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. It represents the current assessment by the Immigration & Nationality Directorate of the general socio-political and human rights situation in the country.

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 (http://www.homeoffice.gov.uk/ind/cipu1.htm). An electronic copy of the assessment has been made available to the following organisations:

Amnesty International UK

Immigration Advisory Service

Immigration Appellate Authority

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

2.1 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. [5] 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 National Census Office has estimated the population to exceed 29 million. The capital, Algiers has the highest population concentration with more then 2.5 million people. 57% of Algerians are under 20, and 50% are under 15. The high rate of unemployment, particularly among young males is a major concern.[2(e),5]

2.3 The majority of the population is Islamic - Sunni. There are a small number of Christians- about 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. [5] [1]

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 1842. For most of the colonial period, official policy was to colonise the territory with French settlers, and many French citizens became permanent residents. [1] [4]

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 1962. A new government was formed (from a single list of FLN candidates), with Ahmed Ben 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 1963. 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]

3.9 A wave of strikes and riots culminated in considerable bloodshed, when street demonstrations were suppressed by the armed forces in October 1988. 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]

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] [7]

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 1991. 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 the number of constituencies - moves designed to tilt the electoral process against the FIS and in favour of the FLN. [4] [1]

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. [4]

3.14 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. [4]

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. [4]

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 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 1964. 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] [4]

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 military-sponsored 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][4]

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. [4]

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. [4]

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. [4]

3.21 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 1993. 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 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 was 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 1995. 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 some reports at the end of March suggested that 300 terrorists and security personnel had been killed over the space of one weekend. [1]

3.26 Presidential Elections were held in Algeria on 16 November 1995. 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. [3(a)]

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.[7] 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. [3(b)] On 6 March 1997 President Zeroual signed two laws on the electoral system and political parties. Legislative elections were scheduled for 5 June 1997.[3(c)]

3.30 In March 1997 supporters of President Zeroual set up the National Democratic Rally (RND) to run in the 5 June legislative election. [3(d)] In April 1997 FIS called for a boycott of the elections.[3(e)] Also 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. [3(f)]

3.31 The violence continued into the end of 1996 and the beginning of 1997. In the first two weeks of January 1997 there were several bomb explosions in Algiers. One such blast in central Algiers killed 13 people and wounded at least one hundred according to hospital sources in Algeria.[3(g)] The bomb was in the area near Algier's main shopping street, Rue Didouche Mourad. Another explosion occurred in a car market in Boufarik, 30 Km south of Algiers, and 12 people were reported to have been killed. [3(h)] On the 16 January 1997 it was reported by Algerian and foreign newspapers, that there had been a seven hour gunbattle between Moslem guerrillas and the security forces in the ancient area of Algiers known as the Casbah. Residents are reported to have said that more than 10 Guerrillas died. [3(i)]

(For table of results - see annex E )

3.32 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. [3(j)]

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. [3(k)] In September 1997 Algerian troops claimed to have shot dead more than 50 suspected Moslem rebels in the central province of Tiaret. [3(l)]

3.34 In October 1997 the AIS, the armed wing of the FIS, led by Madani Mezrag, declared a truce. Some Islamists denounced FIS and AIS leaders for declaring the cease-fire and entering into negotiations with the government.[3(m)]

3.35 Local elections of were held on the 23 October 1997, and were won by the National Democratic Rally.[3(n)] 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. 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. [3(o)].

3.36 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. (For table see annex E) [3(p)]

3.37 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 30 1997. 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. [31(a),2(f)]

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 1997. 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. The GIA, who have not called a cease-fire are suspected of being responsible for many of these incidents. [3(q)(r)]

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 also section on women). [6(a)]

3.40 30 political parties were dissolved on 19 May for failing to abide to 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 A for full list). [6(b)(c)]

3.41 It was reported that Matoub Lounes, a popular Berber singer, was killed and his wife and 2 sons were wounded at a false roadblock by a terrorist group on 25 June. Rioting in Berber towns developed with protesters claiming the Algerian regime were the murderers. However, the singers sister blamed the Islamists who had previously kidnapped Matoub Lounes in 1994 and had repeatedly threatened his life. His funeral on 28 June was attended by 50,000 to 100,000 mourners and initiated further demonstrations against the Algerian authorities. [6(d)(e)(f)]

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. All in all, 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. The United Nations Human Rights Committee called on the law to be reviewed as to remove the negative consequences that it produces. [6(g)(h),28)

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 community in its effort to combat terrorism but that the Algerian authorities should examine measures to improve the transparency of their decisions. [29]

3.44 President Zeroual announced, on 11 September, that he will leave office before his term ends officially and will hand over power after presidential elections in April 1999, he had been due to serve until November 2000. A National Independent Committee for the Monitoring of the Presidential Election (CNISEP) was created by the President in January 1999. The body will be the final arbiter in any allegations of fraud and would also be charged with drawing up recommendations to combat election corruption. [6(i)(j),31(b)]

3.45 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. At a joint press conference on 14 April the candidates said that they had irrefutable evidence that the poll had been corrupted and warned that Bouteflika would have no mandate or legitimacy if voting went ahead without their allegations being investigated. [31(g)]

3.46 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 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. [31(g)]

3.47 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 6 1999. 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. The AIS chief Madani Mezrag said in a statement that "The AIS has decided to abandon definitively it's armed activities against the authorities". The AIS decision has led to factions within the GIA announcing a decision to give up their arms. However, whilst 40 members of the GIA in the Bouira Province have surrendered and other GIA factions are in talks with the AIS, spokesmen for other GIA factions called the decision "high treason". [37(a)(b)]

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). On July 4 President Bouteflika pardoned about 2 thousands prisoners imprisoned for terrorist and subversive activities against the Government. [37©(e)]

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 is to be made legislation, President Bouteflika announced a referendum on the National Harmony Bill for September 16. The President has stated that if the result of the referendum is "no" then he would resign.[37(f)]

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. No firm reform proposals have yet to emerge. [37(g)]

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 200 civilians were killed in just over 2 months following the AIS peace deal in June. However it was also reported that over 100 members of GIA surrendered to the Government under the peace plan being put to Referendum. [37(i)(j)]

3.52 The Referendum was successfully held on 16 September whereby the voters were asked the question "Do you agree with the Presidents approach to restoring peace and civil accord ?". The Interior Minister, Abdelmalek Sellal, stated that 85.06% of 17.5 million eligible voters cast ballots. Those who voted yes in the referendum totalled 14.59 million or 98.63%. The FFS have cast doubts on the credibility of the results claiming they were manufactured by the security services and estimating turn-out at around 45%. [37(g)(h)]

3.53 The Organisation of African Unity (OAU) Summit was held in Algiers in July 1999. The three-day conference focused on internal conflict and economic development and co-operation and was attended by about 40 heads of state. The summit had been billed as the end of Algeria's international isolation. [35]

3.54 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, did not exceed 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 was more than 32bn dollars, representing 69% of the GDP. [37(m)]

 3.55 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. However, privatisation of state enterprises and the restructuring of the banking and housing construction sectors have just begun. Un-competitive and unprofitable state enterprises still make up the bulk of the industrial sector. The state-owned petroleum sector's output represented about a quarter of national income and about 95 percent of export earnings in 1998. The agricultural sector, which produces grains, fruit, cattle, vegetables, and poultry, makes up 10 to 12 percent of the economy. [8]

3.56 Algeria had an international current account deficit of $500 million at the end of 1997. This compares to a $1,352 surplus in 1996. 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 1998. [1,7,19]

3.57 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. Some make a living from petty smuggling or street peddling. Redundancies of state employees are expected this year as part of the International Monetary Fund's backing of privatisation of state companies in an attempt to reform the economy. At the moment unprofitable state enterprises comprise most of the industrial sector. The inflation rate in 1997 was estimated at 8.5 percent and has been reported to be 5.3 percent in May 1998. [1,2(a)(b)(c)(d),7,8]

3.58 The agricultural sector makes up 10 to 12 per cent of the economy. However, there is also a food shortage due to the agricultural sector supplying only 30-40 percent of farm products and cultivating only 5 percent of the land which leave Algeria dependent on imported foodstuffs. [7]

