Section 2. Respect for Civil Liberties, Including:
The constitution provides for freedom of speech, including for the press, but the government sometimes restricted this right.
Freedom of Expression: The law provides for freedom of speech, and the country has a free press. There were reports authorities at times used pressure, regulations, and threats to silence critics. Criticism of the central government was regular and generally free from restrictions, but criticism of provincial governments was more constrained, where local officials and power brokers exerted significant influence and authority to intimidate or threaten their critics, both private citizens and journalists. Discussion of a political nature is also more dangerous for those living in contested or Taliban-controlled areas. Government security agencies increased their ability to monitor the internet, including social media platforms. This monitoring did not have a perceptible impact on social media use.
Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views. Implementation of the Access to Information Law remained inconsistent and media reported consistent failure by the government to meet the requirements of the law. Government officials often restricted media access to government information or simply ignored requests. UNAMA, Human Rights Watch, and Reporters without Borders (Reporters Sans Frontieres, RSF) reported the government did not fully implement the Access to Information Law and that therefore journalists often did not receive access to information they seek.
Journalists faced the threat of harassment and attack by ISIS-K, the Taliban, and government-related figures attempting to influence how they are covered in the news. The Committee to Protect Journalists reported that 13 journalists were killed in connection to their work in 2018, including nine journalists killed in an ISIS-K suicide bombing. Local NGO Nai Supporting Open Media in Afghanistan released findings that violence against journalists declined by 50 percent in the first six months of the year compared with the first six months of 2018. In February, two journalists, Shafiq Arya and Rahimullah Rahmani, were shot and killed by unknown assailants at local radio station Radio Hamsada in Takhar Province.
A rapid expansion in the availability of mobile phones, the internet, and social media provided many citizens greater access to diverse views and information. The government publicly supported media freedom and cooperated with initiatives to counter security threats to media.
Journalists reported facing threats of violence from the internal conflict. Politicians, security officials, and others in positions of power at times threatened or harassed journalists because of their coverage. According to RSF, female journalists were especially vulnerable.
Freedom of speech and an independent media were more constrained at the provincial level than in the capital, Kabul. Political and ethnic groups, including those led by former mujahedin leaders, financed many provincial media outlets and used their financial support to control the content. Provincial media is also more susceptible to antigovernment attacks. According to news reports, a Samaa radio station was forced to shut down its operations for the third time since 2015 because of threats from a local Taliban commander.
Print and online media continued to publish independent magazines, newsletters, newspapers, and websites. A wide range of editorials and dailies openly criticized the government. Still, there were concerns that violence and instability threatened journalists’ safety. Due to high levels of illiteracy, most citizens preferred broadcast to print or online media. A greater percentage of the population, including those in distant provinces, had access to radio over other forms of media.
Violence and Harassment: Government officials and private citizens used threats of violence to intimidate independent and opposition journalists, particularly those who spoke out against impunity, crimes, and corruption by powerful local figures. On May 2, Presidential Protective Service guards at the palace physically assaulted a broadcast journalist from 1TV television. In June an NDS employee beat the Ariana News reporter and cameraperson who was covering the controversial closing of an Afghan-Turk school in Kabul.
The Afghan Journalist Safety Committee (AJSC) reported three journalists killed in the first six months of the year. It recorded 45 cases of violence against journalists, which included killing, beating, inflicting injury and humiliation, intimidation, and detention of journalists–a 50 percent decrease from the first six months of 2018. Government-affiliated individuals or security forces were responsible for 18 instances of violence, half as many as in 2018 when 36 cases were attributed to them. Instances of violence attributed to the Taliban and ISIS-K also declined sharply from 2018–from 37 cases to seven cases. The organization insisted the reduction was not due to better protection from the government but rather due to a lower number of suicide attacks by antigovernment forces, as well as media companies’ adaptation to the reality of violence by not sending journalists for live coverage of suicide attacks and other self-imposed safety measures.
The Taliban continued to attack media organizations and warned media would be targeted unless they stopped broadcasting what it called “anti-Taliban statements.” In June the Taliban commission threatened media to stop transmitting “anti-Taliban advertisements” within one week or “reporters and staff members will not remain safe.”
