ALGERIA
Initial report dated
1 September 1998
Algeria's Civil War
An understanding of Algeria's economic, political, social
and cultural situation depends fundamentally on understanding
the causes, effects, blame and culpability in the country's
current civil war. The conflict has been described as "an undeclared
civil war," "civil strife," and "guerrilla warfare," but no
terms accurately describe the violence in Algeria and its impact
on the Algerian people. The current situation is distinguishable
from civil wars in many other countries by the lack of credible
information about the conflict. It is a war on citizens, who
are increasingly unable to identify the perpetrators of this
mass violence. The lack of government transparency and strict
media control make it nearly impossible to obtain reliable information
about the current status of the war.
Although the war originated as a conflict between Islamic
fundamentalists and the military-backed government of the National
Liberation Front (FLN), innocent civilians have increasingly
become the victims of premeditated and arbitrary Islamist and
government massacres, torture, rape and abductions. The Algerian
government claims that 25,000 people have been killed since
fighting broke out in 1992,1 but most journalists and human rights groups
assert that over 80,000 of the country's twenty-nine million
inhabitants have been killed,2
and at least 3,700 of them are women.3
As of 26 August 1998, 980 citizens had been reported missing
to the Interior Ministry.4
However, the Algerian League for the Defense of Human Rights,
one of the country's most prominent nongovernmental human rights
organizations, has documented over 18,000 cases of "disappearances."5
Background on the War
"This is
not a fight between the military-backed 'Front de Liberation
National' (FLN) Government and Islamic fundamentalists. It is
more like a war against an unarmed civilian population by a
group intent on imposing its narrow vision on all Algerians."
Khalida Messaoudi,
founding member of Algeria's Independent Association for the
Triumph of Women's Rights6
"This war has no
front and no borders. It revolves around the people. Each side
is trying to win over the civilian population, be it through
repression and violence."
Ali Yahia Abdennour,
head of the Algerian League for the Defense of Human Rights7
Algeria attained
independence from France in 1962 following an eight-year war
that left over one million Algerians dead and over two million
homeless.8 Thereafter, the
country was run by the Front de Liberation National' (National
Liberation Front-FLN), a secular political party linked with
the country's military leadership. Algeria's leaders established
the country as a socialist state with a one-party system, with
the FLN the only legal party.9
In 1989, responding
to growing unrest, deteriorating economic conditions, and demonstrations,
the FLN announced the country's first local and national elections.
Local elections were held in 1989 and 1990; the Front islamique
du salut (FIS-Islamic Salvation Front), a fundamentalist political
party seeking to establish Algeria as a state governed by Islamic
law, emerged as the party with the most public support. The
FIS once again gained a clear victory in the first round of
parliamentary elections held in December 1991 and was poised
to win a majority of the seats in the second round, to take
place in 1992. In January 1992, before the second round could
be held, the military intervened, forcing the president to resign
and canceling the election. Algeria's military leadership took
control of the country, imposed a state of emergency, banned
the FIS, and imprisoned its leaders.
In response to the
military coup d'etat, FIS supporters conducted protests and
rallies throughout the country. Government security forces responded
with force and firearms to break them up.10 The government security forces and Islamic military groups
have been fighting ever since, with civilians increasingly drawn
into the conflict. For the most part, Islamic groups are blamed-and
take responsibility-for the violence, but many domestic and
international observers question the government's role, waging
accusations ranging from indifference to complicity in the widespread
violence against civilians.11
The Role and Structure
of the Army
In Algeria, "Army"
is an umbrella term which is used to refer to any one of several
factions. Few clear links exist within the government between
the various security forces and armies and the people to whom
they report. Officers in charge have their own networks of supporters,
making them even more independent of the authorities. As a result
of this nebulous situation, "special military units in hoods
arrest people who then disappear without their families ever
knowing which section of the army is responsible. . . soldiers
are trained to believe that they alone are responsible for keeping
civil peace. They need not account for their actions before
the courts or the people."12
The chain of command
in the country's armed Islamic opposition is equally confusing.