3.59 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 1994. To date no proposals have emerged as to how he intends to do this.[37(k)]

3.60 Although Algeria has a social security system offering financial support for medical expenses as well as unemployment benefits, in practice, the system lacks transparency and leaves much to be desired. [32]

TO CONTENTS PAGE

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. [1,7]

4.2 Ex-President Zeroual was elected in a presidential election in November 1995. This was contested by the three opposition candidates representing different viewpoints. A referendum to change the constitution was called in November 1996, and 79% 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. [1,7,29]

4.3 The first parliamentary elections since the cancellation of the 1992 elections in order to prevent the Islamic Salvation Front (FIS) gaining power took place on 5 June 1997. 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. In their final report, the neutral observers stated that of 1,258 (of the country's 35,000) voting stations that they assessed, 1,169 were satisfactory, 95 were problematical, and 11 unsatisfactory. (see Annex E) [3(z),8]

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 badly tainted, however, by the decision of all the other candidates in the poll to boycott the election several days before it took place. In August 1999 President Bouteflika, acting 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. [31(g),37(g)]

4.5 The Government's security forces are composed of the army, air force, navy, national gendarmerie, the national police, communal guards and local self defence forces. The security forces are under the control of the government and are involved in counter-terrorism operations. In August 1997 the estimated strength of the armed forces was 124,000 (including 75,000 conscripts), comprising an army of 107,000, a navy of about 7,000 and an air force of 10,000. [1,5,7]

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 make any provisions for these groups to ensure they respect human rights. The decree stated that these groups 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. These militias are equipped by the security forces with arms including pistols and rifles. [2,3,9,19]

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. [26,38]

 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. 89-19 of 12 December 1989, which came into effect on 15 January 1990. 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 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 1998. 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. [19,38]

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 [38]

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. [38]

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 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. [38]

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. [38]

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. [38]

4.14 Those registered are summoned to selection and orientation centres. Articles 64-69 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. [38]

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 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. [24,38]

4.16 Order 76-111 of 9 December 19762 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 76-110 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.

4.17 According to a press report, decree 95-146 ordered a call-up of reservists on 27 May 1995. 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. 96-311, 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. [38]

4.18 It was also reported reports 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. 98-233 of 18 July 1998 announced that another recall of reservists would start on 20 September 1998 . This decree affected the following classes: 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. [38]

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. [38]

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. [38]

4.21 Law No. 89-20 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. 89-19, 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. 89-20 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 1989. 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 1989. 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". [38]

4.22 According to the NSC, citizens who wish to continue their studies in Algeria or abroad may apply to the selection and orientation centre for a deferment; the application will then be forwarded to the recruitment office, which will decide whether to grant the deferment. The deferment may be renewed until the student reaches the age of 27. The application for renewal must be received by the recruitment office by 1 July of each year. Article 100 states furthermore that the deferment will be cancelled if the applicant does not present, immediately after the start of the academic session, proof that he is pursuing his studies. After the age of 27, the student must send applications for deferment renewal to the ministerial commission along with proof that his studies were delayed for "social reasons" such as the death of the head of the family or prolonged illness. The NSC states that in all other cases, only the high commissioner for national service is authorised to grant a renewal of deferment to a person older than 27 years of age, and only for "reasons of national interest". The high commissioner for national service can at any time of the year end a student's deferment if the student no longer satisfies the deferment requirements. [38]

4.23 It was reported in 1994 that the government had announced changes in its deferment policy. According to the new policy, the education and training ministries were to send the defence ministry a list of all students registered in educational institutions at the start of each academic year, as well as a list of those who had graduated. This measure was intended to allow the government to grant eligible students a deferment for the entire period of their studies without requiring them to apply for a renewal every year. [38]

4.24 An independent judiciary is provided for in the constitution and Judges obey only the law. The constitution states that trials are public and defendants have the right to legal representation. The Supreme Court regulates the activities of courts and tribunals. The Minister of Justice is the Vice-President of the Court.[1]

4.25 The highest court of justice is the Supreme Court (Cour superême) in Algiers. Justice is exercised through 183 courts (tribunaux) and 31 appeal courts (cours d'appel), grouped on a regional basis. Algeria adopted a penal code in 1966, retaining the death penalty, which was suspended since early 1994. [1,9] The judiciary is composed of the civil courts, which try misdemeanours and felonies, and the military courts, which have tried civilians for security and terrorism offences. There is also a Constitutional Council that reviews the constitutionality of treaties, laws, and regulations. Although the Council is not part of the judiciary, it has the authority to nullify laws found unconstitutional. Regular criminal courts try those individuals accused of security-related offences, but there have been very few actual trials. Some observers maintain that, as a result of the 1995 abolition of the special security courts, long-term detentions without trial have increased, as the security forces are reluctant to release suspects to ordinary criminal judges. [8]

4.26 Previously, as well as civil courts there were also military courts where terrorism cases were heard. Until 1995 special security courts sat to determine security related cases. They sometimes tried people "in abstentia". These have now been abolished and normal criminal courts now hear security related cases. [7,11]

4.27 Defendants are presumed innocent until proven guilty. The Constitution states that detention in criminal cases should not exceed 48 hours before the suspect is charged or released. The Antiterrorist law of 1992 states that suspects may be held in detention for 12 days maximum, and the individuals should be informed of the charges against them. There are reports that long term detention centres exist at some military bases. [7]

4.28 Under the state of emergency the Minister of the Interior can detain suspects in special camps. However the government closed the last camp in November 1995 and announced it had released the 641 prisoners there. There were unconfirmed reports however that some were rearrested. [7]

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A.1 The general level violence in Algeria has resulted in numerous killings and massacres. The reasons for these killings are not always clear, and it is not always possible to be sure who the perpetrators are. Security forces have allegedly killed members of Islamic armed militias. The armed Islamic opposition groups are alleged to have threatened and then killed relatives of individuals in the security forces. Some massacres may have been vendettas, in revenge for previous killings of people by rival groups. It has also been claimed that there are rival government factions behind some of the killings.(9) The Foreign and Commonwealth Office has stated that whilst there is no credible, substantive evidence to support the allegations that the Algerian authorities are complicit in massacres, it is clear that the authorities have been unable to provide adequate security in some rural areas. [30]

A.2 The worst affected areas have been the three urban areas to the south of Algiers - Boufarik, Blida, and Medea. Massacres of villagers have taken place almost weekly in these areas. In many towns the Special Task Force Units, normal police, gendarmes, and local defence militias known as patriots operate. Most incidents reported at the end of 1998 were in rural areas and in the smaller towns and cities west of Algiers. Attacks in the capital were infrequent. [3(t),31(c)]

A.3 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. They reported that terrorism had passed through 4 stages, in the first it was aimed at security forces and government employee's; in the second it was aimed at intellectuals, journalists, lawyers, artists and foreigners; in the third stage it was aimed at the general infrastructure of the country, e.g. bridges, schools, railways and electricity supply; and in the current stage, it is aimed at the current population. [29]

A.4 It is alleged that the security forces have been responsible for serious human rights abuses. These include reports of extra-judicial killings, unfair trials, torture of detainees and arbitrarily arresting and detaining individuals suspected of involvement with armed Islamist groups. There are unconfirmed reports that the security services were responsible for several rapes. The US State Department stated that in 1998 there were credible reports of security forces collusion in extra-judicial killings. [5,7,8]

A.5 It has been claimed that the Algerian security forces routinely practise torture and cruel, inhuman, or degrading treatment. According to testimonies collected by Human Rights Watch, torture in Algeria commonly includes severe beatings and forcing dirty water down a victim's throat to the point of choking. Others have claimed that they received electrical shocks to their bodies or had been sexually assaulted. The UN Eminent Panel received information that persons suspected of terrorism are subjected to harsh treatment and torture as a matter of course. [27,29]