Increased levels of insecurity created a dangerous environment for journalists, even when they were not the specific targets of violence. During the year several journalists reported attacks by unknown gunmen connected, they claimed, to their coverage of powerful individuals. They also reported local governmental authorities were less cooperative in facilitating access to information.
In 2016 the Office of the National Security Council approved a new set of guidelines to address cases of violence against journalists, but these guidelines were not fully implemented. The initiative created a joint national committee in Kabul and separate committees in provincial capitals, a coordination center to investigate and identify perpetrators of violence against journalists, and a support committee run by the NDS to identify threats against journalists. Press freedom organizations reported that, although the committee met and referred cases to the AGO, it did not increase protection for journalists.
Media advocacy groups reported that many female journalists worked under pseudonyms in both print and social media to avoid recognition, harassment, and retaliation. According to the AJSC, there were no female journalists in nine provinces: Farah, Laghman, Logar, Nuristan, Paktika, Paktiya, Sar-e Pul, Uruzgan, and Zabul.
Censorship or Content Restrictions: Media observers claimed journalists reporting on administrative corruption, land embezzlement, and local officials’ involvement in narcotics trafficking engaged in self-censorship due to fear of violent retribution by provincial police officials and powerful families. Journalists and NGOs reported that, although the amended 2018 Access to Information Law provided an excellent regulatory framework, enforcement remained inconsistent and that noncompliant officials rarely were held accountable. A survey by an NGO supporting media freedom showed more than one-half of journalists were dissatisfied with the level of access to government information and found that one-third of government offices did not have dedicated offices for providing information to the public. Most requests for information from journalists who lack influential connections inside the government or international media credentials are disregarded and government officials often refuse to release information, claiming it is classified.
Libel/Slander Laws: The penal code and the mass media law prescribe jail sentences and fines for defamation. Authorities sometimes used defamation as a pretext to suppress criticism of government officials.
National Security: Journalists complained government officials frequently invoked the national interest exception in the Access to Information law to avoid disclosing information.
Nongovernmental Impact: Some reporters acknowledged they avoided criticizing the insurgency and some neighboring countries in their reporting because they feared Taliban retribution. Insurgent groups coerced media agencies in insecure areas to prevent them from broadcasting or publishing advertisements and announcements of the security forces, entertainment programming, music, and women’s voices.
Women in some areas of the country say their freedom of expression in choice of attire was limited by conservative social mores and sometimes enforced by Taliban in insurgent-controlled areas as well as religious leaders.
The government did not restrict or disrupt access to the internet, and there were no credible reports the government monitored private online communications without appropriate legal authority.
Media outlets and activists routinely used social media to discuss political developments, and Facebook was widely used in urban areas. The Taliban used the internet and social media to spread its messages. Internet usage remained relatively low due to high prices, a lack of local content, and illiteracy.
There were many reports during the year of Taliban attempts to restrict access to information, often by destroying or shutting down telecommunications antennae and other equipment.
Academic freedom is largely tolerated in government-controlled areas. In addition to public schooling, there has been growth in private education, with new universities enjoying full autonomy from the government. Government security forces and the Taliban have both taken over schools to use as military posts. The expansion of Taliban control in rural areas left an increasing number of public schools outside government control. The Taliban operated an education commission in parallel to the official Ministry of Education. Although their practices varied among areas, some schools under Taliban control reportedly allowed teachers to continue teaching but banned certain subjects and replaced them with Islamic studies. In February the NDS arrested Kabul University lecturer Mawlai Mubashir Muslimyar on charges of encouraging approximately 16 students to carry out terrorist attacks.
The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights; however, the government limited these freedoms in some instances.
The government generally respected citizens’ right to demonstrate peacefully. Numerous public gatherings and protests took place during the year; however, police sometimes fired live ammunition when attempting to break up demonstrations. Protests were also vulnerable to attacks by ISIS-K and the Taliban. In January the Wolesi Jirga, or lower house of parliament, voted to reject a presidential decree that would have given police broad authority to prevent demonstrations.
The constitution provides for the right to freedom of association, and the government generally respected it. The 2009 law on political parties requires political parties to register with the Ministry of Justice and to pursue objectives consistent with Islam. The law prohibits employees and officials of security and judicial institutions, specifically the Supreme Court, AGO, Ministry of Interior, Ministry of Defense, and NDS, from political party membership while government employees. Noncompliant employees are subject to dismissal.
