Identifier
Created
Classification
Origin
06ALGIERS734
2006-04-22 06:28:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Algiers
Cable title:  

AMBASSADOR'S DISCUSSION OF NEW RELIGIOUS LAW WITH

Tags:  PHUM PGOV SOCI KIRF KISL AG 
pdf how-to read a cable
VZCZCXYZ0000
PP RUEHWEB

DE RUEHAS #0734/01 1120628
ZNR UUUUU ZZH
P 220628Z APR 06
FM AMEMBASSY ALGIERS
TO RUEHC/SECSTATE WASHDC PRIORITY 0908
INFO RUEHRB/AMEMBASSY RABAT 1284
RUEHTU/AMEMBASSY TUNIS 6126
RUEHLO/AMEMBASSY LONDON 1236
RUEHFR/AMEMBASSY PARIS 1770
RUEHEG/AMEMBASSY CAIRO 0748
UNCLAS ALGIERS 000734 

SIPDIS

SENSITIVE
SIPDIS

STATE FOR G/IRF

E.O. 12958: N/A
TAGS: PHUM PGOV SOCI KIRF KISL AG
SUBJECT: AMBASSADOR'S DISCUSSION OF NEW RELIGIOUS LAW WITH
RELIGIOUS AFFAIRS MINISTER GHLAMALLAH

REF: ALGIERS 606

SUMMARY AND OVERVIEW
---------------------

UNCLAS ALGIERS 000734

SIPDIS

SENSITIVE
SIPDIS

STATE FOR G/IRF

E.O. 12958: N/A
TAGS: PHUM PGOV SOCI KIRF KISL AG
SUBJECT: AMBASSADOR'S DISCUSSION OF NEW RELIGIOUS LAW WITH
RELIGIOUS AFFAIRS MINISTER GHLAMALLAH

REF: ALGIERS 606

SUMMARY AND OVERVIEW
--------------


1. (SBU) During an April 15 meeting with Religious Affairs
Minister Ghlamallah, Ambassador discussed U.S. concerns about
Algeria's new law regulating non-Muslim worship, noting that
it opened the door to arbitrary interpretations and
restrictions, had been adopted without any consultation with
affected groups, and would have to be mentioned in our
upcoming, congressionally mandated annual Report on
International Religious Freedom. The Minister reiterated
Algeria's respect for the freedom of religion; predictably
downplayed the new legislation as simply an effort to
regulate non-Muslim sects, much as Islam itself had been
regulated; and, in response to examples of activities
Ambassador cited that might be deemed illegal under the new
law, assured they would be permitted. The conversation,
which was friendly but frank, took place in the context of a
broader discussion about strengthening cooperation with the
Religious Affairs ministry, possible Embassy participation in
a ministry project involving the renovation of a historic
mosque in Oran, and the importance of Muslim political and
religious leaders stressing the core values of Islam in order
to counter extremist ideologies that instrumentalize Islam
for political purposes.


2. (U) During the conversation, Ambassador noted U.S. respect
for Islam, our desire to counter the notion that we were
somehow involved in a war against Islam, and our appreciation
for President Bouteflika's having repeatedly stressed in
public the peaceful, tolerant values of Islam and the need to
counter those who would exploit Islam for political purposes.
Subsequent to the meeting, the Ministry issued a communique
noting the GOA's respect for human rights and religious
freedoms and "the special importance the GOA attaches to
fighting extremism and wrongdoing under the cover of
religion." The press covered the communique widely,
helpfully noting the comments about U.S. respect for Islam as
a religion of peace, love, and tolerance and our interest in
participating in restoration projects. The Arabic press,

obviously backgrounded, reported that the Ambassador had
expressed "reservations" about the new legislation, but
without providing details. (End Summary and Overview)

MINISTER: ISLAM IS REGULATED BY LAW,
NON-MUSLIM GROUPS SHOULD BE TOO
--------------


3. (SBU) Ambassador, accompanied by A/PAO, called on
Religious Affairs Minister Ghlamallah April 15 to discuss the
Ministry's interest in expanded cooperation; the importance
of religious moderates emphasizing the peaceful, tolerant
values of Islam; and U.S. concerns about new Algerian
legislation regulating non-Muslim worship. Invited to
comment on the new legislation, the Minister predictably and
unconvincingly argued the legislation should be of no
concern. Algeria was a largely Islamic country with only
small minorities practicing other religions, primarily
Christianity. The practice of Islam was regulated by law and
the new legislation simply sought to regulate other religions
in similar fashion. Ghlamallah reaffirmed Algerian
constitutional protections for the freedom of worship and
conscience but argued that Christians were regularly
gathering in private homes and other establishments outside
the umbrella of an established church. He questioned whether
Christians could "continue to do as they wish in ignorance of
the legal regulations," adding that Christians and other
non-Muslims needed to observe the law by worshipping publicly
and not clandestinely.

