Freedom Of Expression In Algeria
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Freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
in Algeria is governed by the
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
, which enforces laws prohibiting actions that compromise
sovereignty Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate au ...
,
national security National security, or national defence (national defense in American English), is the security and Defence (military), defence of a sovereign state, including its Citizenship, citizens, economy, and institutions, which is regarded as a duty of ...
, or disseminate false information. The media is also regulated by the law of Algeria to protect
national interest The national interest is a sovereign state's goals and ambitions – be they economic, military, cultural, or otherwise – taken to be the aim of its government. Etymology The Italian phrase ''ragione degli stati'' was first used by Giovanni de ...
s. However, freedom of expression continues to evolve, influenced by the interplay of the country's political, legal, and social factors. Although Algerian law prohibits violations of sovereignty and national security principles, the government frequently cites the need to protect national sovereignty,
public order Public order may refer to * Public security: the prevention of and protection from events that could endanger the safety and security of the public from significant danger or property damage * Public order policing: police maintenance of order ...
, and national security as reasons for imposing restrictions. While the Algerian constitution formally recognizes freedom of expression, Algeria's human rights record has been subject to scrutiny. The practical realization of this right is frequently hampered by state policies, legal frameworks, and
socio-political Political sociology is an interdisciplinary field of study concerned with exploring how governance and society interact and influence one another at the micro to macro levels of analysis. Interested in the social causes and consequences of how ...
pressures. The
government of Algeria Politics of Algeria takes place in a framework of a constitutional semi-presidential republic, whereby the President of Algeria is head of state while the Prime Minister of Algeria is the head of government. Executive power is exercised by the g ...
maintains significant control over the
media Media may refer to: Communication * Means of communication, tools and channels used to deliver information or data ** Advertising media, various media, content, buying and placement for advertising ** Interactive media, media that is inter ...
, enforces stringent legal restrictions, and employs various tactics to suppress dissent. Consequently, the environment for
free expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognise ...
is often constrained, with
journalist A journalist is a person who gathers information in the form of text, audio or pictures, processes it into a newsworthy form and disseminates it to the public. This is called journalism. Roles Journalists can work in broadcast, print, advertis ...
s,
activist Activism consists of efforts to promote, impede, direct or intervene in social, political, economic or environmental reform with the desire to make changes in society toward a perceived common good. Forms of activism range from mandate build ...
s, and ordinary citizens facing potential repercussions for expressing their opinions. This complex situation underscores the ongoing challenges and debates surrounding freedom of expression in Algeria.


Constitutional framework

The Algerian constitution acknowledges freedom of expression. Article 41 of the constitution of 2016 states, "freedom of expression, association, and assembly are guaranteed to the citizen." However, this
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
al assurance is frequently undermined by other legal frameworks and practices that restrict these freedoms. The
penal code A criminal code or penal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain Crime, offences that are recognised in the jurisdiction, penalties that ...
and other laws contain provisions that criminalize
defamation Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
, insult to state institutions, and the dissemination of
false information Misinformation is incorrect or misleading information. Misinformation and disinformation are not interchangeable terms: misinformation can exist with or without specific malicious intent, whereas disinformation is distinct in that the information ...
. These laws are often used to suppress dissent and control the media. The Information Law of 1990, despite being replaced by a new law in 2012 aimed at liberalizing the media sector, still retains several restrictive measures that limit journalistic freedom.