A.6 The Algerian authorities allegedly arrest individuals they suspect of having Islamist sympathies. There are instances of individuals being arrested just because they happen to be inhabitants of an area considered to be an Islamic militant stronghold. Members of the more moderate Islamic parties such as Society of Peace (previously Hamas) and En-Nahda are not often targeted by the authorities. Non active sympathisers of FIS are unlikely to be at risk of persecution. People who are known to be, or who are perceived as active FIS supporters could be at risk from the authorities. Individuals who have distributed radical Islamic literature may face problems, including imprisonment. There have been reports of ill-treatment of relatives, friends or neighbours of individuals who have been targeted by the authorities. [16]

A.7 The government claims that the security forces only kill when there are armed clashes with terrorists. The National Observatory for Human Rights (ONDH) which is linked to the government, reported that military and service personnel have been punished for human rights abuses. [5,7] It was reported that tough sentences were handed down by the Criminal Court in Algeria to members of the municipal guards who were being prosecuted for "pre-meditated murder and arson". Another report stated that there were an unspecified number of policemen, military and pro-government militiamen were sentenced in court or were in custody pending trials for abuse. The UN Eminent Panel was provided with a list of around 140 cases in which action had been taken against members of the security forces. [6(k)(l),29]

A.8 Amnesty International claim that these militias have deliberately killed individuals who they believe are terrorists. It also appears that they either act with the security forces, or sometimes take action on their own initiative. [23] There are reports that militias abuse their power, and Amnesty International claim that at the end of 1995, relatives of a GIA leader Antar Zouabri were killed by an anti - Islamic militia group. The Algerian authorities have said that many militia group members would be tried for human rights abuses (see paragraph A.3 above). [9] In June 1998 the criminal court of Tizi Ouzou announced the verdict in the case of a group of communal guards, tried on charges ranging from arson to premeditated murder, for an August 1997 raid on the homes of villagers known to be family members of terrorists. Three villagers were killed, and several houses were burned during the raid. The sentences ranged from 10 years' imprisonment to capital punishment in absentia. [8]

A.9 The UN Eminent Panel were informed by Algerian Government representatives that there were about 3,600 terrorists remaining in the country. Armed groups and terrorists are also alleged to have committed serious human rights abuses. They have apparently killed government officials and some have targeted those they consider do not live according to Islamic values. Some of their activities appear to be criminal rather than political. They appear to have killed whilst committing robberies or when involved in operating protection rackets (see also Annex F) [7,29]

A.10 Since the cancellation of the elections in 1992 and the banning of the FIS there have been several Islamic armed terrorist groups operating in Algeria. The government claims that the security forces are only authorised to kill during armed clashes with terrorists. There are numerous reports that the security forces have killed people suspected of involvement in armed groups. There are also reports that security forces have failed to intervene to protect civilians from the terrorists, even though many of the massacres have taken place close to army barracks.[7]

A.11 It has been reported that armed groups have deliberately and arbitrarily killed civilians, carried out indiscriminate and random attacks resulting in the death of civilians, issued death threats and subjected their victims to rape and other forms of torture. Whilst allegations of violations of human rights have been levelled against the Government it has been reported that the terrorists were guilty of crimes against the human species. [9,29]

A.12 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 6 1999. 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. The AIS chief Madani Mezrag said in a statement that "The AIS has decided to abandon definitively it's armed activities against the authorities". The AIS decision has led to factions within the GIA announcing a decision to give up their arms. However, whilst 40 members of the GIA in the Bouira Province have surrendered and other GIA factions are in talks with the AIS, spokesmen for other GIA factions called the decision "high treason". [37(a)(b)]

A.13 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 for the Moslem rebels and submitted the National harmony Law to Parliament at the beginning of July (see Annex H for details of the bill). On July 4 President Bouteflika pardoned around 2 thousand prisoners imprisoned for terrorist and subversive activities against the Government. [37©(e)]

A.14 There is a wide range of estimated number of missing persons in Algeria -from 2,000 to 20,000. The National Human Rights Observatory had, since 1994, received approximately 3,100 complaints from families of missing persons. In 1997, it was reported that 706 people had gone missing. Some information had been submitted to the UN Eminent Panel that indicated that some of the missing persons had allegedly been arrested or taken by, or last seen with, security or law enforcement personnel. Human Rights Watch have collected testimonies showing that persons are often seized from their homes by forces that refuse to identify themselves or provide reasons for their arrest. Many of those detained are held for weeks or months without being brought before a judge or informed of the charges against them. [6(m),27,29]

A. 15 In July 1999, the International Federation of Human Rights Leagues (FIDH) sent the United Nations information on 537 people reported missing in Algeria after they were arrested by security forces, these were in addition to 1,000 people previously reported to the UN working group on forced disappearances. FIDH also reported that Algeria was the country where most disappearances had been reported world-wide. [37(n)]

A.16 Other information received by the UN Eminent Panel stated that some of those missing had joined the terrorists. There were also numerous reports of disappearances by "terrorists" and some armed "Islamic Groups" have issued "fatwas" allowing for the abduction and rape of women (see section on women). [29]

A.17 The Algerian Government are to open offices to provide information about hundreds of missing people. The offices, to be set up in Algiers and other provinces, will receive "requests by people asking for information about their disappeared relatives". [6(n)]

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B.1 Children have been seriously affected by the security situation and persistent violence in Algeria. Children who have survived massacres suffer psychological problems after witnessing bloody massacres sometimes of their own families. Some are handicapped and there are many orphans. [29]

B.2 The government claims to protect children's rights. Children between the ages of 6 to 15 are entitled to free education and receive free care. It has been stated that Girl children have considerably benefited from education opportunities and facilities. In 1994 a "fatwa" was issued by terrorists forbidding all children from going to school. However, families have resisted the "fatwa" and there are 7.5 million children in schools. [7,29]

B.3 Legal experts claim that the Penal and Family Codes do not offer children enough protection. It is alleged that there are dozens of child abuse cases each year which require hospital treatment. There are laws against child abuse, but it is alleged that many cases go unreported. A report by the General Directorate of National Security stated that 2,242 children were the victims of physical violence, sexual abuse and ill-treatment in 1997. [6(o),7]

B.4 The Constitution outlaws discrimination based on birth, race, sex, belief, or any other personal or social condition. However women do face legal and social discrimination. Some parts of the law, as well as tradition, discriminate against women. The 1984 Family Code is based largely on Islamic law, and treats women as minors under the guardianship of a husband or male relative. A woman needs her father's or male guardian's permission to marry, and she is not allowed to marry a non-Moslem while the same restriction does not apply to a man. The family code also provides for the husband to be the head of the family and that only men are able to pass on their citizenship to their children. [7,28]

B.5 The Algerian government approved amendments to the Family Code in April 1998 when it gave more rights to women emphasising on 2 main areas. The first is polygamy where Algerian men will now have to obtain the approval of both the current and future spouse. The other significant change is in the area of real estate ownership where in the case of divorce, and if the court grants custody of children to the woman, she is entitled to own the housing property they live in. Although these changes were significant they were met with strong resistance from the feminist movement in Algeria who were asking for more rights. [6(p)]

B.6 The 1990 Labour Act forbids sexual discrimination on the labour market. Social pressure deters many women from undertaking higher education courses or careers, and women make up only 8% of the workforce. They are nevertheless active throughout the country in a variety of professions, as officials, in the army, education, the legal profession and the medical sector, and hold prominent positions as ministers, parliamentarians, and leader of a political party. These women include Ms Dalilah Taleb who is the editor of the La Nation newspaper and Mrs Rabea Mechernene who was appointed to the post of National Solidarity and the Family following the elections in June 1997. [6(q),7,29,32]

B.7 The abuse of wives by their husbands is reported to be common by women's rights groups. It appears to be more common in rural areas. There are no laws to protect women from rape or abuse by their husbands. Battered women need to produce a medical certificate before they approach the police. Women's rights groups claim that less than half of the women attacked visit doctors. They also claim that the police and courts are lenient with men who are accused of spousal abuse. (7)

