The United Nations Human Rights Council revealed on Wednesday the details of a report prepared by Mary Lawlor, the UN Special Rapporteur on the situation of human rights defenders, following her visit to Algeria. The report documented arbitrary practices and harassment targeting human rights activists, journalists, and opposition figures, particularly in the aftermath of the 2019 Hirak protests.
The report was presented in detail before the Human Rights Council after it was first published on January 14, 2025. It followed the official visit of the UN rapporteur to Algeria between November 25 and December 5, 2023, during which she provided an in-depth analysis of the working conditions faced by human rights defenders in the North African country.
Laws Restricting Freedoms
The report, obtained by Assahifa, highlighted structural challenges hindering the work of human rights defenders in Algeria. The Special Rapporteur expressed deep concerns over the legal framework governing human rights, particularly the "broad definition of terrorism under Article 87 bis of the Penal Code, which was amended in 2021." According to the report, this overly expansive definition allows for the criminalization of human rights defenders due to their legitimate activities.
The rapporteur also criticized Law No. 12-06 on associations, which imposes a licensing system instead of a simple notification process for establishing civil society organizations. The law further prohibits Algerian associations from receiving foreign funding without prior authorization. Additionally, she raised concerns over Law No. 23-02 on trade union rights, adopted in April 2023, which includes provisions enabling authorities to restrict the freedom of association for union activists.
The report also addressed legislation concerning freedom of expression, particularly provisions in the Penal Code that criminalize "insulting" public institutions and officials. Moreover, it highlighted Law No. 23-14 on media, which was enacted in August 2023.
Criminalization, Arrests, and Harassment
Regarding the on-the-ground situation of human rights defenders, the report describes a contrasting reality. On one hand, civil society organizations focused on economic and social rights, particularly those providing services, operate without significant obstacles.
However, on the other hand, human rights defenders who criticize government policies or work on sensitive issues such as civil and political rights face various forms of repression, according to the UN report.
Special Rapporteur Mary Lawlor documented numerous cases of criminalization, arbitrary arrests, and judicial harassment against human rights defenders, particularly following the outbreak of the Hirak protests in February 2019. According to her report, these defenders are often labeled as "terrorists" or "separatists" and operate in an environment marked by "fear and constant surveillance."
The report identified several categories of human rights defenders who face particular risks in Algeria. These include journalists, bloggers, and social media users, as well as lawyers handling sensitive cases. Also among them are defenders of cultural rights, particularly activists advocating for Amazigh rights, along with environmental defenders and activists working on enforced disappearances. The crackdown even extends to migrant rights advocates.
The Special Rapporteur also recorded instances of reprisals against defenders who cooperated with the United Nations, as well as restrictions on their freedom of movement and communication with the international community.
Call to End Targeting and Arrests
The UN report included 17 recommendations, with 13 directed at the Algerian government, two addressed to the UN team in Algeria, and two others aimed at human rights defenders themselves.
Among the recommendations for the Algerian government was the call for the release of all imprisoned human rights defenders whose cases are based on evidence related to their legitimate and peaceful advocacy work. The report also urged authorities to ensure that defenders are not targeted by private entities due to their work on environmental or corruption issues.
Additionally, the report called on Algerian authorities to amend articles of the Penal Code related to terrorism and national unity, specifically Articles 79, 87 bis, 95 bis, and 96. It also recommended revising provisions that impose criminal penalties for "insult or contempt" against individuals, entities, or institutions—namely Articles 144, 144 bis, 144 bis 2, 146, and 149. Furthermore, it advocated for a new law on associations that would allow organizations to register through a simple notification process rather than requiring prior authorization.
The report urged the Algerian government to ensure inclusive consultations and dialogue with all civil society organizations, recognize human rights defenders as legitimate partners, and publicly acknowledge their work. It also called for authorities to refrain from restricting the movement of human rights defenders and to end the use of travel bans as a repressive tool.
Additionally, the report recommended that Algeria implement the commitments it accepted during the fourth cycle of the Universal Periodic Review, ensure the full independence of the National Human Rights Council, compile accurate statistics on human rights conditions in the country, and organize training sessions on the UN Declaration on Human Rights Defenders.
As for the two recommendations directed at the UN team in Algeria, they included developing new partnerships with human rights defenders and civil society organizations and involving human rights groups in the work of relevant UN agencies.
Meanwhile, the recommendations for human rights defenders and civil society organizations urged them to remain open to effective participation in newly established advisory bodies and to strengthen broad alliances around human rights issues.