Human rights violations

Algeria's history with human rights, particularly during the civil war of the 1990s, is marked by systemic violations, including arbitrary detentions,
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimid ...
,
enforced disappearance An enforced disappearance (or forced disappearance) is the secret abduction or imprisonment of a person with the support or acquiescence of a State (polity), state followed by a refusal to acknowledge the person's fate or whereabouts with the i ...
s, and
extrajudicial killing An extrajudicial killing (also known as an extrajudicial execution or an extralegal killing) is the deliberate killing of a person without the lawful authority granted by a judicial proceeding. It typically refers to government authorities, ...
s. During this period, often called the "
Black Decade The Algerian Civil War (), known in Algeria as the Black Decade (, ), was a civil war fought between the Algerian government and various Islamist rebel groups from 11 January 1992 (following a coup negating an Islamist electoral victory) to 8 ...
," both government forces and armed groups committed widespread
atrocity crime An atrocity crime is a violation of international criminal law that falls under the historically three legally defined international crimes of genocide, war crimes, and crimes against humanity. Ethnic cleansing is widely regarded as a fourth mass a ...
s. Algerian security forces, especially the military and
intelligence services An intelligence agency is a government agency responsible for the collection, analysis, and exploitation of information in support of law enforcement, national security, military, public safety, and foreign policy objectives. Means of info ...
, were implicated in severe
human rights violation Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
s such as
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimid ...
to extract confessions and the
arbitrary detention Arbitrary arrest and detention is the arrest and detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law or order. ...
of suspected insurgents without trial. Arbitrary detentions were rampant, often targeting people suspected of ties to
terrorist organizations Several national governments and two international organizations have created lists of organizations that they designate as terrorist. The following list of designated terrorist groups lists groups designated as terrorist by current and former ...
or opposition groups. These people were frequently detained without charge, trial, or access to legal representation.
Secret detention Secrecy is the practice of hiding information from certain individuals or groups who do not have the "need to know", perhaps while sharing it with other individuals. That which is kept hidden is known as the secret. Secrecy is often controver ...
facilities were common, where detainees faced abuse. Testimonies from former detainees describe torture methods that included beatings,
electric shock An electrical injury (electric injury) or electrical shock (electric shock) is damage sustained to the skin or internal organs on direct contact with an electric current. The injury depends on the Current density, density of the current, tissu ...
s, and prolonged
solitary confinement Solitary confinement (also shortened to solitary) is a form of imprisonment in which an incarcerated person lives in a single Prison cell, cell with little or no contact with other people. It is a punitive tool used within the prison system to ...
. These violations of human rights, documented by organizations like
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
, have had long-term consequences for Algerian society. Many victims have yet to receive justice, and the state has done little to hold perpetrators accountable. The issue of enforced disappearances also emerged as a serious concern during the 1990s. Thousands of people were reported missing after being taken into custody by security forces. These people were never seen again, with their fates remaining unknown to century. The Algerian government has largely avoided addressing this issue. Although President
Abdelaziz Bouteflika Abdelaziz Bouteflika (; ; 2 March 1937 – 17 September 2021) was an Algerian politician and diplomat who served as the seventh president of Algeria from 1999 to his resignation in 2019. Before his stint as an Algerian politician, Bouteflika s ...
's administration introduced the 2005
Charter for Peace and National Reconciliation The Charter for Peace and National Reconciliation was a charter proposed by Algerian President Abdelaziz Bouteflika, in an attempt to bring closure to the Algerian Civil War by offering an amnesty for most violence committed in it. The referendum ...
, which released 2200 accused prisoners. However, this initiative did not lead to justice for the families of the disappeared. Instead, the Charter granted amnesty to state agents accused of human rights abuses, making it nearly impossible for families to seek justice. Extrajudicial killings were another widespread violation during the
civil war A civil war is a war between organized groups within the same Sovereign state, state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies.J ...
. Both government forces and insurgents were engaged in
mass killing Mass killing is a concept which has been proposed by genocide scholars who wish to define incidents of non-combat killing which are perpetrated by a government or a state. A mass killing is commonly defined as the killing of group members without ...
s, including attacks on civilians. Insurgent groups like the
Armed Islamic Group The Armed Islamic Group (GIA, from ; ) was one of the two main Islamist insurgent groups that fought the Algerian government and army in the Algerian Civil War. It was created from smaller armed groups following the 1992 military coup and ar ...
(GIA) committed violence against civilian populations, often targeting entire villages. In response, Algerian military and security forces launched
counterinsurgency Counterinsurgency (COIN, or NATO spelling counter-insurgency) is "the totality of actions aimed at defeating irregular forces". The Oxford English Dictionary defines counterinsurgency as any "military or political action taken against the ac ...
operations, which frequently resulted in civilian deaths. These operations were carried out without
judicial oversight Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are inc ...
, further complicating justice system. A major obstacle to accountability in Algeria is the culture of impunity surrounding these violations. The 2005 Charter for Peace and National Reconciliation, while ostensibly aimed at fostering national healing, has effectively shielded state actors from prosecution. The
charter A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or sovereignty), and that the ...
prohibited legal action against people responsible for human rights violations, leaving victims and their families without a legal avenue to pursue justice. This lack of accountability has been widely criticized by human rights organizations, both domestically and internationally. Even after the civil war officially ended, human rights abuses in Algeria continued. The government, under the guise of national security, has targeted political opponents, journalists, and
civil society Civil society can be understood as the "third sector" of society, distinct from government and business, and including the family and the private sphere.maintaining extensive powers that enable continued repression. Reports of torture and ill-treatment in detention centers have continued to surface. Detainees are often held without
formal charges In chemistry, a formal charge (F.C. or ), in the covalent view of Chemical bond, chemical bonding, is the hypothetical electric charge, charge assigned to an atom in a molecule, assuming that electrons in all chemical bonds are shared equally bet ...
or
trial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...
s and subjected to various forms of abuse. This situation reflects broader systemic problems within the Algerian political and security apparatus, which operates with limited oversight or transparency. Moreover, while efforts have been made to address some of these issues, including constitutional reforms, the entrenched power of the military and intelligence sectors has stymied meaningful progress. The overall human rights environment in Algeria remains heavily influenced by the legacy of the
civil war A civil war is a war between organized groups within the same Sovereign state, state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies.J ...
and the structures of power that were solidified during that time. Victims of
abuse Abuse is the act of improper usage or treatment of a person or thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, ...
s, particularly those from the 1990s, continue to call for
justice In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Inst ...
, but their efforts are met with significant resistance from a state apparatus that prioritizes stability over accountability. Human rights organizations, including Amnesty International, continue to advocate for investigations into the abuses committed by both state and non-state actors during the civil war, as well as for the protection of civil liberties in contemporary Algeria. Despite these attempts, the road to
accountability In ethics and governance, accountability is equated with answerability, culpability, liability, and the expectation of account-giving. As in an aspect of governance, it has been central to discussions related to problems in the public secto ...
and reform remains fraught with challenges, as the political environment in Algeria remains resistant to scrutiny and external pressure. Nonetheless, addressing these issues is critical for both the country's long-term stability and the rule of law.