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation. The government generally respected these rights.
In-country Movement: The government generally did not restrict the right to freedom of movement within the borders of the country. Social custom limited women’s freedom of movement without male consent or a male chaperone. The greatest barrier to movement in some parts of the country remained the lack of security. Taxi, truck, and bus drivers reported security forces and insurgents sometimes operated illegal checkpoints and extorted money and goods from travelers. The Taliban regularly blocked highways completely or imposed illegal taxes on those who attempted to travel. In August the Taliban captured Dasht-e-Archi District, Kunduz Province and Pul-i-Khumri District, Baghlan Province, blocking roads leading to the Kabul highway for more than two weeks.
Internal population movements increased during the year because of armed conflict and an historic drought. The UN Office for the Coordination of Humanitarian Affairs, reported more than 380,289 individuals fled their homes due to conflict from January 1 to November 6. The displacements caused by conflict surpassed by approximately 85,000 the number of those displaced by natural disaster during the year. Most internally displaced persons (IDPs) left insecure rural areas and small towns to seek relatively greater safety and government services in larger towns and cities in the same province. All 34 provinces hosted IDP populations.
Limited humanitarian access because of the deteriorating security situation caused delays in identifying, assessing, and providing timely assistance to IDPs, who continued to lack access to basic protection, including personal and physical security and shelter. Many IDPs, especially in households with a female head, faced difficulty obtaining basic services because they did not have identity documents. Many IDPs in urban areas reportedly faced discrimination, lacked adequate sanitation and other basic services, and lived in constant risk of eviction from illegally occupied displacement sites, according to the Internal Displacement Monitoring Center. Women in IDP camps reported high levels of domestic violence. Limited opportunities to earn a livelihood following the initial displacement often led to secondary displacement, making tracking of vulnerable persons difficult. Even IDPs who had access to local social services sometimes had less access than their non-IDP neighbors, due to distance from the services or other factors.
Abuse of Migrants, Refugees, and Stateless Persons: The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR), the International Organization for Migration (IOM), and other humanitarian organizations to provide protection and assistance to internally displaced persons, refugees, returning refugees, and other persons of concern. The government’s ability to assist vulnerable persons, including returnees from Pakistan and Iran, remained limited, and it continued to rely on the international community for assistance.
Access to Asylum: The government had yet to adopt a draft national refugee law or asylum framework. Nonetheless, UNHCR registers, and mitigates protection risks of approximately 500 refugees in urban areas throughout the country. The country also hosts some 76,000 Pakistani refugees who fled Pakistan in 2014; UNHCR registered some 41,000 refugees in Khost Province and verified more than 35,000 refugees in Paktika Province.
Durable Solutions: The government did not officially accept refugees for resettlement, offer naturalization to refugees residing on its territory, or assist in their voluntary return to their homes. The IOM reported undocumented returns from Iran and Pakistan totaled 504,977 from January 1 to December 29, with 485,096 from Iran and 19,881 from Pakistan. Registered refugee returns from Pakistan slowed to historically low levels during the year, with just 2,000 returns as of June 22. In addition to these numbers, there were 23,789 undocumented Afghan returnees from Turkey.
NGOs noted the lack of official birth registration for refugee children as a significant challenge and protection concern, due to the risk of statelessness and potential long-term disadvantage.
Section 2. Respect for Civil Liberties, Including:
The constitution provides for freedom of speech and press, and independent media outlets regularly criticized and satirized government officials and policies, but the government on some occasions restricted these rights. The government’s actions included harassment of some critics; arbitrary enforcement of vaguely worded laws; informal pressure on publishers, editors, advertisers, and journalists; and control of an estimated 77 percent of the country’s advertising money in newspapers and magazines and 15 percent of billboard revenue and printing capabilities. Some media figures alleged the government used its control over most printing houses and large amounts of public sector advertising preferentially, and that the lack of clear regulations over these practices permitted it to exert undue influence on press outlets.
