c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits torture and prescribes prison sentences of between 10 and 20 years for government agents found guilty of torture. Human rights activists reported police occasionally used excessive force against suspects, including protesters exercising their right to free speech, that could amount to torture or degrading treatment.

On January 26, authorities transferred political activist and prominent Hirak detainee Rachid Nekkaz from Kolea prison in Tipaza (30 miles from Algiers) to Labiod Sidi Cheikh prison (450 miles from Algiers) and placed him in solitary confinement despite Nekkaz’s suffering from prostate cancer and liver complications. On February 19, authorities released Nekkaz and other Hirak detainees ahead of the Hirak movement’s two-year anniversary. Authorities prevented Nekkaz from leaving Algeria on March 27 and arrested him twice in May for traveling within the country.

On February 2, during university student Walid Nekkiche’s trial for allegedly “distributing and possessing leaflets undermining the interest of the country,” “participating in a conspiracy to incite citizens to take up arms against the State,” “organizing secret communication with the aim of undermining national security,” and “undermining security and national unity,” Nekkiche accused intelligence officers of torture during the 14 months he spent in pretrial detention. Abdelghani Badi, Nekkiche’s lawyer, said the intelligence services forced Nekkiche to undress and then raped him. The public prosecutor’s office ordered an investigation into Nekkiche’s claims, although no details of the investigation were released by year’s end.

On March 2, Hirakist Sami Dernouni testified that he suffered mistreatment and torture while in the custody of the intelligence service in Algiers. Dernouni faced charges of “inciting an illegal gathering,” “undermining national unity,” and “undermining national security.” Dernouni’s lawyer, Fellah Ali, said the intelligence services forced Dernouni to undress, before beating and shocking him. Authorities denied his request to seek medical care for his injuries.

On April 3, authorities arrested 15-year-old Said Chetouane and several other youths during a Hirak protest. Upon his release, Chetouane publicly accused the police of sexual assault. The DGSN launched an investigation into Chetouane’s claims, accusing the other arrested youth of manipulating Chetouane, and stated authorities would publicize the investigation’s results, if the prosecutor approves. Authorities have not yet publicized the investigation’s findings.

The Ministry of Justice did not provide figures concerning prosecutions of police officers for abuse during the year. Local and international nongovernmental organizations (NGOs) asserted that impunity in security forces was a problem.

d. Freedom of Movement and the Right to Leave the Country

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government restricted the exercise of these rights.

In-country Movement: The constitution provides citizens “the right to freely choose their place of residence and to move throughout the national territory.” Citing the threat of terrorism, the government prevented overland tourist travel between the southern cities of Tamanrasset, Djanet, and Illizi.

Foreign Travel: The constitution states that citizens have the right to enter and exit the country. The law does not permit those younger than 18 to travel abroad without a guardian’s permission. Married women younger than 18 may not travel abroad without permission from their husbands, but married women older than 18 may do so. The government did not permit young men eligible for the draft who had not completed their military service to leave the country without special authorization. The government granted such authorization to students and persons with special family circumstances.

A variety of domestic human rights groups operated with varying degrees of government restriction and cooperation. The law requires all civil associations to apply for operating permission, and at year’s end several major civil associations remained unrecognized but tolerated.

Amnesty International maintained an office and actively reported on human rights matters, but it did not receive official authorization to operate from the Ministry of Interior. Amnesty International has received authorization to open a bank account, although the organization awaits final documentation from the government to open the account.

Although the government did not renew the accreditation of the Algerian League for the Defense of Human Rights, the organization had members countrywide, received independent funding, and was one of the most active independent human rights groups. The Algerian League for Human Rights, a separate but licensed organization based in Constantine, had members throughout the country monitoring individual cases.

The United Nations or Other International Bodies: The Ministry of Foreign Affairs stated budget restrictions and time constraints delayed the visit of several UN delegations in charge of human rights but asserted that the country responds to all UN requests stemming from special procedures of the UN Human Rights Council.

The government officially recorded 3,200 forced disappearances during the 1990s and noted families remained dissatisfied with the government’s official response surrounding the disappearances of their family members. The government reported the working group was tasked with addressing questions posed by the families of “the disappeared.” The Foreign Affairs Ministry asserted the working group took on the role of a UN investigative body, which was outside its mandate and ran contrary to the country’s constitution. The ministry added that it extended invitations to the working group in 2014 and again in 2015, but UN financial and scheduling constraints delayed their visit. The ministry claimed the United Nations would not be able to visit until at least 2023 due to continued financial and scheduling issues.

