Charter for Peace and National Reconciliation
Encyclopedia
The Charter for Peace and National Reconciliation was a charter proposed by Algeria
n President
Abdelaziz Bouteflika
, in an attempt to bring closure to the Algerian Civil War
by offering an amnesty for most violence committed in it. The referendum
on it was held on September 29, 2005, passing with 97%, and the charter was implemented as law on February 28, 2006.
national elections in the early nineties, to prevent an Islamist electoral victory. It is estimated to have caused around 200,000 dead or missing Algerians, with extremist fundamentalist groups generally held responsible for the most deaths, including atrocious massacres of civilian
s; but also with much criticism directed towards Algerian Special Forces
and other military units for torture
and "disappearances". Violence subsided in the mid-to late 1990s after a largely successful government campaign, but it still claims tens of lives each year, and some minor fundamentalist organizations continue to attack government and civilian targets.
measures, proposed the following steps:
President Bouteflika described the referendum as an effort to end bloodshed in the country. The civil war
, which broke out in 1992, has claimed more than 200,000 lives and cost the country's infrastructure $30 billion.
groups who argue that it institutionalises impunity and impedes any legal action against the security services, including the DRS, while proposing penalties for anyone who dares accuse those amnestied of crimes.
Furthermore, the families of victims and their organizations continue to demand information on the fate of the missing and to insist that "justice" must precede reconciliation. Many still fear the return of terrorists to their communities.
Finally, the largest radical Islamist group still active – the Salafist Group for Preaching and Combat (GSPC), which is estimated to consist of a few hundred members and is allied with Al-Qaeda
– has totally rejected the Charter and has called for a continuation of their "jihad
" against the regime.
, former #2 of the FIS was released, as well as Abdelhak Layada
, one of the founder of the Armed Islamic Group
(GIA), in March 2006. According to Libération
, more than 300 Islamists have been recently released after the new law on "national reconciliation", and several hundreds more are expected to be freed soon.
Algeria
Algeria , officially the People's Democratic Republic of Algeria , also formally referred to as the Democratic and Popular Republic of Algeria, is a country in the Maghreb region of Northwest Africa with Algiers as its capital.In terms of land area, it is the largest country in Africa and the Arab...
n President
President of Algeria
The President of Algeria is the head of state and chief executive of Algeria, as well as the Commander-in-Chief of the Algerian armed forces.-History of the office:...
Abdelaziz Bouteflika
Abdelaziz Bouteflika
Abdelaziz Bouteflika is the ninth President of Algeria. He has been in office since 1999. He continued emergency rule until 24 February 2011, and presided over the end of the bloody Algerian Civil War in 2002...
, in an attempt to bring closure to the Algerian Civil War
Algerian Civil War
The Algerian Civil War was an armed conflict between the Algerian government and various Islamist rebel groups which began in 1991. It is estimated to have cost between 150,000 and 200,000 lives, in a population of about 25,010,000 in 1990 and 31,193,917 in 2000.More than 70 journalists were...
by offering an amnesty for most violence committed in it. The referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
on it was held on September 29, 2005, passing with 97%, and the charter was implemented as law on February 28, 2006.
Background
The war broke out after Algerian military authorities suspended the country's first democraticDemocracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
national elections in the early nineties, to prevent an Islamist electoral victory. It is estimated to have caused around 200,000 dead or missing Algerians, with extremist fundamentalist groups generally held responsible for the most deaths, including atrocious massacres of civilian
Civilian
A civilian under international humanitarian law is a person who is not a member of his or her country's armed forces or other militia. Civilians are distinct from combatants. They are afforded a degree of legal protection from the effects of war and military occupation...
s; but also with much criticism directed towards Algerian Special Forces
Groupe d'Intervention Spécial
The Special Intervention Group is a special forces group created in Algeria in 1987, initially with 300 members.In addition to the commando-style typical training course of Western forces like the French COS and the Russian Spetnaz they also received training on specialized topics like tactical...
and other military units for torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
and "disappearances". Violence subsided in the mid-to late 1990s after a largely successful government campaign, but it still claims tens of lives each year, and some minor fundamentalist organizations continue to attack government and civilian targets.
Charter and referendum
According to official results, the Charter was approved by 97.36% of the voters, amounting to 79.76% of the eligible electorate. The Charter, which follows on the 1999 law on "civil concord" and subsequent amnestyAmnesty
Amnesty is a legislative or executive act by which a state restores those who may have been guilty of an offense against it to the positions of innocent people, without changing the laws defining the offense. It includes more than pardon, in as much as it obliterates all legal remembrance of the...
measures, proposed the following steps:
- Amnesty for "terroristsTerrorismTerrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
" who have handed in their weapons, except those guilty of mass murderMass murderMass murder is the act of murdering a large number of people , typically at the same time or over a relatively short period of time. According to the FBI, mass murder is defined as four or more murders occurring during a particular event with no cooling-off period between the murders...