Freedom of Expression: While public debate and criticism of the government were widespread, journalists and activists believed they were limited in their ability to criticize the government publicly on topics crossing unwritten “red lines.” Authorities arrested and detained citizens for expressing views deemed damaging to state officials and institutions, including the use of the Berber flag during protests, and citizens practiced self-restraint in expressing public criticism. The law criminalizing speech about security force conduct during the internal conflict of the 1990s remained in place, although the government said there had never been an arrest or prosecution under the law. A separate law provides for up to three years’ imprisonment for publications that “may harm the national interest” or up to one year for defaming or insulting the president, parliament, army, or state institutions. Government officials monitored political meetings.
NGOs reported during the year that following suppression of public activities in years past, they no longer hold events outside of private locations. They also report that owners of public gathering spaces have been told not to rent their locations to certain NGOs.
Press and Media, Including Online Media: The National Agency for Publishing and Advertising (ANEP) controls public advertising for print media. According to the NGO Reporters without Borders, private advertising existed but frequently came from businesses with close links to the ruling political party. The ANEP stated in September that it represented 77 percent of the total advertising market. Nongovernmental sources assessed the majority of daily newspapers depended on ANEP-authorized advertising to finance their operations. ANEP added it wished to preserve a pluralistic press and freedom of information and noted that it funded opposition newspapers. The government’s lack of transparency over its use of state-funded advertising, however, permitted it to exert undue influence over print media.
Police arrested blogger Merzoug Touati in 2017 on charges stemming from his online publication of an interview with a former Israeli diplomat. In May 2018 a court sentenced him to 10 years in prison. In June 2018 an appeal trial reduced his sentence to seven years. On March 4, the second judgement was annulled, and he was retried in a court in Skikda, resulting in a two-year prison sentence and a three-year suspended sentence, allowing for his release.
Many civil society organizations, government opponents, and political parties had access to independent print and broadcast media and used them to express their views. Opposition parties also disseminated information via the internet and published communiques but stated they did not have access to the national television and radio. Journalists from independent print and broadcast media expressed frustration over the difficulty of receiving information from public officials. With the exception of several daily newspapers, the majority of print media outlets relied on the government for physical printing materials and operations.
Organizations wishing to initiate regular publications must obtain authorization from the government. The law requires the director of the publication to hold Algerian citizenship. The law additionally prohibits local periodicals from receiving direct or indirect material support from foreign sources.
In September the Ministry of Communication stated there were 265 accredited written publications. Of the daily printed publications, the ministry stated six were state-operated.
The ministry’s Media Directorate is responsible for issuing and renewing accreditations to foreign media outlets operating in the country. Although this accreditation is required to operate legally, the vast majority of foreign media were not accredited. Regulations require the shareholders and managers of any radio or television channel to be citizens and prohibit them from broadcasting content that offends “values anchored in Algerian society.”
The ministry also issues and renews accreditation of foreign correspondents reporting in the country. According to the ministry, there were 13 accredited foreign press agencies reported during the year. In addition, seven private domestic television channels, 13 foreign broadcasting channels, and one foreign radio station–the BBC–operated throughout the year.
The law mandates that online news outlets must inform the government of their activities but does not require them to request authorization to operate.
Censorship or Content Restrictions: Some major news outlets faced direct and indirect retaliation for criticism of the government. Press outlets report taking extra caution before publishing articles critical of the government or government officials for fear of losing revenue from ANEP.
On June 12, authorities blocked access to the IP address for Tout sur l’Algerie (TSA), a news site, which had also been blocked in 2017. Authorities also blocked news websites Algerie Part and Inter-Lignes on June 15 and July 31, respectively. The day following the block on Inter-Lignes, former minister of communication, Hassan Rabehi, and former president of the National People’s Congress, Karim Younes, denounced the blocking of TSA and Inter-Lignes websites and the pressure the government had placed on the media.
During a media interview, Omar Belhouchet, the editor of El Watan, an independent daily newspaper, said that media companies self-censor regarding certain topics. According to Belhouchet, the government has a monopoly on advertising that it uses to punish those who criticize the government.