Censorship


Media censorship

Algeria's media censorship comprises both state-controlled and private outlets. Although the number of private
newspaper A newspaper is a Periodical literature, periodical publication containing written News, information about current events and is often typed in black ink with a white or gray background. Newspapers can cover a wide variety of fields such as poli ...
s and broadcasters has increased between 2015 and 2023, they operate within a highly regulated environment. The government exerts significant influence over the media through various means, including
ownership Ownership is the state or fact of legal possession and control over property, which may be any asset, tangible or intangible. Ownership can involve multiple rights, collectively referred to as '' title'', which may be separated and held by dif ...
, control of printing facilities, and distribution networks. The state maintains a dominant position in the broadcast sector, with all
television Television (TV) is a telecommunication medium for transmitting moving images and sound. Additionally, the term can refer to a physical television set rather than the medium of transmission. Television is a mass medium for advertising, ...
and
radio station Radio broadcasting is the broadcasting of audio (sound), sometimes with related metadata, by radio waves to radio receivers belonging to a public audience. In terrestrial radio broadcasting the radio waves are broadcast by a land-based rad ...
s being either state-owned or subject to strict regulations. As a result, private media outlets often resort to
self-censorship Self-censorship is the act of censoring or classifying one's own discourse, typically out of fear or deference to the perceived preferences, sensibilities, or infallibility of others, and often without overt external pressure. Self-censorship is c ...
to avoid potential repercussions. Journalists in Algeria face numerous challenges, including
harassment Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behavior that demeans, humiliates, and intimidates a person, and it is characteristically identified by its unlikelihood in terms of social and ...
,
legal action In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the part ...
, and
imprisonment Imprisonment or incarceration is the restraint of a person's liberty for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is considered " false imprisonment". Impri ...
, which further limits the scope of free expression within the media sector.


