Free speech organization Article 19 urged the government of Algeria to repeal recent amendments made to the Algerian Penal Code to align with international freedom of expression standards in a statement published on Monday.
Article 19, a human rights organization committed to defending the freedom of expression and information, criticized the amendments, which introduced new speech offences and imposed harsher penalties for existing speech offences. The Parliament of Algeria’s lower chamber, the National People’s Assembly (APN), introduced the amendments, which were adopted on April 2, 2024 following the Council of the Nation’s approval. Algerian President Abdelmajid Tebounne subsequently promulgated the amendments on May 5, 2024.
Article 19 explicitly urged “the authorities to immediately repeal Articles 87 bis 13, 144, 146, 148 and 149 bis 21.” They reiterate the “fundamental obligation for the government to uphold and protect the public’s right to free expression,” further calling upon the Algerian government to repeal Articles 63, 63 bis, 96 and 100 to prevent laws limiting the dissemination of information or criminalizing sharing information of public interest. These amendments impose sentences such as life imprisonment for “treason” and doubled sentences where the distribution of materials of foreign origin is concerned.
Article 19 emphasizes that several of the amended articles “exhibit significant legal ambiguities,” as the definitions of key terms are “overly broad and unclear” or “notably vague and ambiguous.” The organisation warns that the use of such encompassing and ambiguous language poses a threat to freedom of expression and transparency as the broadened parameters “instil fear among journalists, activists and ordinary citizens, causing them to hesitate to share or discuss information related to government actions or policies, even if such information is crucial for public debate and accountability.”
Organisations such as the MENA Rights Group, which focuses on human rights in the Middle East and North Africa, and the Cairo Institute for Human Rights Studies (CIHRS) have long expressed concerns regarding the Algerian Penal Code. Earlier this year, CIHRS research director Amna Guellali warned the government, through this legislation, would have another “weapon” to aid in the repression of dissenting ahead of Algeria’s presidential elections in September. Guellali notes, “The authorities have a long record of punishing political dissent under the rationale of protecting national security, national interest and state institutions and symbols. These changes to the law will empower them to further erase political and social dissidence in Algeria.”