NEW ALGERIAN LEGISLATION A STEP BACK FOR RELIGIOUS

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