Algeria
(2003)
The Constitution declares Islam to be the state religion but prohibits discrimination based on religious
belief, and the Government generally respects religious freedom in practice;
however, there were some restrictions.
There was no change in the status of respect for religious
freedom during the period covered by this report. Islam is the only
state-sanctioned religion, and the law limits the practice of other
faiths, including prohibiting public assembly for purposes of practicing
a faith other than Islam; however, the Government follows a de facto
policy of tolerance by allowing, in limited instances, the conduct of
religious services by non-Muslim faiths in the capital, which were open
to the public. Self-proclaimed Muslim terrorists continue to justify
their killing of security force members and civilians by referring to
interpretations of religious texts; however, the level of violence perpetrated
by terrorists continued to decline during the period covered by this
report.
The generally amicable relationship among religions
at government and social levels contributed to religious freedom; however,
differences remain within the country's Muslim majority about the interpretation
and practice of Islam. A very small number of citizens, such as Ibadi
Muslims living in the desert town of Ghardaia, practice non-mainstream
forms of Islam or practice other religions but there is minimal societal
discrimination against them.
The U.S. Government discusses religious freedom with
the Government in the context of its overall dialog and policy of promoting
human rights.
Section I. Religious Demography
The country has a total land area of 6,406,880 square
miles, and its population is approximately 32,818,500. The vast majority
of citizens are Sunni Muslims. Official data on the number of non-Muslim
residents is not available, however practitioners report it to be in
the tens of thousands. Many citizens who practice non-Muslim faiths
have fled the country due to the civil unrest; as a result, the number
of Christians and Jews in the country is significantly lower than the
estimated total before 1992. The small Christian community, which is
predominantly Roman Catholic, has approximately 25,000 members, and
the Jewish community numbers perhaps fewer than 100 persons. There are
no reliable figures on the numbers of atheists in the country, and very
few persons identify themselves as such.
For security reasons, due mainly to the 11-year civil
conflict, both Christians and Jews concentrated in the large cities
of Algiers, Constantine, and Oran in the mid-1990s. There also is a
Christian community in the eastern region of Kabylie.
There is only one missionary group operating in the
country on a full-time basis. Other evangelical groups travel to and
from the country but are not established. While Christians do not proselytize
actively, they report that conversions take place without government
sanction or interference.
Section II. Status of Religious Freedom
Legal/Policy Framework
The Constitution declares Islam to be the state religion
but prohibits discrimination based on religious belief, and the Government
generally respects this prohibition in practice, with some limited exceptions.
The law limits the practice of other faiths; however, the Government
follows a de facto policy of tolerance by allowing, in limited instances,
the conduct of religious services by non-Muslim faiths in the capital
which were open to the public. The small Christian and tiny Jewish populations
generally practice their faiths without government interference.
Missionary groups are permitted to conduct humanitarian
activities without government interference as long as they are discreet
and do not proselytize. Many of the "home churches" in which
Christians worship are in contact with the Government, and none report
being intimidated or threatened.
The study of Islam is a strict requirement in the public
schools, which are regulated by the Ministry of Education and the Ministry
of Religious Affairs. Education is free to all citizens below the age
of 16. Both private primary and private secondary schools operate in
the country; however, the Government did not extended recognition to
these institutions during the period covered by this report, and therefore
private school students must register as independent students within
the public school system in order to take national baccalaureate examinations.
In February the quasi-governmental High Islamic Council
sponsored an international symposium on interfaith cooperation in Algiers
entitled "The Dialogue of Civilizations," followed by a second
symposium in April examining trends in Western and Eastern religious
thought. The country's leading Islamic and non-Islamic religious leaders
also attended regional symposia hosted but the Algerian immigrant community
in France to discuss Algerian Jewry, inter-faith relations, and religious
tolerance. In March 2002, an international symposium on "Rapprochement
among Islamic Rites" was held in Algiers. Topics discussed included
terrorism, religious fundamentalism, and women's rights.
The Government recognizes the Islamic holy days of
'Eid Al-Adha, 'Eid Al-Fitr, Awal Moharem, Achoura, and Mawlid Nabbaoui
as national holidays.
