Права человека в Алжире: обзор и проблемы.

Overview of human rights in Algeria

In 2011, the then Algerian president Abdelaziz Bouteflika lifted a state of emergency that had been in place since the end of the Algerian Civil War in 2002, as a result of the Arab Spring protests that had occurred throughout the Arab world. Serious challenges to human rights in Algeria have included torture, arbitrary arrest and detention, serious restrictions on free expression and media, overly restrictive laws on the organization, funding, or operation of NGOs, restrictions of religious freedom, serious government corruption, people trafficking, significant restrictions on workers’ freedom of association and child labor. In 2017, Human Rights Watch reported the Algerian government had increasingly resorted to criminal prosecutions against bloggers, journalists, and media figures for peaceful speech, via articles in the country's penal code criminalising "offending the president", "insulting state officials" and "denigrating Islam", in addition to dismissing peaceful demonstrations as "unauthorised gatherings". Bouteflika resigned in 2019 after months of protests following the declaration of his intention to run for a fifth term as president. Following an interim period, Abdelmadjid Tebboune was elected president, who spoke out in favour of protestors. Despite this, Human Rights Watch reported in 2021 that the Algerian government continued to arrest and imprison protestors, activists, and journalists from the Hirak movement, alongside amending the country's constitution to restrict freedom of speech and further curtail judicial independence.

Discrimination based on birth, race, gender, and a number of other attributes is illegal, although women, in particular, face considerable and systemic discrimination. Although it is unconstitutional, the government monitors the communications of its political opponents, the news media, human rights organizations, and terrorist suspects. Homes are searched without warrants. The constitution also guarantees freedom of speech and of the press, but with various caveats. Public comments about the conduct of government forces during the 1990s are illegal, as are criticism of Islam, speech that insults government leaders, or anything that threatens "national unity" or offends against "individual dignity". Pressure is exerted by the government on the news media, largely by arresting journalists for defamation, which is defined broadly and punished harshly under Algerian law. Self censorship by some journalists is common, although other journalists do not hesitate to criticize the government openly. Radio and TV, which are entirely state owned, provide slanted coverage and deny access to opponents of the regime. Most newspapers are printed at government owned presses, and the regime uses this fact to exert influence on editors and reporters. It also exerts influence by wielding the power of the government owned advertising company to place or not place ads in various publications. Internet access is usually not a problem, although the government monitors e mail accounts and chat rooms. Academic conferences and the like are sometimes subject to governmental interference, with visas sometimes being denied to foreign scholars who have been invited to participate in such events. In the past, Algerian academics have needed official approval before attending conferences abroad, and are often denied that approval. This casts doubt on the state of religious freedom in Algeria. In general, non Muslims are socially tolerated, but some discrimination and abuse exists, and many Christians keep a low profile. Although the rights of assembly and of association are guaranteed by the constitution, they are severely curtailed in practice. Demonstrations have been banned in Algiers since 2000. Permits are required for public meetings, and are often difficult to obtain. Official approval is required in order to form political parties and many other types of organizations, such as NGOs. In May 2012, HRW complained that the Algerian government had been using "arrests and other tactics to keep people from demonstrating in the capital in the period leading up to the May 10, 2012 elections". Peaceful demonstrators in Algiers, including at least one candidate for election, were being detained, and some individuals had been prevented from entering the city. HRW noted that while the state of emergency had technically been lifted February 2011, security forces were still enforcing "repressive laws on public gatherings, including a ban on gatherings in Algiers". HRW described these laws as being "contrary to Algeria's binding human rights obligations under international law" and called on the country's government to "end its unjustified restrictions on freedom of assembly in Algiers". Similarly, although the constitution guarantees free movement, this, too, is restricted in practice. There are limits on travel to and through the country's southern provinces. The minister of interior is empowered to place people under house arrest. Young men who still owe the country military service cannot leave the country without permission. Married women cannot travel abroad without their husbands' permission. A 1992 state of emergency law remains in effect, and the government is especially concerned with enforcing the restrictions on assembly and association. These restrictions, which are used to limit the activities of opposition political parties and other opponents of the regime, are among the major human rights problems in Algeria. On 21 February 2022, the Human Rights Watch reported that the Algerian authorities arbitrarily imprisoned human rights defenders, civil society activists, opposition figures and journalists for peacefully exercising their rights to speak and assemble. On 2 March 2022, Amnesty International reported that Algerian authorities ramped up their assault on civil society, with 27 human rights defenders and peaceful activists arrested in February. According to the reports, the authorities have sought to suppress Hirak protests, have arrested hundreds of activists, human rights defenders and journalists, and held them in pretrial detention or sentenced them under vaguely worded charges.