The armed branch of the FIS and the more radical Group Islamique
Arme (GIA-Armed Islamic Group) are the main Islamist military
factions waging war on the government. The GIA is a term ascribed
to several fragmented factions and groups that have claimed
responsibility for killing intellectuals, journalists, unveiled
women and foreigners, and wiping out entire villages in western
Algeria. "But the lack of information about the GIA murders,
along with the government's refusal to investigate GIA crimes,
has bred widespread skepticism about the group's identity, and
some observers suspect that the GIA is directly connected to
the state's intelligence service, designed to discredit the
Islamists."13
The Militarization
of Algerian Society
In addition to the
myriad of government-backed and Islamic military groups, civilians
are becoming perpetrators of violence. Ostensibly in an effort
to reduce violence in rural areas and protect civilians, government
authorities have distributed weapons to civilians and encouraged
the creation of paramilitary groups, whose nominal task is to
protect their community from attacks by armed opposition groups.14 With little training and virtually no accountability,
civilians have become perpetrators of extrajudicial executions
and other abuses. By encouraging citizens' participation in
the conflict, "the Algerian authorities have abdicated their
responsibility to ensure the protection of the civilian population,
and have allowed the rule of law to be further eroded."15
Violence is most
widespread in rural areas of western and central Algeria, particularly
the regions that voted most widely for the FIS in the 1991 elections.
Fearing attacks, tens of thousands of Algerians are fleeing
villages for larger cities, which are already crowded beyond
acceptable standards.16
Consequently, many villages have been abandoned, while an average
of seven persons inhabit a small city apartment.17 Schools in rural areas have closed down, while in the cities
fewer parents can afford to educate their children.18 According to one recent report, if these
conditions continue, only nine out of every 100 children will
finish high school, and only one will reach a university.19
President Zeroual's
Resignation
On 11 September
1998 President Liamine Zeroual announced his intention to shorten
his term of office and hold elections by February 1999. The
FLN leadership had appointed Zeroual, a former general, to be
president in 1994, and he was then elected for a five-year term
in 1995. The Algerian press has attributed Zeroual's resignation
announcement to conflicts between Zeroual and the military leadership,20 the president's declining health, deteriorating
economic conditions, and conflicts within the government and
military elite as to strategies for negotiating a truce with
the opposition.21 Zeroual's
announcement has triggered a new wave of violence and unrest.
Reports of murders and kidnappings have escalated, and a wave
of strikes by university teachers, judges, state-owned airline
personnel and newspaper workers has swept the nation.
Economic Situation
Algeria has the
fifth-largest natural gas reserves in the world and is the second
largest gas exporter. The hydrocarbons sector is the mainstay
of the economy, accounting for roughly fifty percent of government
revenues and ninety-five per cent of export earnings in 1997.
Despite the thriving hydrocarbons sector, however, approximately
forty percent of the population lives below the poverty level.22 The country currently has an unemployment rate of at least
thirty percent, with seventy percent of people under the age
of thirty unable to find work.
In an effort to
stimulate the economy and encourage foreign investment, the
government has recently begun privatizing state-run, centralized
enterprises and restructuring the banking and housing construction
industries. Other economic reforms have included liberalizing
tariff barriers, agreeing on a free-trade zone with the European
Union, and widening tax incentives for investors. However, some
fear that the growth of the private sector will be too slow
to create the jobs needed to bring the country out of its economic
difficulties.23
Human Rights and
Freedom of Expression
Nongovernmental
organizations in Algeria, particularly watchdog groups, face
extreme government restrictions on their activities. According
to the Ligue algerienne des droits de l'homme (LADH-Algerian
League for Human Rights), death threats, imprisonment and harassment
of human rights lawyers and activists, banning of meetings and
other activities, political divisions and lack of funds, have
virtually paralyzed human rights organizations in Algeria."24 Nabila Djahnine, a prominent advocate for women's human rights,
was assassinated in 1995. Khalida Messaoudi, an outspoken critic
of both the FLN and Islamic fundamentalists, activist and parliamentary
member, has lived since 1993 under a death sentence. Amnesty
International has been denied entrance into Algeria since 1997.
The Algerian government
recently formed a human rights organization and an organization
for women's human rights. However, these groups may not investigate
alleged human rights abuses. Moreover, they report to the government.
Ethnic Minorities
The Berber are Algeria's
most significant minority ethnic group, comprising about twenty
percent of the population. Residing primarily in the mountainous
northeastern region of the country, Berbers are descendants
of pre-Islamic inhabitants of northern Africa. Currently, an
estimated fourteen percent of the population speaks Tamazight,
the Berber language. Controversy erupted in June 1998 when a
law was passed making Arabic the sole official language of Algeria.