The country joined the Human Rights Council in 2014 but continued to deny requests for visits from the UN special rapporteurs on extrajudicial executions (pending since 1998) and counterterrorism and human rights (pending since 2006), the UN Working Group on arbitrary detention (pending since 2009), and the UN Security Council Mali Panel of Experts on Sanctions (since 2016). The Foreign Ministry stated that even during the 1990s, the country did not record many extrajudicial executions, but the perception caused numerous human rights groups to request special rapporteurs.

On March 5, Rupert Colville, the Spokesperson for the UN High Commissioner for Human Rights (OHCHR), called on authorities to put an end to violence against peaceful demonstrators of the Hirak movement. Colville expressed OHCHR’s concern regarding the deteriorating human rights situation in the country and the continued and increasing crackdown on Hirak members, as “authorities are responding in the same repressive manner seen in 2019 and 2020.”

In May, OHCHR urged authorities to stop using violence to disperse peaceful Hirak demonstrations. OHCHR also urged authorities to stop arbitrarily arresting and detaining protesters for exercising their rights to freedom of opinion, expression, and peaceful assembly. OHCHR called on authorities to conduct “prompt, impartial and effective investigations into all allegations of human rights violations and to ensure that the victims obtain reparations.”

Government Human Rights Bodies: The National Human Rights Council (CNDH) has budget autonomy and the constitutional responsibility to investigate alleged human rights abuses, officially comment on laws the government proposes, and publish an annual report that is submitted to the president, the prime minister, and the two speakers of parliament. The CNDH releases the report to the public. The CNDH reported representation in 1,548 communes and five regional delegations located in Chlef, Biskra, Setif, Bechar, and Bejaia. The CNDH reported it had 123 local volunteers and 245 representatives.

The CNDH reported COVID-19 hampered its activities. Nevertheless, the CNDH noted that during the year it had conducted prison visits; ensured children were connected to their schools and facilitated distance learning; held sessions with the Danish Human Rights Institute, the Arab League, and Penal Reform International; interceded to guarantee that all citizens had equal access to health care; signed a convention with the Republic Ombudsman; and took steps to set up a database to track human rights-related statistics.

Between January 1 and September 30, the CNDH reported receiving 943 requests for assistance, examined 473 of them, and completed 46. The CNDH stated 424 remained under review. A CNDH representative reported the organization’s focus during the year was on health measures, especially for vulnerable groups such as the elderly and migrants.

a. Freedom of Association and the Right to Collective Bargaining

The constitution allows for the right of workers to join and form unions of their choice, provided they are citizens. The country has ratified the ILO’s conventions on freedom of association and collective bargaining but failed to enact legislation needed to implement these conventions fully. It was unclear whether the government enforced applicable laws commensurate with those for other laws involving denial of civil rights, such as discrimination. The law requires that workers obtain government approval to form a union, and the Ministry of Labor must approve or disapprove a union application within 30 days. To form a union, an applicant must be Algerian by birth or have held Algerian nationality for 10 years. The law also provides for the creation of independent unions, although the union’s membership must account for at least 20 percent of an enterprise’s workforce. Unions have the right to form and join federations or confederations, and the government recognized four confederations. Unions may recruit members at the workplace. The law prohibits discrimination by employers against union members and organizers and provides mechanisms for resolving trade union complaints of employers’ antiunion practices.

The law permits unions to affiliate with international labor bodies and develop relations with foreign labor groups. For example, the General Union of Algerian Workers (UGTA), which represented most public-sector workers, is an affiliate of the International Trade Union Confederation. Nevertheless, the law prohibits unions from associating with political parties and receiving funds from foreign sources. The courts are empowered to dissolve unions that engage in illegal activities. The government may invalidate a union’s legal status if authorities perceive its objectives to be contrary to the established institutional system, public order, good morals, law, or regulations in force.

The law provides for collective bargaining by all unions, and the government permitted the exercise of this right for authorized unions. Nevertheless, the UGTA remained the only union authorized to negotiate collective bargaining agreements during the annual tripartite meeting. Other authorized unions can bargain with specific ministries but are excluded from the tripartite meeting.