B.8 The abduction and rape of women by the armed opposition groups is frequently reported. The Ministry of the Interior estimated that 2,084 women were raped between 1993 and the beginning of July 1998 and that the whereabouts of 319 women remained unknown. They claim to have been abducted, particularly in rural areas, and held prisoner. They report being raped, often by more than one member of the group. They also claim to have been beaten and threatened with death. Some were reportedly killed whilst trying to escape.(9) The armed extremist groups also seem to specifically target women, and as many as 80% of the victims of massacres are women and children. There are unconfirmed reports that security personnel have also committed rape. [6(r),7]

B.9 An executive decree was signed by Algeria's Health Minister on 5 May 1998 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". The Ministry of the Interior stated that 85 cases of abortions after rape between 1993 and the beginning of July 1998 were recorded. In October 1998 the first-ever rape crisis centre was opened in Tipasa province for women who had been raped by terrorists. [6(a)(r),8]

B.10 The Berbers are the major ethnic minority in Algeria and comprises a little over one quarter of the population. The Berber population is concentrated in the mainly mountainous areas of Kabylia, Chaouia, the Mzab and the Sahara. They were the original inhabitants of Algeria. The Berbers wish to keep their own language (Amazigh) and culture. The National Charter of 1996 recognised the Berber culture and language as one of the components of Algerian identity. It is now possible to study for a degree in Berber culture and Amazigh. The state controlled television broadcasts programmes in Amazigh. Although Amazigh is not currently taught routinely in schools, a pilot has been set up to teach the Berber language in some schools. A commission has also been set up to promote Berber culture and introduce the Berber language into education and communications systems.[15,34]

B.11 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. All in all, 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. The United Nations Human Rights Committee called on the law to be reviewed as to remove the negative consequences that it produces. [6(g)(h),28)

B.12 It was reported that Matoub Lounes, a popular Berber singer, was killed and his wife and 2 sons were wounded at a false roadblock by a terrorist group on 25 June. Rioting in Berber towns developed with protesters claiming the Algerian regime were the murderers. However, the singers sister blamed the Islamists who had previously kidnapped Matoub Lounes in 1994 and had repeatedly threatened his life. His funeral on 28 June was attended by 50,000 to 100,000 mourners and initiated further demonstrations against the Algerian authorities. [6(d)(e)(f)]

B.13 There is no evidence of persecution by the Algerian authorities just because an individual is of Berber origin. Berbers hold high office in the government, army, business, and journalism.[7] Many citizens claim to have Berber ancestry.[15]

B.14 The Tuaregs (nomadic Berbers) are a group of people who originate from the Berbers. The 12,000 Tuaregs live almost exclusively among the mountainous massifs of Ajjer and Ahaggar in southern Algeria. They are not prominent in politics because they are relatively few in number, and live a nomadic existence.[7,34]

B.15 The official religion is Islam, as declared in the Constitution, and the vast majority of the population are Moslems. A High Islamic Council was created following an amendment to the Constitution in 1996 and its role is a consultative one. Those Christians in Algeria tend to be Europeans, and are members of the Roman Catholic or Protestant churches. There is also a very small Jewish population. The Family Code prohibits women from marrying non-Moslems, although this is not always enforced. Moslem men are allowed to marry non-Moslem women. The government appoints preachers to mosques and provides guidance for sermons. It is claimed that activities in mosques are monitored for security reasons.[1,7,29]

B.16 Discrimination on the grounds of religion is prohibited by the Constitution, and the Government respects this right in practice. The small Christian and Jewish populations in the country respects this right in practice. In 1994 the GIA declared its intention to eliminate Jews, Christians and Polytheists from Algeria. In 1996 there were several murders by Islamic militants of Christian religious figures. Conversions from Islam are rare because of safety concerns and potential legal and social problems. Individuals who do convert from Islam tend to practice their religion clandestinely. [7,8]

B.17 It was reported on Algerian Radio that there were clashes between Sunni and Shi'a Muslims in June 1998. This fighting was allegedly over control of one of the terrorist groups in the west of Algeria. [6(s)]

B.18 Articles 255 to 270 of the Military Justice Code (MJC), define various types of desertion and the applicable sanctions, which vary according to whether the desertion takes place in Algeria or abroad, and whether it takes place in peacetime or when the country is at war. Desertion within Algeria is punishable by six months to five years in prison in peacetime, and by two to ten years in prison in wartime. In cases of conspiracy (i.e., where more than two men desert together), the prison sentence varies from one to ten years in peacetime and from five to fifteen years in wartime. If the desertion takes place outside Algeria, the sentences run from two to ten years in prison in peacetime and from 10 to 20 years in prison in wartime. Articles 266 and 267 of the MJC make desertion a capital offence in some circumstances. [38]

B.19 Article 16 of the NSC states that if a conscript who has received his marching orders does not appear at the designated site within 30 days of the indicated date, he will be considered to be absent without leave, unless the delay was caused by circumstances beyond his control. The MJC establishes various punishments for absence without leave depending on whether the country is at war or at peace. A person convicted of being absent without leave in peacetime can receive a prison sentence of three months to five years. In wartime, the person can be imprisoned for two to ten years . An officer convicted of being absent without leave can, in addition, be discharged. [38]

B.20 It has been reported that people suspected of being absent without leave are arrested by the police and immediately brought before a military tribunal which "is free to decide the punishment for the individual," according to the law. However, it was also reported that absence without leave is not considered to be a major issue by the Algerian authorities, those convicted of this offence are usually sent to their units to do their national service.

B.21 Amnesty International's Swiss branch concluded its report on Algerian national service legislation by stating that the current legislation established very harsh punishments for Algerian deserters and draft evaders. In addition, according to the same source, [translation] "the climate that currently prevails in Algeria increases the risk of torture since deserters and draft evaders can easily be taken for supporters of Islamist movements". However, there have been no reports of torture being used against soldiers who are absent without leave. The two Algerian human rights organisations-the Observatoire national des droits de l'homme (ONDH), which is linked to the state, and the Ligue algérienne des droits de l'homme (LADH) have stated that they have received no complaints of this nature. Both these organisations also indicate that the situation today is considerably different from what it was in the 1970s, when soldiers who were absent without leave might have been treated more harshly. Furthermore, Luis Martinez, a professor specialising in Algerian military affairs at the Centre d'études et de recherches internationales in Paris believes that young Algerians who return to Algeria are not tortured if they have not fulfilled their military obligations. Furthermore, UNHCR are not aware of the authorities using excessive or inhumane or discriminatory treatment in the case of deserters and draft evaders. [16,38]

B.22 In its 1997 report Algeria: Civilian Population Caught in a Spiral of Violence, Amnesty International maintained that young Algerians who had just finished their military service were targeted by self-proclaimed "Islamist" armed groups. On 25 January 1999, it was reported that a young man who had just finished his military service was killed by Islamists in M'chedallah, in the Bouira region (120 km east of Algiers). Between 1993 and 1995, when the "terrorist activity" was at its peak, Islamists reportedly put up posters in mosques threatening to kill young Algerians who reported for national service duty. However, it has been claimed that a number of measures taken by the government have diminished this type of Islamist activity. Today, the "terrorists" launch general attacks against the civilian population in the regions rather than targeting specific individuals. However, from time to time, the press continues to report cases of Islamists attacking or harassing Algerians who have recently finished their national service. [38]

B.23 Section 338 of the Penal Code states that homosexual acts between men and between women are punishable with a term of imprisonment of up to three years. (20) However in practice it is unlikely the authorities would take action against homosexuals. [21]

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C.1 The Constitution provides for the right of association, but the 1992 Emergency Law and Government practice severely restrict it. All citizens except judges, army and security service personnel, and members of the Constitutional Council have the right to join political parties. In February 1997 a new law was passed banning political party ties to non-political organisations. Some more moderate Islamist parties were however able to conduct their political activities, although not with total freedom. In mid-1997 the Interior Ministry dissolved a party called the Movement for Democracy in Algeria (MDA) led by Ahmad Ben Bella, a former president, for failing to submit the names of it's founding members in line with the new laws on political parties. Some specialised groups such as human rights, social welfare and women's rights groups are allowed to operate. [7,8]