The new law, combined with the murder in June of popular Berber
singer and outspoken political activist Lounes Matoub, resulted
in 5,000 Berbers protesting in northeastern Algeria to reiterate
their demand for official recognition of their language.25
Shortly thereafter, a statement was sent to the newspapers El
Watan and Le Matin on 2 July announcing the establishment of
the Armed Berber Movement (ABM), declaring the movement would
eliminate those who try to apply the government's Arabization
policy.26
Media
"Strict government
censorship, long-term suspension of newspapers, and the fear
of state prosecution for coverage of 'security' matters contribute
to making the political violence in Algeria one of the most
underreported conflicts in recent history."
The Committee to
Protect Journalists27
"Journalists
and editors are fully confident that the fight they are leading
is fundamental for the future of democracy in Algeria. They
will not bow to intimidation and pressure. The active support
from civil society, political figures and leaders of the democratic
opposition and the emotion of public opinion created by the
measures of suspension are signs which strengthen the press's
determination."
Omar Belhouchet, Director of El Watan, one of two major
independent newspapers recently shut down by the Algerian
government.28
Journalists and
publishers worldwide reacted when the government effectively
prohibited publication of Algeria's two major independent daily
newspapers, El Watan and Le Matin. In October 1998, government-owned
printing presses ordered publishers of the two newspapers to
settle debts within forty-eight hours or cease operations. Publishers
and human rights activists charged that the demand came in retaliation
for the papers' reporting on corruption and abuse of power by
the country's leadership.29
Editors deny the existence of any debts. After the two papers
ceased printing, five other privately owned Algerian newspapers
halted publication to protest the government action. The editor
of the French-language Le Matin stated that "the printer told
us clearly that even if we paid all our debts, our newspaper
would not be printed, according to instructions given to him
by the authorities."30
Journalists' lives
are threatened on a regular basis. Sixty journalists were killed
in Algeria from 1993-1998 while on assignment, more than in
any other country.31 Caught
between "a repressive regime, keen to silence criticism, and
Islamic fundamentalists, who regard them as traitors,"32 journalists are in an extremely vulnerable position. Although
no journalists had been killed in 1998 as of 2 August,33
the obvious security threats journalists face force many to
use pseudonyms and lie about their profession.34
Although Algeria's
press law is more liberal than those of neighboring countries,35
the government nonetheless exercises strict control over what
the media may and may not cover. A March 1994 interministerial
decree forbids newspapers from publishing any news on "security"
matters except for that provided by the official Algerian Press
Service. Authorities interpret this to encompass guerrilla attacks
on security forces, government human rights abuses, and the
reporting of Islamist views.36 The government owns all the printing presses, and controls
the supply of newsprint as well as the distribution of newspapers.
To date, twenty-four
newspapers have been suspended for reporting on "security-related
matters." In September 1997, government authorities refused
to renew the accreditation of an Agence France-Presse correspondent
in Algiers, in apparent retaliation for his reporting figures
which contradicted the notoriously low official death toll in
massacres in rural Algeria. Citing security concerns, the government
has prohibited foreign journalists from traveling around the
country without escorts, which severely limits investigative
reporting.37
STATUS OF WOMEN
UNDER SPECIFIC CEDAW ARTICLES:
IWRAW is grateful
for the assistance it received from Ken Franzblau of Equality
Now during the research and writing of the following section.
ARTICLE 9 - NATIONALITY
The citizenship
of the male parent alone determines the citizenship of a child.
Women may obtain a passport or travel without the permission
of her husband or male guardian, but since, according to the
Family Code, a woman is ordered to "obey her husband," her ability
to travel freely depends on her husband's consent.
ARTICLE 11 - EMPLOYMENT
Although employment
legislation reflects an egalitarian attitude toward working
women, women face continued pressure from society and their
families to remain in the home. Although women and men are equally
educated, Algerian women comprised just eight percent of the
work force as of 1996. These figures are thought to be even
lower now; as the economy continues to decline and jobs are
increasingly scarce, women are the last to be hired.
