UN Special Rapporteur on Freedom of Assembly Calls on Algeria to Reopen the Churches

2nd July 2024 Geneva, Switzerland | “It’s very important to try to figure out a way to strengthen the system, and also to claim for the government [of Algeria] to stop doing the reprisals and stop […] the closing of the churches.”

The UN Special Rapporteur on freedom of peaceful assembly and of association, Gina Romero, is the first speaker at the side-event on Algeria co-organised by Jubilee Campaign and the European Centre of Law and Justice and co-sponsored by Set My People Free. Gina Romero draws her remarks from her mandate’s recent report on Algeria presented during the 56th UN Human Rights Council Session. She lifts the recommendations made in the country report on Algeria drafted by her predecessor focusing on religious freedom of assembly which calls on Algeria to repeal laws which restrict the right of freedom of assembly. The recommendations reiterate those made by the UN Human Rights Committee earlier: “abolish all legitimate legislative provisions that violate freedom of thought, conscience and religion, and to ensure that all persons, including atheists and those who have renounced the Muslim faith [Christian converts] are able to fully exercise the freedom of thought, conscience and religion.”

She also responds to the Government of Algeria’s denial of violations. The government of Algeria has been doubling down on its restrictions on the freedom of assembly of Christians, excusing the violations on the grounds of maintaining peace and security, but the Special Rapporteur is clear:  “It is crucial that Algeria enable all religious minorities to peacefully exercise their rights to freedom of association and of assembly, to comply with its international human rights obligations and for the sake of peace and stability.”

“A lot of communities, individuals and groups are being affected by the fact that these churches are being closed,”
– Special Rapporteur on freedom of peaceful assembly and of association, Gina Romero

The newly appointed Special Rapporteur on freedom of assembly, Gina Romero, emphasises the human cost of the closure of churches: “A lot of communities, individuals and groups are being affected by the fact that these churches are being closed.” She explains, “a church is not only a building, but a church is also community, a church is also a provision of access of all the rights.” Algeria by closing the churches is de facto denying a lot of communities, individuals and groups access to that support.

Pastor Youssef Ourahmane, a Christian Algerian and the Vice President of the Evangelical Protestant Church of Algeria [EPA], the umbrella association representing the majority of the churches the government has been closing down, follows the introductory remarks of the Special Rapporteur and begins by outlining the two main sources of persecution used by the Government of Algeria to clampdown on Christian freedom of assembly: “They tell us you have been holding or organizing church activities without authorization or they will tell us that you have been shaking or you are shaking the faith of the Muslim.” He explains that the government of Algeria are pursuing over 50 criminal charges against Christian leaders for “unauthorised worship” and other related reasons.

“And I talk about myself actually,” he continues live via Zoom, “I have been condemned for two years. On the 2nd of July [2023] almost a year now, without [my] knowledge, without being informed, without even attending to the court, just, condemning me for two years.” The Tizi Ouzou Appeal court has since, in May 2024, reduced his sentence to one year imprisonment and a fine, the only thing holding off his arrest is that he has appealed the decision to the Supreme Court, “And hopefully, you know, things will change. But it would take some time to get the verdict,” he says.  

Since Pastor Youssef Ourahmane could not be in Geneva in-person, his daughter, Sarah, made the trip to speak out, knowing it may cost her the right to return to her homeland. She describes the importance of the Algerian church: “I’m not only here to speak on behalf of my father, but also the broader community of over 100,000 indigenous Protestant Christians spread across over 50 churches in Algeria. Many members of my community say that becoming a Christian provides them greater freedom to live out their true identity, but also to pray in their own indigenous tongue. They say that having a community of Christians allows for them to meet, convene, eat together, and even have extracurricular activities for their children.” She also describes how the church also was a place of refuge in the 1990s during the civil war.