Libel/Slander Laws: NGOs and observers criticized the law on defamation as vaguely drafted and said the definitions in the law failed to comport with internationally recognized norms. The law defines defamation as “any allegation or imputation of a fact offending the honor or consideration of a person, or of the body to which the fact is imputed.” The law does not require that the fact alleged or imputed be false or that the statement be made with malicious intent to damage another individual’s reputation. Defamation is not a crime but carries a fine ranging from 100,000 to 500,000 Algerian dinars ($850 to $4,252). The Ministry of Justice did not provide information on the percentage of defamation claims that originated from private citizens, as opposed to government officials. Defamation laws specify that former members of the military who make statements deemed to have damaged the image of the military or to have “harmed the honor and respect due to state institutions” may face prosecution.
Printed editions of the monthly news magazine Jeune Afrique have not been available in the country since April 23. At the end of March, the distributor received a notification from the Ministry of Communication to stop importing Jeune Afrique and other titles published by Jeune Afrique Media Group (The Africa Report and La Revue). The ministry authorized the import of only 350 copies of Jeune Afrique for delivery to various institutions. Jeune Afrique online remained available.
The law criminalizes statements denigrating Islam or insulting the Prophet Muhammed or “messengers of God.”
The government monitored certain email and social media sites.
Internet users regularly exercised their right to free expression and association online, including through online forums, social media, and email. Activists reported that some postings on social media could result in arrest and questioning; observers widely understood that the intelligence services closely monitored the activities of political and human rights activists on social media sites, including Facebook.
There was some disruption of communication prior to planned antigovernment demonstrations during the year, namely internet shutdowns, the blocking of access to certain online news sites and social media platforms, and the restricting or censorship of content. In March parts of the country experienced internet outages during a hirak protest. On September 14, internet access was also restricted in parts of the country during hirak protests.
The law on cybercrime establishes procedures for using electronic data in prosecutions and outlines the responsibilities of Internet Service Providers (ISPs) to cooperate with authorities. Under the law, the government may conduct electronic surveillance to prevent terrorist or subversive acts and infractions against state security, pursuant to written authorization from a competent judicial authority.
By law ISPs face criminal penalties for the material and websites they host, especially if subject matters are “incompatible with morality or public opinion.” The Ministries of Justice, Interior, and Post, Information Technology, and Communication have oversight responsibilities. The law provides sentences of six months to five years in prison and fines between DZD 50,000 and DZD 500,000 ($425 and $4,252) for users who do not comply with the law, including the obligation to cooperate with law enforcement authorities against cybercrime.
On August 8, YouTube and several Google websites and services were blocked nationwide for several hours. This block immediately followed the online publication of a video in which former minister of defense, Khaled Nezzar, called on the army to “realize the demands of the people.”
For a third year, the government blocked access to social media sites, including Facebook and Twitter, for several days during nationwide high school examinations. The decision was in response to previous leaks of examination materials, which were posted on social media.
Academic seminars generally occurred with limited governmental interference. The Ministry of Culture reviewed the content of films before they could be shown, as well as books before importation. The Ministry of Religious Affairs did the same for all religious publications. The law gives the authorities broad power to ban books that run counter to the constitution, “the Muslim religion and other religions, national sovereignty and unity, the national identity and cultural values of society, national security and defense concerns, public order concerns, and the dignity of the human being and individual and collective rights.” It further prohibits books that “make apology for colonialism, terrorism, crime, and racism.”
A January 2017 prime minister’s decree clarified the process for the Ministry of Culture’s review of imported books, both in print and electronic form. According to the decree, importers must submit to the ministry the title, author’s name, editor’s name, edition, year, International Standard Book Number, and number of copies to be imported. Importers of books covering the “national movement and the Algerian Revolution” must submit the entire text of the books for review, including a secondary review by the Ministry of the Moudjahidine (Veterans of the Revolution). The Ministry of Culture can also require a full content review of books on other topics if it chooses. The ministry has 30 days to review the importation application; in the absence of a response after 30 days, the importer may proceed with distribution of the publication. After making a determination, the ministry notifies the customs service of the decision to allow or ban the importation of the publication. Appeals may be made to the ministry, with no independent or judicial review provided for in the decree.
A 2017 decree established a commission within the Ministry of Religious Affairs to review imports of the Quran. This decree requires all applications to include a full copy of the text and other detailed information. The ministry has three to six months to review the text, with the absence of a response after that time constituting a rejection of the application. A separate 2017 decree covering religious texts other than the Quran stated, “The content of religious books for import, regardless of format, must not undermine the religious unity of society, the national religious reference, public order, good morals, fundamental rights and liberties, or the law.” The importer must submit the text and other information, and the ministry must respond within 30 days. A nonresponse after this period of time is considered a rejection. Religious texts distributed without authorization may be seized and destroyed.