ARTICLE 12 - EQUALITY
IN ACCESS TO HEALTH CARE
Abortion is illegal
except when it is deemed necessary to save the life or the physical
or mental health of the pregnant woman.38 A serious risk of suicide or of substantial
harm to health does not constitute grounds for abortion.39 Algeria's abortion law, codified as Article
72 of the Public Health Code and amended by Law No. 85-05 of
February 1985, also dictates where and by whom an abortion may
be performed.40 Article
304 of the Penal Code provides that anyone who performs or attempts
to perform an abortion is punishable by up to five years' imprisonment
and a fine of up to 10,000 dinars, and risks losing the right
to practice.41 Article 310, amended to the Penal Code by
Law No 82-04 of 13 February 1982, makes it a crime punishable
by up to three years' imprisonment and a fine of up to 10,000
dinars to say or write anything in public or private, including
in medical journals, that encourages the performance of abortion,
whether or not an abortion is actually performed as a result.42
The results of this
severe ban are devastating. A study of women who had committed
suicide in Algeria showed that thirty percent of them had been
pregnant and unmarried.43
The Algerian government has vacillated on whether or not women
who have been raped by terrorists are permitted to have an abortion.
The ratio of deaths
caused by childbirth has risen to 215 per 100,000 births.44
In neighboring Tunisia the ration is sixty per 100,000.45
The Algerian government announced plans in 1999 to expand medical
service outreach, especially mother and child health care, to
reduce child and maternal mortality rates.46
ARTICLE 16 - EQUALITY
IN MARRIAGE AND FAMILY LAW
The Family Code
of 1984
Passed in 1984 despite
overwhelming opposition from women's rights groups,47
Algeria's Family Code is one of the most restrictive in the
Islamic world.48 The Family Code stipulates a comprehensive list of responsibilities
for women, as well as many rights and freedoms for men. Under
pressure from a variety of women's groups, the government began
amending the Code in 1998. However, most women's rights activists
insist that the revised version incorporates few substantive
changes.
Major discrepancies
exist in the Family Code between the rights of men and of women
to marry, raise children, divorce and inherit property. Article
39 states that a woman must "obey her husband whom she must
consider the head of the household."49 Depending on the whim of the husband, this article can be
applied to a variety of situations and circumstances and can
override the few rights that women do possess under Algerian
law. For example, Algerian legislation stipulates equal employment
rights for women and men, but a husband can negate that right
if he does not want her to work.
Marriage must be
contracted between the husband and the wali, the bride's male
guardian. Although the wali can not contract the marriage without
the woman's consent, a woman can not contract her own marriage
without the presence of a male guardian. A woman thus passes
from the authority of the male guardian to that of her husband
without ever attaining independent status as a person. Women
can legally marry at age eighteen, while the legal age for men
is twenty one. A woman is prohibited from marrying a non-Muslim,
while men can marry a non-Muslim woman.50
Polygamy is legal, although rarely practiced.
The Family Code
provides few rights for women raising children. Women, according
to the Family Code, must breast feed their children if they
are capable.51 Children
automatically take on the religion of the father.52 The father is the legal guardian of the children, and guardianship
is transferred to the mother only upon the death of the father.53
In addition, females under nineteen years old and males under
eighteen years old may not travel abroad without the consent
of the father.
An Algerian male
has the unrestricted right to divorce, while a female may request
a divorce only upon the limited grounds stated in the Code,
such as the husband's abandonment or imprisonment.54 If the wife seeks a divorce because of incompatibility, she
may obtain it only by paying money to her husband in exchange
for her freedom, a practice called khul.55 Upon death of the husband, women are entitled to a smaller
portion of an estate
(1/8 of the property) than are male children or even a deceased
husband's brothers. While a widow is at least entitled to a
tiny portion of an estate, female children receive nothing.
Once divorced, men
usually receive all spousal property. Although women generally
receive custody of their children, the male parent retains legal
guardianship. Women must obtain their children's father's authorization
to register their children for school and to initiate any other
official or legal function on the child's behalf. Child support
is mandatory, although in practice the government has done little
to enforce this provision.
Algerian human rights
activists have protested the Family Code since its inception
in 1984. Thousands of women demonstrated outside the headquarters
of the government-run National Observatory for Human Rights
on International Women's Day, 8 March 1998, to persuade the
government to revise the code. Many domestic and international
organizations have written to the government with specific,
article-by-article criticisms along with suggested amendments.