Internet censorship

Internet in Algeria Internet use in Algeria increased from 150,000 users in 2006 to approximately 18,583,000 in 2015, with a penetration rate of 46% of the population, In 2008, the government set aside €100 million to provide internet to every high school in the c ...
has grown significantly, offering a new platform for expression and communication.
Social media Social media are interactive technologies that facilitate the Content creation, creation, information exchange, sharing and news aggregator, aggregation of Content (media), content (such as ideas, interests, and other forms of expression) amongs ...
, in particular, has become a vital space for
political discourse Discourse analysis (DA), or discourse studies, is an approach to the analysis of written, spoken, or sign language, including any significant semiotic event. The objects of discourse analysis (discourse, writing, conversation, communicative e ...
and
activism Activism consists of efforts to promote, impede, direct or intervene in social, political, economic or environmental reform with the desire to make Social change, changes in society toward a perceived common good. Forms of activism range from ...
. Despite this, the government closely monitors online activities and has implemented various measures to restrict
internet freedom Internet censorship is the legal censorship, control or suppression of what can be accessed, published, or viewed on the Internet. Censorship is most often applied to specific Network domain, internet domains (such as ''Wikipedia.org'', for exam ...
. Authorities have the capability to block websites, and instances of
blogger A blog (a Clipping (morphology), truncation of "weblog") is an informational website consisting of discrete, often informal diary-style text entries also known as posts. Posts are typically displayed in Reverse chronology, reverse chronologic ...
s and online activists being arrested and
prosecuted A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible f ...
for their online content are not uncommon. These actions indicate ongoing attempts by the state to control digital expression and limit dissenting voices in the online sphere.


International response

International organization An international organization, also known as an intergovernmental organization or an international institution, is an organization that is established by a treaty or other type of instrument governed by international law and possesses its own le ...
s and watchdogs frequently scrutinize Algeria's record on freedom of expression.
Reporters Without Borders Reporters Without Borders (RWB; ; RSF) is an international non-profit and non-governmental organisation, non-governmental organization headquartered in Paris, which focuses on safeguarding the right to freedom of information. It describes its a ...
(RSF) and
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization that conducts research and advocacy on human rights. Headquartered in New York City, the group investigates and reports on issues including War crime, war crimes, crim ...
(HRW) are among the prominent entities that have consistently raised concerns about the restrictive environment for free expression in the country. Algeria is often ranked low with 139 rank on the
World Press Freedom Index The World Press Freedom Index (WPFI) is an annual ranking of countries compiled and published by Reporters Without Borders (RSF) since 2002 based upon the non-governmental organization's own assessment of the countries' press freedom records in ...
in 2024, a reflection of its stringent laws and practices that impede journalistic freedom and restrict the activities of activists. RSF has pointed out that the legal and
regulatory Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...
frameworks in Algeria often serve to limit media independence and freedom of speech. The organization has
documented A document is a written, drawn, presented, or memorialized representation of thought, often the manifestation of non-fictional, as well as fictional, content. The word originates from the Latin ', which denotes a "teaching" or "lesson": t ...
cases of harassment, legal action, and imprisonment of journalists who
criticize Criticize or Criticise may refer to: * Criticize, the action of criticism Criticism is the construction of a judgement about the negative or positive qualities of someone or something. Criticism can range from impromptu comments to a written d ...
the government or address sensitive issues. Similarly, HRW has highlighted the broader implications of these restrictions on
civil society Civil society can be understood as the "third sector" of society, distinct from government and business, and including the family and the private sphere. The international community, including bodies such as the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
and the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
, has occasionally expressed concern regarding the state of freedom of expression in Algeria. These concerns are often raised in the context of broader human rights assessments and diplomatic engagements with the Algerian government. Despite these international pressures, substantial reforms to enhance freedom of expression remain limited, and the overall environment for media and public discourse continues to be constrained. In response to international criticism, the Algerian government has sometimes defended its actions as necessary for maintaining public order and national security. This stance, however, is often seen by international observers as a justification for curbing
fundamental freedoms Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Susta ...
. The ongoing dialogue between Algerian authorities and
international human rights organizations International is an adjective (also used as a noun) meaning "between nations". International may also refer to: Music Albums * ''International'' (Kevin Michael album), 2011 * ''International'' (New Order album), 2002 * ''International'' (The T ...
underscores the persistent and complex nature of the struggle for freedom of expression in the country.


