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A Brief Historical and Legal Description of Religious Liberty
The Democratic People's Republic of Algeria declared independence from France in 1962 and joined the United Nations in the same year. Ninety-nine percent of Algerians are Sunni Muslim, and less than one percent are Roman Catholic. Algeria's Constitution of 1989 declares Islam the state religion and provides for transition to a one party socialist state in which the Prime Minister, head of the majority party, and the National Popular Assembly govern the country. In 1991, Algeria began to dispense with previous French law and prepare new legal codes. The new codes for family and personal law were to be based on Muslim law as were the old codes, but were to be administered by civil courts. The government created a Ministry of Religious Affairs to monitor religious activity, encouraging such activity to occur in a state-sanctioned manner.1
Political instability has reigned in Algeria since January 1992 when the Government cancelled the scheduled elections and banned the Islamic Salvation Front (FIS), an opposition party that received a majority of votes in preliminary balloting. A five member council of states assumed control and declared a state of emergency because of instability created by Islamic terrorist groups.2 By authority granted through the State of Emergency Declaration, the government has authority, according to Human Rights Watch, to "dissolve municipal governments, and detain any adult 'whose activity is shown to endanger the public order, public security or the proper functioning of public vices.'" 3 In June 1992, President Mohammed Boudiaf, the head of state, was shot and killed by a security officer reportedly acting on religious motive. In December 1992, the government issued an Anti-Terrorist Decree and created special courts to try those accused of terrorist offenses and grants judges discretion regarding whether or not to allow media persons into the courtroom. There is no right to appeal to the Supreme Court for redress of grievances.4 This decree could limit the fundamental freedoms of all Algerians and prevent religious persons from receiving adequate legal protection under the Constitution. More than 3,000 suspected Islamists were tried during 1994 in these special courts set up by this anti-terrorism decree.5 The special courts have also pronounced over 500 death sentences, most in absentia, since their inception.6
According to the U.S. Department of State, Algeria respects religious freedom despite the government's disregard for freedom of political opinion. Although most Algerians are Muslim and the Constitution declares the Algerian interpretation of the Maliki school of Islamic law to be the state religion, the Constitution prohibits discrimination based on religious belief. The U.S. Department of State reports:
The Government protects the rights of the small Christian and Jewish populations and often includes leaders of these communities at ceremonial state functions. The Jewish community numbers fewer than 200 and maintains a synagogue in central Algiers. Algerian Christians reportedly number fewer than 1,000 and often worship only in private. Both Roman Catholic and Protestant churches are found in Algiers, primarily serving the foreign Christian community.7Furthermore, Algeria distinguishes itself from most Islamic states by allowing conversion from Islam,8 however, the community shuns conversion so most Algerians who convert do so privately.9 The U.S. Department of State reports that the government, through the Ministry of Religious Affairs, appoints clergy to publicly and privately funded mosques. The Ministry of Religious Affairs closely monitors sermons, and in 1993 removed several clergy for preaching anti-government messages.10 Religious tensions in the country are high, and, in 1993, Islamic radicals who opposed the government shot and killed three pro-government clergy.11 Security forces protect mosques from Islamic radicals, leading critics to claim that the government limits their freedom of religion.12
Despite the analysis of the U.S. Department of State, Christian Solidarity International, in their map of "Suppression of Religious Liberty around the World," states that Algeria commits "frequent violations, sometimes serious, of basic religious liberties."
Constitutional Provisions and Legislation Relating to Religion
The Algerian Constitution of 1989 vests sovereignty in the people. The Constitution was suspended when the government issued its State of Emergency Declaration in August 1992, but the government claims that it continues to respect freedom of religion. Provisions related to religious liberty are as follows:
Article 2: Islam is the religion of the State.13
Article 28: The citizens are equal before the law without any possible discrimination on the basis of birth, race, gender (sex), opinion or all other conditions or personal or social circumstance.14
Article 35: The freedom of conscience and the freedom of opinion are inviolable.15
Article 37: The freedoms of expression, association, and assembly are guaranteed to the citizens.16
A 1989 Political Associations Law allows all Algerians, except for judges, to join political associations. With the outlawing of the FIS in 1992, the general applicability of this law is questionable.17
Article 5 of the State of Emergency Declaration gives the government broad authority to re-establish public order and grants it the power to suspend media publications.18
Article 7 of the State of Emergency Declaration empowers the government to close "all places of entertainment, halls, and assembly places, as well as ban all demonstrations likely to disturb peace and threaten public order."19
All Muslims are subject to Islamic law as interpreted by the Algerian government in matters of civil and private law, such as marriage and divorce.
Recent Reported Cases of Religious Intolerance
Religious persons in Algeria face opposition from government forces as well as from opposition Muslim groups. The government continues to suppress radical Muslim groups as it endeavors to protect state security, dictating the form of Islamic law that citizens must follow. The opposition, discontent with government policy, has taken justice into their own hands.