Although President Zeroual acknowledged in a televised speech
on 8 March 1998 that "Algerian women continue to suffer from
unfair practices,"56 the revised Family Code only underscores women's inferior
legal status.
GENERAL RECOMMENDATION
19 (ARTICLES 3, 5, 6, 12, 15, and 16)
VIOLENCE AGAINST
WOMEN
Women are frequently
specific targets of the massacres, abductions and other acts
of violence that are now common in Algeria. "Algerian defenders
of women's rights believe that the armed Islamist groups target
women as important cultural symbols: by driving women from the
streets, the Islamist militants demonstrate their power to impose
the culture they envision for Algeria."57 According to leading women's rights activist Khalida Messaoudi,
who has lived under a Fatwa since 1993, "They (Islamic fundamentalists)
kill women who oppose their views of how we should behave. They
cannot allow difference. That is why they insist on veils to
cover the difference."58
Rape
According to the
Ministry of the Interior, 2,084 women have reported being raped
in five years of conflict.59 The real figures are probably much higher because rape victims
face severe stigmatization. Rural women living on the Algerian-Tunisian
and Algerian-Moroccan border, the areas hardest hit by the war,
are particularly at risk. The incidence of rape has escalated
since the war's inception: 1997 had the highest number of rapes
of any year (450 cases).60
In addition to the women who survived rape, an unknown number
of rape victims, estimated at well over 2,000, have been killed
by their attackers, their bodies usually abandoned in villages.61
Recent press reports
indicate that there has been little attempt on the part of the
government to treat rape by government agents as a crime. Abdelhak
Bererhi, an Algerian senator and former education minister said
during a French radio debate, "It is indecent to compare a rape
in a police commissariat with a rape by a GIA terrorist."62 The
government has agreed
to treat raped women as "victims of terrorism," which would
allow them to claim compensation as well as give them access
to medical and psychological treatment facilities."63 The government opened its first treatment facility for rape
victims in 1998.
Because of strong
conservative traditions in Algerian society, many families of
rape victims will not allow them to return home. In addition,
the law applicable in the case of rape of a minor excuses the
perpetrator of the crime from prosecution if he is prepared
to marry his victim. Furthermore, article 7 of the Family Code
allows a judge to lower the age for marriage if the victim is
a minor.64
ACTIONS OF OTHER
HUMAN RIGHTS BODIES PERTAINING TO WOMEN'S HUMAN RIGHTS:
Summary of the UN
Panel of Eminent Persons Visit, 22 July- 4 August, 1998.
In response to the
growing concern over the escalating violence which took place
during Ramadan, the Islamic holy month beginning on 30 December
1997, when an estimated 1,200 people were massacred in a six
week span,65 UN Secretary
General Kofi Annan dispatched a "panel of eminent experts" headed
by former Portuguese President Mario Soares to conduct a two-week
survey mission in Algeria in July 1998. The purpose of the mission
was to gather information on the situation in Algeria and to
submit a report to the Secretary General.
This visit drew
criticism from a variety of human rights organizations, including
Human Rights Watch and Amnesty International, which criticized
the mission's lack of investigative authority and failure to
address key human rights issues in its report. Amnesty International
deemed the UN Panel report "a whitewash on human rights," while
Human Rights Watch called the Panel's report "perhaps the year's
biggest disappointment.66 The basis of their criticism was the following:
- Insufficient investigation
of Algerian government's role in perpetrating human rights
abuses.
- Failing to address
government's passivity or apparent collusion in massacres.
- Lack of a specific
human rights mandate prevented delegation from investigating
human rights abuses.
- Panel ignored
UN Human Rights Committee's condemnation of grave violations
by government forces, including torture, disappearances and
extrajudicial executions.
- Visit was no substitute
for a legitimate human rights investigation of the situation
in Algeria.
Summary of Concerns
as Presented in Panel Report:
- Panel was not
allowed to meet leaders of opposition parties or representatives
of the Berber cultural movement.
- Lack of specific
information about how the government prevents brutality by
security forces and self-defense groups.
- Lack of information
about how the government investigates charges of excesses
committed against the civilian population by security forces
and military groups.
- Concern about
the slow pace of economic development.
