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Bill on entry, stay and movement of foreigners
Algeria must reconsider its draft law
Algeria is about to adopt a new law on the entry, stay and movement of foreigners on its territory; it will replace a 1996 law on the same subject. The Euro-Mediterranean Human Rights Network (EMHRN) regrets that the Algerian authorities did not find useful to associate civil society organisations to the elaborationprocess of this bill.
The EMHRN welcomes the fact that the bill includes possibilities for migrant to appeal - with suspensive effect - against deportation orders. However, it regrets that the text does not explicitly mention the principle of nonrefoulement and that it does not refer to Article 3 of the United Nations Convention against Torture (CAT).
In addition, the EMHRN expresses its deep concern concerning the provisions of the law dealing with the imprisonment ofmigrants. According to information received by the EMHRN, the new bill provides for the detention of a migrant, with the aim of carrying out a deportation order, for 30 days "renewable", without any limit being set to the duration of the renewal period. Moreover the text specifies that such a decision is made by the "Wali". According to Kamel Jendoubi, President of the EMHRN,"A migrant could thus be held indefinitely, without any judicial control. It is inadmissible".
The bill also provides for prison sentences ranging from 6 months to 2 years, in conjunction with a fine, for any person violating the conditions for entry or stay in the Algerian territory. These sanctions can be taken in conjunction with a ban to enter the territory for up to 5 years. The text envisages moreover 2-to 5-year prison sentencesfor migrants refusing to abide by a deportation or expulsion order. In such a case, the sanction can be combined with a ban to enter the territory for up to 10 years. The EMHRN reiterates its opposition to the fact that migrants can be imprisoned or subject to a ban to enter the territory for reasons linked to their irregular entry or stay in the territory. According to Kamel Jendoubi, "Each state has the right to determine the conditions of entry and stay of migrants on its territory. However, the irregular entry or stay is not a criminal act and therefore migrants should not be put in jail for this, especially for such long periods of time. Deportation is a sufficient measure in itself ".
The law also includes prison sentences from 2 to 5 years for any person who "directly or indirectly, facilitates or intends to facilitate" the stay, movement or exit of a foreigner in an irregular manner. These sanctions can be extended to up to10 years of prison for persons providing “means of transportation” or “telecommunication” to irregular migrants. The EMHRN recognizes the necessity to fight human trafficking. However, it is deeply concerned by the fact that the bill does not distinguish at all between, on one hand, what is related to trafficking and, on the other hand, what comes under voluntary assistance to migrants. "There is a real fear that this law could be used against NGOs assisting migrants and asylum seekers on a voluntary basis" says M. Jendoubi.
For all these reasons, the EMHRN considers that the bill, in its current state, does not guarantee the rights of migrants and asylum seekers in Algeria. Moreover, it considers that this bill is a threat against civil society organisations willing toassist migrants and asylum seekers in this country on a voluntary basis.
The EMHRN calls upon the Algerian authorities not to adopt the text in its current state and to make the necessary amendments in order to ensure its conformity with the principles of international law relating to the protection of human rights as well as with humanitarian law.
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About us
The Euro-Mediterranean Human Rights Network (EMHRN) is a network gathering more than 80 human rights organisations from 30 countries in the Euro-Mediterranean region.
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