Although the constitution provides for freedom of peaceful assembly and association, the government severely restricted the exercise of these rights.
Freedom of Peaceful Assembly: The constitution provides for the right of peaceful assembly, but the government continued to curtail this right. A ban on demonstrations in Algiers remained in effect. Authorities utilized the ban to prohibit assembly within the city limits. Nationwide, the government required citizens and organizations to obtain permits from the national government-appointed local governor before holding public meetings or demonstrations. The government restricted licenses to political parties, NGOs, and other groups to hold indoor rallies or delayed permission until the eve of the event, thereby impeding publicity and outreach efforts by organizers.
The ongoing hirak protest movement, which began on February 22, consists of mass, peaceful protest marches taking place every Tuesday and Friday in many locations throughout the country. Hundreds of thousands of individuals have marched peacefully demanding political reforms. The marches occurred mostly without incident, although police at times used tear gas and water cannons as methods of crowd control.
Hotels in Algiers and other major cities continued their practice of refusing to sign rental contracts for meeting spaces with political parties, NGOs, and civil associations without a copy of written authorization from the Ministry of Interior for the proposed gathering. NGOs reported instances of not receiving the written authorization in time to hold planned meetings. NGOs reported that the government threatened hotel and restaurant owners with penalties if they rented rooms to NGOs without official authorization. In most cases, the NGOs continued to hold their meetings and police came to the hotels to end the gatherings.
In July, the Algerian League for the Defense of Human Rights (LADDH) and 15 representatives from other NGOs gathered at a hotel in Oran to discuss migration. Security services prevented the meeting from taking place “in the absence of an official authorization.” The attendees moved their meetings elsewhere and were followed by police who ordered them to disperse.
Throughout the year police dispersed unauthorized gatherings or prevented marching groups of protesters from demonstrating. Police typically dispersed protesters shortly after a protest began and arrested and detained organizers for a few hours. Human Rights Watch, Amnesty International, and other NGOs criticized the government’s use of the law to restrict peaceful assembly.
In September a group of military veterans organized a protest in Algiers, prompting a crackdown by authorities. Press reported 107 protestors were injured along with 51 police and gendarmes.
Freedom of Association: The constitution provides for the right of association, but the government restricted this right.
The law’s extensive requirements and uneven enforcement served as major impediments to the development of civil society. The law grants the government wide-ranging oversight of and influence in the day-to-day activities of civil society organizations. It requires national-level civil organizations to apply to the Ministry of Interior for permission to operate. Once registered, organizations must inform the government of their activities, funding sources, and personnel, including notification of personnel changes. The law imposes an additional requirement that associations obtain government preapproval before accepting foreign funds. If organizations fail to provide required information to the government or attempt to operate with or accept foreign funds without authorization, they are subject to fines between DZD 2,000 and DZD 5,000 ($17 and $43) and up to six months’ imprisonment.
According to the law, associations that apply for accreditation are entitled to receive a response within two months for national organizations, 45 days for interregional-level associations, 40 days for province-level associations, and 30 days for communal organizations. While the Ministry of Interior oversees the accreditation process for most associations, the president of a local assembly approves applications for communal associations.
The Ministry of Interior may deny a license to or dissolve any group regarded as a threat to the government’s authority or to public order, and on several occasions failed to grant, in an expeditious fashion, official recognition to NGOs, associations, religious groups, and political parties. According to the ministry, organizations receive a receipt after submitting their application for accreditation, and after the time periods listed above, this slip is legally sufficient for them to begin operating, to open a bank account, and to rent office or event space. The law does not explicitly include this provision. If the application is approved, the ministry issues a final accreditation document.
Many organizations reported that they never received a deposit slip and that even with the receipt; it was difficult to conduct necessary administrative tasks without formal accreditation. Other organizations reported they never received any written response to their application request even after calling the ministry and trying to register at local police stations. The ministry maintained that organizations that were refused accreditation or that did not receive a response within the specified time period could appeal to the State Council, the administrative court responsible for cases involving the government.