- National Human
Rights Observatory lacks investigative authority for human
rights complaints.
- Discriminatory
nature of laws regarding women's legal status.
- Lack of women's
participation in the work force.
- Although political
parties are legal, those that are created on a "religious,
linguistic, racial, gender, corporate or regional" basis are
prohibited, as is for parties to conduct propaganda based
on such issues.
- Concern that women
are doubly victims of terrorist violence, both direct victims
and secondary victims when family members are victims and
they are left to raise families while making up only eight
percent of the work force.
- Young girls are
afraid to attend school for fear of being abducted by terrorists.
- Concern that the
revised family code is more discriminatory against women than
the previous version.
Recommendations:
- International
Community should mobilize support for Algeria in its broad
goals to improve economic and democratic development and defeat
terrorism.
- Strengthen civil
society and democratic pluralism.
- Develop rule of
law and government transparency in its interaction with Algerian
citizens.
- Accelerate economic
privatization.
- Strengthen Algerian
agencies dealing with human rights issues.
Concluding observations
of the Human Rights Committee: Algeria: Algeria. 04/08/98. CCPR/C/79/Add.95.
Principal Concerns
and Recommendations:
- Adopt measures
to defend the population of Algeria against widespread attacks,
massacres, extrajudicial killing, systematic torture, and
disappearances, and to ensure that proper investigations are
conducted by an independent body to determine who the perpetrators
are and to bring them to justice.
- Establish an independent
inquiry into the conduct of the security forces, and, in all
cases of massacres, to subject them to penal and disciplinary
action.
- Allow the International
Committee of the Red Cross and other independent observers
to investigate reports of arbitrary or extrajudicial executions
of individuals.
- Ensure that all
"legitimate defense groups" are brought under the control
of responsible state organs, and that they are brought to
justice in cases of abuse.
- Establish a credible
system for monitoring the treatment of all detainees to ensure
that they are not subject to torture or other inhumane treatment.
- Create a register
that records all reported disappearances and the daily action
taken to locate the individuals, to assist relatives to trace
the disappeared, and to provide an account of the status of
these logs in Algeria's next periodic report.
- Guarantee that
those arrested are held at officially designated places of
detention, inform their families, provide immediate access
to legal counsel and ensure they are promptly charged and
brought to trial.
- Ensure that the
detention doesn't exceed the legal limit and that prisoners
have a right to a medical examination upon arrest and at the
end of their detention.
- Revise legislation
to bring it in accordance with the Covenant on Civil and Political
Rights to ensure equal rights for women, particularly in women's
marriage rights and family rights.
- Provide additional
information on the procedure for electing and dismissing judges;
take all necessary measures to ensure the independence of
the judiciary.
- Review legislation
on Arabic as Algeria's official language to prevent negative
consequences for Berber and French minorities.
- Review and revise
current legislation that hampers Algerians' freedom of association,
thought, opinion and expression.
- Make public Algerians'
right to address the Committee and disseminate widely the
concluding observations of the Committee to the population.
Concluding observations
of the Committee Against Torture: Algeria: Algeria. 18/11/96.
A/52/44, paras. 70-80.
Concerns and Recommendations:
- Ensure the independence
of the judiciary and ensure the effectiveness of its ability
as an internationally recognized power.
- Guarantee that
only a judicial authority decides issues restricting individual
liberty.
- Ensure that an
objective inquiry is made promptly in instances of torture,
and publish the results of this inquiry.
Concluding observations
of the Committee on the Rights of the Child: Algeria: Algeria.
18/06/97. CRC/C/15/Add.76.
Suggestions and
Recommendations
- Develop mechanisms
to strengthen coordination between the various government
bodies involved in children's' rights, at both national and
local levels, and with nongovernmental organizations working
in the field of human and children's rights.
- Establish an independent
mechanism responsible for receiving and reviewing complaints
from children of violations of their rights under the law
and the Convention.
- Ensure that national
laws conform fully with the Convention, and launch public
education campaigns among children, parents and professionals
on the need for increased attention to these principles.
- To conduct comprehensive
studies and awareness-raising campaigns to prevent and combat
the use of any form of physical, mental or sexual violence
on children by families and in schools.
- Adopt measure
to ensure the registration of the birth of nomadic children,
as well as their access to education and health care services.