C.2 In March 1997 Law 97-09 came into force governing the formation and activities of political parties. Whilst recognising, in Article 42 of the Algerian Constitution, the right to create parties, the constitution prohibits the creation of parties on the basis that is "religious, linguistic, racial, gender-related, corporalist or regional". Human Rights Watch have stated that Law 97-09's broadly worded ban on particular categories of political parties violates the right of supporters of parties that claim a basis in the proscribed categories to associate with one another and to vote for representatives of their choice. [27]

C.3 30 political parties were dissolved on 19 May for failing to abide to the new rules on political parties. 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 A for full list). [6(b)(c)]

C.4 Workers have the right to establish a union and about two-thirds of the labour force belong to unions. The General Union of Algerian Workers (UGTA) is an umbrella organisation of unions. The law prevents unions from associating with political parties. The Islamic Syndicate of Workers (SIT) was dissolved in 1992 as it had been organised by the FIS. [7]

C.5 The Government permits some specialised groups to function such as human rights and women's rights groups, social welfare groups, youth associations, and regionally-based cultural organisations. [8]

C.6 The right of association and freedom of assembly are provided for in the Constitution. The 1992 Emergency Law restricted these rights in practice. The State of Emergency decree gives the Interior Minister and local governors sweeping powers to "restrict or prohibit the movement of persons and vehicles" and to order the "temporary closure of [all types of] halls and ban all demonstrations that could disturb the public order and peace". The Interior Ministry grants licenses to all non-governmental associations. Those without licenses are regarded as illegal. The government have refused permits. Many of the demonstrations the Government have banned were announced as peaceful events organised to express criticism of government policies or support other policies to end the country's strife. [7,27]

C.7 In December 1998 the Government refused the Algerian League for the Defence of Human Rights (LADDH) authorisation to hold a public commemoration ceremony marking the 50th anniversary of the United Nations Convention on Human Rights. The Government has refused meeting requests by various public interest groups, such as the Association of Victims of Terrorism, the National Syndicate of Magistrates, and the Independent Syndicate of University Professors. In October the Interior Ministry prohibited one of the large youth associations from holding a national conference. [8]

C.8 The constitution provides for freedom of speech. The radio and television are under government control, with coverage biased in favour of the Government's policies. During the election campaigns of June and October 1997 opposition parties were able to put forward their views more easily, although the majority of the time was given over to the National Democratic Rally - the new government party created in 1997. [7,8]

C.9 The UN Eminent Panel reported that there was a pluralistic and vibrant press in Algeria. However, despite journalists and newspaper editors stressing their attachment to freedom of the press there were problems evident. The Government has a monopoly on printing and this has sometimes been used to bring pressure to bear upon independent newspapers. Furthermore, the Government are able to exert some control over the press by the use of advertisements. With State enterprises being in the great majority and advertisements being placed by the Government or such enterprises, the allocation of advertisements can constitute a method of influencing or even silencing segments of the press. The panel was informed that several newspapers with "commercial problems", which could result in closure, were due to the way the Government used its monopoly economic power to punish those with whom it had political differences. [7,29]

C.10 In 1998 the Government withdrew the Interior Ministry guided "reading committees" that had been stationed at printing presses since February 1996 and stopped enforcing directives, issued in 1993 and 1994, forbidding publication of unauthorised information related to security issues. The "reading committees" had reviewed security-related items prior to publication and decided which items to censor. [27]

C.11 There were no reports during 1998 of the Government putting journalists under "judicial control". In previous years, the Government used this practice to harass journalists who wrote offending articles by requiring the journalists to check in regularly with the local police and preventing them from leaving the country. The Government harassed journalists through the regular use of criminal defamation statutes to prosecute newspapers for their publications of news and opinions. In July journalist Kadi Ihsan was arrested on his way to a human rights conference in Geneva. He was given a 4-month suspended sentence for allegedly "threatening and insulting" the editor of a pro-government newspaper. In October the editor of Le Matin was given a 4-month suspended sentence and fined for publishing articles that were critical of senior officials. In general, journalists exercised self-censorship by not publishing criticism of specific officials. [8]

C.12 In October 1998 7 non-Government newspapers were suspended until November. They had ceased printing in what was ostensibly a dispute over debt repayment with the state-run printers. However it was widely believed that the Government had used its control of the printers to punish the newspapers for carrying articles critical of the government during October. [31(d)]

C.13 There are no Islamist newspapers in print due to government pressure; however, legal Islamic political parties have access to the existing independent press, in which they express their opinions freely. [8]

C.14 Freedom of internal and foreign travel is permitted by law. However, some journalists are not permitted freedom of movement. Senior officials from the FIS are also not allowed to travel, and the FIS President Abassi Madani is under house arrest. Young men who are due to be conscripted into the army are also not allowed to leave the country without special authorisation. Women under the age of 19 and males under 18 are not allowed to travel abroad without their husband's or father's permission. [7]

C.15 On at least two occasions, the Government prohibited groups of children who were disadvantaged economically or the victims of terrorism from travelling abroad for recreational purposes under NGO-sponsorship. The Government claimed that the children would be exploited by the foreign media. Human rights groups countered that the Government did not want the children exposed to questions regarding government involvement in security incidents. [8]

C.16 If a state of emergency is announced (there is one in force currently), the Interior Minister and the provincial governors have the authority to deny residency in certain areas to those regarded as a threat to order. The Government also restricts travel into four southern provinces, where much of the hydrocarbon industry and many foreign workers are located, in order to enhance security in those areas. The police and the communal guards operate checkpoints throughout the country. They routinely stop vehicles to inspect identification papers and to search for evidence of terrorist activity. They sometimes detain persons at these checkpoints. [7,8]

 C.17 Armed Islamist groups intercept citizens at false roadblocks in various regions to rob them of their cash and vehicles, or to kill them. According to press reports, armed groups sometimes massacred groups of civilian passengers at these roadblocks. In February 1996 the GIA warned Algerians of draft age not to travel. This warning has not been revoked. [7,8]

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Ahmed Attaf -- Minister of Foreign Affairs

Hocine Ait Ahmed -- Socialist Forces Front leader has returned to Algeria to participate in Presidential elections following self-exile.

Ali Belhadj -- FIS vice president. Has been detained since mid-1995. Is currently in prison.

Ahmad Ben Bella -- First President of Algeria after independence. Leader of the now banned MDA.

Cheikh Ali Benhadjar -- Leader of the Islamic League for the call and the Jihad (LIDD) - a fundamentalist Islamic militia.

Abdelhak Benhamouda -- Former Secretary General of the General Union of Algerian Workers (UGTA). He was killed in January 1997

Mohammed Boudiaf -- Former FLN veteran- leader of the military backed regime from January 1992 until January 1994. Assassinated

Abdelaziz Bouteflika -- Elected President of Algeria in April 1999. Formerly the Tourist Minister (1963) and then Foreign Minister.

Liamine Cheikh -- One of the leading figures in the Rally for Culture and Democracy (RCD)

Abdallah Djaballah -- Former leader of Ennahda, now an Independent candidate in Presidential elections.

Bouabdellah Ghlamallah -- Minister of religious affairs

Salima Ghezali -- Editor of the banned Algerian newspaper- La Nation. She was awarded the Sakharov prize for freedom of thought.

Abdelkader Hachani -- Senior FIS official. Led FIS election campaign in 1991.

Anouar Haddam -- Head of the self-declared FIS Parliamentary Mission Abroad.

Abdelhal Layada -- Former GIA leader-currently in jail

Abbassi Madani -- One of the main FIS leaders. Often described as the No. 1. Sentenced to 12 years in prison in July 1992. Released in 1997 - now back under house arrest.

Madani Mezrag -- AIS Commander

Khalida Messaoudi -- Member of the RCD party. She campaigns for women's rights. Hard-line anti-Islamist.

Sheik Mahfoud Nahnah -- Leader of MPS - formerly Hamas. Came second in the Presidential elections in 1995.

Ahmed Ouyahia -- Prime Minister

Ahmed Zaoui -- Former member of the FIS consultative committee and acting official spokesman for the new FIS co-ordination council abroad. Recently sought asylum in Switzerland.