The ministry did not renew the accreditations of the NGOs SOS Disparus (SOS Disappeared), Djazairouna, the LADDH, the National Association for the Fight against Corruption, and the Youth Action Movement, all of which submitted their renewal applications in prior years.
The government issued licenses and subsidies to domestic associations, especially youth, medical, and neighborhood associations. According to the Ministry of Interior, there were 109,000 local and 1,532 national associations registered as of September, including 628 registered since January unlicensed NGOs remained active, but rarely received government assistance, and citizens at times hesitated to associate with these organizations.
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government restricted the exercise of these rights.
The government generally cooperated with the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, and other persons of concern.
In-country Movement: The constitution provides citizens “the right to freely choose their place of residence and to move throughout the national territory.” The government requires that foreign diplomats and private sector personnel have armed security escorts from the government should members of these groups travel outside of Algiers wilaya (province), El-Oued, and Illizi, near hydrocarbon industry installations and the Libyan border, respectively. Citing the threat of terrorism, the government also prevented overland tourist travel between the southern cities of Tamanrasset, Djanet, and Illizi. Newspapers reported that the government restricted foreign tourists from traveling through trails in Tassili and Hoggar, as well as certain areas in and around Tamanrasset, due to security concerns.
Foreign Travel: The constitution states that the right to enter and exit the country is provided to citizens. The law does not permit those under age 18 to travel abroad without a guardian’s permission. Married women under 18 may not travel abroad without permission from their husbands, but married women older than 18 may do so. The government did not permit young men eligible for the draft who had not completed their military service to leave the country without special authorization. The government granted such authorization to students and persons with special family circumstances.
Abuse of Migrants, Refugees, and Stateless Persons: In June the Associated Press (AP) reported that the government had forced an estimated 13,000 migrants over the previous 14 months to walk from Guezzam, Algeria, to Assamakka, Niger, as part of the repatriation process. According to AP reports, some migrants died during the 20-kilometer desert march.
According to UNHCR’s March report on Sahrawi refugees in Tindouf, the government protected a significant number of refugees in five large refugee camps in Tindouf and ran two other smaller camps near Tindouf, one surrounding a women’s boarding school and another used for administrative purposes. The government also protected a smaller urban refugee population, primarily in Algiers. The report noted the refugee population included predominantly Syrians, (an estimated 85 percent), as well as Yemenis, Congolese, Ivoirians, Palestinians, Malians, Central Africans, and other nationalities. UNHCR, the World Food Program (WFP), UNICEF, the Algerian Red Crescent, the Sahrawi Red Crescent, and other organizations assisted Sahrawi refugees.
The International Organization for Migration (IOM) reported in July that officials were deporting an estimated average of 1,000 migrants to Niger per month. International organizations reported that authorities continued to leave deportees at the Algerian/Niger border near Guezzam, Algeria or Assamakka, Niger, where migrants were forced to walk 250 km (155 miles) to the nearest town of Agadez.
There were reports that during government roundup operations of suspected migrants, some of those detained were raped, suffered sexual harassment, or both and that unaccompanied minors were sometimes rounded up and taken to the border for expulsion. Similarly, a diplomat from Burkina Faso was reported to have been rounded up and sent to the Nigerien border.
Refoulement: The government provided some protection against the expulsion or return of refugees to countries where their lives or freedom would be threatened because of their race, religion, nationality, membership in a particular social group, or political opinion. Since the outbreak of violence in northern Mali in 2012, international observers reported an influx of individuals into the country across the Malian border inconsistent with traditional migratory movements. During the year the government deported migrants to Mali. Unlike in previous years, the government expelled some Syrians who the government claimed had been combatants in Syria’s civil war and were involved in networks assisting other Syrians to relocate to Algeria. These Syrians, as well as Yemeni and other nationals, were deported to Niger according to press reports.
