for the protection of civil liberties in contemporary Algeria. [18]

Despite these attempts, the road to accountability and reform remains fraught with challenges, as the political environment in Algeria remains resistant to scrutiny and external pressure. Nonetheless, addressing these issues is critical for both the country's long-term stability and the rule of law. [19]

Censorship

Media censorship

Algeria's media censorship comprises both state-controlled and private outlets. [20] Although the number of private newspapers and broadcasters has increased between 2015 and 2023, [21] they operate within a highly regulated environment. The government exerts significant influence over the media through various means, including ownership, control of printing facilities, and distribution networks. [22]

The state maintains a dominant position in the broadcast sector, with all television and radio stations being either state-owned or subject to strict regulations. As a result, private media outlets often resort to self-censorship to avoid potential repercussions. Journalists in Algeria face numerous challenges, including harassment, legal action, and imprisonment, which further limits the scope of free expression within the media sector. [23] [24]

Internet censorship

Internet in Algeria has grown significantly, offering a new platform for expression and communication. Social media, in particular, has become a vital space for political discourse and activism. Despite this, the government closely monitors online activities and has implemented various measures to restrict internet freedom. [25] Authorities have the capability to block websites, and instances of bloggers and online activists being arrested and prosecuted for their online content are not uncommon. These actions indicate ongoing attempts by the state to control digital expression and limit dissenting voices in the online sphere. [26] [27]

International response

International organizations and watchdogs frequently scrutinize Algeria's record on freedom of expression. Reporters Without Borders (RSF) and Human Rights Watch (HRW) are among the prominent entities that have consistently raised concerns about the restrictive environment for free expression in the country. [28] Algeria is often ranked low with 139 rank on the World Press Freedom Index in 2024, a reflection of its stringent laws and practices that impede journalistic freedom and restrict the activities of activists. [29]

RSF has pointed out that the legal and regulatory frameworks in Algeria often serve to limit media independence and freedom of speech. The organization has documented cases of harassment, legal action, and imprisonment of journalists who criticize the government or address sensitive issues. [20] Similarly, HRW has highlighted the broader implications of these restrictions on civil society, noting that activists and ordinary citizens also face significant challenges when attempting to express dissenting opinions. [30]

The international community, including bodies such as the United Nations and the European Union, has occasionally expressed concern regarding the state of freedom of expression in Algeria. These concerns are often raised in the context of broader human rights assessments and diplomatic engagements with the Algerian government. Despite these international pressures, substantial reforms to enhance freedom of expression remain limited, and the overall environment for media and public discourse continues to be constrained. [30]

In response to international criticism, the Algerian government has sometimes defended its actions as necessary for maintaining public order and national security. This stance, however, is often seen by international observers as a justification for curbing fundamental freedoms. The ongoing dialogue between Algerian authorities and international human rights organizations underscores the persistent and complex nature of the struggle for freedom of expression in the country. [31]

Latter developments

In recent years, the Hirak protest movement, which began in February 2019, has brought significant attention to the ongoing struggle for freedom of expression in Algeria. The movement emerged in response to widespread dissatisfaction with the political status quo, calling for comprehensive political reform, greater transparency, and expanded civil liberties. Initially, the Algerian authorities allowed the protests to proceed, which were marked by their peaceful nature and broad public participation. [32]

However, the government's tolerance of the Hirak movement diminished over time. As the protests continued, authorities increasingly resorted to arrests and intimidation to quell dissent. [33] Activists, journalists, and social media users who were associated with the movement or who supported for its aims found themselves targeted. These individuals faced harassment, legal charges, and, in some cases, imprisonment. [34]

The state's response to the Hirak movement has underscored the precarious state of freedom of expression in Algeria. Measures taken against protesters and critics included the use of the penal code to charge individuals with offenses such as incitement and undermining national unity. [35] The government's actions drew criticism from domestic and international human rights organizations, which condemned the suppression of peaceful protests and the targeting of individuals for exercising their right to free expression. [34]

The Hirak movement's impact on the political landscape of Algeria remains significant. It has managed to sustain momentum despite the attempts of government to suppress it, highlighting the resilience of civil society and the continuing demand for reform. [36] The movement has also influenced the broader discourse on human rights in Algeria, emphasizing the need for genuine freedom of expression and association as fundamental components of democratic governance. [34]

The international community has closely monitored the situation, with various human rights groups and foreign governments calling for the protection of protestors' rights and the release of those detained for expressing their views. The Algerian government's handling of the Hirak protests and the broader issue of freedom of expression continues to be a focal point for both domestic advocacy and international diplomacy. [37]