, bombing attacks on public installations, and rape. This includes those condemned in absentiaIn absentiaIn absentia is Latin for "in the absence". In legal use, it usually means a trial at which the defendant is not physically present. The phrase is not ordinarily a mere observation, but suggests recognition of violation to a defendant's right to be present in court proceedings in a criminal trial.In...
. On the other hand, the outlawed Islamist party FISIslamic Salvation FrontThe Islamic Salvation Front is an outlawed Islamist political party in Algeria.-Goals:...
will not be reinstated; - Implicit exoneration of the security services for the "disappearance" of more than 7,000 Algerians;
- Financial and other compensation to the families of the dead and disappeared
President Bouteflika described the referendum as an effort to end bloodshed in the country. The civil war
Civil war
A civil war is a war between organized groups within the same nation state or republic, or, less commonly, between two countries created from a formerly-united nation state....
, which broke out in 1992, has claimed more than 200,000 lives and cost the country's infrastructure $30 billion.
Implementation
The Charter left to the President's discretion detailed implementation of matters such as indemnities to victims of terrorism and their families, compensation for material damages, the future of rural militias raised by the military, the possible reintegration of those dismissed from work on political grounds, and the extent to which insurgent leaders who escaped abroad will be pardoned. These matters may be regulated by parliamentary legislation or by presidential decree.Criticism
The Charter has been criticized by human rightsHuman rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
groups who argue that it institutionalises impunity and impedes any legal action against the security services, including the DRS, while proposing penalties for anyone who dares accuse those amnestied of crimes.
Furthermore, the families of victims and their organizations continue to demand information on the fate of the missing and to insist that "justice" must precede reconciliation. Many still fear the return of terrorists to their communities.
Finally, the largest radical Islamist group still active – the Salafist Group for Preaching and Combat (GSPC), which is estimated to consist of a few hundred members and is allied with Al-Qaeda
Al-Qaeda
Al-Qaeda is a global broad-based militant Islamist terrorist organization founded by Osama bin Laden sometime between August 1988 and late 1989. It operates as a network comprising both a multinational, stateless army and a radical Sunni Muslim movement calling for global Jihad...
– has totally rejected the Charter and has called for a continuation of their "jihad
Jihad
Jihad , an Islamic term, is a religious duty of Muslims. In Arabic, the word jihād translates as a noun meaning "struggle". Jihad appears 41 times in the Quran and frequently in the idiomatic expression "striving in the way of God ". A person engaged in jihad is called a mujahid; the plural is...
" against the regime.
Effects
Ali BelhadjAli Belhadj
Ali Belhadj was the Vice-President of the Islamic Salvation Front .Born in 1956 in Tunis to parents of Mauritanian origin from the wilaya of Adrar in Algeria, Belhadj became a teacher of Arabic and an Islamist activist in the 1970s...
, former #2 of the FIS was released, as well as Abdelhak Layada
Abdelhak Layada
Abdelhak Layada , also known as Abu Adlane, was one of the founders of Algeria's militant Islamist group Armed Islamic Group during the Algerian Civil War, and led it after the death of Mohamed Allel ....
, one of the founder of the Armed Islamic Group
Armed Islamic Group
The Armed Islamic Group is an Islamist organisation that wants to overthrow the Algerian government and replace it with an Islamic state...
(GIA), in March 2006. According to Libération
Libération
Libération is a French daily newspaper founded in Paris by Jean-Paul Sartre and Serge July in 1973 in the wake of the protest movements of May 1968. Originally a leftist newspaper, it has undergone a number of shifts during the 1980s and 1990s...
, more than 300 Islamists have been recently released after the new law on "national reconciliation", and several hundreds more are expected to be freed soon.
See also
- Algerian Civil WarAlgerian Civil WarThe Algerian Civil War was an armed conflict between the Algerian government and various Islamist rebel groups which began in 1991. It is estimated to have cost between 150,000 and 200,000 lives, in a population of about 25,010,000 in 1990 and 31,193,917 in 2000.More than 70 journalists were...
- Islamic Salvation Front / Front Islamique du Salut (FIS)Islamic Salvation FrontThe Islamic Salvation Front is an outlawed Islamist political party in Algeria.-Goals:...
- Mourad IkhlefMourad IkhlefMourad Ikhlef arrived in Canada in 1993, and obtained refugee status in 1994. Based on allegations of past involvement with the Armed Islamic Group of his native Algeria, as well as a connection to Ahmed Ressam a security certificate was issued in 2001, and on December 12 he was arrested in his...
, amnestied