Ali Zouita -- Prominent lawyer- was held in detention from 1993 until 1997 despite being acquitted by a court of aiding a terrorist group

Antar Zouabri -- GIA leader - alleged to have been killed in 1997

President Liamine Zeroual -- Former President of Algeria. Elected November 1995 for a 5 year term. Previously served as president of a transition government established by the army in 1994. Resigned in April 1999.

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1962 Algeria gained independence after a war with France.

The provisional government transferred it's functions to the FLN in August. A draft constitution providing for the FLN as the sole party was adopted. In September Ben Bella was elected President.

1965 Ben Bella deposed in a bloodless coup by Colonel Houari Boumedienne

1976 November: A new constitution was approved by a referendum, maintaining Islam as the state religion and formulating plans to create a socialist system.

December: Boumedienne was elected President unopposed.

President Boumedienne died.

1979 The FLN committee chose Colonel Ben Djedid Chadli as the Presidential candidate

1984 January: Presidential election won by Chadli.

1985 22 Berber cultural and human rights activists were imprisoned after being convicted of belonging to illegal organisations. 18 alleged supporters of former President Ben Bella were also detained.

1986 January: Referendum approved a new National Charter. This encouraged the development of the private sector. Several Muslim fundamentalist groups formed an alliance calling themselves the Party of Allah. The influential

Ahl ad-Da'awah group (people of the Call) were responsible for putting pressure on the authorities to take account of Moslem interests. As a result of this the constitution was amended in January to take account of Moslem interests.

1987 The Government introduced austerity measures to cope with the decline in petrol prices and the increase in Algeria's national debt. Several leading members of an Islamic fundamentalist group were killed by security forces.

1988 The austerity measures provoked a series of strikes. In October there were riots in Algiers, spreading to Oran and Annaba. A six day state of emergency was imposed, and according official sources 159 people were killed in confrontations with government forces, and more than 1,500 were arrested.

November: A referendum approved the proposal that non-FLN candidates to participate in elections.

December: Chadli elected President for a third term.

1989 February: A new constitution ending the one party state was approved by referendum.

1990 Widespread strikes and demonstrations occurred, caused in part by the Islamic fundamentalists.

June: In the local elections the FIS received 55% of the votes cast.

August: A general amnesty was announced and thousands of political prisoners were released.

December: Demonstrations followed the announcement that Arabic was the official language, and the use of French and Berber in schools and official translations would be punished by fines.

May : FIS organised general strikes to protest about the organisation of the forthcoming elections.

June: Violent clashes between Islamic fundamentalists and security forces resulted in between 20 and 50 deaths.

July: Army units arrested about 700 Islamists and occupied the headquarters of the FIS. The President of FIS - Abbasi Madani and the Vice President Ali Belhadj arrested.

December: First round of the general election - FIS were the largest party with 47.5% of the votes cast.

January: The National People's Assembly dissolved, and President Chadli resigned. The second round of voting was cancelled. A five member High Council of State (HCS) was appointed to act as a collective presidency until the expiry of Chadli's term of office in December 1993. The chairman was Muhammad Boudiaf.

February: HCS declared a state of emergency.

March: FIS dissolved by the Government.

June: Boudiaf assassinated. Replaced as chairman by Ali Kafi.

July: Madani and Belhadj were sentenced to 12 years imprisonment. Violent protest demonstrations resulted.

December: A curfew imposed in Algiers and six neighbouring areas.

February: State of emergency renewed for an indefinite period.

May: large demonstrations took place, mainly organised by the UGTA.

July: Kasdi Merbah, former Prime Minister was assassinated.

January: Liamine Zeroual appointed Head of State for a three-year term. A three year transition period culminating in a presidential election was announced.

September: Madani and Belhadj released from prison and placed under house arrest. The GIA threatened reprisals if FIS entered into dialogue with the regime, and it increased it's number of violent attacks. The Berber RCD announced a boycott of the school year, and Berber activists staged a general strike in Kabyle, protesting about the exclusion of the Berber language from the school syllabus, at the possibility of FIS entering into dialogue with the government.

April: President Zeroual resumed discussions with the FLN and FFS. These collapsed however. November: Presidential election. There were four candidates, and President Zeroual won 61% of the valid votes. The FLN, FFS and FIS urged people to boycott the elections.

November: A referendum approved changes to the constitution which included changing the law regulating political parties, banning those based on religion, language, gender or regional differences.

January: The Secretary General of the UGTA, Abd al- Hak Benhamouda assassinated.

March: supporters of President Zeroual set up the National Democratic Rally (RND) to run in the 5 June legislative election.

April: FIS called for a boycott of the elections. Hamas changed it's name to Movement of a Peaceful Society, to conform with the new laws regulating political parties.

June: Elections - the turnout was officially recorded as 65%. The National Democratic Rally won 155 seats and became the largest party in the National Assembly. They formed a coalition with the Islamist Movement of a peaceful society, and the National Liberation Front.

September: FIS chief Madani released, but by September he was under house arrest. The violence continued. Algerian troops shot dead more than 50 suspected Moslem rebels.

October: A major split occurred in FIS, when supporters of Madani denounced other FIS leaders for declaring a cease-fire of it's military wing the Islamic Salvation Army. Local elections were won by the National Democratic Rally. In October and November the main legal opposition groups organised demonstrations against what they saw as fraud in the elections. Demonstrators were beaten with batons.

December: Members of Algeria's local councils chose representatives to sit in the upper house of parliament. The National Democratic Rally won 35 of the first 42 seats decided.

February: Four other armed Algerian fundamentalist organisations, the Ansar Battalion, the Al-Sharq al-Awsat, the Rahman Battalion and the Islamic League for the all and the Jihad had joined the truce announced by the armed wing of the FIS in October 1997. The violence continues in the early part of 1998, and 400 were killed in one massacre.

May: 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.

30 political parties were dissolved for failing to abide to the new rules on political parties.

June: Matoub Lounes, a popular Berber singer, was killed and his wife and 2 sons were wounded at a false roadblock by a terrorist group on 25 June. Rioting in Berber towns, 50,000 to 100,000 mourners attended his funeral and initiated further demonstrations.

July: Implementation of a law generalising the use of Arabic in enterprises and public departments.

Eminent Panel appointed by the Secretary General of the United Nations visit

September: President Zeroual announced that he will leave office before his term ends officially and will hand over power after presidential elections early 1999.

December: Controversial plan for compensation for victims of terrorism submitted to parliament.

January: The plan was dropped after demonstrations complaining about the plan to compensate equally the families of both the victims of terrorism and the perpetrators of violence.

Members of the National Independent Committee for the Monitoring of the Presidential Election (CNISEP) were appointed by President Zeroual.

February: President Zeroual sets April 15 for Presidential election

March: Election watchdog announces that seven politicians qualify to contest the Presidential election - Hocine Ahmed, Mouloud Hamrouche, Mokdad Sifi, Abdelaziz Bouteflika, Ahmed Taleb Ibrahimi, Youcef Khatib and Abdallah Djaballah.

April: On 15 April six of the seven candidates withdraw from the elections claiming fraud

16 April the election goes ahead with Abdelaziz Bouteflika announced the winner.

June: The Islamic Salvation Army declared an end to their guerrilla struggle against the Government on 6 June.

President Bouteflika promised an amnesty for the AIS and its supporters and submitted an amnesty law as part of the National Harmony Law.

July: Approximately 2 thousand prisoners imprisoned for terrorist and subversive acts.

Organisation of African Unity Summit (OAU) held in Algiers

August: Nearly half of the Provincial governors sacked

September: Referendum on the question of "Do you agree with the Presidents approach to restoring peace and civil accord ?" was won by the Yes votes.

