AMAZIGH PEOPLES OF AFRICA - World Conference Support

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Background Information: History, Population and Regions

The total population of Algeria is estimated to be just over 41 million. The majority of the population — about 90% are the Arab people living in the northern coastal regions. In addition, Algeria also has a nomadic or semi-nomadic population of about 1.5 million. Generally, the Indigenous People of Algeria are called Berbers; however, the term is regarded as a pejorative, as it comes from the word “barbarian.” As a result, although not officially recognized as Indigenous, Algeria's Indigenous Peoples self-identity as the Imazighen (plural) or Amazigh (singular). Due to lack of recognition, there is no official statistics or disaggregated data available on Algeria’s Indigenous population. It is estimated that the Tamazight-speaking population is around 11 million, about a third of the total population.

In 2016, Algeria recognized Tamazight as an official language in its new constitution, which means that Tamazight can be taught in schools and used in administrative documents. Observers have stated that Article 3 and 4 of the Algerian constitution gives Arabic primacy, in contradiction to Algeria’s history and traditions. Differences between the Amazigh and the Arabs was further exacerbated by French colonialism, as the French attempted to pass laws that gave Amazigh customary law an important role, raising suspicion and mistrust among the Arab communities.

Algeria ratified the International Convention on the Elimination of all Forms of Racial Discrimination (CERD) in 1966 by a Presidential Decree. In addition, Algeria has also voted for several international standards such as the UN Declaration on the Rights of Indigenous Peoples. Nonetheless, many Indigenous communities in Algeria are not aware of such standards, and face several challenges to their constitutional rights, freedom of association, and freedom of expression.  In attempts to conform to international human rights law, Algeria also joined the UN Human Rights Council in 2014. However, Algeria has continuously denied requests for visits from the UN Special Rapporteurs on issues of extrajudicial executions, human rights and counterterrorism, and the UN Working Groups on arbitrary detention.

Continuing Rights Violations of Indigenous Peoples in Algeria

Violations of Indigenous People’s Constitutional Rights (Articles 1, 2, 3, 4 of CERD)

Even though Tamazight has been recognized as an official language, Algeria is an Arab country with anti-Amazigh laws still in effect. This sentiment is clearly stated in the preamble of the constitution (“CERD”), which declares that Algeria, being the land of Islam and an Arab country, will not jeopardize Islam by constitutional amendments, consequently classifying the Amazigh people as second-level citizens.  The Justice Department of Algeria has also claimed that the recognition of the Tamazight language is a serious threat to the Arabic language, and insists that the Amazigh flag used by the Kabyle people poses serious threats to Algeria’s unity, and claim that as result, the demands put forth by the Kayble must end.  Although Berber became an official, but not a national language in Algeria in 2002, the Tamazigh language is still not taught in public schools or in universities.

Freedom of religion (CERD Articles 5)

Article 5(d)(vii) of CERD grants freedom of religion; however, government policies reflect a strong will to eradicate cultural diversity through land grabs and destruction of Kalybia (village) holy cities, particularly due to Arabization. The Kabyle Peoples, followers of Ahmadi Islam, are persecuted by the state though denial of association, denial of construction of mosques, and hate speech because of their claimed threat to Sunni Islam. In addition, the Amazigh community of Ghardaia, largely practicing the Ibadi branch of Islam, and have also been subjected to discrimination and economical marginalization for decades, drawing criticism from international organizations such as Amnesty International and Human Rights Watch.

Freedom of association, expression and access to tribunals (CERD Articles 4, 5, and 6)

The Mozabite and Kabyle Peoples also face repression by police either through arbitrary arrest, banning of all forms of expression or protest, or through surveillance of phones and internet in violation of their right to freedom of association and expression guaranteed by Article 5(d)(viii), (ix), and Article 4(c), which prohibits States from using public authorities and public institutions to promote racial discrimination. Harassment to independence groups is not limited to the Kablye Peoples. In November 2013, Mozabites Peoples in the city of Guerrara accused the security forces of torturing at least 10 people who had been detained. Human Rights Watch sent a letter to the Algerian authorities in November 2014 to inquire about investigations into the complaint the 20 men filed with the prosecutor of the First Instance Tribunal in Ghardaia, but did not receive a reply.

Land Rights (CERD Articles 2.2, 5i, 5v, 5vi)

Tensions between the Mozabite Peoples and the Arabs go as far back as the 1960’s, when the Chaamba Arabs (originally the Bedouins), were encouraged by the Algerian government to settle in the regions originally occupied by the Mozabite, creating housing and land rights issues. The conflict is yet to be solved, as the two groups continue to fight. Mohamed Sibachir, a political scientist, has stated that “the resulting conflict is due to Algeria’s ancestral agreements of land ownership and sharing which have not been respected, and as long as these agreements are not respected, the conflict will continue”.

Violence Against Indigenous People (CERD Article 4)

Article 4(a) and 5(b) of the CERD condemn states from participation in violence or incitement based on race; it also condemns use of state forces to promote or incite racial discrimination and mandates right to security of persons. However, in contravention to these mandates, the Algerian government has persecuted Indigenous Peoples such as the Mozabites. Kamel Eddine Fekhar, the Mozabite human rights activist stated that, “state-sponsored racism is being perpetrated against the Mozabite because they are neither Arabs nor Sunni Muslims.” The Algerian government has denied the state police forces’ participation in harassing the Mozabite. In fact, instead of addressing the violence perpetuated by the police, the government has proposed creating an unidentified organization for the benefit of the Mozabite as well as distributing land that is already in the possession of the Mozabite to the Mozabite.In addition to the police, the Mozabites are also facing attacks by the Chaambas, traditional pastoralists living in the M’zab region.

Our Recommendations:

1. Revise the Constitution to officially recognize Indigenous Peoples, their languages, and their rights.

2. Ratify ILO Convention 169.

3. Implement the UN Declaration on the Rights of Indigenous Peoples

4. Collect disaggregated data on the country’s Indigenous population.

5. Respect, protect and fulfill Indigenous people’s rights to participate fully, in the political, economic, social and cultural life of the State.

6. Develop a National Action Plan in implementing the rights of Indigenous Peoples as called for in the Outcome Document of the UN Permanent Forum on Indigenous People.

7. Invite the UN Special Rapporteur on the Rights of Indigenous Peoples to visit Algeria.

8. Develop a comprehensive Women’s Rights Plan with Indigenous women’s participation, aimed at eliminating discriminatory practices.

9. Stop and investigate arbitrary police repression against Mozabite and Kabyle citizens and bring perpetrators to justice.

CMA Regional and International Impact

As part of its international activities, the CMA regularly submits alternative reports on the situation of the rights of Amazighs to various specialized bodies of the United Nations particularly those dealing with issues of racism and discrimination, political, economic, social, cultural and linguistic rights, women’s rights, children’s rights, rights of Indigenous Peoples, etc.  The CMA also regularly alerts the bodies of the UN, the European Union and the African Union, NGOs as well as the public in general on the acts of violations of the individual and the collective rights of the Amazighs in all of the countries where they live.