THE GOVERNMENT CRACKDOWN
The Algerian government continues to decrease the fundamental freedoms necessary to enshrine freedom of religion, such as freedom of the press, free speech and freedom of association. Human Rights Watch reports:
Algeria's independent press, until 1991 the freest in North Africa, has lost much ground. With continued government control of the major printing presses, distribution networks, and advertising budgets, editors cannot afford to ignore repeated threats by ministers to punish newspapers that "destabilize" the country.20In 1992, over 20 journalists were arrested for "objectionable" reporting. In 1993, the government suspended several objectionable journalists and publications.21 By limiting free speech and freedom of assembly, the government suppresses religious liberty. Human Rights Watch continues:
the parameters of free expression have narrowed since June 1991, both for Islamists and others. Scores of preachers have been tried and sentenced for delivering sermons deemed inciting or defamatory toward state institutions, and hundreds, if not thousands, of FIS sympathizers have been convicted for attending "illegal" gatherings, or distributing or possessing 'subversive' tracts.22The government routinely ignores rule by law as it punishes opponents of the regime. According to Amnesty International, the government arrested over 1,000 people in 1992, "some [who] were possible prisoners of conscience," failing to charge them or bring them to trial.23 The government sentenced over 370 people to death, and executed 26.24 Security forces killed over 700 people when they raided suspected safe houses for Islamic groups.25 At least 12 people died in custody as a result of torture in 1993.26
ACTIVITY BY MUSLIM OPPOSITION GROUPS
The United Nations Rapporteur on religious intolerance sent a letter to the government of Algeria protesting the deaths of six Algerian writers "killed in Algiers since March 1993 by Islamic extremists for having criticized radical Islamic groups and advocated secularism."27 The Algerian government responded by reiterating their "firm and unequivocal condemnation" of "acts of violence linked with religious extremism." The transmission stated:
The building of a modern democratic State guaranteeing all freedoms depends on the eradication of extremism which, in the guise of religion, makes use of violence constituting a negation of human rights, with the most sacrosanct of them the right to life.Although the transmission included a "non-exhaustive list" of various persons, including nine religious figures, killed in terrorist attacks, demonstrating Algeria's opposition to such activity, the transmission included the following caveat:
[I]t should be noted that these murders were preceded by preachings by persons who diverted various places of worship from their intended purpose of promoting tolerance and brotherhood to foster hatred . . . in some cases, even of religious figures preaching tolerance and rejecting the political ideology advocated by religious extremists.28Anti-government Muslims direct violence not only toward Muslims who accept the government's interpretation of Islamic law but also against non-Muslims. Extremist Muslims murdered three pro-government clergy in 1993, and in May 1993, they shot and killed two French Catholic religious workers.29 The Armed Islamic Group has claimed responsibility for the murders saying, "Brother Verges and Sister Saint-Raymond were only crusaders who had spent years in spreading evil."30 Since early 1994, Muslim opposition groups have increased their campaign of violence against non-Muslims.
On November 10, 1995, a French Roman Catholic nun was fatally shot and another seriously wounded during an attack.31 Interior Minister Mostefa Benmansour responded, declaring, "This crime, which constitutes an attack against the spiritual value of Islam, will be punished with all the force of law by the Algerian state."32 The assassination brought to 11 the count of expatriate priests and nuns murdered in attacks attributed to the Armed Islamic Group (GIA).33 This group is attempting to use terrorist activity to oust the government and install an Islamic regime in Algeria.34 Approximately 40,000 people, including 107 foreigners, have been killed in Algeria since the group began their campaign.35
ENDNOTES 1. Edward H. Lawson, ed., The Encyclopedia of Human Rights (New York: Taylor & Francis, Inc., 1991): 39.2. U.S. Department of State, Country Reports on Human Rights Practices for 1993 (Washington, D.C.: United States Government Printing Office, 1994): 1152.
3. Human Rights Watch 1993: The Events of 1992 (New York: Human Rights, Inc., 1992): 289.
4. Amnesty International Report 1994 (London: Amnesty International Publications, 1994): 44.
5. Human Rights Watch World Report 1995 (New York: Human Rights Watch, 1994): 258.
6. ibid.
7. U.S. Department of State, 1152.
8. ibid.
9. ibid.
10. ibid.
11. ibid.
12. ibid.
13. Gisbert H. Flanz, "Algeria," in Albert P. Blaustein and Gisbert H. Flanz, eds., Constitutions of the Countries of the World (Dobbs Ferry, NY: Oceana Publications, Inc., 1990): 5.
14. ibid, 7.
15. ibid, 8.
16. ibid, 9.
17. U.S. Department of State, 1152.
18. ibid, 1151.
19. ibid, 1152.
20. Human Rights Watch 1993, 291.
21. ibid.
22. ibid.
23. Amnesty International Report 1994 (London: Amnesty International Publications, 1994): 54.
24. ibid.
25. ibid.
26. ibid.
27. 22 September 1993 "Letter from the Special Rapporteur to the Government of Algeria,", in United Nations: Economic and Social Council, Implementation of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (E/CN.4/1994/79, 20 January 1994): 10.
28. 3 December 1993 "Transmission of the Permanent Mission of the People's Democratic Republic of Algeria to the United Nations Office at Geneva," in United Nations Economic and Social Council, 11.
29. Willy Fautre, "Islamists Murder Elderly Catholic Workers." News Network International (June 14, 1994): 36.
30. ibid.
31. Richard Nybert, "French Nun Assassinated in Continuing Violence." News Network International (November 17, 1995): 4.
32. ibid.
33. ibid.
34. ibid.
35. ibid.
Source: Handbook on Religious Liberty Around the World, Pedro C. Moreno, Editor. Charlottesville, VA: The Rutherford Institute. This report is reprinted here by special arrangement with the Rutherford Institute and may not be reproduced or mirrored on another webside without written permission of the Rutherford Institute.
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