“To be a Christian in Algeria means the protection formerly provided by the law is an illusion,” Sarah states in her opening remarks. She highlights article 51 of the Algerian constitution which states that freedom of opinion is inviolable, and that freedom of worship is guaranteed and shall be exercised in accordance with the law, “this is not the case in reality,” she says and “freedom of expression, as well as freedom of assembly and peaceful demonstration, and the right to form associations are not extended to Algerian Christians.”

“Despite the letter of the law, my community faces numerous bureaucratic and judicial measures to limit the freedoms which have or should have been formerly granted to us,”
Sarah Ourahmane – second-generation Algerian Christian

“Despite the letter of the law, my community faces numerous bureaucratic and judicial measures to limit the freedoms which have or should have been formerly granted to us,” Sarah shares.  She adds that being a Christian in Algeria also means that the government can criminally prosecute you for meeting with other Christians and also under its anti-blasphemy laws. She mentions the case of Hamid Soudad and of her father and concludes by urging the states present in the room to call on Algeria to fulfil its international obligations by:

  1.  Dropping  all prosecution of Christians for exercising their religious rights,
  2. Renewing the license  for the Evangelical Protestant Association
  3. Reopening all the churches
  4. Abolishing discriminatory laws such as the Ordinance of March 2006, for which the church closures have been occurring.

“When freedom of religion or belief and freedom of peaceful assembly and association go, so do our fundamental rights, and our rights are under attack. It’s being denied. And arguably the whole Algerian society suffers,” she concludes.

The UN Special Rapporteur on freedom of religion or belief also weighs in during the side-event via a pre-recorded video that plays behind the panelists. She highlights three specific UN Communications regarding religious prisoner of conscience from diverse beliefs: atheist, Muslim and Christian she notes that Algerian authorities have “tended to respond to these allegation letters.” They have also defended “both Algeria’s protections of freedom of religion or belief, which it has to be said, are more restrictive than permissible under the ICCPR [International Covenant on Civil and Political Rights], and to deny that any human rights violations took place.”

The Special Rapporteur on freedom of religion or belief outlines her December 2020 joint communication with the Special Rapporteurs on minority issues and freedom of association, which raised concern about the closure of places of worship and churches affiliated with the Protestant Church of Algeria. She notes that how, at the time, in over a two-year period in 2019, nine churches affiliated with the EPA had been subjected to closure, by regional governors, and a further 49 had been threatened with closure. She flags with concern the behaviour of law enforcement officers during those closures, “including the use of physical force against worshipers and church representatives.” She describes the government’s response which has been to defend the closures saying they have not met “administrative formalities.”

His Excellency Ambassador Xavier Driencourt is also present in the room, he shares his experiences of being an Ambassador for France to Algeria, he describes what he calls “the paradox.” He reiterates how Algeria has a legal framework which is “fairly liberal” but that this is mainly applicable to Muslims religions and other religions are closely regulated and subject to “an authorisation and approval regime.” He notes with concern the removal of freedom of conscience from the new constitution and a recent statement from the former Minister of Religion that an Algerian can only be Muslim.

The Ambassador provides three main reasons for this paradox in Algeria where the legal framework which is officially liberal does not translate into a daily reality. “First reason is obviously the permanent and constant affirmation since ‘72 of the supremacy of the Muslim religion. It is a constant policy, but one which is particularly affirmed today. Second reason is the fear of conversion of Muslims to Christianity and the example that would thus be given. Third reason, without saying it, it is undoubtedly also a more political reason. It is the Kabyles who are particularly targeted and who have turned more towards the Catholic or Protestant religion.”

Joseph Janssen with Jubilee Campaign concludes; “It’s time for all stakeholders, as we have been, [to be] involved […] to take a serious stance, and take action, urging Algeria to take necessary steps to end, these atrocities and give all rights to its citizens to profess; for religious freedom, freedom of conscience and [freedom of] assembly, to practice their beliefs in its country.”

Photos used with permission from ECLJ.

Full recording of the side-event at the UN Human Rights Council on Algeria, 2nd July 2024