Restrictions on Religious Freedom
The Government appoints imams to mosques and provides
general guidance on sermons. However, during the period covered by this
report there were reports that adherents replaced government-appointed
imams with ones whose views more closely aligned to the sentiments of
local practitioners. The Government monitors activities in mosques for
possible security-related offenses, bars the use of mosques as public
meeting places outside of regular prayer hours, and convokes imams to
the Ministry of Religious Affairs for "disciplinary action"
when warranted.
Amendments to the Penal Code in 2001 established strict
punishments, including fines and prison sentences, for anyone other
than a government-designated imam who preaches in a mosque. The Ministry
of Religious Affairs coordinated with imams in certain regions to reduce
religious extremism following reports that Salafist members called for
the boycott of specific prayers, the division of mosques between Salafi
and non-Salafi members, and the right to lead religious lessons and
hold religious seminars. Harsher punishments were established for any
person, including government-designated imams, if such persons act "against
the noble nature of the mosque" or act in a manner "likely
to offend public cohesion." The amendments do not specify what
actions would constitute such acts. By law, the Government is allowed
to pre-screen religious sermons before they are delivered publicly.
However, in practice the Government generally reviews sermons after
the fact. The Government's right of review has not been exercised among
non-Islamic faiths.
During the period covered by this report, the Government
sanctioned a number of imams for inflammatory sermons following the
May 21 earthquake and for interpretations of the Koran "likely
to offend public cohesion." The Ministry of Religious Affairs provides
some financial support to mosques and during the period covered by this
report sought to expand its control over the training of imams through
a government-run Islamic educational institute. This institute would
ensure that all imams are of the highest educational caliber and present
messages in line with government guidelines in place to stem Islamic
fanaticism. At the end of the period covered by this report, no school
had actually been established.
The law prohibits public assembly for purposes of practicing
a faith other than Islam. However, Roman Catholic churches, including
a cathedral in Algiers (the seat of the Archbishop), conduct services
without government interference, as does a Protestant church. In 1994
the size of the Jewish community diminished significantly due to fear
of terrorist violence, and the synagogue in Algiers since has been abandoned.
There are only a few small churches and other places of worship; non-Muslims
usually congregate in private homes for religious services.
Islamic (Shari'a) law does not recognize conversion
from Islam to any other religion; however, conversion is not illegal
under civil law. Conversions from Islam to other religions are rare.
Due to safety concerns and potential legal and social problems, Muslim
converts practice their new faith clandestinely (see Section III). Non-Islamic
proselytizing is illegal, and the Ministry of Religious Affairs, Ministry
of Foreign Affairs, Ministry of Interior, and Ministry of Commerce all
must approve the importation of large quantities of non-Islamic literature
for widespread distribution. Restrictions on the importation of Arabic
and Berber translations of non-Islamic texts are enforced periodically.
Personal copies of the major works of other religions, such as the Bible,
may be brought into the country. Occasionally such works are sold in
local bookstores in Algiers, and in general non-Islamic religious texts
no longer are difficult to find. Non-Islamic religious music and video
selections also are available. The Government prohibits the dissemination
of any literature that portrays violence as a legitimate precept of
Islam.
While they do not proselytize actively, Christians
report that conversions to Christianity take place without government
sanction or interference.
Some aspects of Shari'a as interpreted and applied
in the country discriminate against women. The 1984 Family Code, which
is based in large part on Shari'a, treats women as minors under the
legal guardianship of a husband or male relative. For example, a woman
must obtain a father's approval to marry. While there are no limitations
on or burdens of legal proof required of men seeking divorce, the Family
Code limits a woman's ability to gain a divorce for reasons other than
seven codified provisions. Divorce can be granted to wives whose husbands
are impotent, abusive, adulterers, or convicted criminals, and can be
granted in instances where the husband has been absent from the family
for more than one year, where a husband has refrained from sexual relations
for more than four months, or where a husband has committed an "immoral
infraction" such as pedophilia. In rare instances, a woman can
seek divorce through "purchasing" her freedom from her husband
through a practice know as "khlouay." In keeping with Islamic
law, husbands generally keep the right to the family's home in the case
of divorce. Custody of the children normally is awarded to the mother,
but she may not enroll them in a school or take them out of the country
without the father's authorization. Only males are able to confer citizenship
on their children. Muslim women are prohibited from marrying non-Muslims.
Muslim men may marry non-Muslim women.