The law provides for the right to conduct legal strikes, and workers exercised this right, subject to conditions. Striking requires a secret ballot of the whole workforce. The decision to strike must be approved by majority vote of workers at a general meeting. The government may restrict strikes on several grounds, including economic crisis, obstruction of public services, or the possibility of subversive actions. Furthermore, all public demonstrations, including protests and strikes, must receive prior government authorization. By law workers may strike only after 14 days of mandatory conciliation or mediation. The government occasionally offered to mediate disputes. The law states that decisions reached in mediation are binding on both parties. If mediation does not lead to an agreement, workers may strike legally after they vote by secret ballot to do so. The law requires that a minimum level of essential public services must be maintained during public-sector service strikes, and the government has broad legal authority to requisition public employees. The list of essential services included banking, radio, and television. Penalties for unlawful work stoppages range from eight days’ to two months’ imprisonment. The law protects union members from discrimination or dismissal based on their union activities. Penalties for abusing union members’ rights are not sufficient to deter abuses. The law says any firing or other employment action based on discrimination against union members is invalid. The government did not effectively enforce these laws.

The government reported 99 registered trade unions and 59 employers’ organizations, up from 91 and 47, respectively, in 2020. Many trade unions remained unrecognized by the government; they identified delayed processing and administrative hurdles as the primary obstacles to establishing legal status. The ILO Committee of Experts on the Application of Conventions and Recommendations reiterated in 2017 that the lengthy registration process seriously impeded the establishment of new unions.

Attempts by new unions to form federations or confederations suffered similar challenges. Representatives of the National Autonomous Union for Public Administration Personnel (SNAPAP) stated that the union continued to function without official status.

The government continued to deny recognition to the General Autonomous Confederation of Workers in Algeria (CGATA), an independent trade union confederation that includes public and economic-sector unions and committees. CGATA membership included workers from unions representing government administrators, diplomatic personnel, state electricity and gas employees, university professors, public transport and postal workers, and lawyers. The confederation also included migrants working in the country. In 2019 authorities shut down CGATA’s offices and authorities arrested and jailed an executive member of CGATA, Kaddour Chouicha. On April 29, authorities arrested Chouicha, journalists Jamila Loukil and Said Boudour, and 12 others on charges of “enlistment in a terrorist or subversive organization active abroad or in Algeria.” The court in Oran heard the case on May 18 but did not notify the defendants’’ lawyers. The court granted Chouicha and Loukil’s provisional release and placed Boudour under judicial supervision.

SNAPAP and other independent unions faced government interference throughout the year, including official obstruction of general assembly meetings and police harassment during sit-in protests. Furthermore, the government restricted union activities and the formation of independent unions in certain critical public services sectors, such as oil and gas and telecommunications. The International Trade Union Confederation reported that judicial abuse of trade union leaders had intensified.

On April 5, authorities arrested Mourad Ghedia, president of the SNAPAP/CGATA Justice Sector Workers. A judge placed Ghedia in pretrial detention. Ghedia did not have access to a lawyer, and the judge did not inform him of the charges.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, but there were reports that inhuman and degrading treatment and abuse sometimes occurred. Nongovernmental organizations (NGOs) noted that the investigation of cases of mistreatment was often inefficient, the success rate of holding officials accountable for alleged mistreatment through indictments and prosecutions was low, and in some cases law enforcement officials (such as police officers and penitentiary staff) who were sentenced to suspended imprisonment for committing criminal offenses involving the mistreatment of detainees were permitted to continue working.

d. Freedom of Movement and the Right to Leave the Country

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

Domestic and international human rights groups operated with some government restrictions affecting their funding. Government officials were generally uncooperative and unresponsive to their views.

In June 2020 the ECJ ruled that the country’s law requiring NGOs that receive foreign funding to register and label themselves as “foreign-funded organizations” violated EU law. In February the European Commission opened an infringement procedure for failing to comply with the ruling. Subsequently in May, the government submitted and adopted legislation that repealed the law and at the same time mandated the SAO to report annually on NGOs that had an annual budget of more than $66,000 and were “capable of influencing public life.” Sports, religious, and national minority organizations were exempted. Civil society groups noted that the SAO’s function was to audit organizations that manage public funds and national assets and expressed concern that the SAO would selectively audit NGOs that criticize government policies.

