Identifier
Created
Classification
Origin
06ALGIERS606
2006-04-03 15:41:00
CONFIDENTIAL
Embassy Algiers
Cable title:  

NEW ALGERIAN LEGISLATION A STEP BACK FOR RELIGIOUS

Tags:  PGOV KDEM PHUM PTER AG 
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DE RUEHAS #0606/01 0931541
ZNY CCCCC ZZH
R 031541Z APR 06
FM AMEMBASSY ALGIERS
TO RUEHC/SECSTATE WASHDC 0764
INFO RUEHLO/AMEMBASSY LONDON 1202
RUEHFR/AMEMBASSY PARIS 1738
RUEHRB/AMEMBASSY RABAT 1255
RUEHTU/AMEMBASSY TUNIS 6101
RUEHEG/AMEMBASSY CAIRO 0740
C O N F I D E N T I A L ALGIERS 000606 

SIPDIS

SIPDIS

E.O. 12958: DECL: 04/02/2016
TAGS: PGOV KDEM PHUM PTER AG
SUBJECT: NEW ALGERIAN LEGISLATION A STEP BACK FOR RELIGIOUS
FREEDOM

REF: ALGIERS 565 (NOTAL)

Classified By: Ambassador Richard W. Erdman,
for reasons 1.4 (b) and (d)

SUMMARY AND COMMENT
--------------------

C O N F I D E N T I A L ALGIERS 000606

SIPDIS

SIPDIS

E.O. 12958: DECL: 04/02/2016
TAGS: PGOV KDEM PHUM PTER AG
SUBJECT: NEW ALGERIAN LEGISLATION A STEP BACK FOR RELIGIOUS
FREEDOM

REF: ALGIERS 565 (NOTAL)

Classified By: Ambassador Richard W. Erdman,
for reasons 1.4 (b) and (d)

SUMMARY AND COMMENT
--------------


1. (SBU) The Algerian parliament quietly passed legislation
February 28 that, among other things, confines non-Muslim
worship to church buildings approved by the state, imposes
penalties for proselytizing, and treats these as criminal
rather than civil offenses. The new law, which clearly
impacts on the free exercise of religions other than Islam,
nonetheless formalistically reaffirms freedom of religion and
non-discrimination based on religious affiliation. The law
was passed as an ordinance by presidential decree, thus
avoiding public debate or a meaningful vote in Parliament.
The GOA will begin implementing the law in six months.
Though not part of the law, restrictions on the movements of
non-Muslim religious leaders by requiring pre-coordination of
travel plans with the Ministry of Interior and mandating
usage of security details for protection are also
increasingly common. Christian religious leaders are
concerned that they have no recourse but to obey the laws or
risk fines and jail time despite the setback it will have on
their work, specifically non-evangelical charitable work.
Ambassador will raise concerns about this law in a meeting
with the Minister of Islamic Affairs scheduled for later this
week.


2. (C) In our view, this legislation is clearly inconsistent
with Algeria's commitment to respecting freedom of religion.
It is also a further reflection of growing Islamist pressures
in Algerian society and the leadership's felt need to
accommodate these pressures. Its enactment also follows the
implementing ordinances for National Reconciliation, raising
the possibility that influential Islamist elements insisted
on this measure as a condition for supporting provisions of
the National Reconciliation which restrict political activity
by former leaders of the banned Islamic Salvation Front
(FIS). Pressures for this legislation also stemmed from an
unprecedented wave of conversion to Christianity during the

past five years, particularly in the politically active
Berber-dominated Kabilye region. Interestingly enough,
Algerians, not foreigners, reportedly have been largely
responsible for evangelistic activities leading to these
conversions. (End Summary and Comment.)

RESTRICTIONS ON WORSHIP FOR NON-MUSLIMS
--------------


3. (U) The legislation, which according to Archbishop
Teissier was passed without any consultation with non-muslim
religions representative, is comprised of three main sections
and 17 articles. The first articles reaffirm that Islam is
the state religion and that the GOA "guarantees the free
exercise of religious worship in the framework of the
Constitution, the laws and regulations in force, the public
order, good moral standards, and the fundamental rights and
liberties of third parties." Per articles five through nine,
all structures intended for the exercise of religious worship
must be registered by the state, and any modification of a
structure to allow religious worship is subject to prior
approval of the National Commission of the Exercise of
Religious Worship. Additionally, religious worship may only
take place in structures exclusively intended and approved
for that purpose. This gives the GOA the power to regulate
the locations of all non-Muslim worship and monitor
participation. The GOA can now effectively shut down
informal Christian religious services that take place in
private homes or in secluded outdoor settings where some
converted Muslims currently worship.

DETERRENCE OF PROSELYTIZING
--------------


4. (U) Article 10 stipulates that the punishment for
proselytizing is one to three years in jail and a maximum
fine of 500,000 Algerian Dinars (DA) (approximately $6,900)
for lay individuals and three to five years of jail time and
maximum 1,000,000 DA ($13,800) if the person is a religious
leader. Article 11 also lays out a maximum of five years in
jail and 500,000 DA fine for anyone who "incites, constrains
or utilizes means of seduction tending to convert a Muslim to
another religion; or by using to this end establishments of
teaching, education, health, social, culture, training, or
any other establishment; or any financial means." This

clause appears directly aimed at limiting Christian
charitable assistance by construing these groups as seducing
Muslims to Christianity despite their focus on charitable
work rather than evangelism. Anyone who makes, stores or
distributes printed documents, audiovisual materials or the
like with the intent of shaking the faith of a Muslim may
also be punished in this manner. Article 14 maintains that
foreigners arrested for proselytizing may be expelled from
the country and banned from residence for a minimum of ten
years. This will only take place, however, after completion
of the individual's entire prison term.

ADDED "PROTECTION" FOR RELIGIOUS LEADERS
--------------


5. (C) Though not stated in the legislation, the Ministry of
Interior (MOI),in concert with this law, notified all
Christian religious leaders by fax that they will be placed
under extraordinary security for all moves outside of the
Wilaya of Algiers. Much as is the case for diplomats, these
leaders must now give the GOA advance notice of any intended
travel outside Algiers, which automatically results in a
police escort. Christian clergy have been safe and free to
travel throughout the country for several years, and there
has not been a recorded attack against them outside of
Algiers since the 1996 beheading of seven French monks by
Islamic terrorists in Tiberine. Within Algiers, the last
attack was the January 2005 stabbing of a Protestant pastor,
Hugh Johnson. Pastor Johnson's wound was not life-threatening
and he has since made a full recovery. Christian officials
in Algiers have taken their complaints on this new measure to
the MOI with no result.

AVOIDING PUBLIC DEBATE
--------------


6. (SBU) The legislation was passed as an ordinance and
signed by President Bouteflika. As an ordinance, it only
requires a rubber stamp Parliamentary vote with virtually no
debate. Post contacted several members of parliament prior
to the vote, and reaction to the new law were mixed. One MP
from the secular Democratic National Rally (RND) remarked,
"It was too bad to pass a law on such a sensitive topic as
freedom of religion with absolutely no debate." Other MP's
took a pragmatic view and said the law was procedurally
introduced as an ordinance to avoid having a public debate on
religion. A representative of the National Liberation Front
(FLN),however, said, "The law comes at the right time, and
the President is right to take measures against people who
took advantage for several years of the Algerian constitution
and its freedom of religion." Post also contacted a lawyer
well-versed in Sharia law who warned that Algeria "should be
careful when establishing this framework that it is not in
contravention of the constitution and the international
commitments of Algeria....A misinterpretation of this law
could create an abuse in human rights which must be avoided."

ERDMAN