Algerian authorities should end the repression and excessive control over civil society groups and parliament should enact a new associations law based on international human rights standards, said eight Human Rights organizations in a joint statement.
The Rights organizations warned that a new Algerian draft bill would further undermine the right to freedom of association. The text does not address provisions in existing law that violate the right to freedom of association. It introduces additional restrictions and strengthens government control over organizations in the country.
“Algerian authorities should cease erecting roadblocks that prevent associations from operating freely,” said Alexis Thiry, legal advisor at MENA Rights Group. “Rather than addressing shortcomings in Algeria’s associations law, the draft bill would make the situation even worse.”
Civic organizations in Algeria have faced a crackdown and growing restrictions since the start of the Hirak protest movement in 2019. The authorities have banned public and political gatherings, targeted human rights groups and defenders, and dissolved two prominent groups: the Rassemblement Actions Jeunesse (the Youth Action Rally or RAJ) and the Algerian League for the Defense of Human Rights.
The 2012 law currently in place includes overly broad and vague provisions and imposes burdensome registration and operating procedures on associations.
The draft bill would grant the Interior Ministry sweeping authority over the creation, function, and financing of associations as well as a virtually unlimited control over their activities. The bill sets out arbitrary restrictions on associations’ purpose and activities. It narrowly defines an association’s purpose as “support to public authorities … to implement public policies,” which contradicts the very principle of an independent civil society.
The text forbids organizations from maintaining “any relationship” with political parties or receiving financial assistance from them, as does the 2012 law. Foreign funding would be subject to authorization by the Interior Ministry or a governor and any donation or bequest to a national association.
The draft bill maintains stringent requirements for establishing an association. It also imposes a cumbersome registration system and imposes restrictions on foreign associations, hindering their ability to operate freely, granting the Interior Ministry sweeping control.
Other burdensome requirements include providing minutes, financial, and narrative reports to the authorities within 30 days of each general assembly. The draft bill allows Interior Ministry agents to inspect associations’ headquarters at any time and to access administrative and accounting documents. Such abusive provisions allow for intrusive surveillance without judicial oversight and open the door to further abuses.
The joint statement has been signed by Cairo Institute for Human Rights Studies (CIHRS), Committee for the Preservation of the Algerian League for the Defense of Human Rights (CS-LADDH), EuroMed Rights, Fondation pour la Promotion des Droits, Human Rights Watch, International Federation for Human Rights (FIDH), MENA Rights Group and World Organization Against Torture (OMCT).