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References

  1. ↑ "Codices". Codices. Retrieved 25 September 2024.
  2. 1 2 "Algeria: Constitution needs stronger human rights safeguards" (PDF). Retrieved 25 September 2024.
  3. ↑ "Human rights in Algeria". Amnesty International. 29 March 2024. Retrieved 25 September 2024.
  4. ↑ U.S. report decries deteriorating human rights situation & growing repression in Algeria – The North Africa Post , retrieved 25 September 2024
  5. ↑ "Repressions grow in Algeria, is freedom of speech in danger?". Al Jazeera. 26 November 2023. Retrieved 25 September 2024.
  6. ↑ "Algeria: New penal code amendments escalate attack on freedom of expression". ARTICLE 19. 13 August 2024. Retrieved 25 September 2024.
  7. ↑ "Algeria: New amendments to Penal Code will further entrench repression". Cairo Institute for Human Rights Studies (CIHRS). 8 April 2024. Retrieved 25 September 2024.
  8. ↑ "Torture by Algeria's Military Security" (PDF). Retrieved 25 September 2024.
  9. ↑ "Islamism, Violence and Reform in Algeria: Turning the Page". Crisis Group. 30 July 2004. Retrieved 25 September 2024.
  10. 1 2 "Algeria: Torture in the "War on Terror" : A memorandum to the Algerian President". Amnesty International. 17 April 2006. Retrieved 25 September 2024.
  11. ↑ "Unrestrained powers: Torture by Algeria's Military Security" (PDF). Amnesty International. Retrieved 25 September 2024.
  12. ↑ "Algeria". United States Department of State. 22 April 2024. Retrieved 25 September 2024.
  13. ↑ "Algeria: Truth and justice obscured by the shadow of impunity". Amnesty International. 8 November 2000. Retrieved 25 September 2024.
  14. ↑ "UNHCR Web Archive". UNHCR Web Archive. 18 May 2023. Retrieved 25 September 2024.
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  16. ↑ "ALGERIA Fear and silence" (PDF). Amnesty International. Retrieved 25 September 2024.
  17. ↑ "Impunity in the Name of Reconciliation: Algerian President's Peace Plan Faces National Vote September 29: Background". Human Rights Watch. 15 August 2005. Retrieved 25 September 2024.
  18. 1 2 "The Legacy of the Algerian Civil War: Forced Disappearances and the Cost of Amnesty". RLS North Africa. 4 May 2022. Retrieved 25 September 2024.
  19. ↑ Knipp, Kersten (1 February 2023). "Algeria increases pressure on local human rights activists – DW – 02/01/2023". Deutsche Welle. Retrieved 25 September 2024.
  20. 1 2 "Algeria". Reports Without Borders. 1 January 2024. Retrieved 25 September 2024.
  21. ↑ "Algeria: social media users growth rate 2015–2024". Statista. 23 February 2024. Retrieved 25 September 2024.
  22. ↑ "Algeria media guide". BBC Home. 27 January 2023. Retrieved 25 September 2024.
  23. ↑ "ALGERIA". Human Rights Watch. 27 February 1995. Retrieved 25 September 2024.
  24. ↑ "Algerian government must halt crackdown on rights, release detained journalists". Amnesty International. 20 September 2023. Retrieved 25 September 2024.
  25. ↑ Monitor, Euro-Med Human Rights (11 April 2023). "Algeria: New bill tightens restrictions on journalists, increases media censorship". Euro-Med Human Rights Monitor. Retrieved 25 September 2024.
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  27. ↑ "Algerian state tightens screws on online media". France 24. 18 December 2020. Retrieved 25 September 2024.
  28. ↑ "World Report 2024: Rights Trends in Algeria". Human Rights Watch. 11 December 2023. Retrieved 25 September 2024.
  29. ↑ "Index". Reports Without Borders. Retrieved 25 September 2024.
  30. 1 2 "Algeria: Halt Assault on Fundamental Freedoms". Human Rights Watch. 14 September 2023. Retrieved 25 September 2024.
  31. ↑ "Freedom of expression in Algeria: the case of Islamologist Said Djabelkhir". European Centre for Law and Justice (in French). 3 February 2022. Retrieved 25 September 2024.
  32. ↑ Rachidi, Ilhem (1 August 2023). "Algeria: The Hirak and its aftermath". African Arguments. Retrieved 25 September 2024.
  33. ↑ "Hundreds arrested as Algeria cracks down on protest movement". Al Jazeera. 22 May 2021. Retrieved 25 September 2024.
  34. 1 2 3 "Algeria law 'controlling media' close to passing". Al Jazeera. 12 April 2023. Retrieved 25 September 2024.
  35. ↑ "Hundreds of People Still Detained Three Years After Algeria's Hirak". Amman Center for Human Rights Studies. 9 March 2022. Retrieved 25 September 2024.
  36. ↑ "Algeria arrests three more 'Hirak' activists". Middle East Eye. 14 June 2020. Retrieved 25 September 2024.
  37. ↑ "Algeria's Hirak Protest Movement Marks Second Anniversary". Human Rights Watch. 23 February 2021. Retrieved 25 September 2024.
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