According to the IOM, the government repatriated 5,348 migrants to Niger and deported 6,090 migrants to Niger, for a total of 11,438 from January to July, pursuant to a bilateral agreement at the request of the Nigerien government. Various international humanitarian organizations and observers criticized the operations, citing unacceptable conditions of transport, primarily on the Niger side of the border, and what they described as a lack of coordination among the Algerian Red Crescent, the government of Niger, and the Red Cross of Niger. The National Human Rights Committee (CNDH) stated the government had dedicated $12 million to ensure the human rights of migrants during repatriation operations (to include accommodation, food, clothing, health care, medicines, and transportation). The repatriations were conducted in coordination with consular officials from the countries of origin of the migrants, but the migrants were not permitted to challenge their removal. The government stated that it maintained a policy of not removing migrants registered with UNHCR, and that in a few cases it worked with UNHCR to return registered refugees who were mistakenly removed. Air Algerie signed an agreement with the IOM agreeing to provide charter flights for humanitarian supplies and migrants returning voluntarily.
The Ministry of Interior reported in March to a Senate session that approximately 500 illegal migrants try to enter the country daily along the country’s southern borders.
Access to Asylum: While the law provides generally for asylum or refugee status, the government has not established a formal system through which refugees can request asylum. There were no reports that the government granted refugee status and asylum to new refugee applicants during the year. According to UNHCR, the government did not accept UNHCR-determined refugee status for individuals. UNHCR offices in Algiers reported an estimated 200 to 300 asylum requests per month, mostly from Syrian, Palestinian, and sub-Saharan African individuals coming from Mali, Guinea, Central African Republic, Cote d’Ivoire, and the Democratic Republic of the Congo (DRC). Those determined by UNHCR to have valid refugee claims were primarily from the DRC, Cote d’Ivoire, Iraq, and the Central African Republic. There was no evidence of any pattern of discrimination toward asylum applicants, but the lack of a formal asylum system made this difficult to assess.
UNHCR registered more than 10,000 Syrians, but fewer than 7,000 remained registered with UNHCR as of September. The Algerian Red Crescent, which is subordinate to the Ministry of Solidarity, maintained “welcome facilities” that provided food and shelter for those Syrians without means to support themselves. The facilities were located in Sidi Fredj. The government did not grant UNHCR access to these reception centers but reported that by 2016 most Syrians no longer used the centers.
Employment: The government does not formally allow refugee employment; however, many worked in the informal market and were at risk of labor exploitation due to their lack of legal status in the country. Other migrants, asylum seekers, and Malians and Syrians who had a “special status” with the government, relied largely on remittances from family, the support of local family and acquaintances, and assistance from the Algerian Red Crescent and international aid organizations.
Access to Basic Services: UNHCR provided registered refugees with modest food assistance and lodging support. Sahrawi refugees lived predominantly in five camps near the city of Tindouf, administered by the Popular Front for the Liberation of the Saguia el Hamra and Rio de Oro (Polisario). The Polisario (through the Sahrawi Red Crescent Society), UNHCR, WFP, UNICEF, and partner NGOs provided basic services including food aid, primary health care, and primary and secondary education, while the government invested heavily in developing the camps’ infrastructure and also provided free secondary and university educations, as well as advanced hospital care, to Sahrawi refugees. The remote location of the camps and lack of government presence resulted in a lack of access by police and courts. Other refugees, asylum seekers, and migrants had access to free public hospitals, but independent NGOs reported instances of migrants turned away.
School administrators must allow migrant and refugee children to enroll in primary school through high school and require only that they present their passport and documentation showing their level of schooling from their home country. International organizations reported some children had trouble in their attempts to integrate into the educational system but that migrants’ access to education was improving, particularly in the north of the country. These organizations reported that migrant parents were often reluctant to enroll their children in Algerian schools due to language barriers or cultural differences. NGOs also indicated that some migrants were denied treatment at healthcare facilities.
Durable Solutions: The government did not accept refugees from foreign countries for resettlement. The Sahrawi refugees had not sought local integration or naturalization during their 40-year stay in the refugee camps near Tindouf, and the Polisario Front continued to call for a referendum on independence in Western Sahara. The IOM leads an “Assisted Voluntary Return and Reintegration” program to help migrants return to their homes willingly with economic and social support, including personalized professional training and other socioeconomic assistance. Although the government is not a financial donor to the initiative, they do cooperate.
Temporary Protection: The law does not address formal temporary protection, but authorities provided informal, temporary protection to groups such as Syrians, 7,000 registered as of September, and Malians.