Women also suffer from discrimination in inheritance
claims; in accordance with Shari'a, women are entitled to a smaller
portion of a deceased husband's estate than are his male children or
his brothers. According to Shari'a, such a distinction is justified
because other provisions require that the husband's income and assets
be used to support the family, while the wife's income and assets remain
her own. Women may take out business loans and are the sole custodians
of their dowries. However, in practice women do not always have exclusive
control over assets that they bring to a marriage or income that they
earn themselves. Females under 18 years of age may not travel abroad
without the permission of a male legal guardian.
Abuses of Religious Freedom
The country's 11-year civil conflict has pitted self-proclaimed
radical Muslims against moderate Muslims. Approximately 150,000 civilians,
terrorists, and security forces have been killed during the past 11
years. Extremist self-proclaimed Islamists have issued public threats
against all "infidels" in the country, both foreigners and
citizens, and have killed both Muslims and non-Muslims, including missionaries.
Extremists continued attacks against both the Government and moderate
Muslim and secular civilians; however, the level of violence perpetrated
by these terrorists continued to decline during the period covered by
this report. There were 183 civilian deaths due to terrorism in the
first 6 months of the year, compared with 313 civilians killed in the
same period in 2002. These figures contrast with more than 1,000 killings
per month several years ago. The majority of the country's terrorist
groups, as a rule, do not differentiate between religious and political
killings. During the period covered by this report, the majority of
cases of security force and civilian deaths at the hands of terrorists
were a result of knifings (particularly throat-slitting) and shootings.
Terrorists, often claiming religious justification for their actions,
set up roadblocks to kill civilians and security force personnel.
During the period covered by this report, an indeterminate
number of persons were serving prison sentences due to their alleged
Islamist sympathies or membership in Islamist groups that commit or
endorse terrorist acts; however, there were no reports of cases in which
it was clear that persons were arrested or detained based solely on
their religious beliefs.
Forced Religious Conversion
There were no reports of forced religious conversion,
including of minor U. S. citizens who had been abducted or illegally
removed from the United States, or of the refusal to allow such citizens
to be returned to the United States.
Section III. Societal Attitudes
In general noncitizens who practice faiths other than
Islam enjoy a high level of tolerance within society; however, citizens
who renounce Islam generally are ostracized by their families and shunned
by their neighbors. The Government generally does not become involved
in such disputes. Converts also expose themselves to the risk of attack
by radical extremists.
The majority of cases of harassment and security threats
against non-Muslims come from radical Islamists who are determined to
rid the country of those who do not share their extremist interpretation
of Islam (see Section II). However, a majority of the population subscribes
to Islamic precepts of tolerance in religious beliefs. Moderate Islamist
religious and political leaders have criticized publicly acts of violence
committed in the name of Islam.
Anti-Semitism in state-owned and independent media
publications and broadcasts tends to be limited to editorials addressing
Palestinian issues. Intermittent articles covering the war in Iraq also
displayed a level of religious intolerance not normally seen in the
local press during other periods covered by this report.
Section IV. U.S. Government Policy
The U.S. Government discusses religious freedom with
the Government in the context of its overall dialog and policy of promoting
human rights.
The U.S. Embassy deepened its outreach to the Muslim
community through strong and close contact and programs with the Islamic
Abdel Kader University in Constantine, and visits with imams in areas
throughout the country, including Tolga to the south, Tlemcen to the
west, and Constantine and Thenia to the west. The Embassy maintained
close contact with the High Islamic Council and leaders of various zawiyat
(religious schools and centers). The Embassy maintained frequent contact
with three Islamic political parties (Movement for Peaceful Society,
El Islah, Ennahda) and met with the Wafa Party, whose legal status remains
unrecognized by the Government. The Embassy maintains contact with social
service non governmental organizations and a scholarly institute.
The Embassy maintained close contact with religious
leaders in the non-Muslim community, who expressed concerns that radical
Islamists and government restrictions on the importation of religious
materials were increasing impediments to practicing their faith.
The U.S. Embassy maintained frequent contact with the
National Consultative Commission for the Protection and Promotion of
Human Rights (CNCPPDH), a quasi-governmental human rights organization
established by the Government in 2001 in response to international and
domestic pressure to improve its human rights record. Individuals and
groups who believe they are not being received fairly by the Ministry
of Religious Affairs may have their concerns heard by this commission.
Sources: U.S. State Department - Bureau of Democracy, Human Rights and Labor |