The Algerian Family Code of 1984, according to Amnesty International, "imposed many serious limitations on women's rights, including the right to equality before the law and the right of self determination". In November 2019, a new constitution was approved by 66% of voters in a referendum, with a national turnout of 23%, a historical low. Despite this, it was reported that feminicides continued into 2020, with at least 36 murders of women and girls. Between 2019 and 2021, the Féminicides Algérie platform registered 187 cases of men murdering women in Algeria because of their gender, referred to as femicides.

A child can inherit Algerian nationality from either parent. The child of a Muslim father is automatically Muslim. Education through high school is free and, up to age 16, compulsory. Although illegal, child abuse is a problem, attributed to a "culture of violence". Child sexual abuse is technically punishable by 10 20 years in prison but offenders rarely receive such long sentences. Algeria is not a signatory of the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Similar to other countries in the Maghreb region, this results in a high number of children in institutions in Algeria.

Human Rights Watch said in its annual report 2015 2016 that Algerian authorities continued to suppress peaceful protests by prohibiting all kind of gatherings held without prior approval. According to Article 97 of the penal code, organizing or participating in an unauthorized gathering, even if it is peaceful, is regarding a crime and imposes a penalty of up to one year in prison. In February, a court sentenced eight members of the National Committee for the Defense of the Rights of Unemployed Workers to one year prison after convicting them of "unauthorized gathering" and "exercising pressure on the decisions of magistrates".

Discrimination on the basis of disability is illegal, but this law is not well enforced, and social prejudice is common. torture, beatings, or vigilante execution. Police join in on the attacks,

Government approval is required to form unions, and a union can lose its legal status for various reasons. Strikes are permitted, but require government approval, and are only allowed after two weeks of mediation or conciliation. Collective bargaining is permitted. Forced labor is prohibited. The Ministry of Labor is supposed to enforce the ban on child labor, but 1.5 million Algerian children work, mostly on farms and in shops. There is a low minimum wage, but enforcement of it is inconsistent. however, the Algerian government is helping the workers with benefits. There are rules about work hours and the like which are better enforced in the public than in the private sector.

Arbitrary arrest and detention is unconstitutional in Algeria, but there is nonetheless frequent use of pretrial detention. A 2009 report noted that suspects were subjected to "physical abuse and other brutalities" while in pretrial detention and during questioning. A summons is required to compel a suspect to preliminary questioning and to compel defendants and plaintiffs to appear in court. Warrantless arrests may be made by police who have witnessed an offense. There are also rules indicating how long suspects may be held without charge, These procedures are usually followed. A major problem, however, is that suspects are often held before trial for very long periods. Prosecutors' requests to extend preventive detention are rarely denied by judges. There is no bail, but defendants are often released pending trial, and must report regularly to the police. The right to legal representation, and to government paid counsel if one cannot afford to pay, is respected. Torture is forbidden by law but there were a few reports of this in 2022.

Although Algeria's constitution stipulates that the judiciary is to be independent and provide fair trials, the president has ultimate power over the courts and defendants' rights are not always respected. Defendants enjoy the presumption of innocence, the right to present witnesses and evidence, the right to appeal, and other rights, and these rights are generally respected. In the past, verdicts have often been influenced by family connections and status. Human Rights Watch complained in June 2012 about the cases of eight terror suspects who had been detained secretly for several years and who faced "trials of questionable fairness because the judges refuse to allow an important witness to testify". These cases, according to HRW, underscore "the continuing obstacles faced by those charged with terrorist offenses, even after authorities lifted a state of emergency in 2011, to obtaining justice that is both prompt and fair". Sarah Leah Whitson of HRW said that "President Abdelaziz Bouteflika speaks often about judicial reform, but when it comes to trying suspected militants, reform does not yet mean fairness."

As a rule, prison conditions are below international standards, and human rights groups are not allowed to inspect many facilities. Overcrowding is a widespread problem, as are poor lighting, ventilation, food, and hygiene. Prisoners are allowed regular family visits and private worship. In the past, Amnesty International and Human Rights Watch have both complained that members of radical Islamic groups are treated more harshly in prison than others.