- Develop public
education strategies designed to help prevent the negative
impact of prevailing violence, including campaigns in schools
on peaceful cohabitation and peaceful resolution of conflicts.
- Address the specific
problem of the increasing number of children orphaned as a
result of prevailing violence.
Concluding observations
of the Committee on Economic, Social and Cultural Rights: Algeria:
Algeria. 12/28/95. E/C.12/1995/17.
Suggestions and
recommendations:
- Review the problem
of discrimination against women, in particular as it exists
in legislation.
- Launch public
awareness campaigns to prevent family violence; provide victims
of family violence with information on their right to receive
compensation.
- Improve access
to adequate housing.
- Ensure that girls
are fully able to exercise their right to education and to
mental and physical health; establish data collection system
to measure impact.
- Include human
rights instruction in school curricula.
Endnotes:
1
Congressional Research Service Report for Congress, Algeria:
Developments and Dilemmas (Washington, D.C.: Library of Congress,
1998). back 2
"Thousands of women raped in Algerian conflict: report,"
Agence France Presse, 5 August 1998, on-line, Nexis, accessed
13 August 1998. back
3
"3,700 Women Murdered," The Irish Times, 19 March 1998,
on-line, www.irish-times.com/irish-times/paper/1998/0319/wor4.html,
05 September 1998. back
4
"Families of the Missing People: Up to 700 New Files,"
Algiers Liberte, 26 August 1998, on-line, http://wnc.fedworld.gov,
5 September 1998. back
5
"Algeria: A Tale of Terror," Mideast Mirror, 6 October
1998, on-line, Nexis, 13 October 1998. back
6
Richard Swift, "A Sample of the New Internationalist Interview:
Khalida Messaoudi," The New Internationalist, 1995, on-line,
http://www.oneworld.org/ni/NIinterview.html, 5 September 1998.
back
7
"Algeria: A Tale of Terror," Mideast Mirror, 6 October
1998, on-line, Nexis, 13 October 1998. back
8
"Algeria History: After Independence," available at http://www.arab.net/algeria.
Accessed 7 October, 1998. back
9
Ibid. back
10
Amnesty International, "Algeria: Civilian Population Caught
in a spiral of Violence," on-line, available at http://amnesty.org,
accessed 1 November 1998. back
11
Lahouari Addi, "Algeria's Army, Algeria's Agony," Foreign
Affairs, July 1998, on-line, Nexis, 13 October 1998. back
12
Ibid. back
13
Ibid. back
14
"Algeria: Civilian Population Caught in a Spiral of Violence,"
Amnesty International, November, 1997, on-line, http://amnesty.org//ailib/aipub/1997/MDE,
16 October 1998. back
15
Ibid. back
16
Andrew Borowiec, "Algerian troubles worry Mideast; Nation
rejected offers to help" The Washington Times, 6 October 6 1998,
on-line, Nexis, 6 October 1998. back
17
Ibid. back
18
Ibid. back
19
Ibid. back
20
"Zeroual's call for early election shows who's the boss
in Algeria," Mideast Mirror, 14 September 1998, on-line, Nexis,
1 October 1998. back
21
"Departing Algerian leader runs out of room for manoeuvre,"
Financial Times, 15 September 1998, on-line, Nexis, 17 September
1998. back
22
Andrew Borowiec, "Algerian troubles worry Mideast; Nation
rejected offers to help," The Washington Times, 6 October 1998,
on-line, Nexis, 6 October 1998. back
23
"Algeria," Economist Intelligence Unit, 1 October 1998,
on-line, Nexis, 6 October 1998. back
24
"Algeria: Civilian Population Caught in a Spiral of Violence,"
Amnesty International, November, 1997, on-line, http://amnesty.org//ailib/aipub/1997/MDE,
16 October 1998. back
25
"Africa-at-Large," Africa News Service, 17 July, 1998,
on-line, Nexis, 13 October 1998. back
26
Index on Censorship, available at: http://www.oneworld.org/index_oc/index.html.,
accessed 5 October 1998. back
27
"Algeria," Committee to Protect Journalists, on-line, available
at: http://www.cpj.org/pubs/attacks97/mideast/algeria.html,
5 October 1998. back
28
"Commentary by El Watan Director Omar Belhouchet: 'Freedom
of Press is Threatened,'" Algiers El Watan (Internet version),