In July the government failed to reach an agreement with Norway’s Foreign Ministry on $255 million in funds due to a dispute regarding the disbursement of its $12 million civil society component. Based on an initial agreement reached in December 2020, both parties (Hungary and Norway) should have agreed upon an independent organization to manage the allocation of grant funds to NGOs. Norway maintained that the organization’s independence from government influence remained a precondition to the agreement. Although it originally agreed to the selection criteria, Norway stated that the Hungarian government’s objection to the chosen organization breached the agreement and disqualified Hungary from receiving funds. Norway, Iceland, and Liechtenstein suspended payment of a previous grant to Hungary under similar conditions in 2014.

Government Human Rights Bodies: The constitution and law establish a unified system for the office of the commissioner for fundamental rights (ombudsperson). The ombudsperson has two deputies, one responsible for the rights of national minorities and one for the interests of “future generations” (environmental protection). The ombudsperson is nominated by the president and elected by a two-thirds majority of parliament. The ombudsperson is solely accountable to parliament and has the authority to initiate proceedings to defend the rights of citizens from abuse by authorities and entities providing public services. The constitution provides that the ombudsperson may request that the Constitutional Court review laws. Ombudsperson recommendations are not binding, however. The ombudsperson is also responsible for collecting electronically submitted reports of public benefit, e.g., whistleblower reports on public corruption, and operates the national preventive mechanism against torture.

On January 1, the ombudsperson’s office took over the mandate and tasks of the abolished Equal Treatment Authority. In its report covering June 14-24, the Global Alliance of National Human Rights Institutions Subcommittee on Accreditation recommended the ombudsperson be downgraded to “B” status. Its report stated that the ombudsperson “did not effectively engage on and publicly address all human rights issues, including in relation to vulnerable groups such as ethnic minorities, LGBTI individuals, refugees, and migrants, as well as in constitutional court cases deemed political and institutional, (such as) media pluralism, civic space, and judicial independence. Failure to do so demonstrated a lack of sufficient independence.” The recommendation to downgrade the status of the position was not to take effect for a period of one year, giving the ombudsperson the opportunity to improve performance.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

a. Freedom of Association and the Right to Collective Bargaining

The labor code provides for the right of workers to form and join independent unions without previous authorization and conduct their activities without interference, although unions alleged requirements for trade union registration were excessive. The labor code prohibits any worker conduct that may jeopardize the employer’s reputation or legitimate economic and organizational interests and explicitly provides for the possibility of restricting the workers’ personal rights in this regard, including their right to express an opinion during or outside of working hours. Violations of this law, if proven in court, could result in monetary fines to compensate the employer for damages, although this labor code provision has rarely been implemented, and there were no reported instances during the year. Except for law enforcement and military personnel, prison guards, border guards, health-care workers, and firefighters, workers have the right to strike. In other spheres of the public sector, including education or government services, minimum service must be maintained. The law permits military and police unions to seek resolution of grievances in court. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity.

Workers performing activities that authorities determine to be essential to the public interest, such as schools, public transport, telecommunications, water, and power, may not strike unless an agreement has been reached on provision of “sufficient services” during a strike. Courts determine the definition of sufficient services. National trade unions opposed the law on the basis that the courts lacked the expertise to rule on minimum service levels and generally refused to rule on such cases, essentially inhibiting the right to strike. The government passed legislation prohibiting health-care workers’ right to strike in 2020 to provide for health-care services during the pandemic and prohibited an announced strike by air traffic controllers in July. Numerous trade unions decided to escalate the matter to the International Labor Organization (ILO) and sent a petition to the government requesting that it negotiate with air traffic controllers.

The government effectively enforced laws providing for freedom of association and collective bargaining. Penalties for violations were generally commensurate with those for other violations. In the public sector, administrative and judicial procedures to determine adequate services were sometimes subject to lengthy delays and appeals.

Authorities and employers generally respected freedom of association and the right to collective bargaining. Trade unions alleged that national prosecutors restricted trade union activities and, in some cases, reported antiunion dismissals and union busting by employers. There were also reports of unilateral termination of collective agreements, which employers in some cases attributed to financial difficulties resulting from the COVID-19 pandemic. Unions reported the government continued to attempt to influence their independent operation.

While the law provides for reinstatement of workers fired for union activity, court proceedings on unfair dismissal cases sometimes took more than a year to complete, and authorities did not always enforce court decisions.