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AIS Islamic Salvation Army (Armed wing of the FIS) (Former Terrorist group)

FIDA Islamic Front for Holy War (Terrorist group)

FFS Front des Forces Socialistes - Socialist Forces Front (Political Party)

FIS Front Islamic de Salut - Islamic Salvation Front (Political Party)

FLN Front de Liberation Nationale - National Liberation Front (Political Party)

GIA Group Islamic Armee - Armed Islamic Group (Terrorist group)

MDA Mouvement pour la Democratie en Algerie - Algerian Movement for Democracy (Political Party)

MIA Armed Islamic Movement (Former Terrorist group)

MPS Movement of a Peaceful Society (formerly Hamas) (Political Party)

NCC National Consultative Council

NPA National People's Assembly

OJAL Organisation of Young Free Algerians

ONDH National Observatory for Human Rights

PRA Parti de Renouveau Algerian - Algerian Renewal Party (Political Party)

RCD Rassemblement pour la Culture et la Democratie - Rally for Democracy and Culture (Political Party)

RND National Democratic Rally (Political Party)

UGTA Union Générale des Travailleurs Algériens

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The FIS was founded on 10 March 1989 as an umbrella organisation for Islamist groups. It may have existed in some form prior to this. The FIS was banned on 4 March 1992. The two main founders were Abbasi Madani and Ali Belhadj. They were arrested on 30 June 1991 and charged with conspiring to overthrow the government.[12] They were put under house arrest in September 1994. The aims of the FIS are to overthrow the government and create an Islamic state based on the Sharia. The FIS claims to be the only true Islamic party and draws it's support from all sections of society.[12]

Until February 1989 this was the only legal party in Algeria. [12] This party led the seven year war of independence with France, which ended in 1962. It has a basically socialist philosophy. In 1995 it appeared to align itself more closely with the views of President Zeroual. It has members in the National Assembly. The leader is Boualem Benhamouda.[3]u

This party had existed originally been set up in 1963, and was revived in 1990. The President is Hocine Ait-Ahmed, who has returned to Algeria to participate in Presidential elections following self-exile in Europe. The party believes in democratic socialist principles, and dialogue with the FIS. It obtains most of it's support from Berbers and middle-class urban residents in Algiers and some other cities. [3]u [13]

This party was set up in 1989 by former FFS members. This party is largely made up of Berbers. It advocates recognition of the Berber language, Tamazight, as a national language.[14] It supports the government in it's campaign against the Moslem fundamentalist rebels. It is against the politicisation of the Moslem faith.[3]u [13]

This party was founded in April 1997 and is made up of President Liamine's supporters. In the June 1997 elections it won 155 seats and is the largest party in the National Assembly. The leader is the former Prime Minister Ahmed Ouyahia who was elected secretary-general in January 1999. [3]u [13]

Movement of a Peaceful Society (MPS) - Formerly Hamas

This party used to be known by it's Arab acronym Hamas. The name was changed in April 1997 in order to meet the criteria of a new law banning political parties based on religious or ethnic issues. It is a moderate Islamic party led by Mahfoud Nahnah. This party is the smaller party in a 3 party coalition dominated by the RND.[3]u

This is a more radical Islamic party than the MPS. It is the fourth largest party in the National Assembly. Following a disagreement within the party the leader Abdallah Djaballah is standing as an independent candidate in the Presidential elections. [13]

This was set up in 1989 by former FFS members It supports the military in their fight against the Moslem rebels. It believes in a secular state and does not believe in the politicisation of the Moslem faith. [13]

The formation of this party was announced on 1 September 1997. The president is Mohamed Hadef. It's aims are to build a state which does not alienate it's citizens and build social cohesion. [3(v)]

- Amal Movement (Mouvement Amal);

- Boumedienist National Front (Front National Boumedieniste);

- Front of Djihad for National Unity (Front du Djihad pour I'Unite Nationale);

- Just Liberating Party (Parti Liberateur Juste);

- National Movement of Algerian Youth (Mouvement National de la Jeunesse Algerienne);

- Union of Algerian People (Union du Peuple Algerien);

- National Bloc (Bloc National);

- Science, Justice and Labour Party (Parti pour la Science, Justice et Travail);

- Social Justice Party (Parti de la Justice Sociale);

- Algerian Party for Justice and Progress (Parti Algerian Pour la Justice et le Progres)

- National Union of Popular Forces Party (Parti de l'Union des Forces Populaires);

- People's Unity Party (Parti de l'Unite Populaire);

- Democratic Forces Front (Front des Forces Democratiques);

- Man is the Capital Party (Parti de l'Homme Capital);

- National Salvation Front (Front National de Salut);

- Union of Democratic Forces (Union des Forces Democratiques);

- Democratic Movement for Algerian Renewal (Movement Democrate du Renouveau Algerian);

- El Haq Party (Parti El Haq);

- Social Liberal Party (Parti Social Liberal);

- Algerian People's Movement (Movement du Peuple Algerian);

- Ettahadi Movement (Movement Ettahadi) (Ettahadi is an Arabic acronym for Ettadamun, solidarity; Hadatha, progress; and Democratiya, democracy);

- Social Democratic Party (Parti Social Democrate);

- Republican Party (Parti Republicain);

- Algerian Liberal Party (Parti Liberal Algerian);

- Popular Forces Front (Front des Forces Popularies);

- Party of Tomorrow's Authenticity (Parti de l'Authenticite de Demain);

- Socialist Democratic National Party (Parti National Democratique Socialiste);

- Algerian National Rally (Rassemblement Algerian);

- Ecology and Liberty Party (Parti pour L'Ecology et Liberte);

- The National Alliance of Independent Democrats (Alliance Nationale des Democrates Independants)

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The official results of the Communal and Municipal elections were announced on 24 October 1997.

10. 7 million votes were cast, 68% of the electoral roll.

The Parti des Travailleurs (PT) got 11,741 votes, one -tenth of one per cent.

 MUNICIPAL

9.9 MILLION VOTES WERE CAST, 63% OF THE ELECTORAL ROLL.

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.

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Islamic Salvation Army (AIS)

The AIS was created in mid-1994 as the armed wing of the FIS. They briefly united with the GIA in May 1994, but split again in July 1995. Exact numbers of members are unknown, but in 1995 it was estimated at approximately 6,000. Although the exact relationship with the leaders of FIS is not clear, it may be that the leaders of the AIS act with a certain amount of autonomy and are not directly controlled by the FIS.[12] They have now merged with the Armed Islamic Movement (MIA). Following the cease-fire, announced in October 1997, the AIS declared an end to their guerrilla struggle against the Government on June 6 1999. The decision for the cease-fire was seen as taken to distance itself from the Armed Islamic Group (GIA), which is widely blamed for horrific massacres of thousands of Algerian civilians. The AIS chief Madani Mezrag said in a statement that "The AIS has decided to abandon definitively it's armed activities against the authorities". A spokesmen for some GIA factions called the decision "high treason". [37(a)(b)]

In response to the AIS decision, the Government drafted a law that will provide an amnesty to their members, either re-integrating them back into society or providing reduced sentences. [37(b)]

This group was founded in 1989, and claims to be involved in a Jihad or holy war. It aims to overthrow the current regime and set up a fundamentalist Islamic state. [12] It claims that it's stronghold is in Ouled Allel, south of Algiers. This group have allegedly been responsible for some of the worst atrocities since the outbreak of violence in 1992, including the killing and abduction and rape of women. It is also alleged that they have targeted families of members of the security forces, schoolgirls, intellectuals, artists, journalists and women not wearing the veil. They are also believed to have been responsible for numerous bombings. They briefly united with the AIS in May 1994, but split again in July 1995. The GIA is highly fragmented. In July 1995 one of it's leaders Zitouni, who had been in charge since October 1994, was assassinated. Antar Zouabri is now the leader of one factions. [1,3(x),7]

A number of members of GIA have surrendered to the Algerian authorities within the framework of the measures provided by the law on restoring civil accord.

[37(b)(l)]

The Salafist Group for Call and Combat was a former faction of GIA but split from the group in mid 1998. It is now led by Adelmadjid Dichou who succeeded Hassan Hattab.

This is led by Mustapha Kertali. It joined the cease-fire announced by the AIS in October 1997. [3]q

This is led by Ali Benhadjar. It joined the cease-fire announced by the AIS in October 1997.[3]q

The leader is Omar el-Fidai. [3(m)(I)] This group has assassinated celebrities, intellectuals and politicians. [3] y

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(THIS LIST IS NOT EXHAUSTIVE)

El Watan - newspaper - respected for it's security reports

Liberte newspaper

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The bill derives its provisions from the four main points on which the Presidents initiative aimed at giving substance to national reconciliation is based.