Latter developments

In recent years, the Hirak protest movement, which began in February 2019, has brought significant attention to the ongoing struggle for freedom of expression in Algeria. The movement emerged in response to widespread dissatisfaction with the political status quo, calling for comprehensive political reform, greater transparency, and expanded
civil liberties Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties of ...
. Initially, the Algerian authorities allowed the
protest A protest (also called a demonstration, remonstration, or remonstrance) is a public act of objection, disapproval or dissent against political advantage. Protests can be thought of as acts of cooperation in which numerous people cooperate ...
s to proceed, which were marked by their peaceful nature and broad public participation. However, the government's tolerance of the Hirak movement diminished over time. As the protests continued, authorities increasingly resorted to
arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be question ...
s and
intimidation Intimidation is a behaviour and legal wrong which usually involves deterring or coercing an individual by threat of violence. It is in various jurisdictions a crime and a civil wrong (tort). Intimidation is similar to menacing, coercion, terro ...
to quell dissent. Activists, journalists, and social media users who were associated with the movement or who supported for its aims found themselves targeted. These individuals faced harassment, legal charges, and, in some cases, imprisonment. The state's response to the Hirak movement has underscored the precarious state of freedom of expression in Algeria. Measures taken against protesters and
critic A critic is a person who communicates an assessment and an opinion of various forms of creative works such as Art criticism, art, Literary criticism, literature, Music journalism, music, Film criticism, cinema, Theater criticism, theater, Fas ...
s included the use of the penal code to charge individuals with offenses such as
incitement In criminal law, incitement is the encouragement of another person to commit a crime. Depending on the jurisdiction, some or all types of incitement may be illegal. Where illegal, it is known as an inchoate offense, where harm is intended but ma ...
and undermining national unity. The government's actions drew criticism from domestic and international human rights organizations, which condemned the suppression of peaceful protests and the targeting of individuals for exercising their right to free expression. The Hirak movement's impact on the political landscape of Algeria remains significant. It has managed to sustain momentum despite the attempts of government to suppress it, highlighting the resilience of civil society and the continuing demand for reform. The movement has also influenced the broader discourse on human rights in Algeria, emphasizing the need for genuine freedom of expression and association as fundamental components of democratic governance. The
international community The international community is a term used in geopolitics and international relations to refer to a broad group of people and governments of the world. Usage Aside from its use as a general descriptor, the term is typically used to imply the ...
has closely monitored the situation, with various
human rights group A human rights group, or human rights organization, is a non-governmental organization which advocates for human rights through identification of their violation, collecting incident data, its analysis and publication, promotion of public awareness ...
s and foreign governments calling for the protection of protestors' rights and the release of those detained for expressing their views. The Algerian government's handling of the Hirak protests and the broader issue of freedom of expression continues to be a focal point for both domestic advocacy and
international diplomacy Diplomacy is the communication by representatives of state, intergovernmental, or non-governmental institutions intended to influence events in the international system.Ronald Peter Barston, ''Modern Diplomacy'', Pearson Education, 2006, p. ...
.


See also

*
Human rights in Algeria Humans (''Homo sapiens'') or modern humans are the most common and widespread species of primate, and the last surviving species of the genus ''Homo''. They are Hominidae, great apes characterized by their Prehistory of nakedness and clothing ...
* Freedom of religion in Algeria * Human trafficking in Algeria


References

{{reflist Human rights abuses in Algeria Freedom of expression in Africa