18 October 1998, on-line, available at http://www.fedworld.gov,
accessed 13 November 1998. back
29
"Algeria: Further on Press Protest Suspension," Paris AFP,
20 October 1998, on-line, available at http://www.fedworld.gov,
13 November 1998, accessed 5 November 1998. back
30
"Algerian Journalists Protest Suspension of Three Newspapers,"
Agence France Presse, 11 November 1998, on-line, Nexis, 13 November
1998. back
31
"Algeria," Committee to Protect Journalists, on-line, available
at: http://www.cpj.org/pubs/attacks97/mideast/algeria.html,
accessed 17 October 1998. back
32
Nick Ryan, "Truth Under Attack," Manchester Guardian Weekly,
2 August 1998, on-line, Nexis, 13 October 1998. back
33
Ibid. back
34
Ibid. back
35
Ibid. back
36
"Algeria," Committee to Protect Journalists, on-line, available
at: http://www.cpj.org/pubs/attacks97/mideast/algeria.html,
accessed 17 October 1998. back
37
Ibid. back
38
Coliver, Sandra Ed., The Right to Know: Human Rights and
Access to Reproductive Health Information. Philadelphia: University
of Pennsylvania Press, 1995, p. 112. back
39
Ibid, p. 113. back
40
Ibid. back
41
Ibid. back
42
Ibid. back
43
Ibid. back
44
Index on Censorship, on-line, available at: http://www.oneworld.org/index_oc/index.html.
accessed 5 October 1998. back
45
Ibid. back
46
Ibid. back
47
When it became clear that the Family Code would pass, the
Women's Collective drafted a petition in September 1981 denouncing
"The silence in which it was prepared and the absence of the
people's consultation," and vowing that "We cannot and shall
not accept that our future be decided without our participation."
On 28 October 1981, about 100 women and 5 men demonstrated in
front of the People's National Assembly. A second demonstration
was held on November 16, led by women war veterans. The group
was rebuffed by the People's National Assembly vice presidents,
who referred them to the National Union of Algerian Women, who
allegedly participated in the drafting. The General Secretary
of the NUAW refused to meet with the group publicly. Subsequent
rallies and demonstrations took place in 1981-1982. back
48
Lara Marlowe, "Where Girls are Killed for Going to School,"
Oneworld, available at: www.oneworld.org/news/africa/index/html,
accessed 5 August 1998. back
49
Family Code, article 39. back
50
Ibid, article 31. back
51
Ibid, article 39. back
52
Ibid, article 49. back
53
Ibid, article 87. back
54
Ibid, article 53. back
55
Ibid, article 54. back
56
"Algerian Women Demand Equal Rights; President Acknowledges
Plight," Associated Press, 08 March 1998, on-line, Nexis, 20
November 1998. back
57
"Women's Rights Activist Nabila Djahnine Assassinated,"
Human Rights Watch International Freedom of Expression Exchange
Clearing House, 20 February 1995, www.ifex.org/alert/00001033.html,
accessed 06 September 1998. back
58
Richard Swift, "A Sample of the New Internationalist Interview:
Khalida Messaoudi," The New Internationalist, 1995, on-line,
http://www.oneworld.org/ni/NIinterview.html, 05 September 1998.
back
59
"Thousands of women raped in Algerian conflict: report."
Agence France Presse, August 5, 1998, on-line, Nexis, 05 August,
1998. back
60
Ibid. back
61
Youssef Ibrahim, "Algeria to Permit Abortions for Rape
Victims," New York Times, 14 April 1998, on-line, Nexis, 20
November 1998. back
62
Laura Marlowe, "Voices for Algerian Democracy Speak Out,"
Irish Times, 31 March 1998, on-line, Nexis, 13 November 1998.
back
63
"Thousands of Women Raped in Algerian Conflict: Report."
Agence France Presse, August 5, 1998, on-line, Nexis, 05 August,
1998. back
64
Family Code, Article 7. back
65
"Triangle of Death: a futile attempt to stop Algeria's
terror" Newsweek, 23 February 1998, on-line, Infotrac, 15 September
1998. back
66
"Algerian Forces Suspected of Role in Massacres: Rights
Group," New York Times, 3 December 1998, on-line, Nexis, 3 December
1998. back
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