During the 41st session of the Universal Periodic Review (UPR), the United Nations Human Rights Council held on Friday, November 11th, 2022, the fourth cycle of the UPR of the People’s Democratic Republic of Algeria. A delegation from SHOAA for Human Rights attended the proceedings of the presentation and discussion of the national report of Algeria, which was presented by Abderrachid Tebbi, the Minister of Justice and Keeper of the Seals, and head of the official delegation. The process included listening to interventions and recommendations of 122 representatives of United Nations Member States.
Several countries preceded the session with written probing questions, such as the United States of America that asked about the increasing patterns of restrictions on freedom of expression, peaceful assembly and association; especially the Article 87 bis and its broad definition of terrorism. The United Kingdom asked what steps is the Algerian government taking to limit the time an individual can be placed in pretrial detention? While Germany asked how freedom of assembly and association could be guaranteed in the context of the new law on associations.
Belgium raised questions on whether Algeria planned to ratify the International Convention for the Protection of All Persons from Enforced Disappearance? And does Algeria have any future plans to ratify “the Optional Protocol” to “the Convention against Torture”? And Spain wondered When will the measures to reduce sentences -imposed on 14,000 prisoners announced by President Abdelmadjid Tebboune- be implemented, and will they include prisoners participating in the Hirak or not.
During the process, interventions and recommendations of 122 countries were made, including d ozens of recommend ations that were repeated or expand ed on the unimplemented recommendations of the third UPR cycle. The states urged the Government of Algeria to decriminalise freedom of expression and opinion, end judicial harassment of human rights defenders, journalists, activists and other civil society actors, the right to peaceful demonstration and association, ratify the Convention against “Torture and Enforced Disappearances” and eliminate all forms of discrimination against women.
Among the recommendations during the UPR, the delegation of the United States of America requested the repeal of the amendments to Article 87 bis of the Anti-Terrorism Penal Code, the release of detained journalists and human rights defenders, and the cessation of violations of freedom of expression. While Canada and Netherlands requested to end the restrictive sanctions for press freedom and the pretrial detention. Netherlands and Spain shared the same observations regarding the definition of terrorism in 87 bis as Spain called for the decriminalization of journalists on terrorism charges.
Denmark and Luxembourg recommended ratifying the Optional Protocol against Torture. Chile stressed the ratification of the Convention against Torture, especially that evidence acquired under torture are not considered admissible in the courts. Paraguay and Argentina recommended that Algeria ratify the International Convention for “the Protection of All Persons from Enforced Disappearance”, while Iceland, Italy and Malta called on Algeria to abolish the death penalty.
Britain, Ireland, Switzerland, and Germany also stressed on respecting the right to expression, decriminalizing journalists in accordance with Article 19 of the International Covenant on Human Rights. While France recommended supporting the right to free and reliable information, and ratifying the Rome Statute establishing the International Criminal Court. As for Sweden, she recommended reforming the criminal law to safeguard the rights to freedom of expression, expression of opinion, and freedom of the media.
Greece and Mexico also recommended to guarantee the rights to peaceful assembly and association, not to restrict space for civil society and amend protest legislation, to cooperate fully with human rights mechanisms including sending invitations to special procedures. Romania requested Algeria to take the necessary measures to decriminalize human rights defenders, journalists, and civil society.
Finland and Belgium recommended that Algeria adopt legislation to combat violence against women, promote women’s rights and ratify “the Convention on the Elimination of All Forms of Discrimination against Women”.
SHOAA for Human Rights welcomes the participation of all the States addressing critical human rights issues, sharing our recommendations, and calling on the Government of Algeria to accept the recommendations without reservation, to take these constructive recommendations seriously, and actively work to implement them to carry out reforms that guarantee all fundamental human rights, and calls on the United Nations to ensure that the Government of Algeria fulfills its obligations.