AMB: LEGISLATION IS DISCRIMINATORY AND
OPENS THE DOOR TO ARBITRARY INTERPRETATION
--------------


3. (SBU) In response, Ambassador expressed concern about the
impact of the law, not only in a Muslim-Christian context but
in a Christian-Christian context. As written, the
legislation opened the door to very arbitrary interpretations
that could put innocent Christians, worshipping with other
Christians, in jeopardy. While claiming in Article 4 there
should be no discrimination based on religious affiliation,
in fact, the way the law was written was very discriminatory.
A Muslim could pray anywhere, in his store or in his home,

when prayer time came. But, according to the law, a
Christian could only worship in a place approved by the
government. Similarly, the law would make criminals out of
Sub-Saharan African Christians, who while traveling through a
remote oasis town where there is no church encounter a
traveling priest and ask for a moment of prayer with him.
Did the injunction about praying only in approved places mean
an Algerian Christian family could not pray in its own home?
Did the presence of visiting Muslim relatives of that family
entail a violation of the provision against engaging in
activities that "shake the faith" of a Muslim? What if one
of the guests at the Ambassador's residence wandered into the
study and happened to pick up a Bible from the shelf and
glance at a few pages? Was the Ambassador shaking the faith
of a Muslim? And what about the Embassy's annual holiday
reception for our Algerian employees, where the children
wanted to have their pictures taken in front of the Christmas
tree?


4. (SBU) To each question, the Minister replied with an
emphatic "no." It was not at all the intention of the law to
prevent those kinds of activities. The law was designed to
require non-Muslim religious groups who regularly met to
request authorization for their congregation to meet at a
specific location. He claimed, furthermore, that such
groups could meet unimpeded pending legal authorization, but
needed to abide by all regulations. The Ambassador replied
each time, with equal emphasis, that the Minister's
interpretation of the legislature was very reasonable. But
what was to prevent someone less reasonable and tolerant from
interpreting the legislation in a much more radical and
restrictive way? That was the danger. By creating
uncertainty and allowing for widely varying interpretations
and implementation, it put people innocently practicing their
religious faith in jeopardy. Ambassador also pointed out
that the law had been adopted without any consultation
whatsoever with affected groups.

MULTI-FAITH COMMISSION WILL OVERSEE
IMPLEMENTATION OF THE NEW LEGISLATION
--------------


5. (SBU) Ghlamallah and his staff responded that Articles 8
and 9 of the legislation provided for the participation of
non-Muslim groups in the implementation of the legislation.
(Article 8 provides that "Religious gatherings take place in
structures; they are public and subject to prior
declaration." The conditions and terms of the application of
the present article are set by statutory means. Article 9
provides for "a national commission of religious worship"
created by the Religious Affairs Minister, which would have
responsibility for monitoring respect for the free exercise
of religious worship, handling concerns related to religious
worship, and giving prior approval for the formation of
associations of a religious character. According to the same
article, the composition of the commission and the terms of
its functioning are set by statutory means.) Under these
provisions, Ghlamallah said, the commission would include
representatives of "established Christian" organizations and
specifically identified the Catholic, Anglican, and
Protestant churches. He stressed that he and his staff had
frequently met with representatives of these churches and
asked them to submit dossiers outlining their ideas as to how
the commission should be designed and how it should fulfill
its duties. For example, the Anglican Church was assured
that its pastors could serve visiting Africans. The Ministry
was also taking suggestions from the Protestant Church in
Bejaia in fleshing out the ordinance. Ghlamallah claimed
that a final decision regarding the religious practice of
non-Muslims had not been made and that it would be finalized
by the multi-faith commission.

MINISTER NOT PERTURBED BY MENTION OF NEW LAW
IN OUR INTERNATIONAL RELIGIOUS FREEDOM REPORT
--------------


6. (SBU) Ambassador advised that the Department was legally
required by Congress to prepare an annual Report on
International Religious Freedom. However benign the
legislation might appear in Algerian eyes, from afar and to a
foreign observer, it looked like a derogation of religious
freedom and we would be obliged to report it as such in our
upcoming report this May. Clearly suggesting his belief that
the new legislature did not/not restrict religious freedoms,
he indicated he had no problem with our including mention of

the new legislature in our report. Indeed, he added, if
Christians complained of persecution or restrictions on their
ability to worship, those complaints must be reported as
well! As Minister, he would likely be aware of such problem
if they did arise.

ERDMAN