1. To adhere to the constitution and make sure that the fundamental laws

of the republic are implemented.

2. To uphold the right of the victims of terrorism and take care of them.
3. To express gratitude to the institutions and all the sincere nationalists

who deserve credit for rescuing the country.

4. To open the door to all those who went astray for whatever reason.

This draft law, which is aimed at treating the causes of the ordeal once and for all, falls within this integral vision and is made up of two fundamental principles:

1. All those who want to benefit from the arrangements set out and comply

with its laws. This will have to be expressed in 6 months at the latest after the publication of the law.

2. Every crime of killing or rape will be prosecuted sooner or later.

This bill includes 452 articles divided into 7 paragraphs. The first paragraph, which is that of the general provisions, includes 2 articles. The second paragraph, which is about exemption from prosecution or dropping charges, is made up of 3 articles, deals with what has been termed the deferment [of prosecution] of the trial period. The fourth paragraph concerns the reduction of sentences and consists of 3 articles. The fifth paragraph is about regulations and includes 6 articles. The sixth paragraph deals with special provisions and consists of 4 articles. Finally, the seventh paragraph is about the final provisions and has 3 articles. The arrangements set out in this bill can be classified into 3 cases.

1. Exemption from prosecution or dropping of charges.
2. Deferment [of prosecution] or trial period.
3. Reduction of sentences.

1. Exemption from prosecution or dropping of charges:

In the context of the principle of exemption from prosecution, as stipulated by Order 95/12 on clemency measures, and in implementation of the principle of the most appropriate law for the defendant, this bill includes provisions which exempt from prosecution people who were not involved in killings nor caused permanent disability, committed rape, nor used explosives in public places. None of these crimes will remain unpunished, but the violation of property, which is unacceptable, is not classified as having the same degree of gravity. Its purely material nature makes it more acceptable for a pardon in order to solve a crisis which, if it were to continue, would cost further human and material losses. Anyone who possesses weapons or ammunition or other materials and who hands them over to the authorities of their own volition could benefit from these measures and have the prosecutions against them dropped.

2. Deferment of prosecution or trial period:

Every sentence has 2 aims, the first of which is based on the idea of reinforcement [as heard] while the second is educational, based on the idea of remorse, repentance and reintegration into society.

It is true that our society needs to be reassured about the sincerity of the repentance of the individuals and the groups who were responsible for attacks against it. In this respect, the trial period for them is considered as one of the appropriate ways of ascertaining the sincerity of their intention to mend their ways and the success of integration.

This measure does not exist in Algerian law but it is not incompatible with the spirit of the Algerian law which has, as one of its foundations, the principle of adapting prosecution. It defers immediate prosecution but it is not a full pardon. It maintains the person’s responsibility for the offence. It also preserves the possibility of prosecution. Both these are maintained as a test for the person so long as it has not been ascertained that he has mended his ways. The law has fixed the deferment or trial period to a minimum of 3 years and a maximum of 10 years.

This measure will help achieve 3 objectives:

1. Not to drop the criminal nature of the terrorist act immediately.
2. To respect the feelings o the national community.
3. To preserve the security of the state from the risk of the subversive

groups forming again.

This category, in other words the deferment of the prosecution or the trial period, covers the cases stipulated in Articles 6 and 7 of the bill. It is worth noting that a regional committee, chaired by a judge, in this case a public prosecutor, and made up of 2 state officials and one representative of the bar association, will manage and monitor the arrangements of this legal category.

After the deferment and trial period, which ranges, as I have mentioned, between 3 and 10years, public prosecution will cease and the people concerned will benefit from the arrangements set out in the third category of this law, namely the arrangements regarding the reduction of sentences.

1. The reduction of sentences:

The system of reduction of sentences in the current legislation does not differentiate, for example, between the age of the perpetrators of collective massacres who should be, by special legislation, distinguished from the perpetrators of other crimes.

The reduction of sentences is an exceptional arrangement and, therefore, a time limit should be set for it in order to prevent those concerned from hoping to benefit from more flexible measures. Informing those people about these provisions is an expression of the state’s indulgence; therefore the text of the draft law stipulates the deferment of their sentences or their release by subjecting them in all cases to a trial period. The reduction of sentences, for example, therefor applies to the sentences defined by the penal code to a maximum of life imprisonment. The current draft law reduces life imprisonment to a maximum of 12 years. If the maximum sentence ranges between 10 and 20 years’ imprisonment, the sentence will be reduced to 7 years and so on.

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[1] Europa, Regional Surveys of the World, The Middle East and North Africa, 1999

[2] BBC Monitoring - Summary of World Broadcasts:

(a) Algerian Radio, Algiers ,8 June 1998

(b) Algerian TV, Algiers, 1 April 1998

(c) Algerian TV, Algiers, 27 July 1998

(d) Algerian Radio, Algiers, 9 March 1998

(e) Algerian Radio, Algiers, 30 December 1998

(f) AFP News agency, Paris,14 September 1998

[3] Reuters Reports:

[4] Foreign & Commonwealth Office - background brief May 1995

[5] UNHCR: Background paper on Refugees and Asylum Seekers from Algeria. October 1995

[6] Reuters Reports:

[7] 1997 US State Department Human Rights Report for Algeria

(released 30 January 1998)

[8] 1998 US State Department Human Rights Report for Algeria

(released February 26, 1999)

[9] Algeria - Civilian population caught in a spiral of violence. Amnesty International November 1997

[10] Human Rights Watch: Algeria vol 9 no 4 June 1997

[11] Human Rights Watch: Calls for Immediate Release of Lawyer Sentenced in Unfair Trial

[12] Algeria - Islamism _ The State and Armed Conflict

Research Directorate - Immigration and Refugee Board Canada June 1995

[13] Political Parties of the World 4th Edition. Compiled/Edited by Alan J Day, Richard German and John Campbell updated 1996

[14] UNHCR Centre for Documentation & Research: Bureau of Democracy, Human Rights & Labour February 1996

[15] UNHCR Guidelines Relating to Asylum Seekers

Updated November 1997

[16] UNHCR letter dated 19 January 1997

[17] UNHCR letter and guidance dated 24 August 1995

[18] UNHCR _ Algeria- Sanctions Applicable to Deserters on Return to Algeria 4 April 1995

[19] The Economist Intelligence Unit - 13 February 1998 - Algerian Country View

[20] Gay and Lesbian Human Rights Commission -Algeria- The Status of Gays and Lesbians

[21] Refworld: July 1996: UNHCR Centre for Documentation and Research (The situation of homosexuals in Algeria)

[22] Algeria: Political and Human Rights update: Research Directorate- Documentation and Research Branch Immigration and refugee Board : Canada: November 1996

[23] Algeria: Fear and Silence, a Hidden Human Rights Crisis ; Amnesty International November 1996

[24] Immigration and Refugee Board, Canada, 12 January 1999 ; Information on military service in Algeria , Ref : DZA30914.E

[26] Immigration and Refugee Board, Canada, 12 January 1999 ; Information on military service in Algeria , Ref : DZA30915.E

[27] Human Rights Watch - Algeria's Human Rights Crisis - August 1998

[28] United Nations, Concluding Observations of the Human Rights Committee on Algeria. CCPR/C/79/add.95

[29] United Nations, Report of Eminent Panel, July - August 1998.

[30] Foreign and Commonwealth Office Policy Statement, July 1998.

[31] Keesings Record of World Events

(a) January 1998

(b) January 1999

(c) October 1999

(d) November 1999

(e) December 1999

(f) January 1999

7. April 1999
8. May 1999

[32] Netherlands Immigration Department, Situation in Algeria (July 1998)

[34] World Directory of Minorities, edited by Minority Rights Group International, published in 1997

[35] Financial Times, 13 July 1999

[36] Lexis-Nexis News agency, Business Monitor, 12 October 1995

[37] Reuters Reports

[38] Research Directorate, Immigration and Refugee Board, Canada, 9 April 1999 ; Algeria: National Service , Ref : DZA31268.FEX

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